HomeMy WebLinkAboutord1985-0161
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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.
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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.
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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.
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21 .0582 Neighborhood and other day -use parks reserved primarily for outdoor
22 recreation or open space use for nonmotorized activities.
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24 .0543 Private noncommercial boat docks, launches, ramps, floats, moorages
25 and boathouses pursuant to the Whatcom county Shoreline Management
26 Program.
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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.
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.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
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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.
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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
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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
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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%
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.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'
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MINIMUM
MFAN DF,PTH
1.00'
80'
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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
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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.
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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.
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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.
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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."
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(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.
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.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.
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.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.
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.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.
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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
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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
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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.
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LUMM/ BAY
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- 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
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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
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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
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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.
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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.
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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.
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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
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1 .100 ACCESSORY USES
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3 .101 Restrooms, picnic shelters, tool and equipment storage and similar
4 buildings normally associated with low- density park and beach
5 development.
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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.
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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.
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15 .104 Home occupations consistent with the following requirements:
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17 M No person, other than family, residing on the premises shall be
18 engaged in such occupation.
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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.
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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.
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(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.
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.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.
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(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
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method is used to create new building lots, the minimum lot size shall
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be one (1) acre; or, if public sewer or water, and where specified.by the
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Comprehensive Plan, stormwater drainage facilities are provided, the
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minimum lot size shall be 18,000 square feet; or, if public sewer and
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water, and where specified by the Comprehensive Plan, stormwater
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drainage facilities are provided, the minimum lot size shall be
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12,000 square feet. Where the lot cluster subdivision method is used,
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the minimum lot size is based on the. consideration of the District's
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setback requirements and the Bellingham- Whatcom County Health
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Department regulations for onrsite septic disposal or, if public sewer
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and water are provided, the minimum lot size shall be 6,000 square
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feet.
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.252
Maximum Density and Minimum Lot Size - General.
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MIN. RESERVF
GROSS MINIMUM LOT SIZE AREA (CLUSTF
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DISTRICT
DENSITY CONVENTIONAL /CLUSTER SUBDIVISIONS:
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SRR without
1. dwelling unit/ 1 acre S.acre 0%
public sewer
1. acre
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and water
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SRR with public
2 dwelling units/ 18,000 1.5,000 10%
sewer or water
1 acre sq. ft. sq. ft
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and collection
and retention
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facilities where
identified by the
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appropriate Compre-
hensive Plan policies
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SRR. with public
3 dwelling units / 12,000 6,000 40%
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sewer and water
1 acre sq. ft. sq. ft.
collection and
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retention facilities
where identified
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by the appropriate
Comprehensive Plan
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policies
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.253
Maximum Density and Minimum Lot Size - Specific Uses
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(1) Mobile . home parks shall have a maximum density of seven (7)
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lease spaces per acre where public water and sewer is provided
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and three (3) lease spaces per acre when public water or sewer
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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,
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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.
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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.
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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.
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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.
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26 .320 Reserve Tract
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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:
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(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.
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.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.
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.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.
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(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
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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.
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(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.
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(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.
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(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.
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(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
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and properly maintained.
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(4)
Each rental space shall he numbered.
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(1.0)
Storage areas shall be provided for mobile home parks and may
22
be provided for recreational vehicle parks and subdivisions.
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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
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;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
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ph�l�tt
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