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HomeMy WebLinkAboutord1985-0161 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 DATE: March 7. 1985 INTRODUCED BY: Consent PROPOSED BY: Council ORDINANCE NO. 85 -16 AN ORDINANCE AMENDING THE RECREATIONAL POLICIES OF THE WHATCOM COUNTY 1970 COMPREHENSIVE LAND USE PLAN TO THE INTERIM ZONING ORDINANCE TEXT CREATING THE SEASONAL RECREATION RESIDENTIAL DISTRICT (SRR); AND TO THE 1970 COMPREHENSIVE PLAN AND INTERIM ZONING MAPS CHANGING THE PLAN DESIGNATION FROM "SUBURBAN" TO "RECREATIONAL" AND THE ZONE DISTRICT FROM "SUBURBAN RESIDENTIAL DISTRICT" (S 9.6) TO THE "SRR" DISTRICT FOR AN AREA COMMONLY KNOWN AS "SANDY POINT HEIGHTS" WHEREAS, the Whatcom County Council directed the Planning Commission to initiate a revision of the 1970 Comprehensive Plan and the Interim Zoning Ordinance to allow recreational vehicle usage for individual lot owners in the Sandy Point Heights Subdivision; and, WHEREAS, the majority of the Sandy Point Heights Subdivisio is not used for conventional built residential dwellings, however recreational vehicle usage has historically occurred in the .area; and, WHEREAS, a substantial number of property owners seek to use recreational vehicles on their individual lots and.the pro- posed amendments would not preclude conventional built residen- tial development; and., WHEREAS, the Whatcom County. Planning Commission had a hear- ing pursuant to RCW 36.70.390 and 36.70.590 wherein.legal notice was published in the Westside Record Journal and notices were mailed to all property owners as the Assessor's equalized tax rolls dated December 20, 1984 indicated, as well as owners of. property within 300 feet of the boundaries of said subdivision; and, WHEREAS, as a result of the hearing which was held by the Whatcbm County Planning Commission, they came up with some Findings, Reason and a Motion which are incorporated by reference ORDINANCE,- 1. I into this Ordinance as if fully set forth herein and are attache 2 to this Ordinance in Exhibit "A"; and, 3 WHEREAS, as a result of the Planning Commission's hearing, 4 a proposed new chapter to the Interim Zoning Ordinance was 5 drafted which is incorporated by reference into this Ordinance 6 and attached hereto as Exhibit "B "; and, .7 WHEREAS, as a result of the new text for the interim 8 zoning ordinance, a map was drafted amending the interim zoning 9 map which is incorporated by reference into this Ordinance and 10 attached to this Ordinance as Exhibit "C "; and, 11 WHEREAS, after reviewing the interim zoning ordinance as 12 well as the amendment to the interim zoning map, the Council 13 finds that they are in compliance with the.requests made by the 14 Council to the Planning Commission and indicate that they should 15 be adopted; 16 NOW, THEREFORE, BE IT ORDAINED that the interim zoning 17 ordinance shall be amended to include a new section which is 18 2.24.295 SRR (Seasonal Recreational Residential District) in 19 accordance with the proposal adopted by the Whatcom County 20 Planning Commission which is incorporated by reference herein 21 and is attached to this Ordinance as Exhibit "B "; 22 BE IT FURTHER ORDAINED that the Whatcom County Interim 23 Zoning Map shall be amended as requested by the Whatcom County 24 Planning Commission and by Exhibit "C ", which is attached to. 25 this ordinance; 26 BE IT FURTHER ORDAINED that the "Recreational" policies 27 'of the Whatcom County 1970 Comprehensive Land.Use Plan shall 28 be amended in accordance with the interim zoning text which 29 has been attached to this Ordinance as Exhibit "B" and the 1970 30 Comprehensive Plan Map shall be amended in accordance with 31 Exhibit "C" which has previously been incorporated.by reference 32 into this Ordinance. ORDINANCE -2. 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 March 1985. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON BY: q4-'e �+� WILLIAM P. ROEHL Council Chairman (of APPROVED ( ) VETOED BY: 01r.— � ' SHIRLEY VIN ZAN N, County Executive Date: March 22, 1985 ATTEST: CAROL EBERGSON Clerk of the Cou cil APPROVED AS TO FORM: RAND AL AT Deputy Pro a uting Attorney Published on March 13. 1985 and March 27, 1985 This ordinance becomes effective on April 1. 1985 ORDINANCE - 3. Exhibit "A" o Ord. # 85 -16 T t 1 F <' N 0011tii 'a ebrUary:l9,,,t9'8.5, File Ref: 7,MT 4 -84 , .. CMT 4=84:: 1 i, . WHATCO.M COUNTY AGENCY REPORT PLANNING COMMISSION RESOLUTION IN THE MATTER OF RECOMMENDING AN AMENDMENT TO THE "RECREATIONAL" POLICIES OF THE WHATCOM COUNTY 1.970 COMPREHENSIVE LAND USE PLAN; TO THE INTERIM ZONING ORDINANCE TEXT CREATING THE "SEASONAL RECREATION RESIDENTIAL DISTRICT" (SRR); AND TO THE 1970 COMPREHENSIVE PLAN AND INTERIM ZONE MAPS CHANGING THE PLAN DESIGNATION FROM "SUBURBAN" TO "RECREATIONAL" AND* THE ZONE DISTRICT FROM "SUBURBAN RESIDENTIAL DISTRICT (S9.6)" TO THE "SRRrr DISTRICT FOR AN AREA COMMONLY KNOWN AS SANDY POINT HEIGHTS. FINDINGS, REASONS AND MOTION WHEREAS, Whatcom County Council directed the Planning Commission to initiate a revision in the 1970 Comprehensive Plan and the Interim Zoning Ordinance to' allow recreational vehicle usage for individual lot .owners in the Sandy Point Heights subdivision; and WHEREAS, the majority. of the Sandy Point Heights subdivision is not used for conventional built residential dwellings, however, recreational vehicle usage has historically occurred in the. area, and whereas, a substantial number of property owners seek to use recreational vehicles on their individual lots; and the proposed amendments would not preclude conventional. built residential: development; and WHEREAS, a text revision to the "Recreational" policies of the 1970 Comprehensive Plan, a text amendment to the Interim Zoning Ordinance creating a "Seasonal Recreation Residential (SRR) District" and a map amendment to the Comprehensive Plan and Interim Zoning Ordinance to apply the "Recreational" plan designation and SRR zone district to the Sandy Point Heights area has been prepared by the Planning Department for a public hearing before the Planning Commission (see Attachments A, B & C of Exhibit 11111); and WHEREAS, pursuant to RCW 36.7.0.390 and 36.70.590, legal: notice was ,published in the Westside Record- Journal on Wednesday, January 2, 1985, and notices were mailed to all property owners, as of the Assessor's equalized tax rolls dated December 20, 1984, within the Sandy Point Heights and Sandy,;Poipt Arms subditisions as well as owners of property within 300 feet of the boundaries of shid's•ubdivisions; and WHEREAS, a Declaration of Nonsigisfiicanee was - issued on January 9, 1985, by the Whatcom County SEPA official; and WHF'REAS;,Ahe Planning De drtm'ent. prepared a staff report dated January 10, 1985, wherein reeommendation's�for approval were m ade.(see; Ekbibit:!? 1.11);, and:, :,iioies WHEREAS, the Planning, gom�missiion held. a;!public ; heaving ; on-;tfie : requests. on,; ; t January 15, 1985,' and left 'the , recor& open, until January::25; 1.985y� ito receive additional written testimony, and whereas,; the majority,. of testimony ,,received was in support of said amendments; and WHEREAS, consideration of public testimony by the Planning Commission has resulted in amendments to the proposed zone text pertaining to time limits for recreational. vehicle use as an accessory use (proposed Section 2.24.295.103), standards for initiating a recreational vehicle subdivision conditional use permit (proposed Section 9.24.295.153), and standards for neighborhood grocery stores (proposed Section 2.24. 9,95.155) and have been incorporated into said zone text per Exhibit 11211; and WHEREAS, a work session was held on January 29, 1985, wherein the Planning Commission reviewed the public testimony and generally concurs with the findings and recommendations with the Planning Department staff report and the proposed SRR zoned district, as amended; NOW, THEREFORE, BE IT RESOLVED: Findings of Fact and Reasons for Action: 1. That a quorum of Commission members was present during the hearing. ?. That the Commission adopts the findings and recommendations of the Planning Department staff report subject to proposed revisions to the "Seasonal Recreation Residential District," Sections 2.24.295.103, .153 and .155 (see Exhibit 11211). 3. That the Commission finds that Sandy Point Heights is not a predominately residential area intended for predominately residential usage. The Commission further finds that the sewer connection concerns of the .Lummi Tribal Council /sanitation. requirements for recreational vehicle usage on individual lots can be addressed by the conditional use permit process. 4. That a majority of Planning Commission members accepts and recommends to the County Council adoption of the proposed text and map amendments to the 1.970 Comprehensive Plan and map amendment to the Interim Zoning Ordinance, and accepts and recommends for adoption by the County Council the proposed text amendment, as revised, to the Interim Toning Ordinance. 5. That the Chairman and Secretary are hereby directed to place their signatures on this document, and to transmit the same together with aforementioned Exhibits 1 and 2 to the County Council. Done and passed by majority vote this 19th day of February, 1.985. WHATCOM COUNTY PLANNING COMMISSION airman Secretary Attachments Exhibit 1. - Planning Department Staff Report Attachments A - proposed Amendment to. 1970 Comprehensive Plan Text /Recreational Policies B - Proposed Amendment to Interim Zoning Ordinance Text/SRR District C - Proposed Comprehensive Plan Map and Interim Zoning Map Amendments D - Amendment to Sandy Point Restrictive Covenants Exhibit 2 - Planning Commission revised draft of the SRR District March ?1, 1985 county council Revised Draft (PROPOSED NEW CHAP"FR TO INTERIM ZONING ORDINANCE) 1 2.24.295 SRR SEASONAL RECREATION RFSIDENTIAL .DISTR.ICT 2 3 .010 PURPOSE 4 The purpose of the Seasonal Recreation Residential District is to provide land 5 areas which, through natural and locational attributes, are intended. for the 6 occasional or seasonal use. of dwellings and other facilities to be used on a 7 recreational- oriented basis. The District shall be located and implemented 8 consistent with the goals, objectives and policies of the Comprehensive Plan, 9 recognizing the limited availability of public services. The District shall 10 encourage the type of low - densitv development which can maintain the natural 11 attributes of an area and promotes open space, conservation of environmentally 12 sensitive areas and avoidance of hazardous areas. 13 14 .050 PERMITTED 17SR13 15 .051 One single - family dwelling per lot. 16 17 :652 One reereat4enal• vehk4e spaee per 4et prev4Aed the +et 48 within a 18 sub44iv44on approved for reereatienat vehk a Usage pursuant to 19 Seetien M4:A65:458. 20 21 .0582 Neighborhood and other day -use parks reserved primarily for outdoor 22 recreation or open space use for nonmotorized activities. 23 24 .0543 Private noncommercial boat docks, launches, ramps, floats, moorages 25 and boathouses pursuant to the Whatcom county Shoreline Management 26 Program. 27 28 .1.00 ACCESSORY USES 29 .101 Restrooms, picnic shelters, too] and equipment storage and similar 30 buildings normally associated with low - density park and beach 31 development. 32 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 .102 Garages, carports, detached buildings for the storage of home garden equipment, home workshops, home greenhouses and other uses normally accessory to residential uses. 103 For +ets developed with singe- €ami+y residences; a reerea€+ena+ vehiele Inay be eeeupfed by guests net to exceed a single 490 consecutive clay period riming a ea+endar year. A recreational vehicle may temporarily occupy a lot developed with a single - family residence provided the occupancy is limited to a single time period which does not exceed 120 continuous days during a calendar year. Such uses shall be in compliance with appropriate Health Department requirements. .104 Home occupations consistent with the following requirements:. (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 05 %1 of the useable 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 offstreet 2 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 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 electical interference detectable to the normal senses off the lot 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 .created visual or audible interference in any radio or television receivers off the premises or causes fluctuation in line voltage off the premises. .150 CONDITIONAL USES .151 Recreational vehicle park .152 Mobile home park .153 Recreational vehicle subdivisions, including new or existing subdivisions or portions thereof, containing three or more contiguous lots that are intended to be occupied by recreational vehicles. To initiate a conditional use permit request, the applicant must submit a reap del•rneatfng the geographie area of the sugdiviiien Intended for the proposed reerea4enal• vehiele usage petition indicating more than 50% of the lot owners of the entire subdivision support the request. In addition, n map shall be submitted which delineates a harmonious geographic area which can he developed for RV purposes while protecting against incompatible impacts to the existing conventional built subdivision..) egal notice will be sent to persons owning property within 300 feet of the subject area. 3 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 32 154 Campgrounds and other recreation facilities. .155 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 he 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) pump islands; and where appropriate, propane dispensing and holding tank disposal may be provided; (4) minor auto repairs may he provided; however, engine overhaul, body and fender work, tire recapping and vehicle sales are prohibited; (5) hours of operation shall he 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 he designed and installed to prevent the illumination of adjacent properties; however, lighting for security purposes may 4 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 be used after business hours if such lighting is consistent with the above statement. fal not more than two (7) identification signs, not exceeding forty (40) square feet in area from 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. .156 Coin- operated laundry 157 Real estate office used for promotion and sales of a recreational or residential development, provided the office is located on the site of the development. .158 Community halls, and public and quasi- public facilities, including but not limited to churches, fire stations and substations. .200 PROH18i,rED USES All other uses. 250 MAXIMUM DENSITY, MINIMIJM LOT SI7,F AND WIDTH 251 For the purpose of creating new building lots within the Seasonal Occupancy Residential- Recreational 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 5 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 whether or not public sewer, water, and where identified by the appropriate Comprehensive Plan policies, stormwater collection and retention facilities serve the aroiect site. Where the conventional method is used to create new building lots, the minimum lot size shall be one (1) acre; or, if public sewer or water, and where specified by the Comprehensive plan, stormwater drainage facilities are provided, the minimum lot size shall be 1.9,000 square feet; or, if public sewer and water, and where specified by the Comprehensive plan, stormwater drainage facilities are provided, the minimum lot size shall be 1.2,000 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 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 6,000 square f eet. .?52 Maximum Densitv and Minimum Lot Size - General MIN. RF,SERVF. GROSS MINIMUM LO'r SI7.F DISTRICT DENSITY CONVENTIONAL /CLUSTRR SRR without 1 dwelling unit/ 1. acre 1 acre public sewer t acre and water SRR with public sewer or water and collection and retention facilities where identified by the appropriate Compre- hensive Plan policies SRR with public sewer and water collection and retention facilities where identified by the anpropriate Comprehensive Plan policies 2 dwelling units/ 18,000 15,000 1 arse sq. ft, sq. ft. 3 dwelling units/ 12,000 6,000 1 acre sq. ft. sq. ft. 6 AREA (CLUSTER 0% 10% 40% 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 .253 Maximum Density and Minimum Lot Size - Specific Uses (1) Mobile home parks shall have a maximum density of seven (7) lease spaces per acre where public water and sewer is provided and three (3) lease spaces per acre when public water or sewer or no public services are used. The minimum net parcel size for a mobile home park is two acres. (2) Recreational vehicle parks shall have a maximum density of fifteen 115) lease spaces per acre when public water and sewer is provided and seven (7) lease spaces per acre when public water or sewer or no public services are used. The minimum net parcel size for a recreational vehicle park is two acres. (3) Tent camping facilities shall provide a maximum density of eight (8) camp sites per acre. The minimum net parcel is two acres. .254 Minimum Lot Width and Depth DISTRICT SRR without public sewer and water SR.R with public sewer and water and stormwater collection and retention facilities where identified by the appropriate ' subarea Comprehensive Plan policies 3 units per acre WIDTH AT STRFF,T LINE WIDTH AT CONVENTIONAL /CLUSTER. BLDG. LINE 30' 30.' 80' 30' 30' 60' 7 MINIMUM MFAN DF,PTH 1.00' 80' 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 a1 32 300 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. 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: (11 Clustered building lots m av be only created through the subdivision or short subdivision process. (21 Ruilding lots should be designed and located to the fullest extent possible to he 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 op concentrated pattern to he 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 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. (41 Common access to clustered building lots should he 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. A 1 .320 Reserve Tract 2 3 For the purposes of this Section, "reserve tract" is defined as that 4 portion of a proposed subdivision or short subdivision which is intended 5 for agricultural, forestry, open space or future development purposes. 6 All "reserve tract" created through the subdivision process shall be 7 subject to the following provisions- 8 9 (1) After a site is initially subdivided pursuant to this Chapter, the 10 "reserve tract" may be. retained by the subdivider, conveyed to 11 residents of the subdivision or conveyed to a third party. 12 13 (2) The "reserve tract" may he considered as a building lot, provided 14 that such lot is included in the overall density calculation of the 15 original parcel of record. 16 17 (3) The "reserve tract" shall not he further subdivided until such 18 time that the District is changed to another district which would 19 permit a greater density or until each "reserve tract" is eligible 20 for review and consideration for other uses and densities, 21 consistent with the Whatcom. County Planning Process and 22 Comprehensive Plan revision or policies. 23 24 (4) The purpose of the reserve tract as stated in Section 3209 25 Paragraph 1, 2 and 3 shall be communicated in writing on the 26 face of the plat or short plat. The number of developable 27 building sites remaining (if any) with the original parcel of 28 record, based on the assigned density, shall also be prominently 29 displayed on the plat or short plat. Whatcom County shall make 30 every effort to assist all agents in communicating clearly such 31 information to all purchasers and prospective purchasers of 32 building lots or "reserve lots." 9 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 (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 Interim Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. 1 .350 BUILDING SETBACKS 351 .Front yard setbacks shall be twenty -five (25) feet from the Front property line. 352 Side and rear yard setback shall he five (5) feet from the rear property line. .353 In addition to the front yard setback of Section 2.24.295.351., side and rear yard setbacks for mobile home parks shall be twenty (20) feet from the property line. .354 Setbacks for recreational vehicle parks and campgrounds shall be consistent with Sections 2.24.295051, .352 and :552. .355 Setbacks shall be increased to one hundred (100) feet from any property line which is situated adiacent to Forestry zone district. .400 HEIGHT LIMITATIONS Maximum height shall be limited to two and one -half (2 1/2) stories or thirty - five (35) feet, whichever is less. 10 1 2 3 4 51 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 .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. .500 OPEN SPACF 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. F50 BUFFER AREA AND LANDSCAPING .55t Along the edges of mobile home parks, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise or other off -site influences, or to protect occupants of adjoining property from potentially adverse influences within the mobile home park. In particular, extensive off- street parking areas and service areas for loading and unloading other than passenger vehicles, and for storage and collection of trash and garbage, shall be screened. .552 A thirty (30) -foot landscaped buffer area or. screening composed of suitable native vegetation shall be nlaced around all storage areas and at all perimeters of any recreational vehicle park or campground. The purpose of said buffer is to protect on a year -round basis the adjacent property or roadways from unsightliness, visual distraction and /or noise impacts. Perimeter buffers shall he supplemented by a fence or other device where trespass is a potential problem: No. structures, development or other activities shall occur within any buffer areas, provided that trails may be located within those buffer areas which are at least fifty (50) feet in width. 11 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 .600 SIGNS .651 On- premises signs may be allowed in connection with any permitted, accessory or conditional use subject to the following provisions: (1) One free - standing sign for each road frontage, not to exceed six (6) feet in height; surface area of such sign shall not exceed twenty -four (24) square feet. (211 One wall sign for each permitted and conditional use building, not to exceed twenty -four f24) square feet. .652 General Standards: (1) Signs must be nonmoving,, nonfluttering, nonrotating, and may only be illuminated by external source such as spotlight. said lighting shall be properly shielded to prevent direct light and glare to adjacent roads and property. (2). Free- standing sign setbacks shall be at least twenty (20) feet. from the property line. .663 Sign Control F,xemptions: Exemptions shall be as provided in Section 2.24.600.6.30. .654 All other signs not permitted by these regulations may be conditionally permitted subject to meeting the requirements of Section 1.24.660.610. 12 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 .650 DEVELOPMENT STANDARDS 951 plat Language for Proposed Subdivisions: Where a proposed subdivision or short subdivision will be located adjacent to or across a right- of -wav 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 run with the land. Said covenant or deed restriction may be removed by submission to and approved 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. .65? Parking Requirements: Parking shall conform to the requirements of Section 2.24.620. However, recreation vehicles, and boat parking and storage shall he limited to side and rear yard areas for parcels developed with single - family residences. 13 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 32 651 Livestock Regulations: (1) One livestock unity 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. t x(31 Lots exceeding one (]) 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 nondom estic, fur - bearing animals shall be .prohibited. (5) All livestock units shall be confined to the building lot or parcel unless otherwise provided. .654 The following are specific standards for recreational and mobile home parks and recreational vehicle subdivisions as provided in Rections 2.24.295.151., .1.52 and .153. (]) An organization or individual with proper funding to maintain common facilities and operate the parks shall be provided; (2) On -site recreational amenities with at least one substantial facility serving the users of a park or identified area. Such substantial facilities may include tennis' courts, children's play 14 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 area with equipment or a swimming pool. The type and size of facility shall be appropriate to the type and amount of clientele . being served; (3) All recreational vehicle subdivisions shall comply with the Health Department's Recreational Vehicle Park and Subdivision Regulations.; (4) Maximum length . of stay in a recreational vehicle park or subdivision shall not exceed 1.80 days for any one year time period; and (5) Interior roads within mobile home and recreational vehicle parks .shall be private. This does not preclude the development of public roads where necessary as determined by the County Engineer. (6) For each mobile home space there shall he provided and maintained at least two parking spaces conforming with zoning ordinance requirements. In addition to occupant parking, guest and service parking shalj be provided with the boundaries of the park at a ratio of one parking space for each two mobile home spaces. (7) There shall be a minimum of ten (10) feet of separation maintained between all mobile homes on the site. Accessory structures maybe located no closer than ten (10) feet to any mobile-home or five (5) feet to other accessory structures. (8) There shall. be landscaping developed consistent with Section 2.24.ROO.R51 within open areas of the mobile home and recreational vehicle parks not otherwise used for park 19 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 purposes. Such open areas and landscaping shall be continually and properly maintained. (9) Rach rental space shall be numbered. (10) Storage areas shall be provided for mobile home parks and may be provided for recreational vehicle parks and subdivisions. 1R �4N0 1 ,,, +s A i S J (9.6) ATTACHMENT C 0 wv i RF 7e t ii a i• �f r t - �• • 7t �- if • t r ie i t �,a • u n u -. . • • a [i �. 1 OR ., f • so 'Subject Site ;'P � �� - ........................ • • 7f I • , • r� • f f 75 40.0 3 r o f f • ass gap � �• • • e ' 7e �7 71 �. �� r r f • IPJT YMP. CO. OR ICE -� � • AG 77 ��yi T 6 ,y e f r • f 11.2.2 7-/; no f ~ ~YPae • r • �� i0'Av a °acv• 6 • ,r ` v V OT S_ i A11A V L4ND ' 8 Z Zonin S(9.6) RF AG ZMT 4 -84 CMT 4 -84 g Designations - Suburban (960010 ) lot - Rural Farm - Agriculture Zoning boundary LUMM/ BAY 0 - EXHIBIT 1 January 1.0, 1985 File Ref: AMT 4 -84 CMT 4 -84 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Whatcom County Council, 311 Grand Avenue, Bellingham, WA 98225. RFOUF.ST AND PENDING DEVELOPMENT: The Whatcom County council adopted a motion on Auvust 2; 1.984, directing the Planning Commission "TO initiate the process to develop a new zoning district to the Interim Zoning Ordinance and the appropriate comprehensive plan text and map amendments to allow recreational vehicle usage for property owners in the area commonly known as the Sandy Point Heights subdivision..." Pursuant to this direction, Planning Department staff has prepared text amendments to the "Recreation ". designation of the 1970 Comprehensive Plan and the Interim Zoning Ordinance (see. attachments A and B, respectively, for complete text). The comprehensive plan amendment would add text. to apply the "Recreational" designation in areas where public and private recreational- oriented developments are intended and a set of l.ocational criteria where the designation could be applied. The zoning text amendment would create a new zone district entitled, "Seasonal Recreation Residential District" (SRR.). This district established provisions for permitted, accessory and conditional uses; maximum density, minimum. lot size and width; lot clustering and reserve tracts; building setbacks; height limitiations; lot coverage; open space; buffer area and landscaping; signs; and development standards. In addition to these text amendments, the request includes a comprehensive plan map and Interim zoning map amendments for the area commonly known as the Sandy Point Heights subdivision (see Attachment C). The comprehensive plan amendment would be from "Suburban" to "Recreational," while the zone amendment would be from "Suburban Residential District" (59.6) to the SRR District. It is anticipated that, if approved, lot owners of all or part of the Sandy Point Heights plat would apply for a conditional use in order to allow for recreational vehicle usage on individual lots. LOCATION: Sandy Point Heights subdivision is generally located at and around the intersection of Lake Terrell and North Red River roads, about three - quarters of a mile south of the Slater Road on the Lummi Indian Reservation. STA'T'UTORY REQUIREMENTS: Legal Notice: Pursuant to RCW 36.70.390 and .590, a .legal notice was published in the Westside Record- Journal on Wednesday, January 2, 1.985. In addition, notices were mailed on January 2nd to property owners of lots within the Sandy Point Heights and Sandy Point Arms subdivisions, as well as owners of property' within 300 feet of the boundaries of these subdivisions. Property owners' names were taken from the Assessor's equalized tax rolls as of December 20, 1.984. Further, a notice and copies of the proposed text and map amendments were mailed to the Lummi Tribe. -1- SEPA Requirements: An Environmental Checklist was submitted to the SEPA official on January 4, 1985. A Declaration of Nonsignificance was issued on January 9, 1985. REGULATORY EFFECTS OF THE REQUEST: The zone change from 59.6 to SRR for the Sandy Point Heights subdivision would result in the following general changes: 1. Permitted uses would include day -use parks and non - commercial docks (which are conditionally allowed in the SQ.6 zone district). 2. Agricultural activities would be de- emphasized since the new zone does not address barns, silos, animal shelters, manure paddocks and compost heaps as accessory uses; produce stands to. sell agricultural products raised on the property as temporary use; floor area standards for livestock, small animals, and fowl, and quantity standards for small animals and fowl; grazing setbacks; and manure storage standards. 3. Minimum lot size for large animals would be reduced from one to one -half acre. 4. Several uses currently conditionally. permitted would change status: non- commercial docks would be permitted;. private swimming pools would be accessory; and private kennels and home occupations employing up to two individuals outside the immediate family would be omitted. 5. Although neighborhood grocery stores are conditionally permitted in the 59.6 and SRR zone districts, the amendment would expand the potential size of a store from 1,250 square feet to 2,500 square feet and would establish additional standards concerning number of pumps, allowance of minor auto repair, hours of operation, building height, location of the store; internal lighting and identification signs. 6'. Several new conditional uses would be allowed: recreational and mobile home parks, recreational vehicle subdivisions, campgrounds, coin - operated laundry and an on -site real estate office which is part of the development. Development standards would also be established for mobile home and recreational vehicle parks, and recreational vehicle subdivisions. These standards include establishment of a proper organization and on -site recreational facilities for the three uses; maximum length of stay for recreational vehicle parks and subdivisions; private roads, landscaping and rental space numbering for mobile home and recreational vehicle parks; and parking, storage areas and mobile home separation for mobile home parks; and compliance with Health Department regulations for recreational vehicle subdivisions. 7. Minimum lot size for the Gandy Point Heights area would increase from 9,600 square feet to 12,000 square feet, and minimum lot width and depth standards would be reduced. Minimum lot width at the street line would be reduced from 35 feet to 30 feet and at building line from 70 feet for 60 feet. Minimum lot depth would be reduced from 1.00 feet to 80 feet. 8. The new, zone district would allow for lot clustering with lot sizes at 6,000 square feet where sewer and water are available; minimum building setbacks would be reduced as follows: front yard - 30 feet to 20 feet; side yard (both yards total) - 15 feet to 10 feet; rear yard - 25 feet to 5 feet. -2- 9. Minimum separation requirements for accessory structures would be reduced from 10 feet to 6 feet (Uniform Building Code requirements). 10. View protection standards would be omitted. 11. Unbuildable land, grading and water course standards would be omitted although recently adopted Development Standards and SEPA process can address the issues of the land, grading and water course standards. EXISTING CONDITIONS: Land Use: The site's generalized existing land use on a lot basis is as follows: 388 (100 %) Total lots 264 (68 %) Vacant lots 34 (9 %) Lots with single family dwellings 88 (23 %) Lots with mobile homes and vacation cabins 1 ( - %) Lot classified as having a storage service 1 ( - %) Lot is a well site A certain number of these lots have also been used for recreational vehicle use. Lot sizes for the entire subdivision varies between. 7,200 to slightly over 10,000 square feet. Adjacent land use includes open land to the north, east and west; golf course, clubhouse and Sandy Point Arm subdivision to the southeast; and Lummi Bay to the south. The site is currently zoned Suburban Residential District (59.6) and is designated Suburban on the 1.970 Comprehensive Plan. Adjacent zoning includes the Rural Farm (RF) and S9.6 districts to the north, the Agriculture and RF districts to the east, and 59.6 District to the southeast and west. The 1 -970 Comprehensive Plan designation adjacent to the site include Suburban and Potential Suburban to the north, Potential Suburban and Agriculture to the east, and Suburban to the southeast and west. The site's south boundary is designated Conservancy by the Whatcom County Shoreline Program. Services: Sewer lines provided by the Lummi Tribal Sewer District extends to portions of Sandy Point Heights. According to Tom McGurr, Manager, capacity is available for additional connections, and recreational vehicles on individual lots can connect to the system. Water service is provided by the Sandy Point Improvement Company. According to the Department of Social and Health Service's "Public Water Supply Listing," the system has capacity for 1.74 additional connections with present facilities. Environmental: 1. Soils: According to the U.S. Soil Conservation District's preliminary soils survey, the soils on the site are Birch Bay silt loam, 0 -3%, 3 -8% and 8 -15 %; and Whitehorn silt loam, 0 -2 %. These soils are rated as having severe constraints for septic tank usage, and all but the Whitehorn soil is considered a. poor filter and groundwater may be subject to contamination as a result of septic tank use. 2. Groundwater: According. to the U.S. Geological. Survey data, water availability from groundwater on the Lummi Reservation is variable from -3- low to high yield. The area of high groundwater yield may be subject to salt water intrusion if an excessive quantity of water is withdrawn from the aquif ers. 3. Transportation: The site is served by Lake Terrell Road and North Red River Road. ANALYSIS AND EVALUATION: Whatcom County received a zone text amendment in 1981. to allow recreational vehicle as a temporary use for individual property owners in the 59.6 District. The reason for the request was that there had been an ongoing use of recreational vehicles on individual lots. It was discovered that at the time of the public hearing, the restrictive covenants would still prohibit the use of recreational vehicles at Sandy Point Heights. In addition, there were concerns about the proposed amendment's impact to other areas also zoned 59.6. As a result, the Planning Commission took no action on the request. Since that time, the restrictive covenant has been amended to allow recreational vehicle use for individual property owners (see Attachment D for copy of said amendment to the restrictive covenant). The subject request involves four separate actions: two actions involve the adoption of the comprehensive plan and Interim Zoning Ordinance text changes and the other two actions are the adoption of these revised plan and zoning provisions to the Sandy Point Heights area. The comprehensive plan text amendment would recognize private recreational development currently not addressed by the 1.970 Comprehensive Plan on a county -wide basis. In addition, the text amendment also establishes county. policy as to where the designation should be applied. The SRR zone district is a text amendment to the Interim 7oning Ordinance to recognize lower density recreational facilities as a distinct form of development. The current ordinance does not provide a district and specific standards to encourage this type of development on its own basis, although other districts do allow various uses proposed by this new zone district. It should be noted that two revisions to the propsed district could be made concerning the proposed requirements for neighborhood grocery stores. First, the standard for two gas pumps should be revised to two pump islands to reflect current development practices. Second, additional wording should be inserted to allow propane dispensing and, where appropriate, holding tank disposal. This would allow the provision of services normally expected in stores located in a recreational area. For this particular request, the map amendments are of substantially greater consideration than the text amendments since they would apply the text amendments to Sandy Point Heights. The comprehensive plan map amendment would comply with the Recreational locational policies since it would be applied in an area of attractive visual amenities and within close proximity to a recreational. resource. The plan amendment would also generally recognize recreationally- oriented activities which have historically occurred in the area. Although the plan amendment would not diminish the opportunity of single- family development, it would emphasize and legitimize the recreational aspects of Sandy Point Heights. However, the key element in making the appropriate decision rests with public hearing input from property owners to ascertain whether a clear majority of the community supports Sandy Point Heights to be recognized as a combined recreational and residential area. The zoning map amendment can be considered if it conforms to the comprehensive plan, a changed circumstance has occurred and it serves the public interest. If the comprehensive plan text and map amendments are adopted, the zoning map amendment would implement and be consistent with the comprehensive plan since the zoning -4- amendment would establish a recreational - oriented district. The amendment of the covenant to allow recreational vehicle use by individual property owners is a changed circumstance since the original text amendment reviewed by the Planning Commission in 1.981. Serving the public interest can also be achieved by the amendment. As previously mentioned, the primary outcome of this map amendment would be the application for a conditional use to use recreational vehicles on individual lots. Other uses such as recreational vehicle and mobile home park, or neighborhood grocery stores are not anticipated because of the location, parcelization and present land use for the area. The zoning amendment would then legitimize a use which has historically been conducted in the area. As a prohibited use, recreational vehicles have created a number of problems. In addition, recreational vehicle use on individual lots can create other potential impacts. These problems and potential impacts include administrative enforcement, waste treatment, service provisions and compatibility. Administrative Enforcement: There are two enforcement concerns related to recreational vehicle use on individual lots. From the zoning perspective, it is difficult to determine the length of time a vehicle is used when it is also stored on the site. The other enforcement concern pertains to the transitory nature of recreational vehicles. To place a recreational vehicle. on a site does not require any building and /or plumbing permit. Further, a vehicle may be parked and removed at any time. The ability of code enforcement people (zoning and health) to know when recreational vehicles are used on individual lots and ensure code compliance is difficult. If a violation is reported, it is difficult to investigate the situation when a vehicle can be easily moved. These potential problems can be reduced with the proposed rezone since an individual or organization with authority would be responsible for conditional use permit .compliance. This would establish a form of self = policing by lot owners. Also, the conditional use permit establishes a basis to discontinue the use by the County if violations continue to persist. Waste Treatment: The three methods of waste treatment for recreational vehicles at Sandy Point Heights are holding tank, septics and sewers. The limitations with these three alternatives are that holding tanks have limited capacity, septic systems may not be feasible on individual lots because of the area's soils and sewers are not extended throughout the plat. Further, present Health. Department regulations for sanitation on individual lots are not designed to address recreational vehicles on individual lots and are not even applied to "weekenders" for practical reasons. Currently, although not excessive, there have been reports of illegal draining of holding tanks. In addition, the Health Department is concerned that there is a greater potential for sanitation problems if chemical toilets are relied upon for extended periods of time. To address this issue, the rezone would require recreational subdivisions to comply with the Health Department's Recreational Vehicle Park and Subdivision Ordinance. This regulation establishes requirements on plans and specifications, water supply, sewage disposal, including the provision of dump stations where needed, and operation and maintenance. It is the Health Department's observation that violations of their code are reduced if proper facilities are provided. Service Provisions: The proposal's potential impact on all services is expected to be similar to present zoning requirements since the number of developable lots and -5- anticipated uses (in terms of impacts) are generally unchanged. The short -term probable impact on certain services such as water, sewer and transportation might be increased by the zone change since allowing recreational vehicles would. increase the useability of a lot. Further, traffic patterns would likely be different for recreational vehicle use than for single family residences. Recreational vehicle uses would be expected to encourage more summertime traffic with emphasis on weekends. This situation is not anticipated to create significant impacts on road capacities. Compatibility One important issue concerning homeowners in the area is the degree of compatibility between recreational vehicle use on individual lots and single - family conventional living: Such potential problems as noise, on -site vehicle storage, renting of lots, light and glare, tent camping, etc. may create conflicts. As proposed, the rezone would allow recreational vehicle usage on individual lots only after those lot owners have obtained a conditional use permit with an appropriate organization to manage the use activity. Many of these compatibility issues can be addressed through the conditional use process, particularly where a designated organization is responsible for ensuring condition compliance. Based on these considerations, the proposed rezone would address the significant public interest issues associated with recreational vehicle usage through the conditional use permit process. Further, the rezone would still allow residential development to take place as a permitted use. SUMMARY OF FINDINGS: A. Whatcom County Council directed the Planning Commission to initiate a revision in the 1970 Comprehensive Plan and the Interim Zoning Ordinance to allow recreational vehicle usage for individual lot owners. B. A text revision to the "Recreational' designation policies of the 1970 Comprehensive Plan, a text amendment to the Interim Zoning Ordinance to establish the "Seasonal Recreation Residential (SRR) District" and a Comprehensive Plan and Interim Zoning map amendments to apply the "Recreational" designation and SRR zone to the Sandy Point Heights area has been prepared by the Planning Department for a public hearing before the Planning Commission. The present comprehensive plan designation and zoning for the area is "Suburban" and "Suburban Residential District" (59.6), respectively. C. The public. hearing has been duly advertised with legal notice appearing in the Westside Record- Journal and notice being sent. to property. owners. A Declaration of Nonsignificance has been issued. D. The zone change from 59.6 to SRR would involve changes concerning _permitted uses; conditional uses; minimum lot size, width and depth; lot clustering; and minimum building. separation, livestock, view; unbuildable land, grading and water course standards. E. The proposed zone change would require approval of a conditional use permit before recreational vehicles would be allowed on individual lots. In addition, certain standards related to management, recreational facilities, length of stay and the Health Department's Recreation Vehicle Park and Subdivision Ordinance are established. -6- F. A previous request was made in 1981 but was not acted upon by the County because of conflicts with restrictive covenants in affect at the time. Since then, the covenants have been amended to allow recreational vehicle use for individual lot owners. G. Sandy Point Heights is primarily composed of vacant lots with 32% of the total lots devoted to conventional single - family dwellings, mobile homes and vacation cabins. In addition, recreational vehicles have historically been used on individual lots. Lot sizes range from 7,200 to over 10,000 square feet. Adjacent land use is primarily open land with a subdivision and recreational amenities located southeast of the site. H. Soils are rated as having severe constraints for septic tank operation. I. Groundwater yields vary from low to high with potential for seawater intrusion. J. Holding tanks can be used on individual recreational vehicles where sewers are not installed and septic tanks not feasible. For longer time periods, use of holding tanks may increase the potential of Health Department violations. However, the requirement to comply with Health Department standards is expected to reduce this potential. K. Since 1981, the restrictive covenants for Sandy Point Heights have been amended to allow recreational vehicle use for individual lot owners. L. Sewer and water services are provided by Lummi Tribal Sewer District and Sandy Point Improvement Companv, respectively. Sewer lines serve only a portion of Sandy Point Heights. Capacity is available for each service and the zone change would not have a substantial change on the potential impacts to each service. M. Recreational vehicle use on individual lots can create certain enforcement problems. However, many of these problems would be addressed by requiring the establishment of a responsible individual or organization and the conditional use permit requirements. N. The zone change's potential impact on roads would not change, but short - term probable impacts may increase and would likely generate a different type of traffic pattern. Some of these short -term impacts, if found significant, could be addressed through the conditional use permit process. O. Allowing recreational vehicle uses on individuals may create compatibility problems. However, the. conditional use permit requirements can address many of these issues. P. The comprehensive plan text amendment would expand the "Recreational" designation to recognize a form of development not currently addressed by the 1.970 Comprehensive Plan. In addition, the amendment would establish locational policies to determine the appropriate application of the designation. Q. The text amendment to the Interim Zoning Ordinance would establish a new district which addresses a category of land use activities as a distinct form of development not currently provided for in the ordinance. -7- R. To make the proposed neighborhood grocery conditional use activity more consistent with the intent of the district, two text revisions should be made. S. The comprehensive plan map amendment would comply with the proposed Recreational location policies and would recognize recreational activities which have historically occurred in the area. '►'. The Interim Zoning map amendment would be consistent with the comprehensive plan as amended, a changed circumstance has occurred since 1981, and the public welfare can be achieved by minimizing recreational vehicle use impacts on individual lots. CONCLUSIONS AND RECOMMENDATIONS: Notwithstanding public testimony and subject to the suggested zoning revisions for neighborhood grocery stores, the Planning Department recommends approval of the proposed Comprehensive Plan text and map amendments, and Interim Zoning text and map amendments. ATTACHMENT A PROPOSED AMENDMENT TO WHATCOM COUNTY 1970 COMPREHENSIVE. PLAN RECREATIONAL The Comprehensive Plan incorporates the 1.965 Outdoor Recreation Plan for Whatcom County as a special subject element. However, it is contemplated that a revised version of the 1.965 Plan will be completed shortly. Meanwhile, the policies of the Comprehensive Plan are to indicate specifically only those areas which have already been devoted to or acquired for recreational use; and to give general recognition to the objectives, policies, principles, standards and proposals contained in the 1965 Plan. The Recreational designation is also intended for those areas where the primary urpose. is to encourage public and private recreational oriented developments which are responsive to the environmental constraints and attributes of a site. The Recreational designation applies to areas which contain attractive visual amenities; are close to recreational resources such as National Forest areas, Puget Sound lakes and streams; and may or may not contain public sewer and water facilities. 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 ATTACHMENT B December 18, 1.984 Public Hearing Draft (PROPOSED NEW CHAPTER TO INTERIM ZONING ORDINANCE) 2.34.295 SRR SEASONAL RECREATION RESIDENTIAL DISTRICT .01.0 PURPOSE, The purpose of the Seasonal Recreation Residential District is to provide land areas which, through natural and locational attributes, are intended for the occasional or seasonal use of dwellings and other facilities to be used on a recreational- oriented basis. The District shall be located and implemented consistent with the goals, objectives and policies of the Comprehensive Plan, recognizing the limited availability of public services. The District shall encourage the type of low- density development which can maintain the natural attributes of an area and promotes open space, conservation of environmentally sensitive areas and avoidance of hazardous areas. .050 PERMITTED USES .051 One single - family dwelling per lot. .052 One recreational vehicle space per lot provided the lot is within a subdivision approved for recreational vehicle usage pursuant to Section 2.24.295.153. .053 Neighborhood and other day -use parks reserved primarily for outdoor recreation or open space use for nonmotorized activities. .054 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management 1 I 1 .100 ACCESSORY USES 2 3 .101 Restrooms, picnic shelters, tool and equipment storage and similar 4 buildings normally associated with low- density park and beach 5 development. 6 7 .102 Garages, carports, detached buildings for the storage of home garden 8 equipment, home workshops, home greenhouses and other uses normally 9 accessory to residential uses. 10 11 .103 For lots developed with single-family residences, a recreational vehicle 12 may be occupied by guests not to exceed 120 consecutive days during 13 any period of one ,year. 14 15 .104 Home occupations consistent with the following requirements: 16 17 M No person, other than family, residing on the premises shall be 18 engaged in such occupation. 19 20 (2) The use of the dwelling unit for the home occupation shall be 21 clearly incidental and subordinate to its use for residential 22 purposes by its occupants, and not more than twenty -five 23 percent (25%) of the useable floor area of the dwelling unit shall 24 be used in the conduct of the home occupation. 25 26 (3) There shall be no change in the outside appearance of the 27 building or premises, or other visible evidence of the conduct of 28 such home occupation, other than one sign, not exceeding four 29 (4) square feet in area, nonilluminated . and mounted on the . 30 property. 31 32 2 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 (4) No traffic shall he 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 offstreet parking requirements as specified in this Ordinance and shall not he 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 electical interference detectable to the normal senses off the lot 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 created visual or audible interference in any radio or television receivers off the premises or causes fluctuation in line voltage off the premises. .150 CONDITIONAL USES .1.51 Recreational vehicle park .152 Mobile home park .1.53 Recreational vehicle subdivisions, including new or existing subdivisions or portions thereof, containing three or more lots that are intended to be occupied by recreational vehicles. To initiate a conditional use permit request, the applicant must submit a petition indicating at least 50% of the property owners of record for the subject area at the time of application supports the request. Legal notice will be sent to persons owning property within 300 feet of the subject area. 3 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 .154 Campgrounds and other recreation facilities. .155 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. 4 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 (9) not more than two (2) identification signs, not exceeding forty (40) square feet in area from 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. .156 . Coin- operated laundry .157 Real estate office used for promotion and sales of a recreational or residential development, provided the office is located on the site of the development. 1.58 Community halls, and public and quasi - public facilities, including but not limited to churches, fire stations and substations. .200 PROHIBPr'ED USES All other uses. .250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH .251 For the purpose of creating new building lots within the Seasonal Occupancy Residential- Recreational 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 Comprehensive. Plan policies, stormwater collection and retention facilities serve the project site. Where the conventional 5 1 i method is used to create new building lots, the minimum lot size shall 2 be one (1) acre; or, if public sewer or water, and where specified.by the 3 Comprehensive Plan, stormwater drainage facilities are provided, the 4 minimum lot size shall be 18,000 square feet; or, if public sewer and 5 water, and where specified by the Comprehensive Plan, stormwater 6 drainage facilities are provided, the minimum lot size shall be 7 12,000 square feet. Where the lot cluster subdivision method is used, 8 the minimum lot size is based on the. consideration of the District's 9 setback requirements and the Bellingham- Whatcom County Health 10 Department regulations for onrsite septic disposal or, if public sewer 11 and water are provided, the minimum lot size shall be 6,000 square 12 feet. 13 14 .252 Maximum Density and Minimum Lot Size - General. 15 MIN. RESERVF GROSS MINIMUM LOT SIZE AREA (CLUSTF 16 DISTRICT DENSITY CONVENTIONAL /CLUSTER SUBDIVISIONS: 17 SRR without 1. dwelling unit/ 1 acre S.acre 0% public sewer 1. acre 18 and water 19 SRR with public 2 dwelling units/ 18,000 1.5,000 10% sewer or water 1 acre sq. ft. sq. ft 20 and collection and retention 21 facilities where identified by the 22 appropriate Compre- hensive Plan policies 23 SRR. with public 3 dwelling units / 12,000 6,000 40% 24 sewer and water 1 acre sq. ft. sq. ft. collection and 25 . retention facilities where identified 26 by the appropriate Comprehensive Plan 27 policies 28 .253 Maximum Density and Minimum Lot Size - Specific Uses 29 30 (1) Mobile . home parks shall have a maximum density of seven (7) 31 lease spaces per acre where public water and sewer is provided 32 and three (3) lease spaces per acre when public water or sewer 6 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 or no public services are used. The minimum net parcel size for a mobile home park is two acres. (2) Recreational vehicle parks shall have a maximum density of fifteen (15) lease spaces per acre when public water and sewer is provided and seven (7) lease spaces per acre when public water or sewer or no public services are used. The minimum net parcel size for a recreational vehicle park is two acres. (3) Tent camping facilities shall provide a maximum density of eight (8) camp sites per acre. The minimum net parcel is two acres. 254 Minimum Lot Width and Depth WIDTH AT STREET LINE DISTRICT CONVENTIONAL /CLUSTER. SRR without public 30' 30' sewet and water SRR with public sewer and water and stormwater collection and retention facilities where identified by the appropriate subarea Comprehensive Plan policies . 3 units per acre 30, 30' .300 LOT CLUSTERING AND RESERVE TRACT .310 Lot Clustering WIDTH AT MINIMUM BLDG. LINE MEAN DEP'T'H 80, 1.00, 601. 80, The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficienev and reserve areas of land which are suitable for agriculture, 7 I forestry, open space or possible future development. The creation of 2 new building lots, pursuant to this section, shall be governed by the 3 following recommended design standards: 4 5 (1) Clustered building lots may be only created through the 6 subdivision or short subdivision process. 7 8 (2) Building lots should be .designed and located to the fullest extent 9 possible to be compatible with valuable or unique natural 10 features, as well as physical constraints of the site. 11 12 (3) Where practical, the majority of building sites should be 13 arranged in a cluster or concentrated pattern to be compatible 14 with physical site features, allow for the efficient conversion of 15 the "reserve tract" to other uses in the future, and have no more 16 than two common encroachments on existing County roads. The 17 arrangement of clustered building lots is intended to discourage 18 development forms commonly known as linear, straight -line, or 19 highway strip patterns. 20 21 (4) Common access to clustered building lots should be provided by 22 short length roads or loop roads. In addition, interior streets 23 shall be designed to allow access to the "reserve tract" for the 24 purpose of future approved development. 25 26 .320 Reserve Tract 27 28 For the purposes of this Section, "reserve tract" is defined as that 29 portion of a proposed subdivision or short subdivision which is intended 30 for agricultural, forestry, open space or future development purposes. 31 All "reserve tract" created through the subdivision process shall be 32 subject to the following provisions: 8 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 (1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents 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 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, 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 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 Interim Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. 9 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 .350 BUILDING SETBACKS .351 Front yard setbacks shall be twenty -five (25) feet from the front property line. .352 Side and rear yard setback shall be five (5) feet from the rear property line. ,353 In addition to the front yard setback of Section 2.24.295.351, side and rear yard setbacks for mobile home parks shall be twenty (20) feet from the property line. .354 Setbacks for recreational vehicle parks and campgrounds shall be consistent with Sections 2.24.295.351, .352 and .552. .355 Setbacks shall be increased to one hundred (100) feet from any property line which is situated adjacent to Forestry zone district. .4'00 HEIGHT LIMITATIONS Maximum height shall be limited to two and one -half (9 1/2) stories or thirty- five (35) feet, whichever is less. I .4.50 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. .500 OPEN SPACE. 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. 10 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 .550 . BUFFER AREA AND LANDSCAPING 551 Along the edges of mobile home parks, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise or other off -site influences, or to protect occupants of adjoining property from potentially adverse influences within the mobile home park. In particular, extensive off - street parking areas and service areas for loading and unloading other than passenger vehicles, and for storage and collection of'trash and garbage, shall be screened. .552 A thirty (30 )-foot landscaped buffer area or screening composed of suitable native vegetation shall be placed around all storage areas and at all perimeters of any recreational vehicle park or campground. The purpose of said buffer is to protect on a year -round basis the adjacent property or roadways from unsightliness, visual distraction and /or noise impacts. Perimeter buffers shall be supplemented by a fence or other device where trespass is a potential problem. No structures, development or other activities shall occur within any buffer areas, provided that trails may be located within those buffer areas which are at least fifty (50) feet in width. 600 SIGNS .651 On- premises signs may be allowed in connection with any permitted, accessory or conditional use subject to the following provisions: (1) One free - standing sign for each road frontage, not to exceed six (6) feet in height; surface area of such sign shall not exceed twenty -four (24) square feet. 11 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 (2) One wall sign for each permitted and conditional use building, not to exceed twenty -four (24) square feet. .652 General Standards: (1) Signs must be nonmoving, nonfluttering, nonrotating, and may only be illuminated by external source such as spotlight. Said lighting shall be properly shielded to prevent direct light and glare to adjacent roads and property. (2) Free - standing sign setbacks shall be at least twenty (20) feet from the property line. .653 Sign Control Exemptions: Exemptions shall be as provided in Section 2.24.600.630. .654 All other signs not permitted by these regulations may be conditionally permitted subject to meeting the requirements of Section 2.24.660.61.0. .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 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 12 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 shall run with the land. Said covenant or deed restriction may be removed by submission to and approved 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. .652 Parking Requirements: Parking shall conform to the requirements of Section. 2.24.620. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas for parcels developed with single - family residences. .653 Livestock Regulations: (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 (I.) acre. 13 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 (4) Bills 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. .654 The following are specific standards for recreational and mobile home parks and recreational vehicle subdivisions as provided in Sections 2.24.295.151, .152 and .153. (1) An organization or individual with proper funding to maintain common facilities and operate the parks shall be provided; (2) On -site recreational amenities with at least one substantial facility serving the users of a park or identified area. Such substantial facilities may include tennis courts, children's play area with equipment or a swimming pool. The type and size of facility shall be appropriate to the type and amount of clientele being served; . (3) All recreational vehicle subdivisions shall comply with the Health Department's Recreational Vehicle Park and Subdivision Regulations; (4) Maximum length of stay in a recreational vehicle park or subdivision shall not exceed 180 days for any one year time period; and (5) Interior roads within mobile home and recreational vehicle parks shall be private. This does not preclude the development of public roads where necessary as determined by the County Engineer. 14 1 (6) For each mobile home space there shall be provided and 2 maintained at least two parking spaces conforming with zoning 3 ordinance requirements. In addition to occupant parking, guest 4 and service parking shall be provided with the boundaries of the 5 park at a ratio of one parking space for each 'two mobile home 6 spaces. 7 8 (7) There shall be 'a minimum of ten (10) feet of separation 9 maintained between all mpbile homes on the site. Accessory 10 structures may be located no closer than ten (10) feet to any 11 mobile home or five (5) feet to other accessory structures. 12 13 (8) There shall be landscaping developed consistent with 14 Section 2.24.600.651 within open areas of the mobile home and 15 recreational vehicle .parks not otherwise used for' park 16 purposes. Such open areas and landscaping shall be continually 17 and properly maintained. 18 19 (4) Each rental space shall he numbered. 20 21 (1.0) Storage areas shall be provided for mobile home parks and may 22 be provided for recreational vehicle parks and subdivisions. 23 24 25 26. 27 28 29 30 31 32 15 L! 1 1402.174 1 I AMENDMENT TO DECLARATION OF RESTRICTIONS, EASEMENTS AND RESERVATIONS I SANDY POINT HEIGHTS i The Declaration of Restrictions, Easements and Reservations i Sandy Point Heights, was filed under Whatcom County Auditor's File No. a�trlu, on the q� day of(K�y, 19�j Those declarations, restrictions, easements and reservations are hereby amended as follows: 1. Notwithstanding any of the other provisions of this Declaration, recreational vehicles may be occupied as a temporary or permanent residence with the following exceptions: a) Recreational vehicles, if properly connected to sanitary 0� facilities in compliance with the Whatcom County Health Regulations, may be temporarily occupied for recreational purposes not to exceed 120 days per year. b) During the period of constructing a permanent residence occupancy shall not exceed a one year period. 2. Recreational vehicles may be stored on owners property, 3. All of the sections of the previous Declaration of Restrictions, Easements and Reservations Sandy Point Heights are hereby affirmed. .l The President and Secretary of the Sandy Point Improvment Company have been authorized, pursuant to Resolution by the Board of Directors of the Sandy Point Improvement Company, to sign this Amendment and file it with the Auditor of Whatcom County, Washington. SANDY INT IMPROVEM NTe:CdMP G: By :es" ent Secretary,' STATE OF WASHINGTON) ss. COUNTY OF WHATCOM) On this qz"- day of OeZbc4ti , 1981, before one personally 'If appeared ,,l,v -t / /�tn�,. , to me known to be the P. -esid en the corporat2on7t at execut-eT-t-Tie within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath states that he was authorized to execute said instrument. IN WITNESS WHEREOF, r have hereunto set my hand and affized,1 ny official seal the'day and year first above written. NOT Y PUBLIC in an r t e�i State 'bf Washington, residing 'at -1- M7 'v r f :;:dam'. :R: •y ,,, :t, .,_- 1j^ - �.^ (i.;:';1' • /iNK. :.1; '.FE�7 't; .f- 'llt'.:Y. �e �� n:xy'�tJ cf .._ (jam. ^ff4'; :•(I....•••' -- rf- -� � •�• -•: ;. .•. ,•:_. ..� :.;. __ : Viz. • . . I VOL ' h'' : =2' :'= Vii' ,. :�'j::•::7.''r.�::• fit,. ; _ ;'•,N a t�? ... - - S" L:7.: .''•t• .,.: •ti •`vi_ 'fd�'= i!�L�• ,;f?si:' ''fff:,): -i'. 11:,z . Jr' �� i Li�,.MAi.r e`�LT• i�. .r:i �.IMMi :Y.: L.� '•.6,�'y :. ;L is 14024'74 STATE OF WASHINGTON)ss. COUNTY OF WHATCOM) Ate On this Qd. day of 0127 .:r , 1981, before me personally to me known to be the ih appeared Q[ �gecretary 4j.' the c poration t at execute the within and foregoing instrument, and ac nowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath states that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand an affixed. my official seal the day and year first above written. T R PUHI,IC in an or t tale of Washi gton, residing ef_� /: ,,. ✓r:,,. [i 1 .• Cn t t ON! G��P:CE Jug f =N�xe. 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