HomeMy WebLinkAboutord1985-0551
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Date: July 6, 1985
Introduced by: Consent
Proposed by: Planning Commi sior
ORDINANCE NO. 85 -55
AN ORDINANCE TEMPORARILY CREATING A NEW SECTION
TO BOTH THE WHATCOM COUNTY INTERIM ZONING ORD-
INANCE, TITLE 2.24, AND THE OFFICIAL WHATCOM;_
COUNTY ZONING ORDINANCE, TITLE 20, TO BE KNOWN
AS SECTION 2.24A AND 20A RESPECTIVELY, TO ALLOW TEMPORARY
BED AND BREAKFAST ESTABLISHMENTS IN SPECIFIED
ZONE DISTRICTS AS A PERMITTED USE SUBJECT TO
ADMINISTRATIVE APPROVAL ONLY DURING THE PERIOD
FROM APRIL 1, 1986 THROUGH NOVEMBER 30, 1986.
WHEREAS, the administration anticipates a temporary increase in
demand for transient accommodations in Whatcom County resulting
from the anticipated influx of tourists and travelers attending
Expo 86 being held in Vancouver, British Columbia, from May 2, 1986
through October 31, 1986; and
WHEREAS, the purpose of the proposed new sections is to permit
Whatcom County residents to respond to this anticipated increase in
demand; and
WHEREAS, temporary operation of a bed and breakfast
establishment is not provided for in the Whatcom County Interim
Zoning Ordinance, Chapter 2.24, nor in the Official Whatcom County
Zoning Ordinance, Title 20, as a permitted, accessory or
conditional use; and
WHEREAS, the proposed new sections establish procedures and
requirements for obtaining temporary administrative approval to
operate bed and breakfast establishments in Whatcom County; and
WHEREAS, the proposed new sections are consistent with the
goals and policies of the Whatcom County Comprehensive Plan and are
consistent with the objectives, intents and purposes of the
applicable Zone Districts listed in Exhibits "A" and "B" attached
hereto; and
WHEREAS, the proposed new sections are categorically exempt
from SEPA requirements pursuant to the provisions of WAC
197 -11- 800(20); and
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WHEREAS, these sections amend the Whatcom County Interim Zoning
Ordinance, WCC 2.24 Zone Districts listed in Exhibit "A ", and the
Official Whatcom County Zoning Ordinance, Title 20 Zoning Districts)
listed in Exhibit "B ", by setting forth temporary operation of a
bed and breakfast establishment as a permitted land use subject to
administrative approval by the Deputy Administrator of the Bureau
of Buildings and Code Administration and the Planning Director in
those Zone Districts listed and as a prohibited use in all other
Zone Districts.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council as
follows:
1. That the Interim Zoning Ordinance, Chapter 2.24A W.C.C.,
shall be and is hereby temporarily set forth in Exhibit "A"
which is attached hereto; and
2. That the Official Whatcom County Zoning Ordinance, Title
20A W.C.C., shall be and is temporarily set forth in
Exhibit "B" which is attached hereto.
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Approved this 25tday of July , 1985.
ATTEST:
Z �-
Carol Ebergson
Clerk of the Council
APPROVED AS TO FORM:
a a
Deputy ProsectWng Attorney
Published 6/19 and 7/31/85
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
0z&Le �/
William P. Roehl '
Council Chairman
(JiAPPROVED O VETOED
Lo
Shirley VanZFFhten
County Executive
Date: July 26, 1985
This Ordinance becomes effective on August 5, 1985
"E.. _IBIT A TO ORDINANCE NO. 8b -55"
EXHIBIT "A" (PROPOSED)
WHATCOM COUNTY INTERIM ZONING ORDINANCE, TITLE 2.24
TEMPORARY BED AND BREAKFAST SECTION 2.24A
2.24A.010 PURPOSE
The purpose of this section is to permit Whatcom County residents to respond to an
anticipated increase in demand for transient accommodations associated with an
anticipated influx of tourists and travelers attending Expo 86, being held in Vancouver,
British Columbia in 1986, by operating bed and breakfast establishments on a temporary
basis.
2.24A.020 DEFINITIONS
(1) BED AND BREAKFAST ESTABLISHMENT. Any privately -owned
dwelling in which, for compensation, one or more persons, either
individually or as families, are housed or lodged for periods of less
than one month as transients with limited food service.
(2) BED AND BREAKFAST INN. A bed and breakfast establishment
offering three (3) or more sleeping units.
(3) LIMITED FOOD SERVICE. All food service is limited to breakfast (a
meal served before noon) subject to any requirements imposed by the
Whatcom County Health Department.
(4) SLEEPING UNIT. A separate room in which a bed of any type,
including folding or convertible, is provided; such room may or may
not have a private bathroom and /or kitchen facilities as an adjunct.
A sleeping unit is primarily intended for temporary use by tourists and
transients.
2.24A.030 APPLICABLE ZONE DISTRICTS
(1)
S
Suburban District
(2)
R2
Residential District /2 families per acre
(3)
S3
Suburban District /3 families per acre
(4)
R3
Residential District /3 families per acre
(5)
RR3
Rural Residential District /3 families per acre
(6)
S4
Suburban District /4 families per acre
(7)
RMD7 Residential Medium Density District /7 families per acre
(8)
R1A
Rural One Acre District
(9)
RF
Rural Farm District
(10)
RR -I
Rural Residential - Island District
(11) AG Agricultural District
(12) F Forestry District
(13) GP General Protection District
2.24A.040 PROCEDURE
(1) Prior to applying for administrative approval, the applicant may
consult with Bureau of Buildings and Code and Health Department
personnel to determine whether this type of permit is appropriate
for the proposed activity. The applicant should provide, at the time
of consultation, the location and legal description of the property; a
sketch of the site showing the location of existing structures,
access, parking and services; and a brief description of existing
services and access.
(2) The applicant shall submit a Temporary Bed and Breakfast
application to the Bureau of Buildings and Code Administration
together with appropriate forms, a filing fee of $35 and at least
three (3) copies of a plot plan at a scale of not less than 11' = 100'
showing locations of property boundaries; locations and sizes of
structures, access and parking areas; and locations and types of
water and sewer services.
(3) Once the approval requirements as set forth in 2.24A.050 of this
section are met to the satisfaction of the Deputy Administrator of
the Bureau of Buildings and Code Administration and the Planning
Director, the permit shall be issued within thirty (30) days of the
date of application.
(4) If for any reason the permit is denied, the applicant shall be notified
in writing within thirty (30) days of the initial application. The
applicant has the right to appeal such denial to the Hearing
Examiner pursuant to established appeal procedures for
administrative decisions.
2.24A.050 APPROVAL REQUIREMENTS:
2.24A.055 Administrative approval for temporary bed and breakfast establishments
shall be considered by the Deputy Administrator of the Bureau of Buildings
and Code Administration and the Planning Director who shall jointly
approve such use if it is determined that the proposed bed and breakfast
establishment meets the following requirements:
(1) It will be harmonious and in accordance with the general and
specific objectives of Whatcom County's Comprehensive Plan and
zoning regulations.
(2) It will not be hazardous or disturbing to existing or future
neighboring uses.
(3) It will be serviced adequately by essential public facilities such as
highways, streets, police and fire protection, refuse disposal, water,
and sewers; or the persons or agencies responsible for the
establishment of the proposed use shall be able to provide
adequately any such services.
(4) There shall be no change in the outside appearance of the building or
premises or other visible evidence of the conduct of such bed and
breakfast establishment other than one sign, not exceeding four (4)
square feet in area, nonilluminated and mounted on the property.
(5) A minimum of one offstreet parking space for each sleeping unit
offered shall be provided pursuant to the requirements of
WCC 2.24.620.
(6) Such temporary use shall only be permitted on parcels on which the
applicant can meet setback, ingress, egress, height restrictions and
lot coverage requirements of the applicable zone district.
(7) Water supply, wastewater disposal and other sanitary facilities shall
be approved by the Health Department.
(8) Access shall conform to the provisions of WCC 2.24.620,
Section 850, the Whatcom County Interim Zoning Ordinance.
(9) Applicant shall comply with all state and local fire and health codes
and guidelines.
(10) There shall be no production of noise in excess of the average
intensity of street and traffic found in the applicable Zone
District.
(11) Lighting shall be sized and directed to avoid excessive glare onto
neighboring properties and to not create safety hazards or
unreasonable interference with adjacent uses.
(12) Parking areas having exits on any public road shall be designed in
such a way that vehicles enter the public right -of -way in a forward
motion.
(13) In addition to the foregoing requirements, bed and breakfast inns, as
defined in 2.24A.020(2), shall comply with the minimum fire and life
safety standards pursuant to WAC 212 -52 governing transient
accommodations offering three (3) or more units.
2.24A.060 Temporary nature of permit: Permits granted pursuant to this section are
temporary in nature. Permits may be applied for beginning January 1,
1986; however, if granted, permission to operate a bed and breakfast
establishment is valid only from April 1, 1986 through November 30, 1986.
In no way shall any portion of this section be construed as permission to
continue the use beyond the period specified above, nor does any permit
granted pursuant to this ordinance establish. any pre - existing rights to
continue the use beyond the date specified as a nonconforming use with
ensuing "grandfather" rights under WCC 2.24.640.
2.24A.070 If, after issuance of a permit, the temporary land use violates any of the
conditions set forth for approval in this section or if the temporary land use
is otherwise found to be having detrimental effects on the surrounding
neighborhood, the Bureau of Buildings and Code Administration shall have
the power to place additional restrictions on the permit or revoke the
permit.
2.24A.080 This section and all permits issued pursuant hereto are valid only for the
period specified (April 1, 1986 through November 30, 1986); and are, along
with this section, hereby automatically revoked effective the last day of
that period. Any business license issued concurrent with approval of
temporary permits under this section shall expire as of December 1, 1986,
unless the Whatcom County Council takes some affirmative action in order
to make this section permanent.
EXHIBIT "B" (PROPOSED)
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20
TEMPORARY BED AND BREAKFAST SECTION 20A
20A.010 PURPOSE
The purpose of this section is to permit Whatcom County residents to respond to an
anticipated increase in demand for transient accommodations associated with an
anticipated influx of tourists and travelers attending Expo 86, being held in Vancouver,
British Columbia in 1986, by operating bed and breakfast establishments on a temporary
basis.
20A.020 DEFINITIONS
(1) BED AND BREAKFAST ESTABLISHMENT. Any privately -owned
dwelling in which, for compensation, one or more persons, either
individually or as families, are housed or lodged for periods of less than
one month as transients with limited food service.
(2) BED AND BREAKFAST INN. A bed and breakfast establishment
offering three (3) or more sleeping units.
(3) LIMITED FOOD SERVICE. All food service is limited to breakfast (a
meal served before noon) subject to any requirements imposed by the
Whatcom County Health Department.
(4) SLEEPING UNIT. A separate room in which a bed of any type,
including folding or convertible, is provided; such room may or may not
have a private bathroom and /or kitchen facilities as an adjunct. A
sleeping unit is primarily intended for temporary use by tourists and
transients.
20A.030 APPLICABLE. ZONE DISTRICTS
(1) UR Urban Residential District
(2) URM Urban Residential /Medium Density District
(3) RR Residential -Rural District
(4) R Rural District
(5) AG Agricultural District
(6) F Forestry District
(7) RC Resort Commercial District
20A.040 PROCEDURE
(1) Prior to applying for administrative approval, the applicant may
consult with Bureau of Buildings and Code and Health Department
personnel to determine whether this type of permit is appropriate for
the proposed activity. The applicant should provide, at the time of
consultation, the location and legal description of the property; a
sketch of the site showing the location of existing structures, access,
parking and services; and a brief description of existing services and
access.
(2) The applicant shall submit a Temporary Bed and Breakfast application
to the Bureau of Buildings and Code Administration together with
appropriate forms, a filing fee of $35 and at least three (3) copies of a
plot plan at a scale of not less than 1" = 100' showing locations of
property boundaries; locations and sizes of structures, access and
parking areas; and locations and types of water and sewer services.
(3) Once the approval requirements as set forth in 20A.050 of this section
are met to the satisfaction of the Deputy Administrator of the Bureau
of Buildings and Code Administration and the Planning Director, the
permit shall be issued within thirty (30) days of the date of
application.
(4) If for any reason the permit is denied, the applicant shall be notified in
writing within thirty (30) days of the initial application. The applicant
has the right to appeal such denial to the Hearing Examiner pursuant to
established appeal procedures for administrative decisions.
20A.050 APPROVAL REQUIREMENTS
20A.055 Administrative approval for temporary bed and breakfast establishments shall
be considered by the Deputy Administrator of Buildings and Code
Administration and the Planning Director who shall jointly approve such use if
it is determined that the proposed bed and breakfast establishment meets the
following requirements:
(1) It will be harmonious and in accordance with the general and specific
objectives of Whatcom County's Comprehensive Plan and zoning
regulations.
(2) It will not be hazardous or disturbing to existing or future neighboring
uses.
(3) It will be serviced adequately by essential public facilities such as
highways, streets, police and fire protection, refuse disposal, water,
and sewers; or the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately
any such services.
(4) There shall be no change in the outside appearance of the building or
premises or other visible evidence of the conduct of such bed and
breakfast establishment other than one sign, not exceeding four (4)
square feet in area, nonilluminated and mounted on the property.
(5) A minimum of
one
offstreet
parking space
for
each sleeping
unit
offered shall
be
provided
pursuant to
the
requirements
of
WCC 20.80.700.
(6) Such temporary use shall only be permitted on parcels on which the
applicant can meet setback, ingress, egress, height restrictions and lot
coverage requirements of the applicable zone district.
(7) Water supply, wastewater disposal and other sanitary facilities shall be
approved by the Health Department.
(8) Access shall conform to the provisions of WCC 20.80.660.
(9) Applicant shall comply with all state and local fire and health codes
and guidelines.
(10) There shall be no production of noise in excess of the average intensity
of street and traffic found in the applicable Zone District.
(11) Lighting shall be sized and directed to avoid excessive glare onto
neighboring properties and to not create safety hazards or unreasonable
interference with adjacent uses.
(12) Parking areas having exits on any public road shall be designed in such
a way that vehicles enter the public right -of -way in a forward motion.
(13) In addition to the foregoing requirements, bed and breakfast inns, as
defined in 20A.020(2), shall comply with the minimum fire and life
safety standards pursuant to WAG 212 -52 governing transient
accommodations offering three (3) or more units.
20A.060 Temporary nature of permit: Permits granted pursuant to this section are
temporary in nature. Permits may be applied for beginning January 1, 1986;
however, if granted, permission to operate a bed and breakfast establishment
is valid only from April 1., 1986 through November 30, 1986. In no way shall
any portion of this section be construed as permission to continue the use
beyond the period specified above; nor does any permit granted pursuant to
this ordinance establish any pre - existing rights to continue the use beyond the
date specified as a nonconforming use with ensuing "grandfather" rights under
WCC 20.83.
20A.070 If, after issuance of a permit, the temporary land use violates any of the
conditions set forth for approval in this section, or if the temporary land uses
is otherwise found to be having detrimental effects on the surrotlndiign�~�y
neighborhood, the Bureau of Buildings and Code Administration shall have Vie
a
power to place additional restrictions off the perrr#it or,revoke the permit.
20A.080 This section and all permits issued pursuant hereto are valid only for the
period specified (April 1, 1986 through November 30, 1986); and are, along
with this section, hereby automatically revoked effective the last day of said
period. Any business license issued concurrent with approval of temporary
permits under this section shall expire as of December 1, 1.986, unless the
Whatcom County Council takes some affirmative action in order to make this
section permanent. -