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HomeMy WebLinkAboutord1986-015I INTRODUCED BY: Consent 2 PROPOSED $Y: Planning 3 DATE: February 200 1986 4 5 ORDINANCE NO. 86 -15 6 ORDINANCE AMENDING WHATCOM COUNTY CODE 20.83 CONCERNING CHANGING 7 OF NONCONFORMING USES. 8 WHEREAS, Section 20.83.040 of the official Whatcom County 9 Zoning Ordinance refers to changing a nonconforming use to a 10 more conforming use and prohibits a reversion to a less conforming 11 use; and 12 WHEREAS, the Zoning Ordinance does not provide a process or 13 standards for approving a change from one type of nonconforming 14 use to another; and 15 WHEREAS, the Zoning Ordinance does not provide a definition 16 of what is more conforming or less conforming; and 17 WHEREAS, an amendment to this Ordinance has been initiated 18 which takes care of these deficiencies; and 19 WHEREAS, it was sent to the Planning Commission and after 20 legal notice was issued, the Planning Commission heard testimony 21 on this amendment and has recommended its approval; and 22 WHEREAS, the Whatcom County Council has reviewed the 23 findings and reasons for this amendment as put forth by the 24 Planning Commission and .finds them to be reasonable. 25 NOW, THEREFORE, BE IT ORDAINED that Section 20.83.040 shall 26 be amended as follows: 27 .040 WHen- a- xexeex €erx� }xg- tlse- af- Q -btii }ding; - }and -er 28 premises -is - ekanged -te -a- mare- een €erming -rise; -suek 29 tile- Bubsegt dent} y- ska } }- net- reverv_- te- a- }ess -�ep£a i g 30 use. 31 The change of a nonconforming use to.another type 32 of a nonconforming use shall be conditionally ORDINANCE - 1. 1 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 permitted. The change of nonconforming use shall be approved if it is consistent with the applicable zoning regulations, except the use restrictions, and complies with WCC 20.84.220(2) to (8), providing such change does not require the provision of water and sewer utility services at a level greater than that currently available to the subject property and that the new nonconforming use does not result in greater impacts upon surrounding properties than did the original nonconforming use. BE IT FURTHER ORDAINED that except as specifically amended herein, all other terms and conditions of Whatcom County Code 20.83 shall remain in full force and effect. PASSED this 6th day of March 1986. ATTEST: CAROL EBERGSON Clerk of the C uncil APPROVED AS TO FORM: D LL J. TS Civil Deput Prosecuting torney Published on 2/26 WHATCOM COUNTY COUNCIL WHAT.COM COUNTY— WASHINGTON y , rutnairman ( r) APPROVED ( ) VETOED SHIRLEY VAIN ZANTEN County Executive Date: March 7, 1986 and 3/12/86 This Ordinance becomes effective on: March 1-7, 1966 ORDINANCE - 2. 4 *• A. 4