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Home My WebLink Aboutord1986-0781 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY: CONSENT PROPOSED BY: PLANNING DATE: 10/16/86 ORDINANCE NO. 86 -78 AN ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TEXT AND MAP TO RESOLVE CERTAIN PROBLEMS OF ADMINISTRATION. WHEREAS, the Whatcom County Planning Agency is charged with revising the Official Whatcom County Zoning Ordinance Text and Map and providing recommendations for legislative action to the County; WHEREAS, the Whatcom County Planning Agency has reviewed Title 20, the Official Whatcom County Zoning Ordinance, and also has reviewed a variety of requests from users of the document concerning certain administrative corrections; WHEREAS, a public hearing was conducted September 16, 1986, by the Whatcom County Planning Commission on corrections proposed by the Planning Department staff and the Bureau of Building and Code Administration staff, as well as corrections suggested by members of the public; WHEREAS, the Whatcom County Planning Commission has prepared Findings, Reasons and a Motion recommending the adoption of three text amendments and one map amendment to Title 20; WHEREAS, the Whatcom County Council has reviewed the Planning Agency's Findings, Reasons and Motion; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council as follows: -1- 1 2 3, 4 5i 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 Section 1. Zoning Text Title 20, the Official Whatcom County Zoning Ordinance, is hereby amended to read as set forth in Exhibit "A ", which is attached hereto and incorporated herein by reference. Section 2. Map The Official Whatcom County Zoning Ordinance map of the Chuckanut -Lake Samish Subarea is hereby amended as set forth in Exhibit "B ", which is attached hereto and incorporated herein by reference. Section 3. Validity Adjudication of invalidity of any of the sections, clauses, or provisions 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. Section 4. Scope Unless specifically amended by this ordinance all other terms and conditions of Title 20 shall remain in full force and effect. PASSED this 6th day of November , 1986. WHATCOM COUNTY COUNCIL r WHATCOM COUNTY, WASHINGTON ATTE : Clerk of the Council VED AS TO FORM: ivil Def�it'� Prosecuting Attorney lished 10/22/86 and s ordinance becomes effective z -- 10/8/86 WILLIAM P. ROEIII, VICE CHAIRMAN (✓S APPROVED L ( ) VETOED — K-L �4nL Shirley Van anten, xecutive 1- 1/12/86 11/17/86 1986. 1986. September 16, 1986 File Ref: ZT 9-86 WHATCON COUNTY PLANNING AGENCY RHPORT IN THE MATTER OF AMENDING TEXT AND MAP OF TITLE ) 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, ) FOR SECTION 20.97 DEFINITION OF PROFESSIONAL ) FINDINGS, REASONS OFFICES, SECTION 20.40 ADDING TEMPORARY DWELLING ) AND MOTION UNITS FOR MEDICAL REASONS AS A CONDITIONAL USE ) WITHIN THE AGRICULTURAL ZONE, SECTION 20.60 PARKING) REQUIREMENTS FOR NEIGHBORHOOD COMMERCIAL ZONES, ) AND THE CHUCKANUT -LAKE SAMISH ZONING MAP. ) WHEREAS, The Planning Department staff and the Bureau of Buildings and Code Administration has applied for zoning amendments to the Official Whatcom County Zoning Ordinance, Title 20, that would resolve certain administrative problems for permits currently under consideration; and WHEREAS, this amendment would not change the intent of the provisions in the Official Whatcom County toning Ordinance concerning professional offices, temporary dwelling unity for medical reasons, pat-king for neighborhood commercial zones; and WHEREAS, the intent of the adopted Chuckanut Lake Samish Comprehensive Plan would not be altered by amending the zoning map to exclude a portion of a certain parcel from the Forestry zone and place it within the Rural 6 acre zone; and WHEREAS, this amendment would simplify administration of Title 20 and benefit the public; and WHEREAS, pursuant to RCW 36.70.690, a legal notice was published in the Bellingham Herald on September 3, 1986; and WHEREAS, a determination of non - significance was made in the SEPA review; and WHEREAS, the Planning Commission held a public hearing on the proposal on September 16, 1986. NOW, THEREFORE, BE IT RESOLVED: Finding@ of Fact and Reegapns 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) as it pertains to these four amendments and further recommends)to the County Council the adoption of the proposed four A ndments to Title 20, an presented in Attachment A and B of Exhibit 1. 3. The Chairperson and Secretary are hereby directed to place their signatures on this document and transmit same, together with Exh. 1 to the County Council. Done and passed by a .7 -0 vote this 16th day of September, 1986. WHATCOM COUNTY PLANNING COMMISSION C2—'e� lPegg ton, Chairperson S�A� 4C -- pane E. Harper, ecr ary Attachment: Exhibit 1 - Planning Department Staff Report with Attached Amendment EXHIBIT I September 10, 1986 File Ref: ZT 9-86 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Planning Department and Bureau of Buildings and Coale Administration REQUEST: In order to simplify administration and remove unnecessary requirements of Title 20, the Official Whatcom County Zoning Ordinance, it is requested that amendments be made to Title 20 as shown in Exhibit A. These amendments resolve certain questions of interpretation that have arisen, correct some sections that were in contradiction to other sections, reorganize certain paragraphs so that the document is more consistent than before, and reword some confusing sentences. There is also one scribner's error on a zoning map that is requested to be corrected. LOCATION: The requested amendments will affect all districts in Whatcom County that are administered under Title 20. STATUTORY REQUIRL�NTS: Pursuant to RCW 36.'10.590, a legal notice was published in the Bellingham Herald on September 3, 1986. An environmental checklist has been submitted for SEPA review, and a determination of non - significance should be. received before these amendments are considered by the Council. 10GULATORY_EFFECTS OF THE REQUEST`: The effects would be to simplify the administration of Title 20 regulations and correct some errors. ANALYSIS AND EVALUATION: These proposed amendments have been compiled during 4 years of administering the provisions of Title 20. Both the housekeeping and substantive amendments have resulted from interactions with the public that have indicated deficiencies in the current version. Housekeeping Measures: The enactment of the housekeeping amendments would make administration simpler and more efficient and would eliminate certain confusions that the public experiences in complying with Title 20. Map Amendment: The proposed reap amendment corrects a line between Forestry and Rural designations incorrectly positioned on the Chuckanut -Lake Samish Zoning Map. It would make the portion of a parcel with an existing house subject to the provisions of the Rural zone rather than the Forestry zone as are its neighbors. The current line incorrectly followed lot boundary lines rather than the use line that analysis had indicated was appropriate. S[ARY OF FINDINGS: 1. The Planning Department and Bureau of Buildings and Codes are requesting amendments to Title 20 that would make administration easier, correct certain errors in text and map. 2. Statutory requirements have been met. 3. This amendment would simplify administration and be of benefit to the public without altering the overall intent of any zoning district or the protection of the public health, safety, or welfare. RECOMMENDATION: The Planning Department recommends adoption of the amendments as presented in Exhibit A. A Mn_fU-M Aee Chapter 20.40 .170 A manufactured home, a fully serviced travel trailer or motor home, to provide: .11 A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require_ daily supervision and care where such care is provided by members of the family who reside an the property; or, L21 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 J31 Such conditional use shall only be permitted on fully serviced parcels on which applicant can meet setback. ingress, egress. height restrictions, and lot coverage requirements; L41 The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with_ the_ standards set forth in (3) above; The temporary, home shall be connected to an approved water supply and adequate capacity sewa a disposal_ system; .61 When the need for daily care no longer becomes necessary, the temporary home shall be removed; L71 The permit shall be v_a_lned valid for a one -year period. Said permit pay be extended on a yearly basis provided that an affidavit is furnished by the permittee affirming that the circumstances rehnit'xmt allowing the original permit remain in effect. L81 A covenant shall be filed that restricts sale of the property while_ the temporary dwelling is in place. Chapter 20.60 .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 unless an overall site plan with landscaping is _flpllroved_ by the Zoning Administrator; and for corner lots, no parking or driveway shall be allowed between a store and the right -of- -way the store fronts. Chapter 20.97 .318 PROFESSIONAL OFFICE.. A room or group of rooms used to conduct the business of a profession, business, service, government or other organization, but excluding those uses which are primarily retail, wholesale or other than clerical irk nature that have offices as part of their operation. \_1 . 4- day of February, 1$86 Rty Planning Commission .t1UlrKHIVO 1, ISH SUBAREA ZONING DISTRICTS • ♦�..... . _ ....................... ..... LEGEND /F UR3 Urban Residential .3DU /Ac. TC UR4 -do- 4DU /Ac. R 5A ♦♦ Residential Rural RR 1 1 DU /Ac. R OS NC / RR2 2DU /Ac. R RR3 3DU /Ac. tl 22 F 2! / 1 24 ,J F / Rural �/ ROS s R2A 1DU /2Ac. ... j R5�A 1 DU/ 5Ac. RR 2 1p RR2 •r R10A 1DU /10Ac. poi Commercial RSA n �••, NC Neighborhood I. RO - ....................... _ i ,,........... TC Tourist F RR2 R5A ROS Recreation and Open Space F 3 3 ; 31 F Forestry R2 _ >•� T3?% Whatcom County Planning Dopartmant #6eopted this t" day of 114Y. 198111.0rdlnance No. 56-Z% Attest Clerk of the Colwell whatcoat County Coascll.wAatcos Co. 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