Loading...
HomeMy WebLinkAboutord1987-0111 2 3 4 5 6 7 8 9 10 11 12 13 1 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY: CONSENT PROPOSED BY: PLANNING DATE INTRODUCED: February 5, 1987 ORDINANCE NO. 87-11 AN ORDINANCE AMENDING TITLE 20 THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE WHEREAS, the Planning Department and Bureau of Building and Codes have requested amendments to Title 20 in order to make administration easier, correct errors in the text, increase consistency between regulations, and add certain uses to some zones; and WHEREAS, the statutory requirements have been satisfied; and WHEREAS, this ordinance amendment will simplify administration and be of benefit to the public without altering the overall intent of any zoning district or the protection of the public health, safety, or welfare; NOW, THEREFORE, BE IT ORDAINED that Title 20, the official Whatcom County Zoning Ordinance, be amended as provided in Exhibit B, attached hereto and incorporated herein by reference. APPROVED this 5th day of March , 1987, WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom Burton, Chair ATTEST: ( �/) APPROVED ( ) VETOED C � Carol Ebergson Shirley Van Z nten Cl Clerk of the Council County Executive Date: March 6, 1987 APPROVED AS TO FORM: Terry Lewis, Civil Deputy Prosecuting Attorney Published on 2/11 and This ordinance becomes effective on 3/16/87 January 20, 1987 File Ref: ZT 9-86 WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE TEXT OF TITLE 20, ) THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR ) FINDINGS, NUMEROUS ADMINISTRATIVE CORRECTIONS TO WORDING AND ) REASONS, AND REORGANIZATION OF TEXT AND THE ADDITION OF CERTAIN ) MOTION USES IN MANY DISTRICTS. ) WHEREAS, The Planning Department staff and the Bureau of Buildings and Code Administration has applied for zoning amendments to the Official Whatcom County Zoning Ordinance, Title 20, that would resolve certain administrative problems and would add certain non - conflicting uses as permitted uses in many zone districts; WHEREAS, this amendment would not change the intent of the provisions in the Official Whatcom County Zoning Ordinance concerning any zone district or general administrative requirements; WHEREAS, this amendment would simplify administration of Title 20 and benefit the public; and WHEREAS, pursuant to RCW 36.70.590, a legal notice was published in the Bellingham Herald on January 7, 1987; and WHEREAS, a determination of non- significance was made in the SEPA review; and WHEREAS, the Planning Commission held a public- hearing on the proposal on January 20, 1987. NOW, THEREFORE, BE IT RESOLVED: Findings of Fact and Reasons for Action 1. That a quorum of Commission members was present during the hearing. 2. The statutory requirements were met regarding legal notice and SEPA review. 3. The reorganization of portions of the text and the corrections in wording found through out the document aid administration, assist in making the document understandable by the public, and remove inconsistencies between regulations. 4. The addition of accessory apartments as conditional uses and temporary dwelling units while permanent units are under, construction as accessory uses in residential, rural, and resource zone districts adds flexibility in residential uses for the public without changing the character of the zone districts. 5. The addition of private and public playing fields and recreational centers to conditional uses in the Rural zone, the addition of child and adult day care centers to permitted uses in the Neighborhood Commercial zone, and the addition of rental storage facilities to permitted uses in the General Commercial zone allows certain uses in appropriate zones wihtout changing the character of the zone district. 6. The alteration of certain setback requirements for intensive agricultural practices and the limiting of numbers of livestock on parcels less than 10 acres in size is appropriate to prevent use conflicts and enhances the use of SCS /WCCD farm plans. 7. Sign requirements that allow more flexibility in sign placement and size and more clearly limit private directional signs take into account the sign industry standards and the general character of signs in Whatcom County. 8. Requiring development of all weather road access before industrial development requiring such access takes place for areas rezoned industrial in the future enhances the economic viability of industrial development without placing undue burdens on the county road funds. 9. That a majority of the Planning Commission adopts the Findings as presented in the Staff Report (Exhibit C) and further recommends to the County Council the adoption of the proposed amendments to Title 20, as presented in Exhibit B. 10. The Chairperson and Secretary are hereby directed to place their signatures on this document and transmit same, together with Exhibit B and C to the County Council. Done and passed by a unanimous vote this 20th day of January, 1987. WHATCOM COUNTY PLANNING COMMISSION Pe #ip'n, Chairperson Ne �U;u Q L-- -) U Daniel W. Taylor, Ucretary Attachments: Exhibit B - Amended text of Title 20 Exhibit C - Staff Report py�rkt- �� January 14, 1987 File Ref: ZT 9 -86 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Planning Department and Bureau of Buildings and Code Administration REQUEST: In order to simplify administration and remove unnecessary requirements of Title 20, the Official Whatcom County Zoning Ordinance, it is requested that amendments be made to Title 20 as shown in Exhibit A. These amendments resolve certain questions of interpretation that have arisen, correct some sections that were in contradiction to other sections, reorganize certain paragraphs so that the document is more consistent than before, and reword some confusing sentences. In addition, changes were made in the conditional uses including adding accessory apartments in most zones and making consistent the public and human service uses allowed in most zones. In most zones temporary dwelling units while a permanent unit is being constructed is added as an accessory use, churches are added as a permitted use to the tourist commercial zone, and day care centers are added as a permitted use to the neighborhood commercial zone. LOCATION: The requested amendments will affect all districts in Whatcom County that are administered 'under Title 20. STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.590, a legal notice was published in the Bellingham Herald on January 7, 1987. An environmental checklist was submitted for SEPA review, and a determination of non - significance was received on September 22, 1986. REGULATORY EFFECTS OF THE REQUEST: The effects would be to simplify the administration of Title 20 regulations and to allow some additional uses. ANALYSIS AND EVALUATION: These proposed amendments have been compiled during 4 years of administering the provisions of Title 20. Both the housekeeping and substantive amendments have resulted from interactions with the public that have indicated deficiencies in the current version. The enactment of the housekeeping amendments would make administration simpler and more efficient, would eliminate certain confusions that the public experiences in complying with Title 20, and would allow additional uses. SUMMARY OF FINDINGS: 1. . The Planning Department and Bureau of Buildings and Codes are requesting amendments to Title 20 that would make administration easier, correct certain errors in text, increase consistency between regulations, and add certain.uses to some zones. 2. Statutory requirements have been met. 3. This amendment would simplify administration and be of benefit to the public without altering the overall intent of any zoning district or the protection of the public health, safety, or welfare. RECOMMENDATION: The Planning Department recommends adoption of the amendments as presented in Exhibit A. Chapters 20.04 20.04.010 20.04.020 20.04.030 20.04.035 20.04.040 20.04.050 20.04.060 20.04.070 20.04.080 W.20 (UR) 20.22 (URM) 20.32 (RR) 20.34 (RR -I) 20.36 (R) 20.40 (AG) 20.42 (F) 20.44 (ROS) 20.60 (NC) 20.62 (GC) 20.63 (TC) 20.64 (RC) 20.66 (LII) 20.67 (GM) 20.68 (HII) 20.70 (AO) TITLE 20 OFFICIAL WHATCOM COUNTY ZONING ORDINANCE GENERAL PROVISIONS Statutory Authority Statement of Purpose Interpretation and Conflict Administrative Responsibilities Title Application Establishment of Districts Adoptions of District Zoning Maps Amendments URBAN RESIDENTIAL DISTRICT URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT RESIDENTIAL RURAL DISTRICT RURAL RESIDENTIAL- ISLAND RURAL DISTRICT AGRICULTURAL DISTRICT FORESTRY DISTRICT RECREATION AND OPEN SPACE DISTRICT NEIGHBORHOOD COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT TOURIST COMMERCIAL DISTRICT RESORT COMMERCIAL DISTRICT LIGHT IMPACT INDUSTRIAL DISTRICT GENERAL MANUFACTURING DISTRICT HEAVY IMPACT INDUSTRIAL DISTRICT AIRPORT OPERATIONS L_XH/ r3l l i__.) Chapters: 20.80 SUPPLEMENTARY REQUIREMENTS 20.80.200 Setback Requirements 20.80.300 Waterfront Lots 20.80.350 Variances to Lot Area and Width Requirements for New Subdivisions 20.80.400 Clear Visions 20.80.500 Sign Controls 20.80.600 General Development Standards 20.80.700 Off- Street Parking and Loading 20.80.800 Livestock Regulations 20.82. -1-00 PUBLIC UTILITIES 20.83 NONCONFORMING USES AND PARCELS 20.84 VARIANCES, CONDITIONAL USES AND APPEALS 20.85 PLANNED UNIT DEVELOPMENT 20 786 PR66EBURES- FAR -I, -1-1; - 9M - HH- B -ISTRMT- APPI,WATIONS 3.88 MAJOR DEVELOPMENT PERMITS 20.89 DENSITY TRANSFER PROCEDURE 20.90 AMENDMENT AND FEES 20.92 HEARING EXAMINER 20.94 ENFORCEMENT AND PENALTIES 20.95 SEVERABILITY 20.97 DEFINITIONS OFFICIAL ZONING MAPS FOLLOW TEXT: Cherry Point - Ferndale Subarea Lake Whatcom Subarea Urban Fringe Subarea Lummi Island Subarea Chuckanut -Lake Samish Subarea Lynden- Nooksack Valley Subarea URBAN RESIDENTIAL (UR) DISTRICT 20.20.010 PURPOSE CHAPTER 20.20 To promote an orderly transition from rural to urban development, the intent of this District is to encourage land uses and associated densities which will be complementary with future urban densities and services, while allowing reasonable transition uses of properties. Furthermore, it is the intent of this District to implement the policies of the Urban Reserve Comprehensive Plan designation for the appropriate subarea. In addition, it is the intent of this District to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land by allowing an option for clustering of residential lots. (Amended per WCC 20.04.080(1)(a)) 20.20.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 One single - family dwelling per lot. .052 Single - family attached dwellings provided that public sewer, water and, where identified by the appropriate subarea comprehensive plan policies, storm water collection and retention facilities - -- where-- ident -if-ied - -by -tire appropriate - subarea-- eamprehenatve- plan-- po�efes; serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the District. (Amended per WCC 20.04.080(1)(a)) .053 Agriculture including animal husbandry, horticulture, viticulture, floriculture, silviculture and beekeeping. -A54 Home-- oeet�pattens-- pttrsuartt-- te-- 5eetrea- 29-9�-�89 --of -- tote- Affrera�- Whateom G'otinty- Zoning- Ardtrtartee- .0554 Noncommercial Nneighborhood parks and public recreation facilities. Private- aeeeommeretal- boat -- decks--- �atine�tea ,--- raatpa--- f�oeta; -- moorages -arid boathouses- pursuant -to- the- Whateom-0etinty- Shore -line- Management- Program- 20.20.100 ACCESSORY USES �leeesar�ry- uses- rnetdenta� -to- tile- •primary- permitted -aszs- .101 Home occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. .102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. .103 Other accessory uses incidental to the primary permitted uses. CHAPTER 20.20 - i$ 4-` PcmPararg- dove��ag-- aat- g- t�et -- Mesa -ttan --X68- sere --ice ; -including tLcLv1v - -tr*et }era - arm- reereatroaa�- erehs�es- where - the - unit- is-- �nn��'t��-'ta - she -- as .ewage-- aad-- wa�e�-- s3�tems ;-- der-- ase-- b�- e�mers- during`'t�tCperivd -o�f - coast. F�s��- a�- Q- pQt�we���E- Frlrt} e- �rti�d�s�ermit- is- va�i�-- imt -tv 10MG2-a- U.000- 20.20.160 CONDITIONAL USES .1541 Public and community facilities, including fire stations, libraries, community c4ubsfcenters and other public facilities consistent with the purpose of this district. .16 -12 Public schools; and Pparochial or private schools, provided such schools shall be approved by the State Superintendent of Public Instruction. .153 Churches, educational and religious training institutions, and summer camps. (Adopted per WCC 20.04.080(1)(a)) .1564 Retirement, boarding and convalescent homes; social and health rehabilitation centers; children and adult care centers in a building not used as a residence; and other health related services consistent with the purpose of the district. -I66 Oommunity -clubs f centers- .1575 Neighborhood grocery stores; provided that: (1) the gross commercial floor areas, including sales and storage areas, shall not exceed 2,600 square feet; (2) storage areas shall be located entirely within the structure; however, outside trash receptacles shall be enclosed and screened from public view; (3) the owner may have no more than two (2) gasoline pumps islands; (4) minor auto repairs may be provided; however.engine overhaul, body and fender work, tire recapping and vehicle sales are prohibited; (5) hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.; (6) height of the building shall not exceed twenty -eight (28) feet from the average grade; (7) the site shall be full fronting on two or more improved public roads or streets; (8) internal -- structural all lighting shall be designed and installed to prevent the illumination of adjacent properties during business hours; however, security lighting may be permitted during nonbusiness hours if it is designed to prevent the illumination of adjacent properties; (9) not more than two (2) identification signs, not exceeding forty (40) square feet in area for each road frontage shall be permitted; provided CHAPTER 20.20 that said sign(s) shall be attached flush against the building, but shall not project above any part of the roofline nor extend more than eighteen (18) inches from the wall of the building to which it is attached. Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by an indirect external source. .1586 Golf course. (Adopted per WCC 20.04.080(1)(a)) .16857 A manufactured home, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or (2) A temporary dwelling space for a third party where the person requiring supervision and care in the manner described above is the resident owner of the subject property; PROVIDED, that (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictions and lot coverage requirements; (4) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (3) above; (5) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system; (6) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (7) The permit shall be valued valid for a one -year period. Said permit may be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances requiring allowing the original permit remain-in effect. (8) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. (Adopted per WCC 20.04.080(1)(d); Amended per WCC 20.04.080(1)(f) & (ee)) .158 Accessory apartments to single- family detached residences, provided that: There shall be not more than one (1) accessory apartment per lot; (2) The owner(s) of the one - family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling( units on the premises; CHAPTER 20.20 Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory apartment; (4) There shall be only one (1) front entrance to the house visible from the front yard and street; (5) The accessory apartment shall be clearly a subordinate part of an existing building attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch, and there shall be no external evidence of occupancy of more than one dwelling unit; (6) No additional parking is required when adding an accessory apartment. (7) When the total area of the existing dwelling unit plus the accessory apartment is greater than 2,000 square feet, the accessory apartment shall be no larger than 600 square feet in area; and The construction and occupancy of the accessory apartment shall not be detrimental to the neighborhood in which the lot is located. .159 Bed and breakfast lodgings. .160 Intensive animal husbandry practices such as confinement feeding operations and feedlots. 20.20.200 PROHIBITED USES All other uses. 20.20.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH .251 For the purpose of creating new building lots within the Urban Residential District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, and, where identified by the appropriate subarea comprehensive plan policies, storm - water collection and retention facilities serve the project site. Where the conventional method is used to create new building lots, the minimum lot size shall be five (5) acres or, if public sewer and water, and, where specified by the comprehensive plan, stormwater drainage facilities are provided, the minimum lot size shall be 12,000 square feet. Where the lot cluster subdivision method is used, the minimum lot size is based -on the conatderation -of the District's setback - requirements (WCC 20.80.200) and the Bellingham - Whatcom County Health Department regulations for on -site septic disposal or—,-if public - ,-t aiiaii -be- 8;800 - square -feet. but shall not be less than that shown below. (Amended per WCC 20.04.080(1)(a)) CHAPTER 20.20 .252 Maximum Density and Minimum Lot Size MIN. RESERVE GROSS MINIMUM LOT SIZE AREA (CLUSTER DISTRICT DENSITY CONVENTIONAL /CLUSTER SUBDIVISIONS) UR (all densities 1 dwelling 5 acres 1 acre 55% without public unit/5 acres sewer and water UR all densities 1 dwelling 5 acres 15,000 75% with public sewer unit /5 acres sq. ft. or water)_ UR -33 with public sewer 3 dwelling 12,000 8,000 25% and water collection units /l acre sq. ft. sq. ft. and stormwater retention facilities where identi- fied by the appropriate subarea comprehensive plan policies UR -4 with public sewer 4 dwelling 8,000 6,000 20% and water collection units /acre sq. ft. sq. ft. and retention.facili- ties.where.identified by the appropriate subarea comprehensive plan policies Amended per WCC 20.04.080(1)(a), (h) .253 Minimum Lot Width and Depth WIDTH AT STREET LINE WIDTH AT MINIMUM DISTRICT CONVENTIONAL /CLUSTER BLDG. LINE MEAN DEPTH UR (all densities 300' 70'* 80' 0' without public sewer and water UR with public sewer and water, and stormwater collection and retention facilities where identi- fied by the appropriate subarea comprehensive plan policies 3 units per acre 30' 30' 70' 80' 4 units per acre 30' 30' 60' 70' *Thirty feet (30') on a cul -de -sac only. (Amended per WCC 20.04.080(1)(a),(h)) CHAPTER 20.20 20.20.300 LOT CLUSTERING AND RESERVE TRACT .310 LOT CLUSTERING The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Cluster- ing is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots may be only created only through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, cluster or concei features, allow other uses in encroachments on building lots is known as linear, the majority of building sites should be arranged in a itrated pattern to be compatible with physical site for the efficient conversion of the "reserve tract" to the future, and have no more than two common existing county roads. The arrangement of clustered intended to discourage development forms commonly straight -line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall.be designed to allow access to the "reserve tract" for the purpose of future approved development. .320 RESERVE TRACT For the purposes. of this Section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All "reserve tract" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "reserve tract" may be considered as a building lot, provided that such lot is included in the overall density calculation of the original parcel of record. (3) The "reserve tract" shall not be further subdivided until such time that the District is changed to another district which would permit a greater density, or until each "reserve tract" is eligible for review and consideration for other uses and densities, consistent with the Whatcom County Planning Process and Comprehensive Plan revision or policies. CHAPTER 20.20 (4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve lots." (5) That the above stated requirements (2) to .(4) shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Adopted per WCC 20.04.080(1)(a)) 20.20.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). 20.20.400 HEIGHT REGULATIONS Maximum height shall be limited to thirty -five (35) feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h) and (s)) 20.20.450 LOT COVERAGE No structure or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five percent (35x) of the total area. 20.20.650 DEVELOPMENT STANDARDS .651 Plat Language for Proposed Subdivisions: Where a proposed subdivision, binding site plan or short subdivision will be located adjacent to or across a right- of-way from an existing agricultural or forestry fiend -use district, the developer and any'subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural or forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County Hearing Examiner, of a petition representing a majority of the land owned by munceab-- affeeted property owners within three hundred (300) feet of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County. of the previously existing agricultural or forestry uses will not be increased thereby. CHAPTER 20.20 .662 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the Official Whatcom County Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas. .663 Livestock Regulations: The keeping of livestock shall be administered pursuant to W86 Section 20.80.800 (Supplementary Requirements). URBAN RESIDENTIAL MEDIUM DENSITY (URM) DISTRICT 20.22.010 PURPOSE CHAPTER 20.22 To provide for a supply of land in areas planned for urban residential purposes that will accommodate the county's need for medium density and compatible nonresidential as identified in the appropriate subarea comprehensive plan. Since Urban Residential Medium Density areas may be adjacent to other land use forms, compatibility among these forms shall be accomplished through responsible design and development considerations of this district. 20.22.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supple- mentary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordi- nance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 One single - family dwelling per lot. .052 Noncommercial Nneighborhood parks and public recreation facilities. 20.22.100 ACCESSORY USES .101 Home occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. .102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses .,pursuant to the Whatcom County Shoreline Management Program. .103 Other accessory uses incidental to the primary permitted uses. fl4-- 'PemporarsFd++e- }ess��hmr-- 35$- sgnar'e- -feet; ine�ndint�- travel ..tr$i ler-$- 1 where "it Teaaee�- �e- �ermer�ent -044& - sewage ea; r- -wetel --eye fer -- biers - e-* Ted-of -4— 4-4 a peFMgMApt d%4911ifige�e- 'ra�E--- is- ve�el; r�et 20.22.150 CONDITIONAL USES .1561 Public and community facilities, including fire stations, libraries, community c4tbafcenters and other public facilities consistent with the purpose of this district. .1542 Public schools; and parochial or private schools, provided such schools shall be approved by the State Superintendent of Public Instruction. .153 Churches, educational and religious training institutions, and summer camps. (Adopted per WCC 20.04.080(1)(dd)) - .154 Retirement, boarding and convalescent homes; social and health rehabilitation centers; children and adult care centers in a building not used as a residence; and other health related services consistent with the purpose of the district. :155 Pub }re- aehee }a CHAPTER 20.22 15 }5 Multi - family residential including apartments and residential condominiums but not time share condominiums. .1526 Rooming houses, or bed and breakfast lodgings. .1537 Mobile home parks .158 Professional offices .16059 Golf-courses }6} c'hi }dreg- and - adapt- eare- faer�rtres- as-- defraed- bq-- Wssh�agton- �tdmrnrstrative Eadr- Scet�en- 388- t3- 8 }4f } }- -f4 }-- and- f6 }fa }- sad- fb }- -- 1620 A manufactured home, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or, (2) A temporary dwelling space for a third party where the person requiring supervision and care in the manner described above is the resident owner of the subject property; PROVIDED, that (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements; (4 ) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set-forth in (3) above; (5) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system; (6) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (7) The permit shall be valued valid for a one -year period. Said permit may be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances requiring allowing the original permit remain in effect. (8) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. (Adopted per WCC 20.04.080(1)(d);Amended per WCC 20.04.080(1)(f) & (ee)) 20.22.200 PROHIBITED USES All other uses. CHAPTER 20.22 20.22.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH .251 For the purpose of creating new building-lots within the Urban Residential Medium Density District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer and water serve the project site. Where the conventional method is used to create new building lots, the minimum lot size shall be five (5) acres or,. if public sewer and water are provided the minimum lot size shall be 87000 7,200 square feet. Where the lot cluster subdivision method is available, the minimum lot size is based on the- consideration -off 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. .252 Maximum Density and Minimum Lot Size - General (1) MIN.RESERVE GROSS MINIMUM LOT SIZE AREA(CLUSTER DISTRICT DENSITY CONVENTIONAL /CLUSTER SUBDIVISIONS) URM (all densities without 1 dwelling 5 acres 1 acre 55% public sewer and water) unit /5 acres URM (all densities with 1 dwelling 5 acres 15,000 public sewer and water) unit /5 acres sq. ft. URM -6 with public sewer, 6 dwelling .7,200 N/A water and stormwater col- units /l acre sq. ft. lection and retention facilities where identified by the appropriate subarea comprehensive plan policies. URM -12 with public sewer, 12 dwelling 7,200 N/A water and stormwater col- units /l acre sq. ft. lection and retention facilities where identified by the appropriate subarea comprehensive plan policies. URM -18 with public sewer, 18 dwelling 7,200 N/A water and stormwater col- units /l acre sq. ft. lection and retention facilities where identified by the appropriate subarea comprehensive plan policies. NA means not applicable. (Amended per WCC 20.04.080(1)(h)) 75% N/A N/A N/A CHAPTER 20.22 (2) Where the Whatcom County Comprehensive Plan policies allow for the transfer of densities and where the provisions of WCC 20.89 are met, then the maximum allowable density shall be equal to that established by the comprehensive plan; PROVIDED that public sewer and water is available. .253 Maximum Density and Minimum Lot Size - Specific Uses (1) Multi- family residential uses as provided in Section 20.22.151 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. (2) Mobile home parks shall have a density equal to that established by the zone district with a maximum density of seven (7) units per acre and a minimum net parcel size of two (2) acres. .254 Minimum Lot Width and Depth WIDTH AT STREET LINE WIDTH AT. MINIMUM DISTRICT' CONVENTIONAL /CLUSTER BLDG. LINE MEAN DEPTH URM without public sewer & water 300' 70'* 80' 100' URM with public sewer & water 30' 30' 70' 80' *Thirty feet (30') on a cul -de -sac only. 20.22.300 LOT CLUSTERING AND RESERVE TRACT .310 LOT CLUSTERING The purpose of lot clustering is to provide an- alternative method of creating economical building lots with spatially efficient sizes. Cluster- ing is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots shall be onl-y created only through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear straight -line or highway strip patterns. CHAPTER 20.22 (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. .320 RESERVE TRACT For the purpose of this Section, of a proposed subdivision or agricultural, forestry, open spa4 "reserve tracts" created through the following provisions: "reserve tract" is defined as that portion short subdivision which is intended for �e or future development purposes. All the subdivision process shall be subject to (1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision, conveyed to a third party. (2) The "reserve ,tract" may be considered as a building . lot, provided that such lot is included in the overall density calculation of the original parcel of record. If the "reserve tract" is not included in the overall density calculation, it can only be developed with an open space use allowed by WCC 20.22.050. (Amended per WCC 20.04.080(1)(h)) (3) The "reserve tract" shall not be further subdivided until such time that the District is changed to another district which would permit a greater density, or until each "reserve tract" is eligible for review and consideration for other uses and densities, consistent with the Whatcom County Planning Process and Comprehensive Plan revision or policies. (4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be communicated in writing on the face of the .plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve lots." (5) At the time of filing of any final plat or short plat containing a "reserve tract," the subdivider shall execute a covenant limiting the use of said 'reserve tract' consistent with the requirement of paragraphs (2) through (4) above. This covenant shall be enforceable by Whatcom County and be recorded at the time of final plat approval as a covenant running with the land; provided that, it may be later amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Adopted per WCC 20.040.80(1)(h)) CHAPTER 20.22 20.22.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WOO Section 20.80.200 (Setback Requirements). 20.22.400 HEIGHT REGULATIONS Maximum height shall. be limited to forty (40) feet. Height of structures shall also conform to, where applicable, the general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h) and (s)) 20.22.450 LOT COVERAGE No structure or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five percent (35%) of the total area. 20.22.500 OPEN SPACE .501 Multi - family housing shall keep maintain a minimum of twenty percent (20 %) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. .502 Mobile home and recreational vehicle parks shall keep maintain a minimum of forty percent (40 %) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. (Amended per WCC 20.04.080(1)(h)) 20.22.600 SIGN REGULATIONS Sign regulations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.22.650 DEVFLOPMENT STANDARDS The requirements of WCC 20.22.651, 20.22.652, 20.22.653 and 20.22.654 do not apply to single - family or duplex residences. .651 Facility Design: (1) All Developments: Each development shall screen roof mechanical equipment so as not to be visible by surrounding uses or roads. (2) Conditional Uses: in-- addition- o- eor►formag- with - WOE'- 29- $$- 6 § }t } }; aAll conditional uses provided by WOO Section 20.22.150 shall be designed consistent.with the scale of a project, to: (a) consider solar access and wind exposure; (b) provide coordinated landscape and architectural designs; (c) provide integrated circulation design for pedestrians, vehicles and bicycles; CHAPTER 20.22 (d) provide an integrated circulation design that complements the architectural design of the project, considers adjoining land use activities and meets adopted county standards; (e) provide an integrated street and land use design -- whiff- provi.+¢s for with appropriate sized roadways to meet anticipated traffir- demands; (f) minimize ingress and egress points to arterials; (g) utilize valuable or unique natural features as part of the sl.te. design; and (h) accommodate physical constraints of a site. (3) Multi- family Residential: -in --- addition­ tb W88- 29:22.- 65ifi�- and- �;�} - -aAll multi - family residential uses allowed by WCC Section 20.22.151 shall be designed, consistent with the scale of the project, to: (a) encourage views from individual units towards parks, open space and other natural features; (b) discourage views from individual units towards other dwelling units; (c) implement comprehensive plan policies addressing view blockage; (d) provide, regardless of the project's scale, adequate fire protec- tion and acoustical privacy between dwellings to meet fire code requirements and "Sound Transmission Code" (STC) ratings found in Chapter 10 or "A Guide to Airborne, Impact, and Structure Borne Noise Control in Multi - Family Dwellings" by U.S. Department, of Housing and Urban Development; and (e) Consider off - street parking areas for boat and /or recreational vehicles in an amount sufficient to serve the anticipated needs of a development. (4) Nonresidential Development: in - -- addition- - -to -- conforming- -with W_2g_22_gs� }� } }- and- t2 } - -aAll nonresidential development as provided by WPC Sections 20.22. 15507 nenresidentia}- eenditronai- nse- wken-- deveieped- in-- eanjanetien -wgti� t-tsr specific- uacs -- cited -tn- this- section shall be designed, consistent with the scale of the project, to: (a) orient open space areas of the development towards existing and proposed residential areas; (b) encourage shared access and parking; (c) orient land use activities requiring traffic flows or vehicular types heavier than for residential areas towards arterials or collectors and away from residential areas; and CHAPTER 20.22 (d) encourage orient activity areas of a project involving lighting, noise or traffic away from residential areas. (5) Mixed Use Development: }n --- addition---- to--- canfermtng--- �viti; projects containing hoth multi - family residential and nonresidential developments as allowed by this chapter shall be designed, consistent with the scale of the project, to: (a) orient nonresidential high traffic generators toward arterials and collectors; (b) orient residential areas away from arterials and collectors unless the size of the residential area requires servicing by such a facility; (c) permit commercial activities with similar architectural scale and design, and characteristics compatible characteristics with residential areas to be developed within residential areas. Such characteristics include amount and type of traffic, hours of operation, noise, lighting, odor and dust; (d) provide an integrated sign design which would not visually intrude into residential areas; -and due to size height and illumination; and (e) provide pedestrian and bicycle pathways which that links the residential and nonresidential development together. (Amended per-WCC 20.04.080(1)(h)) .652 Landscaping: A landscape plan, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance, shall be submitted to the Zoiii.ng Administrator for approval. For conditional uses the plan shall conform to the following requirements: (l) Fifteen (15) feet within the front yard setback situated adjacent to the right -of -way shall be used -on }y- for- }andscap}ng; landscaped except for walkways and permitted signs. This same area may be penetrated by driveways which access required parking areas. With approval of the zoning administrator after review of a site plan, the balance of a front. yard setback not contained in the landscape area may be used for parking and maneuvering. (2) Screening shall be provided for service buildings, storage areas and parking areas. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation, at least four (4) feet in width. - - - -- Such- vegetation ; and shall not obstruct necessary vision of pedestrian and vehicular traffic. (3) The purpose of said landscaping on a year -round basis is to create a comfortable living environment and soften visual impact of structures while improving adverse on- and off -site views. Where appropriate, the landscaping can also be used in conjunction with other methods to reduce noise impacts. Said design shall be encouraged to use vegetation that has minimal irrigation needs such as native Northwest CHAPTER 20.22 vegetative species or non - native species which have a demonstrated suitability for Whatcom County. (4) Implementation of said required landscapeing and /or screenjjIg shall commence prior to building occupancy, shall be maintained, fey- -a- period ef-- five - -f 5 }- - yews-- �rereafer; and sera -1-1 may be guaranteed by a performance bond or similar means of ensuring implementation and maintenances, as approved by the Zoning Administrator, for an amount of one hundred fifty percent (150 %) of the estimated landscaping cost. All required landscaping shall be completed within 180 days after occupancy. (Amended per WCC 20.04.080(1)(h)) .65:3 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the Official Whatcom County Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas. 654 Sidewalks: Sidewalks shall be installed pursuant to the requirements of the County Engineer. 655 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of the Official Whatcom County Zoning Ordinance. .656 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department. of Highways. (Amended per WCC 20.04.080(1)(h)) G57 Access ss and Roadways: Access shall conform to the provisions of Section 20.80.669765 of the Official Whatcom County Zoning Ordinance. Roadways shall be provided pursuant. to the requirements of the County Engineer. 658 Lighting: Outdoor lighting shall be provided to adequately illuminate on -site streets, parking and where applicable, pedestrian walkways. Light shall comply with the requirements of the County Engineer, and shall be sized and directed to avoid adverse impacts on adjacent properties. 659 Binding Site Plan Should the use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. CHAPTER 20.22 .660 Plat Language for Proposed Subdivisions: Where a proposed subdivision, binding site plan or short subdivision will be located adjacent to or across a right -of -way from an existing agricultural or forestry land use, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural or forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County Hearing Examiner, of a petition representing a majority of the land owned by adjacent affected property owners within three hundred (300) feet of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County of the previously existing agricultural or forestry uses will not be increased thereby. .661 Garbage Facilities: Garbage disposal facilities shall be provided in accordance with applicable Whatcom County Board of Health rules and regulations, and subject to approval of the Health Department. 20.22.700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within this District: .701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations. .702 There shall be no production of noise at any property line of any use in this District in excess of the average intensity of street and traffic noise found in the District. .703 There shall be no emission dust, dirt, odors, smoke, or toxic gases and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. (District adopted per WCC 20.04.080(1)(a)) CHAPTER 20.32 RESIDENTIAL RURAL (RR) DISTRICT 20.32.010 PURPOSE The purpose of the Residential -Rural District is to maintain the low density residential character of the areas designated as Residential -Rural on the Comprehensive Plan Map and implement the appropriate subarea comprehensive plan policies. In addition, it is the intent of this District to provide the opportunity for the development of building sites which maximize the efficient use of both energy and land by allowing an option for clustering of residential lots. (Amended per WCC 20.04.080(1)(a)) 20.32.050 PERMITTED USES Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 One single - family dwelling per lot. .052 Single - family attached dwellings provided that not more than two units are attached and the number of dwelling units conforms to the density requirements of this District. .053 Noncommercial Nneighborhood parks and public recreation facilities. .051 The raising of crops, fruits, berries, horticultural products and animal husbandry. 20.32.100 ACCESSORY USES v06f.101 Home occupations pursuant to Section 20.91.180 of the Official Whatcom County Zoning Ordinance. -:055.102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. -.056_103 Befaehed- garages -- earperfs, - -bul }drags -- for- fhe-- sferage -of -- home - garden equlpmenf--- name - -- workshops, - -- home-- greenhet�ses -- and-- efher-- bnr }cl }ngs norms}} p-- aeeessery-- e-- resfdenfra } - -- uses.- Other accessory uses incidental to the primary permitted use. - -- s_ .i..#.�_ �� _. eruct-- �, ra#. ex_-- �-}•g..s,-- ��r--- ��se--- h�-- ec�r�r� �.��- i= t�- i�'�iac} -e� nnnc h ri,rt i nn of ,2^ ,1gY'.III�ABA ,dyigl�,+7 -Fl - j,� _- 441_ iB y _ _ri0•�4_0. 20.32.150 CONDITIONAL USES .1521 Public sehea }s and community facilities, including fire stations, libraries, community centers and other public facilities consistent with the purpose of this district. CHAPTER 20.32 .15 -12 Public schools, and parochial or private schools; provided such schools -- shall be approved by the State Superintendent of Public Instruction. .153 Churches educational and religious training institutions, and summer camps. .1564 Retirement 1- boarding and convalescent homes; social and health rehabilitation centers; children and adult care centers in a buildin not used as a residence; and other health related services consistent with the purpose of the district. 1575 Neighborhood grocery stores, provided that: (1) the gross commercial floor area, including sales and storage areas, shall not exceed 2,500 square feet; (2) storage areas shall be located entirely within the structure; however, outside storage of solid waste receptacles shall be permitted if the receptacles are enclosed and screened from public view; (3) the owner may have no more than two (2) gasoline pumps; (4) minor auto repairs may be provided; however, engine overhaul, body and fender work, tire recapping and vehicle sales are prohibited; (5) hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.; (6) height of the building shall not exceed 28 feet from the average grade; (7) the site shall be full fronting on two or more improved public roads or streets; (8) internal structural lighting shall be limited to hours of operation and shall be designed and installed to prevent the illumination of adjacent properties; however, lighting for security purposes may be used after business hours if such lighting is consistent with the above statement. (9) not more than two (2) identification signs, not exceeding forty (40) square feet in area for each road frontage, shall be permitted; provided that said sign(s) shall be attached flush against the building, but shall not project above any part of the roofline nor extend more than eighteen (18) inches from the wall of the building to which it is attached. Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by indirect external source. .1586 Golf course. (Adopted per WCC 20.04.080(1)(a)) .1597 A manufactured home, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or, CHAPTER 20.32 (2) A temporary dwelling space for a third party where the person requiring supervision and care in the manner described above is the resident owner of the subject property; PROVIDED, that (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements; (4) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (3) above; (5) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system; (6) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (7) The permit shall be valued valid for a one -year period. Said permit may be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances requiring allowing the original permit remain in effect. (8) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. (Adopted per WCC 20.04.080(1)(d);Amended per WCC 20.04.080(1)(f) & (ee)) .158 Accessory apartments to single - family detached residences, provided that: (1) There shall be not more than one (1) accessory apartment per lot; (2) The owner(s) of the one - family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units.on the premises; _QJ Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory apartment; There shall be only one (1) front entrance to the.house visible from the front yard and street; The accessory apartment shall be clearly a subordinate part of an existing building attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch, and there shall be no external evidence of occupancy of more than one dwelling unit; No additional parking is required when adding an accessory apartment. (7) When the total area of the existing dwelling unit plus the accessory apartment is greater than 2,000 square feet, the accessory apartment_ shall be no larger than 600 square feet in area; and CHAPTER 20.32 The construction and occupancy of the accessory apartment shall not be detrimental to the neighborhood in which the lot is located. .159 Bed and breakfast lodgings. .160 Intensive animal husbandry practices such as confinement feeding operations and feedlots. 20.32.200 PROHIBITED USES All other uses. 20.32.250 MAXIMUM DENSITY, MINIMUM.LOT SIZE AND WIDTH T2&1 --Fee- the - - purse- off- -er-ea Res iden++s4 -Rur R �istriz:t- �everar3arrd - use --den iti ware• - provided - - --Y a in mumr- 3nt-size - r�c}�i- r�aes�s- - €ems - -sew- - e ®ae#�rue�i c��}- - - va�`Y- - a000�d �g - � e - �-��e - - met�ied• - ter€ sub, - irisien- end - whether-- not- pab14c-- ssewer-andy4er -- -eager aveHab1-c, --as -we -1}--- as-- wlietker`- s +ermwster- eel-lectiorr --and- iretention-- iaciiit+es, -wheia -3. dent -i- tamed- �Y- ��gr' opr `ie�e- �abar'ee- eempx�ekerisiire glarr- pelirt>iea�,-- servc�-he - pro jest- site. -- -W}eFe -- the- saipient•iona -1 -subdivie4n- moUied -1a- -use4 4,6- eeeate sew- b�ri�dii �et�ef- hs�ie }mom -let• -me -(1-)- sere sewer -- asd�-- �wate�r -- ear -- where-- sgeerf- isd -rr-- �1�- eemprehetraive• - -pl -are; - s -termwateT- -&aiaage- aoi� t }es- ewe- pr�e�ided;- 1 -m rri�t� -lest -ewe- shred -fie 4 8rQOO- equare-- €eet-- €or-- RR2- -end-4W.1-- areas- or- 42rGOO- square -€eet for-RR8 areasz-- The- 3etr alast4R- -methed- epaT -only -be- teed• -if- pal. -ie sewer L and/ -o z - - waier- er-e- - $eev 4dedr -and-t kern - -the - minimum- -let- *eeed- -on #die - co��s�dera�� �- the - H �t�iei $ - seiback- �equ- i�emerrts- �W(�4- �A :�: �2A�} -emd -the - 4e4iin&em- Whateem-- setatb -- ReaI .th-- Degartmer� -- re�aia ibr�e or�errsite segt -i e- dispose 4 Amended per WGG -28T ".-080 f ] -X44 -arid- 4 ae}} T2b2- �taxi- Bensi����- �4i -rti�e I�ot - &}ae M3R+.- iMSEffE QRGSSr----- -MI *IN M- bOTL.SIZI~------ -ARW-elUffRR BIS- TRIGT-------------------R UNS 3T ---- GAIN IMEN4 ' 31-E9 6LH61PER ----- SM3MMON5} RR -1;- W-2-- RI- 3------------ 4- dweHirt - - - -] -vcre --- I- crer -----------0%- with- teirther- publ4e --------- timW-1 -eere- sewer- er -water MOE- Witirpab]+e- sewer ---------- tmi+yq- sere ------------ act. --tt- and/- OF- wa#,err -ands stounwater- -Fetent,4ea -and ----- a -------- - - -IG* eelleetiors #aQik- tles -------- wh ere- idsnt4fied-by ------------- 4m- 4hO- -6ppr-opr -iate -mss Faa ------ 3-dwel4ing-- - -12 409 ---- grO08 ----------- 2g, comprahoriai�►e - I>7,ar�- Po�l.ic�es, -- - aai#.+a�� - acres -- - -s4• - €t-.- - - sg.- �-t . (Amended•- per- WGC- -2A:04.4989f jjsf ,-(40-and - +na }} CHAPTER 20.32 .253 Minimum Lot Width and Depth WIDTH AT STREET LINE WIDTH AT MINIMUM DISTRICT CONVENTIONAL /CLUSTER BLDG. LINE MEAN DEPTH RR with neither 30' 30' 80' 100' public sewer nor water RR with public sewer and /or 30' 30' 70' 80' water, and stormwater collection and retention facilities where identified 30' 30' 70' 80' by the appropriate subarea comprehensive plan policies. (Amended per WCC 20.04.080(1)(a),(h) and (aa)) 20.32.300 LOT CLUSTERING AND RESERVE TRACT .310 LOT CLUSTERING The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Cluster- ing is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots may be only created through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the' future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight -line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. .320 RESERVE. TRACT For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for CHAPTER 20.32 agricultural, forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: (l) After a site is initially subdivided pursuant to this Chapter, Lhe "reserve tract" .may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "reserve tract" may be considered as a building lot, provided that such lot is included in the overall density calculation of the original parcel of record. (.3) The "reserve tract" shall not be further subdivided until such time that the District is changed to another district which would permit a greater density, or until each "reserve tract" is eligible for review and consideration for other uses and densities, consistent with the Whatcom County Planning Process and Comprehensive Plan revision. (4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3, shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve lots." (5) That the above state requirements (2) to (4) shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Adopted per WCC 20.04.080(1)(a)) 20.32.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). 20.32.400 HEIGHT LIMITATIONS Maximum height shall be limited to thirty -five (35) feet. Height of structures Shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h) and (s)) 20.32.450 LOT COVERAGE No struci.ure or combination of structures shall occupy or cover more than thirty - five percent (35 %) of the total area. CHAPTER 20.32 20.32.650 DEVELOPMENT STANDARDS .651 Plat Language for Proposed Subdivisions: When a proposed subdivision, binding site plan or short subdivision will be located adjacent to or across a right-of-way from an existing agricultural or forestry -land -use district, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural or forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County Hearing Examiner, of a petition representing. a majority of the land owned by ad�a ent-- affeeted property owners within three hundred (300) feet of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County of the previously existing agricultural or forestry uses will not be increased thereby. 652 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the Official Whatcom County Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yards. .653 Livestock Regulations: The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). CHAPTER 20.34 RURAL RESIDENTIAL - ISLAND (RR -I) DISTRICT 0.34.01.0 PURPOSE The purpose of this district is to allow for a harmonious mixture of residential, retail commercial, public uses and those light industrial uses associated with agriculture, forestry and fishing. In addition, the district requires that new light industrial, retail commercial and residential uses complement the rural character by adherence to the goals and policies of the Lummi Island Plan. Furthermore, the purpose of this district is to provide the option for residential uses to arrange in cluster development patterns while reserving tracts of land for rural uses and potential future resubdivision. In addition, the district provides for density transfer to preserve land and.water quality. 20.34.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 One single - family detached dwelling per lot. .052 Agriculture including animal husbandry, horticulture, viticulture, floriculture and beekeeping; and the cultivation of crops. .. -05� Hr+ me--- eeenpat= Wiens- -- parsaafl�-- �a-- See�tort- 29 -9$- X86- -c+ € -- the- Afftera�- Whateem C;hunt;v--r anrng-6rdinanee- :-(3�, %l Nefleemmere�al'` -b oat- etoeks,-- }atuiei�es - -- ramps, -- f�aet`s,- -- moorages- anfl- boati�ouses pu rs unnt--t`o-t= lie- Wisat-cem- Eount`p- 6i�ere�tne- Management;- Pregrsm- .0553 Fish farms and aquaculture and mariculture projects; provided that no new seafood or fish - raising facilities or ponds shall be located within one thousand (1000) feet of agricultural operations requiring pesticide and /or herbicide applications as part of their normal farm practices pursuant to the Whatcom County Shoreline Management Program. .0564 Small wood lot management, tree farming, commercial forestry and reforestation, including the temporary use of portable management harvesting or processing equipment. 20.34.1.00 ACCESSORY USES Rf-rrssr,rp - uses- �nci- dr.nt-a�- td -tlzr- primary- permrtt=eel -uses .- .1_0_1_ Hume occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. .102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. _103 Other accessory uses incidental to the primary permitted uses. CHAPTER 20.34 4 04- Tempeett-- dwel-l-i -ng-- uzri +e-ix -- mesa- thair- i5{�- sguarL- - fee- h-inc- hid�irur avet- t r- ai. 4ere- a ed- r- ee-Feari-eRa-1- -vehseles-wheee -uke- -teed is-- eowiee -tec- -te- gervAmeat- 94 -te- -sewage --a *d --w& et- -- &w- tems, - -Qx—, pe4cPd -&f- eoestrwat -iea- of- e- permeaent �we�l3ag- wlri�e- t4ie -htt lt�iag- perm }i = i- s- val-id7; -n&t- t-o- -em ee ed- -tw& -(-24 - yeam-. 20.34.150 CONDITIONAL USES .151 Public and community facilities, including Churches,- fire stations, libraries, community clubs/centers aammer- eampa;- eemetcrYes - -- retirement -and convaiacen -t homes and other public facilities which am consistent with the purpose of this district. .152 Public schools; and parochial or private schools, provided such schools shall be approved by the State Superintendent of Public Instruction. .153 Churches, educational and religious training institutions, and summer camps. .154 Retirement, boarding and convalescent homes; social and health rehabilitation centers; children and adult care centers in a building not used as a residence; and other health related services consistent with the purpose of the district. .1525 Single - family attached dwellings provided that not more than four dwelling units are attached and the number of dwelling units conforms to the density requirements of this District. .1536 Commercial uses including retail trade, professional and personal services. .1547 Light Industrial uses associated with fishing, forestry and agriculture, including manufacturing, processing, repair and storage and distribution of goods. .1558 Home occupations employing no more than three (3) people outside the family, conducted in a structure(s) other than the dwelling unit provided that: (1) The Whatcom County Hearing .Examiner shall find that the primary function of the home occupation is related to the purposes and need of the Rural Residential -Island District. (2) Construction of new buildings to house said occupation shall not exceed 759 1,250 square feet of total floor area and shall be subject to the standards of Sections 20.36.400, 20.36.450, 20.80.200 and 20.80.700 of the Official Whatcom County Zoning Ordinance. (3) In the event materials will be stored outdoors, the Hearing Examiner may require adequate landscaping or other devices in order that the material will not be visible by surrounding uses or roads. .1579 A manufactured home, a fully serviced travel trailer or motor home, to provide: CHAPTER 20.34 (1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or, (2) A temporary dwelling space for a third party where the person requiring supervision and care in the manner described above is the resident owner of the subject property; PROVIDED, that (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements; (4) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (3) above; (5) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system; (6) When the need for daily care.no longer becomes necessary, the temporary home shall be removed; (7) The permit shall be va +ned valid for a one -year period. Said permit may be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances rega -irtng allowing the original permit remain in effect. (8) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place: (Adopted per WCC 20.04.080(1)(ee)) .160 Accessory apartments to single - family detached residences, provided that: There shall be not more than one (1) accessory apartment per lot; The owner(s) of the one - family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises; Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory apartment, There shall be only one (1) front entrance to the house visible from the front yard and street; The accessory apartment shall be clearly a subordinate part of an existing building attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch, and there shall be no external evidence of occupancy of more than one dwelling unit; -" No additional parking is required when adding an accessory apartment. CHAPTER 20.34 (7) When the total area of the existins[ dwelling unit plus the accessory apartment is greater than 2,000 square feet, the accessory apartment shall be no larger than 600 square feet in area; and The construction and occupancy of the accessory apartment shall not be detrimental to the neighborhood in which the lot is located. .161 Bed and breakfast lodgings. .162 Intensive animal husbandry practices such as confinement feeding operations and feedlots. 20.34.170 LIMITED USE NEAR SHORELINE On the shore side of West Shore Drive and Nugent Road to the McLean Avenue right - of -way, along Seacrest Drive and Island Drive south to the Forestry plan designa- tion, and along Legoe Bay Road from Village Point to the northwest corner of Peterson's Addition to Bellingham Bay Cities, uses are limited as follows: (1) No residential or commercial structures may be constructed on any area of a parcel where the distance between the ordinary high water mark and the county road right - of-way is less than 100 feet. (2) On any area of a parcel where the distance between the ordinary high water mark and the county road right - of-way is 100 feet or greater, residential uses are limited to single - family structures and commercial uses are limited to home occupations, except along Legoe Bay Road from County Road 656 to and including Village Point where commercial and industrial uses other than home occupations are allowed by condition. 20.34.200 PROHIBITED USES All other uses. 20.34.250 MAXIMUM DENSITY, AND MINIMUM LOT SIZE AND WIDTH .251 For the purpose of creating new building lots within the Rural Residential - Island District, several land use densities are herein provided. The minimum lot size requirements for new construction 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: (1) Ground Water Recharge Areas: Within Ground Water Recharge Areas specified on the Lummi Island Comprehensive Plan Map, density shall not exceed one dwelling unit per five acres. (2) Outside Ground Water Recharge Areas: Outside Ground Water Recharge .Areas density shall not exceed one dwelling unit per three acres. (3) Mixed Properties: Where a parcel is situated partially within and partially outside of a Ground Water Recharge Area (GRA), density or building sites may be transferred from the portion of the parcel within CHAPTER 20.34 the GRA to the portion outside thereof. For the purpose of computing the maximum number of building sites.in the density transfer provision, contiguous and noncontiguous parcels in one ownership may be treated as one parcel. The maximum density for the entire parcel shall not exceed one (1) dwelling unit per three (3) acres. When building sites are transferred from within the GRA to a portion of the parcel outside the GRA, the density outside the GRA may be increased to one (1) dwelling unit per 1.5 acres; however, the density for the portion of the parcel within the GRA shall not exceed one (1) dwelling unit.per five (5) acres. Because of these density provisions for the portions of the parcel inside and outside the GRA, an overall density of one (1) dwelling unit per three (3) acres may not be attainable in certain cases. For example, a forty (40) acre parcel with thirty -one (31) acres within Ground Water Recharge Areas and nine (9) acres outside Ground Water Recharge Areas has a maximum density without using density transfer of six (6) dwelling units on the portion within the Ground Water Recharge Areas and three (3) dwelling units on the portion outside the Ground Water Recharge Areas. If the density transfer option is used, the overall maximum density increases to one dwelling unit per three (3) acres or a total of thirteen (13) dwelling units. However, the additional four (4) units may be transferred to the portion outside the Ground Water Recharge Areas only up to the maximum density or one (1) dwelling unit per 1.5 acres. In this case, six (6) dwelling units still would be inside (around Water Recharge Areas, and on the remaining nine (9) acres the maximum number of units would be six (6). Thus, the total allowed building sites would be twelve (12) instead of thirteen (13). .252 Maximum Density and Minimum Lot Size AREA GROSS DENSITY MINIMUM LOT SIZE CONVENTIONAL /CLUSTER MIN. RESERVE AREA (CLUSTER SUBDIVISIONS) RR -I 1 dwelling 3 acres ** 30% outside unit /3 acres* Recharge Areas RR -I 1 dwelling 5 acres ** 55% within unit /5 acres* Recharge Areas * Except when density transfer is used as provided in Chapter 20.34.251(3). ** The lot size that satisfies the Bellingham- Whatcom County Health Department requirements for water and sewage services. .253 Minimum Lot Width and Depth AREA RR -I outside Recharge Areas RR -I within Recharge Areas WIDTH AT STREET LINE WIDTH AT CONVENTIONAL /CLUSTER BLDG. LINE CHAPTER 20.34 MINIMUM MEAN DEPTH 200' 70'* 80' 100' 300' 70'* 80' 100' * Thirty feet (30') on a cul -de -sac only. .254 Lots Platted Prior to 1978 Platted Lots of Record created prior to 1978 and identified in Table 2, page 7, of the Lummi Island Comprehensive Plan shall be considered as separate lots for building purposes regardless of ownership, unless bound to adjoining lot(s) by covenant, and shall not be subject to the lot consolidation provisions of Section 20.83.070 of this Ordinance. (Adopted per WCC 20.04.080(1)(cc)) 20.34.300 LOT CLUSTERING, RESERVE TRACT AND DENSITY TRANSFER .310 Lot Clustering The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or .possible future development. The creation of new building lots, pursuant to this Section, shall be governed by the following recommended design standards: (1) Clustered building lots may be only created through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the future, and have no more than two common encroachments on existing County roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight -line or highway strip patterns. CHAPTER 20.34 (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. .320 Reserve Tract For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this Section, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "reserve tract" may be considered as a building lot; provided that such lot is included in the overall density calculation of the original parcel of record. (3) The "reserve tract" shall not be further subdivided until such time that the District is changed to another district which would permit a greater density, or until each "reserve tract" is eligible for review and consideration for other uses and densities, consistent with the Whatcom County Planning Process and Comprehensive Plan revision. (4) The purpose of the reserve tract as stated in Section 20.34.320: 1,2,3 shall be communicated in writing on the fact of the plat or short plat; also, the number of developable building.sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts." (5) That the above stated requirements 20.34.320: 2,3,4 shall be recorded as a deed.restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the' Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. .330 Density Transfer The purpose of density transfer is to provide an opportunity to create economical building lots while recognizing the appropriate land use for Ground Water Recharge Areas. The creation of new building lots shall be governed by the standards in Chapter 20.34.310 and the following provisions: (1) Maximum gross density shall not exceed one unit per three acres, provided however, that density within Ground Water Recharge Areas shall not exceed one unit per five acres and outside Ground Water Recharge CHAPTER 20.34 Areas may increase to one dwelling unit per 1.5 acres as provided in Section 20.34.251(3) Density Transfers. (2) This Density Transfer provision shall not apply to the area specified in WCC 20.34.170. (3) Density transfers shall only apply to parcels within the same ownership. (4) Deed restrictions shall be attached to the original parcel of record indicating the total number of building sites (if any) resulting from full or partial use of the maximum density. (5) Deed restrictions shall be binding on the property until such time that the zone district density provisions are amended to allow additional building sites. 20.34.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 - Setback Requirements. 20.34.400 HEIGHT LIMITATIONS Maximum height of structures shall be limited to twenty -four (24) feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. 20.34.450 LOT COVERAGE No structure or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five percent (35 %) of the total area. 20.34.650 DEVELOPMENT STANDARDS .651 Plat Language For Proposed Subdivisions: When a proposed subdivision, binding site plan or short subdivision will be located adjacent to or across a right - of-way from an existing agricultural or forestry land -use district, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural or forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County Hearing Examiner of a petition representing a majority of the land owned by adjacent- affected property owners within three hundred (300) feet of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County of the previously existing agricultural or forestry uses will not be increased thereby. CHAPTER 20.34 .652 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the -- Official Whatcom County Zoning Ordinance. 653 Livestock Regulations: The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). .654 Unstable Slope Regulations: .Unstable slopes are defined as those having a tendency for mass movement of earth materials, including slides, flows and soil creeps. (1) Structures including but not limited to buildings, roads, drainage facilities and utilities shall not be built on unstable slopes as identified on Figure Cl and C2 of the Lummi Island Comprehensive Plan. (2) Structures shall not be built on potentially unstable slopes as identified on Figure C1 and C2 of the Lummi Island Comprehensive Plan unless they can be designed and constructed without causing the slope to become unstable. Development that is proposed in unstable slope areas should present specific engineering drawings to the Zoning Administrator that 'display how the proposed development will mitigate the slope hazard. (3) Vegetation shall be disturbed as little as possible on unstable and potentially unstable slopes. .655 Fire Flow Requirements: Any development with fire flow requirements exceeding the capability of the Whatcom County Fire District #11 pumper tankers shall have adequate on -site storage to provide the required fire flow. If on -site storage is a pond, a concrete encasement with filters, screens and clean -out provisions shall be constructed. 656 Ground Water Regulations: (1) Solid waste landfills are prohibited. (2) There shall be no underground storage of fuel tanks where public water supplies could be endangered. (3) Runoff from impervious surfaces such as buildings, driveways and roads shall drain back into the ground rather than be conveyed by pipe or ditches away from the island. (4) Naturally occurring ponds and swamps shall not be drained. (District adopted per WCC 20.04.080(1)(u)) RURAL (R) DISTRICT 20.36.010 PURPOSE CHAPTER 20.36 The purpose of this District is to implement the Rural designation of the appropriate subarea Comprehensive Plan which calls for the maintenance of rural character and environmentally fragile areas by allowing a multiplicity of low intensity uses that are compatible and complementary with the conservation of agricultural, forestry and related uses. Furthermore, the purpose of this District is to provide the option for residential uses to arrange in cluster development patterns while reserving tracts of land for rural uses and potential future resubdivision. (Amended per WCC 20.04.080(1)(a)) 20.36.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 One.single- family detached dwelling per lot. .052 Agriculture including animal husbandry, horticulture, viticulture, floriculture and beekeeping; and the cultivation of crops. 7953 Marketing - -by- the - operator,-- ef- Whatcem- 6ennty- products -- which- originate -from the - permitted- uses - stated- tn- Ereettens -Z6- 36:652- and -26- 36:658;- prevtded� { }} enfy -one -- stand- centatntng- net�ere- than -fide- hundred- f569 }- square -feet ef- freer- area- sha�� -be- permitted; f2� such -- stand -- shaft-- be-- subeet- -te - -- the -- setback --- requirements—of WE£- 26 -86- 269; -and f3} such- stattel -- chaff- be- provre�ed- �►rth -a- sufficient- area -te- permit -at -feast five- f5 }- autemeb��es -te- park - safely- -off- the -= read - right -ef -Nay -- and -to re- enter- the - traffic- rn- a- ferxard- motion - -- .0543 Soil stripping and sod farming, provided.that removal of such material does not exceed 500 cubic yards of soil per year. .-955 Heme- eccupattens -- pursuant - -te -- Erection- 26- 9�- t55 - -ef -- the-- Affrcra�- Whatcem Oeunty- Zoning- Ardinance7 -956 Private-- nencemmercraf -- beat-- e�eeks--- faunehes -- ramps, -- (feats -- moorages -anc} boathouses- pursuant -te- the- Whatcem- 6eunty- Shere3:rne- Management- Pregrom- .0574 Fish farms, and aquaculture new seafood or fish - raising one thousand (1,000) feet pesticide, and /or herbicide practices. and mariculture projects; provided that no facilities or ponds shall be located within of agricultural operations requiring applications as part of their normal farm CHAPTER 20.36 .0585 Small wood lot management, tree farming, commercial forestry and reforestation, including the temporary use of portable management harvesting or processing equipment. 20.36.100 ACCESSORY USES l4eeesaorp- uaes- iaeidenta� -te- the - primary- permitted -uses- .101 Home occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. .102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. .103 Other accessory uses incidental to the primary permitted uses. - d841Pempv dwe- 14- ink- -um}ts -- net-- Ir ess- tkan-- Yk- 3quare-- €eet-- inc4uding- -traw4 ttt 4 4er,s-an&- -reereet4eaei- yelvic4es -where -Mie -turn -is - emmeete& -to - pefwanent - si.�e- sewage -e�� -water s��sr- der -- +use-- b3�- ewse��s-- dirrie�E -- tie-- pe��ed�f �at���en- �- e�e�' meserrt- dwc���sg- wlri�e- #- ize-- l�- i3��s�- persri -t 3e- ve13d ;-�� .105 Marketing, by the operator, of Whatcom County products which originate from the permitted uses stated in Sections 20.36.052 and 20.36.058: provided: only one stand containing not more than five hundred (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 (5) automobiles to park safely. off the road right- of-way and to re -enter the traffic in a forward motion. 20.36.150 CONDITIONAL USES .151 Public and community facilities, including churches,- fire stations, libraries, community einbsfcenters cemeteries; retirement -md- coma -lescent home -T and other public facilities witich a. consistent with the purpose of this district. .152 Public schools, and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction. .153 Churches, educational and religious training institutions, and summer camps. .154 Retirement, boarding and convalescent homes; social and health rehabilitation centers; children and adult care centers in a building not used as a residence; and other health related services consistent with the purpose of the district. .1525 Animal hospitals and accessory kennels and stables provided: CHAPTER 20.36 (1) no building or animal enclosure shall be located closer than fifty (50) feet from the external property lines; (2) such facilities must have a waste disposal program approved by the county Health Department; and (3) such facility shall be operated at all times in a manner specifically designed to prevent the use of the facilities from becoming a nuisance, either public or private; and the Hearing Examiner shall require of the applicant a detailed program to minimize potential annoying effects; said program to be recorded as one of the conditions attached to the permit. .1536 Private commercial kennels and stables intended for the boarding, propagation or training of domestic animals. .1547 Housing or camping facilities to accommodate seasonal 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. .1558 Aircraft landing strips when solely for personal uses; provided no landing strip shall be located within two hundred and fifty (250) feet from the center line of the landing strip to any property.line, building or structure. The Hearing Examiner shall be further guided by the safety recommendations of the Federal Aviation Administration. .1569 Surface and subsurface mining of coal, soil, sand, gravel, peat and other similar solid material, including mineral processing facilities which have an intended locational life in excess of twelve (12) months. Surface mining for the purpose of improving agricultural productivity shall not be restricted by this provision; provided materials, when removed for agricultural purposes, remain on site. (1) The Whatcom County Hearing Examiner shall approve a surface and subsurface mining project if it is determined the proposed mining operation: (a) will be harmonious and in accordance with the general and specific objectives of Whatcom County Comprehensive Plan and zoning regulations; (b) will be operated and maintained so the essential character of the general vicinity will remain the same; (c) will not have a significant impact on the surrounding area; CHAPTER 20.36 (d) will not result in excavation or location of structures, buildings or machinery within 500 feet of any RR district and within 150 feet of any county road right -of -way; (e) will not impair lateral support or cause earth movements or erosion beyond the exterior property lines of the subject site; (f) will not be hazardous or disturbing to existing neighboring uses; (g) will have vehicular approaches to the site designed to minimize the conflict between automobile and truck traffic while maintaining the carrying capacity of county roads; (h) will not result in the destruction, loss or damage of any natural scenic or historic feature of major importance; and (i) has complied with other ordinances and laws regulating mining, such as but not limited to, the Shoreline Management Program, the Whatcom County SEPA Ordinance, the Washington State Surface Mining Act (RCW 78.44), as well as State and Federal regulations concerning subsurface mining. (2) In addition, the Whatcom County Hearing Examiner may impose conditions of approval which may be necessary to protect the value and enjoyment of existing adjacent uses, such as: (a) (b) (c) (d) (e) (f) .15 -760 Neil hours of operation; buffer areas and visual screening; protective fencing; performance and maintenance bonds; reclamation plans; and drainage control. ;hborhood grocery stores, provided that: (1) The gross commercial floor area, including sales and storage areas, shall not exceed 2,500 square feet except that the overall floor area may be increased to a maximum of 3,500 square feet where an ancillary use is approved by the Hearing Examiner. All ancillary uses shall not exceed 30% of the total floor area and must have similar type and level of impacts as generated by a neighborhood grocery store. Such ancillary uses may include but not be limited to post office, soda fountain, hardware sales or clothing sales. (Amended per WCC 20.04.080(1)(k)) (2) storage areas shall be located entirely within the structure; however, outside storage of solid waste receptacles shall be permitted if the receptacles are enclosed and screened from public view; (3) the owner may have no more than two (2) gasoline pumps; CHAPTER 20.36 (4) minor auto repairs may be provided; however, engine overhaul, body and fender work, tire recapping and vehicle sales are prohibited; (6) hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.; (6) height of the building shall not exceed 28 feet from the average grade; (7) the site shall be full fronting on two or more improved public roads or streets; (8) internal structural lighting shall be limited to hours of operation and shall be designed and installed to prevent the illumination of adjacent properties; however, lighting for security purposes may be used after business hours if such lighting is consistent with the above statement; and (9) not more than two (2) identification signs, not exceeding forty (40) square feet in area for each road frontage shall be permitted; provided that said sign(s) shall be attached flush against the building, but shall not project above any part of the roofline nor extend more than eighteen (18) inches from the wall of the building to which it is attached. Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by an indirect external source. .15861 Home occupations employing no more than three (3) people outside the family, conducted in a structure(s) other than the dwelling unit provided that: (1) The Whatcom County Hearing Examiner shall find that the primary function of the home occupation is related to the purposes and need of the Rural, Agricultural and Forestry districts. (2) Construction of new buildings to house said occupation shall not exceed 1,250 square feet of total floor area and shall be subject to the standards of Sections 20.36.400, 20.36.450, 20.80.200 and 20.80.700 of the Official Whatcom County Zoning Ordinance. (Amended per WCC 20.04.080(1)(bb)) (3) In the event materials will be stored outdoors, the Hearing Examiner may require adequate landscaping or other devices in order that the material will not be visible by surrounding uses or roads. .15962 Small scale commercial processing of agricultural and forestry products on a permanent basis, utilizing permanently installed equipment, and provided the use is compatible and augments the economic viability of the forest or local agricultural community and is consistent with applicable local, state and federal standards and regulations, and that appropriate provision is made of water to meet fire flow standards. (Amended per WCC 20.04.080(1)(bb)) .1603 Solid waste disposal facilities and sites. CHAPTER 20.36 .16-14 Private or public, commercial and noncommercial sports facilities and clubs including 8golf courses, playing fields for outdoor sports and other facilities consistent with the purpose of this district. (Adopted per WCC 20.04.080(1)(a)) .1625 Hydroelectric projects of five (5) megawatts or less. (Adopted per WCC 20.04.080(1)(a)) .1636 A manufactured home, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or, (2) A temporary dwelling space for a third party where the person requiring supervision and care in the manner described above is the resident owner of the subject property; PROVIDED, that (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements; (4) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (3) above; (5) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system; (6) When the need for daily care no longer becomes necessary, the - temporary home shall be removed; (7) The permit shall be valued valid for a one -year period. Said permit may be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances requiring allowing the original permit remain in effect. (8) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. (Adopted per WCC 20.04.080(1)(d); Amended per WCC 20.04.080(1)(f) & (ee)) .167 Coin - operated laundry where developed in association with a neighborhood grocery store as provided in Whatcom County Code 20.36.1578. Maximum total floor area of the laundry and grocery store shall be 4,500 square feet. (Amended per WCC 20.04.080(1)(k) .168 Accessory apartments to single - family detached residences, provided that: There shall be not more than one (1) accessory apartment per lot; CHAPTER 20.36 The owner(s) of the one - family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises: Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory apartment; There shall be only one (1) front entrance to the house visible from the front yard and street; The accessory apartment shall be clearly a subordinate part of an existing buildin attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch, and there shall be no external evidence of occupancy of more than one dwelling unit; (6) No additional parking is required when adding an accessory apartment. (7) When the total area of the existing dwelling unit plus the accessory apartment is greater than 2,000 square feet, the accessory apartment shall be no larger than 600 square feet in area; and The construction and occupancy of the accessory apartment shall not be detrimental to the neighborhood in which the lot is located. .169 Bed and breakfast lodgings. .170 Intensive animal husbandry practices such as confinement feeding operations and feedlots. 20.36.200 PROHIBITED USES All other uses. 20.36.250 MAXIMUM DENSITY, AND MINIMUM LOT SIZE AND WIDTH .251 For the purpose of creating new building lots within the Rural District, several land use densities are herein provided. The minimum lot size requirements for new construction 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 2 five (5) or ten (10) acres. Where the lot 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. CHAPTER 20.36 .252 Maximum Density and Minimum Lot Size MIN. RESERVE GROSS MINIMUM LOT SIZE AREA (CLUSTER DISTRICT DENSITY CONVENTIONAL /CLUSTER SUBDIVISIONS) R -2A without 1 dwelling unit/ 2 acres 1 acre 20% public water 2 acres 80' 100' R -10A 300' R -2A with 1 dwelling unit/ 2 acres 15,000 65% public water 2 acres sq. ft. R -5A without 1 dwelling unit/ 5 acres 1 acre 55% public water 5 acres R -5A with 1 dwelling unit/ 5 acres 15,000 75% public water 5 acres sq. ft. R -10A without 1 dwelling unit/ 10 acres 1 acre 709 public water 10 acres R -10A with 1 dwelling unit/ 10 acres 15,000 80% public water 10 acres sq. ft. (Amended per WCC 20.04.080(1)(a)) .253 Minimum Lot Width and Depth WIDTH AT STREET LINE WIDTH AT MINIMUM DISTRICT CONVENTIONAL %CLUSTER BLDG. LINE MEAN DEPTH R -2 200' 70'* 80' 100' R -5A 300' 70'* 80' 100' R -10A 300' 70'* 80' 100' *Thirty feet (30') on a cul -de -sac only. (Amended per WCC 20.04.080(1)(a)) 20.36.300 LOT CLUSTERING AND RESERVE TRACT .310 LOT CLUSTERING The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Cluster- ing is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. The creation of new building lots, pursuant to this Section, shall be governed by the following recommended design standards: CHAPTER 20.36 (1) Clustered building lots may be only created through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, cluster or concei features, allow other uses in encroachments on building lots is known as linear, the majority of building sites should be arranged in a itrated pattern to be compatible with physical site for the efficient conversion of the "reserve tract" to the future, and have no more than two common existing county roads. The arrangement of clustered intended to discourage development forms commonly straight -line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. .320 RESERVE TRACT For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this Section, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The "reserve tract" may be considered as a building lot, provided that such lot is included in the overall density calculation of the original parcel of record. (3) The "reserve tract" shall not be further subdivided until such time that the District is changed to another district which would permit a greater density, or until each "reserve tract" is eligible for review and consideration for other uses and densities, consistent with the Whatcom County Planning Process and Comprehensive Plan revision. (4) The purpose of the reserve tract as stated in Section .350, Paragraph 1, 2 and 3, shall be communicated in writing on the face of the plat or short plat; also, the number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts." (5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement CHAPTER 20.36 between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Amended per WCC 20.04.080(1)(a)) 20.36.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). 20.36.400 HEIGHT LIMITATIONS Maximum height shall be limited to thirty -five (35) feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h) and (s)) 20.36.450 LOT COVERAGE No structure or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five percent (35 %) of the total area. 20.36.650 DEVELOPMENT STANDARDS .651 Plat Language for Proposed Subdivisions: When a proposed subdivision, binding site plan or short subdivision will be located adjacent to or across a right- of-way from an existing agricultural or forestry land -use district, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural or forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County Hearing Examiner, of a petition representing a majority of the land owned by ad�aeent--affeeted property owners within three hundred (300) feet of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County of the previously existing agricultural or forestry uses will not be increased thereby. .652 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the Official Whatcom County Zoning Ordinance. However, recreation vehicles, and boat parking and storage shall be limited to side 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. .653 Livestock Regulations: The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). AGRICULTURE (AG) DISTRICT 20.40.010 PURPOSE CHAPTER 20.40 The primary purpose of this District is to allow the type of activity that preserves, enhances and supports the opportunity for the production of food and fiber in Whatcom County. It is the intent of this District that such activity will maintain a sufficiently large scale of agriculture to assure the economic feasibility of necessary supporting services to the agricultural sector. In addition, the nature of nonfarm activity allowed in this district shall be of the intensity to preclude excessive tax burdens as a result of urban encroachment and attendant public service costs. To avoid excessive tax burdens, division of agricultural land for residential purposes shall be discouraged. 20.40.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 Dairying, raising of livestock, husbandry of small animals, raising of crops, raising of fruits, berries, greenhouse operations, beekeeping -of -been apiaries and apiculture, and raising of mushrooms; including processing of locally harvested crops using temporary portable equipment. 20.40.100 ACCESSORY USES 101 Any use on the farm which is ancillary to the normal operation of the primary permitted uses. .102 One single - family detached dwelling shall be permitted as an accessory use for: (1) Each forty (40) acres (nominal area) or each fractional one - sixteenth (1 /16th) part of a section, which is owned or customarily operated as a single farm unit; or for (2) Each parcel of record, provided that the deeds of all adjoining lands in the same ownership and having boundaries in common have been consolidated by recording of a new deed which unifies the descriptions of the adjoining parcels so they are no longer divided. (3) Any parcel approved for the purposes stated in WCC 20.40.251(4). 103 Additional single - family detached dwellings shall be permitted as accessory .uses provided: (1) All dwellings on the property will be occupied by persons and families engaged in the ownership and /or operation of the farm; (2) A deed restriction recorded with the Whatcom County Auditor is attached to the dwelling at the time of building permit issuance, stating that CHAPTER 20.40 the dwelling cannot be sold separately from the farm; except as provided for in Section 20.40.250 of the Agriculture District, or in the event the zone is changed to another zone district that would permit the land division; (3) All land not occupied in homesites shall be kept in primary permitted uses; (4) The titles of all adjoining lands in the same ownership and having boundaries in common have been consolidated by recording of a new deed which unifies the descriptions of the adjoining parcels so they are no longer divided; (5) An affidavit sworn before a notary public is filed with the application for a building permit to verify compliance with the above. (Amended per WCC 20.04.080(1)(bb)) .104 An additional single - family detached dwelling shall be permitted for a retiring farm owner who has legally resided on the property and operated the farm full -time at least five (5) years. 105 Marketing of agricultural products grown within Whatcom County by the farm operator provided: (1) Only one stand containing not more than five hundred (500) square feet of floor area shall be permitted. (2) Such stand shall be subject to the setback requirements of Section 20.80.200 of the Official Whatcom County Zoning Ordinance. (3) Such stand shall be provided with a sufficient area to permit at least five (5) automobiles to park safely off the road right- of-way and to re -enter the traffic in a forward direction. .106 Home occupations, when in compliance with the following: (1) The occupation or profession shall be carried out primarily within the principal or accessory buildings. (2) Not more than two (2) persons outside the immediate family shall be employed in the home occupation. .107 Noncommercial extraction of sand gravel or both; provided the top soil remains on -site. (Amended per WCC 20.04.080(1)(bb)) .108 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. .109 Other accessory uses incidental to the primary permitted uses. = I_1( �-- Temrorarr- dwe4 +int- - tnii�not -Ies - -than -359- square --feet; �mmttrdinrg -tt iVB� - trarl�ers -��- - recr�at i+anai- vela- i�ee- -w�le� #4ie= t�-i�- �a - c�oeeeo#� -do- �� -s4t-e- sewage - for- - -use -- r3-- ewieFs-- der4:R* -- the- -peFi-ec --of -- -een&tr- uet4en -ef --a- -peFinanex* -dwel4 i-rAE- 4qhi-le - -t-he -bu-i4d!n&L-.seim-i.t- }e -val}d r ter% -te -ex eeed two- 42,)- -year-&,- CHAPTER 20.40 20.40.150 CONDITIONAL USES .151 Public and community facilities, including Ffire stations, scheela- churchea; libraries, community clubs centers; and the expansion of said uses, provided that all new construction must be located fifty (50) feet or more from external property lines. .1512 Public schools, and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction. .1513 Churches, educational and religious training institutions, and summer camps. .15-24 Animal hospitals and accessory kennels and accessory stables, provided: (1) No animal enclosure or building shall be closer than one hundred and fifty (150) feet to the external property lines. (2) Such facilities must have a waste disposal program approved by the ,County Health Department. (3) Such facility shall be operated at all times in a manner specifically designed to prevent the use of facilities from becoming a nuisance, either public or private, and the Hearing Examiner shall require of the applicant a detailed program to minimize potential annoying effects; said program to be recorded as one of the conditions attached to the permit. .1535 Multiple - family attached or clustered housing or camping facilities to accommodate seasonal agricultural employees provided: (1) In addition to any other setback requirements contained herein, such multi_ family facilities shall be located at least one - hundred and fifty (150) feet from any existing dwelling not on the same property and fifty (50) feet from any property line; and (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. (Amended per WCC 20.04.080(1)(e)) .1546 Aircraft landing strips when solely for agricultural uses; provided no landing strip shall be located within two hundred and fifty (250) feet from the centerline of the landing strip to any property line, building or structure. The Hearing Examiner shall be further guided by the safety recommendations of the Federal Aviation Administration. .1557 Fish farms and aquaculture and mariculture projects; provided that no new seafood or fish raising facilities or ponds shall be located within one thousand (1,000) feet of agricultural operations requiring CHAPTER 20.40 pesticide, weedicide, and /or herbicide applications as part of their normal farm practices. .1568 Home occupations employing from three to six persons outside the immediate family, provided that the Hearing Examiner shall make a finding that the proposed home occupations is consistent with the Comprehensive Plan and with the purpose or regulations of the Agricultural District. 1579 Public outdoor recreation where density of persons per unit of land area is low and structure or site grade changes are not necessary; including but not limited to fishing, hunting, hiking, horseback riding and bicycling, but not including recreational vehicle parks and campgrounds. 15860 Public utilities pursuant to Chapter 20.82 of the Official Whatcom County Zoning Ordinance. .15961 Rendering plants. .1602 Processing of agricultural and forestry products utilizing permanent equipment, provided the locations, scale and character of the operation is determined by the Hearing Examiner to be appropriate in the specific situation and to the Agriculture District, in general. .16 -13 Solid waste disposal facilities and sites. .1624 Restaurants, when located on the same property and subordinate to a permanent facility for the processing of agricultural products into food or beverage for human consumption, provided that the size, scale and character of the restaurant facility are compatible with the agricultural /rural character of the surrounding area and are consistent with the general purpose of the zone district. (Amended per WCC 20.04.080(1)(bb)) .1635 Commercial extraction of sand or gravel or both, and accessory washing and sorting; provided the Hearing Examiner has determined, through information provided by the applicant, that: (1) The operation(s) will not result in excavation, or location of structures, buildings or nonmobile machinery within 500 feet of any zone district other than Forestry or industrial; and will not result in the location of structures, buildings or nonmobile machinery within 100 feet of adjoining property lines. (2) The operation(s) will not impair stability or cause lateral movements such as slump, creep or landslide, or cause soil erosion or sedimentation beyond the exterior property lines of the site. (3) The operation(s) will be in compliance with other ordinances and laws, such as but not limited to the Washington State Surface Mining Act (RCW 78.44), the Surface Mined Reclamation Act (WAC 332 -18) and the Washington State Hydraulic Act (RCW 75.20). CHAPTER 20.40 (4) The operation(s) will have sufficient water for washing sand or gravel or both, and will employ methods to minimize sedimentation of water sources, as necessary. (5) The site contains sand or gravel resources. (6) The site is underlain by soils that are identified in the "Soil Survey: Whatcom County, Washington" (Soil Conservation Service) as probable sources of sand or gravel or both. In addition, the Hearing Examiner shall impose the following conditions of approval, as appropriate, which are intended to protect the value, use and enjoyment of adjacent properties; as well as provide for subsequent agricultural or related uses of the site. (7) Hours of operation. (8) Buffer areas and visual screening. (9) Protective fencing and posted "no trespassing" signs. (10) Drainage and stormwater runoff control. (11) Haul road agreements. (12) Setbacks for the excavation area; or structures, buildings or nonmobile machinery associated with extraction, washing or sorting, that will be adequate to minimize potential adverse impacts to adjoining properties or county road rights -of way. (13) Extraction depth will be no deeper than five (5) feet above the regional water table, computed on the basis of yearly average elevation, as determined by well log data or other geologic or hydrologic data. (14) A reclamation plan providing for: (a) stock piling top soil for subsequent use during reclamation; (b) top soil protection by seeding during the time period it is stock piled. (c) reclamation in two (2) to ten (10) acre increments, as appropriately responsive to the size and intensity of the particular excavation activity; seeding to be accomplished annually by September 30; (d) reclamation materials that are nonnoxious, nonflamable and noncombustible; (e) the intended subsequent agricultural or related use of the site, consistent with the permitted, accessory and conditional uses of the Agriculture zone district; CHAPTER 20.40 (f) reclaimed side slopes that appropriate for the subsequent use of the site, that in no case shall be steeper than one and one -half (1 1/2) feet horizontal to one (1) foot vertical; (g) vegetative cover that is appropriate for the intended subsequent use of the site; and (h) final topography that is consistent with the surrounding area and doesn't extend below grade. (15) Performance bonds that are intended to assure that the provisions of the reclamation plan, WCC 20.40.162 (14.c, 14.d, 14.f, 14.g and 14.h) are accomplished, provided: (a) the Whatcom County Public Works Department shall determine the amount and administer the performance bond when the proposal is to extract less than 10,000 tons of sand or gravel or both per year, or when less than two (2) acres of surface area will be disturbed per year; or (b) the Washington State Department of Natural Resources shall determine the amount and administer the performance bond when the thresholds of extraction in 15.a above, are exceeded. (Amended per WCC 20.04.080(1)(bb)) .1646 Commercial operations that directly provide goods or services to agricultural operators with the intent of augmenting agricultural operations, including but not limited to livestock auction facilities, hay sales and storage, sawdust sales and storage, farm equipment service and repair, and farm chemical applicator establishments, provided the applicant demonstrates: (1) that locating the prospective commercial operation within the Agriculture District better serves the agricultural operator than if the commercial operation is located in another district; (2) the site is better used for agricultural services than the raising of crops or livestock; and (3) the prospective commercial operation is limited to directly serving agricultural operators and doesn't include the manufacture of farm related implements. (Amended per WCC 20.04.080(1)(bb)) .1657 Health care facilities, provided the applicant demonstrates and the Hearing Examiner finds: (1) the site is better used for health care services than the raising of crops or livestock; (2) locational criteria for the specific health care facility make other zone districts unsuitable; (3) specific site conditions render the proposed location to be difficult or unsuitable for agricultural operations including topography, poor CHAPTER 20.40 soils, poor drainage, the need to clear extensive amounts of land, etc.; (4) adequate measures will be employed to protect the use and enjoyment of adjoining properties and the general neighborhood, including buffering, screening and use of an appropriately sized parcel; and (5) the benefit to society as a whole is greater than the benefit to the Agriculture District. (Amended per WCC 20.04.080(1)(bb)) .168 Accessory apartments to single - family detached residences, provided that: There shall be not more than one (1) accessory apartment per lot; The owner(s) of the one - family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises; (3) Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory apartment; There shall be only one (1) front entrance to the house visible from the front yard and street; The accessory apartment shall be clearly a subordinate part of an existing building attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch, and there shall be no external evidence of occupancy of more than one dwelling unit; No additional parking is required when adding an accessory apartment. (7) When the total area of the existing dwelling unit plus the accessory apartment is greater than 2,000 square feet, the accessory apartment shall be no larger than 600 square feet in area; and The construction and occupancy of the accessory apartment shall not be detrimental to the neighborhood in which the lot is located. .169 A manufactured home, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or, (2) A temporary dwelling space for a third party where the person requiring supervision and care in the manner described above is the resident owner of the subject property; PROVIDED, that - (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements; CHAPTER 20.40 (4) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (3) above; (5) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system; (6) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (T) The permit shall be valued valid for a one -year period. Said permit may be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances requiring allowing the original permit remain in effect. (8) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. 20.40.200 PROHIBITED USES All other uses. 20.40.250 MINIMUM LOT SIZE AND LAND SUBDIVISION .251 All divisions of land in the Agriculture District shall be approved and filed for record prior to sale, in accordance with the local and state subdivision laws. No division which creates any parcel of less area than forty (40) acres or less road frontage than six hundred (600) feet shall be permitted, consistent with the following criteria; provided that intensive agriculture shall be determined by considering the amount of land customarily used for a specific form of agriculture, customary farm gate values for a specific form of agriculture, soil type and attendant estimated crop production, agricultural improvements, and the prevailing size of surrounding parcels used for agricultural operations., (1) Each parcel created by the division will assist the consolidation of adjacent agricultural operations into more economic farming units; provided resulting parcels are at least ten (10) acres in size; or (2) Each parcel created by the division will facilitate intensive agricultural operations; provided resulting parcels are at least ten (10) acres in size; or (3) The division is to allow the landowner retiring from agricultural operation to continue to occupy the farmstead house and to retain those buildings accessory thereto, provided: (a) that said farmstead land area is not less than one acre or more than five acres; and (b) that said retiring landowner has legally resided on said farmstead for at least five (5) years; and — CHAPTER 20.40 (c) that said retiring landowner or their heirs grant a future right of first refusal of six (6) months to the purchaser or subsequent landowner of the farm unit land to purchase said farmstead buildings and land before they are offered on the open market; (d) that said retiring landowner(s) shall retain ownership for a minimum of five (5) years or until the death of one of the owners, if that should occur earlier; or (4) The division is to allow for realization of a security interest entered into for the purpose of financing a new house provided that the divided parcel shall not be sold separately from the farm except in the event of foreclosure or forfeiture; or (5) The division is for the purpose of a public use or expansion of such uses pursuant to Section 20.40.151. (6) The division is for the purpose of establishing a parcel for the conduct of a conditional use provided in the Agriculture zone text. (7) The division is to segregate the existing farm residence from the farmstead, when the segregation is intended to facilitate financing of the owner or operator, occupied new farm residence; provided that an existing farm residence may be separated from the existing farm only once every fifteen years, and the resultant parcel is no more than five (5) acres in size. (Amended per WCC 20.04.080(1)(bb)) .252 Consolidation of adjacent tracts in the same ownership may be required in approval of any subdivision or short subdivision in the Agricultural District. .253 The burden of. establishing intent in and legal proceeding relating to a transaction accomplished or proposed under the authority of this section shall be'upon the land owner or purchaser. 20.40.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). Building setbacks for parcels of less than five (5) nominal acres shall be administered pursuant to WCC 20.80.282 (3). (Amended per WCC 20.04.080(1)(bb)) 20.40.650 DEVELOPMENT STANDARDS .651 Limitations on Feedlots: (1) No feedlot in excess of three hundred and seventy -five (375) animal units shall be located closer than one thousand (1,000) feet from a residential, resort, commercial or industrial zone. (2) All feedlots of seven hundred and fifty (750) animal units or larger shall be located above the one hundred (100) year floodplain of all river system Ti +hree- dred fifty f300- 50 feet from irrigation and drainage ditches and waterways, and +hree- hundred fifty f8We 50 feet CHAPTER 20.40 from the ordinary high water line of any lake and waterway. provided that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place 300 feet shall be substituted for 50 feet. (3) Animal units shall be calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing greater than 55 pounds multiplied by 0.4, plus the number of sheep or lamb multiplied by 0.1, plus the number of horses multiplied by 2.0, plus the number of ducks multiplied by 0.2, plus the number of hens or broilers (if the facility has continuous overflow watering) multiplied by 0.01, plus the number of hens or broilers (if the facility has a liquid manure handling system) multiplied by 0.33. (Amended per WCC 20.04.080(1)(bb)) CHAPTER 20.42 FORESTRY (F) DISTRICT 20.42.010 PURPOSE The purpose of this district is to implement the Forestry designation of the appropriate subarea comprehensive plan by providing for and encouraging the long- term productivity, commercial management and sustained use of forest resources. In addition, the district provides for uses that are compatible with forestry activities, while maintaining water quality and soil productivity.. (Amended per WCC 20.04.080(1)(bb)) 20.42.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supple- mentary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordi- nance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 The cultivation, harvest, and production of forest products or any forest crop, in accordance with the Forest Practice Act of 1974.and any regulations adopted pursuant thereto; and the cultivation, harvest and production of ferns, moss, boughs, bark, berries, nuts tree fruits, tree seeds, nursery stock, and Christmas trees. (Amended per WCC 20.04.080(1)(bb)) .052 Agriculture, floriculture, horticulture, bee keeping; raising, keeping and feeding of domestic animals, poultry and livestock; and structures accessory to animal husbandry. (Amended per WCC 20.04.080(1)(bb)) .053 Operation of sawmills, chippers, shake and shingle mills, scaling stations; log dumps, sorting and storage areas; forest industry equipment maintenance buildings and storage yards, and forest industry residue dumps and other uses involved in the harvesting and primary processing of timber, provided: that all such uses within one thousand (1,000) feet of any existing residential or commercial zone district as well as the Recreation and Open Space (ROS) District, or park, or recreation area shall be temporary and of less than twelve (12) months duration. (1) the intent of processing is initial reduction in bulk and /or to facilitate transport to secondary processing centers, and (2) all uses within one thousand (1,000) feet of a park, recreation area or zone district other than .Rural, Agriculture or industrial, shall be temporary and of less than twelve (12) months duration. (Amended per WCC 20.04.080(1)(bb)) .054 The management and propagation of fish and wildlife. .055 Watershed management practices, but not including water diversion structures, impoundment dams or hydroelectric generation facilities. .056 Single - family residential dwellings, together with the usual accessory buildings and uses, provided the lot: CHAPTER 20.42 (1) is at least twenty (20) nominal acres in size; or (2) has been created through the clustering provisions of WCC 20.42.300; or (3) has been created through the planned unit developments provisions of WCC 20.85. (Amended per WCC 20.04.080(1)(bb)) .057 Home occupations, when in compliance with the following: (1) The occupation or profession shall be carried out wholly within the principal or accessory buildings, and (2) Not more than two persons outside the immediate family shall be employed in the home occupation. .058 Surface mining, excavation or removal of sand, gravel, clay, rock or other materials in remote areas (as defined in WAC 332 -18- 010(3)) by an owner or holder of possessory interest in land for the primary purpose of construc- tion or maintenance of access roads in the Forestry zone district. (Amended per WCC 20.04.080(1)(bb)) .059 Communication relay stations. .060 Living quarters for trail crews, fire crews, nursery crews, logging crews, maintenance crews and watchmen. .061 Hydroelectric power generation facilities using only diversion structures, and cogeneration facilities; provided that the power shall be to serve and will be associated with a permitted or conditional use situated in the Forestry zone district. (Amended per WCC 20.04.080(1.)(bb)) .062 Storage of explosives operated in compliance with RCW 70.74. (Amended per WCC 20.04.080(1)(bb)) .063 Trails. (Amended per WCC 20.04.080(1)(bb)) 20.42.150 CONDITIONAL USES The conditional uses listed herein shall be administered pursuant to the applic- able provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. Applicable conditional use permit criteria are established in the provisions of Section 20.42.900 of this district and will not be subject to the conditional use criteria provided for in Section 20.84.220 of this Ordinance. (Amended per WCC 20.04.080(1)(bb)) .151 Construction and operation of water diversion structures, impoundment dams and hydroelectric generating facilities not permitted under WCC 20.42.061. .152 Petroleum drilling and exploratory drilling, geothermal energy drilling and exploratory wells. (Amended per WCC 20.04.080(1)(bb)) CHAPTER 20.42 .153 Commercial surface mining of sand, gravel, clay or other minerals not permitted by WCC 20.42.058 and WCC 20.42.059, and primary processing of such minerals as follows: (1) The Whatcom County Hearing Examiner shall approve the conditional use permit, if the proposal: (a) Will not result in excavation, or location of structures, buildings within 500 feet of any zone district other than Forestry or industrial; or within 150 feet of any county road right -of -way; (b) Will not impair lateral support or cause earth movements or erosion beyond the exterior property lines; (c) Will not be hazardous to existing neighboring uses; (d) Has complied with other ordinances and laws including but not limited to the Washington State Surface Mining Act (RCW 78.44), the Surface Mined Reclamation Act (WAC 332 -18) and the Washington State Hydraulic Act (RCW 75.20). (2) In addition, the Hearing Examiner may impose conditions of approval that may be necessary to protect the value, use and enjoyment of- existing adjacent uses, including: (a) Buffer areas and visual screening; (b) Performance and maintenance bonds; (c) Reclamation plans; (d) Drainage control; (e) Hours of operation; and (f) Protective fencing. (Amended per WCC 20.04.080(1)(bb)) 154 Operation of indoor or outdoor recreation facilities including public or institutional camps, community centers, campgrounds, parks, marinas, game reserves, riding academies, developed trail heads, off -road vehicle parks, excluding camping clubs and trailer- pnrksT recreational vehicle and travel trailer park. (Amended per.WCC 20.04.080(1)(bb)) .155 The operation of facilities intended to provide education related to forestry and the purpose of this district, including but not limited to demonstration forests and conservation laboratories. (Amended per WCC 20.04.080(1)(bb)) .156 One single - family home and accessory buildings on pre- existing parcels less than twenty (20) acres nominal size; provided, however, that the Hearing Examiner shall find by a preponderance of evidence: (1) Sewage disposal system or soil suitable for sewage disposal by septic tanks and drainfields; CHAPTER 20.42 (2) Approved water supply or availability of a suitable source of water on the site; (3) Domestic water supply sources that will not be located within one hundred (100) feet of the property boundary or on an adjacent property without written consent of the adjacent property owner; (4) Feasible road access; (5) Adequate fire protection; (6) Available electric power; or (7) A sufficient.number of residences in the area to make denial of a permit for residential construction a substantial hardship to the applicant. (Amended per WCC.20.04.080(1)(bb)) .157 The operation of fur farms and kennels. .158 Major utility and communication facilities, including but not limited to, overhead transmission lines, power generation plants, and underground pipelines which are designed to serve areas beyond the local community. .159 Primary or low intensity, secondary processing facilities of timber not permitted in WCC 20.42.053; excluding pulp, paper or plywood mills. (Amended per WCC 20.04.080(1)(bb)) 20.42.200 PROHIBITED USES All other uses. 20.42.250 MINIMUM LOT SIZE AND WIDTH 251 For the purpose of creating new building lots within the Forestry District, one land use density is provided. The minimum lot size requirements for new 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 twenty (20) nominal acres or one - thirty second (1/32) of a section, less roads. When the lot 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. (Amended per WCC 20.04.080(1)(bb)) .252 Maximum Density and Minimum Lot Size MIN. RESERVE GROSS MINIMUM LOT SIZE AREA (CLUSTER DISTRICT DENSITY CONVENTIONAL /CLUSTER SUBDIVISION) Forestry . 1 dwelling unit /20 acres 20 acres 1 acre 701, (Amended per WCC 20.04.080(1)(bb)) CHAPTER 20.42 .253 Minimum Lot Width and Depth WIDTH AT STREET LINE WIDTH AT BLDG. LINE MINIMUM DISTRICT CONVENTIONAL /CLUSTER CONVENTIONAL /CLUSTER MEAN DEPTH Forestry 535' 70'* 270' 80' 100' *Thirty (30) feet on a cul -de -sac only. (Amended per WCC 20.04.080(1)(bb)) 20.42.300 LOT CLUSTERING AND RESERVE TRACT .310 Lot Clustering The purpose of lot clustering is to provide a method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards: (1) Clustered building lots may only be crated by subdivision or short subdivision. (2) Building lots should be designed and located to the fullest extent possible, to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for efficient conversion of the "reserve tract" to other uses in the future, and have no more than two encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight -line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. (Amended per WCC 20.04.080(1)(bb)) .320 Reserve Tract For the purpose of this section, "reserve tract" is defined as that portion a proposed subdivision or short subdivision that is intended for agricultu- ral, forestry, open space, or future development purposes. All "reserve tracts" created through subdividing shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this section, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. CHAPTER 20.42 (2) The "reserve tract" may be considered as building lot; provided the lot is included in the overall density calculation of the original parcel of record. (3) The "reserve tract" shall be further subdivided until the time the district is changed to another district that would permit a greater density, or until each "reserve tract" is eligible for review and consideration for other uses and densities, consistent with the Whatcom County Planning Process and comprehensive plan revision. (4) The purpose of the "reserve tract" as stated in Section 20.42.320, paragraph 1, 2 and 3 shall be communicated in writing on the face of the plat or short plat. In addition, the number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in clearly communicating the information to all purchasers and prospective purchasers of building lots or "reserve tracts." (5) The above stated requirements in paragraphs (2) through (4) shall be recorded as a deed restriction at the time of filing the final plat or short plat and shall constitute an agreement between Whatcom County and the owner of record. The deed restriction may be amended by mutual agreement between Whatcom County and the owner of record, after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Amended per WCC 20.04.080(1)(bb)) 20.42.330 PLANNED UNIT DEVELOPMENT Building lots may be created through a planned unit development process, consistent with WCC 20.85 of the Official Whatcom County Zoning Ordinance. (Amended per WCC 20.04.080(1)(bb)) 20.42.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). Building - setbacks for parcels of less than five (5) nominal acres shall be administered pursuant to WCC 20.80.283(2). (Amended per WCC 20.04.080(1)(bb)) 20.42.400 HEIGHT LIMITATIONS No residential structures or buildings accessory thereto with the exception of barns and silos shall exceed a height of thirty -five (35) feet. 20.42.450 LOT COVERAGE No more than twenty -five (25 %) of the lot area shall be permanently altered for removed from production of forest products, excluding natural meadows, bogs, surface water and rock outcrops, unless authorized as a conditional use; or unless the lot is created through the clustering provision of WCC 20.42.300 or the planned unit development provision of WCC 20.85, in which case, no structure CHAPTER 20.42 or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five (35 %) of the lot. (Amended per WCC 20.04.080(1)(bb)) 20.42.550 REFORESTATION AREA Upon completion of forest harvest operations, the highest priority for reforestation shall be given to that land within 100 feet of another zone district. Reforestation shall utilize seedlings or whips and shall be consistent with the Forest Practice Act of 1974, as amended. (Amended per WCC 20.04.080(1)(bb)) 20.42.650 DEVELOPMENT STANDARDS .651 Plat Language For Proposed Subdivisions: When a proposed subdivision, binding site plan or short subdivision will be located adjacent to or across a right- of-way from an existing agricultural or forestry imsd-twe district, the developer and any subsequent purchaser or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said agricultural or forestry land which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land. Said covenant or deed restriction may be removed by submission to and approval by the Whatcom County Hearing Examiner, of a petition representing a majority of the land owned by adkneent-- affeeted property owners within three - hundred (300) feet of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County will not be increased thereby. .652 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the official Whatcom County Zoning Ordinance. However, recreation vehicles and boat parking and storage shall be limited to side and rear yards. .653 Livestock Regulations: The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). .654 Domestic Water Supplies: Domestic water supply sources shall not be located within one hundred (100) feet of the property boundary or on an adjacent property without written consent of the adjacent property owner. (Amended per WCC 20.04.080(l)(bb)) 20.42.900 CONDITIONAL USE PERMIT CRITERIA .90.1 The conditional uses listed in Section 20.42.150 shall be subject to the following Forestry conditional use criteria. Said criteria listed in Section 20.42.902 shall supercede the criteria listed in Section 20.84.220. CHAPTER 20.42 .902 Before approving an application for a Conditional Use permit, the Hearing Examiner shall ensure that any specific standards of the use district defining the conditional use are fulfilled and shall find adequate evidence showing that the proposed conditional use at the proposed location will: (1) Be in accordance with all applicable local and state laws, standards and regulations; (2) Be reasonably compatible with the surrounding environment and with the policies of the Whatcom County Comprehensive Plan; (3) Not generate traffic in excess of capacity of the public road system at reasonable safety and service levels; (4) Not create unreasonable demands for public expenditures to provide services, facilities, or utilities beyond that which is normally required for permitted uses in the Forestry District; (5) Provide entrances to public roads or private roads open to public use in accordance with applicable County or State standards; (6) Provide reasonable sound and sight buffering so as not to detract from normal use of surrounding property, public and private roads, and trails open to public use; (7) Be located a reasonable distance from areas of actual or potential natural hazard; (8) Not unreasonably contribute to actual or potential water quality or quantity problems; (9) Be designed to provide reasonable safety from fire hazard; (10) Not unreasonably interfere with any territorial or otherwise significant view from surrounding property and public roads; (11) Not remove areas of .native vegetation which protect shorelines and streambanks from erosion, except as necessary for such uses as culverts, bridges, boat ramps, recreation areas and stream bank stabilization projects; and (12) TTiclude reasonable soil erosion plans necessary to prevent soil, organic debris and other pollutants from entering streams, ponds, or lakes. NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT 20.60.010 PURPOSE CHAPTER 20.60 The purpose of the Neighborhood Commercial District is to provide for small, concentrated land areas intended for retail sales of convenience goods and services to persons residing within a neighborhood trade or service area. An additional purpose of the District is to provide developmental standards aimed at achieving cohesive, coordinated development within this District and achieving compatibility between commercial and surrounding residential uses. The appropriate location of the Neighborhood Commercial District is addressed in the policies of the respective Subarea Comprehensive Plan. 20.60.050 PERMITTED USES The following permitted uses shall be allowed subject to an evaluation by the Zoning Administrator pursuant to the provisions of this Chapter and Chapter 20.80. In addition, each permitted use shall be administered pursuant to the applicable provisions of the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 Barber and beauty shops. .052 Baker shop. .053 Drug store. .054 Food market. .055 Hardware store. .056 Stationery store. .057 Other convenience retail atones shops not greater than 2,500 square feet Per shop. .058 Professional offices not greater than 2,500 square feet per business. .059 Adult or child day care centers. 20.60.100 ACCESSORY USES .101 Single - family dwellings. 20.60.150 CONDITIONAL USES Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Official Whatcom :County Subdivision Ordinance and the Whatcom County Shoreline Management Program. CHAPTER 20.60 .151 Service station. .152 Laundry and dry cleaning establishments. .153 Eating and drinking establishments.. 20.60.200 PROHIBITED USES All other uses. 20.60.250 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required to meet the Building Setback, Lot Coverage and Development Standards of this District. 20.60.300 MAXIMUM BUILDING SIZE .301 Maximum allowable floor area shall not exceed 6,000 square feet per indivi- dual use allowed in the District. .302 The aggregate floor area of all buildings within each Neighborhood Commercial zone district shall not exceed 30,000 square feet. 20.60.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.60.400 HEIGHT LIMITATIONS Maximum building height shall not exceed twenty -five (25) feet. 20.60.450 LOT COVERAGE Buildings or structures shall not occupy more than thirty percent (30%) of a parcel. 20.60.500 OPEN SPACE At least fifteen percent (15 %) of the site shall be kept free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. 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. -Y CHAPTER 20.60 .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)) 20.60.600 SIGN REGULATIONS Sign regulations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.60.650 DEVELOPMENT STANDARDS .651 Facility Design: Individual development within a Neighborhood Commercial zone district shall be designed to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment among structures is encouraged. Each development shall screen roof - mounted mechanical equipment so as not to be visible by surrounding uses or roads. .652 Landscaping: A landscape plan, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance, shall be submitted to the Zoning Administrator for approval. The plan shall conform to the following requirements: (1) Fifteen (15) feet within the front yard setback and situated adjacent to the road shall be naed -only for landscaping, except for driveways, walkways and signs consistent with the provisions of Section 20.60.653(1). The-remainder - setback- mar -be -used -for bicycle parking. (2) Screening shall be provided for buildings, storage areas and parking areas which abut noncommercial or nonindustrial districts. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation at least four (4) feet in widthr-- 6ueh- vegetatirnz and shall not obstruct necessary vision of pedestrian and vehicular traffic. (3) Fences and walls shall be kept in good repair, and dead or dying vegetation shall be replaced immediately. .653 Off- street parking and loading: (1) For interior lots, no vehicular parking or driveways shall be allowed between a store and public right- of-way unless an overall site plan with landscaping is approved by the Zoning Administrator; and for corner lots, no parking or driveway shall be allowed between a store and the right- of-way the store fronts, unless an overall site plan with landscaping is approved. CHAPTER 20.60 (2) A bicycle parking area at a rate of one space per one thousand (1,000) square feet of floor area or a minimum of one space, whichever is greater, shall be provided for each use. Each bicycle parking space shall consist of a rack or other structure designed for the lock -up of a bicycle. (3) If two of more businesses adjoin each other are otherwise designed and developed in a coordinated fashion as determined by the Zoning Administrator in order to utilize . shared parking facilities, then the total number of required parking spaces for all the uses involved shall be reduced by 30% or not less than five (5) spaces per retail establishment, whichever is greater. (4) Except as provided in this section, off- street parking and loading shall be administered pursuant to Section 20.80.700 of the Official Whatcom County Zoning Ordinance. .654 Sidewalks: Sidewalks shall be installed pursuant to the requirements of the County Engineer. .655 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section,20.80.630 of the Official Whatcom County Zoning Ordinance. .656 Driveways: Consistent with Section 20.80.640 of the Official.Whatcom County Zoning Ordinance, driveway plans shall be.reviewed by the County Engineer or State Department of Highways, as applicable. - (Amended per WCC 20.04.080(1)(h)) .657 Access: Access shall conform to the provisions of Section 20.80.660766 of the Official Whatcom County Zoning Ordinance. .658 Lighting: Lighting shall be designed to avoid excessive glare onto neighboring properties, and to create safety hazards or unreasonable interference with adjacent uses. .659 Binding Site Plan: Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. 20.60.700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within this District: .701 There shall be no' storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline"in service stations. CHAPTER 20.60 .702 There shall be no production of noise at any property line of any use in this District in excess of the average intensity of street and traffic noise found in the District. .703 There shall be no emission of dust, dirt, odors, smoke, or toxic gases and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. .705 There shall be no storage or merchandising outdoors. (District adopted per WCC 20.04.080(1)(a)) GENERAL COMMERCIAL (GC) DISTRICT 20.62.010 PURPOSE CHAPTER 20.62 The purpose of the General Commercial District is to provide land areas, commensurate with the anticipated demand, for the siting of commercial uses which serve the surrounding community with a broad range of retail goods and services. Since general commercial uses are such that they attract clientele from a relatively large trade area, the application of this district shall only be utilized where transportation access can be maximized and incompatible impacts to surrounding land uses minimized. 20.62.050 PERMITTED USES Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 Automobile, motorcycle, marine and farm implement sales, repair and service; provided that all repair services are conducted within an enclosed building. .052 Automobile service stations, car washes and public garages. .053 Mobile home and recreational vehicle sales. .054 Eating and drinking establishments. .055 Rental agencies. .056 Indoor commercial recreation facilities limited to bowling alleys, skating rinks, indoor theaters and physical fitness centers. .057 Passenger terminal facilities. .058 Service establishment including but not limited to barber and beauty shops, laundries, dry cleaners, furniture repair, frozen food lockers, funeral parlors, animal hospitals, auction houses, financial institutions, fraternal organizations and professional offices. .059 Retail establishments including but not limited sundries, variety, building supplies, clothing, sporting goods, appliance, music and pet stores. 060 Printing and publishing establishments. .061 Public facilities and utilities. .062 Rental storage establishments. 20.62.150 CONDITIONAL USES .151 Commercial wholesaling. to grocery, liquor, drug, florist, nurseries, optical, CHAPTER 20.62 .152 Churches. .153 Amusement parks, outdoor theaters and other outdoor commercial recreation. .154 Recreational vehicle parks for transient motor homes and tourist trailers. .155 Animal kennels. .156 Commercial truck service facilities including truck fueling, repair and storage operations, overnight accommodations and restaurants. .157 Golf course. (Adopted per WCC 20.04.080(1)(a)) 20.62.200 PROHIBITED USES All other uses. 20.62.250 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required to meet the Building Setback, Lot Coverage and Development Standards of this District. 20.62.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.62.400 HEIGHT LIMITATIONS Maximum building height shall not exceed thirty -five (35) feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h)) 20.62.450. LOT COVERAGE No more than thirty percent (30 %) of a parcel shall be occupied by buildings or structures. 20.62.500 OPEN SPACE At least ten percent (10 %) of the site shall be kept free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. 20.62.550 BUFFER AREA 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. 20.62.600 SIGN REGULATIONS Sign regulations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. CHAPTER 20.62 20.62.650 DEVELOPMENT STANDARDS 651 Landscaping: A landscape plan, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance, shall be submitted to the Zoning Administrator for approval. The plan shall conform to the following requirements: (1) Fifteen (15) feet within the front yard setback and situated adjacent to the road shall be used -only -for landscaptnged, except for driveways, walkways and signs. The remainder of the front yard setback may be used for parking. 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. (Amended per WCC 2O.O4.O8O(1)(n)) (2) Screening shall be provided for buildings, storage areas and parking areas which abut noncommercial or nonindustrial districts, or where said areas abut a use of substantially different character. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation at least four (4) feet in width.-- - Suck - vegetation ; and shall not obstruct necessary vision of pedestrian and vehicular traffic. (3) Fences and walls shall be kept in good repair, and dead or dying vegetation shall be replaced immediately. .652 Off- street parking and loading: Off- street parking and loading shall be administered pursuant to Section 20.80.700 of the Official Whatcom County Zoning Ordinance. .653 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of the Official Whatcom County Zoning Ordinance. 654 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways, as applicable. (Amended per WCC 20.O4.O8O(1)(h)) .655 Access: Access shall conform to the provisions of Section 20.80.660765 of the Official Whatcom County zoning Ordinance. .656 Lighting: Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. .657 Binding Site Plan: Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. CHAPTER 20.62 20.62.700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within this District: .701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations. .702 There shall be no production of noise at any property line of any use in this District in excess of the average intensity of street and traffic noise found in the District. .703 There shall be no emission of dust, dirt, odors, smoke, or toxic gases and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which.such heat, glare or vibration is being generated. TOURIST COMMERCIAL (TC) DISTRICT 20.63.010 PURPOSE CHAPTER 20.63 The purpose of the Tourist Commercial District is to supply sufficient areas arranged in a concentrated form that would allow land use activities which serve the traveling public. The District shall be located and implemented consistent with the goals, objectives and policies of the appropriate subarea comprehensive plan. The District should be located near major transportation corridors in such a fashion as to provide safe and convenient access that would not impact adjacent noncommercial activities. Further, the District should be in areas where adequate public services such as roads, sewer, water and drainage are available. The District should provide for uses which normally serve the traveling public and encourage a type of development which occurs in a well- designed pattern considering aesthetics and safety. 20.63.050 PERMITTED USES The following permitted and accessory uses shall be allowed subject to an evaluation by the Zoning Administrator pursuant to the provisions of this Chapter and Chapter 20.80. Further, each permitted and accessory use shall be administered pursuant to the applicable provisions of the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 Restaurants. .052. Retail shops no greater than 2,500 square feet in size per shop. .053 Tourist information centers. .054 Barber and beauty shops. .055 Post offices. .056 Professional offices no greater than 2,500 square feet in size per - structure shop. .057 Service stations and towing services when based at a service station. .058 Laundromats. .059 Banks and /or bank machines. .060 Churches. 20.63.100 ACCESSORY USES .101 All accessory uses normally incidental to the primary permitted use. 20.63.150 CONDITIONAL USES Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of this Chapter, Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Official Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. CHAPTER 20.63 .151 Hotels and motels. .152 Automobile repair garages. .153 Dry cleaners. .154 Recreational vehicle parks. .155 Public uses, which because of locational requirements, are necessary in the Tourist Commercial district; provided, the uses are consistent with Tourist Commercial policies, the purpose of the district and its attendant provisions. (Adopted per WCC 20.04.080(1)(j)) 20.63.200 PROHIBITED USES All other uses. 20.63.250 MINIMUM LOT SIZE .251 Hotels and motels shall have a minimum net parcel size of 20,000 square feet. .252 Recreational vehicle parks shall have a minimum net parcel size of two (2) acres. .253 Other uses shall have a minimum lot size consistent with the area required to meet the Building Setback, Lot Coverage and Development Standards of this District. 20.63.300 MAXIMUM DENSITY .301 Hotels and motels shall not exceed a floor area ratio (FAR) of .60. .302 Recreational vehicle parks shall not exceed a density of 15 units per acre. .303 All other uses shall not exceed a floor area ratio (FAR) of .70. 20.63.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.63.400 HEIGHT LIMITATIONS Maximum building height shall not exceed forty (40) feet. Height of structures shall also conform to, where applicable, the general requirements of WCC 20.80.675. 20.63.450 LOT COVERAGE maximum building or structural coverage shall not exceed fifty percent (50%) of the lot size. CHAPTER 20.63 20.63.500 OPEN SPACE .501 Recreational vehicle parks shall keep thirty -five percent (35 %) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. .502 All other uses shall keep ten percent (10 %) of the site free of buildings, structures, hard surfacing, parking areas and impervious surfaces. 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 20.63.652. 20.63.600 SIGN REGULATIONS Sign regulations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.63.650 DEVELOPMENT STANDARDS .651 Facility Design: . Individual developments within a Tourist Commercial zone district shall be designed to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof - mounted mechanical equipment so as not to be visible by surrounding uses or roads. .'652 Landscaping: A. landscape plan, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance, shall be submitted to the Zoning Administrator for approval. The plan shall conform as-follows to the following requirements: (1) For uses which abut or are within commercial or industrial districts, or abut a use which is not of a substantially different character, then the following specifications shall apply: (a) Fifteen (15) feet within the front yard setback and situated adjacent to the road shall be used-only-for landseapinged, except for driveways, walkways and signs. The remainder of the front yard setback maybe used for parking. (b) For recreational vehicle parks, screening shall be provided on the perimeter of all.side and rear yards. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation and shall not obstruct necessary vision of pedestrian and vehicular traffic. CHAPTER 20.63 (2) For uses which abut noncommercial or nonindustrial districts, or abut a use of a substantially different character, then the following specifications shall apply: (a) Screening shall be provided for buildings, storage areas and parking areas which abut noncommercial or nonindustrial districts, or where said areas abut a use of substantially different character. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation and shall not obstruct necessary vision of pedestrian and vehicular traffic. (b) For recreational vehicle parks, a visual buffer twenty (20) feet in width located along the perimeter of any yard abutting a noncommercial or nonindustrial district, or a use of substantially different character. The buffer shall consist of existing vegetation supplemented, where needed, with new planting of trees, shrubs and ground covers sufficient to obscure views through the buffer. (3) Fences and walls shall be kept in good repair, and dead or dying vegetation shall be replaced immediately. .653 Off- Street Parking and Loading: Off--street parking and loading shall be administered pursuant to Suction 20.80.700 of the Official Whatcom County Zoning Ordinance. .651 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of the Official Whatcom County Zoning Ordinance. .655 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer. or State Department. of Highways. .656 Access: Access shall conform to the provisions of Section 20.80.660765 of the Official Whatcom County Zoning Ordinance. .657 Lighting: Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent. uses. CHAPTER 20.63 .658 Binding Site Plan: Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements as applicable. 20.63.700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within this District: .701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations. .702 There shall be no production of noise at any property line of any use in this District in excess of the average intensity of street and traffic noise found in the District. .703 There shall be no emission of dust, dirt, odors, smoke, or toxic gases and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. (District adopted per WCC 20.04.080(1)(h)) RESORT COMMERCIAL (RC) DISTRICT 20.64.010 PURPOSE CHAPTER 20.64 The purpose of the Resort Commercial District is to provide land areas which through their natural and man -made attributes attract resort activities. The district shall be located and implemented consistent with the goals, objectives and policies of the appropriate subarea comprehensive plan. The District should he located in such areas where adequate public services such as roads, sewer, water and drainage are available, and be of such size that a viable resort can be established and maintained. The district should provide for uses normally found in resort areas and encourage the type of development which occurs in a cohesive fashion and which promotes open space and other amenities considered significant for viable resort areas. 20.64.050 PERMITTED USES The following permitted uses shall be allowed subject to-an evaluation by the Zoning Administrator pursuant to the provisions of this Chapter and Chapter 20.80. In addition, each permitted use shall be administered pursuant to the applicable provisions of the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 A One single - family unit per lot of record. .052 A One duplex per lot of record. .053 Convenience retail shops no greater than 2,500 square feet in area per shop. .054 Barber and beauty shops. ..055 Restaurants. .056 Laundromats. .057 Banks no greater than 2,500 square feet in area. .058 Real estate and professional offices. 20.64.100 ACCESSORY USES .101 Docks. .102 Resort Administrative offices. .103 All other accessory uses incidental to the primary permitted use. 20.64.150 CONDITIONAL USES Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Official Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. CHAPTER 20.64 151. Marina. .152 Multi - family residential including residential condominiums. 153 Hotels and motels. .154 Time share condominiums. .155 Rooming and boarding houses. .156 Mobile home parks. .157 Recreational vehicle parks. .158 Recreation rental units. 159 Taverns. .160 Commercial amusement establishments. .161 Service stations. 162 Automobile repair garages. .163 Golf courses. 20.64.200 PROHIBITED USES All other uses. 20.64.250 MINIMUM LOT SIZE .251 Single fiunily and duplex shall have a minimum net parcel size of 8,000 square feet Per family. .252 Multi--family housing including all condominiums except time share condominiums shall have a minimum net parcel size of 36,000 square feet. .253 Mobile home and recreational vehicle parks shall have a minimum net parcel' size of two (2) acres. .254 Nonresort- oriented hotels and motels shall have a minimum net parcel size of 20,000 square feet. .255 Resort- oriented hotels and motels including time share condominiums shall have a minimum net parcel size of five (5) acres. .256 Nonhahi.tation commercial uses shall have a minimum lot size consistent with the area required to meet the Building Setback, Lot Coverage and Development Standards of this District. 20.64.300 MAXIMUM DENSITY .301 Single family.and duplex shall not exceed a density of four (4) units per acre. CHAPTER 20.64 .302 Multi. - family housiirg including all condominiums except time share condominiums shall not exceed a density of twenty -two (22) units per acre. .303 Mobile home parks shall not exceed a density of seven (7) units per acre. .304 Recreational vehicle parks shall not exceed a density of fifteen (15) units per acre. .305 Nonresort - oriented hotels and motels shall not exceed a floor area ratio (FAR) of .60. .306 Resort - oriented hotels and motels including time share condominiums shall not exceed a floor area ratio (FAR) of .56. .307 Nonhabitation commercial uses shall not exceed a floor area ratio (FAR) of .70. 20.64.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.64.400 HEIGHT LIMITATIONS Maximum building height shall not exceed forty -five (45) feet. 20.64.450 LOT COVERAGE .451 Buildings or structures for single family and duplex uses shall not occupy more than thirty -five percent (35 %) of a parcel. .452 Buildings or structures for multi - family housing including all condominiums except time share condominiums shall not occupy more than thirty -five percent (35%) of a parcel. 20.64.500 OPEN SPACE .501 Multi -- family housing, resort - oriented hotels and motels, and condominiums including time share condominiums shall keep twenty percent (2051%) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. .502 Mobile home and recreational vehicle parks shall keep fifty percent (50%) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. .503 Nonresort.- oriented hotels and motels, and nonhabitation commercial uses shall keep fifteen percent (15 %) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. 20.64.550 BUFFER AREA Except for single - family residences, when'a parcel situated within this District adjoins an Urban Residential, Residential -Rural or Rural district, side and rear yard setbacks shall be incr.-eased to twenty -five (25) feet. CHAPTER 20.64 20.64.600 SIGN REGULATIONS Sign regi.i.lations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.61.650 DEVELOPMENT STANDARDS The requirements of WCC 20.64.651, 20.64.652, 20.64.653 and 20.64.654 do not apply to single - family or duplex residences. .651 Facili_ty Design: Individual developments within a Resort Commercial zone district shall be. designed to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof - mounted mechanical equipment so as not to be visible by surrounding uses or roads. .652 Landscaping: A landscape plan, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance, shall be submitted to the Zoning Administrator for approval. The plan shall conform to the following requirements: (1) Fifteen (15) feet within the front yard setback and situated adjacent to the road shall be landscaped except for driveways, walkways and signs. The remainder of the front yard setback may be used for bicycle parking. (2) Screening shall be provided for buildings, storage areas and parking areas which abut noncommercial or nonindustrial districts. If screening consists of a fence or wall, it shall not be less than six (6) feet nor more than seven (7) feet in height; and it shall be supplemented by a planting strip of vegetation at least four (4) feet in width. -- -Such- vegetation ; and shall not obstruct necessary vision of pedestrian and vehicular traffic. (3) Fences and walls shall be kept in good repair, and dead or dying vegetation shall be replaced immediately. .653 Off--Street Parking and Loading: (1) For interior lots, no vehicular parking or driveways shall be allowed between a store and public right -of -way; and for corner lots, no parking or driveway shall be allowed between a store and the right -of- way the store fronts. (2) A bicycle parking area at a rate of one space per one thousand (1,000) square feet of floor area or a minimum of one space, whichever is greater, shall be provided for each use. Each bicycle parking space shall consist of a rack or other structure designed for the lock -up of a bicycle. (3) If two or more developments adjoin each other or otherwise are designed and developed in a coordinated fashion as determined by the Zoning Administrator in order to utilize shared parking facilities, the total number of required parking spaces for all the uses involved shall be CHAPTER 20.64 reduced by 30% or no less than five (5) spaces per retail establishment, whichever is greater. �4) Except as provided in this section, off - street parking and loading shall be administered pursuant to Section 20.80.700 of the Official Whatcom County Zoning Ordinance. .654 Sidewalks: Sidewalks shall be installed pursuant to the requirements of the County Engineer. .655 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of the Official Whatcom County Zoning Ordinance. .656 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways, as applicable. (Amended per WCC 20.04.080(1)(h)) .657 Access: Access shall conform to the provisions of Section 20.80.660765 of the Official Whatcom County Zoning Ordinance. .658 Lighting: Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. .659 Binding Site Plan: Should the use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. 20.64.700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within this District: :701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations. .702 There shall be no production of noise at any property line of any use in this District in excess of the average intensity of street and traffic noise found in the District. .703 There shall be no emission of dust, dirt, odors, smoke or toxic gases and fumes. .704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. .705 There shall be no storage or merchandising outdoors. (District adopted per WCC 20.04.080(1)(a)) CHAPTER 20.66 LIGHT IMPACT INDUSTRIAL (LII) DISTRICT 20.66.010 PURPOSE The purpose of this District is to implement the Light Industrial Park designation of the Comprehensive Plan by providing for the planned development of large land areas, in appropriate locations, exclusively for industrial and subordinate uses which provide support services to the District. Light industrial uses are primarily related to services, and distribution, manufacture and assembly of finished products that have a relatively light impact on adjacent uses and districts. Furthermore, it is the purpose of this District to encourage the master planning of the entire industrial site in ensuring compatibility between industrial operations, as well as the existing and future character of adjacent areas. (Amended per WCC 20.04.080(1)(h)) 20.66.050 PERMITTED USES Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements), Chapter 20.84 .(Variances, Conditional Uses and Appeals) and Chapter 20.86 (Procedures for Light and Heavy Impact Industrial District Applications) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 Fabrication of office, computing and accounting machine. (Amended per WCC 20.04.080(1)(h)) .052 Manufacture of miscellaneous textile goods and fabrication of apparel including clothing, hats, caps, millinery fur products; and miscellaneous fabricated textile products. (Amended per WCC 20.04.080(1)(h)) .053 Fabrication of furniture and fixtures including household, office and public . building furniture; and partitions, shelving and lockers. .054 Fabrication of paper products including paperboard containers, boxes, carrion boxes and paper containers. .055 Printing and publishing newspapers, periodicals and books; commercial printing; book binding; and manufacture of manifold business forms and greeting cards. .056 Fabrication of leather products including belting; packing; cut stock and findings for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal leather goods and handbags. .057 Fabrication of glass products including glass products from prepared materials; stone cutting; and monuments. (Amended per WCC 20.04.080(1)(h)) .058 Processing and packaging of drug, pharmaceuticals, perfumes and cosmetics. (Amended per WCC 20.04.080(1)(h)) .059 Fabrication of electrical equipment including industrial apparatus and household appliances, radio and television sets; communications equipment; CHAPTER 20.66 electrical components and accessories; and electric lighting equipment and lamps. (Amended per WCC 20.04.080(1)(h)) .060 Fabrication of instruments, photographic goods, optical goods, watches and clocks, and including engineering, scientific,.surgical, medical, dental and ophthalmic products. .061 Manufacture and fabrication of jewelry, silverware, plated ware, musical instruments and parts, toys, sporting and athletic goods; pens, pencils and other office and artistic supplies; novelties, buttons and notions; and miscellaneous manufacture. .062 Rail, truck and freight terminals; warehousing and storage; parcel delivery service; freight forwarding; inspection weighing services; and packaging and crating. (Amended per WCC 20.04.080(1)(h),) .063 Boat building and repair. .064 Communications including telephone exchanges, and radio and television broadcasting stations and transmitting towers. .065 Business firm headquarters and professional offices. .066 Construction contractors' offices and yards. (Adopted per WCC 20.04.080(1)(h)) .067 Wholesale trade or storage of durable and nondurable goods including automobile parts and supplies; tires and tubes; furniture and home furnishings; lumber and other construction materials; sporting goods, toys and hobby. goods; metal service centers and offices; electrical goods; hardware, plumbing and heating equipment; machinery equipment and supplies; jewelry, watches and precious stones; other durable goods; paper and paper products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and related products; beer, wine and distilled beverages; waste bottles; waste boxes; rags; waste paper; wiping rags and miscellaneous nondurable goods provided, however, that trade, storage or processing of sulphur shall be prohibited. (Amended per WCC_20.04.080(1)(h)) .068 Building material yards, if screened by a fence and /or vegetation as determined by the Zoning Administrator; provided that screening shall not be required between two contiguous yards where the operator of each yard agrees that such screening is unnecessary; and provided further that the screening requirements of Section 20.66.550 of this District shall pertain to only those portions of the yard to which said Section is applicable. (Amended per WCC 20.04.080(1)(h)) .069 Eating establishments, convenience grocery stores, cafes and gas stations operating primarily for the convenience of employees, clients and customers of the District; providing the following criteria are met: (1) Maximum floor area is 3,000 square feet per use; (2) No more than two pump islands for each .gas station; CHAPTER 20.66 (3) Centrally located within the district to primarily serve the industrial uses of this District and not to primarily serve adjacent nonindustrial uses. (Adopted per WCC 20.04.080(1)(h)) .070 Manufacture, processing, treatment or fabrication of metal products and machinery; provided that smelters and remelting mills, and the manufacturing of turbines, oil machinery, mining machinery, industrial process ovens, paper, and textile or rolling mill machinery shall be prohibited. (Adopted per WCC 20.04.080(1)(h)) .071 Manufacture, processing, treatment and fabrication of lumber, millwork, mobile homes, travel trailers, campers, miscellaneous wood products and other buildings, roofing and construction materials; provided that all odor and noise producing processes shall be conducted within an enclosed structure equipped with such scrubbing, filtering equipment or noise reduction equipment as is .necessary to mitigate the odor and/or noise produced. (Adopted per WCC 20.04.080(1)(h)) .072 Fabrication of rubber products from finished rubber only and manufacture of miscellaneous plastic products from purchased resins only. (Adopted per WCC 20.04.080(1)(h)) .073 Manufacture of glass, glass products, pottery and related products, and cutting and shaping of stone products. (Adopted per WCC 20.04.080(1)(h)) .074 Bottling plants. (Adopted per WCC 20.04.080(1)(h)) .075 Churches. (Adopted per WCC 20.04.080(1)(dd)) .076 Public uses, including police and fire stations. 20.66.100 ACCESSORY USES -iAi Pubiie- uses,-- sneladtng- pol-iee -and- fire- stebioaa: .1021 Employee recreation facilities and play areas. .1032 Temporary buildings for construction purposes for a period not to exceed the duration of such construction. .1043 Testing and experimentation in connection with a principally permitted use. .1054 Other accessory uses and buildings, including security and caretaker residences, customarily appurtenant to a principally permitted use. (Amended per WCC 20.04.080(1)(h)) .1065 Retail sales of merchandise manufactured, assembled or stored on the site and consistent with the definition of Accessory Uses as defined in Chapter 20.97 (Definitions). (Adopted per WCC.20.04.080(1)(h)) CHAPTER 20.66 20.66.150 CONDITIONAL USES .151.Manufacture of hydraulic cement; concrete gypsum and plaster products; and abrasive asbestos and miscellaneous nonmetallic mineral products. (Adopted per WCC 20.04.080(1)(h)) .152 Manufacture of sands. (Adopted per WCC 20.04.080(1)(h)) .153 Collection, transfer, repacking, cutting, grading and similar nonprocessing activities for animal, dairy, fruit, vegetable, seafood, bakery and beverage products. (Adopted per WCC 20.04.080(1)(h)) 20.66.200 PROHIBITED USES All other uses. 20.66.250 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required. to meet the Building Setback, Lot Coverage, Buffer, Open Space and Development Standards of this District. 20.66.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.66.400 HEIGHT LIMITATIONS No maximum height is established; however, when building height exceeds thirty - five (35) feet, the setback requirements of WCC 20.80.200 shall be increased by one (1) foot for each foot of building height in excess of thirty -five (35) feet, as applicable to all setbacks. Height of structures shall also conform to, where applicable, the general requirements of Section 20.80.675. (Amended per WCC 20.04.080(1)(h)) 20.66.450 LOT COVERAGE The maximum building coverage shall not exceed sixty percent (60 %) of the lot size. 20.66.500 OPEN SPACE At least thirty -five percent (35 %) of any parcel situated within a designated light industrial park shall be utilized for open space (an area devoid of structures, accessory facilities and impervious surfaces). At least fifteen percent (15 %) of any individual parcel planned- far-en with a single industrial use which is situated outside of an industrial park shall be utilized for open space. (Amended per WCC 20.04.080(1)(h)) 20.66.550 BUFFER AREA .551 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 CHAPTER 20.66 provisions of said plan shall supersede this chapter where there is inconsistency in minimum building setback and landscape requirements. (Amended per WCC 20.04.080(1)(0)) 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 proposed for improvements to primary arterial status. In such case a buffer.and planting strip of not less than fifty (50) feet shall be installed along the common property line or right -of -way edge in accordance with the following requirements: (1) Said screen shall be designed and installed in accordance with a plan approved by the Zoning Administrator pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance. (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. (3) Implementation of said landscape screen shall commence prior to building occupancy, shall be maintained for a period of five (5) years thereafter, and shall be guaranteed by a performance bond or similar means of ensuring implementation and maintenances, as approved by the Zoning Administrator, for an amount of one hundred fifty percent (150 %) of the estimated screen cost. (4) Said screen shall be planted according to good practices, in good soil, irrigated as necessary and maintained in good condition at all times. (5) Said planting screen shall be maintained continuously by the owner or lessee of the property or by a shared landscape maintenance service for industrial park users, if applicable. (Amended per WCC 20.04.080(1)(h)) .553 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 20.80.500 of the Official Whatcom County Zoning Ordinance. CHAPTER 20.66 20.66.650 DEVELOPMENT STANDARDS .651 Landscaping: Pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordinance, a twenty -five (25) foot width, located adjacent to the front yard property line, shall be landscaped. The remainder of the front. yard setback requirement may be used for off - street parking or the Open Space requirement of this .District. In addition, landscaping shall be placed within all open areas not otherwise used, and screening shall be provided around the perimeter of all outdoor storage yards, provided that such screening should not be required between adjacent storage yards where the owners agree it is necessary. (Amended per WCC 20.04.080(1)(h)) Lands generally located on the Guide Meridian between Horton and Kellogg roads, and specifically located 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. (Amended per WCC 20.04.080(1)(m)) .652 Off - Street Parking and Loading: Off- street parking and loading provisions shall be administered pursuant to Section 20.80.100 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. .653 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of. the Official Whatcom County Zoning Ordinance. .654 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways. (Amended per WCC 20.04.080(1)(h)) .655 Access: Access shall conform to the provisions of Section 20.80.660 of the Official Whatcom County Zoning Ordinance. .656 Maintenance: The owner, lessee or user shall be responsible for maintaining an orderly appearance of all properties and shall. be responsible for assuring the care and maintenance of any natural growth where appropriate. All required yards, parking areas, storage areas, operation yards and other open uses on the site which are adjacent to a public right - of-way shall be maintained in a neat and orderly manner appropriate for the district at all times. .657 Enclosure: All manufacturing or fabrication processes which produce physical off -site impacts of a detrimental nature shall be sufficiently enclosed to mitigate the impact. (Amended per WCC 20.04.080(l.)(h)) 20.66.700 PERFORMANCE STANDARDS .701 Pollution Control and Nuisance Abatement: Each industry is required to continuously employ the best pollution control and nuisance abatement technology when reasonable and practicably available for each particular industry; provided that where federal, state, or regional laws or regulations provide for the level of technology to be employed, the appropriate standards shall apply. CHAPTER 20.66 .702 Heat, Light and Glare: All operations and facilities producing heat, light or glare, including exterior lighting, shall be so constructed, screened or used as to not unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the District. .703 Ground Vibration: No ground vibration other than that caused by highway vehicles, trains or construction activity shall be permitted which is discernible, without instruments, at or beyond the property line for the use concerned. 714 Odors: No odors shall be emitted that are detectable, at or beyond the property line for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the District. 20766:750 PR00EDURE Project - applications-- pertainir►g -to— this - Distract- sha��- be- admrni:atereri- persee�t�t to- 8hapter- z�0.-86 -of- the- �fficiai- Wkateom- 8oaaty- �oaing- �rdi- ne�rice -- B GENERAL MANUFACTURING (GM) DISTRICT 20.67.010 PURPOSE CHAPTER 20.67 The purpose. of this district is to implement the General Manufacturing designation of the Comprehensive Plan by providing sufficient, fully serviced urban areas commensurate with demand for industrial activities which by their nature are less intensive uses than those of heavy industry but of greater intensity than uses associated with a light industrial park setting. General manufacturing.uses are primarily related to fabrication, manufacture, storage and distribution of products which have minimal off -site impacts on adjacent nonindustrial zone districts. It is a further purpose of this District to encourage proper design of developments in order to minimize use conflicts within and beyond the District's boundaries as enabled through the District's performance and development standards, as well as buffer and setback requirements. 20.67.050 PERMITTED USES Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements), Chapter 20.84 (Variances, Conditional Uses and Appeals) and Chapter 20.86 (Procedures for General Manufacturing and Light and Heavy Impact Industrial District Applications) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .051 The manufacture and processing of food including meat, dairy, fruit, vegetable, seafood, bakery and beverage products. .052 Fabrication of apparel including clothing, hats, caps, millinery, fur products; and miscellaneous fabricated textile products. .053 Fabrication of furniture and fixtures including household, office and public building furniture; and partitions, shelving and lockers. .054 Fabrication of paper products including paperboard containers, boxes, carrion boxes and paper containers. .055 Printing and publishing newspapers, periodicals and books; commercial printing; book binding; and manufacture of manifold business forms and greeting cards. .056 Fabrication of leather products including belting; packing; cut stock and findings for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal leather goods and handbags. .057 Fabrication of stone, clay and glass products including glassware; glass products from prepared materials; pottery and related products; stone cutting; monuments; and manufacture of fiberglass products. .058 The manufacture of transportation equipment including boat building; and bicycle and motorcycles, and related parts. .059 Processing and packaging of drugs, pharmaceuticals, perfumes and cosmetics. CHAPTER 20.67 .060 Fabrication of electrical equipment including radio and television sets; communications equipment; electronic components and accessories; and electric lighting equipment and lamps. .061 Fabrication of instruments, photographic .goods, optical goods, watches and clocks, and including engineering, scientific, surgical, medical, dental and ophthalmic products. .062 Manufacture and fabrication of jewelry, silverware, plated ware, musical instruments and parts, toys, sporting and athletic goods; pens, pencils and other office and artistic supplies; novelties, buttons and notions; and miscellaneous manufacture. .063 Rail, truck and freight terminals, warehousing and storage; parcel delivery service, freight forwarding; inspection and weighing service; and packing and crating. .064 Manufacture of office, computing and accounting machines. 065 Retail automobile wrecking yards where determined by the Zoning Administrator to be adequately screened from adjacent properties and streets. 066 Construction contractors including general building, heavy construction and special trade. 067 Wholesale trade of durable and nondurable goods including automotive parts and supplies; tire and tubes; furniture and home furnishings; lumber and. other construction .materials; sporting goods, toys and hobby goods; metal service centers and offices; electrical goods; hardware, plumbing and heating equipment; machinery, equipment and supplies; jewelry, watches and precious stones; other durable goods; paper and paper products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and related products; beer, wine and distilled beverages; and miscellaneous nondurable goods; automotive wrecking scraps; bag reclaiming; waste bottles; waste boxes; fur cuttings and scraps; iron and steel scrap; general line of junk .scrap; nonferrous metals scrap; rags; and waste paper. .068 Retail sales of lumber and other building materials. .069 The fabrication of metal products including metal cans, hardware, hand tools, cutlery, heating apparatus, plumbing fixtures, structural metals, screws and bolts, and stamping. .070 The manufacture of machinery including engines; turbines, farm machinery and equipment; construction, mining and materials handling equipment; machine tools and dies; and special and general industrial equipment. .071 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus. .072 Manufacture of millwork and structural wood members; wood containers; wood buildings and mobile homes; resawed cants and lumbers; dressed ceiling lumber; lath; snow fence lath; cut stock; dressed lumber flooring and CHAPTER 20.67 dressed lumber siding; and sawmill activities including sawmills; and independent planning mills. .073 Public uses, including police and fire stations. 20.67.100 ACCESSORY USES -404 Public- uses, -- including- police -and- fire- st-ai-rens- .1021 Employee recreation facilities and play areas. .1032 Restaurants, cafes or cafeterias operated primarily for the convenience of employees, clients and customers of the District. .1043 Temporary buildings for construction purposes for a period not to exceed the duration of such construction. .1064 Testing and experimentation in connection with a principally permitted use. 1065 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use. 20.67.200 PROHIBITED USES All other uses. 20.67.250 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required to meet the Building Setback, Lot Coverage, Buffer, Open Space and Development Standards of this District. 20.67.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.67.400 HEIGHT LIMITATIONS No maximum height is established; however, when building height exceeds thirty - five (35) feet, the setback requirements of WCC 20.80.200 shall be increased by one (1) foot for each foot of building height in excess of thirty -five (35) feet, as applicable to all setbacks. Height of structures shall also conform to, where applicable, the general requirements of Section 20.80.675. 20.67.450 LOT COVERAGE The maximum building coverage shall not exceed sixty percent (60 %) of the lot size. 20.67.500 OPEN SPACE At least fifteen percent.(15%) of any parcel shall be utilized for open space (an area devoid of structures, accessory facilities and impervious surfaces). CHAPTER 20.67 20.67.550 BUFFER AREA .551 This section is applicable to building sites located adjacent to one or more of the following: another district (except Agriculture, Forestry, and Light and Heavy Impact Industrial); or county or state roads proposed for improvements to principal arterial status. In such case, a buffer of fifty (50) feet shall be installed along the common property line or right -of -way edge with a planting strip of not less than twenty -five (25) feet within the buffer area in accordance with the following requirements: (1) Said screen shall be designed and installed in accordance with a plan approved by the Zoning Administrator pursuant to Section 20.80.610. (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 of non- native species which have a demonstrated suitability for Whatcom County. (3) Implementation of said landscape screen shall commence prior to building occupancy, shall be maintained for a period of five (5) years thereafter, and shall be guaranteed by a performance bond or similar means of insuring implementation and maintenances, as approved by the Zoning Administrator, for an amount of one hundred fifty percent (150 %) of the estimated screen cost. (4) Said screen shall be planted according to good practice, in good soil, irrigated as necessary and maintained in good condition at all times. (5) Said planting screen shall be maintained continuously by the owner or lessee of the property or by a shared landscape maintenance service for industrial park users, if applicable. (6) Security roads; vehicular and railroad ingress /egress may locate with buffer and pass through the planning area and facilities. .552 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. 20.67.600 SIGN REGULATIONS Sign regulations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.67.650 DEVELOPMENT STANDARDS .651 Landscaping: Pursuant to Section 20.60.610 of the Official Whatcom County Zoning Ordinance, a twenty -five (25) foot width, located adjacent to the front yard CHAPTER 20.67 property line, shall be landscaped. The remainder of the front yard setback requirement may be used for off - street parking or the Open Space requirement of this District. In addition, screening shall be provided around the perimeter of all outdoor storage yards. The purpose of said screen is to protect adjacent uses from unsightliness or visual distraction, and shall either be in the form of landscaping or fencing. .652 Off- Street Parking and Loading: Off- street parking and loading provisions shall be administered pursuant to Section 20.80.700 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. .653 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of the Official Whatcom County Zoning Ordinance. .654 Driveways: Pursuant. to Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways, as applicable. .655 Access: Access shall conform to the provisions of Section 20.80.660 of the Official Whatcom County Zoning Ordinance. .656 Maintenance: The owner, lessee or user shall be responsible for maintaining an orderly appearance of all properties, and shall be responsible for assuring the care and maintenance of any natural growth where appropriate. All required yards, parking areas, storage areas, operation yards and other open uses on the site which are adjacent to a public right - of-way shall be maintained in a neat and orderly manner appropriate for the district at all times. .657 Enclosure: All manufacturing or fabrication processes which produce physical off -site impacts of a detrimental nature shall be sufficiently enclosed to mitigate the impact. 20.67.700 PERFORMANCE STANDARDS .701 Pollution Control and Nuisance Abatement: Each industry is required to continuously employ the best pollution control and nuisance abatement technology when reasonable and practicably available for each particular industry; provided that where federal, state, or WrIV4-Mz kIX-^M regional laws or regulations provide for the level of technology to be employed, the appropriate standards shall apply. .702 Heat, Light and Glare: All operations and facilities producing heat, light or glare, including exterior lighting, shall be so constructed, screened or used as to not unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the District. .703 Ground Vibrations: No ground vibration other than that caused by highway vehicles, trains or construction activity shall be permitted which is discernible, without instruments, at or beyond the property line for the use concerned. 29 76750 PRA6H$HRE Pro�tct- appliea�iena-- pertatniag- te-- fkta-$ ta�rtet- �sba�- be- adminiafered- paraaaa� te- 6i�aptcr- 2A- 86- ef- tire- Afftetaf- Whateom- 8eatitp- �entng- 9rdtnaaee- - -- (District adopted per WCC 20.04.080(1)(h)) HEAVY IMPACT INDUSTRIAL (HII) DISTRIC 20.68.010 PURPOSE CHAPTER 20.68 The purpose of the Heavy Impact Industrial District is to implement the Heavy Impact Industrial land use designation of the Comprehensive Plan by supplying a reasonable amount of land, commensurate with demand, for the location and grouping of heavy impact industrial uses. Heavy industrial uses are primarily related to producing, distributing and changing the form of raw materials; whereby, product demand and industrial employment are predominately basic, that is, serving nonlocal markets. In addition, the purpose of this District is to encourage the siting of industrial uses which will optimize the limited resource of land available for heavy impact industry. A further purpose of this District is to minimize the scope of impacts generated within the HII District and to provide protection for nonindustrial districts situated outside thereof; as enabled through the District's performance and development standards, and the buffer and setback requirements. 20.68.050 PERMITTED USES Unless otherwise provided herein, permitted and accessory uses shall be ;:administered pursuant to the applicable provisions of Chapter 20.80 (Supplementary Requirements), Chapter 20.84 (Variances, Conditional Uses and Appeals) and Chapter 20.86 (Procedures for Light and Heavy Impact Industrial District Applications) of the Official Whatcom County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. The purpose of the SIC numbers listed within this Chapter is to adopt by reference other activities similar in nature to the use identified herein. (Policies of the subarea comprehensive plan may preclude certain permitted uses to occur in particular subareas. Please refer to the policies of the applicable .subarea plan to determine the appropriateness of a land use activity listed below.) (Amended per WCC 20.04.080(1)(h)) .051 The manufacture and processing of food including meat, dairy, fruits, vegetables, seafood, grain mill, large scale bakery, sugar and beverage products. .052 Manufacturing and processing of textiles including weaving cotton, synthetic, silk or wool fabrics; knitting yarn and thread mills; textile bleaching, dyeing and printing; and carpet manufacture. .05.3 The manufacture and processing of. lumber and wood including sawmills; planing mills; millwork; veneer, plywood and prefabricated wood products; wooden containers and cooperage. .054 The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill products. .055 The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals; synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac, lacquer and allied products; chemicals from gum and wood; and agricultural chemicals. CHAPTER 20.68 .056 Refining and storage of petroleum and asphalt. .057 The manufacture and processing of rubber and plastic products. .058 Leather tanning and finishing. .059 The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic mineral products. .060 Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting, refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture of miscellaneous metal products. .061 The fabrication of metal products including metal cans, hardware, hand tools, cutlery, heating apparatus, plumbing fixtures, structural metal and stamping. .062 The manufacture of machinery including engines; turbines; farm machinery and equipment; construction, mining and materials handling equipment; machine tools and dies; and special and general industrial equipment. .063 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus. .064 The manufacture of transportation equipment including automobiles, trucks, buses, airplanes, boat building and repair, railroad equipment, bicycles and motorcycles. .065 Bull( commodity storage facilities, and truck, rail, vessel and pipeline transshipment terminals and facilities. .066 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power plants with generating capacity of less than 50.,000 kilowatts, and other power plants utilizing renewable resources from solar, wind or water sources. .067 Heavy construction contractors. (Adopted per WCC 20.04.080(l)(h)) .068 Other uses similar in effect on surrounding land uses and the environment which the Hearing Examiner finds, after a public hearing, to be consistent with the uses described above, to be consistent with the purpose and intent of the Heavy Impact Industrial District, and to have the potential to be in compliance with the Performance Standards of this District (WCC 20.68.700). .069 Public uses, including police and fire stations, and recreation facilities. 20.68.100 ACCESSORY USES 401 Pzttj3 ie- ases,-- ine�ne�ing- pe�ice -ane�- fire- at`at`rona -- and-- reereat` ion- faei�rt`res- .1.021 Employee recreation facilities and play areas. .1.03_2 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the District. GL'"-3l1t OMMI .1052 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the District. .1043 Temporary buildings for construction purposes for a period not to exceed the duration of such construction. .1054 When auxiliary to a principally permitted use: electric utility facilities; substations; generating plants, if less than 50 megawatt (MW) net plant capability; gas works; sewage disposal facilities; refuse -dumps solid waste landfills and incinerators. .1065 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use. 20.68.200 PROHIBITED USES All other uses. 20.68.250 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required to meet the Building Setback, Lot Coverage, Buffer, Open Space and Development Standards of this District. 20.68.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to Section 20.80.200 of the Official Whatcom County Zoning Ordinance. 20.68.400 HEIGHT LIMITATIONS No maximum height is established; however, when a building exceeds fifty (50) feet, the setback requirements of WCC 20.80.200 shall be increased by one (1) foot for each foot of building height in excess of fifty (50) feet, as applicable to all setbacks. 20.68.450 LOT COVERAGE The maximum building or structural coverage shall not exceed sixty percent (60 %) of the lot size. 20.68.500 OPEN SPACE At least fifteen percent (15 %) of any parcel shall be utilized for open space (an area devoid of structures, accessory facilities and impervious surfaces). 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 within the designated fiII district. 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 CHAPTER 20.68 towards attaining compatibility with surrounding nonindustrial land uses and character. .552 To implement the buffer requirements of this District, minimum setbacks for 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. (3) If a planting screen is established, pursuant to Section .553, 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 planing screen is established. (4) Buffer width in certain areas of the area zoned Heavy Impact Industrial shall be established consistent with Heavy Impact Industrial Policy 1.05, Paragraph 2, of the Cherry Point - Ferndale Subarea Comprehensive Plan. .553 A planting screen of not less than fifty (50) feet shall conform with the following requirements: (1) The planting screen shall be designed, consistent with the purpose of the buffer, by a licensed landscape architect. (2) The planting screen shall provide year -round site screening and shall be encouraged to incorporate vegetative species which have a demonstrated suitability and will serve the area of concern. In addition, the screen may be required to incorporate noise - reducing features. (3) Implementation of the planting screen shall commence prior to building occupancy, shall be maintained for a period of five (5) years thereafter, and shall be guaranteed by a performance bond or similar means of ensuring implementation and maintenance, as approved by the Zoning Administrator, for an amount of one hundred fifty percent (150 %) of the estimated screen cost. (4) The planting screen shall be planted according to. good practice, in good soil, irrigated as necessary, and maintained continuously by the owner or lessee of the property. CHAPTER 20.68 .554 The planting screen requirements may be waived by the hearing- Examiner Zoning Officer; provided that the physical features of the site comply with the purpose of the buffer. In such case the industrial user shall prove compliance and the setback(s) shall be no less than two hundred fifty (250) feet. .555 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 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.68.650 DEVELOPMENT STANDARDS .651 Off- Street Parking and Loading: Off - street parking and loading provisions shall be administered pursuant to Section 20.80.700 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. .652 Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 20.80.630 of the Official Whatcom County Zoning Ordinance. .653 Driveway: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways, as applicable. (Amended per WCC 20.04.080(1)(h)) .654 Access: Access shall conform to the provisions of Section 20.80.660 of the Official Whatcom County Zoning Ordinance. .655 Maintenance: The owner, lessee or user shall be responsible for maintaining an orderly appearance of all properties, and shall be responsible for assuring the care and maintenance of any natural growth, where appropriate. 20.68.700 PERFORMANCE STANDARDS .701 Pollution _Control and Nuisance Abatement: Each industry is required to continuously employ the best pollution control and nuisance abatement technology when reasonably and practicably available for each particular industry; provided that where federal, state, or regional laws or regulations provide for the level of technology to be employed, the appropriate standards shall apply. .702 Heat, Light and Glare: All operations and facilities producing heat, light or glare, including exterior lights, shall be so constructed, screened or used as to not unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the District. .703 Ground Vibration: No ground vibration other than that caused by highway vehicles, trains or construction activity shall be permitted, which is CHAPTER 20.68 discernible without instruments, at or.beyond the property line for the use concerned. .704 Odors: No odors shall be emitted that are detectable, at or beyond the property line for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the District. 20 768 7760 PROCEDURE Project - applications- pertaining -to- this- Distrret -- shall -be -- administered - pursuant to Ohapter 20.-86 of the Official- Whateom Oounty- Zoning 0. fnaaee.- - CHAPTER 20.80 SUPPLEMENTARY REQUIREMENTS 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)) (Amended per WCC 20.04.080(1)(a),(h),(1) and (u)) * 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 and 20.80.280, 20.80.400 and 20.80.700. 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. Intst. General Appl. to or Coll. or All Street Prin. Minor or Minor Local Minor** Add.Prov. Classifi- Prim. - &ee- Major Neigh.- Access Access SIDE REAR may be ZONE cations Art. Art. Coll. Coll. Street Street YARD YARD applicable UR 45' 45' 35' 25' 25' 20' 51* 51* YES+ URM 45' 45" 35' 25' 25' 20' 51* 51* YES+ RR 45' 45' 35' 25' 25' 20' 51* 51* YES+ RR -I 25' 25' 25' 51* 51* YES+ R 45' 45' 35' 25' 25' 20' 51* 51* YES+ AG 50' 20' 20' YES+ F 45' 45' 35' 25' 25' 20' 100' 100' YES+ ROS 100' 100' 100' 60' 50' 50' YES+ NC 25' of 10' YES+ GC 45' 0' 10' YES+ TC 45' of 59* YES+ RC 45' 45' 35' 25' 25' 20' 51* 51* YES+ LII 45 10' 0' YES+ GM 45' 10' 10' YES +o HII 150' 100' 100' 100' 100' 100' 60' 60' YES+ (Amended per WCC 20.04.080(1)(a),(h),(1) and (u)) * 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 and 20.80.280, 20.80.400 and 20.80.700. 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. CHAPTER 20.80 20.80.220 PRANIF -YARDS MEASUREMENT OF SETBACKS Front- yard -- setbacks - shall - -be- measured- from - the - edge -of- the - existing- road- right- of- gray;- provided- that - the - Zoning- Admittiatrator- ahaii- aaeertain- -►�rhetherror- not -the setback - should - -be- adjusted-- to- refieet�-- i } -a-- change -in- street- eiass�rfieatron; 2 }- the - potential- for - change- as- a- resnit -of- adopted -ien+s, ---or- street, -- neighborhood or- comprehensive -pl ens -- or-3 }- scheduled - road - iden4ng- .221 Front yard setbacks shall be measured from the edge of the existing road right -of -way except as provided in 20.80.230, provided that where the exact location of the right- of-way is not known, it shall be assumed that the improved traveling surface is in the center of the right -of -way. If the to feet. .222 For the purpose of this' Section, the Whatcom County Planning Department shall establish a Right -of -Way Reference Document for road rights- of-way of county, state, and federal roads and highways scheduled for widening or which have a potential for being widened at some time in the future. .223 For purposes of this Section, front yard setback standards shall apply to the waterfront side of the lot,' and the rear yard setbacks shall apply to the street side of the lot for lots within the jurisdiction of the Shoreline Management Program; provided this requirement may be reduced by the Zoning Officer on presentation by a licensed architect of a design review showing the relation of the proposed building to its surroundings and demonstrating that the decrease will not adversely affect surrounding property. A minimum setback on the street side of Parcels abuttinst arterial roadways shall be twenty (20) feet. 20.80.230 CORNER LOTS Corner lots or parcels bounding two or more streets shall observe the minimum front yard setbacks on all street sides consistent with the applicable street classification. 20.80.240 ACCESSORY STRUCTURE SETBACKS' Accessory structures shall observe the minimum front, side and rear yard setbacks of WCC 20.80.210. 20.80.250 SETBACKS INCREASED DUE TO BUILDING HEIGHT .-251 General- Oommercial- District. --Side -and -rear - yard - setbacks- shall -be- increased by- one - -Fl }- foot for- each- footrof- bui�diag- height -w feh- exceeds- thirty -five f35 } -feet- .252 Light Impact Industrial District: All setbacks shall be increased by one (1) foot for each foot of building height which exceeds thirty -five (35) feet. .253 General Manufacturing District: All setbacks shall be increased by one (1) foot for each foot of building height which exceeds thirty -five (35) feet. (Adopted per WCC 20.04.080(1)(h)) CHAPTER 20.80 .254 Heavy Impact Industrial District: All setbacks shall be increased by one (1) foot for each foot of building height, excluding tanks and similar structures, which exceeds fifty (50) feet. 20.80.260 CERTAIN STRUCTURES EXEMPT FROM SETBACK REQUIREMENTS .261 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 like. For nonindustrial buildings, the provisions of Section 20.80.286(3) shall apply; provided that no traffic hazards are created. .262 General Manufacturing 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 like. For nonindustrial buildings, the provisions of Section 20.80.286(3) shall apply; provided that no traffic hazards are created. (Adopted per WCC 20.04.080(1)(h)) .263 Heavy 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 like, nor to structures relating to shipment on railroad rights -of -way; provided that no traffic hazards are created. Smelt ructm ain - t-- least - fifth► - {W feet - from -a" p 14e--ot tailtood right of -way. For nonindustrial buildings, the provisions of Section 20.80.286(3) shall apply. 20.80.270 SETBACKS INCREASED FOR PARCELS rADJOINING ANOTHER DISTRICT: .271 Residential Districts: (1) Urban Residential District: Setbacks shall be increased to one hundred (100) feet for those parcels situated adjacent to Forestry zone district, except that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1, 1987, and whose owners have filed an agreement with the county auditor as specified in Section 20.20.651 shall be subject to the standard setback in Section 20.80.210. (2) Rural Residential District: Setbacks shall be increased to one hundred (100) feet for those parcels situated adjacent to Forestry zone district, except that such parcels whose owners have filed-an agreement with the county auditor as specified in Section 20.20.651 shall be subject to the standard setback in Section 20.80.210. (Adopted per WCC 20.04.080(1)(a)) .272 Rural District: (1) Setbacks shall be increased to one hundred (100) feet for those parcels situated adjacent to Forestry zone district, except that such parcels whose owners have filed an agreement with the county auditor as specified in Section 20.20.651 shall be subject to the standard setback in Section 20.80.210. (Adopted per WCC 20.04.080(1)(a)) .273 Forestry District: CHAPTER 20.80 (1) Setbacks -for Forest industry buildings, stationary equipment of storage area excluding scaling stations and watchman's stations shall not be located within one hundred (100.) feet of any other zone district. (Adopted per WCC 20.04.080(1)(a)) .274 Commercial Districts: (1) Neighborhood Commercial District: Side and rear yard setbacks shall be increased to twenty -five (25) feet for those parcels situated adjacent to Urban Residential, Residential Rural and Rural zone districts: (Adopted per WCC 20.04.080(1)(a)) (2) General Commercial District: Side and rear yard setbacks shall be increased to twenty -five (25) feet for those parcels situated adjacent to Urban Residential, Rural Cluster Development and Rural zone districts. (3) Tourist Commercial District: Side and rear yard setbacks shall be increased to twenty -five (25) feet for those parcels situated adjacent to Urban Residential, Urban Residential Medium Density, Residential Rural and Rural zone districts. (Adopted per WCC 20.04.080(1)(h)) (4) Resort Commercial District: Side and rear yard setbacks shall be increased to twenty -five (25) feet for those parcels situated adjacent to.Urban Residential, Residential Rural and Rural zone districts. (Adopted per WCC 20.04.080(1)(a)) .275 Industrial Districts: (1) Light Impact Industrial District: Setbacks for parcels adjoining a nonindustrial districts) shall be administered pursuant to WCC 20.66.550 (Buffer Area). (2) General Manufacturing District: Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to WCC 20.67.550 (Buffer Area). (Adopted per WCC 20.04.080(1)(h)) (3) Heavy Impact Industrial District: nonindustrial district(s) shall WCC 20.68.550 (Buffer Area) and Industrial designation of the Cherry 20.80.280 MISCELLANEOUS SETBACK PROVISIONS .281 Residential Districts: Setbacks for parcels adjoining a be administered pursuant to Policy 1.05 of the Heavy Impact Point - Ferndale Subarea Plan. (1) Urban Residential Medium Density District: (a) Setback requirements for mobile home parks shall be twenty (20) feet from the perimeter of the park for side and rear yards. (Adopted per WCC 20.04.080(1)(h)) .282 Agriculture District: CHAPTER 20.80 (1) The fifty (50) foot front yard setback requirement for new buildings or �. additions may be waived if the Zoning Administrator finds: the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment; the public interest, safety and health are protected. Provided, that for a new building the applicant shall also. demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use.. (Amended per WCC 20.04.080(1)(y)) (2) The`separation between residences and certain uses not located on the same property shall be 150 feet. Certain uses include barns, pens, milking sheds, or areas used to contain, house or feed animals. Pastures are excluded from this section's requirements. Buildings used for housing of farm animals shall not be constructed within 300 feet of any existing residence.not located on the same property. (3) Parcels of less than five (5) nominal acres shall have following minimum setbacks: Front Yards: Primary arterials and secondary arterials: forty -five (45) feet. Collector arterials: thirty -five (35) feet. Neighborhood collectors, local access streets: twenty -five (25) feet. Minor access streets: twenty (20) feet. Side Yards: Minimum side yard setbacks shall be five (5) feet. Rear Yards: Minimum rear yard setbacks shall be five (5) feet. (Amended per WCC 20.04.080(1)(bb)) .283 Forestry District: (1) Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard - fifty (50) feet, side yard - twenty -five (25) feet, rear yard - twenty -five (25) feet. (2) Where a parcel, created pursuant to the clustering provision (WCC 20.42.300) or the Planned Unit Development provision (WCC 20.86) or when a residence is conditionally permitted (WCC 20.42.156), adjoins an existing parcel of twenty (20) acres or more in size that is being cultivated for the production of food or fiber, a minimum building setback of one hundred (100) feet shall be established from the common property line. (3) Unless the provisions of WCC 20.80.283(2) above are applicable, a minimum five (5) foot side yard and a minimum five (5) foot rear yard setback shall be observed for parcels created pursuant to the clustering provision (WCC 20.42.300), the planned unit development provision (WCC 20.85) or conditional use review (WCC 20.42.156). (Amended per WCC 20.04.080(1)(bb)) .284 Recreation and Open Space District: (1) Parcels utilized solely for community centers shall observe the CHAPTER 20.80 following minimum setback requirements: front yard, fifty (50) feet; side yard, twenty -five (25) feet; rear yard, twenty -five (26) feet. (2) Shoreline setbacks shall be administered consistent with the Shoreline Management Program of Whatcom County; provided that a twenty -five (25) foot setback is maintained from the ordinary high water mark of all water bodies and a fifty (50) foot setback is maintained from the ordinary high water mark of fish spawn streams. .285 Commercial Districts: (1) Tourist Commercial District: (a) Setback requirements for recreational vehicle parks shall be ten thirty fl* 30 feet.for side and rear yards. (b) Front yard setback requirements for service islands-of service stations shall be twenty -five (25) feet to the center line of the driveway of the closest service island. (Adopted per WCC 20.04.080(1)(h)) (2) Resort Commercial District: (a) Setback requirements for multi - family housing, including all condominiums except time share condominiums and mobile home parks, shall be twenty (20) feet for side and rear yards. (b) Setback requirements for recreational vehicle parks, and resort - oriented hotels and motels including time share condominiums shall be forty -five (45) feet for front yard, and twenty (20) feet for side and rear yards. (c) Setback requirements for nonresort- oriented hotels and motels and .nonhabitation commercial development shall be zero (0) feet for side yards and ten (10) feet for rear yards. (Adopted per WCC 20.04.080(1)(a)) .286 Industrial Districts: (1) Heavy Impact Industrial District: Setback requirements for hazardous materials shall be administered pursuant to this Section, or consistent with federal and state regulations, whichever is greater. (2) General Manufacturing Districts: The Zoning Administrator may reduce side and rear yard setbacks if all of the following provisions are met: (a) Screening shall be provided to protect adjacent uses from unsight- liness 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 th -- late in writing, on forms the reductions. The report to establish t property; CHAPTER 20.80 e side or rear yards to be reduced stipu- provided by the Zoning Administrator, to Zoning Administrator may require a title he ownership interests in the adjacent (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. .287 All Districts: (1) No manure lagoon or other open pit storage shall be located closer than one hundred and fifty (150) feet from any property line, or in a manner which creates any likelihood of groundwater pollution or other health hazard. (2) All manure storage shall be protected from a twenty -five (25) year flood; and shall be located fifty (50) feet from irrigation ditches and waterways, fifty (50) feet from the ordinary high water line of any lake or waterway, provided that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place. three hundred (300) feet shall be substituted for fifty (50) feet. 20.80.300 WATERFRONT LOTS Waterfront lots shall comply with the building setback requirements set forth in the Whatcom County Shoreline Management Program. (See 20.80.223) 20.80.320 REPLACEMENT DWELLING In all districts where a single - family residence is a primary permitted use. a building permit may be issued for the construction of a replacement dwelling on the same lot provided that the owner agrees by filing a statement with the Building Official that the old dwelling will be demolished, removed, or converted to another permitted use upon completion of the new dwelling. 20.80.350 VARIANCES TO LOT AREA AND WIDTH REQUIREMENTS FOR NEW SUBDIVISIONS Minimum building site area and width requirements may be varied in the approval of new subdivisions and short subdivisions by. means of -the- v ariance- preeedme established in the Whatcom County Subdivision Ordinance; provided that the gross CHAPTER 20.80 density of the subdivision shall not exceed that of the applicable zone district, and provided that no site shall be allowed to vary differ more than ten percent (10 %) in area or in average width from the standard requirement. Such variation in lot size shall not include land of twenty percent (20%) or greater slopes, tidelands and water areas and thus shall not be included in calculating the gross density of a site for purposes of determining the number of parcels eligible for the 10% lot area or width reduction allowed by this section. Lands of 20% or more, tidelands and water areas can be included in the gross density calculation where specifically permitted in zone district regulations. 20.80.400 ALEAR-MMN PERMITTED USE OF SETBACK AREAS 7410 An - -a -- earner -- let - -in -- any -- residential- distri-ct — nothing- shall- be- ereeted- plaeed -- pleated -or- a -Ilowed -to- grow - -in- each-- �eae�er- Qis - -to- materially - impede vision - between --a- height -of- tiro -arid- one - half- ¢0-4f2 }- and - ten -¢l0} feet -above the- eenter -line- grades --of- the-- iaterseeting- street-- in- a-- trier4War -area bounded -by- the - street - lines- of -sneh- co. ner- lots - end -e- line- �joiniag- points -are Quid - street- knee - fifty -¢58 }- feet- freun -thc- point- af- i�steraeets:o�s- -429 .410 A clear vision area shall be maintained on the corners of all property at the intersection of two streets, a street and an alley, or a street and a railroad. (1) A clear vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in *3 below (where the lot has rounded corners, the distance shall be measured from the intersection of those lot lines extended),;,and the third side of which is a line across the corner of the lot joining the nonintersection ends of the other two sides. (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 eight -¢8} ten 10 feet above the grade. (3) The following measurements shall establish clear vision areas: (a) In a residential zone, the minimum distance shall be thirty (30) feet or, at intersections including an alley, ten (10) feet; (b) In all other zones where yard red, the minimum distance shall be fifteen (15) feet, or at intersections including an alley, ten (10) feet, except when the angle of intersection between a street other than an alley is less than thirty (30) degrees, the distance shall be twenty -five (25) feet; (c) Where -no-- yards -arm- required, the _-rimWo distance - shall- be -ea-in ¢b}- ebave. Buildings may be constructed within the clear vision area provided that any portion of the structure within the clear CHAPTER 20.80 vision area is more than eight (8) feet above the top of the curb or street center line grade and is supported by not more than two columns nor more than eight (8) inches in diameter. .420 The requisite front yard setback area must be open from side -to -side of the lot, provided that uncovered patios, driveways, walkways, vegetation, pools, recreation equipment, and fences and walls up to four (4) feet in height may be placed in this front yard setback area, subject to the limitations of WCC 20.80.410. All front yard setback measurements are minimum requirements. And further provided that fences, walls or vegetative hedges located within this front yard setback area may exceed four (4) feet in height, to a maximum of six (6) feet, only if:, They do not obstruct or impair visual corridors of surrounding properties and sight distances of vehicular traffic, They are adjudged to be necessary in order to provide security and privacy to the particular use activity by reason of: (a) The property's immediate location next to public access areas; or Its facilities and amenities which are both attractive to the general public, and intended for the exclusive use of its inhabitants and /or patrons; or They are deemed necessary for the protection of the public health, safety and general welfare. .430 A rear yard must be open from side -to -side of the lot; provided that uncovered patios, driveways, walkways, vegetation, pools, recreation equipment, open parking space, fences and walls up to seven (7) feet in height, and structures housing accessory uses in Urban Residential, Residential Rural, Rural and Agricultural zone districts may be placed in the rear yard; provided there is an open space of eight (8) feet between any such structure and a building on that lot. All rear yard measurements are minimum requirements. .440 A side yard must be kept open; that uncovered patios, driveways, walkways, vegetation, pools, parking areas, recreational equipment, and fences and walls up to seven (7) feet in height may be placed in the side yard. All side yard measurements are minimum requirements. 20.80.500 SIGN CONTROLS Whenever reference is made in this Ordinance to sign controls, the following provisions shall apply. .510 General Provisions - Applicable to All Districts: (1) No sigh 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 height.limits and building setbacks shall apply to all signs unless otherwise provided herein. CHAPTER 20.80 All freestanding signs advertising on premise operations may be located- within required landscaping areas, except that no such sign shall be closer than ten (10) feet to the road right -of -way. This distance shall be increased if it can be shown to present a traffic hazard. (2) On- premise Ssigns meeting the requirements of Section .520 to .560 of the Chapter are permitted. Exe3-udrag -the- requirements -of -Other than exempt signs under Section .570 of this Chapter, all other signs in the Recreation and Open Space District are prohibited and all other signs in other districts conditionally permitted subject to meeting the requirements of WCC 20.84.200. (Amended per WCC 20.04.080(1)(a)) Off- remise advertising signs are. prohibited in all districts except adjacent to arterial roads in commercial or industrial districts where they are conditionally permitted. Maximum sign size shall be 320 square feet and not more than 20 feet high. Minimum separation between signs shall be 500 feet. In no case shall any portion of an off-premise advertising sign be installed within fifteen (15) feet of the edge of a road right -of -way. .520 Neighborhood Commercial District Sign Regulations: (1) Single -face signs placed on walls or eves of business establishments shall not exceed thirty -two (32) square feet. (2) One free - standing sign is permitted for each Neighborhood Commercial zone district. Each sign shall not exceed sixty -four (64) square feet with a maximum height of ten (10) feet. (3) Lighted signs shall only be internally or indirectly illuminated. (4) Reader board signs shall be allowed for tenant identification only, and merchandise or price special advertising shall be prohibited. (Adopted per WCC 20.04.080(1)(a)) .530 General Commercial District Sign Regulations: (1) Single -faced signs placed on walls or eaves of business establishments shall not exceed one hundred (100) square feet in area. Free- standing signs shall not exceed sixty -four (64) square feet in area. Roof signs shall not extend laterally beyond the roof it is located on. and shall not exceed (100) square feet in area. (2) Free - standing signs shall not exceed twenty -five (25) feet in height and wall- mounted signs shall not exceed the maximumr- banding - height {35- feet -or actual building height_ , whichevet i eon-. Roof signs shall not extend more than five (5) feet above the peak of the roof. (3) Lighted signs shall only be internally or indirectly illuminated. .535 Tourist Commercial Sign Regulations: (1) Signs shall be located on the premises with the use they are identifying. CHAPTER 20.80 (2) Single -faced signs placed on walls or eaves of business establishments shall not exceed eight percent (8%) of the facade area where the sign will be located plus eight (8) square feet. No more than one wall sign shall be permitted per facade. The facade area includes any one side of a building composed of walls, windows,and doors. (3) Elevated signs shall not exceed two hundred fifty (250) square feet in area on any one (1) face, nor exceed three -(8) or four (4) faces per sign and shall be located no closer than two hundred (200) feet apart regardless of ownership or number of businesses. (4) Signs shall not exceed the height regulations found with Section 20.63.400. (5) Billboards are prohibited. (6) Lighted signs shall only be internally or indirectly illuminated. (Adopted per WCC 20.04.080(1)(h)) .540 Resort Commercial District: (1) Single -face signs placed on walls or eves of business establishments shall not exceed thirty -two (32) square feet. (2) Free- standing signs shall not exceed sixty -four (64) square feet with a maximum height of ten (10) feet. (3) Lighted signs shall only be internally or indirectly illuminated. (4) Reader board signs shall be allowed for tenant identification only, and merchandise or price special advertising shall be prohibited. (Adopted per Wcc 20.04.080(1)(a)) .550 General Manufacturing, and Light and Heavy Impact Industrial Districts Sign Regulations: (1) Unlighted temporary building signs not to exceed sixty -four (64) square feet in area, with message limited to the name, address and phone number of the project, contractor, architect, and financial source shall be permitted. (2) Real estate signs shall be limited to one sign per street frontage, shall be unlighted and shall not exceed sixty -four (64) square feet in area. (3) The following regulations shall apply to permanent signs that pertain to an operating industrial activity: (a) All signs must be an integral and coordinated part of a site design plan for the entire complex. (b) Signs may be internally or indirectly illuminated. CHAPTER 20.80 (c) Wall signs shall be flush against the building and shall not exceed twenty -five percent (25 %) of the total wall area, less windows and doors. (d) One free - standing sign shall be permitted at the entrance to each individual site within an industrial complex; provided that total sign area for any one face does not exceed sixty -four (64) square feet. (e) One free - standing sign not higher than twenty -five (25) feet shall be permitted at each main entrance to an industrial complex. The message of said sign shall be limited to the name of the complex and its occupant(s). Sign area of any one face shall not exceed two hundred seventy -five (275) square feet. (f) 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. .560 Recreation and Open Space District Sign Regulations: (1) One free- standing sign for each road frontage shall be permitted; provided the sign does not exceed six (6) feet in height and surface area does not exceed twenty -four (24) square feet. Sign setbacks shall be at least twenty (20) feet from the edge of a county or state road right -of -way, or twenty -five (25). feet from adjacent nonpublic property lines. (2) One wall sign for each accessory or conditionally permitted structure shall be permitted; provided total sign does not exceed twelve (12) square feet. (3) Signs demarcating public property boundaries shall be permitted; provided total sign area for each individual sign does not exceed three (3) square feet. Said signs may be located at property lines. .570 Exemptions: The following types of signs shall be exempt from the regulations of this Section and zoning districts, provided that such signs shall conform to the general provisions of this Section. (1) Addresses (internal lighting permitted), family names, cottage names, entrance and exit signs, home occupation signs, up to two (2) square feet, provided that they are on- premises. (2) Temporary on- premise real estate sales signs, up to fourteen (14) square feet for each road frontage; provided that for sites in excess of five (5) acres, the area may be increased to sixty -four (64) square feet per road frontage (single sign only permitted) on a one -year permit basis. Signs announcing construction of a facility shall be considered to be real estate sales signs. (3) Small window signs up to three (3) square feet in business uses; provided that such signs do not cover more than twenty -five percent (25%k) of the area of any window. CHAPTER 20.80 (4) Community identification signs of up to sixty -four (64) square feet on entrance roads to community areas; provided that such signs shall not be spaced at intervals of less than one mile along such a road. (5) Private directional signs up to twelve (12) square feet in business, commercial or industrial districts, and up to six (6) square feet in other districts; provided that_ ne- etagl-e -t ae- nets► - -have- more —then -four {4�- such- sYgns7 (a) no single use may have more than four such signs; signs shall meet building setback requirements unless they are four feet or less in height, in which case setback shall be five feet; (c) no sign shall violate the clear vision section (2.24.600.620); no single use shall have signs occurring more frequently than one per mile; and (e) existing signs that do not comply with all provisions above may continue to exist for one year from date of adoption of this amendment, at which time all nonconforming signs shall be abated. 20.80.600 GENERAL DEVELOPMENT STANDARDS The following standards shall apply to development in every zoning district. .610 Landscaping: Wherever reference is made in this Ordinance to a landscape plan, the following provisions shall apply unless different provisions are specified in regulations governing a particular zoning district: (1) A landscape plan for all permitted and conditional uses except single - family, two - family, and three - family dwellings shall be submitted to the Zoning Administrator for his approval at time of application for building permit. The plan shall, as a minimum, include the following: (a) the location and approximate dimensions of areas to be landscaped. (b) the identification of types of trees, shrubs, plants and other materials to be used. (c) the approximate height and thickness of (b) above at time of planting and at maturity. (d) the type and location of all proposed lighting. (2) Shrubs, trees and similar planting materials shall be required at the following locations: (a) at vehicular entrances and exits to the property. (b) parallel to all highways and roads. CHAPTER 20.80 (c) around all parking areas, as provided in WCC 20.80.730. (d) the visual impact of parking areas shall be minimized by separating the area into modules that contain no more than twelve (12) vehicles. Each module shall be separated from other areas by a 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. (e) In addition, the Zoning Administrator may require sight - obscuring landscaping or screening anywhere in the area between the property line and the line determining the setback edge in order to prevent conflicts between uses. (3) Trees, shrubs and other planting materials shall be maintained in healthy condition. Dead or dying vegetation shall be replaced and the planting area shall be maintained free of litter after occupancy. (4) Implementation of such landscape plan .within eight (8) months, and maintenance for one year thereafter, shall be guaranteed by a performance bond of one hundred and fifty percent (150X) of the estimated cost, or by other means of positively guaranteeing implementation as approved by the Zoning Administrator. 620 Noise: All developments, including traffic generated directly by them, must conform as a minimum to federal Environmental Protection Agency (EPA) standards and, if available, standards of the State of Washington and Whatcom County. More rigorous standards may be specified in regulations of specific zoning districts. .630 Drainage in Paved Areas- Breinege- 6ontro4- Permit: For any use covering.more than 5,000 square feet with impervious surfacing, a drainage plan must be submitted to the County Engineer. However, where applicable subarea comprehensive plan policies identify the need for stormwater drainage facilities, then a drainage plan shall be required for all nonsingle family development with impervious surfacing of more than 1,000 square feet. The County Engineer may require such modifications and improvements as he deems necessary to ensure the protection of county drainage facilities and neighboring property. No building permit .shall be issued until a drainage control permit -hea- been- issued plan is approved by the County Engineer. (Amended per WCC 20.04.080(1)(a)) .640 Driveways: A permit shall be obtained from the County Engineer or State Department of Highways, as appropriate, prior to the construction.of any driveways on a public right -of -way. The location of driveways adjacent to a property line functioning as one point of ingress and egress to both properties shall be encouraged and shall be considered as one driveway. The location of driveways shall be in accordance with standards adopted by the County or State Department of Highways as appropriate and approved by the County Council. These standards shall regulate location, width and alignment as they relate to safety and traffic congestion. .650 Air Quality: No development, including traffic generated directly by it, should generate air pollution exceeding the minimum permissible emission CHAPTER 20.80 levels established by the Northwest Air Pollution Control Agency (NWAPA) or the Environmental Protection Agency. .660 All Weather Road Access: Parking area {s}- sh1.1- be- deaigtsed -to -have vehicles enterin the-- public - rights -of way, - Such -an-abate -h ghhM�a s �ys, county arterial and G�ectot s, -except ninor access _ ads, - - �.L'iSle tz avel -ing 1n_ a forward mot i o" -upon--ex -it . - --Tht ant-shall-apply-to park ing-areaOf"two-or fess- - exrta- are- on- 6tate-� afs mid -col-lee tot a a -leer-vision spee=flcettona -aa alley street inbets on-in WO 20.80.4 Of* In order to assure all- weather access, owners of property rezoned to LII, (iNl or HII shall be required to attach a covenant to said property and file it with the County Auditor stating that the owners of the property, their heirs, assigns and successors in interest will not oppose participation in a County Road Improvement District and Latecomers' Agreement as deemed necessary by the Engineering Bureau and the County Council pursuant to the provisions of RCW Chapter 35.72 and WCC Chapter 12.44. No development of rezoned properties that requires all weather road standards shall be permitted until an all weather road access is provided. .670 Docks: All dock development shall conform to the following requirements: (1) The dock development shall conform to all applicable local, state and federal requirements including the Whatcom County Shoreline Management Program. In particular, dock design and construction shall comply with the requirements of Section 6.12.4 of the Shoreline Program. (2) For all fresh water areas, all new posts or pilings shall be untreated in order to avoid adverse impact on water quality. (3) The dock shall be painted, marked with reflectors, or otherwise identified so as to prevent unnecessary hazardous conditions for water surface uses during day or night. (4) Docks for noncommercial use or any watercraft moored thereto shall not be used for a residence. (5) Storage on a dock is prohibited. However, the requirement does not apply where a specific design or structure has been approved by the Zoning Administrator after demonstrating that adequate preventions are utilized to maintain safety and water quality. (6) Any exterior lighting shall be directed or shielded so as not to cause annoying glare to neighboring properties, or to road or water traffic. (7) Docks shall only be constructed within the property owned by the applicant or where the applicant has obtained the appropriate lease arrangements for the State of Washington or where appropriate. (Adopted per WCC 20.04.080(1)(a)) .675 Height Limitations: All structures located within any district shall be limited in height consistent with Federal Aviation Regulations (FAR) Part 77 for airport operations or the height limitations of the district, whichever CHAPTER 20.80 is less. Nothing in this Ordinance shall restrict the height of a structure to 15 1/2 feet or less. (Adopted per WCC 20.04.080(1)(h)) .680 Unsuitable Land: Land which is unsuitable for the development of permitted, accessory or conditional uses as defined by Section 20.97.443 shall not be developed unless adequate safeguards are formulated by the developer and approved by the Zoning Administrator. The safeguards shall be based on technical data and /or professional review as deemed necessary by the Administrator. If no adequate safeguards are available, the unsuitable land area shall be retained for agricultural, forestry or open space purposes. (Adopted per WCC 20.04.080(1)(h)) 20.80.700 OFF- STREET PARKING AND LOADING REQUIREMENTS 20.80.705 GENERAL REQUIREMENTS (1) No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off - street parking and loading spaces have been provided in accordance with the provisions of this Ordinance. (2) The provisions of this Section, except where there is a change of use, shall not apply to any existing building or structure. Where the new use involves no additions or enlargements there shall be provided as many of such spaces as may be required by this Ordinance. (3) Whenever a building or structure constructed after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of housing units, seating capacity or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change, provided whenever a building or structure existing prior to the effective date of this Ordinance is enlarged to the extent of fifty percent (50 %) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, said building or structure shall then and thereafter comply with the full parking requirements set forth herein. 20.80.710 PARKING SPACE DIMENSIONS A parking space shall have minimum rectangular dimensions of not less than ten (10) feet in width and twenty (20) feet in length; provided, however, that for any parking area of twelve (12) or more spaces, thirty -five percent (35X) of all spaces may have minimum rectangular dimensions of not less than eight (8) feet in width and fifteen (15) feet in length, provided that these spaces are marked for use by sma -1-1 compact. automobiles. . All dimensions shall be exclusive of driveways, aisles and other circulation areas. The number of required off - street parking spaces is established in WCC 20.80.780. 20.80.715 LOADING SPACE REQUIREMENTS AND DIMENSIONS A loading space shall have minimum dimensions of not less than fourteen (14) feet in width, sixty (60) feet in length, exclusive of driveways, aisles, and other CHAPTER 20.80 circulation areas, and a height of clearance of not less than fifteen (15) feet. One off - street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods and having a gross floor area of at least five thousand (5,000) square feet in the case of manufacturing, warehouse or terminal buildings, and ten. thousand (10,000) square feet for commercial, hotel, institutional and public buildings. One loading space shall be provided for each additional ten thousand (10,000) square feet for retail and restaurant buildings; and one for each additional thirty thousand (30,000) square feet for manufacturing, warehouse and service uses. 20.80.720 SURFACING The required number of parking and loading spaces as set forth in WCC 20.80.715 and 20.80.780, together with driveways, aisles and other circulation areas, shall be improved with a material acceptable material to- provide -a-- durable- Durfaee- to the County EnAineer. In some instances. gravel rather than vavinQ may be acceptable. 20.80.721 DRAINAGE All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. Off - site drainage improvements and maintenance easements shall be secured as necessary to prevent damage to downstream property. 20.80.722 MAINTENANCE The owner of property used for parking and /or loading shall maintain such area in good condition without holes and free of all dust, trash and other debris. 20.80.723 LIGHTING Any parking area which is intended to be used primarily during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to direct the light away from the adjoining property and the public road. 20.80.725 LOCATION OF PARKING SPACES The following regulations shall govern the location and off - street parking spaces and areas: (1) Parking spaces for all one and two - family dwellings shall be located on the same lot as the dwelling which they are intended to serve with no more than two (2) Rarking spaces included within the front yard setback; unless otherwise approved by the Zoning Administrator. (2) Parking spaces for commercial, industrial or institutional uses shall be located not more than seven hundred (700) feet from the principal use. Parking lots further than seven hundred (700) feet from the principal use may be approved by the Zoning Administrator. (3) Parking space for apartments, dormitories or similar residential uses shall be located not move than three hundred (300) feet from .the principal use. CHAPTER 20.80 (4) Parking spaces and locations established in new land subdivisions approved by Whatcom County prior to the enactment of this resolution shall be exempt from the requirement of approval by the Zoning Administrator. 20.80.730 SCREENING AND /OR LANDSCAPING Whenever a nonresidential parking lot containing more than ten (10) parking spaces is located. in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes, by an acceptably designed wall, fence or planting screen. Such fence, wall or planting screen shall be not less than four (4) feet nor more than six (6) feet in height and shall be maintained in good condition. The space between such fence, wall or planting screen, and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then no such fence, wall or planting screen and landscaping shall be required. 20.80.735 REQUIRED TRASH AREAS All commercial, industrial and multi- family residential uses comprising ten (10) or more units that provide trash and /or garbage collection areas shall enclose such areas on at least three (3). sides by a solid wall or fence of at least four (4) feet in height if such area is not within an enclosed building or structure. - Provisions for adequate vehicular access to and from such area or areas for collection of trash and /or garbage as determined by the Zoning Administrator shall be required. 20.80.740 B1rYABLBB- i%HMLBG NONPERMITTED STORAGE The - parking -of -a- disabled - vehicle- Mrt hin- a- residentta+- or- eommere.&I disbriet -for a- period - -of- tore -- than - two -f2B }weeks- shall -be- p2ohibited;- miless sack- vehicle -ia stored - ire -an- enclosed- garage- or-other ing. For the protection of the quality of residential and commercial areas, and to maintain individual property values, the indiscriminate deposition of discarded vehicles, used building materials, equipment, appliances and assorted gunk shall be prohibited in all residential and commercial zone districts. .741 Derelict or abandoned vehicles and trailers (or Parts thereof) shall be removed at the Property owner's expense fourteen (14) days after official notification. This shall include vehicles and trailers parked on private property, public streets, roads or rights- of-way adjacent to the property owner's property. It shall also be unlawful to retain inoperative abandoned farm implements, mechanical or structural apparatus. Said farm implements, logging equipment, industrial machinery and other apparatus shall be removed at the property owner's expense (see exception in 20.80.742). .742 Property owners, or owners of derelict or abandoned vehicles, trailers, farm implements, logging equipment, industrial machinery or similar apparatus shall have the right to retain the above which is visually screened from CHAPTER 20.80 public roads or private roads open to public use or trails open to public use or surrounding residential or commercial property. . 20.80.745 MINIMUM DISTANCE AND SETBACKS No part of any parking area for more than ten (10) vehicles shall be closer than twenty (20) feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. ff— on-`he some lot with Emily residence, the Pparking areas for one and two family dwellings if shall not located within the required front yard setback areas shall have a setback of at least ten (10) feet from the road ri t -of -way. required - for -sneh— building.- In no case shall any part of a parking area be closer than four (4) feet to any established street or alley right -of -way. 20.80.750 JOINT USE Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a. written agreement approved by the Zoning Administrator shall be filed with the application of a building permit. 20.80.755 WHEEL BLOCKS Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line. 20.80.760 WIDTH OF AISLES One -way aisles serving individual parking spaces shall be not less than twenty - five (25) feet wide for ninety (90) degree parking, twelve (12) feet wide for parallel parking, eighteen (18) feet for sixty (60) degree parking, and thirteen (13) feet for forty -five (45) degree parking. 20.80.765 ACCESS Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access of driveways for parking areas or loading spaces shall be located in.such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street. This requirement shall apply to parking areas of two or.less required spaces only when exits are on State Highways and major county arterials and collectors. Clear vision areas shall be maintained at exits to the same specifications as alley - street intersection in WCC 20.80.420(3). No building permit shall be issued until an access plan is approved by the County Engineer. 20.80.770 SIGNS CIRCULATION The entrances and exits to.the parking area shall be clearly marked. Interior vehicular circulation by way of access roads shall maintain the following minimum standards: For one -way traffic, the minimum width of fourteen (14) feet. Access roads for two -way traffic shall have a minimum width of twenty -four (24) feet. CHAPTER 20.80 Parking areas having more than one aisle or driveway shall have directional signs or markings in each aisle or driveway. 20.80.775 STRIPING All hard - surfaced parking areas with a capacity over twelve (12) vehicles should be striped between stalls to facilitate the movement into and out of the parking stalls. 20.80.780 PARKING SPACE REQUIREMENTS For the purpose of this Ordinance, the following parking space requirements shall apply (See also Section 20.97.140): (1) Administration buildings (public or private): 1 for each 200 square feet of floor area. (2) Apartments: 3 for each 2 units. (3) Apartment hotels: 3 for each 2 units. (4) Art galleries: 1 for each 300 square feet of floor area.. (5) Auditoriums: 1 for each 4 seats. (6) Automobile service stations (which also provide repair): 1 for each gasoline pump and 2 for each service bay. (7) Banks: 1 for each 200 square feet of floor area. (8) Boarding houses: 1 for each bed. (9) Bowling alley: 4 for each alley or lane plus one additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use. (10) Business and commercial (general): 1 for each 300 square feet of floor area. (11) Business schools: 1 for each 2 classroom seats. (12) Cartage, express and parcel delivery: 1 for every employee (on the largest shift for which the building is designed) and 1 for each motor vehicle maintained on the premises. (13) Child care centers: 2 for each classroom but not less than 6 for the building. (14) Children's homes: 1 for each 3 beds. (15) Churches: 1 for each 4 seats. (16) Colleges: 1 for each 3 students. CHAPTER 20.80 Off- Street Parking Diagram and Dimensional Table CHAPTER 20.80 (17) Dance floors: 1 for each 100 square feet of floor area used for the activity. (18) Dental clinics: 1 for every 200 square feet of floor area of examination. (19) Dining rooms: 1 for each 100 square feet of floor area. (20) Dormitories: 1 for each bed. (21) Duplex: 2 for each unit. (22) Elementary school: 1 for each teacher and 1 for every 8 seats in auditoriums or assembly halls. (23) Financial institutions: 1 for each 200 square feet of floor area. (24) Fraternities: 1 for each bed. (25) Freight terminals: 1 for every employee (on the largest shift for which the building is designed) and 1 for each motor vehicle maintained on the premises. (26) Funeral parlors: 1 for each 100 square feet of floor area in slumber rooms, parlors or service rooms. (27) Homes for the aged: 1 for each 3 beds. (28) Hospitals: 1 1/2 for each bed. (29) Hotels: 1 per each sleeping room plus 1 space for each 2 employees. (30) Junior high schools: 1 for each teacher and 1 for every 8 seats in auditoriums or assembly halls. (31) Kindergartens: 2 for each classroom but not less than 6 for the building. (32) Libraries: 1 for each 300 square feet of floor area. (33) Manufacturing uses: 1 for every employee (on the largest shift for which the building is designed) and 1 for each motor vehicle maintained on the premises. (34) Medical clinic: 1 for every 200 square feet of floor area of examination, treating room, office and waiting room. (35) Mobile homes: 2 for each unit. (36) Mortuaries: 1 for each 100 feet of floor area in slumber rooms, parlors or service rooms. (37) Motels: 1 per each sleeping room plus 1 space for each 2 employees. CHAPTER 20.80 (38) Multi - family dwelling: 3 for each 2 units. (39) Museums: 1 for each 300 square feet of floor area. (40) Night club: 1 for each 100 square feet of floor area. (41) Nursing homes: 1 for each 3 beds. (42) Nursery schools: 2 for each classroom but not less than 6 for the building. (43) Offices: 1 for each 200 square feet of floor area. (44) Parks, golf courses, cemeteries and other uses consisting primarily of open space: 1 for each acre of land, provided that this requirement may be increased or decreased by the Zoning Administrator or Hearing Examiner, as appropriate, based on anticipated intensity of use of the property. (45) Retail stores: 1 for each 250 square feet of floor area. (46) Restaurants: 1 for each 100 square feet of floor area. (47) Rooming houses: 1 for each bed. (48) Sanitariums: 1 for each.3 beds. (49) Service building: 1 for each 200 square feet of floor area. (50) Single - family dwelling: 2 for each unit. (51) Skating rinks: 1 for each 100 square feet of floor area used for the activity. (52) Sports arenas: 1 for each 4 seats. (53) Storage uses: 1 for every employee (on the largest shift for which the building is designed) plus 1 for- each motor vehicle used in the business. (54) Swimming pools (outdoor - public, community or club): 1 for each 5 persons capacity plus.l for each 4 seats or 1 for each 30 square feet of floor area used for seating purposes, whichever is greater. . (55) Taverns: 1 for each 100 square feet of-floor area. (56) Technical schools: 1 for each 2 classroom seats.. (57) Theaters: 1 for each 4 seats. (58) Trade schools: 1 for each 2 classroom seats. (59) Universities: 1 for each 3 students. CHAPTER 20.80 (60) Wholesale uses: 1 for every employee (on the largest shift for which the building is designed) plus 1 for each motor vehicle used in the business. 20.80.785 HANDICAP PARKING Handicap parking must be installed in accordance with state regulations. In every parking lot and garage provided to serve buildings which require handicap facilities, a minimum of one (1) parking space and not less than twelve (12) feet six (6) inches wide. The surface shall be firm, stable, smooth, slip resistant and shall slope not more than one (1) in 60. A symbol of HANDICAP ACCESS shall be painted on the stall. 20.80.790 GENERAL INTERPRETATIONS In the interpretation of this Section, the following rules shall govern: (1) Parking spaces for other permitted or. conditional uses not listed in this Section shall be determined by the Hearing Examiner where a land use permit is required and by the Zoning Administrator for other permitted uses. (2) Fractional numbers shall be increased to the next whole number. (3) Where there is an adequate public transit system or where for any other reason parking requirements are unusually low, the parking space provisions cited above may be reduced proportionately by the Zoning Administrator. (4) In portions of a lot devoted exclusively to the smaller spaces marked for use by small cars, aisle width may be reduced to twenty (20) feet for ninety (90) degree parking; to fifteen (16) feet for sixty (60) degree parking; and to twelve (12) feet for forty -five (45) degree parking. 20.80.800 LIVESTOCK REGULATIONS 20.80.801 PURPOSE The purpose of these livestock regulations is to establish standards for the number of form animals units on relatively small acreage parcels where compatibility may become an issue. Therefore, these regulations shall only apply to parcels of less than five (6) ten 10 acres in size in the Urban Residential, Residential Rural, Rural Residential - Island, Rural or Forestry Districts. (Amended per WCC 20.04.080(1)(a) and (u)) 20.80.806 LIVE T98K ANIMAL UNITS The number of -livestoek animal units which are permissible in those zone districts that refer to this Section shall be consistent with the following standards: CHAPTER 20.80 (1) One livestoek animal unit equals one pony, or one horse, or one cow, or _ one burrow, or two sheep, or two goats, or two pigs. Ponies and horses under one year, calves under six months, and sheep, goats and pigs under three months shall not be included when computing -1tvestock animal units. (2) Lots which have an area of less than one -half (1/2) acre may not keep an +ivestoek animal unit. (3) Lots with an area of one -half (1 /2)-acre or more and less than or equal to one (1) acre may keep one (1) animal unit. (34) Lots exceeding one (1) acre in size may increase the number of animals at the rate of one (1) livestock animal unit per 1/2 acre of land area in excess of one (1) acre. (45) 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. (56) All -Iivestoek animal units shall be confined to the building lot or parcel unless otherwise provided. CHAPTER 20.82 PUBLIC UTILITIES 20.82.010 Permitted Uses The provision of this Ordinance 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. acid necessary office spece. 20.82.020 Conditional Uses Trunk utility lines, electronic communications and associated minimal maintenance and operation their administrative structures, water storage reservoirs, pumping stations, treatment plants, outfalls 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 stenerating plants are not conditional uses under the name "public utilities" but are restricted to where they are separately named as uses. 20.82.030 Lands that are currently zoned Urban Residential, Residential Rural or Rural, are situated adjacent to the Bonneville Power Administration power line easement /right -of -way, and comply with all of the criteria listed below may make application to the Bureau of Buildings and Code Administration for Conditional Use Permits for nonresidential uses which would otherwise be prohibited on such properties. This provision is applicable to zone districts that permit residential uses and where it is apparent that the future location of residences may not be in the best interest of public health and safety. In order to qualify for a conditional use permit application, the applicant must comply with the following locational criteria: (a) Properties shall be situated adjacent to the Bonneville Power Administration power line easement /right- of-way and within 400 feet of an existing commercial or industrial zone district; (b) properties shall be accessible by existing roads classified as major collectors or higher; (c) parcel sizes shall conform with the residential parcel size. requirements of the underlying zone district; (d) proposed nonresidential uses shall be situated at a distance no greater than 600 feet from the neighboring commercial or industrial zone district in order to prevent the proliferation of such uses in residential zones; and (e) proposed nonresidential uses shall be compatible with those allowed in the neighboring commercial and industrial zone districts. (f) provided that properties which are adjacent to or crossed by the Bonneville Power Administration power line right -of- way /easement and adjacent to existing commercial uses and have sufficient frontage on a road classified by Whatcom County as a major collector or higher to provide vehicular access, and meet criteria (c) above, shall also be CHAPTER 20.82 eligible to apply for conditional use approval for commercial uses on that property, provided further that this section shall no longer be in effect after Title 20 of the Whatcom County Code becomes effective in the Lynden - Nooksack Valley Subarea as defined by the Lynden- Nooksack Valley Comprehensive Plan. (Amended per WCC 20.04.080(1)(y)) The Hearing Examiner shall evaluate said applications pursuant to the provisions of Chapter 20.84.200. (Amended per WCC 20.04.080(1)(v) & (z)) CHAPTER 20.83 NONCONFORMING USES AND PARCELS .01.0 F-:c•cpt as otherwise, provided in this Chapter, the lawful use of any building, iand or premises, existing on the effective date of adoption or amendment of this Ordinance, may be continued although such use does not conform to the provisions hereof. If such nonconforming use is discontinued 1 *()r a period of twelve (12) months or more, any future use of said building, land or premises shall be consistent with the provisions of this Ordinance. .020 Nonconforming uses may be extended throughout any building partially occupiod by such use at the time of passage of this Ordinance. The c-xpansi.on of a nonconforming use by addition or enlargement on any tract or pax-eel of land of record on July 6, 1972, shall be conditionally permitted. 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 (R). .030 When a zone distrirt is changed, existing nonconforming uses may be contin- -i with the Provisions of WCC. 20.83.010 and WCC. 20.83.020. 040 Thy• r•h ngre of a nonconforming use to another type' of a nonconforming use shall be condit.i.onall., permitted. The change of nonconforming use shall be cii +prove >ci if it is consistent with the applicable zoning regulations, except the use restrictions, and complies with WCC 20.84.220(2) to (8), providing such change does not require the provision of water and sewer utility s01-Vi.c'es at a level greater than that currently available to the subject pt-uport:,y, and that the new nonconforming use does not result in greater impacts upon surrounding properties than did the original nonconforming use. (Amended per WCC 20.04.080(1)(w)) .050 If a nonconforming use - composed or physical feature of a building or group Of buildings on one site; is damaged or destroyed by any means, that use shall be permitted to be rebuildt equal to the square footage of damaged or destroyed building(s), and for the same use of and location on the site. .060 Lots of rPrord existing on the effective date of adoption rn- urteneiment of this Ardj:nnner.- regulation for a subarea or parcels created pursuant to WCC 20.83.070, whreh that do not meet the minimum area and or width requiremPnt.s of the zone district,- may be developed with permitted, accessory and conditional uses; provided: (1) That all other district standards are met.; and (2) That: -,.. for. - pare :els - created- parsnsi9t- to- WEE' - 29.-89:919- wttett- aabsegarnt}s do- rlc�t- evslpiy- with- the - minimum- - area- and�or - -- width- regairr..merlts -- - of- -t.ttr MPPIicab1e.- Y,orle- - districts l.ot -- boundaries -- not- - forming -the vvrrsll- l�arrrl bhurldai4q- shs }1 -be -rsest rd - parsuarlt to RCW­Title- 58- - €or platted- -4vtsi- ov- by.. -deed -rest rieiivns- approved- br- the-- Piannint -N rector i�r• -his -- designee - #'or•-aflpiatted---lvta- (Amended Per WCC 20.01.080 (1) (b) ) The lots or parcels were created pursuant to applicable state and local subdivision regulations at the time of lot segregation or consolidation under Section 20.83.071. CHAPTER 20.83 .070 Two or more lots of record; - which - exist -on- the - effective- date -ef- adoption -or amendment -of -- this- Ardtnanee; shall be considered to- be- used - and /or sold as one undivided parcel for the purpose of use or sale consistent -with- the -area requirements-- -of - -- the - -- applicable - -- district 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 .071 or ..072 below: (1) the lots are in one ownership; (2) one or more of the lots in question do not meet the minimum area and/or width requirements of the applicable zone district; (3) the lots are not separated by intervening parcels of different owner- ships or by public rights -of -way; (4) no more than one lot is developed with a legally established building primary permitted or conditionally permitted use at the time this Ordinance is adopted or amended making the parcel(s) in question nonconforming; and (5) thC-lOtS- in-QtlCStien- are- OtherroiaC- in- COmplianeC -iVith-thC- pretlisiens-O€ thrs- Ard�nance; -and (65) at least five (5) years have passed since the date of final approval of the plat pursuant-to by which the lots were created if platted lots are involved. (Amended per WCC 20.04.080(1)(b)) .071 The following formula shall be used to determine the maximum number of lots which shall be permitted by the consolidation hereunder of substandard lots. This formula is not applicable to satisfying the requirements of Chapter 20.89. The- tet�►l- area -o €- ail -thc- lets -in -- questions - shall - -be- computed -- and - the -sum there- n €- ditlided -by- the - legal- minimum- neneluster -let- size - established - €or -the zoning- district, - provided- that - -r € -. the -- result-- rs - -a -- whole -- number -- plus -a remainder, - -the -- maximum - number - -e €- leis -- permitted- shall -be-- increased -by -one lot- r €- ther- re- mainder- equals -or- exceeds- 5A3� -ef -the -- minimum - lot - =sine- set - €or the -- district,- -- and -- provided -- further -- that -- the -- number - -ef- lets - permitted hereunder- shall- not - exceed - the - original -- total -- number - -ef -- lots -- subject -to eonsolida� ion- under - subsection -- AAA- abetle- The total area of all lots subject to consolidation under subsection .070, above, shall be added together and the sum divided by the minimum noncluster loi size for the zoning district. The whole number quotient shall be the maximum number of lots; provided, that an additional lot shall be allowed if the quotient contains a fraction of .5 or more, an d provided further that the number of lots shall not exceed the original number of lots. (Adopted per WCC 20.04.080(1)(b)) .072 Any owner of lots subject to consolidation hereunder may apply to the Hearing Examiner for relief from the provisions of WCC 20.83.070 on the grounds that such requirements place an unreasonable burden upon the CHAPTER 20.83 property affected. In evaluating such a claim, the Hearing Examiner shall consider tILC: fcslloa!Llg factors: (1; the pattern of existing development in the immediate vicinity of the subject lots and the compatibility of the lot sizes requested with established and prospective uses; (2) they suitahil.it3r of the lots for construction of a type appropriate to the district; 13) the nature and extent. of improvements previously made by the owner in rel.i.311ce upon the original lot sizes; and ('l' any - :peoial features of the lots which distinguish them from other properties characteristic of the zoning district. (Adopted per WCC 20.04.080(1)(b)) .080 The -- requirements - - -o € - Wee - 28-$ 3: 0�8-- si�a }1- rrot-- preverr € - }ets - e €- reeerd -to -be eumbined- - i tit o.-- more - than- -one. -paree y- provided- that -eaeh- paree }- -beiflg -erect rd by - -WCC 20. $3: 0 r0 - slra } }- comp }y-- aritlq- hire - }at- area - arrd,ror- width - requirements -o€ thr. - ai�p }tr. -ab }e- district;- wit} r-- eti�er- provtstons - -e� -- this-- Ardinarree-- errd -lras .�eeFSS -te- arr- existing- pub }te - road - No }parcel shall be created and treated as an independent usable lot (through Consolidation of lots of record under .070 and .071) that does not have access to an existing public road. .090 A- sang} c - -- paree }- errated-- nttrsttant- th- WeE -28 .-83.-818- wlrieh- subsequent }q -meets t= lrr.- mrnrmum- aces -anclf car- width- rrgtrrrrments - -o€ -the -- app }reib }e -- aenc- dtst -�°tct g}ra }1- - -bN -- considered-- as-- i-- eert €ermtng -- paree } -- and-- sha } € -be- a }igib }c - €er prrn�it# rd-- arer_ ssor�- rrnd- cendttYena } }p-- permtt�bed- -uses; -- pravtded-- t�rat -a }} prrvteas- }at-- betrnd. .antes- whreh - -do- net- - €orm- the- evcra € }- paree }- baundarp -ire vaerLtect- �arstrant- te- RBW- �' tt} e- v8-- fer- p }atted-- }ets- er - -by- deed- restrt•etiens Reproved- bv- thc- P} arrrrrng- Bireetor- €or- unp }atted - }ots- Parcels of land created by consolidation pursuant to WCC 20.83.070, .071 or- .072 shall be considered as conforming parcels and shall be eligible for Permitted, accessory and conditionally permitted uses; provided that prior to issuance of a building permit, platted lots that are consolidated shall dither be bound together by a covenant filed with the County Auditor OR by the vacation of interior lot lines, and unplatted lots that are consolidated :hall be _bound together by a covenant filed with the County Auditor. A binding covenant shall include the county as a signat.or to prevent removal of the covenant. without the knowledge of the county.. 100 To mitigate hardship to the applicant /property owner, lots being created pursuant, to a currently valid application for a short plat or long subdivision, at the effeetive date of adoption or amendment of this Ordinance, shall he recognized as conforming lots for the purpose of this Or-dinitnce; provided that other applicable requirements of the zone district and Subdj v is icon Ordinance are met. CHAPTER 20.83 .110 Lc-.,t area, yards, other open space, off - street parking or loading areas which exisL on or after the effective date of this Ordinance shall. not be reduced below thr! m.inimwn rr- quired by the Ordinance. 120 The provisions of this Ordinance shall be applicable to the use or sale of any parcel subject to this Ordinance, and shall preclude any action in any m1,un11r 146ch may diminish compliance herewith. .1.30 When a nonconforming use of a property is challenged through a complaint from the public or by initiative of the Zoning Administrator, the burden of proof of applicability of subsection .010, above, shall rest with the Lrc x_rty owner. lt- shall -ba- the- respensibility- o € -thr.- record- ewner -to -prove th;tt --the- aetrvity- -in--- question - rs - -R- pre- ex�strttg,--- nbneoriforming -use.- The owner may make public record of his right of nonconforming land use status by filer an affidavit of nonconforming use with the Zoning Administrator or- - designee . - within -- r►raetp - -f 98 } -- daps - -a €tar -- the-- es�ab�rs#�menr = -e €- -use rh�.tric-tiorrs -can- the- properry-eovr►ed -by- him -er- her.- -- This - of €idavtt -sha�� that. contains the legal description of the affected property, the purpose for which the property is used and any other facts deemed necessary as evidence to establish verify the legitimacy of the nonconformity. The affidavit shall be accompanied by a filin fee of fifty dollars ($50.00)_ which- is--paid -to Builtlings- - and- -- £ode-- €or- -- Current- - Expense.; The Zoning Administrator or designee shall make a site an examination to verifying - the-= existen"... -of the nonc:onformitpng use and which- ahaii -be endorsed upon the veri fied affidavit if found to be as represented by the applicant. by -- the -- Administrator -or dPSignee; -- and - -€ lied -- nth-- thr= Eotinty- �4�ditor --- the- ac:tuni- �taditor-�s - €rr. required=- €or - €icing= the= a € €idavit o€= nonemforming =aae- shah- be==paid- by -thP applicant -. The-- veri €ied -- affidavit -- shall -- constitute -- presumptive- evidence - which -wilI permit - the - continuance -of -- the-- aoneonformitp: - -- -The -- nonconformity -- map -be abolished-- or-=- ci#her - -bp -- presentation - =o € -- competent =- evidence -- regarding controversy - surrounding- the - noncom €ormi7ng - use -of -the- property -to- the - clearing examiner- for -- determination ;- or -bp- filing- a- �+arver -e €- right - conferred -bp -the reeorel- owner- of -bhe- property- described -in- the - affidavit- The administrative determination to endorse or not to endorse a nonconforming use may be appealed under Chapter 20.92.210(2) of this Ordinance. .140 Residential or Recreational subdivisions'substant.ially developed and located within Forestry zones shall be subject to standards as shown below: (a) Lummi Island Scenic Estates shall" be-administered under the RR- I,zone district regulations. VARIANCES, CONDITIONAL USES AND APPEALS 20.84.100 VARIANCES CHAPTER 20.84 .110 The Hearing Examiner shall have authority to grant a variance from the provisions of this Ordinance and of Title 22, the Guide Meridian Improvement Plan, when, in the opinion of the Hearing Examiner, the conditions set forth in WCC 20.84.120 herein have been found to exist. In such cases, a variance may be granted which is in harmony with the general purpose and intent of this Ordinance so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done, provided that no variance shall be granted which authorizes a use which is not permitted by the underlying zoning. .120 Before any variance.may be granted, it shall be shown that the following . circumstances are found to apply: (1) That any variance granted shall not constitute a grant of special privilege, be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for pecuniary reasons alone; (2) Because of special circumstances applicable to the subject property, including size, shape, topography, location or surrounding, the strict application of the zoning ordinance is found to. cause a hardship and deprive the subject property of rights- and -priv4 -loges- enjoyed -by -other properties -in -- the- vicini -ty --and- corder a use or improvement otherwise allowed in the identical zone classification. Aesthetic considerations or design preferences without reference to restrictions based upon the physical charateristics of the property do not constitute sufficient hardship under this section; (3) The granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity and .zone in which the subject is:situated. 20.84.200 CONDITIONAL USES .210 Upon application, the Hearing Examiner may grant conditional use permits for such uses as set forth in this Ordinance. Conditional use permits shall be nontransferable unless said transfer is further approved by the Hearing Examiner. .220 Before approving an application for a conditional use permit, the Hearing Examiner shall ensure that any specific standards of the use district defining the conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location: (1) Will be harmonious and in accordance with the general and specific objectives of Whatcom County's Comprehensive Plan and zoning regulations. (2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. CHAPTER 20.84 (3) Will not be hazardous or disturbing to existing or future neighboring uses. (4) Will be serviced adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. (5) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental.to the economic welfare of the community. (6) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors. (7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (8) Will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. .225 Revisions to Conditional Use Permits The Hearing Examiner may approve revisions to conditional use permits provided that the proposed changes are within the scope and intent of the original permit. "Within the scope and intent of the original permit" shall mean the following: (a) Lot coverage and height may be increased a maximum of ten percent from the provisions of the original permit: Provided that revisions involving new structures not shown on the original site plan shall require a new permit, and: provided further that any revisions authorized under this subsection shall not exceed height, lot coverage, setback or anv other requirements of -.the regulations for the area in which the project is located; Landscaping may be added to a project without necessitating an located; (c) The use authorized pursuant to the original permit is not changed; No additional over water construction will be involved for shoreline conditional use permits; (e) No substantial increase in adverse environmental impact will be caused by the Project revision. CHAPTER 20.84 .230 Public Hearing Notice Upon the filing of an application for a variance or a conditional use permit by a property owner, or by a lessee, the Hearing Examiner shall set a time and place for a public hearing to consider the application as provided in his or her business rules. A written notice thereof shall be mailed to all property owners of record within a three hundred (300) foot radius of the external boundaries of subject property not less than twelve (12) days prior to the hearing. Further, signs meeting the approval of the Zoning Administrator shall be erected on each.frontage of the project site by the applicant not less than twelve (12) days prior to the. hearing for conditional uses.and variances. The application shall set forth the grounds and facts deemed :necessary to justify the granting of the variance or conditional use permit. .240 Appeals The Hearing Examiner shall have the authority to hear and decide, in conformity with this Ordinance, appeals from any order, requirement, permit decision or determination made by an administrative official in the administration or enforcement of. this Ordinance where more than one interpretation is possible, provided that such appeal shall be filed in writing within twenty (20) days of the action being appealed. .250 Fees (1) Each application for a variance shall be accompanied by a fee of.one hundre& dollars ($100.00) (plus : actual costs. of mailing and, when applicable, publishing notices of the hearing on the application). (2) Each application for a conditional use, or expansion of a nonconforming use, shall be accompanied by a fee of one hundred twenty -five dollars ($125.00) (plus actual costs of mailing and, when applicable, publishing notices of the hearing on the application). (3) Each simultaneous application for a variance and a conditional use (or expansion of a nonconforming use) for the same property shall be accompanied by a fee of one hundred twenty -five dollars ($125.00) (plus actual costs of mailing and, when applicable, .publishing notices of the hearing on the application). (Amended per WCC 20.04.080(1)(m)) (4) Each application for an appeal of an administrative decision to the Hearing Examiner shall be accompanied by a fee of thirty -five dollars ($35.00). (5) Each application for a home occupation permit shall be accompanied by a fee of thirty -five dollars ($35.00), except if a conditional use permit is needed only the conditional use fee shall be necessary. (6) Each application for surface mining of soils, sand, gravel and peat shall be accompanied by a fee of one hundred twenty -five dollars ($125.00). CHAPTER 20.84 .260 Date of Expiration The Hearing Examiner shall have the authority to fix a date of expiration of any or all approval, or conditions attached thereto, of conditional use permits, variances or expansions of nonconforming uses. PROCEDURES- EAR - GENERAL- MANUFAC- IFURIN6; -AND tIGHT- AND - HEAVY-- IMPAGIF- INDUSTRIAL DISTRICT APPLI6ATIONS 297867616 PURPOSE CHAPTER 20.86 The - purpose - -ef- this -- Chapter- is -bo- provide- a- prece�nra�- gttrde�rne- der- app�reants prepestng- uses - within -the -0 enera -l- Manufacturing,- - Light- er- Heavp- impact- indsstrra-I drstr� -cis- of-- Whstcem- Geuntp.- - - -in- addition, -- this- 8hapter -ts- intended -te- expedite pub�ie- review -of- industrial- appi rcatrens.--- kAmended- bp- WC- G- 29.-94.-989fl }Fh }} 29.86.lOO PREAPPLtOATION- GONPER£NOR Applicants- proposing - industrial- uses - within- the- -0enerat- Manufacturing; -- Light -er heavy- impact - Industrial- districts - shalt -be- encouraged -to- arrange- m- preappliention conferenee -with- the -- Zoning -- Administrator- -and -- representatives - -of -- the- Whatcom Oounty- Public -- Works, -- Engineering, - -- Planning -and- Health - departments,-- and - the -Fire Marshal }; -as- determined -by -- the - Administrator.-- - -In -- addition; - representatives -of state-- and-- federal -- agencies -- map - -be -- requested - -te -- attend -- the - preappiicatren conference -when- the - Environmental- .- Geerdinatien- Procedures- -Act;- and --other -state and - federal- - procedures- are - applicable.--- kAmended- by -WGG- 29.94.-989{1 }fh }} 20:867288 INITIAL- RHYIEW- REQUIREMENTS Te- -determine -- the - proposal zs -- coil{ ermance- i+ith-- 6M,-- LII- er -Hll- district- permitteel andfer- aeeessorp-- ases -- and -- requirements, - -- and - -te— determine -- whether -- the -SbPA process , --- Mtt�er -- Development -- Permit -- process; -- Shoreline -- Management - Program -and -- Subdtvisten- Regulations -- are - applicable, - -- the- izeniag -- Administrator- sha�i- request the - following- information -for -- initial- review -ef- each- applieatien� -- {1} Development- plans- for - the - proposed - industrial - use - including -- Fa} a- deseriptien -ef- the - proposed - useful; {b} .the - bulk -- and - dimensional -- specifications -ef -- all - buildings- andfer enclosed- storage - structures; {e} the - estimated- capital -pl ant- develepmentteenstructien- costs; {d} the- siters- propertp- cost -at- the -- current- assessed — value- according te- the - records -of- the- 8euntp- �4ssesser - -- {e} plans -in -- appropriate- detail -for- purposes -ef- initial - review -by -the Zoning-Admtnistrat-or--concerni:ng-the--fol-l-owi;ngt --- sewer-and-water for -- industrial: -- and -- domestic -- use; =- pollee -- and - fire- proteetron; drainage; -en- and -off- sate- eireulatien;- the -- number - and - arrangement of -- parking -- spaces;-- buil:ding,- -- structural- and- aecesserp- faeilitp placement -en -the -site; - and - landscaping; -and- { €} a -- statement - -of -- whether -- the -- site-- is-- eurrentlp -- available -for purchase -nr -- lease, --i+ ill - -be- required - to -be- subdivided,- -er- will -be developed -in- concurrence - frith- a- brndiag- site - plan.- -- CHAPTER 20.86 {2) written- reeemmendatien -on- -the -- proposed -- industrial-- pre�eet -- from -the Te�hni�al- 8emmittee - -tf- deemed- aeeessar�► -by -the- zoning- Admrarstrater.- -- f-!4mended-by- WEE- 3A- A4- A8Af� }fh }} 20:86 7300 ST ATE- RNVIRANMENTAL- PAhIEY -AOT Pursuant -tie -- the - State -- Environmental- Peliey -Act- {KEEN- 43 -21G- and- w�4E- 19� -10 },- -the project - appbean{- will -be- required -fe- submit- en- Enerrormental--Gheeklisf .- - - -If -the proposed - industrial- ctse- is- determreed- to- be- sub�eet- tee- tlie- SEP�4- proeess,-- t� -sha }} be-- adman ,istered - consistent- wi7th- the - State =SHPA- guidelines- and - the-- Whateem- Eeuntp SEPA- Ordinance - -- 20 786-. -400 SHOREhlNE- MANAGEMENT- PR68RAM Shen }d -- the - -- proposed -- industrial - -- rise-- be--- sttb�eet - -te -- Shoreline -- Management jurisdietten - -it- shall - -be -- administered -- pursuant - -te -- the -- Shoreline- Management Program-ef-Whateem-Eeunty--- 20 -86. -500 MAJOR- DEVELOPMENT- PERMIT 'Should- the --- proposed - industrial, -- use -be -- subject -te -- the - Major- Development - Permit proeess, - -it- shall -be -- administered-- pttrauant-= to-- fltapter- ?Ar88 - -ef -- the- Affieia} Whateem- Eounty- �er�ing- Ardinanee: -= 207867600 SUBDIVISION- REGULATIONS Should-- parcel -- subdivision - -be-- required, - - -it -- shall -be- administered- pursuant -te Title2lof the- WhateomEountyfioe�efSubdivrston- Regulations }. -- 20.-86 700 BINDING - SITE -PLAN Should- the - proposed - industrial- use -be- developed -as -a- path -ef -a- binding- site -plan- it -- shall - -be -- administered -- pursuant - -te -- Title- 2l - -of -- the-- Whateem- 6eunty -Eerie {Subdivision - Regulations } - and- additrona�- requirements; as- applicable: -- MAJOR DEVELOPMENT PERMITS 20.88.010 PURPOSE CHAPTER 20.88 To establish standards and procedures that will provide for special review of those projects or developments that because of their magnitude and impact will lend to affect the public at large. 20.88.100 MAJOR DEVELOPMENT PERMITS 110 All major developments shall, prior to any construction, obtain a major development permit. .120 A major development is defined as any development or project for which an Environmental Impact Statement (EIS) is prepared, as prescribed by County Ordinance implementing the State Environmental Policy Act, . and which has a development /construction cost approved by the Building Official, including the property cost at current assessed value according to the records of the County Assessor, exceeding two million dollars, established as of the date of earliest application. .130 The major development permit shall be issued by the County Council when the applicant has established that the proposed major development: (1) Will comply with'the development standards and performance standards of the zone in which the proposed major development will be located, and WCC 20.86.800 for uses within the LIID or HIID zone district; provided where a proposed major development.has obtained a variance from the -- development and performance standards, standards as varied shall be applied to that project for the purposes of this act. (2) Where the project is conditionally permitted in the zone in which it is located, the project must satisfy the standards for the issuance of a conditional use permit for the zone in which the project.is located. (3) Will be consistent with applicable laws and regulations. (4) Will not substantially interfere with the operation of existing uses. (5) Will be served by,. or . will be provided with essential utilities, facilities and services necessary to its operation, such as roads, drainage facilities, electricity, water supply, sewage disposal facilities, and police and fire protection. Standards for such utilities, facilities and services shall be those currently accepted by the State of Washington, What.com County, or the appropriate agency or division thereof. (6) Will not impose uncompensated requirements for public expenditures for additional utilities, facilities and services, and will not impose incompensated costs on other property owned. (7) Will be appropriately responsive to the EIS prepared for the project. .140 In addition, the County Council may impose any reasonable conditions precedent to the establishment of the major development as may be required CHAPTER 20.88 to mitigate impacts of the proposal on the natural environment of the county, and to protect the health, safety and general welfare of the people of the county consistent with the policies for environmental protection set forth in the Comprehensive Plan. 20.88.200 PROCEDURE .205 The Responsible Official for any development, as defined by the Whatcom County'Ordinance implementing the State Environmental Policy Act (SEPA), shall determine whether or not a major development permit is required for a proposed project. .210 If a major development permit is required, the applicant shall obtain from the Department Bureau of Buildings and Code Administration a standard application form. .21.5 The application shall be completed and filed with the Planning- Department Bureau of Buildings and Code Administration... After the application has been accepted, the Planning Department shall proceed with the preparation of an EIS consistent with the County Ordinance implementing SEPA. After the issuance of the draft EIS, the SEPA Responsible Official shall forward the EIS and application to the Hearing Examiner. .220 The Hearing Examiner shall, within sixty (60) working days after receipt of the application and EIS, hold a public hearing on the project. The Hearing Examiner may continue public hearings at his or her discretion, and notice is not required for the subsequent continued public hearings. .225 A written notice of the scheduled public hearing shall be mailed to all property owners of record within a three hundred (300) foot radius of the external boundaries of the subject property, not less .than twelve (12) days prior to the hearing. Also notice of the hearing shall be published in a newspaper of general circulation in the area of the proposed project at least ten (10) days prior to the public hearing. Notice shall consist of time and date of hearing, and brief description of the property and the _ :•i•....�u pruject. Further, signs meeting the approval of the Zoning shall be erected on each frontage of the project site by the applicant not less than twelve (12) days prior to the hearing. 230 The recommendation of the Hearing Examiner shall. be based upon the criteria set forth in Section 20.88.130(1) through (7). .235 Within ten (10) working days, after the Hearing Examiner's recommended decision has been filed, the County Council shall do one of the following: (1) Refer the project to the Planning Commission for additional public hearings and a recommendation. (2) Make a final decision on the application based on the recommended decision of the Hearing Examiner with such modifications as the Council deems appropriate. (3) Set the project. application for their own public hearing. CHAPTER 20.88 .240 If the project is referred to the Planning Commission, that body shall within thirty (30) days hold all necessary public hearings and file with the County Council a written recommendation for approval or denial and may include conditions of approval, together with the findings upon which the recommendation is based. The.applicant may waive the thirty (30) day time limitation.. .245 A written notice of the public hearing before the Planning Commission or the County Council shall be mailed to all parties of record, on file with the Clerk of the County Council not less than seven (7) days prior to the hearing. .250 The recommendation of the Planning Commission shall be based upon the criteria set forth in Section 20.88.130(1) through (7). .255 Upon re.ce:ipt of the Planning Commission recommendation, the County Council shall within thirty -five (35) working days make a final decision on the application based on the recommended decisions of the Hearing Examiner and Planning Commission, or shall within fifteen (15) days set their own public hearing on the application, or shall within ten (10) days set their own public hearing on the application. .260 Any public hearing before the County Council shall be held within twenty (20) working days of filing of the recommendation from the Planning Commission or the recommended decision from the Hearing. Examiner, whichever is filed last. .265 Within thirty -five (35) working days after the last public: hearing, the County Council shall issue a final written decision including conditions when the project is approved and stating the findings of fact upon which the decision is based. .270 Any public hearing before the County Council or Planning Commission may be limited in scope to particular issues or problems at the discretion of neither body. .275 In making their decision, the County Council shall apply the criteria set forth in Section 20.88.130(1) through (7). .280 Where a project requires a Major Development Permit, that project shall be exempt from the requirement of obtaining a Conditional Use Permit. .285 Major Development Permits - Where an applicant has applied for a Planned Unit Development, that project shall be exempt from the requirement to obtain a Major Development Permit. (Amended per WCC 20.04.080(1)(x)) HEARING EXAMINER 20.92.010 PURPOSE CHAPTER 20.92 The purpose of this Chapter is to provide a system of considering and applying regulatory devices which will best satisfy these three (3) basic needs: (1) Need to separate the application of regulatory controls to the land from planning. (2) The need to better protect and promote the interest of the public and private elements of the community. (3) The need to expand the principles of fairness and due process in public hearings. 20.92.100 HEARING EXAMINER OFFICE .110 Creation and Purpose The office of Hearing Examiner is hereby created. The Hearing. Examiner shall act on behalf of the County Council in considering the application of regulatory enactments to particular situations as provided herein. .120 Deputy Hearing Examiner The Deputy Hearing Examiner shall assist the Hearing Examiner in the performance of the duties conferred upon them by this Ordinance, and shall have all of the duties and powers of the Hearing Examiner. .130 No Interference With The Hearing Examiner No county official or any other person shall interfere with the Hearing Examiner or Deputy Hearing Examiner in the performance of his or her designated duties. .140 Qualifications The Hearing Examiner and his deputy shall be appointed solely with regard to their qualifications for the duties of their office, and shall have such training or experience as will qualify them to conduct administration of quasi- judicial hearings on the application of regulatory enactments and to discharge other functions conferred upon them, and shall hold'no other appointed or elected public office or position in the county government, except as provided in this Ordinance. CHAPTER 20.92 .150 Appointment and Removal The Hearing Examiner shall be appointed by a majority vote of the County Council. The Hearing Examiner may be removed from office at any time by an affirmative vote of not less than two - thirds (2/3) of the members of the County Council. (Amended per WCC 20.04.080(1)(g)) 20.92.200 HEARING EXAMINER - DUTIES AND POWERS .205 Recommended Decisions The Hearing Examiner shall conduct public hearings and prepare a record thereof, and make recommendations to the County Council for approval or disapproval of: (1) Major development permits. (2) Such other permits as may be required from the county along with (1) or (2) for a given project. Applications where a major development permit is required shall be processed in the same manner as a major development permit, and all other permits shall be processed in the same manner as subdivisions. (Amended per WCC 20.04.080(1)(q)) .210 Final Decisions The Hearing Examiner shall conduct public hearings and prepare a record thereof, and make a final decision upon the following matters: (1) Appeals from the decision of the planner or Technical Committee as set forth in Whatcom County Code 21.28 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 Master Program. (4) Applications for Zoning Ordinance conditional use permits. (5) Applications for variances.from the terms of the Zoning Ordinance. (6) Applications for planned unit developments. (7) Applications for shoreline management substantial development permits. (8) Applications for variances from the terms of the Whatcom County Shoreline Management Program. CHAPTER 20.92 (9) Applications for Shoreline Management Program conditional use permits. (10) Applications for flood damage prevention variances. (11) Appeals from declarations of significance and final declarations of nonsignificance. (12) Preliminary plats of proposed subdivisions including subdivision variances for subdivisions of five (5) or more lots. (Adopted per WCC 20.04.080(1)(q)) 13 Application for variances from the provisions of Title 22. .215 Public Hearing Notice Notice of the time and place of the public. hearing shall be given as provided in the ordinance governing the application. .220 Public Hearing - SEPA The Hearing Examiner shall hold a public hearing and prepare a record thereof for any public hearing held pursuant to WAC.197--8 -480 11 -535 and Section 16.08.170 of the Whatcom County SEPA Ordinance. The record of the hearing shall be forwarded to the Responsible Official together with a summary of the environmental concerns raised in the hearing. .225 Rules and Regulations The Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of hearings before him, subject to approval by the County Council; and also to issue summons for and compel the appearance of witnesses, to administer oath.and preserve order. The opportunity of cross - examination of witnesses shall be afforded all interested parties or their council in accordance with the rules of the Hearing Examiner. .230 Department Reports Upon request of the Hearing Examiner, county departments shall submit reports and recommendations concerning any matter before him. County departments may at their discretion submit a report and recommendation on any other application or appeal. At least seven (7) days prior to the scheduled hearing, the report and recommendation should be filed with the Hearing Examiner and shall be made available to any person. .235.Changes in Legislation The Hearing Examiner may recommend changes in legislation to the Planning Department or County Council. CHAPTER 20.92 .240 Additional Powers The Hearing Examiner may also exercise administrative powers and such other quasi - judicial powers as may be granted by the County Ordinance. .245 Limited Jurisdiction The Hearing Examiner shall have no jurisdiction over any project that requires a legislative action, such as but not limited to a rezone, a comprehensive plan map change or a Shoreline Management Act Master Program Amendment. All such projects shall be considered and processed concurrent with and in the same manner as applications for legislative action. The approval or denial of such projects shall be solely within the discretion of the County Council. 20.92.300 RECOMMENDED DECISIONS TO COUNTY COUNCIL .310 Recommended Conditions - Subdivision Applications The Hearing Examiner's recommendations may be to grant or deny any subdivision application, or the Hearing Examiner may recommend that the County Council approve the application with such conditions, modifications or restrictions as the Hearing Examiner finds necessary to make the application compatible with its environment; and carry out the objectives and goals of the Comprehensive Plan, the Zoning Code, the Subdivision Code; or any other official policies and objectives of Whatcom County. .320 Recommended Decision - Findings and Conclusions Each recommended decision of the Hearing Examiner, for major developments and subdivisions, shall be in writing and shall include findings and conclusions, based upon the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision carries out and conforms to the county's Comprehensive Plan and complies with the applicable statutes, ordinances or regulations. .330 Filing Recommended Decision Each recommended decision of the Hearing Examiner, for major developments and subdivisions, .shall be filed with the Clerk of the County Council. For major development permits, a list of the parties of record as determined by the Hearing Examiner should be filed with the recommended decision. 20.92.400 FINAL DECISIONS .410 Final Decision Conditions - Applications and Appeals The Hearing Examiner's final decision on all applications or appeals shall either grant or deny the application or appeal.. The Hearing Examiner may grant the application or appeal subject to conditions, modifications or restrictions that the Hearing Examiner finds necessary to make the CHAPTER 20.92 application compatible with its environment, and carry out the objectives and goals of the Comprehensive Plan, the Zoning Code, the Subdivision Code, or other official policies and objectives of Whatcom County. Performance Bonds or other security, acceptable to the Prosecuting Attorney, may be required to ensure compliance with the conditions, modifications and restrictions. .420 Final Decision - Findings and Conclusions Each final decision of the Hearing Examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. .430 Time Limitation on Decision Each final decision and recommended decision of the Hearing Examiner, unless a longer period is mutually agreed to in writing by the applicant and the Hearing Examiner, shall be rendered within ten (10) working days following conclusion of all testimony and hearings. .440 Review Limited No final decision of the Hearing Examiner shall be subject to administrative or quasi - judicial review, except as provided herein. 20.92.500 PROCESS FOR SUBDIVISION APPLICATION AND MAJOR DEVELOPMENT PERMITS .510 Subdivisions The County Council shall process each recommended decision for subdivisions, consistent with the procedure set forth in WCC 21.20.100. .520 Major Development Permits The County Council shall, upon receipt of the recommended decision on a major development permit, process that recommendation in the manner set forth in the major development permit.chapter of this Ordinance (WCC 20.88). 20.92.600 APPEAL TO COUNTY COUNCIL .610 The applicant, any party of record or any county department may appeal any final decision of the Hearing Examiner to the County Council. .620 The appellant shall file a written notice of appeal within ten (10) days of the final decision and shall serve notice of appeal upon all opponents of record, or applicants, as the case may be. A fee of one hundred dollars ($100.00) shall be paid to the Bureau of Buildings and Code Administration upon filing of any appeal; provided the appellant shall also pay a tran- script deposit fee and, upon completion of the transcript, an additional fee equal to the cost of the transcription. These fees shall not apply to appeals initiated by a county department. CHAPTER 20.92 .630 Transcript (1) Upon receipt of the notice of appeal and seventy -five dollar ($75.00) transcript deposit fee, the Office of the Hearing Examiner shall forward immediately the notice of appeal to the Clerk of the Council; and shall upon receipt of the transcription fee, file a written transcription of the public hearing as soon as possible, together with the entire record of the case, with the County Council; provided that, all parties of record and the County Council agree, a summary of the facts or an abridged transcript may be substituted. A request for a summary of the facts or abridged transcription shall be in the form of a petition to the County Council. (2) A copy of the record of appeal shall be sent to the appellant and copies shall be made available to all parties at a cost to be fixed by the Hearing Examiner in the business rules. .640 Written Argument (1) The appellant shall file a statement containing the appellant's basis for appeal and argument. The statement and argument must be filed in writing within fifteen (15) days of the filing of the record with the Clerk of the County Council. (2) Any argument or response by any person or entity opposing the appeal must be filed in writing within ten (10) days of filing of the appellant's written argument. .650 Time Limitation on County Council Within thirty -five (35) days after the filing of the respondent's written argument, the County Council shall issue a written decision together with findings of fact and conclusions of law. This time limitation shall not apply when a remand procedure is initiated. .660 Appeal on Record The decision of the County Council shall be based solely upon the record and the written argument that has been submitted by the parties. Oral argument may be scheduled at the discretion of the County Council. 20.92.700 REMAND TO HEARING EXAMINER . .710 The County Council may within its discretion remand the case back to the Hearing Examiner, if the Council finds: (1) That new evidence is available that could affect the outcome of the case and was not available at the first hearing. (2) That the record, in whole or in part, is not sufficient for the Council to make a reasoned decision on the appeal. CHAPTER 20.92 (3) That the decision of the Hearing Examiner should be reversed and that �. additional information is necessary before a final decision can be made. .720 Remand Order The remand shall be in the form of a written order and shall state the specific areas to be considered by the Hearing Examiner at the remand hearing. The remand hearing shall be limited to the specific areas of concern stated in the remand order from the County Council. .730 Public Hearing Notice Upon receipt of the remand order, the Hearing Examiner shall set the matter for public hearing. Such hearing shall be expedited to the extent that is practical, not to exceed twenty (20) working days from receipt of the remand order. Notice of the hearing shall be given to the applicant and all parties of record by mail at their last known address. No other notice is required. .740 Filing of Information The Hearing Examiner shall file the information requested in the remand order with the Clerk of the County Council as soon as possible but not to exceed fifteen (15) working days from the date of the hearing. .750 Final Decision of County Council The County Council shall, within twenty -one (21) working days of filing of the information from the remand hearing, issue their final written decision together with findings of fact and conclusions of :law. 20.92.800 COUNTY COUNCIL FUNCTION IN HEARING EXAMINER PROCESS .810 Reversal or Hearing Examiner Decisions The County Council shall affirm the decision of the Hearing Examiner unless a majority of the entire County Council finds that the decision of the Hearing Examiner is: (1) Based upon an error of law, or (2) Clearly erroneous on the entire record. .820 Conditions The County Council may, where their decision results in project approval, impose, modify or delete conditions upon the license, permit approval, variances or appeal, consistent with WCC 20.92.310, and may exercise the powers granted therein. The decision of the County Council shall be final unless appealed in the same manner as appeals from the Board of Adjustment to Superior Court, pursuant to RCW 36.70.890. .830 No Interference With The County Council No individual or county official shall interfere with interfere with the individual Council members of the Count y execution of the quasi- judicial duties they have assumed, Ordinance. (Section 20.92 amended 8/27/84 per WCC 20.04.080(1)(i)) CHAPTER 20.92 or attempt to Council in the pursuant to this CHAPTER 20.95 SEVERABILITY Should any chapter, section, clause or provision of this Title be declared by a court of competent jurisdiction to be. invalid, such decision shall not affect the validity of this Title as a whole.or any part thereof., other than.the part so declared to be.invalid. CHAPTER 20.97 DEFINITIONS .001 Certain terms and words used -in this Ordinance are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. .003,ACCESSORY APARTMENT. An accessory apartment is a separate complete residential unit designed for occupancy by a family with one or two members that is substantially contained within the structure of a single- family unit and with internal access between units. .005 ACCESSORY USE. A use customarily incidental to a permitted use, provided that such use shall be located on the same lot as the permitted use except where specifically permitted elsewhere in zoning district regulations. .010 AGRICULTURE. The use of land for farming, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The keeping of stock animals, rabbits and domestic fowls shall conform to the additional lot area requirements of the respective zoning district classification. .015 ANIMAL UNITS. In terms of wastes produced, 10 animal units are equal to 10 head of beef cattle, 7.dairy cattle, 2,900 broiler chickens, 15 horses, 1,800 laying hens, 550 turkeys or 120 sheep. 758 - anima- units; -in- terms -of --d scharges --of PC -14ttt ts- is equival -to 750- beef -- animas; -- 525 - mature -- dairy — cattle- {whether - milkers -or- dry -eoma 7;500- sheep;- 75;80A- laying- heria —or broilers—when --fee iiity -- has- un- 1imited cantimtoua-- fief+-- Matertng —a , , -- �- v=oiiere; -when raze --3T5- horses;-- or- �$'F5- swine weighing- over- 55- pofands- Animal units shall be calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing greater than 55 pounds multiplied by 0.4, plus the number of sheep or lamb multiplied by 0.1, plus the number of horses multiplied by 2.0, plus the number of ducks multiplied by 0.2, plus the number of hens or broilers (if the facility has continuous overflow watering) multiplied by 0.01, plus the number of hens or broilers (if the facility has a liquid manure handling system) multiplied by 0.33. .020 AVERAGE GRADE LEVEL. The average of the natural or existing grade on that part of the lot to be occupied by the building or structure measured by averaging the grade levels at the extreme points or corners of the building or structure. .025 BARN. A barn shall be any housing for horses, cows, steers, sheep, goats or similar large animals. Any housing for rabbits, domestic fowl or similar animals in excess of those permitted outright will also constitute a barn. CHAPTER 20.97 .027 BED AND BREAKFAST ESTABLISHMENT. Any privately -owned dwelling in which, for compensation, one or more persons, either individually or as families, are housed or lodged for periods of less than one month as transients with limited food service. .028 BED AND BREAKFAST INN. A bed and breakfast establishment offering three (3) or more sleeping units. .030 BILLBOARD. Any off -site sign owned by a third party used as an outdoor display for the purpose of making anything known, for the use of which a charge is made for advertising thereon. .035 BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy as defined in the.Uniform Building Code. Mobile homes as defined in this chapter are excluded from this definition. .040 BUILDING HEIGHT. The.vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building . when such a sidewalk or ground surface is not more than ten (10) feet above lowest grade. 2. An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in Item 1, above, is more than ten (10) feet above lowest grade. The height of a stepped or. terraced building is the maximum height of any segment of the building. Mobile homes shall also meet these building height standards. EXCEPTIONS: Towers, 'spires, steeples and cupolas erected as part of a building and not used for habitation" or storage may exceed the maximum building height in any zoning district by twenty (20) feet; additional height may be approved by conditional use permit. (Amended per WCC 20.04.080(1)(s)) .045 BUILDING LINE. A straight line which touches that portion of a building closest to the road upon which the lot fronts, and which intersects the two side lot lines at angles as close as possible to 90 degrees. .050 CAMPGROUND. Any parcel or adjacent parcels of land in the same ownership, either public or private, which provides sanitary facilities and spaces for pitching tents for short -term occupancy of a transient, recreational nature. A private camping club is included within this definition. Those campground facilities which also provide parking for three or more recreational vehicles are considered recreational vehicle parks. (Amended per WCC 20.04.080(1)(h)) .055 CLUSTER HOUSING. A group of.dwelling units on a suitable site, designed in such a manner that the amount of usable open space per unit is equal to or CHAPTER 20.97 exceeds the open space requirements for conventional development under the pertinent zoning district standards. Cluster housing may include either attached or detached housing or both. 7060 OOELEC3TOR- ARTERI- AL- - -lleo-l-lector- arteria&u- mean -a- road -- connecting- neighbor- hoods-or- rural- areas - with- community - centers- and - facilities; -or- connecting -to another - public- road -of -- equal --or -- greater -- classification. - - -- -The- collector arterial - also -may - provide - direct - access- to- ad�aeent- properties- .065 COMMISSION. Means the Planning Commission of-Whatcom County. .070 COMMUNITY CENTER. Land and /or building(s) owned by a public agency or private nonprofit entity used for social, civic, educational or recreational purposes, which serves mainly the community where located; including but not limited to community halls and clubs centers, grange halls, senior citizen centers, teen centers, youth clubs, field houses and churches. The facili- ties are available for occasional public meetings. They may also have the minimal kitchen facilities required for occasional banquets. Private clubs as defined in this Ordinance are not included. .075 CONDITIONAL USE. A use permitted only after "public" review and approved by the Hearing Examiner, and to which "special" conditions may be attached by the Hearing Examiner. 080 CONFINEMENT FEEDING OPERATION. Any livestock or poultry operation whose population exceeds two animal units per acre, considering the entire acreage of the farm unit other than the homesite. .085,CONVENIENCE RETAIL SHOP. A food store designed and intended to serve the daily or frequent needs of the residential population living primarily within one mile of the shop. The food store may sell nonfood items such as household supplies, drugs and items for personal hygiene, but may not dispense gasoline or provide other service for automobiles. .090 COUNTY COUNCIL. The County Council of Whatcom County. .095 DEPARTMENT. The Planning Department of Whatcom County. .100 DOCK. A platform structure or anchored device in or floating upon water bodies to provide moorage for pleasure craft or landing for water - dependent recreation including but not limited to floats, mooring buoys, swim floats, .float plan moorages, covered moorages and water ski jumps. Launching ramps are excluded. .105 DWELLING UNIT. A building or-- portion- thereof -- providing - separate- eookiag- eating- -aleeping, - -- sanitation, -- and-- litliag- facilities - for -one- family -and -its resident - domestic- employees -if -any.- , or portion of a building or modular manufactured housing unit that is constructed or installed on a permanent foundation and designed for long-term human habitation, which has facilities for cooking, eating, sleeping, . toilet and bathing for use by one family (including resident domestic employees); the term does not include tents, campers, recreational vehicles or travel trailers. .110 DWELLING, SINGLE - FAMILY. A detached building—constructed -on -a- permanent foundation, - designed — For long habitation— exclusively - by-one CHAPTER 20.97 family; -- having-- eomg }ete-- �tviag— faei�Ytes— and- eonatntYag- oard�Yng unit.- residential unit permanently installed and served with utilities. .115 DWELLING, TWO- FAMILY (DUPLEX).A-- deaehed-- bsr�drng-- deargnee� - -- for - -emd OCCUpied-CXC�t2�iVC�p- by-�il0- -�ffiIY�tC�- �ll�- -COl tit• t' tl it•Y12g - kilo- dge��Ylig- TlltY�J- Two residential units attached by a common wall, usually with outside entrances for each unit; the single building designed for occupancy by two families. .120 DWELLING, MULTIPLE- FAMILY. A sin le building designed-for--and-occupied-by three - -ar-- more- -famil es 9 - with --the --rimer of-- zap =tes -tn -. idence -not exceeding- the - number- of- dweil:ing- an its - provided: -A muitip4e- fami itng may- -be; -- bat - -i9 -- not -- limited- , es,,-- apartmenta;— condominiums; townhouses -or- cooperative -- residences.- containing three or more attached residential units. .122 EXTRACTION, COMMERCIAL., Extraction of sand or gravel or both from a site when the primary purpose of extraction is to obtain the minerals for road construction, building construction, ready -mix, re -sale or other uses in which the minerals will be processed. (Adopted per WCC 20.04.080(1)(bb)) .123 EXTRACTION, NONCOMMERCIAL. Extraction of sand or gravel or both from a site when it is incidental to a• primary use, when it is intended to enhance agricultural productivity and when it will facilitate more uniform management of agricultural land. (Adopted per WCC 20.04..080(1)(bb)) .124 FABRICATION. Fabrication shall mean the manufacturing from standardized parts of a distinct object differing from the individual components. (Adopted per WCC 20.04.080(1)(h)) .125 FAMILY. One or more persons occupying a single dwelling unit provided that unless all members are related by blood or marriage, such family shall not contain over five (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a.family or families. .130 FAMILY DWELLING. Any building designed for and occupied by any person or family established or tending to establish a legal residence or acquiring a legal settlement for any purpose upon the premises so occupied. .135 FEEDLOT. A concentrated, confined animal or poultry operation for production of meat, milk or eggs; or stabling in yards, barns, pens or houses; wherein animals or poultry are fed at the place of confinement, and crop or forage growth or production is not sustained within the place of confinement.. .140 FLOOR AREA OF A NONRESIDENTIAL BUILDING (to be used in calculating parking requirements). The floor areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and similar areas. .145 FLOOR AREA. The sum expressed in square footage of the gross horizontal area of the floor or floors of the building, measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and areas having a ceiling height of seven (7) feet or more, but CHAPTER 20.97 excluding roofed areas open on two (2) or more sides, areas having a ceiling height of less than seven (7) feet and areas used exclusively for storage or - housing of mechanical or central heating equipment. (Adopted per WCC 20.04.080(1)(a)) .150 FLOOR AREA RATION (FAR). Floor area ratio is the square footage of the building divided by the square.footage of the area of the site the building is to be located on. (Adopted per WCC 20.04.080(1)(a)) .155 FOREST INDUSTRIES. The growth, harvest and management of timber, associated forest practices and the manufacture of wood products. .160 FOREST PRODUCTS. Products obtained from stands of forest trees which have been either naturally or artificially established. .162 GRADE (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a.line five (5) feet from the building. (Adopted per WCC 20.04.080(1)(s)) .165 GROCERY STORE. A place of business engaged in selling to the public items generally used in and .around homes including foods, drinks, medical aids, school supplies, papers, magazines and other household items. .170 GROSS DENSITY. The. number of dwelling units per unit of area. Gross density shall be computed based on the total area.of -the parcel of record and shall include the area of adjoining road rights - of-way if the parent parcel is five (5) acres or greater; however, adjoining road rights - of-way shall be excluded for parent parcels of less than five (5) acres. .175 HEARING EXAMINER. The Hearing .Examiner of Whatcom County (refer to Chapter 20.92 of the Whatcom County Code). .177 HIGH TRAFFIC GENERATOR. High traffic generator shall mean those land use activities allowed in a district which is anticipated, to generate either more traffic or heavier vehicle types than by the use described in the title of the zone district. (Adopted per WCC 20.04.080(1)(h)) .180 HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that: (1) No person, other than family, residing on the premises shall be engaged in such occupation. (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty -five percent (25 %) of the usable floor area of the dwelling unit shall be used in the conduct of the home occupation. (3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four (4) square feet in - area, nonilluminated and mounted on the property. CHAPTER 20.97 (4) No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off - street parking requirements as specified in this Ordinance and shall not be located in a required front yard. (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lots, if the occupation is conducted in a single - family residence or outside the dwelling unit if conducted in other than a single - family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises. .185 HOTELS. Any building containing six (6) or more rooms intended or designed to be used, rented or hired out, or to be occupied for sleeping purposes only by transients. .187 INDUSTRIAL PARK. A tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses with special attention to circulation, parking, utility needs, aesthetics and compatibility. (Adopted per WCC 20.04.080(1)(h)) .190 INSTITUTIONAL USES. Schools, colleges, libraries, fire stations, buildings necessary for government, community centers, nursery or day -care facilities, hospitals and clinics, retirement homes, convalescent centers, rehabilitation homes, post offices, public museums and art galleries. Private clubs are excluded from this definition. .195 LAUNCH RAMP. An inclined slab, set of pads, or planks; or graded slope used for launching boats with trailers, or occasionally by hand; extensive parking and turn - around areas are usually required. .200 LEWD MATTER OR LEWD.. Is synonymous with "obscene matter" and means any matter: (1) which the average. person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (2) which depicts or describes patently offensive representations or descriptions of: (a) Ultimate sexual acts, normal or perverted, acted or simulated; or (b) Masturbation, excretory functions, or lewd exhibition of the genital or genital area. Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value. ?05 LOADING SPACE, OFF - STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery trucks expected to be used and accessible to such vehicles when required off - street parking spaces are filled. Required off - street loading spaces are not to be included as off - street parking space in computation of required off - street parking space. All off - street loading spaces shall be located totally outside of any street or alley right -of -way. CHAPTER 20.97 . 210, L�WAL-A WE66-- 6TREBT--- A- nei-ghberheed -- street - wily low- traffic- wh*we -pri -eery functren-is-to- provide - direct - access -to- adjoining- preperties7 .215 LOT CLUSTERING. A method of aggregating permitted densities on smaller tracts or areas within a-larger defined area for the purpose of creating economical building lots with spatially efficient sizes, reducing development cost, increasing energy efficiency and reserving areas of land that.are..suitable for .:agricultural.,.,forestry, open space or other future - approved development purposes. .217 LOT COVERAGE. The percent of a lot or parcel which is, or will be, covered by all structures located thereon. Coverage is determined by measuring areas covered by .a weather tight roof. .220 LOT OF RECORD. A lot which is described by final plat, short plat, or metes and bounds, and is established pursuant to applicable local and state regulations.at the date a legal instrument creating the lot is recorded at the Whatcom County Auditor's Office. .223 MANUFACTURING. Manufacturing shall mean establishments engaged in the mechanical or chemical .transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. (Adopted per WCC 20.04.080(1)(h)) .225 MARINA. A wet moorage and /or dry storage facility for pleasure craft and /or small to moderate sized commercial craft where goods or services related to boating are sold commercially. Launching facilities and covered moorage may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership. .240 MINIMUM LOT SIZE. That portion of total parcel area which is determined to be usable for the purpose. of creating a building lot, pursuant to all applicable Whatcom County regulations. Parcels of five (5) acres or.greater may be regarded as nominal and may be measured to the center of proposed and bounding roads; however, parcels of less than five (5) acres shall exclude those portions of lot area devoted for access, including all access easements, and easements not usable to the present or future surface owner of the parcel. 7245 Mi N0R -- X48@ ES9-- 6TREET7-- 11Miner-- aeeess-- streetn means -permanent- cul- de -secs- loops-- streets -and- other- loeai- service- streets- serving-- a- ]imited -- number -of dwelling- units.- .250 MOBILE HOME. A dwelling designed for long -term human habitation by one family and having complete living facilities; constructed and fabricated into a complete unit at a factory and capable of being transported to a location of use on its own chassis and wheels; identified by a model number and serial number by its manufacturer and designed primarily for placement on an impermanent footing. A unit which was originally built as a mobile home but which has substantially lost its mobility through being placed on a permanent footing, and which wholly meets state standards for such units, shall not be considered to be a mobile home and shall be treated as a single - family dwelling for the purpose of this Ordinance only when it is fixed to a permanent footing and tongue and axle have been.removed and .skirting installed. CHAPTER 20.97 .255 MOBILE HOME PARK. Any parcel or adjacent parcels of land in the same ownership which is utilized for occupancy by more than two mobile homes. This term shall not be construed to mean campgrounds, recreational vehicle parks or tourist facilities for camping. .260 MOTEL. A group of attached or detached buildings containing individual sleeping units, with or without cooking or kitchen facilities, with at least one parking space for each unit located on the same premises, all for the temporary use by tourists and transients. This term includes auto courts, tourist courts, motor lodges and resort cabins. .265 NEIGHBORHOOD COLLECTOR. "Neighborhood collector" means a road whose function is to collect traffic from neighborhood streets which connect two or more neighborhoods. A neighborhood collector may also provide direct access to adjacent properties. .270 NONCONFORMING USE. A building or premises occupied by a use that does not conform with the regulations of the use district in which it is situated. .271 NONINDUSTRIAL BUILDINGS. Those buildings allowed within an industrial district that house those uses contained within the category of public uses, or the category of restaurants, cafes and cafeterias. 273 NONRESORT- ORIENTED HOTEL OR MOTEL. Those hotels or motels which .only provide for the primary activities associated with such facilities. (Adopted per WCC 20.04.080(1)(a)) .275 OPEN SPACE. Any parcel or area of land or water not covered by structures, hardsurfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this Title or other county ordinance and set aside, dedicated, active or passive recreation, visual enjoyment or developed limitations of unsuitable land areas. For purposes of this Title, not more than a total of fifty percent (50 %) of the required open space for a proposal may be provided in required perimeter setback area, unbuildable land area or water surfaces. Tidelands or shorelands shall not be considered open space unless specifically authorized. (Amended per WCC 20.04.080(1)(h)) .280 ORDINARY HIGH WATER MARK (OHWM). On all lakes, streams and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971 or as it may naturally change thereafter; provided that in any area where the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. .285 PARK. Private or public areas of land with or without buildings, designated for active or passive recreational uses. This includes athletic fields with unenclosed spectator seating facilities. .290 PARKING SPACE, OFF- STREET. For the purpose of this Ordinance, an off - street parking space shall consist of an area adequate for parking an CHAPTER 20.97 automobile with room for opening doors on both sides, together with properly. related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right -of -way. .295 PERMANENT FOUNDATION. Shall mean a foundation constructed of masonry, concrete or treated wood in conformance to the requirements of the Uniform Building Codes, and shall extend below the frost line or other method as accepted by the Building Official. .300 PERMITTED USE. A principal use of a site allowed as a matter of right in conformance to applicable zoning, building and health codes, and not subject to special review or conditions under this Ordinance beyond those specifically set forth in zoning district regulations. .305 PLANNED UNIT DEVELOPMENT (PUD). One or a group of specified uses, such as residential, resort, commercial or industrial, to be planned and constructed as a unit. Zoning or subdivision regulations with respect to lot size, building bulk, etc., may be varied to allow design innovations and special feature in exchange for additional and /or superior site amenities or community benefits. —10 PRIMARY- ARTFRIAL - - -A- road - connecting -- two --or- more- t-mms-- or- eomuni#ies, - -or connecting-tovo-- highways- of-- egt�airor- greater- eapaeity- to- a- iarg�e- sand- area,- aa- e�etermined -by- the- @or�nty- Engineer:- - -�4 -- mayor- arteriai -- may- aiso -- serve -a Large- traffic -- generator- fe_g____�_rndt�atriai- area } - and - perform -a- secondary fanetron- of- provie�rag- iocei- aeeeas- .315 PRIVATE CLUB. Land and /or building that is privately owned and normally restricted from use by the general public, and which is operated as an assembly area by and for a nonprofit organization, society, lodge, fraternity, yacht club or similar entity. The facility may or may not feature eating,, drinking, dancing or similar activities. 318 PROFESSIONAL OFFICE. A room or group of rooms used to conduct the business of a profession, business, service, government or other organization, but excluding those uses which are primarily retail, wholesale or other than. clerical in nature that have offices as part of their operation. .320 PROHIBITED USE. A use not allowed to be constructed or developed; provided that existing uses may be continued as provided in WCC 20.83. .325 PUBLIC AND PRIVATE PARKS, PLAYGROUNDS, CAMPGROUNDS AND GOLF GROUNDS. Areas of land with or without buildings designated for recreational uses. .327 PUBLIC RECREATION. Public recreation shall mean those recreation facilities developed and maintained by any department or branch of the Federal, State or local government, or special purpose district created for the purpose of providing recreation facilities, and such facilities shall be used for public purposes. (Adopted per WCC 20.04.080(1)(h)) 329 PUBLIC SEWER. For land use planning purposes, a system intended to dispose of sewage meeting the definition of WAC 248 -96- 020(17): a sewerage system which is owned or operated by a city, town, municipal corporation, county, political subdivision of the state, or other ownership with appropriate approvals consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and approved or under permit from the department of ecology. (Adopted per WCC 20.04.080(1)(aa)) CHAPTER 20.97 .330 PUBLIC WATER. For land use planning purposes, a system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities; where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use; and is managed by: a municipality or a special purpose district; or a Class I water system as defined in WAC 248 -54- 560(1) in areas having existing concentrations of parcels of one acre or less in size; or any class of water system that is deemed appropriate by the Bellingham- Whatcom County Health Department to serve the densities provided in the appropriate Subarea Comprehensive Plan and attendant zoning regulations that has defined boundaries within which all land has legal rights to water service from the association, has a water system plan on file with the Bellingham- Whatcom County Health Department that is in accordance with WAC 248 -54- 065(4,5,6), and meets engineering requirements consistent with the class of system. (Amended per WCC 20.04.080(1)(aa)) .335 RECREATIONAL VEHICLE. 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 model number, serial number and vehicle registration number; equipped with limited water storage and other self - contained living facilities. Recreational vehicles and travel trailers shall not be occupied in any zone district outside of approved recreational vehicle parks. Except that no provision of this Title shall exclude the private, noncommercial, recreational occupancy of recreational vehicles in Rural and Forestry zones where such use shall be less than 120 days per calendar year, complies with all health regulations and is not permanently installed. .340 RECREATIONAL VEHICLE PARK. A parcel of land in which three or more sites are primarily for occupancy by recreational vehicles for travel, recreation or vacation uses. For mobile home parks, only spaces that are designated and /or are used for recreational vehicles shall constitute a recreational vehicle park. Recreational vehicles and travel trailers set up for occupancy shall be at least ten (10) feet from each other and any structures on the property. Whether or not intended for occupancy, they shall be at least ten (10) feet from all structures not on the same property. For the purposes of these regulations, the term "recreational vehicle park" shall include camping clubs as defined in RCW 19.105.010. .345 RESERVE TRACT. When the lot clustering method of subdivision is used, the reserve tract is that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or other future - approved development purposes. .346 RESIDENTIAL UNIT. A family dwelling unit intended for long -term human habitation and occupancy by a resident family. 347 RESIDENT. One who lives and usually works in the vicinity; not a visitor or transient. .348 RESORT- ORIENTED HOTEL OR MOTEL. Those hotels or motels that not only provide for the primary activities associated with such establishments but CHAPTER 20.97 also provide for those additional activities and amenities which attract persons to use such hotel or motel facilities. Such activities would include, but not be limited to golf courses, developed beach areas, convention centers and hiking trails. (Adopted per WCC 20.04.080(1)(a)) .350 RESTAURANT. An establishment where food and beverages are prepared and served for consumption either on or off premises. This term shall include cafes, coffee houses, cabarets and dining rooms, but shall not include taverns. Restaurants may include cocktail lounge and facilities for dancing and live entertainment of patrons; provided that these activities are clearly accessory to food service; and provided further that these activities are not expressly prohibited in a specific zone. .355 ROOMING HOUSE. Any dwelling in which, for compensation, three or more persons, either individually or as families, are housed or lodged, with or without meals. A boarding house, lodging house, tourist home or a furnished room house shall be deemed rooming houses. A rooming house with six or more sleeping units, occupied by transients, shall be deemed a hotel. .360 SEAT. For purposes of determining the number of off - street parking spaces for certain uses: the number of seats; or the number of seating units installed or indicated; or each twenty -four (24) lineal inches of benches, pews or space for loose chairs. .-365 SEE3ANHARY-- ARTERIAL--- u6eeonanrp-- erterrn�u-- meerls - -e -road- connecting - too -or mare - roans- of- egasi - -or- greater-- ciassifreation -- ar-- coenee�ing-trvo-- er�eare eommunftres - - -- -CCCOrtaar�-- artCriQ�- may-- aia0-aCrve-a- tr8ffiC-gCrtCr0tor -Alfa pravi ae- aireet- ncceaa -to- feria- fzaes- -- .370 "SIC" GROUP AND INDUSTRY NUMBERS. These refer to the group and industry categories established in the Standard Industrial Classification Manual (U.S. Bureau of the Budget, Washington, U.S. Government Printing Office, 1972). .375 SIGN. Any placard, billboard, display, message, design, letters, symbol, light figure, illustration, set of pennants, or other device intended to identify, inform, advertise or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi.- - public place. Excluded from this definition are official traffic, directional or warning devices; other official public notices; signs required by law; or flag of a government or other noncommercial institution. .380 SIGN, FREE - STANDING. A self - supporting sign placed off and away from the building to which it is related. .385 SIGN, OFF- PREMISES. A sign situated on premises other than those premises to which the sign's message is related. .390 SIGN, ON- PREMISES. A sign situated on the premises to which the sign's message is related. .395 SIGN, PRIVATE DIRECTIONAL. An off - premises sign which indicates the distance and direction to a private use. r CHAPTER 20.97 .400 SIGN, PROJECTING. A sign which is attached to a project at an angle from a building's exterior wall. .405 SIGN, ROOF. A sign erected upon, against, or directly above a roof or on top of or above the parapet of a building; signs on and within the top height of mansard roofs shall be considered wall signs. .410 SIGN, SURFACE AREA. For a sign with a message or symbol on any type of solid backing, surface area shall include the entire area of the backing and frame for the backing. For a sign consisting of individual letters and /or symbol(s) placed directly.on a building wall or supported independently, surface area shall be the area within the least parallelogram, triangle, circle, semi - circle, or other geometric figure which includes the total message and /or symbol(s). Structural or support elements of the sign, excluding the advertising or backing elements of said sign, shall not be included in the measurement of surface area. The surface area of a free- standing or projecting sign with messages on two sides, designed to be viewed primarily from only one street or road, and with the two sides approximately parallel and not separated by more than one foot, shall be the area of one side only. .415 SIGN, WALL. A sigh placed upon and parallel to the exterior wall of a building which may not extend above the top of the wall or parapet. .420 SIGNIFICANT WATER BODY: A lake or pond larger than 25,000 square feet, but smaller than the minimum specified for regulation in the State Shoreline Management Act; or a perennial stream with flow smaller than the volume specified in the State Shoreline Management Act. .423 SITE AREA. For purposes of calculating the floor area ratio, site area shall mean the measured square footage of any lot, tract or parcel of land, or contiguous lots, tracts or parcels of land to be utilized by a single development and shall exclude all areas devoted to existing access and easements not usable to the present or future surface owner of the parcel. (Adopted per WCC 20.04.080(1)(a)) .425 SLEEPING UNIT. A separate room in which a .bed of any type, including folding or convertible, is provided; such room may or may not have a private bathroom and /or kitchen facilities as an adjunct. A sleeping unit is primarily intended for temporary use by tourists and transients. .430 STREET. The entire width between the right - of-way lines of every way for vehicular and pedestrian traffic; includes the terms "road," "highway," "Land," "place," "avenue," "alley," "collector," "primary arterial," "secondary arterial," and other similar designations. .433 STRUCTURE. Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Adopted per WCC 20.04.080(1)(h)) .435 THERMAL POWER PLANT. An electrical generating facility using any fuel, including nuclear materials, for distribution of electricity by electric utilities. CHAPTER 20.97 .440 UNBUILDABLE LAND. See "Unsuitable Land." (Amended per WCC 20.04.080(1)(h)) .443 UNSUITABLE LAND. Land exposed to a condition that may cause a hazard on structures or human activity if the land in question is developed. Such lands include but are not limited to: areas with slopes exceeding twenty percent (20%); unstable geologic formations, as indicated by soil survey and /or past experience of movement or settling of the land; soils of low or variable shear strength or load- bearing capacity; major groundwater recharge areas; or areas designated formally by a Federal, State or County agency as floodplain or coastal flood hazard areas. (Adopted per WCC 20.04.080(1)(h)) 7445 HTiL�TY-- HFsi�FSL9PN<P.--- �neiudes -- but— ia- -nat -- limited-- to, - -- facilities -for eo��eeting; -- distributing; -- processing, - -- treatment , --- storage,-- or- drsposa� -of water, -- sewage, -- solid- waste -- electrical- energy, -- including - power- distribution,- e -lectrenic- communications -and- their - administrative- structures; - and - pipe -lines for -oil -and- gas. --- merge -seal a - electrical- generating - plants- are - excluded -from this- definition- .450 WAREHOUSING. Warehousing shall mean terminal facilities for handling freight with or without maintenance facilities. (Adopted per WCC 20.04.080(1)(h)) .455 WHOLESALE TRADE. Wholesale trade shall mean establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (Adopted per WCC 20.04.080(1)(h)) .460 YARD, FRONT. An open space on a lot, between the road right- of-way (front property line) and the requisite minimum front yard setback line. 'The requisite- front- yard - setback- area - moat -be - open - from - sfde- te- afde -o€- the -Yet; provided- that-- uneae+cred -- patios ; = driverfays ; -- trai�cwaya; -- vegetaticn� ; -ps- rec�reation- equipment;- and - fences- and - wales- up-te- four -f+� feet-fn -height -map be- placed the- ifmffatf 0nS -0f WGG- 28.887 Where a lot lies at the corner of two or more roads, it shall have a front yard - setback area extending back from each road right -of --way. If the exact location of the right - of-way is not known, it shall be assumed that the improved traveling surface of the road is in the center of the road right -of -way. If the width of the road right - of-way is not known, it shall be assumed to be sixty (60) feet. Al+- front -- yard - setback -- measurements -are minimum- requiremeeta. �lnd- further -- provided - that - fences,-- �,raiis -or- vegetative - hedges - located- arithin this - front- yard - setback -area- may -- exceed -- fear- -f4 } -- feet —in— height,- - -to -a maximam -of- six -f6 }- feet,- - only -rft- {}} Theq- -des -- not -- obstruct - -or -- impair -- visual -- corridors - -of -- surrounding properties- and - sight- distaaeea- of- vehieu�er- traffic; -- {2} Theq- are - adjudged- to -be- necessary - -in -- ardor - -to -- provide-- seeuritq -and privaeq -to- the - particular -use- activity -by- reason -efr -- {$} The- propertyLS- immediate - location- next -te- public- access - areas; -or CHAPTER 20.97 {b� its -- facilities -- and-- amentres-- rahteh -- are- b ®th- araetrve- fo -t�se '�-- general -- public, - -- and - -xn� ended- -fer -- the-- exe�tn3rve -- use -- of - -its inhabitants- andfor- patrons; -or {3� They -- are -- deemed -- necessary -- fer -- the - protection -of- the- publie- health; safety- and - general- welfare- (Amended per WCC 20.04.080(1)(c)) .465 YARD, REAR. An open space-on a lot, between the rear property line and the building closest to the rear property line; provided that for this definition all structures specified as accessory uses in Urban Residential, Residential Rural, Rural and Agricultural zone districts, except home workshops, shall not be considered as buildings. A- rear - yard - must - -be -open from -- side -te- side - -ef-- the — let;- provtdzd- that-uncovered - pat -ios;- drlae"aya, rraikasys;-- vegetation; -- pools; -- recr eat ion -- equipment; — epees -- parking- space; fences- afld-- f+aiia- tip - -te- seven — {7- - feet - -tn- height; — and- struetare9- housing aeeessory-- uses--- ia-- 8rbafl - -- Residential;-- �testdentta } - -- Rura1; -- Rural- -and Agricultural- zone - districts- may -- be- piaeed -tn- the - rear -yard, provided -there is- arr- eperr- space -of- eight -{8}- feet - between- any- sudrstructure- and- a- bvfidfng on- that - -lot. In the case of a lot with more than one road frontage and consequently two rear property lines, the rear yard shall be deemed to be the yard abutting the shorter rear property line; the other yard shall be treated as a side yard. In cases of doubt, the Zoning Administrator shall make the determination. All -- rear -- yard -- measurements -- are — minimum requirerrents- .470 YARD, SIDE. One of two open spaces found on a typical lot, bounded by the front yard, rear yard, the side lot line and the building closest to the side lot line. A- side - yard -- must - -be -- kept -- open; -- provided -- that - uncovered patios, -- driveways--- raalkovays -- vegetation -- peels, -- parking- areas;- reereatianal equipment,-- and - fences- and - malls- np -te- seven - {�}- feet -tn- height- may -be -p }seed in- the -side- yard - -- All -side- yard - measurements -are minimum- requirements: 475 ZONING ADMINISTRATOR. The Director of Buildings and Code Administration or his designee.