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Home My WebLink Aboutord1986-0691 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a INTRODUCED BY: Consent PROPOSED BY: Building-9--&--Cade DATE: August 7 1986 ORDINANCE NO. 86_69 AN ORDINANCE AMENDING TITLE 20 CONCERNING THE TEMPORARY DWELLINGS ALLOWED IN CASES OF NEED FOR MEDICAL CARE AND TO ALLOW THIS USE IN THE RURAL RESIDENTIAL- ISLAND ZONE DISTRICT WHEREAS, Title 20 allows for temporary dwellings when family members require daily supervision; and, WHEREAS, presently a limitation exists restricting the size of the structure to Six - Hundred and Sixty (660) feet which hampers the administration of this section; and, WHEREAS, an amendment to this requirement would not change the intent of the provision in the official Whatcom County Zoning Ordinance that allows temporary dwellings; and, WHEREAS, the intent of the adopted Comprehensive Plan would not be altered by allowing temporary dwellings to be of any size; and, , WHEREAS, the other aspects of the requirement will assist in making the structure temporary rather than the simple size requirement; and, WHEREAS, the required notices have been filed and the hearing has been held before the Whatcom County Planning Commission which recommends adoption of this amendment; and, WHEREAS, the Whatcom County Council finds that the amendment is in the public's best interest and does not alter the intent of the allowance of temporary structures. NOW, THEREFORE, BE IT ORDAINED that Title 20 of the Whatcom County Code be amended as follows: Title 20 shall be amended in accordance with Exhibit "A" which is attached to this Ordinance and is incorporated herein by reference as if fully set forth. BE IT FURTHER ORDAINED that unless the conditions of Title 20 are specifically amended herein, all other terms and • conditions of Title 20 shall remain in full force and effect. - Ordinance - 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PASSED this 21st day of August , 1986. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON D LD G. ANS Y, Chairma I ATTEST: Z_ez,4t�� CAROL EBERGS (T Clerk fo the Council ( ✓ ) APPROVED ( ) VETOED ,�LL o4,,, z,,L SHIRLEY VAN ZANTEN County Executive August 22, 1986 Date APPROVED AS TO FORM: RANDALL J. TTS'J- Civil Deput"rosecuting Attorney Published on August 13, 1986 and August 27, 1986 This Ordinance become effective on September 1, 1986 - Ordinance - 2. J July 23, 1986 File Ref: ZT 7-86 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Bureau of Buildings and Code Administration REQUEST: In order to simplify administration and remove unnecessary requirements of Title 20, the Official Whatcom County Zoning Ordinance, it is requested that the wording "of 660 square feet or less" be removed from sections 20.20.160, 20.22.162, and 20.36.163. These sections contain the provision in Title 20 that allows a manufactured home, travel trailer, or motor home to be placed on properties as a temporary dwelling space when family members need daily supervision and care. It is also requested that this provision be added to Section 20.34.156 without the 660 square feet limit. LOCATION: The requested amendments will affect all districts in Whatcom County that are zoned Urban Residential, Urban Residential Medium Density, Residential Rural, Rural and Residential Rural - Island. STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.590, a legal notice was published in the Bellingham Herald on July 19, 1986. The regulatory effects of this request are limited to allowing temporary dwellings to be of any size. This awndment is administrative in nature and no SEPA review is necessary. SIRWY OF FINDINGS: 1. The Bureau of Buildings and Codes is requesting amendments to Title 20 sections allowing temporary dwellings when necessary for the care of members of the family resident on the property. The amendments would allow temporary dwellings to be of any size rather than restricting them to no more than 660 square feet. It also would allow use of temporary dwellings under the spec *fied circumstance in the Rural Residential- Island zone district. 2. Statutory requirements have been met. 3. This amendment would simplify administration and be of benefit to the public without materially altering the intent of this provision of Title 20 or the intent of the Rural Residential - Island district. RECQMNDATION: The Planning Department recommends adoption of this amendment as shown on Attachment A. ATTACIRMT A The Official Whatcom Cpunty zoning Ordinance shall be amended as follows: Amend Sections 20.20.160, 20.22.162, 20.32.159, 20.36.163 and add new Section 20.34.156 all to read as follows: .162 A manufactured home, of- 660 - square- feet -or -4eau; a fully serviced travel trailer or motor home, to provide: (1) A temporary dwelling space for family members who, due to professionally documented physical or mental dis- orders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; ors (2) A temporary dwelling space for a third party where the person requiring supervision and care in the mapper described above is the resident owner of the subject prppprty; PROVIDED THAT, (3) Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback, ingress, egress, height restrictigns, and lot cov"490 requirements; necessary, the temporary home shell be removed; {6 LU 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 perpit remain in effect; {7i The- 600 - square- foot- trarierfmobrle- home - arse- }imYt -sha}} not - apply- on- pareein- two -f$ }- acres -in- arse -or- larger: i81 A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. (Adopted per WCC 20.04.080(1)(d); Amended per WCC 20.04.080(1)(f)) r The size of the temporary dwelling shall be appropriate to the gee and size of the parcel and shall be limited so as to comply with the standards set forth in (3) ove• {4�JSJ The temporary home shall be connected to an approved water sMly and adequate capacity sewage disposal system; f6VU When the need for daily care no longer becomes necessary, the temporary home shell be removed; {6 LU 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 perpit remain in effect; {7i The- 600 - square- foot- trarierfmobrle- home - arse- }imYt -sha}} not - apply- on- pareein- two -f$ }- acres -in- arse -or- larger: i81 A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place. (Adopted per WCC 20.04.080(1)(d); Amended per WCC 20.04.080(1)(f)) r r WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE TEXT OF THE URBAN ) RESIDENTIAL, URBAN RESIDENTIAL MEDIUM DENSITY, ) RESIDENTIAL RURAL, RURAL AND RESIDENTIAL RURAL- ) FINDINGS, REASONS ISLAND DISTRICTS (TITLE 20, SECTIONS 20, 22, 32, ) AND MOTION 34, 36) TO REMOVE THE SIZE LIMIT OF 600 SQUARE ) FEET FROM THE USE OF TEMPORARY DWELLINGS IN CASES ) OF NEED FOR MEDICAL CARE AND TO ALLOW THIS USE IN ) IN THE RURAL RESIDENTIAL- ISLAND ZONE DISTRICT. ) WHEREAS, The Bureau of Buildings and Code Administration has applied for a zoning amendment to the Official Whatcom County Zoning Ordinance, Title 20, that would allow temporary dwellings necessary for medical care of the members of the family resident on the property to be of any size, and would allow temporary dwellings of this nature in the Rural Residential- Island zone district; and WIEREAS, this amendment would not change the intent of the provision in they Offic }al Whatcom County Zoning Ordinance that allows temporary dwellings; and WHEREAS, the intent of the adopted Comprehensive Plan would not be altered by allowing temporary dwellingq to be of any size; and WHEREAS, this amendment would simplify administration of Title 20 and benefit the public; and WHEREAS, pursuant to RCW 36.70.590, a legal notice was published in the Bellingham Herald on July 19, 1986; and WHEREAS, no SEPA review is necessary for this administrative change; and WHEREAS, the Planning Comtutission held a public hearing on the proposal on July 29, 1986. NOW, THEREFORE, BE IT RESOLVED: Findings of Fact and Reasons for Action 1. That a quorum of Commission members was present during the hearing. 2. That a majority of the Planning Commission adopts the Findings as presented in the Staff Report (Exhibit 1) and further recommend* to County Council the adoption of the proposed amendments to Title 20, as presented in Attachment A of Exhibit 1. S• The Chairperson and Secretary are hereby directed to place their signaturep on this document and transmit same, together with Exh. 1 to County Council. Done and passed by a 2-42 vote this day of July, 1980. WHATCOM COUNTY PLANNING COMMISSION eggyyti - an, !ha' rperson am `tj . 7Tr1mm, Attachment: Exhibit I - Planning Department Staff Report with Attached Amendment _L1 r E WHATCOM COUNTY PLANNING DKPARTMRNT AIPPWCAUQM FAIL COMPUKHANJUVE PLAAN/'LOVIINI AMENDMENT Aatet —lua / ( Comprehensive Plaw Map H0001pt No. Text Case PpA NP. z � � zonings Map Text:5C: t3operal Information A. AppliquVa Name burgaij of ]ju j l di ngG & CudP Admi ni gt_rati nn Mailing Address 441 frand AvPnita P11 i agham„ WA, Q8225 Business Phone Qfi igQ7 Home Phone Interest to Property/ Text Amendment J1. Agent's Name Dpnnvan F Kahrev Mailing AddruW aa,nP 9:wineso eholie C. Existing Comprehensive Plan Designation Existing 7, �I* P4;rlota /A D, For Mop Amendmootm B. Legal dascripUan at subject property and boundary doWiption of proposed map 0"9 (Attu 010Qinliy map): �. Propooed comprhensive Plan Classification: Propooed ; *og p4spi(icrtion: 1 Q. The prsgont tp of the property list a ,f sur:'oundin lam# moos; i i For Text Amendmontp H. Identify appropriate sections of the Comprehenwive Plan and/or Zoning Ordinance requested to be amended and provide the proposed wording (attggb addltiopal pages, if nacaesary): T1r1V 20 ._ s .sticuut 2Q1 ZQ l f;O ( R) 20.22.162(URM). 20.32.159(RR1. 20.36.163(R) and addijig new Section 20.34.156SRR -12; new wording} shown at Appendix A (attacl��Q . L. l -I- .k A f. t i 1 i a For All Amondmentsl ` I. Please describe exsot Intent of amendment request tullyi The ama m n would eliminate the specific maximum size limit for mobile homes to be used as living quarters for invalid family �mem- bers in favor of non - flexible size restriction based upon Lug ahagg� � R* Q4 the nrQRQrrtX _ , J. Oupporting Aiso400n (attach additional pages, it neaeWyh u 1, Comproheniiive PW Amendments (it applicable) (a) How does the proposed amendment promote the County's adopted KOO atptoimentat (b) How is the request consistent with the overall Intent and direction of the Comprehensivo Plan? (a) )IlhAt #qeitt of the public interest Is twl"I met by tho requot? (d) How does the request meet the approprl,lta amooment Atj%wj# pt tile AW04,010 subarea plant C Z. Zone Amendments (it applicable) , (a) What errors) In the present classification would be corrooted by the p�rapaWpd amendment? The pre,ant J,2p :.itkiagvr,-Qn1R thc,t temporary living space for invalid family members r R 4g XewLgicLed to 660 iQu re tepr nn lots leas Than �(Aryr.4 linger. Home rircij;st_eQj;es t-bis Is Q_verlx ti resLrictive and defeats the purpose rrof this ordinQnce ** (b) What changed or changing conditions support the proposed amaildment? During, a review of a recent application T • for a temporary dwelling =,, it became apparent that .Lhg ordinance language was not sensitive to the �variety of special needs and circumstances which caQ, arise when tryipk, to provide adequate shelter ** (o) Whet gther circumstances justify the proposed change? The i central issue with the size of a unit is the a im2aa�ct on surrounding properties. If impacts -are P nt or can bg miti� ted. t doesn't really X14...8,, bi} q g,4 .� .- g.LSE how large the unit is as jona as it is * *, .4 * *See attached ) h �J NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to Chapter 36.70.590 RCW, that the Whatcom County Planning Commission will be conducting a public hearing for the purpose of receiving testimony in the matter of amending the Official Whatcom County Zoning Ordinance, Title 20, Sections 20,22,32,34,36. This amendrent would change the wording of the provision allowing temporary dwellings where residents need medical care. This amendment is of an administrative nature and does not affect the intent or purpose of the ordinance provision. The public hearing will be held on July go, 1986 at 9:30 a.m. in the second f1QOr hearing room of the Whatcom County Courthouse, Bellingham, Washington. Copies of the proposed amendment can be obtained at the Whatcom County Planning Department, 401 Grand Avenue, Bellingham, Washington. Whatcom County Planning C(gwission. William G. Trim, Ucrotary. f� I t I 1 i 1 ; `J (d) How does the proposed change relate to the appropriate ComprghgrWve Plan policies and Zone distriot(s) Ordinance? `Chg chanyp hei n` prnggaed JA s rPari upl y mi nnj oge t4g� does not ef:f :ck the intent or Uggpoag of tt a ordinance Provision iaQg ;the undjglXing. zonin&or comprehensive plan. K. Supporting lnformStlop for map amendments only (attach the following ltsm4)s 1. A vicinity map showing property lines, roads, buildings and their uss, owmoats, existing And proposed zoning, wells and othar pertinent data, a. A list of all property owners and others havipg a legal interest in the proporty oaVarod by the proposed change. 3. A list of the names and malting addresses of the owners of all property within 300 foot (exclusive of roads and alleys) acoording to the r000rd,/ of the Whatcom County Assessor. 4. A site plan may be requested at a future date if the intended amendment is to accommodate a particular development. The applicant may wish to submit a plan at the time of application. The site plan is a scaled drawing showing approximate location of buildings; roadways; parking; drainage facilities; sanitation and water facilities; easements; where approrlate, landscaping, buffer, common areas and pphasing boundaries; and for mobile home OW r"rootipnal vehicle parks, typloals of 1Mlivldual lea" spllow i,. signature of At(y) fowl tt t=) Dote(a) (Notes Whateom County Zoning Ordinance requires that 50% of the property owners affected by the #moodmapt must sign a petition. Said aignaturas must be part of this application). L- -3- ;r G 7 (Notes Whateom County Zoning Ordinance requires that 50% of the property owners affected by the #moodmapt must sign a petition. Said aignaturas must be part of this application). L- -3- ;r