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HomeMy WebLinkAboutord1986-0421 2 3 4 5 6 7i 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 DATE: May 15, 1986 INTRODUCED BY: Consent PROPOSED BY: PLANNING ORDINANCE NO. 86 -42 AN ORDINANCE ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR THE GEOGRAPHIC AREA KNOWN AS THE LYNDEN- NOOKSACK VALLEY SUBAREA, SITUATED IN WHATCOM COUNTY. WHEREAS, the Whatcom County Planning Agency is charged with updating and revising Title 20, The Official Whatcom County Zoning Ordinance, and providing recommendations for legislative action to Whatcom County Council; and WHEREAS, the Whatcom County Planning Agency has reviewed the provisions of the Interim Zoning Ordinance as applied to the Lynden - Nooksack Valley Subarea, through the development of a Background Document that inventoried and analyzed land use, transportation, community facilities and utilities, and environmental features existing in the subarea, and determined important land use related issues; and WHEREAS, the Whatcom County Planning Agency developed a comprehensive citizen participation process that resulted in the suggested amendments to Title 20, The Official Whatcom County Zoning Ordinance; and WHEREAS, the Whatcom County Planning Commission conducted one public hearing on January 21, 1986, for the purpose of receiving public testimony on the proposed zoning; and WHEREAS, the Whatcom County Planning Commission has prepared Findings, Reasons, and Motion recommending the amendments to Title 20 for the Lyn - den- Nooksack Valley Subarea and portion of the Urban Fringe Subarea; and WHEREAS, the Whatcom County Council has reviewed the Planning Agency's Findings, Reasons and Motion; NOW, THEREFORE, BE IT ORDAINED by Whatcom County Council as follows: Section 1. Zoning Text "^ ' 1 Official Whatenm Co:anty Zoning Ordinance, is hereby Title �v, 1,.�: .,f��.,a�� amended to read as set forth in Exhibit 4, which is attached hereto and incorporated herein by reference, and the amended Title 20 is hereby adopted for the area referred to as the Lynden - Nooksack Valley Subarea. `DRAFT 1, PAGE 1, May 15, 1986 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 FOR 26 27 28 29 30 31 32 Section 2. Zoning Map The Official Whatcom County Zoning Map for the area referred to as the Lynden- Nooksack Valley Subarea is hereby amended in its entirety, as set forth in Exhibit 5, which is attached hereto and incorporated herein by reference. Section 3. Repealer The Interim Zoning Ordinance, Chapter 2.24 of the Whatcom County Code, text and map, is hereby repealed as it affects the Lynden- Nooksack Valley Subarea. Section 4. Validity Adjudication of invalidity of any of the sections, clauses, or provi- sions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. PASSED this 19th day of June ATTEST: Clerk of Council APPROVED AS TO FORM: • " Randy watts, Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY,SHINf6TON Hansey ZXhj6. rpCrson , 1986. (-J' APPROVED ( ) VETOED JCS..,,.. Shirley Van Z ten, Ex utive _June 20, 1986 Date Published June 4 and July 2 This Ordinance becomes effective June 30 DRAFT 1, PAGE 2, May 15, 1986 �>t.AcED t FOR 0 EXHIBIT 4 STon��R MAR 11 2008 FFICIAL WHATCO Orvi UNCIL COUNTY C OM COUNTY ORDINANCE TITLE 20 U710 SE-P vac r IMPLEMENTATION T T E I wu; 0 OF SE--I�OCC-- M,4-1�Ck) lcle7 o 2 ff a'- uil a I ff( s jilne 1096 L iiiisi al�►5 a AX y -kp W Nv �-Rip Lyndea -Nqp�qpc i. a ke $pTf.h §9� �g 0covull Fmfff� \VmJHS�J) alubmEr'sm "ie 0 I F cc, (m It 1,5 Ombco ��( m o 2 ff a'- uil a I ff( s jilne 1096 TITLE 20 OFFICIAL WHATCOM COUNTY ZONING ORDINANCE Chapters: 20.04 GENERAL PROVISIONS 20.04.010 Statutory Authority 20.04.020 Statement of Purpose 20.04.030 Interpretation and Conflict 20.04.035 Administrative Responsibilities 20.04.040 Title 20.04.050 Application 20.04.060 Establishment of Districts 20.04.070 Adoptions of District Zoning Maps 20.04.080 Amendments 20.20 (UR) URBAN RESIDENTIAL DISTRICT 20.22 (URM) URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT 20.32 (RR) RESIDENTIAL RURAL DISTRICT 20.34 (RR -I) RURAL RESIDENTIAL- ISLAND 20.36 (R) RURAL DISTRICT 20.40 (AG) AGRICULTURAL DISTRICT 20.42 (F) FORESTRY DISTRICT 20.44 (ROS) RECREATION AND OPEN SPACE DISTRICT 20.60 (NC) NEIGHBORHOOD COMMERCIAL DISTRICT 20.62 (GC) GENERAL COMMERCIAL DISTRICT 20.63 (TC) TOURIST COMMERCIAL DISTRICT 20.64 (RC) RESORT COMMERCIAL DISTRICT 20.66 (LII) LIGHT IMPACT INDUSTRIAL DISTRICT 20.67 (GM) GENERAL MANUFACTURING DISTRICT 20.68 (HII) HEAVY IMPACT INDUSTRIAL DISTRICT 20.70 (AO) AIRPORT OPERATIONS Chapters: 20.80 20.80.200 20.80.300 20.80.350 20.80.400 20.80.500 20.80.600 20.80.700 20.80.800 11 20.83 20.84 20.85 20.86 20.88 20.89 20.90 20.92 20.94 20.95 20.97 SUPPLEMENTARY REQUIREMENTS Setback Requirements Waterfront Lots Variances to Lot Area and Width Requirements for New Subdivisions Clear Visions Sign Controls General Development Standards Off- Street Parking and Loading Livestock Regulations PUBLIC UTILITIES NONCONFORMING USES AND PARCELS VARIANCES, CONDITIONAL USES AND APPEALS PLANNED UNIT DEVELOPMENT PROCEDURES FOR LII, GM AND HII DISTRICT APPLICATIONS MAJOR DEVELOPMENT PERMITS DENSITY TRANSFER PROCEDURE AMENDMENT AND FEES HEARING EXAMINER ENFORCEMENT AND PENALTIES SEVERABILITY DEFINITIONS OFFICIAI, ZONING MAPS FOLLOW TEXT: Cherry Point - Ferndale Subarea Lake Whatcom Subarea Urban Fringe Subarea I.ummi Island Subarea Chuckanut -Lake Samish Subarea Lynden- Nooksack Valley Subarea Chapter 20.04 GENERAL PROVISIONS 20.04.010 STATUTORY AUTHORITY 20.04.010 - 20.04.035 This Ordinance is adopted pursuant to the provisions of RCW 36.70 which empowers a county to enact a zoning ordinance and provide for its administration, enforce- ment and amendment. 20.04.020 STATEMENT OF PURPOSE The purpose and intent of the Title is to further the goals and policies of the Whatcom County Comprehensive Plan by providing the authority for and procedures to be followed in regulating the physical development of Whatcom County, through coordinating the execution of both public and private projects with respect to all subject matters utilized for developing and servicing land. The objective of this Title is to assure the highest standards of environment for living, and the operation of commerce, industry, agriculture and recreation; and to assure maximum economies in order to conserve the highest degree of public health, safety, morals and welfare. 20.04.030 INTERPRETATION AND CONFLICT In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion of public health, safety, conven- ience, order, morals and general welfare. It is not intended by this Title to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided however, that where this Title imposes a larger space than is imposed or required by other ordinance, rules or private agreements, the provisions of this Title shall govern. In the event that uncertainty is deemed to exist on the Official Whatcom County Zoning Map, district boundaries shall be on section lines; lot lines; the center lines of highways, streets, alleys, railroad right -of -way or such lines extended; municipal corporation lines; natural boundary lines, such as streams and topography; the Ordinary High Water Mark (OHWM) of lakes, streams and. tidal waters subject to Shoreline Management Program jurisdiction; or other lines to be determined by the use of scales shown on said Map. Where a zoning district line purposely divides a land parcel, such parcel shall be subject to the procedures and requirements of the respective districts as applied. In the event that districts are overlain by Shoreline Management Program designation(s), the most restrictive regulations of either the Shoreline Management Program or the Official Whatcom County Zoning Ordinance shall apply. 20.04.035 ADMINISTRATIVE RESPONSIBILITIES The Bureau of Buildings and Code Administration is responsible for the adminis- tration of this Title. The Bureau shall act.as a coordinating agent to ensure that the regulatory process is expeditious and shall recognize input provided by other departments having appropriate expertise including: the Bureau of Engineer- ing for solid waste, road, drainage and land alteration; the Fire Marshal for fire - related issues; the Bellingham- Whatcom County Health District for domestic water, waste disposal and noise; and the Planning Department for land use and general site design. All departments of county government shall cooperate fully with the Bureau in the exercise of their duties relative to land use controls and regulations. (Adopted per WCC 20.04.080(l)(i). 20.04.040- 20.04.060 20.04.040 TITLE This Title may be cited as either: (1) Official Whatcom County Zoning Ordinance; or (2) Title 20, Whatcom County Code; or (3) Whatcom County Zoning Code. 20.04.050 APPLICATION This Title shall be applicable to those areas of Whatcom County where a Subarea Comprehensive Plan has been developed, pursuant to the Whatcom County Comprehen- sive Planning Process, and officially adopted by the Whatcom County Council, pursuant to RCW 36.70.400. (1) For the area contained in the Cherry Point - Ferndale Subarea Comprehensive Land Use Plan, this Title is adopted pursuant to Whatcom County Ordinance No. 81 -99 and is effective September 17, 1981. (2) For the area contained in the Lake Whatcom Subarea Comprehensive Land Use Plan, this Title is adopted pursuant to Whatcom County Ordinance No. 82 --58 and is effective September 2, 1982. (Amended per WCC 20.04.080(1)(a)) (3) For the area contained in the Urban Fringe Subarea Comprehensive Land Use Plan, this Title is adopted pursuant to Whatcom County Ordinance No. 84 -38 and is effective April 23, 1984. (Adopted per WCC 20.04.080(1)(h)) (4) For the area contained in the Lummi Island Subarea Comprehensive Land Use Plan, this Title is adopted pursuant to Whatcom County Ordinance No. 85 -100 and is effective December 16, 1985. (Adopted per WCC 20.04.080(1)(t)) (5) For the area contained in the Chuckanut -Lake Samish Subarea Comprehensive Land Use Plan, this Title is adopted pursuant to Whatcom County Ordinance No. 86 -29 and is effective May 12, 1986. (Adopted per WCC 20.04.080(1)(z)) 20.04.060 ESTABLISHMENT OF DISTRICTS For the purpose of furthering the goals and policies of the Comprehensive Plan and to carry out the provision of this Title, Whatcom County is hereby divided into the following districts: Chapter Abbreviation District 20.20 UR Urban Residential 20.22 URM Urban Residential Medium Density District 20.32 RR Residential Rural 20.34 RR -I Rural Residential - Island 20.36 R Rural 20.40 AG Agricultural 20.42 F Forestry 20.44 ROS Recreation and Open Space 20.60 NC Neighborhood Commercial 20.62 GC General Commercial 20.63 TC Tourist Commercial 20.64 RC Resort Commercial 20.66 LII Light Impact Industrial 20.67 GM General Manufacturing 20.68 HII Heavy Impact Industrial 20.70 AO Airport Operations (Amended per WCC 20.04.080(1)(a),(h),(t)) 20.04.070- 20.04.080 20.04.070 ADOPTION OF DISTRICT ZONING MAPS The boundaries and district classifications hereby established are shown on a map, and series thereof, entitled the "Official Whatcom County Zoning Map." Such maps and all notations, references, data and other information shown thereon are by reference made part of this Title. 20.04.080 AMENDMENTS Title 20 text and zoning maps were originally adopted as part of the Cherry Point - Ferndale Subarea Comprehensive Land Use Plan. Subsequent text and map changes to Title 20 are as follows: (1) Text Amendments (a) Ordinance Number 82 -58, dated August 19, 1982, File Ref. No. ZMT 5 -81, Amendment of Title 20 and Adoption of zoning text for the Lake Whatcom Subarea. (b) Ordinance Number 82 -78, dated November 4, 1982, File Ref. No. ZT 6 -82, Amendment of Title 20 pertaining, to the Regulation of Nonconforming Uses and Parcels, Sections 20.83.060, 20.83.070, 20.83.071 and 20.83.072. (c) Ordinance Number 83 -17, effective date March 21, 1983, No file refer- ence, Amendment of WCC 20.97.450 pertaining to the definition of "front yard." (d) Ordinance Number 83 -31., effective May 2, 1983, File Ref. No. ZT 2 -83, Amendment of WCC Chapters 20.20, 20.22, 20.32 and 20.36 to allow temporary dwellings for disabled family members as ,a conditional use. (e) Ordinance Number 83 -32, effective date May 2, 1983, File Ref. No. ZT 4 -83, Amendment of WCC 20.40.153 to reduce setback requirements for seasonal farm labor housing and camping facilities. (f) Ordinance Number 84 -23, effective date March 12, 1984, No file refer- ence, Amendment and Clarification of the scope of Ordinance No. 83 -31 (WCC 20.04.080(1)(d)) pertaining to temporary dwellings for disabled family members. (g) Ordinance Number 84 -24, effective date March 12, 1984, No file refer- ence, Amendment of WCC 20.92.150 clarifying the appointment procedure for the Hearing Examiner. (h) Ordinance Number 84 -38, effective date April 23, 1984, File Ref. No. ZMT 4 -82, Amendment of Title 20 and adoption of zone text for the Urban Fringe Subarea. (i) Ordinance Number 84 -79, effective date August 27, 1984, File Ref. No. ZT 11 -83, adoption of Chapter 20.85, Planned Unit Development Ordinance and WCC 20.04.035, Administrative Responsibilities, and Amendment of Chapter 20.92, Hearing Examiner. 20.04.080 (j) Ordinance No. 85 -13, effective March 4, 1985, File Ref. No. ZMT 6 -84, amendment of WCC 20.63.155 pertaining to public uses. (k) Ordinance No. 85 -31, effective May 27, 1985, File Ref. No. ZT 4 -85, amendment of WCC 20.80.210 pertaining to setback requirements of the General Manufacturing Zone. (1) Ordinance No. 85 -36, effective June 17, 1985, File Ref. No. ZT 9 -85, amendment of WCC 20.62.651 pertaining to landscaping requirements. (m) Ordinance No. 85 -37, effective June 17, 1985, File Ref. No. ZT 9-85, amendment of WCC 20.66.551, pertaining to conditions of the Light Impact Industrial District. (n) Ordinance No. 85 -38, effective June 17, 1985, File Ref. No. ZT 9 -85, amendment of WCC 20.80.210, pertaining to minimum building setbacks. (o) Ordinance No. 85 -33, effective June 17, 1985, File Ref. No. ZT 11 -85, amendment of WCC 20.84.250, pertaining to Fees. (p) Ordinance No. 85 -41, effective June 17, 1985, File Ref. No. ZT 6 -85, amendment of WCC 20.92.205(1) and 20.92.210, pertaining to Hearing Examiner decisions on preliminary plats. (q) Ordinance No. 85 -55, effective August 5, 1985, File Ref. No. ZT 8 -85, temporary creation of a new section to both Title 20 and the Interim Zoning Ordinance to be known as 20A and 2.24A, respectively, to allow temporary bed and breakfast establishments in specified zone districts as a permitted use during April 1, 1986 through November 30, 1986 only (to accommodate Expo 86 anticipated needs). (r) Ordinance No. 85 -70, dated August 8, 1985, File Ref. No. ZT 10 -85, amendment of WCC 20.20.400, 20.22.400, 20.32.400, 20.36.400, and 20.97.040, pertaining to Building Height definitions and regulations. (s) Ordinance No. 85 -79, effective December 2, 1985, File Ref. No. ZT 12- 85, temporary creation of a new section to both Title 20 and the Interim Zoning Ordinance to be known as 20B and 2.24B, respectively, to allow temporary Recreational Vehicle Parks and Campgrounds in specified zone districts as permitted uses, during April 1, 1986 through November 30, 1986 only (to accommodate Expo 86 anticipated needs). (t) Ordinance No. 85 -100, effective December 16, 1985, File Ref. No. ZMT 13 -85, amendment of WCC 20.04, 20.80 and 20.90; and addition of new Section 20.34 (Rural Residential- Island). (u) Ordinance No. 86 -9, effective March 6, 1986, File Ref. No. ZT 2 -86, amendment of WCC 20.82 pertaining to public utilities. (v) Ordinance No. 86 -15, effective March 17, 1986, File Ref. No. ZT 15 -85, amendment of 20.83.040 pertaining to nonconforming uses and parcels. (w) Ordinance No. 86 -16, effective March 17, 1986, File Ref. No. ZT 16 -85, amendment of 20.85.403 Fees, and 20.88.285 Major Development Permits - exempting a P.U.D. from requirements thereof. 20.04.080 (x) Ordinance No. 86 -20, effective March 31, 1986, File Ref. No. ZT 3 -86, amendment of 20.80.282, Agriculture District. (y) Ordinance No. 86 -21, effective April 7, 1986, File Ref. No. ZT 2 -86, amendment of Ordinance No. 86 -9 to more clearly set forth the applicability of that ordinance to certain properties situated adjacent to power line rights -of -way. (z) Ordinance No. 86 -29, effective May 12, 1986, File Ref. No. CMT 3 -85 and ZMT 14 -85, adoption of Chuckanut -Lake Samish Subarea Comprehensive Plan and amendment of Title 20, Sections 20.32, 2p.60 and 20.97. (aa) Ordinance No. 86 -42, effective June 30, 1986, File Ref. No. CMT 1 -86 and ZMT 1 -86, adoption of Lynden - Nooksack Valley Subarea Comprehensive Plan and amendment of Title 20, Sections 20.36, 20.40, 20.42, 20.80 and 20.97. (2) Map Amendments (a) Ordinance No. 82 -58, dated August 19, 1982, File Ref. No. ZMT 5 -81, adoption of zoning districts for Lake Whatcom Subarea. (b) Ordinance No. 84 -10, effective date February 2, 1984, File Ref. No. ZM 8 -83, adoption of Neighborhood Commercial Zone District for Sudden Valley. (c) Ordinance No. 84 -38, effective date April 23, 1984, File Ref. No. ZMT 4 -82, adoption of zoning districts for the Urban Fringe Subarea. (d) Ordinance 85 -13, effective date March 4, 1985, File Ref. No. ZMT 6 -84, for Lynden Border Crossing. (e) Ordinance No. 85 -100, effective date December 16, 1985, File Ref. No. ZMT 13 -85, for the Lummi Island Subarea. (f) Ordinance No. 86 -29, effective date May 12, 1986, File Ref. No. CMT 3- 85 and ZMT 14 -85, for the Chuckanut -Lake Samish Subarea. (g) Ordinance No. 86 -40, effective June 30, 1986, File Ref. No. CMT 1 -86 and ZMT 1 -86, for the General Commercial zone at the southeast quadrant of the intersection of Smith Road and the Guide Meridian. (h) Ordinance No. 86 -42, effective June 30, 1986, File Ref. CMT 1 -86 and ZMT 1 -86, for the Lynden - Nooksack Valley Subarea. Chapter 20.20 URBAN RESIDENTIAL (UR) DISTRICT 20.20.010 PURPOSE 20.20.010 - 20.20.152 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 (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 Single - family attached dwellings provided that public sewer, water and storm water collection and retention facilities, where identified by the appropri- ate subarea comprehensive plan policies, 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, flori- culture, silviculture and beekeeping. .054 Home occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. .055 Neighborhood parks and public recreation facilities. .056 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County -Shoreline Management Program. 20.20.100 ACCESSORY USES Accessory uses incidental to the primary permitted uses. 20.20.150 CONDITIONAL USES .151 Parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction. .152 Public Schools. 20.20.153- 20.20.160 .153 Churches. .154 Fire stations. .155 Community clubs /centers. .156 Retirement and convalescent homes. .157 Neighborhood grocery stores; provided that: (1) the gross commercial floor areas, including sales and storage areas, shall not exceed 2,500 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; (4) minor auto repairs may be Frovided; however engine overhaul, body and fender work, tire recapping E:nd 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 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 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 appear- ance with the character of the surrounding area. Signs may only be illuminated by an indirect external source. .158 Golf course. (Adopted per WCC 20.04.080(1)(a)) .159 Educational and religious training institutions and summer camps, and social rehabilitation centers. (Adopted per WCC 20.04.080(1)(a)) .160 A manufactured home of 660 square feet or less, a fully serviced travel trailer or motor home, to provide: 20.20.160 - 20.20.251 (1) A temporary dwelling space for family members who, due to profession- ally documented physical or mental disorders, or risks of such dis- orders, 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 restric- tions and lot coverage requirements; (4) The temporary home shall be connected to an approved water and adequate capacity sewage disposal system; (5) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (6) The permit shall be valued 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 the original permit remain in effect. (7) The 600 square foot trailer /mobile home parcels two (2) acres in size or larger. (Adopted per WCC 20.04.080(1)(d); Amended per WCC 20.20.200 PROHIBITED USES All other uses. size limit shall not apply on 20.04.080(1)(f)) 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 consideration 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 sewer and water are provided, the minimum lot size shall be 8,000 square feet. (Amended per WCC 20.04.080(.l)(a)) .252 Maximum Densitv and Minimum Lot Size Amended per WCC 20.04.080(1)(a), (h) .253 Minimum Lot Width and Depth WIDTH AT STREFT LINE DISTRICT CONVENTIONAL /CLUSTER UR without public 300' 70'* sewer and water 20.20.252 - 20.20.253 MIN. RESERVE MINIMUM LOT SIZE AREA (CLUSTER CONVENTIONAL /CLUSTER SUBDIVISIONS) 5 acres 1 acre 55% 5 acres 12,000 sq. ft. 8,000 sq. ft. 15,000 75% sq. ft. 8,000 25% sq. ft. 6,000 sq. ft. WIDTH AT BLDG. LINE 80' 20% MINIMUM MEAN DEPTH 0' 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 onl}. (Amended per WCC 20.04.080(1)(a),(h)) GROSS DISTRICT DENSITY UR without public 1 dwelling sewer and water unit /5 acres UR with public 1 dwelling sewer or water unit /5 acres UR with public sewer 3 dwelling and water collection units /l acre and retention facili- ties where identified by the appropriate subarea comprehensive plan policies UR with public sewer 4 dwelling and water collection units /acre 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 STREFT LINE DISTRICT CONVENTIONAL /CLUSTER UR without public 300' 70'* sewer and water 20.20.252 - 20.20.253 MIN. RESERVE MINIMUM LOT SIZE AREA (CLUSTER CONVENTIONAL /CLUSTER SUBDIVISIONS) 5 acres 1 acre 55% 5 acres 12,000 sq. ft. 8,000 sq. ft. 15,000 75% sq. ft. 8,000 25% sq. ft. 6,000 sq. ft. WIDTH AT BLDG. LINE 80' 20% MINIMUM MEAN DEPTH 0' 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 onl}. (Amended per WCC 20.04.080(1)(a),(h)) 20.20.300- 20.20.320 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 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 encroach- ments 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 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 resi- dents 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 rot 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. 20.20.320- 20.20.651 (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. Tte 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 dirty -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 (r)) 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 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 subsegtent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent troperties, 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 %ith the land. Said covenant or dead 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 tl.at the risk of liability to Whatcom County or the previously existing agricultural or forestry uses will not be increased thereby. 20.20.652- 20.20.653 .652 Parking Requirements: Parking shall conform to the requirements of Section 20.80.700 of the Official Whatcom County Zoning Orc'inance. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas. .653 Livestock Regulations: The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). 20.22.010 - 20.22.158 Chapter 20.22 URBAN RESIDENTIAL MEDIUM DENSITY (URM) DISTRICT 20.22.010 PURPOSE 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 farms shall be accomplished through respon- sible 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 Neighborhood 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 Whatcon County Shoreline Management Program. .103 Other accessory uses incidental tc; the primary permitted uses. 20.22.150 CONDITIONAL USES .151 Multi - family residential including apartments and residential condominiums but not time share condominiums. .152 Rooming houses .153 Mobile home parks .154 Parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction. .155 Public schools .156 Fire stations .157 Community clubs /centers .158 Professional offices 20.22.159 - 20.22.251 .159 Retirement and convalescent homes and other health - related services consist- ent with the purpose of the district. .160 Golf courses .161 Children and adult care facilities as defined by Washington Administrative Code Section 388 -73- 014(1), (4), and (6)(a) and (b). .162 A manufactured home of 660 square feet or less, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to profession- ally documented physical or mental disorders, or risks of such dis- orders, 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 restric- tions, and lot coverage requirements; (4) The temporary home shall be connected to an approved water and adequate capacity sewage disposal system; (5) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (6) The permit shall be valued 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 the original permit remain in effect. (7) The 600 square foot trailer /mobile home size limit shall not apply on . parcels two (2) acres in size or larger. (Adopted per WCC 20.04.080(1)(d);Amended per WCC 20.04.080(1)(f)) 20.22.200 PROHIBITED USES All other uses. 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 8,000 square feet. Where the lot cluster subdivision method is available, the minimum lot size is based on the consideration of the District's setback require- ments (WCC 20.80.200) and the Bellingham - Whatcom County Health Department regulations for on -site septic disposal. 20.22.252 - 20.22.253 .252 Maximum Density and Minimum Lot Size - General (1) MIN.RESERVE GROSS MINIMUM LOT SIZE AREA(CLUSTER DISTRICT DENSIT" CONVENTIONAL /C1USTER 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 75% public sewer and water) unit /5 acres sq. ft. URM -6 with public sewer, 6 dwelling 7,200 N/A N/A water and stormwater col- units /1 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 N/A water and stormwater col- units /1 :acre sq. ft. lection and retention facilities where identified by the appropriate subarea comprehensive plan policies. URM -18 with public sewer, 18 dwell_ng 7,200 N/A N/A water and stormwater col- units /1 :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)) (2) Where the Whatcom County Compreh(:nsive 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 equa,_ to that established by the comprehensive plan; PROVIDED that public sewer and water is available. 253 Maximum Density and Minimum Lot S ze - Specific Uses (1) Multi - family residential uses as provided in Section 20.22.151 shall have a minimum parcel size equal to thl� 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 o' seven (7) units per acre and a minimum net parcel size of two (2) acres. 20.22.254- 20.22.320 .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 i:; 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 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 encroach- ments 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 purpose of this Section, of a proposed subdivision or agricultural, forestry, open spas "reserve tracts" created through the following provisions: "reserve tract" is defined as that portion short subdivision which is intended for 3e 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 resi- dents of the subdivision, conveyed to a third party. 20.22.320 - 20.22.501 (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)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, Para- graph 1, 2 and 3 shall be comriunicated in writing on the face of the plat or short plat. The numbtsr of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominf!ntly displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communi- cating clearly such information to all purchasers and prospective purchasers of building lots or "reserve lots." (5) At the time of filing of am, final plat or short plat containing a "reserve tract," the subdivider shall execute a covenant limiting the use of said 'reserve .tract' --onsistent with the requirement of para- graphs (2) through (4) abov-:. This covenant shall be enforceable by Whatcom County and be recorded at the time of final plat approval as a covenant running with the laid; provided that, it may be later amended by mutual agreement between said parties after review for consistency and compliance with the OffLcial Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Compre- hensive Plan. (Adopted per WCC 20.040.80(1) h)) 20.22.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). 20.22.400 HEIGHT REGULATIONS Maximum height shall be limited to forte (40) feet. Height of structures shall also conform to, where applicable, :he general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h) and (r-) 20.22.450 LOT COVERAGE No structure or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five porcent (35X) of the total area. 20.22.500 OPEN SPACE .501 Multi - family housing shall keep twenty percent (20X) of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. 20.22.502- 20.22.651 .502 Mobile home and recreational vehicle parks shall keep 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 administer -ed pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.22.650 DEVELOPMENT 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 vis:_ble by surrounding uses or roads. (2) Conditional Uses: In addition to conforming with WCC 20.22.651(1), all conditional uses provided by WCC 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 circu:ation design for pedestrians, vehicles and bicycles; (d) provide an integrated circulation design that complements the architectural design of %he project, considers adjoining land use activities and meets adopted county standards; (e) provide an integrated si:reet and land use design which provides for appropriate sized roadways to meet anticipated traffic demands; (f) minimize ingress and egress points to arterials; (g) utilize valuable or unique natural features as part of the site design; and (h) accommodate physical con : ;traints of a site. (3) Multi - family Residential: In addition to conforming with WCC 20.22.651(1) and (2), all 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 inc'ividual units towards parks, open space and other natural features; (b) discourage views from individual units towards other dwelling units; (c) implement comprehensive flan policies addressing view blockage; (d) provide, regardless of the project's scale, adequate fire protec- tion and acoustical privfcy between dwellings to meet fire code requirements and "Sounc. Transmission Code" (STC) ratings found in Chapter 10 or "A Guidf to Airborne, Impact, and Structure Borne Noise Control in Multi - Family Dwellings" by U.S. Department of Housing and Urban Development; and 20.22.651- 20.22.652 (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 WCC 20.22.651(1) and (2), all nonresidential development as provided by WCC Sections 20.22.155, .157, .158, .162, .163 and .164, or other nonresidential conditional u:3e when developed in conjunction with the specific uses cited in 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 .md parking; (c) orient land use activities requiring traffic flows or vehicular types heavier than fo° residential areas towards arterials or collectors and away from residential areas; and (d) encourage activity areas of a project involving lighting, noise or traffic away from residential areas. (5) Mixed Use Development: In addition to conforming with WCC 20.22.651(1), (2), (3) arni (4), all projects containing both multi- family residential and nonre:idential developments as allowed by this chapter shall be designed, consistent with the scale of the project, to: (a) orient nonresidential hi;fh 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 compatible characteristics to be developed within residential areas. Stich 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 pathway which links the residential and nonresidential development together. (Amended per WCC 20.04.080(1)ih)) 652 Landscaping: A landscape plan, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ord:,.nance, shall be submitted to the Zoning Administrator for approval. For conditional uses the plan shall conform to the following requirements: (1) Fifteen (15) feet within the front yard setback situated adjacent to the right -of -way shall be used only for landscaping, walkways and permitted signs. This same area may be penetrated by driveways which access required parking areas. With approval of the zoning administra- tor after review of a site plim, the balance of a front yard setback not contained in the landscape area may be used for parking and maneuvering. 20.22.652 - 20.22.657 (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 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 vegeta- tion that has minimal irrigation needs such as native Northwest vegetative species or non- ►iative species which have a demonstrated suitability for Whatcom County. (4) Implementation of said lan,1scape 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 landscaping cost. (Amended per WCC 20.04.080(1)(h)) .653 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 Ordi- nance. .656 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County Zoning Ordinance, driveway plans shall bt! reviewed by the County Engineer or State Department of Highways. (Amended per WCC 20.04.080(1)(h)) .657 Access and Roadways: Access shall conform to the provisions of Section 20.80.660 of the Official Whatcom County Zoning Ordinance. Roadways shall be provided pursuant to the requirements of the County Engineer. 20.22.658- 20.22.704 .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 )art 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. .660 Plat Language for Proposed Subdivisions: Where a proposed subdivision 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 rim with the land. Said covenant or deed restriction may be removed by subm!.ssion 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 or 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 )f gasoline in service stations. .702 There shall be no production of n,)ise at any property line of any use in this District in excess of the ave•age 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 itpon which such heat, glare or vibration is being generated. (District adopted per WCC 20.04.080(1)(:i)) Chapter 20.32 RESIDENTIAL RURAL (RR) DISTRICT 20.32.010 PURPOSE 20.32.010 - 20.32.154 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 oppor- tunity 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 2O.O4 ;08O(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 (Supplemen- tary 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 require- ments of this District. .053 Neighborhood parks and public recreation facilities. .054 The raising of crops, fruits, berries, horticultural products and animal husbandry. .055 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. .056 Detached garages, carports, buildings for the storage of home garden equipment, home workshops, home greenhouses and other buildings normally accessory to residential uses. .057 Home occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. 20.32.150 CONDITIONAL USES .151 Parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction. .152 Public schools. .153 Churches. .154 Fire Stations. 20.32.155 - 20.32.159 .155 Community clubs /centers. .156 Retirement and convalescent homes. .157 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 build- ing, 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. .158 Golf course. (Adopted per WCC 20.04.080(1)(a)) 159 A manufactured home of 600 square feet or less, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to profession- ally documented physical or mental disorders, or risks of such dis- orders, 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; s 20.32.159- 20.32.251 PROVIDED, that (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restric- tions and lot coverage requirements; (4) The temporary home shall be connected to an approved water and adequate capacity sewage disposal system; (5) When the need for daily care no longer becomes necessary, the temporary home shall be removed; (6) The permit shall be valued 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 the original permit remain in effect. (7) The 600 square foot trailer /mobile home size limit shall not apply on parcels two (2) acres in size or larger. (Adopted per WCC 20.04.080(1)(d); Amended per WCC 20.04.080(1)(f)) 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 pudic sewer and /or water is available, as well as whether stormwater collection and retention facilities, where identified by the appropriate sub<�rea 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 areas or 12,000 square feet for RR3 areas. The lot cluster subdivision method shall only be used if public sewer and /or water are provided and 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. (Amended per WCC 20.04.080(1)(a) and (z)) 20.32.252 - 20.32.310 .252 Maximum Density and Minimum Lot Size DISTRICT GROSS DENSITY MINIMUM LOT CONVENTIONAL /CLUSTER SIZE MIN. RESERVE. AREA(CLUSTER SUBDIVISIONS) RR with neither public 1 dwelling 1 acre 1 acre 0% sewer or water unit /1 acre RR with public sewer 2 dwelling 18,000 15,000 10% and /or water, and units /1 acre sq. ft. sq. ft. stormwater retention and collection facilities or where identified by the appropriate subarea 3 dwelling 12,000 8,000 25% comprehensive plan policies. units /1 E:cre sq. ft. sq. ft. (Amended per WCC 20.04.080(1)(a),(h) ai.d (z)) .253 Minimum Lot Width and D 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) aid (z)) 20.32.300 LOT CLUSTERING AND RESERVE TFACT .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 develotment. 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. 20.32.310- 20.32.320 (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 encroach- ments 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 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 Chapter, the "reserve tract" may be retained by the subdivider, conveyed to resi- dents 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 rot 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 - 20.32.653 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 (r)) 20.32.450 LOT COVERAGE No structure or combination of structures shall occupy or cover more than thirty - five percent (35%) of the total area. 20.32.650 DEVELOPMENT STANDARDS .651 Plat Language for Proposed Subdivisions: When a proposed subdivision or shcrt 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 actiiity on said agricultural or forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deec restriction upon the plat and each lot thereof, and shall run with the lend. 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 Hering Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County or 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 Orcinance. 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.£00 (Supplementary Requirements). 20.34.010 - 20.34.151 Chapter 20.34 RURAL RESIDENTIAL- ISLAND (RR -I) DISTRICT 20.34.010 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 Li i Island Plan. Furthermore, the purpose of this district is to provide the option for residen- tial 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, flori- culture and beekeeping; and the cultivation of crops. .053 Home occupations pursuant to Section 20.97.180 of the Official Whatcom County Zoning Ordinance. .054 Noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. .055 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. .056 Small wood lot management, tree farming, commercial forestry and reforesta- tion, including the temporary use of portable management harvesting or processing equipment. 20.34.100 ACCESSORY USES Accessory uses incidental to the primary permitted uses. 20.34.150 CONDITIONAL USES .151 Schools, churches, libraries, fire stations, community clubs, summer camps, cemeteries, retirement and convalescent homes, and other public facilities which are consistent with the purpose of this District. 20.34.152 - 20.34.251 .152 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. .153 Commercial uses including retail trade, professional and personal services. .154 Light Industrial uses associated with fishing, forestry and agriculture, including manufacturing, processing, repair and storage and distribution of goods. .155 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 750 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. 20.34.170 LIMITED USE NEAR SHORELINE On the shore side of West Shore Drive Emd 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: 20.34.251 (1) Ground Water Recharge Areas: Within Ground Water Recharge Areas specified on the D i 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 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) acme parcel with thirty -one (31) acres within Ground Water Recharge Aretts 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 Ground 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). 20.34.252- 20.34.310 .252 Maximum Density and Minimum Lot Size MIN. RESERVE GROSS MINIMUM LOT SIZE AREA (CLUSTER AREA DENSITY CONVENTIONAL /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 WIDTH AT STREET LINE WIDTH AT MINIMUM AREA CONVENTIONAL /CLUSTER BLDG. LINE MEAN DEPTH RR -I 200' 70'* 80' 100' outside Recharge Areas RR -I 300' 70'* 80' 100' within Recharge Areas * Thirty feet (30') on a cul -de -sac only. 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. 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. 20.34.310- 20.34.320 (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 encroach- ments 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 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 resi- dents 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 riot 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 communi- cating clearly such information to all purchasers and prospective purchasers of building lots c.r "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 ar: 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 Comprehen- sive Plan. 20.34.330- 20.34.651 .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 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 mbximum density. (5) Deed restrictions shall bE. binding on the property until such time that the zone district density provisions are amended to allow addi- tional 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 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 pla 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 20.34.651 - 20.34.656 of the plat boundary. However, the Hearing Examiner shall remove the restriction only upon finding that the risk of liability to Whatcom County or 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. .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 these 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 huilt on potentially unstable slopes as identified on Figure C1 and C2 of the Lummi Island Comprehensive Plan unless they can be designed End 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 low 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 undergrourd 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 i:round rather than be conveyed by pipe or ditches away from the island. (4) Naturally occurring ponds and swamps shall not be drained. Chapter 20.36 RURAL (R) DISTRICT 20.36.010 PURPOSE 20.36.010 - 20.36.057 The purpose of this District is tc 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 (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 detached dwelling per lot. .052 Agriculture including animal husbandry, horticulture, viticulture, flori- culture and beekeeping; and the cultivation of crops. .053 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: (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 WCC 20.80.200; and (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 motion. .054 Soil stripping and sod farming, provided that removal of such material does not exceed 500 cubic yards of soil per year. .055 Home occupations pursuant to Section 20.97.155 of the Official Whatcom County Zoning Ordinance. .056 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program. .057 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 pesticide, and /or herbicide applications as part of their normal farm practices. 20.36.058 - 20.36.156 .058 Small wood lot management, tree farming, commercial forestry and reforesta- tion, including the temporary use of portable management harvesting or processing equipment. 20.36.100 ACCESSORY USES Accessory uses incidental to the primar:r permitted uses. 20.36.150 CONDITIONAL USES .151 Schools, churches, libraries, fire stations, community clubs, summer camps, cemeteries, retirement and convale:ccent homes, and other public facilities which are consistent with the purpose of this District (WCC 20.36.010). .152 Animal hospitals and accessory kennels and stables provided: (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 o° 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. .153 Private commercial kennels and stables intended for the boarding, propaga- tion or training of domestic animas. 154 Housing or camping facilities to accommodate seasonal agricultural employ- ees, 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. .155 Aircraft landing strips when solely for personal uses; provided no landing strip shall be located within tw(, hundred and fifty (250) feet from the center line of the landing strip to any property line, building or struc- ture. The Hearing Examiner shall be further guided by the safety recom- mendations of the Federal Aviation Administration. .156 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 restric- ted by this provision; provide-[ materials, when removed for agricultural purposes, remain on site. 20.36.156 - 20.36.137 (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; (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 maintain- ing 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 concern- ing 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) hours of operation; (b) buffer areas and visual screening; (c) protective fencing; (d) performance and maintenance bonds; (e) reclamation plans; and (f) drainage control. .157 Neighborhood grocery stores, provided that: (1) The gross commercial floor area, including sales and storage areas, shall not exceed 2,500 square feet; 20.36.157- 20.36.160 (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; 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. .158 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)(aa)) (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. .159 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. (Amended per WCC 20.04.080(1)(aa)) .160 Solid waste disposal facilities and sites. 20.36.161- 20.36.251 .161 Golf course. (Adopted per WCC 20.04.080(1)(a)) .162 Hydroelectric projects of five (5) megawatts or less. (Adopted per WCC 20.04.080(1)(a)) .163 A manufactured home of 660 square feet or less, a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to profession- ally documented physical or mental disorders, or risks of such dis- orders, 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 restric- tions and lot coverage requirements; (4) The temporary home shall be connected to an approved water and adequate capacity sewage disposal syst(m; (5) When the need for daily care !io longer becomes necessary, the temporary home shall be removed; (6) The permit shall be valued 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 the original permit remain in effect. (7) The 600 square foot trailer /mobile home size limit shall not apply on parcels two (2) acres in size or larger. (Adopted per WCC 20.04.080(1)(d); :+mended per WCC 20.04.080(1)(f)) 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 subdivi- sion design. Where the conventional subdivision method is used to create new building lots, the minimum lot size shall be five (5) or ten (10) acres. Where the lot cluster subdivision Method is used, the minimum lot size is based on the consideration oi' the District's setback requirements (WCC 20.80.200) and the Bellingham--Whatcom County Health Department regula- tions for on -site septic disposal. .252 Maximum Density and Minimum Lot Si::e GROSS MINIMUM LOT SIZE DISTRICT DENSITY CONVENTIONAL /CLUSTER R -2A without 1 dwelling unit/ public water 300' 2 acres R -2A with 1 dwelling unit/ public water 2 acres R -5A without 1 dwelling unit/ public water 5 acres R -5A with 1 dwelling unit/ public water 5 acres R -10A without 1 dwelling unit/ public water 10 acres R -10A with 1 dwelling unit/ public water 10 acres (Amended per WCC 20.04.080(1)(a)) .253 Minimum Lot Width and Depth WIDTH AT STREET LINT: DISTRICT CONVENTIONAL /CLUSTER R -2 200' 70'* R -5A 300' 70'* R -10A 300' 70'* *Thirty feet (30') on a cul -de -sac only (Amended per WCC 20.04.080(1)(a)) 2 acres 1 acre 2 acres 15,000 sq. ft. 5 acres 1 acre 5 acres 15,000 sq. ft. 10 acres 1 acre 10 acres 15,000 sq. ft. WIDTH AT BLDG. LINE 20.36.252- 20.36.310 MIN. RESERVE AREA (CLUSTER SUBDIVISIONS) 20% 65% 55% 75% 70% 80% MINIMUM MEAN DEPTH 100' 100' 100' 20.36.300 LOT CLUSTERING AND RESERVE TR,►CT .310 LOT CLUSTERING The purpose of lot clustering is to provide an alternative method of creating economical building lots Frith 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: 20.36.310- 20.36.320 (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 pai;tern 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 encroach- ments 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 agricultural, forestry, open sptice 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 resi- dents 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 n(�t 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 Proce::s and Comprehensive Plan revision. (4) The purpose of the reserve j.ract as stated in Section .350, Paragraph ], 2 and 3, shall be communic;tted 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 communi- cating 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 (,f filing of the final plat or short plat, and shall constitute an agreeiient between Whatcom County and the owner 20.36.320- 20.36.653 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. (Amended per WCC 20.04.080(l)(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 (r)) 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 Subdivi::ions: When a proposed subdivision 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 activ;.ty 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 ()f liability to Whatcom County or 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 ;imited 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). Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.010 PURPOSE 20.40.010- 20.40.103 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 (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 Dairying, raising of livestock, husbandry of small animals, raising of crops, raising'of fruits, berries, greenhouse operations, beekeeping of bees 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 20.40.241(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; 20.40.103- 20.40.152 (2) A deed restriction recorded with the Whatcom County Auditor is attached v to the dwelling at the time of building permit issuance, stating that the dwelling can't 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; (Amended per WCC 20.04.080(1)(aa)) (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. .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)(aa)) 20.40.150 CONDITIONAL USES .151 Fire stations, schools, churches, libraries, community clubs; and the expansion of said uses, provided that all new construction must be located fifty (50) feet or more from external property lines. .152 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. 20.40.152- 20.40.160 (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. .153 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)) .154 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. .155 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 pesticide, weedicide, and /or herbicide applications as part of their normal farm practices. .156 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. .157 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. .158 Public utilities pursuant to Chapter 20.82.100 of the Official Whatcom County Zoning Ordinance. .159 Rendering plants. .160 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. 20.40.161- 20.40.163 .161 Solid waste disposal facilities and sites. .162 Restaurants, when located on the same property and subordinate to a perma- nent 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)(aa)) .163 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 struc- tures, 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 sedimenta- tion 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 -1.8) and the Washing- ton State Hydraulic Act (RCW 75.20). (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 agricul- tural 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. 20.40.163 - 20.40.164 (13) Extraction depth will be no deeper than five (5) feet above the regional water table, computed on the basis of yearly average eleva- tion, 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 appropri- ately 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; (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)(aa)) .164 Commercial operations that directly provide goods or services to agricul- tural 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 demon- strates: 20.40.164 - 20.40.251 (1) that locating the prospective commercial operation within the Agricul- ture 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)(aa)) .165 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 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)(aa)) 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 custom- arily 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 surround- ing parcels used for agricultural operations. (Amended per WCC M 04.080(1)(aa)) (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 (Amended per WCC 20.04.080(1)(aa)) 20.40.251 - 20.40.350 (2) Each parcel created by the division will facilitate intensive agricul- tural operations; provided resulting parcels are at least ten (10) acres in size; or (Amended per WCC 20.04.080(1)(aa)) (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 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 build- ings 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. (Amended per WCC 20.04.080(1)(aa)) (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)(aa)) .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)(aa)) 20.40.650- 20.40.651 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 systems, three hundred (300) feet from irrigation and drainage ditches and waterways, and three hundred (300) feet from the ordinary high water line of any lake and waterway. (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)(aa)) Chapter 20.42 FORESTRY (F) DISTRICT 20.42.010 PURPOSE 20.42.010 - 20.42.055 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)(aa)) 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)(aa)) .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)(aa)) .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)(aa)) .054 The management and propagation of fish and wildlife. .055 Watershed management practices, but not including water diversion struc- tures, impoundment dams or hydroelectric generation facilities. 20.42.056 - 20.42.151 .056 Single - family residential dwellings, together with the usual accessory buildings and uses, provided the lot: (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)(aa)) .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)(aa)) .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)(aa)) .062 Storage of explosives operated in compliance with RCW 70.74. (Amended per WCC 20.04.080(1)(aa)) .063 Trails. (Amended per WCC 20.04.080(1)(aa)) 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)(aa)) .151 Construction and operation of water diversion structures, impoundment dams and hydroelectric generating facilities not permitted under WCC 20.42.061. 20.42.152- 20.42.156 .152 Petroleum drilling and exploratory drilling, geothermal energy drilling and exploratory wells. (Amended per WCC 20.04.080(1)(aa)) .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, buil- dings 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 that may be necessary to protect the 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)(aa)) impose conditions of approval value, use and enjoyment of .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 parks. (Amended per WCC 20.04.080(1)(aa)) .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)(aa)) .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: 20.42.156 - 20.42.251 (1) Sewage disposal system or soil suitable for sewage disposal by septic tanks and drainfields; (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)(aa)) .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)(aa)) 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)(aa)) 20.42.252- 20.42.310 .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 (Amended per WCC 20.04.080(1)(aa)) .253 Minimum Lot Width and Depth 20 acres 1 acre 70% 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)(aa)) 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)(aa)) 20.42.320 - 20.42.350 .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 resi- dents of the subdivision or conveyed to a third party. (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)(aa)) 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)(aa)) 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)(aa)) 20.42.400 - 20.42.653 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 (25X) 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 or combination of structures, including accessory buildings, shall occupy or cover more than thirty -five (35X) of the lot. (Amended per WCC 20.04.080(1)(aa)) 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)(aa)) 20.42.650 DEVELOPMENT STANDARDS .651 Plat Language For Proposed Subdivisions: When a proposed subdivision 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 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 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 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). 20.42.654- 20.42.902 .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(1)(aa)) 20.42.900 CONDITIONAL USE PERMIT CRITERIA .901 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. .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 signifi- cant 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 cul- verts, bridges, boat ramps, recreation areas and stream bank stabili- zation projects; and (12) Include reasonable soil erosion plans necessary to prevent soil, organic debris and other pollutants from entering streams, ponds, or lakes. Chapter 20.44 RECREATION AND OPEN SPACE (ROS) DISTRICT 20.44.010 PURPOSE 20.44.010 - 20.44.151 The purpose of this District is to implement the Public designation of the Comprehensive Plan by ensuring the continued public provision of a variety of services, optimizing public investments, conserving recreation and open space resources and uses, and promoting compatibility between public functions and sur- rounding land uses. 20.44.050 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 Public parks, playgrounds, forest preserves, beach activities, wildlife reserves, and natural systems education and /or interpretative areas. 20.40.100 ACCESSORY USES .101 Restrooms, picnic shelters, tool and equipment storage, and similar build- ings normally associated with low intensity park development. .102 Single - family dwellings used as a caretaker's residence. .103 Public boat launching ramps and docks, fishing piers, and swimming docks and floats when in compliance with the Whatcom County Shoreline Management Program. .104 Hiking, jogging and cross - country ski trails, and bicycle paths. .105 Outdoor tennis and basketball courts, and lawn bowling and horseshoe facilities; provided that said facilities are intended for daytime usage only. .106 Baseball diamonds; provided that such diamonds are intended for daytime usage and backstops are the only accessory structures. .107 Soccer, rugby and football fields; provided that such fields are intended for daytime usage and goal posts are the only accessory structures. .108 Children's playground facilities. .109 Wildlife enhancement facilities; such as bird feed fields, houses and roosts. 20.44.150 CONDITIONAL USES .151 Publicly owned golf courses and associated clubhouses. 20.44.152- 20.44.400 .152 Unenclosed stadiums. .153 Rental of horses, bicycles, and non- internal combustion water craft and golf carts. .154 Refreshment stands and restaurants. .155 Overnight facilities including tent camping, recreational vehicle camping, cabins and hostels; provided that said facilities shall not solely involve recreational vehicles, cabins or hostels. .156 Rifle or archery ranges. .157 Bridle and all terrain vehicle trails. .158 Those accessory uses described in WCC 20.44.105 through 20.44.107, when lighted for night time usage. .159 Natural systems, archaeological or historical interpretative centers, or a combination facility thereof. .160 Community centers. .161 Band shells. .162 Fish propagation and enhancement; such as spawning facilities, rearing ponds, lake level stabilization dams and fish ladders. .163 Facilities for the performance and teaching of arts and crafts. 20.44.200 PROHIBITED USES All other uses. 20.44.250 MINIMUM LOT SIZE The minimum lot size shall be consistent with the area required to meet the Building Setbacks, Lot Coverage, Open Space and Development Standards of this District. 20.44.350 BUILDING SETBACKS Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements). 20.44.400 HEIGHT LIMITATIONS Building height shall not exceed twenty -five (25) feet as measured by the vertical distance from the average grade level. along the walls of the building to the highest coping on a mansard or flat roof, or the highest ridge on a pitch, shed or hip roof. Height of structure:: shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Amended per WCC 20.04.080(1)(h)) 20.44.450- 20.44.654 20.44.450 LOT COVERAGE The total area utilized for structures or other impervious surfaces shall.not exceed ten percent (10X) of the total lot area; provided that parcels utilized solely for community centers shall have a permitted total lot coverage of twenty percent (20X). 20.44.500 OPEN SPACE At least seventy -five (75X) of any parcel shall be utilized as open space (an area devoid of structures of accessory facilities); provided that those parcels utilized solely for community centers shall have open space requirements of fifty percent (50X). 20.44.600 SIGNS Signs shall be administered pursuant to WCC 20.80.500 (Sign-Controls). 20.44.650 DEVELOPMENT STANDARDS .651 Landscape Plan: A landscape plan for all permitted, accessory or condi- tional uses shall be submitted to the Zoning Administrator for approval, pursuant to Section 20.80.610 of the Official Whatcom County Zoning Ordi- nance. .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 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)) .654 Off- Street Parking and Loading: Off- street parking and loading shall be provided consistent with Section 20.80.700 of the Official Whatcom County Zoning Ordinance. Chapter 20.60 NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT 20.60.010 PURPOSE 20.60.010- 20.60.153 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 appropri- ate 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 stores not greater than 2,500 square feet. .058 Professional offices. 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. .151 Service station. .152 Laundry and dry cleaning establishments. .153 Eating and drinking establishments. 20.60.200- 20.60.600 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 Commer- cial 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. n gn rrll RTIFFFU AURA .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. .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)(z)) 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- 20.60.653 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. Thy; 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 landscaping, 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 screen - ing.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 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 of more businesses adjoin each other are otherwise designed and developed in a coordinated fashion as determined by the Zoning Adminis- trator 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 th;m five (5) spaces per retail establish- ment, 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. 20.60.654 - 20.60.705 .654 Sidewalks: Sidewalks shall be installed pursuant to the requirements of the County Engineer. .655 Drainage: Drainage plans shall b,� 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 s`iall 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 20.80.660 of the Official Whatcom County Zoning Ordinance. .658 Lighting: Lighting shall be designed to avoid excessive glare onto neigh- boring properties, and to create safety hazards or unreasonable interference with adjacent uses. .659 Binding Site Plan: Should the - ;ommercial 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. .702 There shall be no production of n•3ise 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 ;ipon 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)) 20.62.650- 20.62.657 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 landscaping, 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 20.04.080(1)(1)) (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. Such vegetation 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 20.04.080(1)(h)) .655 Access: Access shall conform to the provisions of Section 20.80.660 of the Official Whatcom County Zoning Ordinance. .656 Lightin : Lighting shall be designed to avoid excessive glare onto neigh- boring properties, and to not create safety hazards or unreasonable inter- ference 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. 20.62.700 - 20.62.704 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. Chapter 20.62 GENERAL COMMERCIAL (GC) DISTRICT 20.62.010 PURPOSE 20.62.010 - 20.62.151 The purpose of the General Commercial District is to provide land areas, commen- surate 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 (Supplemen- tary 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 Automobile, marine and farm implement sales 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 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 to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music and pet stores. .060 Printing and publishing establishments. .061 Public facilities and utilities. 20.62.150 CONDITIONAL USES .151 Commercial wholesaling. 20.62.152- 20.62.600 .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, struc- tures, hard surfacing, parking areas and other impervious surfaces. 20.62.550 BUFFER AREA When parcels situated within this District adjoin an Urban Residential, Residen- tial -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 20.63 TOURIST COMMERCIAL (TC) DISTRICT gn wi nin PTTPPngv 20.63.010 - 20.63.150 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 adminis- tered 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. .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. .057 Service stations. .058 Laundromats. .059 Banks and /or bank machines. 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. 20.63.151 - 20.63.450 .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 provi- sions. (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. 20.63.500 - 20.63.652 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 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: (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 landscaping, drive- ways, walkways and signs. The remainder of the front yard setback may be used for parking. (b) For recreational vehicle parks, screening the perimeter of all side and rear yards. of a fence or wall, it shall not be less more than seven (7) feet in height; and i by a planting strip of vegetation and shall vision of pedestrian and vehicular traffic. shall be provided on If screening consists than six (6) feet nor t shall be supplemented not obstruct necessary (2) For uses which abut noncommercial or nonindustrial districts, or abut a use of a substantially different character, then the following specifi- cations shall apply: 20.63:652 - 20.63.658 (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 charac- ter. If screening consists of a fence or wall, it shall not he 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 Section 20.80.700 of the Official Whatcom County Zoning Ordinance. .654 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 20.80.660 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. .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 - 20.63.704 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)) Chapter 20.64 RESORT COMMERCIAL (RC) DISTRICT 20.64.010 PURPOSE 20.64.010 - 20.64.150 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 be 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 single - family unit per lot of record. .052 A duplex per lot of record. .053 Convenience retail shops no greater than 2,500 square feet in area. .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. 20.64.151 - 20.64.301 151 Marina. .152 Multi - family residential including residential condominiums. .153 Hotels and motels. .154 Time share condominiums. .155 Rooming 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 family 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 condomin- iums 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 Nonhabitation 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. 20.64.302 - 20.64.550 .302 Multi - family housing including all condominiums except time share condomin- iums 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 (35X) of a parcel. 9n an Rnn nVVM cverV .501 Multi - family housing, resort - oriented hotels and motels, and condominiums including time share condominiums shall keep 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 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 (15X) 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 increased to twenty -five (25) feet. 20.64.600 - 20.64.653 20.64.600 SIGN REGULATIONS Sign regulations shall be administered pursuant to Section 20.80.500 of the Official Whatcom County Zoning Ordinance. 20.64.650 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 Facility 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 used only for landscaping, 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 screen- ing 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 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 splice 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 reduced by 30% or no less than five (5) spaces per retail establish- ment, whichever is greater. 20.64.653- 20.64.705 (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 20.80.660 of the Official Whatcom County Zoning Ordinance. .658 Lighting: Lighting shall be designed to avoid excessive glare onto neigh- boring properties, and to not create safety hazards or unreasonable inter- ference 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 20.66.010- 20.66.058 The purpose of this District is to implement the Light Industrial Park designa- tion 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 adminis- tered 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 Applica- tions) 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)) 20.66.059- 20.66.069 .059 Fabrication of electrical equipment including industrial apparatus and household appliances, radio and television sets;,communications equipment; ` 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. .068 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 furnish- ings; 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; 20.66.069 - 20.66.152 (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 struc- ture 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)) 20.66.100 ACCESSORY USES .101 Public uses, including police and fire stations. .102 Employee recreation facilities and play areas. .103 Temporary buildings for construction purposes for a period not to exceed the duration of such construction. .104 Testing and experimentation in connection with a principally permitted use. .105 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)) .106 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)) 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)) 20.66.153 - 20.66.552 .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 (60X) of the lot size. 20.66.500 OPEN SPACE At least thirty -five percent (35X) of any parcel situated within a designated industrial park shall be utilized for open space (an area devoid of structures, accessory facilities and impervious surfaces). At least fifteen percent (15X) of any parcel planned for an industrial use which is situated outside of an indus- trial 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 provisions of said plan shall supersede this chapter where there is incon- sistency in minimum building setback and landscape requirements. (Amended per WCC 20.04.080(1)(m)) .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. 20.66.552 - 20.66.651 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 screer, 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 le 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 Ordinanc(. 20.66.650 DEVELOPMENT STANDARDS 651 Landscaping: Pursuant to Section X0.80.610 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 jot otherwise used, and screening shall be provided around the perimeter of X11 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)) 20.66.651- 20.66.703 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 20.80.700 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: 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 maintain- ing 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(1)(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 regula- tions 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 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. .704 Odors: No odors shall be emitted that property line for the use concerned, duration as to cause a public nuisance, unreasonably infringe upon the use boundaries of the District. 20.66.750 PROCEDURE 20.66.704- 20.66.750 are detectable, at or beyond the in such a concentration or of such or threaten health or safety, or to and enjoyment of property beyond the Project applications pertaining to this District shall be administered pursuant to Chapter 20.86 of the Official Whatcom County Zoning Ordinance. Chapter 20.67 GENERAL MANUFACTURING (GM) DISTRICT 20.67.010 PURPOSE 20.67.010- 20.67.058 The purpose of this district is to implement the Genera]. Manufacturing designa- tion 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 Dis-- trict'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 Subdivi- sion 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. 20.67.059 - 20.67.072 .059 Processing and packaging of drugs, pharmaceuticals, perfumes and cosmetics. .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 Administra- tor 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 distribu- tion 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 dressed lumber siding; and sawmill activities including sawmills; and independent planning mills. 20.67.100 - 20.67.551 20.67.100 ACCESSORY USES .101 Public uses, including police and fire stations. .102 Employee recreation facilities and play areas. .103 Restaurants, cafes or cafeterias operated primarily for the convenience of employees, clients and customers of the District. .104 Temporary buildings for construction purposes for a period not to exceed the duration of such construction. .105 Testing and experimentation in connection with a principally permitted use. .106 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). 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. 20.67.551 - 20.67.651 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 Ordi- Dance, 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, 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. 20.67.652- 20.67.702 .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 Ordi- nance. .654 Driveways: Pursuant to Section 20.80.640 of the Official Whatcom County Zoning Ordi- nance, 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 ali 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 bes +. 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. 702 Heat. Licht and Glare: All operations and facilities producing heat, light ur 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. 20.67.703 - 20.67.750 .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. 20.67.750 PROCEDURE Project applications pertaining to this District shall be administered pursuant to Chapter 20.86 of the Official Whatcom County Zoning Ordinance. (District adopted per WCC 20.04.080(1)(h)) Chapter 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT 20.68.010 PURPOSE 20.68.010- 20.68.055 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 adminis- tered 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 Applica- tions) 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, synthe- tic, silk or wool fabrics; knitting yarn and thread mills; textile bleach- ing, dyeing and printing; and carpet manufacture. .053 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. 20.68.056 - 20.68.103 .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 distribu- tion 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 Bulk 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(1)(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). 20.68.100 ACCESSORY USES .101 Public uses, including police and fire stations, and recreation facilities. .102 Employee recreation facilities and play areas. .103 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the District. 20.68.104 - 20.68.551 .104 Temporary buildings for construction purposes for a period not to exceed the duration of such construction. .105 When auxiliary to a principally permitted use: electric utility facili- ties; substations; generating plants, if less than 50 megawatt (MW) net plant.capability; gas works; sewage disposal facilities; refuse dumps and incinerators. 106 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 HII district. The purpose of the buffer is to optimize the visual appear- ance of the site by obscuring industrial activity from view by passing motorists, to contribute to on- and off -site impact abatement, and to move towards attaining compatibility with surrounding nonindustrial land uses and character. 20.68.552 - 20.68.554 552 To implement the buffer requirements of this District, minimum setbacks for 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 setback(s) shall be two hundred fifty District boundary; provided that a min natural vegetation is retained. The be used for security roads, parking or this District. vegetation exists, the minimum (250) feet, as measured from the imum width of fifty (50) feet of remainder of the setback(s) may the Open Space requirements of (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 Compre - -- hensive 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 demon- strated 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 there- after, 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. 554 The planting screen requirements may be waived by the Hearing Examiner; 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. 20.68.555- 20.68.703 .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 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)) .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 maintain- ing 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 regula- tions 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 discernible without instruments, at or beyond the property line for the use concerned. 20.68.704- 20.68.750 .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. 20.68.750 PROCEDURE Project applications pertaining to this District shall be administered pursuant to Chapter 20.86 of the Official Whatcom County Zoning Ordinance. 1 Chapter 20.70 AIR OPERATION (AO) DISTRICT 20.70.010 PURPOSE 20.70.010- 20.70.058 The purpose of the Air Transportation District is to provide sufficient area exclusively for existing and future regional airport operations needed for Whatcom County. The District shall be located and implemented consistent with the goals, objectives and policies of the appropriate subarea comprehensive plan. The District should accommodate regional airport facilities and be served by adequate public services such as roads, sewers, water and drainage. The District should provide uses directly related to the operation of an airport. 20.70.050 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 Program. .051 Runways. 052 Taxiways. .053 Aprons: (1) Service aprons. (2) Parking aprons. .054 Hangars. .055 FFA facilities. 056 Terminals (including eating and drinking establishments). .057 Fixed base operations: (1) Airlines. (2) Flying schools. (3) Aircraft service, sales and maintenance. 058 Internal services and maintenance: (1) Roads. (2) Parking areas. (3) Walks. 20.70.058- 20.70.550 (4) Fire and rescue operations. (5) Maintenance facilities. (6) Utilities facilities. .059 Air carrier traffic, both passenger and freight, scheduled and chartered, public and private. .060 Helicopter operations. .061 Military flying. .062 Underground fuel storage as permitted by FAA Regulations. 20.70.100 ACCESSORY USES .101 All accessory uses normally incidental to the primary permitted use. 20.70.150 CONDITIONAL USES .151 Freight consolidation, warehouse and distribution. 20.70.200 PROHIBITED USES All other uses. 20.70.400 HEIGHT REGULATIONS Height of structures shall be consistent with the general requirement of WCC 20.80.675. 20.70.550 BUFFER AREA Where adjacent to the Urban Residential, Urban Residential Medium Density, Residential Rural and Rural zone district, a 200 -foot buffer containing native vegetation shall be maintained except where such buffer interferes with the requirements of Federal Aviation Regulations (FAR) Part 77. (District adopted per WCC 20.04.080(1)(h)) 20.80.200 - 20.80.220 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)(n)) (Amended per WCC 20.04.080(1)(a),(h),(k) and (t)) * 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. o Or as modified pursuant to Section 20.80.286(2). 20.80.220 FRONT YARDS Front yard setbacks shall be measured from the edge of the existing road right - of -way; provided that the Zoning Administrator shall ascertain whether or not the setback should be adjusted to reflect: 1) a change in street classification; 2) the potential for change as a result of adopted laws, or street, neighborhood or comprehensive plans; or 3) scheduled road widening. Appl. to All Street Local Minor Add.Prov. Classifi- Prim. Sec. Coll. Neigh. Access Access SIDE REAR may be ZONE cations Art. Art. Art. Coll. Street Street YARD YARD applicable UR 45' 45' 35' 25' 25' 20' 51* 59* YES+ URM 45' 45' 35' 25' 25' 20' 59* 51* YES+ RR 45' 45' 35' 25' 25' 20' 5'* 5'* YES+ RR -I 25' 25' 25' 51* 5'* 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' 50' 50' 50' YES+ NC 25' 0' 10' YES+ GC 45' 0' 10' YES+ TC 45' 0' 59* YES+ RC 45' 45' 35' 25' 25' 20' 5'* 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),(k) and (t)) * 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. o Or as modified pursuant to Section 20.80.286(2). 20.80.220 FRONT YARDS Front yard setbacks shall be measured from the edge of the existing road right - of -way; provided that the Zoning Administrator shall ascertain whether or not the setback should be adjusted to reflect: 1) a change in street classification; 2) the potential for change as a result of adopted laws, or street, neighborhood or comprehensive plans; or 3) scheduled road widening. 20.80.230- 20.80.271 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 Commercial District: Side and rear yard setbacks shall be increased by one (1) foot for each foot of building height which exceeds thirty -five (35) 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)) .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; 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; 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. Such structures shall maintain a setback of at least fifty (50) feet from any public or railroad right -of -way. 20.80.270 SETBACKS INCREASED FOR PARCELS ADJOINING 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. 20.80.271 - 20.80.275 (2) Rural Residential District: Setbacks shall be increased to one hundred (100) feet for those parcels situated adjacent to Forestry zone district. (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. (Adopted per WCC 20.04.080 0 )(a)) .273 Forestry District: (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 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 district(s) 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: Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to WCC 20.68.550 (Buffer Area) and Policy 1.05 of the Heavy Impact Industrial designation of the Cherry Point - Ferndale Subarea Plan. 20.80.280 - 20.80.283 20.80.280 MISCELLANEOUS SETBACK PROVISIONS .281 Residential Districts: (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 Aariculture District: (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 struc- tures and will result in no additional encroachment; the public interest, safety and health are .protected; and the applicant demonstrates that this location is necessary for the economic viability and continued operation of the agricultural use. (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 the 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. .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 20.85) 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 produc- tion of food or fiber, a minimum building setback of one hundred (100) feet shall be established from the common property line. 20.80.283- 20.80.286 (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 condi- tional use review (WCC 20.42.156). .284 Recreation and Open Space 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) 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 (10) 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 District: The Zoning Administrator may reduce side and rear yard setbacks if all of the following provisions are met: 20.80.286- 20.80.410 (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 the side or rear yards to be reduced stipu- late in writing, on forms provided by the Zoning Administrator, to the reductions. The Zoning Administrator may require a title report to establish the ownership interests in the adjacent property; (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)(k)) 20.80.300 WATERFRONT LOTS Waterfront lots shall comply with the building setback requirements set forth in the Whatcom County Shoreline Management Program. 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 by means of the variance procedure established in the Whatcom County Subdivision Ordinance; provided that the gross density of the subdivision shall not exceed that of the applicable zone district, and provided that no site shall be allowed to vary 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 CLEAR VISION .410 On a corner lot in any residential district, nothing shall be erected, placed,`planted or allowed to grow in such manner as to materially impede vision between a height of two and one -half (2 1/2) and ten (10) feet above the center line grades of the intersecting streets, in a triangular area bounded by the street lines of such corner lots and a line joining points on said street lines fifty (50) feet from the point of intersection. 20.80.420 - 20.80.510 .420 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) 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 yards are required, 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 are required, the minimum distance shall be as in (b) above. Buildings may be constructed within the clear vision area provided that any portion of the structure within the clear 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. 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 sign 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. (2) Signs meeting the requirements of Section .520 to .560 of the Chapter are permitted. Excluding the requirements of 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)) 20.80.520 - 20.80.535 .520 Neighborhood Commercial District Sign Regulations: (1) Single -face signs placed on walls or eves of business establishments shall not exceed thirty (30) square feet. (2) One free - standing sign is permitted for each Neighborhood Commercial zone district. Each sign shall not exceed sixty (60) square feet with a maximum height of ten (10) feet. (3) Lighted sighs 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 (60) square feet in area. Roof signs shall not extend beyond the roof it is located on. (2) Free - standing signs shall not exceed twenty -five (25) feet in height and wall - mounted signs shall not exceed the maximum building height (35 feet) or actual building height, whichever is less. 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 identify- ing. (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 sighs shall not exceed two hundred fifty (250) square feet in area on any one (1) face, nor exceed three (3) 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)) 20.80.540 - 20.80.550 .540 Resort Commercial District: (1) Single -face signs placed on walls or eves of business establishments shall not exceed thirty (30) square feet. (2) Free - standing signs shall not exceed sixty (60) 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 Sigh 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. (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. 20.80.560- 20.80.610 .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 regula- tions 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 %) of the area of any window. (4) Community identification signs of up to sixty (60) 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 no single use may have more than four (4) such signs. 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: 20.80.610- 20.80.620 (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. (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. 20.80.630- 20.80.670 .630 Drainage in Paved Areas - Drainage Control 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 has been issued 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 levels established by the Northwest Air Pollution Control Agency (NWAPA) or the Environmental Protection Agency. .660 Access: Parking area(s) shall be designed to have vehicles entering the public rights -of -way, such as state highways, county arterials and collectors, except minor access roads, while traveling in a forward motion upon exit. This requirement shall apply to parking areas of two or less 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). .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. 20.80.670- 20.80.705 (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 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- 20.80.725 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 small 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 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 acceptable material to provide a durable surface. 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: 20.80.725 - 20.80.745 (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; 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 more than three hundred (300) feet from the principal use. (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 DISABLED VEHICLES The parking of a disabled vehicle within a residential or commercial district for- a period of more than two (2) weeks shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building. 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. If on the same lot with a one - family residence, the parking area shall not be located within the front yard required for such building. In DO 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- 20.80.780 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. 9n Rn 79f; ArrRCR 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. 20.80.770 SIGNS 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. 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: (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. T B PARALLEL OFFSTREET PARKING DIAGRAM �C 450 600 90° OFFSTREET PARKING DIMENSIONAL TABLE m 20.80.780 4S 60 90 PARALLEL A. Width of Parking Space 10' 10' 10' 10' B. Length of Parking Space 20' 20' 20' 2S' C. Width of Driveway Isle 13' 18' 2S' 12' D. Width of Access Driveway 14' 14' 14' 14' Width of 2 -Way Access Drive 24' 24' 24' 24' 20.80.780 (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. (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. 20.80.780 (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. (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. 20.80.780 - 20.80.790 (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 1 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. (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 PARKI 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 50. 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 permit is required and by the Zoning Administrator for other permitted uses. (2) Fractional numbers shall be increased to the next whole number. 20.80.790 - 20.80.805 (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 (15) feet for sixty (GO) 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 farm animals on relatively small acreage parcels where compatibility may become an issue. Therefore, these regulations shall only apply to parcels of less than five (5) 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 (t)) 20.80.805 LIVESTOCK UNITS The number of livestock units which are permissible in those zone districts that refer to this Section shall be consistent with the following standards: (1) One livestock 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 livestock units. (2) Lots which have an area of less than one -half (1/2) acre may not keep a livestock unit. (3) Lots exceeding one (1) acre in size may increase the number of animals at the rate of one (1) livestock unit per 1/2 acre of land area in excess of one (1) acre. (4) 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. (5) All livestock units shall be confined to the building lot or parcel unless otherwise provided. 20.82.010- 20.82.030 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. gn Rg_nRn 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 residen- tial 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 Adminis- tration 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 require- ments 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 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)(u)) 20.83.010- 20.83.070 Chapter 20.83 NONCONFORMING USES AND PARCELS .010 Except as otherwise provided in this Chapter, the lawful use of any build- ing, land 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 for 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 occupied by such use at the time of passage of this Ordinance. The expan- sion of a' nonconforming use by addition or enlargement on any tract or parcel 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 (8). .030 When a zone district is changed, existing nonconforming uses may be contin- ued consistent with the provisions of WCC 20.83.010 and WCC 20.83.020. .040 The change of a nonconforming use to another type of a nonconforming use shall be conditionally 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. (Amended per WCC 20.04.080(1)(v)) .050 If a nonconforming use, composed of a building or group of buildings on one site, is damaged or destroyed by any means, that use shall be permitted to rebuild equal to the square footage of damaged or destroyed building(s), and for the same use of the site. .060 Lots of record existing on the effective date of adoption or amendment of this Ordinance, or parcels created pursuant to WCC 20.83.070, which do not meet the minimum area and /or width requirements 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 parcels created pursuant to WCC 20.83.070 which subsequently do not comply with the minimum area and /or width requirements of the applicable zone districts, all previous lot boundaries not forming the overall parcel boundary shall be vacated pursuant to RCW Title 58 for platted lots, or by deed restrictions approved by the Planning Director. or his designee for unplatted lots. (Amended per WCC 20.04.080(1)(b)) .070 Two or more lots of record, which exist on the effective date of adoption or amendment of this Ordinance, shall be considered to be used and /or sold as one undivided parcel consistent with the area requirements of the appli- cable district if all of the following circumstances pertain, except as modified by subsection .071 below: 20.83.070- 20.83.072 (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; (4) no more than one lot is developed with a legally established building at the time this Ordinance is adopted or amended making the parcel(s) in question nonconforming; (6) the lots in question are otherwise in compliance with the provisions of this Ordinance; and (6) at least five (6) years have passed since the date of final approval of the plat pursuant to which the lots were created. (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 total area of all the lots in questions shall be computed and the sum thereof divided by the legal minimum noncluster lot size established for the zoning district; provided that, if the result is a whole number plus a remainder, the maximum number of lots permitted shall be increased by one lot if the remainder equals or exceeds 60% of the minimum lot size set for the district, and provided further that the number of lots permitted hereunder shall not exceed the original total number of lots subject to consolidation under subsection .070 above. (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 property affected. In evaluating such a claim, the Hearing Examiner shall consider the following 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) the suitability of the lots for construction of a type appropriate to the district; (3) the nature and extent of improvements previously made by the owner in reliance upon the original lot sizes; and (4) any special features of the lots which distinguish them from other properties characteristic of the zoning district. (Adopted per WCC 20.04.080(1)(b)) 20.83.080- 20.83.130 .080 The requirements of WCC 20.83.070 shall not prevent lots of record to be combined into more than one parcel, provided that each parcel being created by WCC 20.83.070 shall comply with the lot area and /or width requirements of the applicable district, with other provisions of this Ordinance, and has access to an existing public road. 090 A single parcel created pursuant to WCC 20.83.070 which subsequently meets the minimum area and /or width requirements of the applicable zone district shall be considered as a conforming parcel and shall be eligible for permitted, accessory and conditionally permitted uses; provided that all previous lot boundaries which do not form the overall parcel boundary are vacated pursuant to RCW Title 58 for platted lots or by deed restrictions approved by the Planning Director for unplatted lots. 100 To mitigate hardship to the applicant /property owner, lots being created pursuant to a currently valid application for a short plat or long subdivi- sion, at the effective date of adoption or amendment of this Ordinance, shall be recognized as conforming lots for the purpose of this Ordinance; provided that other applicable requirements of the zone district and Subdivision Ordinance are met. .110 Lot area, yards, other open space, off - street parking or loading areas which exist on or after the effective date of this Ordinance shall not be reduced below the minimum required 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 manner which may diminish compliance herewith. .130 It shall be the responsibility of the record owner to prove that the activity in question is a pre- existing, nonconforming use. The owner may file an affidavit of nonconforming use with the Zoning Administrator or designee within ninety (90) days after the establishment of use restrictions on the property owned by him or her. This affidavit shall contain the legal description of the affected property, the purpose for which the property is used and any other facts deemed necessary to establish noncon- formity. The affidavit shall be accompanied by a fee of fifty dollars ($50.00) which is paid to Buildings and Code for Current Expense. The Zoning Administrator or designee shall make an examination verifying the existence of the nonconformity which shall be endorsed upon the verified affidavit by the Administrator or designee, and filed with the County Auditor. The actual Auditor's fee required for filing the affidavit of nonconforming use shall be paid by the applicant. The verified affidavit shall constitute presumptive evidence which will permit the continuance of the nonconformity. The nonconformity may be abolished or either by presentation of competent evidence regarding contro- versy surrounding the nonconforming use of the property to the Hearing Examiner for determination, or by filing a waiver of right conferred by the record owner of the property described in the affidavit. Chapter 20.84 VARIANCES, CONDITIONAL USES AND APPEALS 20.84.100 VARIANCES 20.84.100- 20.84.220 .110 The Hearing Examiner shall have authority to grant a variance from the provisions of this Ordinance 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 substan- tial justice done, provided that no variance shall be granted which author- - izes 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 subject property, including size, shape, topography, location or surrounding, the strict application of the zoning ordinance is found to cause a hardship and deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification; (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 regula- tions. (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. (3) Will not be hazardous or disturbing to existing or future neighboring uses. 20.84.220- 20.84.250 (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. .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 adminis- tration 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 hundred 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, publish- ing notices of the hearing on the application). 20.84.250- 20.84.260 (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)(o)) (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). (6) Each application for surface mining of soils, sand, gravel and peat shall be accompanied by a fee of one hundred dollars ($100.00). .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. 20.85.010 - 20.85.023 Chapter 20.85 PLANNED UNIT DEVELOPMENT (PUD) 20.85.010 PURPOSE It is the intent of this Chapter to: .011 Provide mutual benefits to the general public and project proponent by utilizing innovative and efficient land use and design by permitting greater flexibility in zoning requirements than is generally permitted by other chapters of this Ordinance while providing the expeditious handling of projects. .012 Encourage creative and coordinated site planning, the conservation of natural elements, features and energy, the use of mixed use developments, the use of new technologies and techniques, and the efficient layout of streets, utility networks and other public improvements. .013 Encourage the creation of permanent open space, and the provisions of more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. .014 Encourage development that provides a variety of living, working and recreational environments in a manner harmonious with surrounding on and off -site land use activities. .015 Move toward the attainment of the goals and the implementation of the policies of the Comprehensive Land Use Plan. 20.85.020 APPLICABILITY This Chapter is applicable in any zone district except the Agricultural District. The provisions of this Chapter can be used for any residential, commercial and /or industrial project on property two (2) acres or greater in size. A planned unit development may be used on property less than two (2) acres in size when the Buildings and Code Administrator finds one or more of the following conditions exists: .021 An unusual physical or topographic feature of importance to the area as a whole exists on the site or in the neighborhood, which can be conserved and still leave the applicant equivalent use of the land by the use of a planned unit development. .022 The property or its neighborhood has a historical character of importance, or the community that will be protected by use of a planned unit develop- ment. .023 The property is adjacent to or across a street from property which has been developed or redeveloped under a planned unit development, and a planned unit development will not detract from the amenities and aesthetic values of the neighboring planned unit development. 20.85.024 - 20.85.054 .024 The project will use unique or innovative design concepts which would benefit the public welfare including design provisions which would be precluded by the underlying district. .025 The project would meet an important social need that cannot be realized with the underlying zone. .026 The project will promote creativity or affordability in residential, commercial and industrial development. 20.85.050 PERMITTED USES .051 The uses allowed in a project shall be only those permitted in the underly- ing zone district except as provided in WCC 20.85.052 to .055. .052 In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright where they are only serving the development and where all other applicable standards are met: (1) Community building; (2) Indoor recreation facility including athletic club or fitness center, racquetball court, swimming pool, tennis court, or other similar uses; (3) Outdoor recreation facility including swimming pool, tennis court or similar use; and (4) Recreation vehicle storage area. .053 A planned unit development may add land use activities as follows, provided the criteria of WCC 20.85.054 is met: (1) For the Urban Residential, Residential Rural and Rural zones, multi- family dwellings consistent with the requirements of the underlying zone except as modified by this Chapter; (2) For the Urban Residential and Urban Residential Medium zone, those uses allowed in the Neighborhood Commercial zone are appropriate; (3) For the General Commercial zone, those uses allowed in the Urban Residential Medium zone are appropriate; (4) For the Light Impact Industrial zone, those uses allowed in the Urban Residential Medium, Neighborhood Commercial and /or General Commercial zones are appropriate; and (5) For the Forestry zone, those uses allowed in the Rural and Residential Rural zones are appropriate. .054 In order to expand uses allowed in WCC 20.85.053, the applicant shall demonstrate: (1) That the primary land use activity of the planned unit development shall be those uses allowed by the underlying zone district; 20.85.054- 20.85.104 (2) That the expanded uses will benefit and serve the residents or employ- ees of the proposed development; and (3) That all other applicable approval criteria and-standards are met. .055 Where a proposed development is located in two (2) or more zone districts, the uses allowed in the applicable districts may be located on any portion of the site, provided that all applicable standards are met. .056 For purposes of determining appropriate standards, the requirements of the zone district allowing the use would apply. If the use is allowed by two or more districts, the lesser standards would apply. 20.85.100.DESIGN AND DEVELOPMENT STANDARDS .101 All uses and development shall conform to all relevant requirements and standards of: (1) The zone district(s) within which the planned unit development is located, except as may be modified by this Chapter; (2) The Uniform Building and Fire Codes; (3) WCC Chapters 19.40 to 19.60 where they do not conflict with the standards and requirements of this Chapter; and (4) Other applicable official controls. .102 General Design Criteria: Major and local streets, the location of all buildings, parking areas, pedestrian, bicycles and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize conflict between uses, and reasonably maintain topography and other natural features. .103 Resource Lands: Planned Unit Developments in the Forestry zone district shall not use areas which can effectively on a commercial basis support or contribute to support productive forestry operations based on topographic, existing use and /or soils considerations. .104 Compatibility Treatment: (1) The design of a Planned Unit Development shall take into account the relationship of the site to the surrounding areas and between differing uses on the site. The perimeter of the PUD and arrangement of uses on the site shall be designed to minimize adverse impacts between the project and adjacent land uses, and different types of potentially incompatible land uses. Compatibility factors include but are not necessarily limited to visual and audio intrusion and conspicuous visual barriers. (2) If existing topographical or other barriers within ten (10) feet of the perimeter of the development do not provide reasonable compati- bility for existing uses adjacent to the development, one or all of the following requirements shall be imposed: 20.85.104 - 20.85.107 (a) Structures located on the perimeter of the development shall be set back in accordance with the front yard setback of the under- lying zone. (b) Structures located on the perimeter of the development shall be fenced, bermed and /or landscaped, except where such screens would inhibit the use of an existing or proposed solar energy system. (c) Commercial, industrial or quasi - public structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas of adjoining conforming residential properties from view and noise. (3) Buffering shall be provided between different types of land asps including parking areas (for example, between single - family and multiple - family residential, or residential and commercial) on the site perimeter or within the site where probable incompatibility based on congestion, noise, visual intrusion and hours of operation may exist. 105 Buffering Standards: Where buffering is required by this Chapter, the following factors will be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example, to decrease 'noise 1<vol s, absorb air pollution, filter dust or to provide a visual barrier. (2) The size of the buffer needed in terms of width and height to achieve the purpose. (3) The location of the buffer. .106 Facility Design: The facility design requirements of WCC 20.22.651 shall be met. .107 Common Open Space: No open area may be accepted as common open space within .a planned unit development, unless it meets the following require- ments: (1) The common open space is for amenity or recreational purposes, and the size and uses authorized are appropriate to the scale and the character of the planned unit development, considering its size, density, expected population or employees, topography, and the number and type of dwellings provided. (2) Common open except that preservation improvements appropriate space. space will be suitably landscaped for its intended use, common open space containing natural features worthy of may be left unimproved. Any buildings, structures and to be permitted in the common open space are those to the uses which are authorized for the common open (3) Common open space shall be maintained through one of the following methods: 20.85.107 - 20.85.108 (a) An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the State and shall adopt and propose articles of incorporation or association and bylaws, and adopt and approve a declaration of covenants and restrictions on the common open space that is acceptable to the Bureau of Buildings and Code Administration upon consultation with the Prosecuting Attorney, in providing for the continuing care of the space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any covenants limiting the use of common open space areas, and all rights to enhance these covenants against any use permitted are expressly reserved; or (b) A public agency which agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it. .108 Density Increases: (1) The county may approve an increase of dwelling unit density for residential development, or floor area for commercial and industrial activities of not more than thirty -five percent (35X) greater than that permitted by the underlying zone rounded to the nearest whole number. Density increases shall be governed by the following factors, and are to be treated as additive, and not compounded: (a) A fifteen percent (15X) increase in base density for meeting the requirements of this Chapter. (b) A ten percent (10X) increase in base density for improvements to common open space that will serve the needs of the development's residents and would include such facilities as play areas with equipment, basketball courts, handball courts, ball fields, tennis courts or swimming pools. Usable open space on the roof of a building may qualify as improved open space. (c) A ten percent (10X) increase in base density for preservation or restoration of historically or architecturally significant structures, or for preservation of significant natural features. The burden of designation of such structures or features as significant shall be upon the applicant, unless such structures or features are already identified as worthy of preservation in the Comprehensive Plan, Parks Plan, other official documents, or on a local, state or national register. Final determination as to significance shall be made by the Planning Director at the earliest possible time and no later than the Technical Committee review. (d) A ten percent (10X) increase in base density for the design and construction of energy- efficient buildings which will reduce consumption to seventy -five percent (75X) or less of energy demand per square foot per year for space and water heating in a standard building built to the Washington State Energy Code. 20.85.108 - 20.85.109 (e) A ten percent (10X) increase in base density for the use of energy from a renewable source exclusively serving the project to provide at least twenty percent (20X) of the combined space and water heating needs of the structures proposed in the project. Access to the energy source must be protected through site design and protective covenants or easements. Water heating needs shall be based on energy requirements on an annual basis. (f) A fifteen percent (15X) increase in the base density for the creation and preservation of significant public access on shore- lines. (2) For purposes of determining conformance with WCC 20.85.108(1)(d) and (e), the energy efficiency of the structures or energy contribution of total energy usage shall be calculated using an analytical procedure generally recognized by the Washington State Energy Office as reason- ably representative of the expected energy performance. This detailed information shall be provided as part of the Final Review process of WCC 20.85.365. .109 Lot Sizes, Building Spacing and Height, Improvement Coverage, and Yard Requirements: (1) The minimum lot size, lot width and yard requirements of the under- lying zone district may be waived provided the project meets the design standards of this section. (2) Building Spacing and Setbacks: The spacing between main buildings shall be at least equivalent to the spacing which would be required between buildings similarly developed on separate parcels conforming to the underlying zone district's setback requirements. This spacing and setback requirement may be reduced when it is demonstrated: (a) A better or more appropriate design can be achieved by not applying the provision of the zoning district; (b) That compensating design and /or structural measures are used to ensure the protection of the users and inhabitants (of the development) health, safety and welfare, including but not necessarily limited to visual and acoustical privacy, and adequate light and air; and (c) That any perimeter treatment required by WCC 20.85.104 is met. (3) Maximum Coverage: Building coverage and development coverage of individual parcels may exceed the percentage permitted by the under- lying zone, provided that the overall coverage of the project as a whole does not exceed the percentage permitted by the underlying zone. (4) Height: (a) For projects in urban areas, building height may exceed the maximum permitted in the underlying zone by fifty percent (50X), provided that the project design protects adjacent uses both inside and outside of the PUD from adverse impacts on privacy, light and air. 20.85.109 - 20.85.114 (b) For projects in nonurban areas, building height shall not exceed the limits established by the underlying zone. (5) Lot Width: Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted. .110 Circulation, Access and Parking: (1) Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of Whatcom County road standards. (2) Driveways and circulation roadways shall be designed to minimize traffic and congestion within the planned unit development and where consistent with the standards to minimize the amount of paving. (3) Parking shall be provided in a PUD as required in Chapter 20.80 of this Ordinance. However, where it can be demonstrated by the applicant that due to nonconflicting hours of operation, design of the circula- tion and parking plan, or any other factor reasonably related to the need for parking, the total parking requirement can be reduced. The Hearing Examiner may do so provided legal notice of the application specifies that such reduction has been requested. (4) Loading areas for nonresidential uses shall, where possible, be oriented away from residential areas. .111 Mechanical Equipment: All ground and roof top mechanical equipment shall be screened when possible to reduce its visibility to surrounding uses or roads. 112 Storage and Trash Areas: (1) Storage areas for residential developments and all trash areas shall be permanently screened. (2) Storage for nonresidential uses should be within a closed building except for the sale or rental of retail products which can be stored outdoors during business hours only, and not within any required front or side yard nor in any public street or road right -of -way. All outdoor storage shall be located in an area which is screened and landscaped. 113 Drainage and Land Alteration: (1) Land alteration shall commence when in compliance with Whatcom County land alteration standards. (2) Drainage plans and improvements shall be in compliance with Whatcom County drainage standards. .114 Utilities: All utilities shall be underground unless evidence is provided by the supplier of the utility or service that underground installation is not reasonably feasible. 20.85.115 - 20.85.117 .115 Nonresidential Improvements: Utilities, roads and other essential services must be available prior to occupancy. :116 Signs: In addition to the provisions of WCC 20.80.500, a system of signs for identifying the location of each residential unit, store or industry shall be established, based on considerations of crime prevention and the needs of emergency vehicles. .117 Project Phasing: Applications for initial approval of a planned unit development may include provisions for the project to be constructed and finally approved in sequential phases, as provided herein. (1) Timin : The plan for phased development shall be submitted with the initial application and reviewed by the Technical Committee for compliance with this section. The Buildings and Code Administrator shall accommodate the submission of a phasing plan at any point during the review process, but in no event shall the phasing plan be approved without Technical Committee review. (2) Submission Requirements: The phasing plan shall contain the following elements: (a) The approximate location of all roads, drainage structures, water and sewer lines, and all improvements, easements and dedications of every type necessary to be provided or developed prior to final approval of the project as a whole. (b) An approximate schedule for the construction or securing of all required physical improvements, and the reservation or dedication of necessary rights -of -way or easements, each in its appropriate phase. (c) An approximate schedule for the development of residential and nonresidential uses for those planned unit developments located in residential or rural zone districts. (3) Approval: A phasing plan shall be approved as part of the principal application if it meets the following criteria: (a) Each phase is capable of standing by itself, in the sequence of development proposed, such that it will be adequately served by all roads, utilities, drainage structures, easements and other amenities necessary to its existence in the event that subsequent phases are not completed. (b) The plan incorporates into appropriate phases all structures, dedications, easements, services and amenities necessary to and upon which depends the satisfactory development of all later phases. (c) The number and extent of phases shall be determined on a project basis. 20.85.117 - 20.85.200 (d) For mixed use development in residential or rural zone districts, the plan shall ensure that a sufficient amount of those uses allowed in the underlying zone district are developed so that during any particular phase, the project shall meet the intended character of the district. (4) Procedure Exclusive: No partial final approval of any total develop- ment project shall be granted except as provided in this section. .118 Concept Plan: Where a planned unit development application represents the first project of the development of a larger site, the applicant may at his /her option submit a concept plan indicating the general development of the remainder of the site. The purpose of the concept plan is to encourage master planning of a site by demonstrating the coordinated relationship of land use activities, roads, utilities and open space for the entire site, and in concert with existing and planned off -site land uses and facilities. (1) Plan Contents: The concept plan should contain the following elements for the portion of the site not included in the first phase PUD application: (a) The approximate location of future generalized land use activities including but not necessarily limited to single- and multi - family residential (approximate density specified); neighborhood, general, tourist and resort commercial; light and heavy indus- trial, and general manufacturing; and parks including recreational areas, school sites and open space. (b) The approximate circulation network (both vehicular and pedes- trian). (c) The approximate location of utility corridors, and drainage channels (natural and man -made) and retention /detention areas. (d) The approximate location of all existing or planned sewer and water mains, arterial and collector roads, and drainage channels and retention /detention areas located off -site which is within 300 feet of the site or anticipated to be used for the development of the site. (2) Plan Status: Unless otherwise provided by agreement between the applicant and Buildings and Code Administrator, the concept plan shall be nonbinding, and shall not be used as a basis for approving or denying the subject PUD application. However, the plan may be used as a basis to administratively review the arrangement and design of land uses, roads, bicycle and pedestrian pathways, and drainage facilities included in the subject application. 20.85.200 INFORMATION SUBMITTAL The information required in the following sections shall be submitted with planned unit development applications. 20.85.201 - 20.85.202 .201 General Provisions: (1) Information submitted for initial review is to be an approximate description indicating the general nature of the proposal. Data shall be based on the applicant's best knowledge or intent of the proposal and shall be sufficiently clear to demonstrate how the project complies with the provisions of this Chapter. Information required shall be limited to the area. the application includes. Information specified in WCC 20.85.202(2)(c) shall not be required. (2) The Buildings and Code Administrator shall have the authority to waive any portion of the information requirements herein; provided that the information has been included with a previous rezone request, approved permit or concept plan, and the present PUD application is consistent with the previous action to the extent that the subject data is applicable.. .202 Textual Information: (1) General Data: (a) The title and location of the proposed development, together with the names, addresses and telephone numbers of the record owner or owners of the land and the application, and, if applicable, the names, addresses and telephone numbers of any architect, planner designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. (b) The legal description of the subject property. (c) Identify, if known, all special service districts, including fire, school (for residential projects only), drainage and flood control in which the site is located. (d) Description of the proposed PUD including: (i.) Total area of the PUD; (ii) Total area of open space and percentage it represents of the total project area; (iii) Total. area of impervious surfacing; (iv) Number of parcels and /or lease areas, average parcel size and the size of the smallest parcel; (v) Proposed ownership of land areas within the PUD both during and after construction; (vi) Method of achieving compatibility between the PUD and off - site uses and between potentially incompatible on-site uses; (vii) How density bonus requirements are being met including, when applicable, description of recreation facilities and the proposed method to protect adequate access to sunlight for use by each of the proposed solar energy systems; and (vi.ii.) Development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed. 20.85.202 - 20.85.203 (e) Copy of all existing deeds, and existing and proposed restrictive covenants or other legal restrictions which apply to the project site. (f) The names and addresses of all property owners within three hundred (300) feet of the site taken from the latest equalized tax roles. (2) Data for Residential Development: (a) Proposed number of dwelling units by type and the amount of site area devoted to each type. (b) Gross density of the dwelling units. (c) For multi - family and zero -lot line development, the description of wall and /or ceiling (for multi - family only) construction with attendant sound transmission class (STC) rating or equivalent to achieve acoustical privacy. (3) Data for Nonresidential Development: (a) Description of each type of proposed commercial and industrial use and amount of site area devote to each type of use. (b) The proposed number of square feet in gross floor area for each type of commercial and industrial use. .203 Site Plan and Supporting Maps and Graphics: An initial plan and any maps, at a minimum scale of one (1) inch equals 100 feet, and any graphics, to show major details of the proposed PUD. The initial plan may be based on a survey or existing survey data of the subject site. The survey data shall be prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys. The initial plan must contain the following information: (1) Proposed name of the development, northpoint, scale, date and address, and telephone number of the preparer of the site plan /supporting maps. (2) Existing site conditions including water courses, wetland area, flood plains, unique natural features, forest cover and elevation contours of sufficient intervals to indicate the topography of the entire tract for a sufficient distance beyond 'the boundaries of the proposed development to depict any features within 300 feet which may affect site development. Contour information shall be as follows: (a) Up to ten percent (10 %) slopes, two (2) foot contours. (b) Over ten percent (10 %) to less than twenty percent (20 %) slopes, five (5) foot contours. (c) Twenty percent (20 %) or greater slopes, ten foot (10) contours. (3) Location of all existing and proposed lot lines, lease areas and easements. 20.85.203 (4) The locations, dimensions, and identification of all existing and proposed buildings, structures and other improvements including maximum heights and types of uses. (5) For residential structures, provide the types and number of residential units in each structure. (6) For nonresidential buildings, the gross floor area of each building. (7) The location and square footage of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi- public uses with notations of proposed ownership included where appropriate. (8) Landscaping and open space improvements plan. (9) The existing and proposed circulation system-of arterial, collector and /or local streets, including right - of-way street widths, off - street parking areas, service areas, loading areas and major points of access to public rights -of -way (including major point of ingress and egress to the development). Notations of proposed ownership, public or private, shall be included where appropriate. (10) Location and width of existing and proposed sidewalks and trails. (11) Location of walls and fences, and indication of their height. (12) The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls. (13) The location of adjacent utilities including sanitary sewers, water lines and storm drainage facilities intended to serve the development, and a layout of the existing and proposed utilities within the develop- ment. (14) Existing zoning and comprehensive plan boundaries for the site and adjacent property. (15) Information of contiguous properties within 300 feet of the proposed PUD including: (a) Existing and if known, proposed land use and streets; and (b) Existing structures excluding accessory buildings, ownership tracts and unique natural features of the landscape, if readily accessible. (16) A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features. (17) If the applicant wishes to incorporate renewable energy features into the PUD, information shall be submitted which will describe the long- term usability of the energy source including: 20.85.203- 20.85.204 (a) Solar (1) Solar site survey including solar sun chart; (2) Shadow diagrams including schematic elevations of pertinent vegetation and structures, and existing major topographical features; (3) General description of the solar system identifying type (passive or active), location and size (surface area); (b) Wind (1) Wind data including direction, frequency and intensity; (2) Wind disruption information including potential on and off - site building construction, and major topographical features; (3) Wind machine location and visual description; (c) Micro or small scale hydro (1) Estimated annual energy output using flow duration curves; (2) Stream data including low and average flows; (3) Hydro site location and design; (4) Status of Federal Energy Regulatory Commission (FERC) approval; (d) Geothermal - source of energy. .204 Supplemental Information: (1) A completed environmental checklist, plus any other data determined by the SEPA Official to be necessary for compliance with the State Environmental Policy Act (RCW 43.21C) as now or hereafter amended; (2) Where water and /or sanitation service is to be obtained from an existing public system, including a water association, a letter from the service purveyor indicating the availability and requirements for the service shall be included. (3) Where a new water system is proposed, include the source of the water, the estimated amount of water available from a groundwater or surface water source, the status of water rights application, and the general location and size of the proposed pipe and other major appurtenances for development of community or public systems. The description shall also include improvements for fire protection. (4) A description of the sanitation facilities which shall include the method of sanitation, and where applicable, the location of community on -site sewage waste disposal systems, location of soil log holes, percolation rate data, and the general location and size of proposed pipe and other major appurtenances. Where on -site sanitation systems are proposed, the applicant shall provide evidence demonstrating the suitability therefore of all lots or any single lot. Percolation tests shall be performed by a licensed perc tester. 20.85.204 (5) One copy of the water and sanitation information, particularly the soil log hole and percolation rate data, is recommended to be submitted directly to the Health Department prior to submittal of the planned unit development. (6) Preliminary drainage and road studies consistent with the requirements of Whatcom County drainage and road standards. (7) The proposed method of providing long -term maintenance of improvements or facilities, including roads and sidewalks, drainage, on -site fire protection improvements, water and sanitation systems, and community or public open space. The purpose of this subsection is to generally identify the method of maintenance and not to require detailed agree- - ments. (a) If to be maintained by a governmental jurisdiction or existing water association, a letter from the jurisdiction or association shall be submitted specifying acceptance of maintenance responsi- bility and indicating the conditions, if any, upon which the acceptance is contingent. (b) If the maintenance is to be provided privately, the developer shall indicate the organization to provide the maintenance and the method and approximate amount of funding required therefore. (8) Additional information, in the form of detailed studies or surveys, may be reasonably required by the county if any portion of the site of a proposed PUD is within an unsuitable land area as defined by WCC 20.97.443. This information should be identified to the applicant at a preapplication conference. 20.85.300 PLANNED UNIT DEVELOPMENT PROCEDURE .301 PLANNED UNIT DEVELOPMENT PROCEDURE AND APPROXIMATE PROCESSING TIME PREAPPLICATION CONFERENCE . • Tech. Committee • SEPA Off ical ,coPTIONAL COUNTY COUNCIL REVIEW(21 Days) APPLICATION SUBMITTAL Written and Graphic S.E.P.A. REVIEW (14 Days +) AGENCY REFERRAL (30 Days) TECHNICAL COMMITTEE (21 -28 Days) BUILDING AND CODES ADMINISTRATION STAFF REPORT (14 Days) HEARING EXAMINER PUBLIC HEARING (28 Days) INITIAL APPROVAL BY COUNTY COUNCIL (21 Days) INSTALLATION OF IMPROVEMENTS FINAL REVIEW AND APPROVAL 30 Days Upon Receipt of Final P.U.D. Plan PROJECT DEVELOPMENT Up To 3 Years Up To 7 Years or Pre - Agreed Schedule 20.85.305 .305 Preapplication Conference: (1) An applicant shall request a preapplication conference to be held prior to submission of an application and which should take place prior to any detail work. The developer or his representative shall be prepared to present to the Technical Committee and the SEPA Official conceptual sketches which contain in rough and approximate manner adequate information to describe the proposal in relation to topics listed below. The conference shall be held fourteen (14) days after the Buildings and Code Administration receives sufficient copies of information from the applicant to distribute to the Technical Committee and the SEPA Official. All information presented by the developer shall be considered confidential. The purpose of the conference is to enable the developer to consult with the Technical Committee and SEPA Official as to the intent, standards and provisions of this Title, other applicable land use controls, and SEPA as they apply to the proposed project. It is also the purpose of this conference to identify as many potential problems and opportunities as possible in order for the application to be processed without delay or undue expense. Discussion will include the following topics: (a) County comprehensive plan; (b) zoning; (c) Shoreline Master Program; (d) any adopted street and road plan and /or program; (e) availability of water and sanitation; (f) storm drainage; (g) development and design concepts, including phasing and open space; (h) sidewalk requirements; (i) bike paths and internal pedestrian system; (j) public transportation requirements; (k) off -site requirements such as sidewalks, street lights, traffic signals, utilities or improvements of adjacent streets; (1) fire protection; (m) maintenance provisions; (n) known hazards and additional information as required by WCC 20.85.204(8) including any required approvals by Department of Ecology for projects located within flood control zones; (o) environmental impact to the development and other issues related to SEPA requirements; (p) other county requirements and permits; (q) identification of other local, state and federal agencies which may also have jurisdiction; and (r) identification of adjacent lands owned by the applicant and possible future development thereof. (2) The applicant may request the Buildings and Code Administrator to forward the information to the County Council for review and discussion purposes. The Council review shall take place within twenty -one (21) days after the preapplication conference with staff. Upon receiving said request, the Buildings and Code Administrator shall obtain from the applicant: 20.85.305 - 20.85.320 (a) Sufficient copies of the information submitted pursuant to WCC 20.85.305(1) to distribute to all members of the County Council; and (b) Stamped envelopes addressed to the applicant and all property owners, based on latest equalized tax rolls, within 300 feet of the contiguous property owned by the applicant on which the development is to be located. The Buildings and Code Administrator shall then forward the submitted information and summary of the comments and concerns made by staff to the Clerk of the Council. The Clerk shall schedule an open meeting with the Planning and Development Committee of the Council, and mail a notification to the applicant and property owners no less than ten (10) days priuL tv sue meeting's occurrence. The meeting may address any of the issues identified in WCC 20.85.305(a) to (r) or any other pertinent issues. It is the purpose of this meeting to identify potential concerns in order to assist the appl -icant to ascertain the general feasibility of his /her proposal for the particular area the proposal would be located. (3) Preapplication reviews as provided by this section shall not be construed to bind either the applicant or the county in any respect. Further, the information requested at the preapplication conference for application submittal shall not preclude the county from requiring additional information or clarification of materials after submittal. .310 SEPA Review: The SEPA Official shall process all planned unit developments consistent with the requirements of Chapters RCW 43.21C and WAC 197 -11 as well as the Whatcom County SEPA Ordinance. The SEPA process shall be integrated as part of the project review process. The SEPA Official shall make the threshold determination at the earliest time when the principal features of a proposal and its environmental impacts can be reasonably identified. .315 Application Submittal: The applicant shall submit required fees, and suffi- cient copies of the maps, written data and supplemental information required by WCC 20.85.200 to the Buildings and Code Administrator in order to distribute copies to pertinent agencies. No application shall be accepted unless it complies with the requirements of this Chapter and the applicant attests by his signature to the correctness of the information submitted. Applications which are found to be seriously deficient shall be returned to the applicant within ten (10) days of submittal and the application fee refunded. .320 Application Distribution and Review: The Buildings and Code Administrator shall mail a notice to agencies potentially having interest, jurisdiction or expertise relevant to the application within five (5) days after receipt of the application. Such agencies receiving applications for review shall be given up to thirty (30) days to respond, or the Buildings and Code Administrator, SEPA Official, and the Technical Committee shall conclude that the reviewing agency has no interest in the application, and may make such findings, conclusions or requirements as deemed reasonable, consistent with the requirements of this Title. 20.85.325 - 20.85.335 .325 Technical Committee: Upon the issuance of a Declaration of Non - Significance (DNS) or Draft Environmental Impact Statement (DEIS), or, if a DNS or DEIS is completed, after receipt of all agency comments pursuant to WCC 20.85.320, the Technical Committee shall convene in an open meeting to discuss with the applicant and any other interested persons each Committee member's recommendation to the Buildings and Code Administrator. Each member shall recommend either approval, approval with conditions,, denial, or further modifications or corrections to the application. The recommenda- tion from each member shall be written and submitted to the Buildings and Code Administrator within seven (7) days, and shall clearly address those factors to be considered by the Hearing. Examiner as identified in WCC 20.85.335 which are within the expertise and responsibility of such member and, where appropriate, proposed conditions for approval; or shall clearly indicate all deficiencies of the application requiring modification or correction. .330 Buildings and Code Administrator: Within fourteen (14) days after receiving all written input from the Technical Committee and verifying its suffi- ciency, the Administrator shall forward the application and staff report to the Hearing Examiner to schedule for public hearing, and shall assemble a recommendation based on the contributions of the Technical Committee, and other county and noncounty agencies. The recommendation shall be in writing and contain relevant data and proposed findings. Upon submission of the report to the Examiner, copies shall be mailed to the applicant and made available to any interested party. 335 Hearing Examiner: The Hearing Examiner shall hold the public hearing on behalf of the County Council in the manner required by WCC 20.92.300 and provide written public notice consistent with the requirements for major development permits as provided in WCC 20.88.225. The Examiner shall recommend project approval, approval with conditions, or denial, based upon written findings and conclusions supported by the evidence of record. The recommendation shall determine the adequacy of a planned unit development application based on the following criteria: (1) Conservation of natural elements and features; (2) Harmony of selected uses to each other; (3) Grouping and design of buildings, service, parking areas, circulation and open space as an integrated unit such that a safe, efficient and convenient PUD is created; (4) Harmony of the proposed PUD with the existing and proposed character- istics of its surroundings, with emphasis and due consideration given to air, water and soil pollution, flood protection, and aesthetics; (5) Conformance with the policies, goals and objectives of the comprehen- sive plan; (6) Adequate provision of utilities and circulation to serve the project and, where appropriate, contribute to the overall development of urban areas; 20.85.335 - 20.85.345 (7) The exceptions granted by this Chapter are warranted by creative design utilizing good design principles and provision "of amenities incorporated in the planned unit development and its program; (8) That the system of ownership, and means of developing, preserving and maintaining open space and other common facilities is acceptable to the county; and (9) Where expanded land uses as allowed by WCC 20.85.053 are requested for an application, the criteria of WCC 20.85.054 are met, and where a phasing plan is proposed, the criteria of WCC 20.85.117(3) are met. (10) Promotion of creativity and affordability in residential, commercial and industrial development. .340 County Council: The County Council shall meet to consider the Hearing Examiner's recommendation within twenty -one (21) days of receipt thereof, at which time it may: (1) Approve or disapprove the recommendation, or remand the matter to the Hearing Examiner with instructions; or (2) In the event the Council wishes to consider enacting a significant change that does not arise from the record, hold its own public hearing, after giving notice thereof, and approve or deny the planned unit development based upon its own findings and conclusions. The Council's decision shall be based upon the official record, WCC 20.85.335 and other applicable law. .345 Burden of Proof: With respect to any finding of fact required for planned unit development approval by this Title, the burden of proof for submitting to the public hearing record evidence, studies and plans sufficient to support an affirmative finding of fact lies with the applicant. (1) Prior to public hearing, any deficiency within the application with regard to necessary data or compliance with design requirements shall be brought to the notice of the applicant, in writing, by the Buildings and Code Administrator, who shall request that the required information be submitted within a reasonable period of time. Failure to make a timely response may result in a return of application. (2) If the Hearing Examiner determines- after public hearing that the record established by the applicant does not support an affirmative finding of fact with respect to any element necessary for PUD approval, he shall do one of the following: (a) Recommend denial of the planned unit development; (b) Recommend partial approval of a phased planned unit development; (c) Recommend PUD approval, subject to conditions sufficient to mitigate any problems created by the absence of a material finding; or 20.85.345 - 20.85.355 (d) With the consent of the applicant, remand the application to the Technical Committee for further review. (3) If the County Council concludes that the record before it is deficient with respect to any finding of fact necessary to support PUD approval, it may take final action in the manner provided in subsection (a) through (c) above, remand the matter to the Technical Committee or the Hearing Examiner, or hold its own public hearing to receive new evidence, studies or plans. .350 Scope of Initial Planned Unit Development Approval: (1) Once the planned unit development receives initial approval pursuant to WCC 20.85.340, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PUD, shall be bound by the conditions attending the approval of the development and the provisions of this Chapter. (2) Minor adjustments may be made and approved by the Buildings and Code Administrator, upon consultation with the Technical Committee, and are those adjustments which may affect the dimensions, location and type of improvements of facilities; provided the amendment maintains the basic character of the PUD application approved by the County Council including general type and location of dwellings and other land use activities, arrangement of buildings, density of the development, and provisions of the project to meet density bonus and open space require- ments; and provided further the standards of this Chapter are met. (3) Major adjustments are those which, in the opinion of the Buildings and Code Administrator, upon consultation with the Technical Committee, substantially change the basic design, density, open space or other requirements of the Planned Unit Development. When a.change consti- tutes a major adjustment, no building or other permit shall be issued without prior review and approval by the County Council of such adjustment. .355 Initial Approval Time Limits: (1) The applicant shall have three (3) years from the date of Council action to submit the final application pursuant to WCC 20.85.365. (2) The applicant may file a written request with the Buildings and Code Administrator at least thirty (30) days before the expiration of this three (3) year period for approval of a single one -year extension. The extension shall be granted by the Buildings and Code Administrator upon a showing of a good faith attempt to submit the final planned unit development within the three (3) year period. If the final planned unit development is not approved within the total time pro- vided, the initial planned unit development approval shall become null and void. (3) In the event that the Buildings and Code Administrator denies the extension request, his decision shall be reviewed by the County Council, which shall either uphold the Administrator or grant the request. 20.85.355 - 20.85.365 (4) In the event the time limits are exceeded, the PUD approval shall expire and no further improvements allowed until another approval is obtained consistent with the requirements of this chapter. .360 Installation of Improvements: Upon receipt of initial approval, the appli- cant may proceed with the installation of improvements required by the planned unit development pursuant to the following: (1) The applicant shall submit detailed engineering plans developed consistent with adopted county standards for the construction of roads, bridges, utilities, drainage works and other required improve- ments. In addition, the applicant shall also submit a land alteration control plan consistent with adopted land alteration standards. (2) Land alteration and construction activities shall commence only when the land alteration control plan and engineering plans for the appro- priate improvement have been approved by the .County Engineer and by any other departments or agencies having jurisdiction. The County Engineer shall act on the plans within fourteen (14) days after acceptance of a completed set of plans from the applicant. (3) All improvements shall be built to applicable standards in force at the time of initial PUD application submittal. (4) All construction of water and sewer systems shall be done under supervision of a licensed civil engineer. The County Engineer may waive this requirement. (5) Any condition of initial approval requiring accomplishment of such improvements as drainage or development of the source of water supply prior to other construction shall be strictly complied with, and no other construction shall proceed until any such condition is discharged to the satisfaction of the County Engineer, Health Department or other agency, as indicated in the condition. (6) Where facilities or improvements are proposed to be maintained by leasees, renters or property owners, a workable organization shall be established to guarantee maintenance of such facilities. .365 Final Review and Approval: (1) Upon completion of the improvements and meeting appropriate conditions As required by the initial planned unit development approval, the applicant shall submit: (a) A revised planned unit development site plan and written informa- tion containing specific information required in WCC 20.85.202 and 20.85.203. The revised site plan and written information shall reflect those changes to the development as a result of initial PUD approval and subsequent approved modifications; (b) If the proposal includes energy conservation and /or renewable energy source, iniormaLion required in WCC 20.85.108(2) shall be provided. 20.85.365- 20.85.370 (c) Written certifications from appropriate local agencies indicating the installation of required improvements and compliance with relevant conditions. (2) Within thirty (30) days after receipt of a completed set of revised site plans and written information, and written certifications, the Buildings and Code Administrator shall approve the planned unit. development request when it finds that: (a) The PUD information has been appropriately updated; (b) Adequate maintenance provisions for private facilities and improvements have been established; (c) All relevant conditions have been met; and (d) All required improvements have been instal -led or adequate securi- ties have been provided for development. (3) Upon approval of the planned unit development pursuant to this section, the applicant may begin construction of the project in compliance with the approval. If no construction is initiated within seven (7) years, the approval shall be null and void unless the Buildings and Code Administrator finds extenuating circumstances or in accordance with a pre- agreed upon schedule of phasing. .370 Control of the Development after Completion: The final development plan shall continue to control the planned unit development after it is finished and the following shall apply: (1) The building official in issuing a certificate of completion of the planned unit development shall note the issuance on the filed final development plan. (2) After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan. (3) After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows: (a) Minor modifications of existing buildings or structures may be authorized by the Buildings and Code Administrator, upon consulta- tion with the Technical Committee, if they are consistent with the purposes and intent of the final plan. (b) A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit . development if it is in compliance with the purpose and intent of the final development plan. 20.85.370- 20.85.375 (4) An amendment to a completed planned unit development may be approved if it is consistent with the planned unit development, or if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the comprehensive plan or related land use regulations. (5) No modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the planned unit development, and all rights to enforce these covenants against any change permitted by this section are expressly reserved. (6) In the event the applicant shall seek an amendment to the application, and it is the determination of the Buildings and Code Administrator, upon consultation with the Technical Committee, that such amendment exceeds the scope of final approval, a public hearing shall be held by the Hearing Examiner as provided by WCC 20.85.335 herein. .375 Enforcement: After final review and approval, as provided by WCC 20.85.365 herein, the Buildings and Code Administrator shall enforce, or cause to be enforced, the provisions of this Ordinance as follows: (1) Stop Orders: Whenever any work or action is being done contrary to the provisions of this Ordinance, the Buildings and Code Administrator may order the work or action stopped by notice in writing served on any persons engaged in the doing or causing such work or action to be done; and any such persons shall forthwith stop such work or action until authorized by the Administrator to proceed with the work or action; (2) Permits: No buildings, occupancy or other permit shall be issued or granted for the construction of any building, structure or improvement to the land, or for the use of any building or structure or improvement to the land, until all requirements of this Ordinance have been complied with; (3) Security: In the event of noncompliance with the terms of this Ordi- nance, the Buildings and Code Administrator may require the applicant to furnish assurance of compliance upon such terms and conditions as the Administrator deems appropriate including, but not limited to, the posting of a surety bond or other sufficient security; (4) Equitable Relief: Whenever any building, structure or improvement to the land within a PUD is used in a manner, or for a purpose, which violates any provision of this Ordinance, or any provision of state or local law, or any term or condition of PUD approval, the county may commence an action to restrain and enjoin such use and compel compliance with the provisions of this Ordinance, state or local law, or such terms and conditions. The costs of such action shall be taxed against the violator. (5) Penalty: Any person, firm or corporation who constructs any building, structure or improvement to the land, or any portion thereof, in violation of the provisions of this Ordinance, shall be guilty of a gross misdemeanor. 20.85.400- 20.85.403 20.85.400 FEES .401 The fees fora planned unit development application shall be the same as the fees for a rezone request (WCC 20.90.210) for the zone designation which coincides with the underlying zoning for a site. Where a project site is within more than one zone district, the higher rezone fee shall apply. For example, if a proposed planned unit development is located in an Urban Residential (UR) District, the fee shall be the same fee as for a zone change to the UR district specified in WCC 20.90.210(1). If the proposal is within the UR and Light Impact Industrial (LII) districts, the fee shall be the fee for a rezone request to LII as specified in WCC 20.90.210(4). .402 A fee of $100.00 shall be submitted by any applicant requesting a preappli -- cation conference. This is a nonrefundable fee which shall be credited to the fees required for processing a planned unit development request upon formal submittal of an application. .403 Where a planned unit development application is being processed concurrently with a conditional use permit, substantial development or shoreline condi- tional use permit, or any permit required by the Subdivision Ordinance, the total permit fees shall be reduced by twenty -five percent (25 %). This fee reduction shall exclude any fees required for environmental checklists or preparation of Environmental Impact Statements. (Amended per WCC 20.04.080(1)(w)) (Chapter adopted per WCC 20.04.080(1)(i)) Chapter 20.86 PROCEDURES FOR GENERAL MANUFACTURING, AND LIGHT AND HEAVY IMPACT INDUSTRIAL DISTRICT APPLICATIONS 20.86.010 PURPOSE 20.86.010- 20.86.200 The purpose of this Chapter is to provide a procedural guideline for applicants proposing uses within the General Manufacturing, Light or Heavy Impact Industrial districts of Whatcom County. In addition, this Chapter is intended to expedite public review of industrial applications. (Amended by WCC 20.04.080(1)(h)) 20.86.100 PREAPPLICATION CONFERENCE Applicants proposing industrial uses within the General Manufacturing,, Light or Heavy Impact Industrial districts shall be encouraged to arrange a preapplication conference with the Zoning Administrator and representatives of the Whatcom County Public Works, Engineering, Planning and Health departments, and the Fire Marshall, as determined by the Administrator. In addition, representatives of state and federal agencies may be requested to attend the preapplication confer- ence when the Environmental Coordination Procedures Act, and other state and federal procedures are applicable. (Amended by WCC 20.04.080(1)(h)) 20.86.200 INITIAL REVIEW REQUIREMENTS To determine the proposal's conformance with GM, LII or HII district permitted and /or accessory uses and requirements, and to determine whether the SEPA process, Major Development Permit process, Shoreline Management Program and Subdivision Regulations are applicable, the Zoning Administrator shall request the following information for initial review of each application: (1) Development plans for the proposed industrial use including: (a) a description of the proposed use(s); (b) the bulk and dimensional specifications of all buildings and /or enclosed storage structures; (c) the estimated capital plant development /construction costs; (d) the site's property cost at the current assessed value according to the records of the County Assessor. (e) plans in appropriate detail for purposes of initial review by the Zoning Administrator concerning the following: sewer and water for industrial and domestic use; police and fire protection; drainage; on and off -site circulation; the number and arrangement of parking spaces; building, structural and accessory facility placement on the site; and landscaping; and (f) a statement of whether the site is currently available for purchase or lease, will be required to be subdivided, or will be developed in concurrence with a binding site plan. 20.86.200- 20.86.700 (2) Written recommendation on the proposed industrial project from the Technical Committee, if deemed necessary by the zoning Administrator. (Amended by WCC 20.04.080(1)(h)) 20.86.300 STATE ENVIRONMENTAL POLICY ACT Pursuant to the State Environmental Policy Act (RCW 43.21C and WAC 197 -10), the project applicant will be required to submit an Environmental Checklist. If the proposed industrial use is determined to be subject to the SEPA process, it shall be administered consistent with the State SEPA guidelines and the Whatcom County SEPA Ordinance. 20.86.400 SHORELINE MANAGEMENT PROGRAM Should the proposed industrial use be subject to Shoreline Management jurisdic- tion, it shall be administered pursuant to the Shoreline Management Program of Whatcom County. 20.86.500 MAJOR DEVELOPMENT PERMIT Should the proposed industrial use be subject to the Major Development Permit process, it shall be administered pursuant to Chapter 20.88 of the Official Whatcom County Zoning Ordinance. 20.86.600 SUBDIVISION REGULATIONS Should parcel subdivision be required, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations). 20.86.700 BINDING SITE PLAN Should the proposed industrial use be developed as a 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. 20.88.010 - 20.88.130 Chapter 20.88 MAJOR DEVELOPMENT PERMITS 20.88.010 PURPOSE To establish standards and procedures that will provide for special review of those projects or developments that because of their magnitude and impact will tend 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 MID 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 utili- ties, facilities and services shall be those currently accepted by the State of Washington, Whatcom 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 uncompensated costs on other property owned. (7) Will be appropriately responsive to the EIS prepared for the project. 20.88.140- 20.88.235 .140 In addition, the County Council may impose any reasonable conditions precedent to the establishment of the major development as may be required 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 of Buildings and Code Administration a standard application form. .215 The application shall be completed and filed with the Planning Department. 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 Respon- sible 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 31.1 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 proposed project. 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. .230 The recommendation of the Hearing Examiner shall be based upon the criteria set forth in Section 20.88.1.30(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. I :L •1 1 0* 0* SI .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 receipt 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 Commis- sion 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 either 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(l.)(w)) 20.89.010 - 20.89.051 Chapter 20.89 DENSITY TRANSFER PROCEDURE Where the applicable subarea comprehensive plan policies provide the option for transfer of land use densities, the densities shall be transferred consistent with the subarea plan policies and requirements of this chapter. 20.89.010 GENERAL REQUIREMENTS .011 All density transfers shall be initiated by the person(s) or entity(s) holding fee title or other legal right to transfer density in the lots, tracts or parcels intended-for the transfer. .012 All legal instruments implementing the density transfer shall be certified by the Whatcom County Zoning Administrator prior to recordation, and no amendments or changes to the instrument prior to recordation shall be made without recertification by the Zoning Administrator. 20.89.050 SPECIFIC SUBAREA REQUIREMENTS .051 For comprehensive plan policies which allow increased multi - family densities by either the procurement of undeveloped, single - family platted lots or the transfer of densities between tracts for multi - family development, the following provisions shall be utilized: (1) Single - family platted lot( §) shall be procured and designated as a non - developable lot(s) through a recorded irrevocable deed restriction. Densities shall not be transferred from a multi - family tract to a single - family lot. (a) For individual platted lots having noncontiguous ownership patterns, each lot shall permit an increase of one dwelling unit on the multi - family tract. (b) For individual platted lots with contiguous ownership, lots shall be procured in accordance with the minimum lot area requirement of the appropriate zone district and shall have lot lines vacated pursuant to RCW Title 58. Each procured 12,000 square foot parcel shall permit an increase of one dwelling unit on a multi- - family tract. (2) The density transfer between multi = family tracts shall be implemented through the filing of a recorded, irrevocable deed restriction. The deed shall indicate the tracts involved with the density transfer, the number of multi - family dwellings remaining on the tract(s) from which such units have been transferred, and the corresponding increase in additional multi - family units to be allocated to the tract(s) receiving the additional density. (Chapter adopted per WCC 20.04.080(1)(a)) Chapter 20.90 AMENDMENTS AND FEES 20.90.100 AMENDMENTS 20.90.100- 20.90.230 .110 Upon referral by the County Council or by its own initiation, the Planning Commission may recommend amendments to the provisions of Title 20 as per state statute. 120 Upon petition of fifty percent (50 %) of the owners of the land of any area or district hereafter regulated under the provisions of this Ordinance, the Commission shall consider any changes affecting such district or area and, after holding such public hearing or hearings as the size and character of the district are believed to warrant, shall report its findings to the Council with its recommendations. .130 Amendments affecting or changing zone district boundaries or regulations of land uses previously affected by the Ordinance shall be accompanied by a detailed map showing any and all of such proposed changes. 20.90.200 FEES The following fees shall be paid upon the filing of any application, request for development consultation, plan review and processing of an environmental impact statement (EIS). 210 Rezone (1) Reclassification to UR, RR, RR -I or R $432.00 (2) Reclassification to AG or ROS $432.00 (3) Reclassification to GC $576.00 (4) Reclassification to LII or HII $576.00 (5) Zone text amendment request $432.00 (6) If any of the above require an environmental impact statement (EIS), an additional fee of $250.00 shall be required for processing of the EIS. This fee is not part of the costs which shall be required of the applicant for the preparation of the EIS. .220 Major Development Permit (1) CLASS A $2,000,000 to $3,000,000 $700.00* (2) CLASS B $3,000,001 and greater $$50.00* *Plus $5.00 /lot. or $12.00 /acre. .230 Comprehensive Plan Text or Map Change $400.00 to Current Expense 20.90.240- 20.90.280 .240 Development Consultation and Plan Review (1) First half hour free, thereafter $22.00 per hour for development consultation relating to subdivision, zoning, major developments, substantial development permits and other land use developments or projects for which no formal application has been submitted. The applicant requesting the consultation shall be billed by the Planning Department for such services. (2) An hourly fee of $22.00 shall be charged applicants requesting plan reviews relating to land use development or projects. The applicant requesting such plan review shall be billed by the Planning Department for such reviews upon completion of the review. .250 When any given project requires more than one of the following permits or applications, the total amount of fees shall be reduced by twenty -five percent (25%) of the required aggregate permit __and application fees; provided any fees required for processing of an EIS shall not be included as part of the total amount of fees to be reduced by twenty -five percent (25 %). (1) Subdivision Plat Application (2) Rezone Application (3) Substantial Development Permit (4) Major Development Permit 260 In the event that actions of an applicant result in the repetition of the reviews, inspections and other steps in the approval process, those items or steps repeated shall be charged to and paid by the applicant prior to any further processing of the application by the County. The costs shall be determined by the Director of Planning based upon the following rates: (1) Buildings and Code Staff (2) Planning Department Staff (3) Engineering Department Staff (4) Health Department Staff (5) Legal Notices $22.00 /hr. $22.00 /hr. $22.00 /hr. $22.00 /hr. $20.00 plus actual publication cost of notice. .270 Rezone or comprehensive plan text or map change initiated by the Council or Planning Commission for the public interest shall be exempt from the fee requirements. .280 All fees shall be received by the Buildings and Code Administration and shall be deposited in the appropriate expense fund. 20.90.290 .290 Refund of Permit Fees: (1) The application may be withdrawn within thirty (30) days of submittal by the owner or agent of the owner, and such request shall be in writing. (2) No work shall have commenced on the project for which such application has been made. (3) No refund shall be made in excess of fifty percent (50 %) of the total fee as required. (4) At the election of the Planning Director or his designee, a site inspection may be conducted prior to any refund to verify item (2) and to assure that such withdrawal is in the public interest. Such inspections shall be reported back in writing to the Planning Director or his designee. (5) No refunds shall be made for projects /applications which are requested withdrawn when the refund would draw on County funds in a budget year other than the one in which the application and fees were collected. (6) Withdrawal of an application shall constitute full surrender of any express or implied rights inherent in an application which has been perfected and accepted by the Planning Department or its designees. Chapter 20.92 HEARING EXAMINER 20.92.010 PURPOSE 20.92.010 - 20.92.150 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. .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- 20.92.215 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)(p)) .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 determina- tion 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. (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)(p)) .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. 20.92.220- 20.92.310 .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 -10 -480 and Section 16 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 witness- es, 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. .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 requires a legislative action, such comprehensive plan map change or a Amendment. All such projects shall with and in the same manner as ap] approval or denial of such projects of the County Council. no jurisdiction over any project that as but not limited to a rezone, a Shoreline Management Act Master Program be considered and processed concurrent plications for legislative action. The shall'be solely within the discretion 20.92.300 RECOMMENDED DECISIONS TO COUNTY COUNCIL 310 Recommended Conditions - Subdivision Avvlications The Hearing Examiner's recommendations may be to grant or deny any subdivi- sion 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. 20.92.320 - 20.92.510 .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 applica- tion 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. 20.92.520 - 20.92.650 .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. .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 appel- lant'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. 20.92.660 - 20.92.810 .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. (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 Countv 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: 20.92.810- 20.92.830 (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 or attempt to inter- fere with the individual Council members of the County Council in the execution of the quasi - judicial duties they have assumed, pursuant to this Ordinance. (Section 20.92 amended 8/27/84 per WCC 20.04.080(1)(i)) 20.94 Chapter 20.94 ENFORCEMENT AND PENALTIES Any person, firm, company or corporation who violates, disobeys, omits or neglects any of the provisions of this Ordinance shall be subject to a fine of not more than five hundred dollars ($500.00), together with costs of action and. imprisonment in the county jail for a period of not more than six (6) months. Compliance therewith may be by injunction order at the suit of the county or the owner or owners of land within the district affected by the regulations alleged to be violated. 20.95 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. 20.97.001- 20.97.040 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. .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. 750 animal units, in terms of discharges of pollutants is equivalent to 750 beef animals; 525 mature dairy cattle (whether milkers or dry cows); 7,500 sheep; 75,000 laying hens or broilers when facility has unlimited continuous flow watering systems; 22,500 laying hens or broilers, when facility has liquid manure handling system; 375 horses; or 1,875 swine weighing over 55 pounds. .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. ..030 BILLBOARD. Any off--site 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: 20.97.040 - 20.97.075 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. 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)(r)) .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 recrea- tional 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 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. .060 COLLECTOR ARTERIAL. "Collector arterial" means 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 adjacent 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 recrea- tional purposes, which serves mainly the community where located; including but not limited to community halls and clubs, 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 b! the Hearing Examiner. 20.97.080- 20.97.125 .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 cooking, eating, sleeping, sanitation, and living facilities for one family and its resident domestic employees if any. .110 DWELLING, SINGLE - FAMILY. A detached building constructed on a permanent foundation, designed for long -term human habitation exclusively by one family; having complete living facilities and constituting one dwelling unit. .115 DWELLING, TWO- FAMILY. A detached building designed for and occupied exclusively by two families and constituting two dwelling units. .120 DWELLING, MULTIPLE- FAMILY. A building designed for and occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. A multiple - family dwelling may be, but is not limited to, rowhouses, apartments, condominiums, townhouses or cooperative residences. .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. .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. .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. 20.97.130- 20.97.177 .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 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)(r)) .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)) 20.97.180- 20.97.200 .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. (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 representa- tions or descriptions of: 20.97.200- 20.97.245 (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. .205 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. .210 LOCAL ACCESS STREET. A neighborhood street with low traffic whose primary function is to provide direct access to adjoining properties. .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. .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. .245 MINOR ACCESS STREET. "Minor access street" means permanent cul -de -sacs, loops, streets and other local service streets serving a limited number of dwelling units. 20.97.250- 20.97.280 .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. .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 i1SE. A building or premises occupied by a use that does not conform with the regulations of the use district in which it is situated. .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 (50X) 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 20.97.280- 20.97.327 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 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 construc- ted 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. .310 PRIMARY ARTERIAL. A road connecting two or more towns or communities, or connecting two highways of equal or greater capacity to a large land area, as determined by the County Engineer. A major arterial may also serve a large traffic generator (e.g., an industrial area) and perform a secondary function of providing local access. 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, frater- nity, yacht club or similar entity. The facility may or may.not feature eating, drinking, dancing or similar activities. .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)) 20.97.329 - 20.97.350 .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)(z)) .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)(z)) .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. .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. 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. .348 RESORT- -ORTENTED HOTEL OR MOTEL. Those hotels or motels that not. only provide for the primary activities associated with such establishments but 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, conven -- tion 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 20.97.350 - 20.97.405 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 SECONDARY ARTERIAL. "Secondary arterial" means a road connecting two or more roads of equal or greater classification, or - connecting two or more communities. A secondary arterial may also serve a traffic generator and provide direct access to land uses. .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. .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. 20.97.465 - 20.97.475 .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 defini- tion 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 -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 Agricul- tural 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. 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 requirements. .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, 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. 475 ZONING ADMINISTRATOR. The Director of Buildings and Code Administration or- his designee. INDEX TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE CHAPTER Administrative Responsibilities ................... ......................20.04.035 Adoption of District Zoning Maps .................. ......................20.04.070 Agricultural District (AG) ..................... .........................20.40 Amendments......... ............................... ......................20.90.100 Appeals............ ............................... ......................20.84.240 Application of the Ordinance ...................... ......................20.04.050 ClearVision ....... ............................... ......................20.80.400 Conditional Uses ... ............................... ......................20.84.200 Definitions .... ............................... ..........................20.97 Density Transfer Procedure .................... ..........................20.89 Dock Regulations ... ............................... ......................20.80.670 Enforcement and Penalties ..................... ..........................20.94 Fees ... ............................... ......................20.84.250 & 20.90.200 Forestry District (F) .... ............................... .............20.42 General Commercial District (GC) .............. ..........................20.62 General Development Standards ..................... ......................20.80.600 General Manufacturing District (GM) ........... ..........................20.67 General Provisions of this Ordinance .......... ..........................20.04 Hearing Examiner .............................. ..........................20.92 Heavy Impact Industrial District (HII) ........ ..........................20.68 Interpretation and Conflict ....................... ......................20.04.030 Landscaping ............................ ......................20.80.610 & 20.80.730 Light Impact Industrial District (LII) ......... .........................20.66 Livestock Regulations ............................. ......................20.80.800 Loading Requirements .............................. ......................20.80.715 INDEX TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (continued) CHAPTER MajorDevelopment Permits ..................... ..........................20.88 Neighborhood Commercial District (NC) ......... ..........................20.60 Nonconforming Uses and Parcels ................ ..........................20.83 Off - Street Parking and Loading Requirements ....... ......................20.80.700 Parking Space Requirements ........................ ......................20.80.780 Planned Unit Development Requirements ......... ..........................20.85 Procedures for LII, GM and HII District ....... ..........................20.86 PublicUtilities .............................. ..........................20.82 Recreation and Open Space District (ROS) ...... ..........................20.44 Residential Rural District (RR) ............... ..........................20.32 Resort Commercial District (RC) ............... ..........................20.64 Rural District (R) ............................ ..........................20.36 Rural Residential - Island (RR- I) ............... ..........................20.34 SetbackRequirements .............................. ......................20.80.200 Screening.......... ............................... ......................20.80.730 Severability... ............................... ..........................20.95 Sign Controls ...... ............................... ......................20.80.500 Supplementary Requirements .................... ..........................20.80 Title of Ordinance . ............................... ......................20.04.040 Tourist Commercial District (TC) .............. ..........................20.63 Urban Residential District (UR) ............... ..........................20.20 Urban Residential Medium Density District (URM ) .........................20.22 Variance ........... ............................... ......................20.84.100 Variances to Lot Area and Width Requirements for New Subdivisions ................. ......................20.80.350 Waterfront Lots .... ............................... ......................20.80.300 i ff� 7 ,i 'rC ,= r „ ,. „ ,. �Jy ,= RR2 ,Ir•w V ' • SPAN ; - R5A AG ✓ AG r AG - FI C b E ri s • r° .. ) • f .O .i q2AT 132A A - ` AG" ROS< R5A A R10A F' s f �^ r ✓ s LYNDEN — ✓UR4 URn/ NOOKSACK ' 2A GE _� AG R5A R5A URM6 1\��� r ; - R10A VALLEY ,• it - :, 11:2 `f \ \ ,f � \0��.-" a I i R5A AG �-- E.- I SUBAREA � ~Y _.. r • '` a at of Y G „ a• : „ ,. n ,i v ,• „ R,2 g AG ^� I UR3 R5 2A LEGEND C R5A UI G UR3 Urban Residential 3DU /AC. R2A Otc r_ ( ✓ UR4 Urban Residential 4DU /Ac. R 2 R.. " •RR2 URM6 Urban Res.Med.Density R R A R5A I 6DU /Ac. 5 RR2 Residential Rural 2DU /Ac. 10 G 132A 1DU /2Ac. A ,£ G a R10 N <b R R5A 1DU /5Ac. GM _ _ - 10 Y R 10A 1 DU/ 10Ac.� \ '' F ' NC Neighborhood Commercial R5A or f r © 1 GC General Commercial k` r „ d•'4 i TC Tourist Commercial AG „ GC 1 UI Light Impact Industrial R5A GM General Manufacturing ' ' 11 ROS Recreation and Open Space ` i 5A f AG Agriculture .�•,• ' - -- F Forestry GC I R2A~ 12 13 / ZONING DISTRICTS 3 F N Approved tMa 21 day of April.1988 Adopted Me 19 day of June, 1988,Ordinance N0.88 -42 Attest. Clerk of the Council ' s Whatoaln County Pmnnkv Coam-nission Whatcom County Council,%Vhatcom Camty.Wa. • «"« a ,eee N•. � Whatcom County - Planning Department Secretary Ex the June 1986