HomeMy WebLinkAboutord1986-0211
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INTRODUCED BY:
PROPOSED BY: Building and Codes
DATE: March 13, 1986
ORDINANCE N0. 86-21
AN ORDINANCE AMENDING ORDINANCE 86 -9 TO MORE
CLEARLY SET FORTH THE APPLICABILITY OF THAT
ORDINANCE TO CERTAIN PROPERTIES SITUATED ADJACENT
TO POWER LINE RIGHTS -OF -WAY.
WHEREAS, the Whatcom County Council has adopted a motion requesting the
Planning Commission to review a proposed amendment to section 20.82 of the
Official Whatcom County Zoning Ordinance addressing rural and residential zoned
lands adjacent to the Bonneville Power Administration power line
easement /right -of -way; and
WHEREAS, residential use of certain lands zoned for residential purposes may
not be in the best interest of public health and safety because of the proximity
of the Bonneville Power Administration transmission lines; and
WHEREAS, certain lands, adjacent to the Bonneville Power Administration
power line easement /right -of -way, could be reasonable locations for nonresi-
dential uses; and
WHEREAS, Ordinance No. 86 -9, originally adopted to provide for the above,
has need of further language to more clearly establish the applicability of that
ordinance to properties located next to power line rights -of -way and existing
commercial uses; and
WHEREAS, the changes in Ordinance No. 86 -9 set forth herein are consistent
with previously established legislative intent and therefore administrative in
ure.
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NOW, THEREFORE, BE IT ORDAINED by the County Council of Whatcom County
Ithat Ordinance No. 86 -9 shall be amended to read as follows:
Chapter 20.82
PUBLIC UTILITIES
20.82.010 The provision of this Ordinance shall not be construed to limit or
interfere with the installation, maintenance and operation of public
utility lines, railroads (but not including switching yards or round
houses); or maintenance facilities and necessary office space.
20.82.020 Trunk utility lines, water storage reservoirs, pumping stations,
treatment plants, outfalls and substations shall require a conditional
use permit and shall be subject to a threshold determination in
accordance with the Whatcom County SEPA Ordinance.
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 indus-
trial 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 dis-
tricts; and
f. provided that properties which are adjacent to or crossed by the
Bonneville Power Administration power line right -of- way /easement
ORDINANCE - 2
collector or higher to provide vehicular access, and meet criteria
(c) above, shall also be 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 L den- Nooksac
Plannino Subarea as defined by the Lvnden - Nooksack Vallev Compre-
hensive Plan.
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The Hearing Examiner. shall evaluate said applications pursuant to thel
provisions of Chapter 20.84.200.
PASSED this 27tWay of March , 1986.
ATTEST:
Carol Ebergson
Clerk of the Council
APPROVED AS TO FORM:
Randall J. w4ts
Civil Deputy Pro
Published March 19
ing Attorney
(This Ordinance becomes effective on
IORDINANCE - 3
WHATCOM CO UN Y UNCIL
T OM COUN S NGTON
onald Hansey
Council Chai an
(✓f APPROVED ( ) VETOED
Shirley VanZ ten
County Executive
Date: March 28, 1986
and April 2, 1986
April 7, 1986