HomeMy WebLinkAboutord1987-0331
2
3
4
5
6
7
8
9
10
11
12
13
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 COMMISSIOI
DATE: JUNE 6, 1987
ORDINANCE N0. 87-33
AN ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, TO CORRECT FLAWS IN THE HEARING EXAMINER APPEAL
PROCESS; AND TO PROVIDE FOR AN ADDITIONAL EXCEPTION AND TO CLARIFY AND
STRENGTHEN THE EXISTING EXCEPTIONS TO THE FORTY (40) ACRE MINIMUM LOT
SIZE FOR LAND DIVISIONS IN THE AGRICULTURE ZONE DISTRICT
WHEREAS, the Planning Department has requested amendments to the text
of Title 20, the Official Whatcom County Zoning Ordinance that would correct
flaws in the Hearing Examiner appeal process; and would provide more
flexibility to, strengthen, and clarify the requirements for exceptions to the
forty (40) acre minimum lot size for land divisions in the Agriculture zone
district, and
WHEREAS, the statutory requirements have been satisfied, and
WHEREAS, these amendments will simplify administration and will not
alter 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 "A" attached hereto
and incorporated herein by reference.
PASSED this 18th day of
June
1987.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
/�///% 62��
Tom Burton, Chairperson
ATTEST' (.� APPROVED ( ) VETOED
G ,
Carol Ebergson, Jerk oPqhe Council Shirley Van Ainten, Wounty Executive
APPROVED AS TO FORM:
David Cott' ham
Civil Deputy Prosecuting Attorney
Date June 19, 1987
Published 6/10/87 and 6/24/87 , 1987.
This Ordinance becomes effective June 29, 1987 1987.
14 J
U
XV.
EXHIBIT "A"
Title 20
WCC 20.92.640 WRITTEN ARGUMENT
(1) The appellant shall file a statement containing the appellant's basis
for appeal and argument.
Within two working days after receipt of the Hearing Examiner's
record, the County Council Office shall send a letter of notification
to the appellant that the statement is due. The statement and
argument must` be filed in writing, along with a specified number
of copies,- wi- thin- fifteea -HA} - days - -of -the -- filing -of -- the - record with
the Clerk of the County Council within fifteen (16) calendar days after
the postmark date of the letter of notification.
(2) Within two working days after receipt of the appellant's written
argument, the Council Office shall send copies of that argument to any
persons or entities opposing the appeal. Any argument or response by
any person or entity opposing the appeal must be filed in writing alon
with a specified number of copies, within ten (10) calendar days of
fi -ling -ef after the postmark date the appellant's wrftten argument was
mailed by the Council Office.
Failure of the appellant to abide by the time limits contained herein
will result in automatic dismissal of the appeal.
Title 20
20.40.200 MINIMUM LOT SIZE AND LAND SUBDIVISION
.261 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, 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 the remaining parcel is not less than ten
(10) acres in size; and
(b) that said retiring landowner has legally resided on said farmstead
for at least five (6) years; and
(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 (6) years or until the death of one of the owners,
if that should occur earlier; and
(e) that said remaining parcel shall not be further divided for a
period of at least fifteen (16) years from the date of division
pursuant to this section except as provided for in Section
20.40.261(1), (2), (6), or (7); or
The division is to allow the landowner retiring from agricultural
operation who no longer wishes to reside on the farm to sell the.
farmstead house and buildings accessory thereto separately from the
farm unit land provided:
(a) that said farmstead land area is not less than one acre nor more
than five acres; and
that said farm unit land area is not less than ten acres; and
(c) that said retiring landowner has legally resided on said farmstead
for at least five (5) years; and
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;
(e) that said farm unit land shall not be further divided for a period
of at least fifteen (15) years from the date of division pursuant
to this section except as provided for in Section 20.40.251(1),
(2), (6), or (7); and
that no residential or commercial structures shall be permitted on
said farm unit land, other than those normally considered
accessory to the nonresidential agricultural use of the property;
or
(45) 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
(56) The division is for the purpose of a public use or expansion of such
uses pursuant to Section 20.40.151.
(67) The division is for the purpose of establishing a parcel for the
conduct of a conditional use provided in the Agriculture zone text.
(78) 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
exi9+Ing- farm -- residence- mey� -be- separated-- from - the- existirg- farm-only
one—. every- fifteens- years; - aat- pareei- is -no- mare - then-five
{5�- acres -ins- sine -:
(a)
that said farm residence land area is not less than one acre nor
more than five acres; and
that the farmstead land remaining from division pursuant to this
section is at least ten (10) acres in size; and shall not be
further divided for a period of at least fifteen (15) years from
the date of division pursuant to this section; and
(c) that no additional residential structures other than the new farm
residence being financed in accord with this section shall be
permitted on said farm unit land other than those normally
considered accessory to the agricultural use of the property.
May 19, 1987
File Ref: 03 -87.ZT
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF AMENDING THE TEXT OF TITLE 20,
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, AND
WCC 2.24, THE WHATCOM COUNTY INTERIM ZONING ORDI-
NANCE TO CORRECT FLAWS IN THE HEARING EXAMINER
APPEAL PROCESS; AMENDING TITLE 20 TO PROVIDE FOR
AN ADDITIONAL EXEMPT DIVISION IN THE AGRICIJL`['URE
ZONE; AND AMENDING TITLE 20 TO REMOVE. CERTAIN CARE
AND HEALTH SERVICES AS CONDITIONAL USES IN ALL
RESIDENTIAL ZONE DISTRICTS
FINDINGS,
REASONS, AND
MOTION
WHEREAS, The Planning Department has requested zoning amendments to the Official
Whatcom County Zoning Ordinance, Title 20, and the Interim Zoning Ordinance, WCC
2.24 that would correct flaws in the Hearing Examiner appeal process, would
provide more flexibility to and strengthen requirements for exempt divisions of
land in the Agriculture zone, and would eliminate certain care facilities and
health services in all residential zones; and
WHEREAS, these amendments would not change the intent of the provisions in the
Official Whatcom County Zoning Ordinance or the Interim Zoning Ordinance
concerning any zone district or general administrative requirements;
WHEREAS, the Hearing Examiner amendment would simplify administration of Title
20 and the Interim Zoning Ordinance and benefit-the public; and
WHEREAS, the exempt Agriculture division amendment would add more flexibility to
Title 20 and benefit the public;_and
WHEREAS, pursuant to RCW 36.70.590, a legal notice was published in the
Bellingham Herald on May 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 May 19,
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 revisions to the Hearing Examiner appeal process eliminate unintentional
flaws in the procedure and time limits for submitting written arguments for
appeals.
4. The amendments to the exempt divisions of land in the Agriculture zone
district add flexibility, help to further the Comprehensive Plan goal of
promoting continued agricultural productivity, and help prevent the
proliferation of nonagricultural residential parcels in the Agriculture
zone district.
5. The deletion of retirement, boarding, and convalescent homes; social and
health rehabilitation centers; children and adult care centers; and other
health related services in all residential zones is unnecessary and is
contrary to adopted county land use goals. The proposal would eliminate
uses which are needed in the: subject zone districts, and is therefore not in
the interest of the public. welfare.
6. That a majority of the Planning Commission adopts the Findings as presented
in the Staff Report (Exhibit t) and further- recommends to the County Council
the adoption of the proposed amendments to the Hearing Examiner appeal
process in WCC 2.24 and Title 20 and the amendments to the exempt division
section of the Agriculture zone district in Title 20, as presented in
Exhibit A.
7. That a majority of the Planning Commission recommends denial of the proposed
amendment to Title 20 that would eliminate certain care facilities and
health services in all residential zone districts.
10. The Chairperson and Secretary are hereby directed to place their signatures
on this document and transmit same, together with Exhibits A and C to.the
County Council:
Done and passed by a unanimous vote this 19th day of May, 1987.
WHATCOM COUNTY PLANNING COMMISSION ltd l( J C1\r"
D id Simpson, Chairperson
Daniel W. Taylor ecretary
Attachments: Exhibit A - Amended text of Title 20 and WCC 2.24
Exhibit C - Staff Report
tA111011 r-1 .6
May 13, 1987
File Ref: 03 -87:ZT
WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT
APPLICANT: Whatcom County Planning Department, 401 Grand Avenue, Bellingham,
Washington 98225.
REQUEST: The request is to clarify and strengthen the sections of the Official
Whatcom County Zoning Ordinance, Title 20, and the Whatcom County Interim Zoning
Ordinance, WCC 2.24.760 concerning the time limit. for filing written arguments
required for appealing Hearing Examiner decisions; to amend the Official Wilatcom
County Zoning Ordinance, Title 20, Section 20.10.251 to permit an exempt
division of Agriculture zoned land for a retiring farmer who will no longer
reside on the property and to specify certain limitations on other exempt
divisions in the Agriculture zone; and to amend the Official Whatcom County
Zoning Ordinance, Title 20, Section 20.20, Urban Residential District; 20.22,
Urban Residential Medium Density District; 20.32, Residential Rural District;
20.24, Rural Residential - Island District; and 20.36, Rural District to remove
retirement, boarding, and convalescent homes; social and health rehabilitation
centers; children and adult care centers; and other health related services as
conditional uses. The proposed zone text amendments are shown in Exhibit "A ".
LOCATION: The Hearing Examiner amendment would affect all districts of Whatcom
County that are administered under the Interim Zoning- Ordinance and Title 20.
The exempt division amendment would affect all lands in Whatcom County that are
zoned Agriculture under Title 20. The care and health facilities amendment would
affect all areas of Whatcom County that are zoned UR, Urban Residential, URM,
Urban Residential Medium Density, RR, Residential Rural, RR -I, Rural Residential -
.Island, and R, Rural.
STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.590, legal notice was published in
the Bellingham Herald on Thursday, May 9, 1987. The Deputy SEPA Official issued
a Determination of Nonsignificance for the proposals on May 13, 1987.
REGULATORY EFFECTS OF THE REQUEST: The regulatory effects of the three proposals
would be as follows:
1. The Hearing Examiner amendment is a housekeeping function which would
eliminate an unintentional flaw in the time limits for filing written
arguments for appealing Hearing Examiner decisions.
2. The exempt division amendment would provide more flexibility for
retiring farmers to sell farm property to other farmers who do not
necessarily wish to reside on the farmland and would help to assure
that parcels remaining from exempt divisions will promote continued
agricultural production.
3. The care and health facilities amendment would eliminate the
possibility of locating retirement, boarding, and convalescent homes
and social and health rehabilitation centers any Title 20 zone
districts. Children and adult care centers and other health related
1
services could be located only in the Neighborhood Commercial and the
Agriculture zones respectively.
ANALYSIS AND EVALUATION:
1. Hearing Examiner amendment: The proposed revision of the time limits
for filing written arguments for appealing Hearing Examiner decisions
would eliminate flaws in the existing ordinances. Under the current
statutes, an appellant is required to file a statement and written
argument for the appeal within 15 days of the filing of the record by
the Clerk of the County Council. The only way the appellant can be
allowed the full .1.5 (lay response time as is intended by the ordinances
is for the Clerk to notify the appellant the same day the record is
delivered to the Council Office. Due to workload scheduling, it is not
always possible for the Clerk to notify the appellant the same day the
record is received. Any unintentional delay by the Council Clerk could
result in a reduction in the length of time remaining for the appellant
to file a written argument. The amendment would require that the
Council Clerk notify the appellant within two working days after
receiving the record. The fifteen day time limit for the appellant to
file written argument would begin on the date of the Council Clerk's
letter of notification. Another weakness of the present ordinances is
that there is a possibility that an appellant could delay a decision
for an indefinite period of time by filing an appeal and failing to
adhere to the statutory time limits. The proposed amendment provides
for automatic dismissal of an appeal in the event that the appellant
fails to adhere to the time limits.
2. Exempt division amendment: Although the minimum parcel size for
creating new lots in the Agriculture zone district is 40 acres,
exemptions from the 40 acre minimum may be granted under certain
circumstances. It has become apparent in recent years that many
retiring farmers desire to sell out completely and move off of the
farm. This would not be a problem if every potential buyer wished to
live on the farm in the existing house. However, it is often the case
that a prospective buyer of a retiring farmer's farmland is another
farmer who already has a home elsewhere. Often, farmers will own and
operate several separate parcels of farmland and not reside on any of
them, opting for living in a small town such as Lynden or Everson.
The proposed amendment would allow a retiring farmer to sell the
farmland separately from the land with the house, thus increasing the
marketability of the property and helping to assure that it remains in
agricultural production. The amendment sets forth acreage minimums for
remaining parcels and provides a fifteen year moratorium on future
exempt divisions to help prevent the proliferation of nonagricultural
residential parcels in the Agriculture zone. The purpose of the
acreage minimums and the fifteen year moratorium on future exempt
divisions is to close loopholes in the ordinance which have permitted
exempt divisions in the past which are not in keeping with the purposes
of the Agriculture district. The wording of the current statutes fails
to anticipate the possibility that a parcel could be divided, the
remainder sold and a new house built and the new owner could redivide
and sell again with no time or parcel size limitations. Strengthening
the time limitations and providing a minimum size of ten acres for the
remaining farm land area would help keep exempt divisions within the
Agriculture district's intention of promoting continued agricultural
production.
3. Care and health facilities amendment: On April 21, 1987 Mr. Philip
Serka presented the Planning Commission with a petition from property
owners in the Geneva area of the Lake Whatcom Subarea requesting that
the Planning Commission and County Council delete 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 and to delete Accessory apartments to single family detached
residences as conditional uses in the Urban Residential Zane district.
In consideration of the fact that many residents in the Urban
Residential District were unaware of recent Zoning Ordinance amendments
which affected their area, and after some discussion regarding the
merits of the petition request, The Planning Commission voted to
initiate consideration of removing retirement, boarding, and
convalescent homes; social and health rehabilitation centers; children
and adult care_ centers; and other health related services from all
residential zones. The reason for the proposed amendment, as stated in
the petition, is that the use is not compatible with the residential
character of the Urban Reserve zone; there are other zone designation
in the county that are more suitable for this type of use; and the use
will still be conditionally permitted in almost every other zone in the
county. The residential zones in the county that would be affected by
the proposal are shown in Exhibit "B ". The locations are in the Lake
Whatcom Subarea, the Urban Fringe Subarea, the Cherry Point - Ferndale
Subarea, the Lynden- Nooksack Valley Subarea, the Chuckanut -Lake Samish
Subarea and the Lummi Island Subarea. The proposal would also affect
portions of the Birch Bay- Blaine Subarea that are proposed -for
residential zoning.
In response to the contention that the subject conditional uses are
not compatible with the residential character of the affected zones, it
should be explained that in approving a conditional use permit, the
Hearing Examiner must find adequate evidence, pursuant to WCC
20.84.220, that the proposed conditional use at the proposed location
will meet certain criteria. Among those criteria are the requirements
that the proposed use will be harmonious and appropriate in appearance
with the existing or intended character of the general vicinity; will
not change the essential. character of the same.area; and will not be
hazardous or disturbing to existing or future uses. It is the Planning
Staff's opinion that. compatibility with the residential character of
the residential zones under consideration is adequately safeguarded by
the conditional. use permit criteria.
The arguments that "there are other zone designations in the county
that are more suitable for this type of use" and that "the use will.
still be conditionally permitted in almost every other zone in the
county" are not sufficient in themselves to justify removal of these
uses from the residential zones. If the staff were to use this line of
reasoning as rationale for supporting the proposal, the entire zoning
ordinance would have to be subjected to the same scrutiny, resulting in
a loss of validity for permitting the same uses in different zones.
In view of the fact that the proposed removal of uses from the zone
district would have the effect of increasing the restrictions on the
use of property in the affected zones, it is necessary to consider the
effect on the general welfare of the people of Whatcom County over the
interests of particular property owners. Since all of the residential
zone districts are intended to provide a living environment in a
variety of settings, the staff believes that the public welfare would
be best served.by retaining those uses related to care and treatment
and provision of health related services close to where people live.
The proposal would leave the zoning ordinance with no locations for
retirement, boarding, and convalescent homes; no locations for social
and health rehabilitation centers; child and adult care centers would
be a permitted use only in the NC, Neighborhood Commercial zone; and
health care facilities would be a conditional use only in the
Agriculture zone with a rigid set of approval criteria. Clearly this
would be detrimental to the general welfare of the people of Whatcom
County.
FINDINGS:
1. Hearing Examiner amendment: The proposed revision of the time limits
for filing written arguments for appealing Hearing Examiner decisions
would correct flaws in the zoning ordinances which could have the
effect of unintentionally reducing the actual length of time that an
appellant has for filing written arguments below the intended fifteen
- (15) days. Further, the proposal would eliminate the possibility of an
appellant being able to delay a decision and effectively kill a project
by failing to abide by statutory time limits. The proposal would fine
tune the ordinances so that they state what is actually intended.
2. Exempt division amendment: The provision of an exemption from the
forty (40) acre minimum lot size in the Agriculture zone district for
retiring farmers who do not intend to live on the property and the
provision of a ten (10) acre minimum size for the remaining
nonresidential parcel from such a division would provide more
flexibility for retiring farmers to sell farm property to other farmers
who do not necessarily wish to reside-on the farmland and would help to
assure that parcels remaining from exempt divisions will be of such a
size to promote continued agricultural production. The fifteen year
moratorium on future exempt divisions is intended to help prevent the
proliferation of nonagricultural residential parcels in the
Agriculture zone. This amendment is supportive of the county's goal of
promoting the continued viability of agriculturally productive lands.
3. Care and health facilities amendment: The proposed amendment to delete
retirement, boarding, and convalescent homes; social and health
rehabilitation centers; children and adult care centers; and other
health related services from all residential zone districts is
unnecessary because compatibility with the residential character of
the residential zones is adequately safeguarded by the conditional use
permit criteria. Further, the proposal would eliminate the possibility
of locating retirement, boarding, and convalescent homes and social and
health rehabilitation centers virtually anywhere in Whatcom County and
would severely restrict the locations for children and adult care
centers and other health related services. The staff believes that
there is a need in the county for those uses related to care and
treatment and provision of health related services and that the public
welfare would be best served by retaining the option of locating those
uses in residential areas. To eliminate some of those uses entirely
and to severely restrict the location of the other uses is clearly
detrimental to the public welfare and contrary to the county's land use
goals.
RECOMMENDATIONS: The Planning Department recommends adoption of the Hearing
Examiner amendment and the exempt division amendment as presented in Exhibit "A ".
Further, the Planning Department recommends denial of the Urban Residential
amendment for the reasons presented above.
EXHIBIT "A"
Interim Zoning Ordinance
WCC 2.24.770
.760 WRITTEN ARGUMENT
.761 The appellant shall file a statement containing the appellant's basis
for appeal and argument.
Within two working___d_ys after receipt_ of the Hearin ___Examiner's
record, the Count! Council. Office shall send a letter of notification
to the appellant that the statement is__due` The statement. and
argument amt shall be filed in writing, along with a specified number
of copies, - within - fifteen- (-l5 }- days - -of -the -- filing -of -- the - retard with
the Clerk of the County Council within fifteen (15) calendar days after
the date of the letter of notification.
.762 Within two working days after receipt of_ the appellant's written
argument, the Council Office shall send copies of that argument to any
persons or entities opposing the appeal. Any argument or response by
any person or entity opposing the appeal must be filed in writing alon
with a specified number of copies, within ten (10) calendar days of
filing-of after the date the appellant's written argument was mailed by
the Council Office.
.763 Failure of the appellant to abide by the time limits contained herein
will result in automatic dismissal of an appeal.
Title 20
WCC 20.92.640 WRITTEN ARGUMENT
(1) The appellant shall file a statement containing the appellant's basis
for appeal and argument.
Within two working _ des after receipt of the Hearing Extuniner's
record, the County Council Office shall send a letter of notification
to the appellant that the statement is due. The statement and
argument must shall be filed in writing,_ along with a specified number
of copies, - within- fifteen -f iS }- days-- of- thr.-- fi+ing -of - -- the- reeerd with
the Clerk of the County Council w-ithin fift.ee_n 15 calendar days after
the date of the letter of notification.
(2) Within two working days after receipt of the appellant's written
argument, the Council Office shall.send copies of that argument to any
persons or entities opposing the appeal. Any argument or response by
any person or entity opposing the appeal must be filed in writing alon
with a specified number of copies, within ten (10) calendar days of
fl-ling-of after the date the appellant's written argument was mailed by
the Council Office.
Failure of the appellant to abide by the time limits contained herein
will result in automatic dismissal of the appeal.
Title 20
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, 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 d:iv.ision 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 the remaining parcel is not less than ten
(10) acres in size; and
(b) that said retiring landowner has legally resided on said farmstead
for at least five (5) years; and
(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; and
Lel that said remaining parcel shall not be further divided for a
period of at least fifteen (15) years from the date of exempt
division pursuant to this section; or
.L The division is to allow_ the landowner retiring from agricultural
operation who no longer wishes to reside on the farm to sell the
farmstead house and buildings accessory thereto separately from the
farm unit land provided:
ial that said farmstead land area is not less than one acre nor more
than five acres; and
(b) that said farm unit land area is not less than ten acres; and
(c) that said retiring landowner has legally resided on said farmstead
for at least five (5) years; and
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
buildinas and land before thev are offered on the oven market:
(e) that said farm unit land shall not be further divided for a period
of at least fifteen (15) years from the date of exempt division
pursuant to this section; and
_Cfj jjkat_no residential or commercial structures shall_ b_e_y(.rmitted or)
said _farm _ unit--land.- other i:1ia n norwa.l.ly _ �_on ider•e(I
accessory to _ t.hc! nonresident ial agr..i caul tur. al use of_ the property;
or
(45) 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
(56) The division is for the purpose of a public use or expansion of such
uses pursuant to Section 20.40.151.
(67) The division is for the purpose of establishing a parcel for the
conduct of a conditional use provided in the Agriculture zone text.
(78) 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 --res iderree- Wray - -be- separated -- froze- the -- existing- farsr -orr�y
once- every- fifteen- years,- and- the- restAtant- pat ce-} -ia- no- more -than -five
{5 }- acres- irr- sgze:-
(a) that said farm residence land area is not less than one acre nor
more than five acres; and
that the farmstead land remaining from exempt division pursuant to
this section is at least ten (10) acres in size; and shall not be
further divided for a period of at .least fifteen (15) years from
the date of exempt division pursuant to this section; and
(c) that no additional residential structures other than the new farm
residence being financed in accord with this section shall be
permitted on said farm unit land other than those_ normally
considered accessory to the agricultural use of the property.
Title 20
Urban Residential District
20.20.150 Conditional Uses
26-:20.164 Retirement --- boarding;---- and -- convalescent -- homes;-- socia € -- and-- hea €th
rehabilitation- centers; - children-- and - adult- care --- centers- in - -a- building
net - rased-- as- &-- rrsidrnec;- and -- other - health - related- services- eonsietent
with- the - purpose- -cf- the - district.-
Urban Residential Medium Density District
20.22.150 Conditional Uses
207$$7164 Retirement --- bonrdi-ng,- -- rind-- convaleseent -- homes;- -- social - -- -and -- health
rehabilitation- centers;- -rhil-dren- and- - adult -r- are - centers - -in -a- building
not - used -as -a- residence;- and -- ether - healt h -- related- servi-ces-consistent
with - - the - purpose - -o €- the -disc: ri et .-
Residential Rural District
20.32.150 Conditional Uses
20:327164 Retirement;- -- boarding,- - - -- and - -- convalescent -- homes; -- social - - and -- health
rehabilitation- centers;- children- and - adult- care -- centers -in -- &--building
not - used-- as -& -- residence;- and - other - health- related- services-censistent
with-- the - purpose -o €- the- distriet-
Rural Residential - Island District
20.34.150 Conditional Uses
20.347154 Retirement,- -- bearding; -- and -- convalescent -- homes; -- social --- and-- he&1th
rehabilitation- centers; -- children- and-- adu }t- care - centers -in -&- building
not - used -es - &- residence -- and -- ether - health - --- -related- services - -consistent
with- the - purpose -ef- the- distriet-
Rural District
20.36.150 Conditional Uses
207367154 Retirement,- -- bearding;- -- and-- convaleseent -- homes; -- social -- and -- health
rehabilitation- centers -- children- and - adult- care -- centers- in - -a- building
net - used-- as - & -- residence; -and- other - hearth - related- services - consistent
with - the - purpose -of- the- distriet-
' IMF
N M. 0 041
pArl
wg 0 i i w I I�Kllo
pNh'v'l
T �
��,�
MICIR 11 1131111.11
;HUCKANUT
ISH SUBAREA
G DISTRICTS
LEGEND
UR3
Urban Residential 3DU /Ac.
UR4
-do- 4DU /Ac.
Residential Rural
RR1
1DU /Ac.
RR2
2DU /Ac.
RR3
3DU /Ac.
Rural
R2A
1DU /2Ac.
R5A
1DU /5Ac.
110A
1DU /10Ac.
Commercial
NC
Neighborhood
TC
Tourist
ROS
Recreation and Open Space
F
Forestry
LIZ
Whatcom County Planning
Department
AgreyY11 t117s 1' 11Yy N Pob Y j. 18811 Ad0000d this t° any of Yay, 111911.Or/iYnee Me.66-29 Afloat : Cloth of The Co..C11
wbalee■ CeYYty R1eM1Yi MAY1ee■ Coolly C9Y0e11•wAa[eM Co. Me.
vsk
C NreeY 11YerNUy C11YVyereo� QeYNy 11tICY1He sort at tb Ce YC❑
N
n �
1
ur
• reye• uw
c �
plal T11W.1w
9
3
,e
+i
SUBAREA LUMMI ISLAND'-
ZONING DI STRICTS
1'
- •
RR—I Residential
Island
`i
O..
F
;i
Ipi
Approved thls15'' day o0e."e , 1985
N.
Whatcom County Planning Commission
a
Chairperson ecretary
Adopted thisj-_1'1'day of Docam , 19850rdinance NoA"-jOo
Whatcom County Council, Whatcom County,Wa.
ILL Jam. ,.-L
Chairperson County ExlecutivdJ
Attest:Clerk of the Council
Clerk of the Council
N
O
' -'; ���iil���+i�
/�.
�'� /,
'j
1� �/ /i 1r.J . .
a ���
ft
r�f -' w
�- r / % %,i �l171 r i
,��
� to
+ V
INV-
S
W zwo
r GM w � RR2 figure
3 s
a
N
i
�,... rw.• i M.
Fri
0 aa00 me0
BELLINGHAM
�d1 ' Whatconl County Planning Dept.
ZONING DISTRICTS
Apo ved Me 101 deT of Mpch 10@2
Adepled th10 12 der of ADrA lava pr0aay,ee No. 84-38 Anes1 : Garr of the CeeweE
wNbtean Gently rfeaaaatep U-Meelen 1Mateoea CeaaatT Coa.w4 Mhate p'ant`y. Owe.
r.r -a _ AL L Va. �QQ�
Oaetrpereen SovslerT 0—pe;w Caant7 E,eepathe e1wh ett on 04002
LEGEND
UR
Urban Residential
3 -4 DU /AC
URM
Urban Residential Medium Density
6 -12 -18 DU /AC
Residential Rural
Rural
RRII
1DU /AC
RIGA
1DU /10AC
RR2
2DU /AC
R5A
1DU /5AC
Commercial
R2A
1 DU/ 2 AC
GC
General
AG
Agriculture
NC
Neighborhood
ROS
Recreation A
TC
Tourist
Open Space
Industrial
Foil
Heavy impact
Rev. 6 /28 /840rd.NO - -51
LII
Light Impact
-57
GM
General Manufact.
AO
Airport Operations
r GM w � RR2 figure
3 s
a
N
i
�,... rw.• i M.
Fri
0 aa00 me0
BELLINGHAM
�d1 ' Whatconl County Planning Dept.
ZONING DISTRICTS
Apo ved Me 101 deT of Mpch 10@2
Adepled th10 12 der of ADrA lava pr0aay,ee No. 84-38 Anes1 : Garr of the CeeweE
wNbtean Gently rfeaaaatep U-Meelen 1Mateoea CeaaatT Coa.w4 Mhate p'ant`y. Owe.
r.r -a _ AL L Va. �QQ�
Oaetrpereen SovslerT 0—pe;w Caant7 E,eepathe e1wh ett on 04002