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INTRODUCED BY: CONSENT
PROPOSED BY: PLANNING
DATE: February 19, 1987
ORDINANCE NO. 87 -12
AN ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCON
COUNTY ZONING ORDINANCE, TEXT TO RESOLVE PROBLEMS OF
ADMINISTRATION AND PROVIDE FOR ADDITIONAL USES IN
CERTAIN DISTRICTS.
WHEREAS, the Whatcom County Planning Department and Bureau of Building
and Codes have requested amendments to title 20 in order to correct administra-
tive problems in sections 20.34.170, 20.80.220, and 20.97.353 and .430; and to
provide for additional flexibility in uses by allowing certain commercial uses
in Light Impact Industrial zone districts, allowing home occupations outside of
the residence in Residential Rural zone districts, and allowing an increase in
height and area for certain advertising signs; and
WHEREAS, a public hearing was conducted February 10, 1987, by the
Whatcom County Planning Commission on amendments proposed by the Planning
Department staff and the Bureau of Building and Code Administration staff, as
well as amendments suggested by members of the public; and
WHEREAS, the statutory requirements have been satisfied; and
WHEREAS, the Whatcom County Planning Commission has prepared Findings,
Reasons and a Motion in the agency report, Exhibit A,, recommending the adoption
of multiple text amendments to Title 20 as shown in Exhibit B; that will
simplify administration of Title 20 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 by the Whatcom County Council that
Title 20, the Official Whatcom County Zoning Ordinance, is hereby amended to
read as set forth in Exhibit "B ", which is attached hereto and incorporated
herein by reference.
PASSED this 5th day of March , 1987.
ATTE
Carol Ebergson, Cle of the Council
IAP Ao�
DAvid Cottin ha '
Civil Deput osecuting Attorney
WHATCOM COUNTY COUNCIL
WHAT SHINGTON
/�
Tom Burton, Chairman
(✓) APPROVED ( VETOED
Shirley Van 3anten, Vounty Executive
Date: March 6, 1987
(Published -2/25 and 3/11 , 1987,
This ordinance becomes effective on 3/16 , 1987.
February 11, 1987
File Ref: 1 -87 ZT
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF AMENDING THE TEXT OF TITLE 20, )
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR ) FINDINGS,
ADDING CERTAIN USES, INCREASING HEIGHT AND SIZE OF ) REASONS, AND
CERTAIN SIGNS, AND MAKING ADMINISTRATIVE CORRECTIONS) MOTION
IN 20.34.170, 20.80.220, AND 20.97.352,.353,.430. )
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 as conditional uses certain
commercial uses to the Light impact Industrial district and home
occupations outside of the residence in Residential Rural districts,
allow off - premise advertising signs in certain zones a maximum height of
30 feet, and along 5 lane roadways allow a maximum size of 576 square
feet per side for off - premise advertising signs; and
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; and
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 February 1, 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
February 10, 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 corrections in wording, the addition of definitions, the
addition of conditional uses, and the increase in the maximum
height and size of certain signs as set forth in Exhibit B aid
administration and benefit the public by allowing additional
flexibility without changing the character of the zone districts or
the intent of the administrative requirements.
4. The Chairperson and Secretary are hereby directed to place their
signatures on this document and transmit same, together with
Exhibit B and Exhibit C, the Staff Report, to the County Council.
Done and passed by a unanimous vote this 10th day of February, 1987.
WHATCOM COUNTY PLANNING COMMISSION
e Hinton, Chairperson
Daniel W. Taylor, C cretary
Attachments: Exhibit B - Amended text of Title 20
Exhibit C - Staff Report
CHAPTER 20.32
(8) 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.
.161 Home occupations employing no more than three (3) people outside the family,
conducted in a structure(s) other than the dwelling unit provided that:
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, Rural, Agricultural and Forestry districts.
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.
In the immediate vicinity of the proposed home occupation there are
multiple existing businesses in structures outside of residences
constituting a pattern of development other than residential in
character.
The parcel size shall not be less than what is required by the zone
district density for two residences.
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.
20.32.200 PROHIBITED USES
All other uses.
20.32.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH
.251 For the purpose of creating new building lots within the Residential -Rural
District, several land use densities are provided. The minimum lot size
requirements for new construction vary according to the method of
subdivision and whether or not public sewer and /or water is available, as
well as whether stormwater collection and retention facilities, where
identified by the appropriate subarea comprehensive plan policies, serve the
project site. Where the conventional subdivision method is used to create
new building lots, the minimum lot size shall be one (1) acre or, if public
sewer and /or water, and, where specified in the comprehensive plan,
stormwater drainage facilities are provided, the minimum lot size shall be
18,000 square feet for RR2 and RR1 areas or 12,000 square feet for RR3
areas. The lot cluster subdivision method only shall only be used if public
sewer and /or water are provided, and when the minimum lot size is based on
CHAPTER 20.34
(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
(S) 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 any
accessory uses that are clearly single - family residential in character
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.
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))
.154 Repair, service and accessory sales for motor vehicles, boats and farm
implements, provided:
The use or uses are not expected to generate significantly more traffic
than that which would ordinarily be expected by an industrial use of
comparable intensity; and
It can be established that sufficient undeveloped, usable property
zoned LII is available for the out right permitted uses within the
planning subarea for the projected life of the plan as determined by
the Planning Department. Applicant will be responsible for furnishing
necessary information.
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 (40 %) of the lot
size.
CHAPTER 20.80
20.80.220 MEASUREMENT OF SETBACKS
.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
width of the right -of -way is not known, it shall be assumed to be sixty (60)
feet.
.222 For the purpose of this Section, the Whatcom County Planning Department
shall establish a Right -of -Way Reference Document containing definitions and
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- th -ia--requirement- map -be- reduced -by -tire- Boning
Officer -on- presentation- by- n -1-ice cd- architect- of - -n- design-- rcvte�r- si�owiag
tire- relation - -of- tire - proposed- building -te- its- surroundittga- and- demottatrating
that- the- deerense -iii- trot - adversely - affect- aurrotu &ng�-property. A minimum
setback on the street side of parcels abutting 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 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.
.252 General Manufacturin 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))
.253 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.
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 signs meeting the requirements of Section,.520 to .560 of
the Chapter are permitted. Exc +siding -- the- regntremente -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))
(3) Off- premise 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 28 30 feet high; except that along
those 5 lane roadways constructed or designated for construction within
the next fiscal year, maximum size shall be 576 square feet per side
and maximum height shall be 30 feet. 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 actual building height.
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:
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.
.352 ROAD. The entire width between the right- of-way lines of every way for
vehicular traffic that has been dedicated, platted, or granted as an
easement for that purpose on public or private lands. The term does not
include alley, drainage easement, or path, but is intended to include thg,
right(s)- of-way to which properties have vehicular access.
.353 ROAD CLASSIFICATION. Any specific terms referring to type of road such as
arterials, collectors, etc., is defined in the "Right -of -Way Reference
Document" that is updated in accordance with federal and state nomenclature
by the Whatcom County Planning Department. Any amendments of road
classifications in the Right -of -Way Reference Document shall apply to
Section 20.80.210.
.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.
.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.
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 sign 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.
.-439 STREST7 - -The- entire- Midth- between- -the- right -ef- Map -- lines -ef -- every -way -for
vehicular -- and -- pedestrian -- traffic; -- includes -- the - terms- uroad;u- uhighway;u
uland- u-- upiaee- u --- nevenue; u-- ualley; u --- ueellector -u-- uprinery-- artertal;u
usecondary-arterial7-n- and - other - similar- designatroirs. --
.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.