HomeMy WebLinkAboutord1984-0791
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I DRAFT II - 8/10/84
INTRODUCED BY: Consent.
PROPOSED BY:
DATE: July 19, 1984 `
ORDINANCE NO.-84-79
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE, TITLE 20 TO ADOPT
CHAPTER 20.85, PLANNED UNIT DEVELOPMENT (PUD),
AND AMEND CHAPTER 20.92 ESTABLISHING NEW
RESPONSIBILITIES FOR THE WHATCOM COUNTY HEARING
EXAMINER, AND AMEND CHAPTER 20.04 TO SET FORTH THE
DUTIES OF THE BUREAU OF BUILDINGS AND CODE ADMINISTRATION
WHEREAS, pursuant to WCC 20.90.110 the Whatcom County P1
ning Commission initiated an amendment to Title 20 for the review
and consideration of planned unit developments;
WHEREAS, pursuant to RCW 43.21.080(2) and WAC 197 -10, the
Whatcom County SEPA Official issued a Final Declaration of Non -
Significance; and
WHEREAS, the Planning Commission has conducted public
hearing upon the application and formulated findings, reasons and
motion recommending approval of the amendment to Title 20; and
WHEREAS, said amendment causes the Whatcom County Hearing
Examiner to assume various responsibilities in recommending Planner
Unit Developments to the County Council.
NOW, THEREFORE, BE IT ORDAINED as follows:
1. That the Official Whatcom County Zoning Ordinance,
Title 20, is hereby amended to include a new Chapter 20.85, Planner
Unit Development (PUD), the text of which is set forth in the
attached Exhibit #1, based upon the Findings, Reasons and Motion of
the Planning Commission which are attached hereto and incorporated
herein as Exhibit "2 ".
2. That Chapters 20.92 and 20.04 of the Official Whatcom
County Zoning Ordinance are hereby amended in accordance with
Exhibits "3" and "4" which are attached hereto.
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DRAFT II - 8/10/84
ORDINANCE NO. 84 -79
3. The`:Chairperson is authorized to execute any document:
necessary to c4rry out 'the terms of this Ordinance.
DATED this 16�h day of August 1984
WHATCOM COUNTY COUNCIL
�WHAT.QQM COUNTY, WASHINGTON
ATTEST.:
Chairperson
(/) APPROVED ( ) VETOED
Clerk of the Coun it SHIRLEY VAN ZANT19N,
Executive
APPROVED AS TO FORM: Dater August 17, 1984
RANDALL J. WATTS
Deputy Prosecuting Attorney
Published July 25, 1984 and August 22, 1984
This Ordinance effective August 27, 1984
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20.85.010 - 20.85.015
Exhibit "1"
of Ordinance No. 84 -79
(AMENDMENT TO OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20)
Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)
20.85.010 PURPOSE
It is the intent of this Chapter to:
.011 Provide mutual benefits to the general public and project proponent by utilizing
innovative and efficient land use and design by permitting greater flexibility in
zoning requirements than is generally permitted by other Chapters of this
Ordinance while providing the expeditious handling of projects.
.012 Encourage creative and coordinated site planning, the conservation of natural
elements, features and energy, the use of mixed use developments, the use of
new technologies and techniques, and the efficient layout of streets, utility
networks and other public improvements.
.013 Encourage the creation of permanent open space, and the provision of more
useable and suitably located recreation facilities and other public and common
facilities than would otherwise be provided under conventional land
development procedures.
.014 Encourage development that provides a variety of living, working and
recreational environments in a manner harmonious with surrounding on and off-
site land use activities.
.015 Move toward the attainment of the goals and the implementation of the
policies of the Comprehensive Land Use Plan.
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26jh041183
20.85.020- 20.85.051.
20.85.020 APPLICABILITY
This Chapter is applicable in any zone district except the Agricultural District. The
provisions of this Chapter can be used for any residential, commercial and /or industrial
project on property two (2) acres or greater in size. A planned unit development may be
used on property less than two (2) acres in size when the Buildings and Code
Administrator finds one or more of the following conditions exists:
.021 An unusual physical or topographic feature of importance to the area as a
whole exists on the site or in the neighborhood, which can be conserved and still
leave the applicant equivalent use of the land by the use of a planned unit
development.
.022 The property or its neighborhood has a historical character of importance or
the community that will be protected by use of a planned unit development.
.023 The property is adjacent to or across a street from property which has been
developed or redeveloped under a planned unit development, and a planned unit
development will not detract from the amenities and aesthetic values of the
neighboring planned unit development.
.024 The project will use unique or innovative design concepts which would benefit
the public welfare including design provisions which would be precluded by the
underlying district.
.025 The project would meet an important social need that cannot be realized with
the underlying zone.
.026 The project will promote creativity or affordability in residential, commercial -
and industrial development.
20.85.050 PERMITTED USES
.051 The uses allowed in a project shall be only those permitted in the underlying
zone district except as provided in WCC 20.85.052 to .055.
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26jh041183
20.85.052- 20.85.053
.052 In addition to the uses allowed in the underlying zone the following uses shall be
allowed outright where they are only serving the development and where all
other applicable standards are met:
(1) Community building;
(2) Indoor recreation facility including athletic club or fitness center,
racquet ball court, swimming pool, tennis court, or other similar uses;
(3) Outdoor recreation facility including swimming pool, tennis court, or
similar use; and
(4) Recreation vehicle storage area.
.053 A planned unit development may add land use activities as follows, provided the
criteria of WCC 20.85.054 is met:
(1) For the Urban Residential, Residential Rural and Rural zones, multi-
family dwellings consistent with the requirements of the underlying zone
except as modified by this chapter.
(2) For the Urban Residential and Urban Residential Medium zone, those
uses allowed in the Neighborhood Commercial zone are appropriate;
(3) For the General Commercial zone, those uses allowed in the Urban
Residential Medium zone are appropriate;
(4) For the Light Impact Industrial zone, those uses allowed in the Urban
Residential Medium, Neighborhood Commercial and /or General
Commercial zones are appropriate; and
(5) For the Forestry Zone, those uses allowed in the Rural and Residential-
Rural zones are appropriate.
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20.85.054- 20.85.101
.054 In order to expand uses allowed in WCC 20.85.053, the applicant shall demon-
strate:
(1) That the primary land use activity of the planned unit development shall
be those uses allowed by the underlying zone district.
(2) That the expanded uses will benefit and serve the residents or employees
of the proposed development; and
(3)- That all other applicable approval criteria and standards are met.
.055 Where a proposed development is located in two (2) or more zone districts, the
uses allowed in the applicable districts may be located on any portion of the
site, provided that all applicable standards are met.
.056 For purposes of determining appropriate standards, the requirements of the
zone district allowing the use would apply. If the use is allowed by two or more
districts, then the lesser standards would apply.
20.85.100 DESIGN AND DEVELOPMENT STANDARDS
.101 All uses and development shall conform to all relevant requirements and
standards of:
(1) The zone district(s) within which the planned unit development is
located, except as may be modified by this Chapter;
(2) The Uniform Building and Fire Codes;
(3) WCC Chapters 19.40 to 19.60 where they do not conflict with the
standards and requirements of this Chapter; and
(4) Other applicable official controls.
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26jh041183
20.85.102- 20.85.104
.102 General Design Criteria. Major and local streets, the location of all buildings,
parking areas, pedestrian, bicycles and vehicular ways, and utility easements
shall be designed to promote public safety, compatibility of uses, minimize
conflict between uses, and reasonably maintain topography and other natural
features.
.103 Resource Lands. Planned Unit Developments in the Forestry zone district shall
not use areas which can effectively on a commercial basis support or contribute
to support productive forestry operations based on topographic, existing use
and /or soils considerations.
.1.04 Compatibility Treatment.
(1) The design of a Planned Unit Development shall take into account the
relationship of the site to the surrounding areas and between differing
uses on the site. The perimeter of the PUD and arrangement of uses on
the site shall be designed to minimize adverse impacts between the
project and adjacent land uses, and different tvpes of potentially
incompatible land uses. Compatibility factors include but are not
necessarily limited to visual and audio intrusion and conspicuous visual
barriers.
(2) If existing topographical or other barriers within ten (10) feet of the
perimeter of the development do not provide reasonable compatibility
for existing uses adjacent to the development, one or all of the following
requirements shall be imposed:
(a) Structures located on the perimeter of the development shall be
set back in accordance with the front yard setback of the under-
lying zone.
(b) Structures located on the perimeter of the development shall be
fenced, bermed and /or landscaped, except where such screens
would inhibit the use of an existing or proposed solar energy
system.
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26jh041183
20.85.104- 20.85.107
(c) Commercial, industrial or quasi - public structures which abut
existing residential dwellings shall be located on the site or be
designed in a manner, to the maximum degree possible, to protect
the private areas of adjoining conforming residential properties
from view and noise.
(3) Buffering shall be provided between different types of land uses
including parking areas (for example, between single family and multiple
family residential, or residential and commercial) on the site perimeter
or within the site where probable incompatibility based on congestion,
noise, visual intrusion and hours of operation may exist.
.105 Buffering Standards. Where buffering is required by this Chapter, the following
factors will be considered in determining the adequacy of the type and extent
of the buff er:
(1) The purpose of the buffer, for example, to decrease noise levels, absorb
air pollution, filter dust or to provide a visual barrier.
(2) The size of the buff er needed in terms of width and height to achieve
the purpose.
(3) The location of the buffer.
.106 Facility Design. The facility design requirements of WCC 20.22.651 shall be
m et.
.107 Common Open Space. No open area may be accepted as common open space
within a planned unit development, unless it meets the following requirements:
(1) The common open space is for amenity or recreational purposes, and the
size and uses authorized are appropriate to the scale and the character
of the planned unit development, considering its size, density, expected
population or employees, topography, and the number and type of
dwellings provided.
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20.85.107- 20.85.108
(2) Common open space will be suitably landscaped for it's intended use,
except that common open space containing natural features worthy of
preservation may be left unimproved. Any buildings, structures, and
improvements to be permitted in the common open space are those
appropriate to the uses which are authorized for the common open
space.
(3) Common open space shall be maintained through one of the following
methods:
(a) An association of owners shall be formed and continued for the
purpose of maintaining the common open space: The association
shall be created as an association of owners under the laws of the
State and shall adopt and propose articles of incorporation or
association and bylaws, and adopt and approve a declaration of
covenants and restrictions on the common open space that is
acceptable to the Bureau of Buildings and Code Administration
upon consultation with the Prosecuting Attorney, in providing for
the continuing care of the space. No common open space may be
put to a use not specified in the final development plan unless the
final development plan is first amended to permit the use. No
change of use may be considered as a waiver of any covenants
limiting the use of common open space areas, and all rights to
enhance these covenants against any use permitted are expressly
reserved; or
(b) A public agency which agrees to maintain the common open space
and any buildings, structures, or other improvements which have
been placed on it.
.108 Density Increases.
(I) The County may approve an increase of dwelling unit density for
residential development, or floor area for commercial and industrial
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i
20.85.108
activities of not more than thirty -five percent (35 %) greater than that
permitted by the underlying zone rounded to the nearest whole number.
Density increases shall be governed by the following factors, and are to
be treated as additive, and not compounded:
(a),- A fifteen percent (15 %) increase in base density for meeting the
requirements of this Chapter.
(b) A ten percent (10 %) increase in base density for improvements to
common open space that will serve the needs of the
development's residents and would include such facilities as play
areas with equipment, basketball courts, handball courts, ball
fields, tennis courts, or swimming pools. Usuable open space on
the roof of a building may qualify as improved open space. -
(c) A ten percent (10 %) increase in base density for preservation or
restoration of historically or architecturally significant struc-
tures, or for preservation of significant natural features. The
burden of designation of such structures or features as significant
shall be upon the applicant, unless such structures or features are
already identified as worthy of preservation in the Comprehensive
Plan, Parks Plan, other official documents, or on a local, state or
national register. Final determination as to significance shall be
made by the Planning Director at the earliest possible time and
no later than the Techinical Committee review.
(d) A ten percent (1.0 %) increase in base density for the design and
construction of energy- efficient buildings which will reduce
consumption to seventy -five percent (7596) or less of energy
demand per square foot per year for space and water heating in a
standard building built to the Washington State Energy Code.
(e) A ten percent (10 %) increase in base density for the use of energy
from a renewable source exclusively serving the project to
provide at least twenty percent (20 %) of the combined space and
water heating needs of the structures proposed in the project.
Access to the energy source must be protected through site
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26jh041183
20.85.108- 20.85.109
design and protective covenants or easements. Water heating
needs shall be based on energy requirements on an annual basis.
(f) A fifteen percent (15 %) increase in the base density for the
creation and preservation of significant public access on
shorelines.
(2) For purposes of determining conformance with WCC 20.85.1.08(t)(d) and
(e), the energy efficiency of the structures or energy contribution of
total energy usage shall be calculated using an analytical procedure
generally recognized by the Washington State Energy Office as reason-
ably representative of the expected energy performance. This detailed
information shall be provided as part of the Final Review process of
WCC 20.85.365.
.109 Lot Sizes, Building Spacing and Height, Improvement Coverage and Yard
Requirements.
(1) The minimum lot size, lot width, and yard requirements of the under-
lying zoning district may be waived provided the project meets the
design standards of this section.
(2) Building Spacing and Setbacks. The spacing between main buildings shall
be at least equivalent to the spacing which would be required between
buildings similarly developed on separate parcels conforming to the
underlying zone district's setback requirements. This spacing and
setback requirement may be reduced when it is demonstrated:
(a) A better or more appropriate design can be achieved by not
applying the provision of the zoning district;
(b) That compensating design and /or structural measures are used to
insure the protection of the users and inhabitants (of the
development) health, safety and welfare, including but not
necessarily limited to, visual and acoustical privacy and adequate
light and air; and
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20.85.109- 20.85.110
(c) That any perimeter treatment required by WCC 20.85.104 is met.
(3) Maximum Coverage. Building coverage and development coverage of
individual parcels may exceed the percentage permitted by the under-
lying zone, provided that the overall coverage of the project as a whole
does not exceed the percentage permitted by the underlying zone.
(4) Height.
(a) For projects in urban areas, building height may exceed the maxi-
mum permitted in the underlying zone by fifty percent (50%),
provided that the project design protects adjacent uses both
inside and outside of the PUD from adverse impacts on privacy,
light and air.
(b) For projects in non -urban areas building height shall not exceed
the limits established by the underlying zone.
(5) Lot Width. Where the design is such that light, air and privacy can be
provided, especially for living spaces and bedrooms, a narrower lot width
may be permitted.
.110 Circulation, Access and Parking.
(1) Circulation and access provisions shall be appropriate to the scale of the
project and to anticipated traffic characteristics, and consistent with
the requirements ofd Whatcom County road standards.
(2) Driveways and circulation roadways shall be designed to minimize traf-
fic and congestion within the planned unit development and where
consistent with the standards to minimize the amount of paving.
(3) Parking shall be provided in a PUD as required in Chapter 20.80 of this
ordinance. However, where it can be demonstrated by the applicant that
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20.85.110- 20.85.114
due to nonconfli.cting hours of operation, design of the circulation and
parking plan or any other factor reasonably related to the need for park-
ing the total parking requirement can be reduced, the Hearing Examiner
may do so provided legal notice of the application specifies that such
reduction has been requested.
(4) Loading areas for non - residential uses shall, where possible, be oriented
away from residential areas.
.111 Mechanical Equipment. All ground and roof top mechanical equipment shall be
screened when possible to reduce its visability to surrounding uses or roads.
.112 Storage and Trash Areas.
(1) Storage areas for residential developments and all trash areas shall be
permanently screened.
(2) Storage for non - residential uses should be within a closed building except
for the sale or .rental of retail products which can be stored outdoors
during business hours only, and not within any required front or side ,yard
nor in any public street or road right -of -way. All outdoor storage shall
be located in an area which is screened and landscaped.
.113 Drainage and Land Alteration.
(1) No land alteration shall commence until in compliance with Whatcom
County land alteration standards.
(2) Drainage plans and improvements shall be in compliance with Whatcom
County drainage standards.
.114 Utilities. All utilities shall be underground unless evidence is provided by the
supplier of the utility or service that underground installation is not reasonably
f easible.
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20.85.115- 20.85.117
.115 Non - Residential Improvements. Utilities, roads and other essential services
must be available prior to occupancy.
.116 Signs. In addition to the provisions of WCC 20.80.500, a system of signs for
identifying the location of each residential unit, store or industry shall be
established, based on considerations of crime prevention and the needs of
emergency vehicles.
.117 Project Phasing. Applications for initial approval of a planned unit
development may include provisions for the project to be constructed and
finally approved in sequential phases, as provided herein.
(1) Timing. The plan for phased development shall be submitted with the
initial application and reviewed by the Technical Committee for
compliance with this section. The Buildings and Code Administrator
shall accommodate the submission of a phasing plan at any point during
the review process, but in no event shall the phasing plan be approved
without Technical Committee review.
(2) Submission Requirements. The phasing plan shall contain the following
elements:
(a) The approximate location of all roads, drainage structures, water
and sewer lines, and all improvements, easements and dedications
of every type necessary to be provided or developed prior to final
approval of the project as a whole.
(b) An approximate schedule for the construction or securing of all
required physical improvements and the reservation or dedication
of necessary rights -of -way or easements, each in its appropriate
phase.
(c) An approximate schedule-for the development of residential and
non - residential uses for those planned unit developments located
in residential or rural zone districts.
26jh041183
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20.85.117 - 20.85.118
(3) Approval. A phasing plan shall be approved as part of the principal
application if it meets the following criteria:
(a) Each phase is capable of standing by itself, in the sequence of
development proposed, such that it will be adequately served by
all roads, utilities, drainage structures, easements and other
amenities necessary to its existence in the event that subsequent
phases are not completed.
(b) The plan incorporates into appropriate phases all structures,
dedications, easements, services and amenities necessary to and
upon which depends the satisfactory development of all later
phases.
(c) The number and extent of phases shall be determined on a project
basis.
(d) For mixed use development in residential or rural zone districts,
the plan shall ensure that a sufficient amount of those uses
allowed in the underlying zone district are developed so as that
during any particular phase, the project shall meet the intended
character of the district.
(4) Procedure Exclusive. No partial final approval of any total development
project shall be granted except as provided in this section.
.118 Concept Plan. Where a planned unit development application represents the
first project of the development of a larger site, the applicant may at his /her
option submit a concept plan indicating the general development of the
remainder of the site. The purpose of the concept plan is to encourage master
planning of a site by demonstrating the coordinated relationship of land use
activities, roads, utilities, and open space for the entire site, and in concert
with existing and planned offsite land uses and facilities.
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20.85.1.18- 20.85.200
(1) Plan Contents. The concept plan should contain the following elements
for the portion of the site not included in the first phase PUD
application:
(a) The approximate location of future generalized land use activities
including but not necessarily limited to single and multi- family
residential (approximate density specified); neighborhood,
general, tourist and resort commercial; light and heavy industrial,
and general manufacturing; and parks including recreational
areas, school sites and open space.
(b) The approximate circulation network (both vehicular and
pedestrian).
(c) The approximate location of utility corridors, and drainage
channels (natural and man -made) and retention /detention areas.
(d) The approximate location of all existing or planned sewer and
water mains, arterial and collector roads, and drainage channels
and retention /detention areas located off -site which is within 300
feet of the site or anticipated to be used for the development of
the site.
(2) Plan Status. Unless otherwise provided by agreement between the
applicant and Buildings and Code Administrator, the concept plan shall
be non - binding, and shall not be used as a basis for approving or denying
the subject PUD application. However, the plan may be used as a basis
to administratively review the arrangement and design of land uses,
roads, bicycle and pedestrian pathways, and drainage facilities included
in the subject application.
20.85.200 INFORMATION SUBMITTAL
The information required in the following sections shall be submitted with planned unit
development applications.
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20.85.201- 20.85.202
.201 General Provisions
(1) Information submitted for initial review is to be an approximate
description indicating the general nature of the proposal. Data shall be
based on the applicant's best knowledge or intent of the proposal and
shall be sufficiently clear to demonstrate how the project complies with
the provisions of this Chapter. Information required shall be limited to
the area the application includes. Information specified in
WCC 20.85.202(2)(c) shall not be required.
(2) The Buildings and Code Administator shall have the authority to waive
any portion of the information requirements herein; provided that the
information has been included with a previous rezone request, approved
permit, or concept plan, and the present PUD application is consistent
with the previous action to the extent that the subject data is
applicable.
.202 Textual Information
(1.) General Data
(a) The title and location of the proposed development, together with
the names, addresses and telephone numbers of the record owner
or owners of the land and the application, and, if applicable, the
names, addresses and telephone numbers of any architect, planner
designer or engineer responsible for the preparation of the plan,
and of any authorized representative of the applicant.
(b) The legal description of the subject property.
(c) Identify, if known, all special service districts, including fire,
school (for residential projects only), drainage and flood control in
which the site is located.
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20.85.202
(d) Description of the proposed PUD including:
(i) Total area of the PUD;
(ii) Total area of open space and percentage it represents of
the total project area;
(iii) Total area of impervious surfacing;
(iv) Number of parcels and /or lease areas, average parcel
size and the size of the smallest parcel;
(v) Proposed ownership of land areas within the PUD both
during and after construction;
(vi) Method of achieving compatibility between the PUD and
.off -site uses and between potentially incompatible on-
site uses;
(vii) How density bonus requirements are being met
including, when applicable, description of recreation
facilities and the proposed method to protect adequate
access to sunlight for use by each of the proposed solar
energy systems; and
(viii) Development schedule indicating the approximate date
when construction of the PUD or stages of the PUD can
be expected to begin and be completed.
(e) Copy of all existing deeds, and existing and proposed restrictive
covenants or other legal restrictions which apply to the project -
site.
(f) The names and addresses of all property owners within three
hundred (300) feet of the site taken from the latest equalized tax
roles.
(2) Data for Residential Development
(a) Proposed number of dwelling units by type and the amount of site
area devoted to each type.
26jh041183
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20.85.202- 20.85.203
(b) Gross density of the dwelling units.
(c) For multi- family and zero -lot line development, the description
of wall and /or ceiling (for multi - family only) construction with
attendant sound transmission class (STC) rating or equivalent to
achieve acoustical privacy.
(3) Data for Non - Residential Development
(a) Description of each type of proposed commercial and industrial
use and amount of site area devote to each type of use.
(b) The proposed number of square feet in gross floor area for each
type of commercial and industrial use.
.203 Site Plan and Supporting Maps and Graphics. An initial plan and any maps, at a
minimum scale of 1 inch equals 100 feet, and any graphics, to show major
details of the proposed PUD. The initial plan may be based on a survey or
existing survey data of the subject site. The survey data shall be prepared by a
registered land surveyor, registered civil engineer or other professional licensed
to conduct surveys. The initial plan must contain the following information:
(1) Proposed name of the development, northpoint, scale, date and address,
and telephone number of the preparer of the site plan /supporting maps:
(2) Existing site conditions including water courses, wetland area, flood
plains, unique natural features, forest cover, and elevation contours of
sufficient intervals to indicate the topography of the entire tract for a
sufficient distance beyond the boundaries of the proposed development
to depict any features within 300 feet which may affect site
development. Contour information shall be as follows:
(a) Up to ten percent (10 %) slopes, two (2) foot contours.
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26jh041183
20.85.203
(b) Over ten percent (10 %) to less than twenty percent (20 %) slopes,
five (5) foot contours.
(c) Twenty percent (20 %) or greater slopes, ten foot (10) contours.
(3) Location of all existing and proposed lot lines, lease areas and
easements.
(4) The locations, dimensions, and identification of all existing and proposed
buildings, structures and other improvements including maximum heights
and types of uses.
(5) For residential structures, provide the types and number of residential
units in each structure.
(6) For non - residential buildings, the gross floor area of each building.
(7) The location and square footage of all areas to be conveyed, dedicated
or reserved as common open spaces, public parks, recreational areas,
school sites, and similar public and semi - public uses with notations of
proposed ownership included where appropriate.
(8) Landscaping and open space improvements plan.
(9) The existing and proposed circulation system of arterial, collector
and /or local streets, including right -of -way street widths, off - street
parking areas, service areas, loading areas and major points of access to
public rights -of -way (including major point of ingress and egress to the
development). Notations of proposed ownership - public or private -
shall be included where appropriate.
(10) Location and width of existing and proposed sidewalks and trails.
(11) Location of walls and fences, and indication of their height.
26jh041183 -18
20.85.203
(12) The proposed treatment of the perimeter of the PUD, including
materials and techniques used such as screens, fences and walls.
(13) The location of adjacent utilities including sanitary sewers, water lines
and storm drainage facilities intended to serve the development and a
layout of the existing and proposed utilities within the development.
(14) Existing zoning and comprehensive plan boundaries for the site and
adjacent property.
(15) Information of contiguous properties within 300 feet of the proposed
PUD including: .
(a) Existing and if known, proposed land use and streets; and
N Existing structures excluding accessory buildings, ownership
tracts and unique natural features of the landscape, if readily
accessible.
(16) A vicinity map showing the location of the site and its relationship to —
surrounding areas, including existing streets, major physiographic and
cultural features such as railroads, lakes, streams, shorelines, schools,
parks or other prominent features.
(17) If the applicant wishes to incorporate renewable energy features into the
PUD, information shall be submitted which will describe the long -term
usability of the energy source including:
(a) Solar
(1) Solar site survey including solar sun chart;
(2) Shadow diagrams including schematic elevations of pertinent
vegetation and structures, and existing major topographical
features;
(3) General description of the solar system identifying type
(passive or active), location and size (surface area);
-19-
26jh041183
20.85.203 - 20.85.204
(b) Wind
(1) Wind data including direction, frequency and intensity;
(2) Wind disruption information including potential on and off -
site building construction, and major topographical features;
(3) Wind machine location and visual description;
(c) Micro or small scale hydro
(1) Estimated annual energy output using flow duration curves;
(2) Stream data including low and average flows;
(3) Hydro site location and design;
(4) Status of Federal Energy Regulatory Commission (FERC)
approval;
(d) Geothermal - source of energy.
.204 Supplemental Information.
(1) A completed environmental checklist, plus any other data determined by
the SEPA Official to be necessary for compliance with the State
Environmental Policy Act (RCW 43.21C) as now or hereafter amended;
(2) Where water and /or sanitation service is to be obtained from an existing
public system, including a water association, a letter from the service
purveyor indicating the availability and requirements for the service
shall be included.
(3) Where a new water system is proposed, include the source of the water,
the estimated amount of water available from a groundwater or surface
water source, the status of water rights application, and the general
location and size of the proposed pipe and other major appurtenances for
development of community or public systems. The description shall also
include improvements for fire protection.
(4) A description of the sanitation facilities which shall include the method
of sanitation, and where applicable, the location of community on -site
sewage waste disposal systems, location of soil log holes, percolation
-20-
26jh041183
2,0.85.204
rate data, and the general location and size of proposed pipe and other
major appurtenances. Where on -site sanitation systems are proposed,
the applicant shall provide evidence demonstrating the suitability
therefor of all lots or any single lot. Percolation tests shall be
performed by a licensed perc tester.
(5) One copy of the water and sanitation information, particularly the soil
log hole and percolation rate data, is recommended to be submitted
directly to the Health Department prior to submittal of the planned unit
development.
(6) Preliminary drainage and road studies consistent with the requirements
of Whatcom County drainage and road standards.
(7) The proposed method of providing long term maintenance of
improvements or facilities, including roads and sidewalks, drainage, on-
site fire protection improvements, water and sanitation systems, and
community or public open space. The purpose of this sub - section is to
generally identify the method of maintenance and not to require detailed
agreements.
(a) If to be maintained by a governmental jurisdiction or existing
water association, a letter from the jurisdiction or association
shall be submitted specifying acceptance of maintenance
responsibility and indicating the conditions, if any, upon which the
acceptance is contingent.
(b) If the maintenance is to be provided privately, the developer shall
indicate the organization to provide the maintenance and the
method and approximate amount of funding required therefor.
(8) Additional information, in the form of detailed studies or surveys, as
may be reasonably required by the county if any portion of the site of a
proposed PUD is within an unsuitable land area as defined by WCC
20.97.443. This information should be identified to the applicant at a
pre - application conference.
-21-
26jh041183
20.85.300
301
PLANNED UNIT DEVELOPMENT PROCEDURE
PLANNED UNIT DEVELOPMENT PROCEDURE
AND APPROXIMATE PROCESSING TIME
PREAPPLICATION CONFERENCE `
• Tech. Committee �''•`
• SEPA Offical ''•,,
OPTIONAL COUNTY COUNCIL
I REVIEW(21 Days)
APPLICATION SUBMITTAL °�,
Written and Graphic
S.E.P.A. REVIEW (14 Days +)
AGENCY REFERRAL (30 Days)
TECHNICAL COMMITTEE (21 -28 Days)
BUILDING AND CODES ADMINISTRATION STAFF REPORT (14 Days)
HEARING EXAMINER PUBLIC HEARING (28 Days)
INITIAL APPROVAL BY COUNTY COUNCIL (21 Days)
INSTALLATION- OF IMPROVEMENTS
FINAL REVIEW AND APPROVAL
30 Days Upon Receipt of Final P.U.D. Plan
PROJECT DEVELOPMENT
26jh041183 -22-
Up To
3 Years
Up To
7 Years or
Pre - Agreed
Schedule
20.85.305
.305 Preapplication Conference.
(1) An applicant shall request a preapplication conference to be held prior
to submission of an application and which should take place prior to any
detail work. The developer or his representative shall be prepared to
present to the Technical Committee and the SEPA Official conceptual
sketches which contain in rough and approximate manner adequate
information to describe the proposal in relation to topics listed below.
The conference shall jbe held fourteen (14) days after the4aweau --af
Buildings and Code - receives sufficient copies of information from the
applicant to distribute to the Technical Committee and the SEPA
Official. All information-presented by the developer shall be considered
confidential.
The purpose of the conference is to enable the developer to consult with
the Technical Committee and SEPA Official. as to the intent, standards
and provisions of this Title, other applicable land use controls, and SEPA
as they apply to the proposed project.
It is also the purpose of this conference to identify as many potential
problems and opportunities as possible in order for the application to be
processed without delay or undue expense. Discussion will include the
following topics:
(a) County comprehensive plan;
(b) zoning;
(c) Shoreline Master Program;
(d) any adopted street and road plan and /or program;
(e) availability of water and sanitation;
(f) storm drainage;
(g) development and design concepts, including phasing and open
space;
(h) sidewalk requirements;
(i) bike paths and internal pedestrian system;
-23-
26jh041183
20.85.305
(j) public transportation requirements;
(k) off -site requirements such as sidewalks, street lights, traffic
signals, utilities or improvements of adjacent streets;
(1) fire protection;
(m) maintenance provisions;
(n) known hazards and additional information as required by WCC
20.85.204(8) including any required approvals by Department of
Ecologv for projects located within flood control zones;
(o) environmental impact to the development and other issues related
to SEPA requirements;
(p) other county requirements and permits;
(q) identification of other local, state and federal agencies which
may also have jurisdiction; and
(r) identification of adjacent lands owned by the applicant and
possible future development thereof.
(2) The applicant may request the Buildings and Code
Administrator to forward the information to the County Council for
review and discussion purposes.. The Council review shall take place
within twenty -one (21) days after the preapplication conference with
staff. Upon receiving said request, the Buildings and Code
Administrator shall obtain from the applicant:
(a) Sufficient copies of the information submitted pursuant to WCC
20.85.305(1) to distribute to all members of the County Council;
and
(b) Stamped envelopes addressed to the applicant and all property
owners, based on latest equalized tax rolls, within 300 feet of the
contiguous property owned by the applicant on which the
development is to be located.
The Buildings and Code Administrator shall then forward the submitted
information and summary of the comments and concerns made by staff
-24-
26jh041183
20.85.305- 20.85.320
to the Clerk of the Council. The Clerk shall schedule an open meeting
with the Planning and Development Committee of the Council, and mail
a notification to the applicant and property owners no less than 10 days
prior to the meeting's occurrence. The meeting may address any of the
issues identified in WCC 20.85.305(a) to (r) or any other pertinent
issues. It is the purpose of this meeting to identify potential concerns in
order to assist the applicant to ascertain the general feasibility of
his /her proposal for the particular area the proposal would be located.
(3) Preapplication reviews as provided by this section shall not be construed
to bind either the applicant or the County in any respect. Further, the
information requested at the preapplication conference for application
submittal shall not preclude the County from requiring additional
information or clarification of materials after submittal.
.310 SEPA Review. The SEPA Official shall process all planned unit developments
consistent with the requirements of Chapters RCW 43.21C and WAC 197 -11 as
well as the Whatcom County SEPA Ordinance. The SEPA process shall be
integrated as part of the project review process. The SEPA Official shall make
the threshold determination at the earliest time when the principal features of
a proposal and its environmental impacts can be reasonably identified.
.315 Application Submittal. The applicant shall submit required fees, and sufficient
copies of the maps, written data and supplemental information required by
WCC 20.85.200 to the Buildings and Code Administrator in order to distribute -
copies to pertinent agencies. No application shall be accepted unless it
complies with the requirements of this Chapter and the applicant attests by his
signature to the correctness of the information submitted. Applications which
are found to be seriously deficient shall be returned to the applicant within ten
(10) days of submittal and the application fee refunded.
.320 Application Distribution and Review. The Buildings and Code Administrator
shall mail a notice to agencies potentially having interest, jurisdiction or
expertise releveant to the application within five (5) days after receipt of the
-25-
26jh041183
20.85.320- 20.85.335
application. Such agencies receiving applications for review shall be given up
to thirty (30) days to respond, or the Buildings and Code Administrator, SEPA
Official, and the Technical Committee shall conclude that the reviewing
agency has no interest in the application, and may make such findings,
conclusions, or requirements as deemed reasonable, consistent with the
requirements of this Title.
.325 Technical Committee. Upon the issuance of a Declaration of Non - Significance
(DNS) or Draft Environmental Impact Statement (DEIS), or, if a DNS or DEIS is
completed, after receipt of all agency comments pursuant to WCC 20.85.320,
the Technical Committee shall convene in an open meeting to discuss with the
applicant and any other interested persons each Committee member's
recommendation to the Buildings and Code Administrator. Each member shall
recommend either approval, approval with conditions, denial, or further
modifications or corrections to the application. The recommendation from
each member shall be written and submitted to the Buildings and rode
Administrator within seven (7) days, and shall clearly address those factors to
be considered by the Hearing Examiner as identified in WCC 20.85.335 which
are within the expertise and responsibility of such member and, where
appropriate, proposed conditions for approval; or shall clearly indicate all
deficiencies of the application requiring modification or correction.
.330 Buildings and Code Administrator. Within fourteen (14) days after receiving all
written input from the Technical Committee and verifying its sufficiency, the
Administrator shall forward the application and staff report to the Hearing
Examiner to schedule for public hearing, and shall assemble a recommendation
based on the contributions of the Technical Committee, and other county and
non - county agencies. The recommendation shall be in writing and contain
relevant data and proposed findings. Upon submission of the report to the
Examiner, copies shall be mailed to the applicant and made available to any
interested party.
.335 Hearing Examiner. The Hearing Examiner shall hold the public hearing on
behalf of the County Council in the manner required by WCC 20.92.300, and —
26jh041183
-26-
20.85.335
provide written public notice consistent with the requirements for major
development permits as provided in WCC 20.88.225. The Examiner shall
recommend project approval, approval with conditions, or denial, based upon
written findings and conclusions supported by the evidence of record. The
recommendation shall determine the adequacy of a planned unit development
application based on the following criteria:
(1) Conservation of natural elements and features;
(2) Harmony of selected uses to each other;
(3) Grouping and design of buildings, service, parking areas, circulation and
open space as an integrated unit such that a safe, efficient and
convenient PUD is created;
(4) Harmony of the proposed PUD with the existing and proposed
characteristics of its surroundings, with emphasis and due consideration
given to air, water and soil pollution, flood protection, and aesthetics;
(5) Conformance with the policies, goals and objectives of the
comprehensive plan;
(6) Adequate provision of utilities and circulation to serve the project and,
where appropriate, contribute to the overall development of urban areas;
(7) The exceptions granted by this Chapter are warranted by creative design
utilizing good design principles and provision of amenities incorporated
in the planned unit development and its program;
(8) That the system of ownership, and means of developing, preserving and
maintaining open space and other common facilities is acceptable to the
County; and
(9) Where expanded land uses as allowed by WCC 20.85.053 are requested
for an application, the criteria of WCC 20.85.054 is met, and where a
phasing plan is proposed, the criteria of WCC 20.85.117(3) is met.
-27-
26jh041183
20.85.335- 20.85.345
(10) Promotion of creativity and affordability in residential, commercial, and -
industrial development.
.340 County Council. The County Council shall meet to consider the Hearing
Examiner's recommendation within twenty -one (21) days of receipt thereof, at
which time it may:
(1.) approve or disapprove the recommendation, or remand the matter to the
Hearing Examiner with instructions; or
(2) in the event the Council wishes to consider enacting a significant change
that does not arise from the record, hold its own public hearing, after
giving notice thereof, and approve or deny the planned unit development
based upon its own findings and conclusions.
The Council's decision shall be based upon the official record, WCC 20.85.335
and other applicable law.
.345 Burden of Proof. With respect to any finding of fact required for planned unit
development approval by this Title, the burden of proof for submitting to the
public hearing record evidence, studies and plans sufficient to support an
affirmative finding of fact lies with the applicant.
(1) Prior to public hearing, any deficiency within the application with regard
to necessary data or compliance with design requirements shall be
brought to the notice of the applicant, in writing, by the Buildings and
Code Administrator, who shall request that the required information be
submitted within a reasonable period of time. Failure to make a timely
response may result in a return of application.
(2) If the Hearing Examiner determines after public hearing that the record
established by the applicant does not support an affirmative finding of
fact with respect to any element necessary for PUD approval, he shall
do one of the following:
26jh041183 -28
20.85.345- 20.85.350
(a) Recommend denial of the planned unit development;
(b) Recommend partial approval of a phased planned unit
development;
(c) Recommend PUD approval, subject to conditions sufficient to
mitigate any problems created by the absence of a material
finding; or
(d) With the consent of the applicant, remand the application to the
Technical Committee for further review.
(3) If the County Council concludes that the record before it is, deficient
with respect to any finding of fact necessary to support PUD approval, it
may take final action in manner provided in subsection (a) through (c)
above, remand the matter to the Technical Committee or the Hearing
Examiner, or hold its own public hearing to receive new evidence,
studies or plans.
.350 Scope of Initial Planned Unit Development Approval.
(1) Once the planned unit development receives initial approval pursuant to
WCC 20.85.340, all persons and parties, their successors, heirs, or
assigns, who own, have, or will have by virtue of purchase, inheritance or
assignment, any interest in the real property within the proposed PUD,
shall be bound by the conditions attending the approval of the
development and the provisions of this Chapter.
(2) Minor adjustments may be made and approved by the Buildings and Code
Administrator, upon consultation with the Technical Committee, and are
those adjustments which may affect the dimensions, location or type of
improvements of facilities; provided the amendment maintains the basic
character of the PUD application approved by the County Council
including general type and location of dwellings and other land use
activities, arrangement of buildings, density of the development, and
-29-
26jh041183
20.85.350- 20.85.355
provisions of the project to meet density bonus and open space
requirements; and provided further the standards of this Chapter are
met.
(3) Major adjustments are those which, in the opinion of the Buildings and
Code Administrator, upon consultation with the Technical Committee,
substantially change the basic design, density, open space or other
requirements of the Planned Unit Development. When a change
constitutes a major adjustment, no building or other permit shall be
issued without prior review and approval by the County Council of such
adjustm ent.
.355 Initial Approval Time Limits.
(1) The applicant shall have three (3) years from the date of Council action
to submit the final application pursuant to WCC 20.85.365.
(2) The applicant may file a written request with the Buildings and Code
Administrator at least thirty (30) days before the expiration of this three
(3) year period for approval of a single one -year extension. The
extension shall be granted by the Buildings and Code Administrator upon
a showing of a good faith attempt to submit the final planned unit
development within the three (3) year period. If the final planned unit
development is not approved within the total time provided, the initial
planned unit development approval shall become null and void.
(3) In the event that the Buildings and Code Administrator denies the
extension request, his decision shall be reviewed by the County Council,
which shall either uphold the Administrator or grant the request.
(4) In the event the time limits are exceeded, the PUD approval shall expire
and no further improvements allowed until another approval is obtained
consistent with the requirements of this chapter.
-30-
26jh041183
20.85.360
.360 Installation of Improvements. Upon receipt of initial approval, the applicant
may proceed with the installation of improvements required by the planned unit
development pursuant to the following:
(1) The applicant shall submit detailed engineering plans developed
consistent with adopted county standards for the construction of roads,
bridges, utilities, drainage works, and other required improvements. In
addition, the applicant shall also submit a land alteration control plan
consistent with adopted land alteration standards.
(2) Land alteration and construction activities shall commence only when
the land alteration control plan and engineering plans for the appropriate
improvement have been approved by the County Engineer and by any
other departments or agencies having jurisdiction. The County Engineer
shall act on the plans within fourteen (14) days after acceptance of a
completed set of plans from the applicant.
(3) All improvements shall be built to applicable standards in force at the _
time of initial PUD application submittal.
(4) All construction of water and sewer systems shall be done under
supervision of a licensed civil engineer. The County Engineer may waive
this requirement.
(5) Any condition of initial approval requiring accomplishment of such
improvements as drainage or development of the source of water supply
prior to other construction shall be strictly complied with, and no other
construction shall proceed until any such condition is discharged to the
satisfaction of the County Engineer, Health Department, or other
agency, as indicated in the condition.
(6) Where facilities or improvements are proposed to be maintained by
leasees, renters or property owners, a workable organization shall be
established to guarantee maintenance of such facilities.
-31-
26jh041183
20.85.365
.365 Final Review and Approval.
(1) Upon completion of the improvements and meeting appropriate
conditions as required by the initial planned unit development approval,
the applicant shall submit:
(a) A revised planned unit development site plan and written
information containing specific information required in WCC
20.85.202 and 20.85.203. The revised site plan and written
information shall reflect those changes to the development as a
result of initial PUD approval and subsequent approved
modifications;
(b) If the proposal includes energy conservation and /or renewable
energy source, than information required in WCC 20.85.108(2)
shall be provided.
(c) Written certifications from appropriate local agencies indicating
the installation of required improvements and compliance with
relevant conditions.
(2) Within thirty (30) days after receipt of a completed set of revised site
plans and written information, and written certifications, the Buildings
and Code Administrator shall approve the planned unit development
request when it finds that:
(a) The PUD information has been appropriately updated;
(b) Adequate maintenance provisions for private facilities and
improvements have been established;
(c) All relevant conditions have been met; and
(d) All required improvements have been installed or adequate
securities have been provided for development.
-32-
26jh041183
20.85.365- 20.86.370
(3) Upon approval of the planned unit development pursuant to this section,
the applicant may begin construction of the project in compliance with
the approval. If no construction is initiated within seven (7) years then
the approval shall be null and void unless the Buildings and Code
Administrator finds extenuating circumstances or in accordance with a
pre- agreed upon schedule of phasing.
.370 Control of the Development after Completion. The final development plan
shall continue to control the planned unit development after it is finished and
the following shall apply:
(1) The building official in issuing a certificate of completion of the planned
unit development shall note the issuance on the filedd final development
plan.
(2) After the certificate of completion has been issued, the use of the land
and the construction, modification or alteration of -a building or
structure within the planned unit development shall be governed by the
approved final development plan.
(3) After the certificate of completion has been issued, no change shall be
made in development contrary to the approved final development plan
without approval of an amendment to the plan except as follows:
(a) Minor modifications of existing buildings or structures may be
authorized by the Buildings and Code Administrator, upon
consultation with the Technical Committee, if thev are consistent
with the purposes and intent of the final plan.
(b) A building or structure that is totally or substantially destroyed
may be reconstructed without approval of an amended planned
unit development if it is is compliance with the purpose and
intent of the final development plan.
-33-
26jh041183
20.85.370- 20.85.375
(4) An amendment to a completed planned unit development may be
approved if it is consistent with the planned unit development, or if it is
appropriate because of changes in conditions that have occurred since
the final development plan was approved or because there have been
changes in the development policy of the community as reflected by the
comprehensive plan or related land use regulations.
(5) No modification or amendment to a completed planned unit development
is to be considered as a waiver of the covenants limiting the use of the
land, buildings, structures and immprovements within the area of the
planned unit development, and all rights to enforce these covenants
against any change permitted by this section are expressly reserved.
(6) In the event the applicant shall seek an amendment to the application,
and it is the determination of the Buildings and Code Administrator,
upon consultation with the Technical Committee, that such amendment
exceeds the scope of final approval, a public hearing shall be held by the
Hearing Examiner as provided by WCC 20.85.335 herein.
.375 Enforcement. After final review and approval, as provided by WCC 20.85.365
herein, the Buildings and Code Administrator shall enforce, or cause to be
enforced, the provisions of this ordinance as follows:
(1) Stop Orders. Whenever any work or action is being done contrary to the
provisions of this ordinance, the Buildings and Code Administrator may
order the work or action stopped by notice in writing served on any
persons engaged in the doing or causing such work or action to be done;
and any such persons shall forthwith stop such work or action until
authorized by the Administrator to proceed with the work or action;
(2) Permits. No buildings, occupancy or other permit shall be issued or
granted for the construction of any building, structure or improvement
to the land, or for the use of any building or structure or improvement to
the land, until all requirements of this ordinance have been complied
with;
-34-
26jh041183
20.85.375- 20.85.402
(3) Security. In the event of non - compliance with the terms of this
ordinance, the Buildings and Code Administrator may require the
applicant to furnish assurance of compliance upon such terms and
conditions as the Administrator deems appropriate including, but not
limited to, the posting of a surety bond or other sufficient security;
(4) Equitable relief. Whenever any building, structure, or improvement to
the land within a PUD is used in a manner, or for a purpose, which
violates any provision of this ordinance, or any provision of state or local
law, or any term or condition of PUD approval, then the County may
commence an action to restrain and enjoin such use and compel
compliance with the provisions of this ordinance, state or local law, or
such terms and conditions. The costs of such action shall be taxed
against the violator.
(5) Penalty. Any person, firm or corporation who constructs any building,
structure, or improvement to the land, or any portion thereof, in
violation of the provisions of this ordinance, shall be guilty of a gross
misdemeanor.
20.85.400 FEES
.401 The fees for a planned unit development application shall be the same as the
fees for a rezone request (WCC 20.90.210) for the zone designation which
coincides with the underlying zoning for a site. Where a project site is within
more than one zone district, the higher rezone fee shall apply. For example, if
a proposed planned unit development is located in an Urban Residential (UR)
District, the fee shall be the same fee as for a zone change to the UR district
specified in WCC 20.90.210(1). If the proposal is within the UR and Light
Impact Industrial (LIT) districts, then the fee shall be the fee for a rezone
request to LIT as specified in WCC 20.90.210(4).
.402 A fee of $100.00 shall be submitted by any applicant requesting a
preapplieation conference. This is a non - refundable fee which shall be credited
-35-
26jh041183
20.85.402- 20.85.403
to the fees required for processing a planned unit development request upon
formal submittal of an application.
.403 Where a planned unit development application is being processed concurrently
with a conditional use or major development permit, substantial development or
shoreline conditional use permit, or any permit required by the subdivision
ordinance, then the total permit fees shall be reduced by twenty -five percent
(2596). This fee reduction shall exclude any fees required for environmental
checklists or preparation of Environmental Impact Statements.
26jh041183 -36-
EXH/8 /7- �l «
June 27, 1984
File Ref: ZT 11 -83
WHATCOM COUNTY PLANNING AGENCY REPORT
PLANNING COMMISSION RESOLUTION
IN THE MATTER OF AMENDING THE )
OFFICIAL WHATCOM COUNTY ZONING) FINDINGS, REASON
ORDINANCE, TITLE 20 TO ESTAB- ) AND MOTION
LISH A CHAPTER FOR THE REVIEW }
AND PROCESS OF PLANNED UNIT )
DEVELOPMENTS )
WHEREAS, pursuant to Revised Code of Washington (RCW)
36.70.550 the Planning Agency has determined that the
preparation of official controls in the form of a Planned
Unit Development Ordinance wil-1 further the objectives and
goals of the Whatcom County Comprehensive Plans; and
WHEREAS, a working committee of representatives from the
design profession, real estate and home building industries,
Port District, and representatives from the Whatcom County
Planning Commission and County Council prepared a draft
Planned Unit Development (PUD) Ordinance, as an amendment to
the Official Whatcom County Zoning Ordinance; and
WHEREAS, the Planning Department introduced the draft
Planned Unit Development Ordinance to the Planning
Commission on December 6, 1983, and the Commission
established a public hearing date on February 21, 1984; and
WHEREAS, a public review period from December 12, 1983 to
February 21, 1984, was held on said draft with notices
being sent to interested parties and local media throughout
the county; and
WHEREAS, pursuant to RCW 43.21C and Washington
Administrative Code (WAC) 197 -10, a Final Declaration of
Non - Significance was issued by the Deputy SEPA Official on
January 31, 1984; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was
published in the Westside Record Journal on February 8,
1984, and in the Bellingham Herald on February 10, 1984; and
WHEREAS, the Planning Department reviewed the proposed
amendment and submitted a staff report dated February 9,
1984 (see Attachment "A "); and
WHEREAS, the Planning Commission conducted a public hearing
on February 21, 1984, and left the record open to accept
written testimony until March 2, 1984; and
WHEREAS, the Planning Commission conducted work sessions
upon this matter on April 17, April 24, May 8, June 5,
and June 27, 1984; and
WHEREAS, the Planning Commission has now concluded its
hearings and considerations;
NOW, THEREFORE, THE COMMISSION ENTERS THE FOLLOWING
FINDINGS, REASON AND MOTION:
Findings of Fact and Reasons for Action:
1. Said amendment to Title 20 is in the public interest
since it would:
a. provide mutual benefits to the general public and
project proponent by utilizing innovative and
efficient land use and design by permitting greater
flexibility in zoning requirements than is
generally permitted by other Chapters of the
Official Whatcom County Zoning Ordinance while
providing the expeditious handling of projects; and
b. encourage creative and coordinated site planning,
the conservation of natural elements, features and
energy, the use of mixed use developments, the use
of new technologies and techniques, and the
efficient layout of streets, utility networks and
other public improvements; and
C. encourage the creation of permanent open space, and
the provision of more useable and suitably located
recreation facilities and other public and common
facilities than would otherwise be provided under
conventional land development procedures; and
d. encourage development that provides a variety of
living, working and recreational environments in a
manner harmonious with surrounding on and off -site
land use activities; and
e. move toward the attainment of the goals and the
implementation of the policies of the Comprehensive
Land Use Plan; and
f. establish standards and procedures to be employed
in land development and is consistent with the
provisions of RCW 36.70.560(4) pertaining to
appropriate official controls.
2. At this time the Planning Commission finds that it is
premature to allow planned unit developments in the
Agricultural Zone District. The appropriateness of
applying said provisions in the Agruicultural District
should be addressed as part of the Lynden- Nooksack
Valley Subarea Planning Process.
Motion:
NOW, THEREFORE, BE IT RESOLVED:
1. That a majority of the Planning Commission moves and
recommends approval of an amendment to the Official
Whatcom County 'Zoning Ordinance, Title 20 establishing
a new chapter which provides standards and procedure
for the review of planned unit developments (see
Attachment "B ").
2. That the Chairman and Secretary are hereby directed to
place their signatures on this document and to transmit
the same together with aforementioned Attachment "A"
and "B" to the Whatcom County Council.
Done and passed by majority vote this 27th day of June,
1984.
WHATCOM-COUNTY PLANNING COMMISSION
airman
Secretary
ATTACHMENTS:
Attachment A - Staff'Report dated February 9, 1984
Attachment B - Planning Commission Second Draft of Planned Unit
Development Ordinance Dated June, 1984
EXHIBIT "3"
Chapter 20.92
of Ordinance No. 84 -79
HEARING EXAMINER
20.92.010 PURPOSE
20.92.010- 20.92.150
The purpose of this Chapter is to provide a system of considering and applying regulatory
devices which will best satisfy these three (3) basic needs:
(1) Need to separate the application of regulatory controls to the land from
planning.
(2) The need to better protect and promote the interest of the public and
private elements of the community.
(3) The need to expand the principles of fairness and due process in public
hearings.
20.92.100 HEARING EXAMINER OFFICE
.110 CREATION AND PURPOSE
The office of Hearing Examiner is hereby created. The Hearing Examiner shall act on behalf
of the County Council in considering the application of regulatory enactments to particular
situations as provided herein.
.120 DEPUTY HEARING EXAMINER
The Deputy Hearing Examiner shall assist the Hearing Examiner in the performance of the
duties conferred upon them by this Ordinance, and shall have all of the duties and powers of
the Hearing Examiner.
.130 NO INTERFERENCE WITH THE HEARING EXAMINER
No County official or any other person shall interfere with the Hearing Examiner or Deputy
Hearing Examiner in the performance of his or her designated duties.
.140 QUALIFICATIONS
The Hearing Examiner and his deputy shall be appointed solely with regard to their qualifica-
tions for the duties of their office, and shall have such training or experience as will qualify
them to conduct administration of quasi - judicial hearings on the application of regulatory en-
actments and to discharge other functions conferred upon them, and shall hold no other ap-
pointed or elected public office or position in the County government, except as provided in
this Ordinance.
.150 APPOINTMENT AND REMOVAL
The Hearing Examiner shall be appointed by a majority vote of the County Council. The
Hearing Examiner may be removed from office at any time by an affirmative vote of not less
than 2/3 of the members of the County Council. (Amended per WCC 20.04.080(1)(g))
20.92.200- 20.92.210
20.92.200 HEARING EXAMINER - DUTIES AND POWERS
.205 RECOMMENDED DECISIONS
The Hearing Examiner shall conduct public hearings and prepare a record thereof, and make
recommendations to the County Council for approval or disapproval of:
(1) Preliminary plats or proposed subdivisions including subdivision variances for
subdivisions of five (5) or more lots.
(2) Major development permits.
(3) Planned Unit Development applications.
(3)(4) Such other permits as may be required from the County along with (1) or, (2)
or (3) for a given project. Applications where a major development permit is
required shall be processed in the same manner as a major development
permit, and all other permits shall be processed in the same manner as subdi-
visions.
.210 FINAL DECISIONS
The Hearing Examiner shall conduct public hearings and prepare a record thereof and make a
final decision upon the following matters:
(1) Appeals from the decision of the planner or Technical Committee as set
forth in Whatcom County Code 8.28 for short plats.
(2) Appeals from any orders, requirements, permit, decision or determination
made by an administrative official in the administration of this Ordinance or
the Subdivision Ordinance, exclusive of long plat design and processing re-
quirements.
(3) Appeals from a decision of the administrator of the Shoreline Master
Program.
(4) Applications for Zoning Ordinance conditional use permits.
(5) Applications for variances from the terms of the Zoning Ordinance.
(6) Applications for planned unit developments.
(7) Applications for shoreline management substantial development permits.
(8) Applications for variances from the terms of the Whatcom County Shoreline
Management Program.
(9) Applications for Shoreline Management Program conditional use permits.
(10) Applications for flood damage prevention variances.
(11) Appeals from declarations of significance and final declarations of non -sig-
nificance.
20.92.215 -- 20.92.310
.215 PUBLIC HEARING NOTICE
Notice of the time and place of the public hearing shall be given as provided in the ordinance
governing the application.
.220 PUBLIC HEARING - SEPA
The Hearing Examiner shall hold a public hearing and prepare a record thereof for any public
hearing held pursuant to WAC 197 -10 -480 and Section 16 of the Whatcom County SEPA Ordi-
nance. The record of the hearing shall be forwarded to the Responsible Official together
with a summary of the environmental concerns raised in the hearing.
.225 RULES AND REGULATIONS
The Hearing Examiner shall. have the power to prescribe rules and regulations for the conduct
of hearings before him, subject to approval by the County Council; and also to issue summons
for and compel the appearance of witnesses, to administer oath and preserve order. The
opportunity of cross - examination of witnesses shall be afforded all interested parties or their
council in accordance with the rules of the Hearing Examiner.
.230 DEPAR'T'MEN'T' REPORTS
Upon request of the Hearing Examiner, County departments shall submit reports and recom-
mendations concerning any matter before him. County departments may at their discretion
submit a report and recommendation on anv other application or appeal. At least seven (7)
days prior to the scheduled hearing the report and recommendation should be filed with the
Hearing Examiner and shall be made available to any person.
.235 CHANGES IN LEGISLA'T'ION
The Hearing Examiner may recommend changes in legislation to the Planning Department or
Countv Council.
.240 ADDITIONAL POWERS
The Hearing Examiner may also exercise administrative powers and such other quasi - judicial
powers as may be granted by the County Ordinance.
.245 LIMITED JURISDICTION
The Hearing Examiner shall have no jurisdiction over any project that requires a legislative
action, such as but not limited to a rezone, a comprehensive plan map change, or a Shoreline
Management Act Master Program Amendment. All such projects shall be considered and pro-
cessed concurrent with and in the same manner as applications for legislative action. The
approval or denial of such projects shall be solely within the discretion of the County
Council.
20.92.300 RECOMMENDED DECISIONS TO COUNTY COUNCIL
.310 RECOMMENDED CONDITIONS - SUBDIVISION AND PLANNED UNIT DEVELOPMENT
APPLICATIONS
The Hearing Examiner's recommendations may be to grant or deny any subdivision or planned
unit development application, or the Hearing Examiner may recommend that the County
Council approve the application with such conditions, modifications or restrictions as the
Hearing Examiner finds necessary to make th
and carry out the objectives and goals of tl
Subdivision Code; or any other official policies
20.92.310- 20.92.440
application compatible with its environment;
Comprehensive Plan, the Zoning Code, the
and objectives of Whatcom County.
.320 RECOMMENDED DECISION - FINDINGS AND CONCLUSIONS
Each recommended decision of the Hearing Examiner, for planned unit developments, major
developments and subdivisions, shall be in writing and shall include findings and conclusions,
based upon the record, to support the decision. Such findings and conclusions shall also set
forth the manner in which the decision carries out and conforms to the County's
Comprehensive Plan and complies with the applicable statutes, ordinances or regulations.
.330 FILING RECOMMENDED DECISION
Each recommended decision of the Hearing Examiner, for planned unit developments, major
developments and subdivisions, shall be filed with the Clerk of the County Council. For
major development permits, a list of the parties of record as determined by the Hearing
Examiner should be filed with the recommended decision.
20.92.400 FINAL DECISIONS
.410 FINAL DECISION CONDITIONS - APPLICATIONS AND APPEALS
The Hearing Examiner's final decision on all applications or appeals shall either grant or deny
the application or appeal. The Hearing Examiner may grant the application or appeal subject
to conditions, modifications or restrictions that the Hearing Examiner finds necessary to
make the application compatible with its environment, and carry out the objectives and goals
of the Comprehensive Plan, the Zoning Code, the Subdivision Code, or other official policies
and objectives of Whatcom County. Performance Bonds or other security, acceptable to the
Prosecuting Attorney, may be required to insure compliance with the conditions, modifica-
tions and restrictions.
.420 FINAL DECISIONS - FINDINGS AND CONCLUSIONS
Each final decision of the Hearing Examiner shall be in writing and shall include findings and
conclusions, based on the record, to support the decision.
.430 TIME LIMITATION ON DECISION
Each final decision and recommended decision of the Hearing Examiner, unless a longer
period is mutually agreed to in writing by the applicant and the Hearing Examiner, shall be
rendered within ten (10) working days following conclusion of all testimony and hearings.
.440 REVIEW LIMITED
No final decision of the Hearing Examiner shall be subject to administrative or quasi - judicial
review, except as provided herein.
20.92:500- 20.92.640
20.92.500 PROCESS FOR SUBDMSION AND PLANNED UNIT DEVELOPMENT
APPLICATIONS AND MAJOR DEVELOPMENT PERMITS
.510 SUBDIVISIONS
The County Council shall process each recommended decision for subdivisions, consistent
with the procedure set forth in WCC 8.20.100.
.520 MAJOR DEVELOPMENT PERMITS
The County Council shall, upon receipt of the recommended decision on a major development
permit, process that recommendation in the manner set forth in the major development per-
mit chapter of this Ordinance (WCC 20.88).
.530 PLANNED UNIT DEVELOPMENTS
The County Council shall, upon receipt of the recommended decision on a planned unit
development application process the recommendation in the manner set forth in the Planned
Unit Development Chapter of the Ordinance WCC 90.85 20.92.600 APPEAL TO COUNTY COUNCIL
.610 The applicant, any party of record, or any County department may appeal any final
decision of the Hearing Examiner to the County Council.
.620 The appellant shall file a written notice of appeal within ten (10) days of the final
decision and shall serve notice of appeal upon all opponents of record, or applicants, as
the case may be. A fee of one hundred dollars ($100.00) shall be paid to the Bureau of
Buildings and Code Administration upon filing of any appeal; provided the appellant
shall also pay a transcript deposit fee and, upon completion of the transcript, an addi-
tional fee equal to the cost of the transcription. These fees shall not apply to appeals
initiated by a County department.
.630 TRANSCRIPT
(1) Upon receipt of the notice of appeal and seventy -five dollar ($75.00)
transcript deposit fee, the Office of the Hearing Examiner shall
forward immediately the notice of appeal to the Clerk of the Council;
and shall upon receipt of the transcription fee, file a written
transcription of the public hearing as soon as possible, together with
the entire record of the case, with the County Council; provided that,
all parties of record and the County Council agree, a summary of the
facts or an abridged transcript may be substituted. A request for a
summary of the facts or abridged transcription shall be in the form of a
petition to the County Council.
(2) A copy of the record of appeal shall be sent to the appellant and copies
shall be made available to all parties at a cost to be fixed by the
Hearing Examiner in the business rules.
20.92.640- 20.92.730
.640 WRITTEN AGRUMENT
(1) The appellant shall file a statement containing the appellant's basis for
appeal and argument. The statement and argument must be filed in
writing within fifteen (15) days of the filing of the record with the
Clerk of the County Council.
(2) Any argument or response by any person or entity opposing the appeal
must be filed in writing within ten (10) days of filing of the appellant's
written argument.
.650 TIME LIMITATION ON COUNTY COUNCIL
Within thirty five (35) days after the filing of the respondent's written argument, the County
Council shall issue a written decision together with findings of fact and conclusions of law.
This time limitation shall not apply when a remand procedure is initiated.
.660 APPEAL ON RECORD
The decision of the County Council shall be based solely upon the record and the written
argument that has been submitted by the parties. Oral argument may be scheduled at the
discretion of the County Council.
20.92.700 REMAND TO HEARING EXAMINER
.710 The County Council may within its descretion remand the case back to the Hearing
Examiner, if the Council finds:
(1) That new evidence is available that could effect the outcome of the
case and was not available at the first hearing.
(2) That the record, in whole or in part, is not sufficient for the Council to
make a reasoned decision on the appeal.
(3) That the decision of the Hearing Examiner should be reversed and that
additional information is necessary before a final decision can be made.
.720 REMAND ORDER
The remand shall be in the form of a written order and shall state .the specific areas to be
considered by the Hearing Examiner at the remand hearing. The remand hearing shall be
limited to the specific areas of concern stated in the remand order from the County Council.
.730 PUBLIC HEARING NOTICE
Upon receipt of the remand order, the Hearing Examiner shall set the matter for public hear-
ing. Such hearing shall be expedited to the extent that is practical, not to exceed twenty (20)
working days from receipt of the remand order. Notice of the hearing shall be given to the
applicant and all parties of record by mail at their last known address. No other notice is re-
quired.
20.92.740- 20.92.830
.740 FILING OF INFORMATION
The Hearing Examiner shall file the information requested in the remand order with the
Clerk of the County Council as soon as possible, but not to exceed fifteen (15) working days
from the date of the hearing.
.750 FINAL DECISION OF COUNTY COUNCIL
The County Council shall, within twenty -one (21) working days of filing of the information
from the remand hearing, issue their final written decision together with findings of fact and
conclusions of law.
20.92.800 COUNTY COUNCIL - FUNCTION IN HEARING EXAMINER PROCESS
.810 REVERSAL OF HEARING EXAMINER DECISIONS
The County Council shall affirm the decision of the Hearing Examiner unless a majority of
the entire County Council finds that the decision of the Hearing Examiner is:
(1) Based upon an error of law, or
(2) Clearly erroneous on the entire record.
.820 CONDITIONS
The County Council may, where their decision results in project approval impose, modify or
delete conditions upon the license, permit approval, variances or appeal, consistent with
WCC 20.92.310 and may exercise the powers granted therein. The decision of the County
Council shall be final unless appealed in the same manner as appeals from the Board of Ad-
justment to Superior Court, pursuant to RCW 36.70.890.
.830 NO INTERFERENCE WITH THE COUNTY COUNCIL
No individual or County official shall interfere with or attempt to interfere with the indivi-
dual Council members of the County Council in the execution of the quasi - judicial duties
they have assumed, pursuant to this Ordinance.
20.04.010 - 20.04.035
Exhibit "4"
Chapter 20.04
of Ordinance No. 84 -79
GENERAL PROVISIONS
20.04.010 STATUTORY AUTHORITY
This Ordinance is adopted pursuant to the provisions of RCW 36.70 which empowers a county
to enact a zoning ordinance and provide for its administration, enforcement, and amendment.
20.04.020 STATEMENT OF PURPOSE
The purpose and intent of the Title is to further the goals and policies of the Whatcom
County Comprehensive Plan by providing the authority for and procedures to be followed in
regulating the physical development of Whatcom County, through coordinating the execution
of both public and private projects with respect to all subject matters utilized for developing
and servicing land. The objective of this Title is to assure 'the highest standards of environ-
ment for living, and the operation of commerce, industry, agriculture and recreation; and to
assure maximum economies in order to conserve the highest degree of public health, safety,
morals, and welfare.
20.04.030 INTERPRETATION AND CONFLICT
In interpreting and applying the provisions of this Title, they shall be held to be the minimum
requirements for the promotion of public health, safety, convenience, order, morals, and gen-
eral welfare. It is not intended by this Title to interfere with, abrogate, or annul any ease-
ments, convenants or other agreements between parties; provided however, that where this
Title imposes a larger space than is imposed or required by other ordinance, rules or private
agreements, the provisions of this Title shall govern. In the event that uncertainty is deemed
to exist on the Official Whatcom County Toning Map, district boundaries shall be on section
lines; lot lines; the center lines of highways, streets, alleys, railroad right -of -way, or such
lines extended; municipal corporation lines; natural boundary lines, such as streams and topo-
graphy; the Ordinary High Water Mark (OHWM) of lakes, streams, and tidal waters subject to
Shoreline Management Program jurisdiction; or other lines to be determined by the use of
scales shown on said Map. Where a zoning district line purposely divides a land parcel, such
parcel shall be subject to the procedures and requirements of the respective districts as ap-
plied. In the event that districts are overlain by Shoreline Management Program designa-
tion(.), the most restrictive regulations of either the Shoreline Management Program or the
Official Whatcom County Zoning Ordinance shall apply.
20.04.035 ADMINISTRATIVE RESPONSIBILITIES
The Bureau of Buildings and Code Administration is responsible for the administration of this
Title. The Bureau shall act as a coordinating agent to ensure that the regulatory process is
expeditious, and shall recognize input provided by other departments having appropriate
expertise including: the Bureau of Engineering for solid waste, road, drainage and land
alteration; the Fire Marshal for fire related issues; the Bellingham-Whatcom County Health
District for domestic water, waste disposal and noise; and the Planning Department for land
use and general site design. All departments of county government shall cooperate fully with
the Bureau in the exercise of their duties relative to land use controls and regulations.
20.04.040- 20.04.060
20.04.040 TITLE
This Title may be cited as either:
(1) Official Whatcom County Zoning Ordinance; or
(2) Title 20, Whatcom County Code; or
(3) Whatcom County Zoning Code.
20.04.050 APPLICATION
This Title shall be applicable to those areas of Whatcom County where a Subarea Comprehen-
sive Plan has been developed, pursuant to the Whatcom County Comprehensive Planning Pro-
cess, and officially adopted by the Whatcom County Council, pursuant to RCW 36.70.400.
(1) For the area contained in the Cherry Point - Ferndale Subarea Comprehensive Land Use
Plan, this Title is adopted pursuant to Whatcom County Ordinance No. 81 -99 and is ef-
fective Secember 1.7, 1_981.
(2) For the area contained in the Lake Whatcom Subarea Comprehensive Land Use Plan,
this Title is adopted pursuant to Whatcom County Ordinance No. 82 -58 and is effec-
tive September 2, 1482. (Amended per W.C.C. 20.04.080(1)(a).)
(3) For the area contained in the Urban Fringe Subarea Comprehensive Land Use Plan,
this Title is adopted pursuant to Whatcom County Ordinance No. 84 -38 and is
effective April 23, 1984. (Adopted per 20.04.080(1)(h))
20.04.060 ESTABLISHMENT OF DISTRICTS
For the purpose of furthering the goals and policies of the Comprehensive Plan and to carry
out the provision of this Title, Whatcom County is hereby divided into the following districts:
Chapter
Abbreviation
District
20.20
UR
Urban Residential
20.22
URM
Urban Residential Medium Density District
20.32
RR
Residential -Rural
20.36
R
Rural
20.40
AG
Agricultural
20.42
F
Forestry
20.44
ROS
Recreation and Open Space
20.60
NC
Neighborhood Commercial
20.62
GC
General Commercial
20.63
TC
Tourist Commercial
20.64
RC
Resort Commercial
20.66
LH
Light Impact Industrial
20.67
GM
General Manufacturing
20.68
HII
Heavy Impact Industrial
20.70
AO
Airport Operations
(Amended per W.C.C. 20.04.080(1)(a),(h))
20.04.070- 20.04.080
20.04.070 ADOPTION OF DISTRICT ZONING MAPS
The boundaries and district classifications hereby established are shown on a map, and series
thereof, entitled the "Official Whatcom County Zoning Map." Such maps and all notations,
references, data, and other information shown thereon, are by reference made part of this
Title.
20.04.080 AMENDMENTS
Title 20 text and zoning maps were originally adopted as part of the Cherry Point - Ferndale
Subarea Comprehensive Land Use Plan. Subsequent text and map changes to Title 20 are as
follows:
(1.) Text Amendments
(a) Ordinance Number 82 -58, dated August 1q, 1.982, File Ref. No. ZMT 5 -81,
Amendment of Title 20 and Adoption of zoning text for the Lake Whatcom Sub-
area.
(b) Ordinance Number 82 -78, dated November 4, 1982, File Ref. No., ZT 6 -82,
Amendment of Title 20 pertaining to the Regulation of Non - Conforming Uses
and Parcels, Sections 20.83.060, 20.83.070, 20.83.071 and 20.83.072.
(c) Ordinance Number 83 -17, effective crate March 21, 1983, No file reference,
Amendment of WCC 20.97.450 pertaining to the definition of "front yard ".
(d) Ordinance Number 83 -31, effective May 2, 1983, File Ref. No. ZT 2 -839
Amendment of WCC Chapters 20.20, 20.22, 20.32, and 20.36 to allow temporary
dwellings for disabled family members as a conditional use.
(e) Ordinance Number 83 -32, effective date Mav 2, 1983, File Ref. No. ZT 4 -83,
Amendment of WCC 20.40.153 to reduce setback requirements for seasonal farm
labor housing and camping facilities.
(f) Ordinance Number 84 -23, effective date March 12, 1984, No file reference,
Amendment and Clarification of the scope of Ordinance Number 83 -31 (WCC
20.04.080(1)(d)) pertaining to temporary dwellings for disabled family members.
(g) Ordinance Number 84 -24, effective date March 12, 1984, No file reference,
Amendment of WCC 20.92.150 clarifying the appointment procedure for the
Hearing Examiner.
(h) Ordinance Number 84 -38, effective date April 23, 1984, File Ref. No. ZMT 4 -82,
Amendment of Title 20 and adoption of zone text for the Urban Fringe Subarea.
(2) Map Amendments
(a) Ordinance Number 82 -58, dated August 1.9, 1982, File Ref. No. ZMT 5 -81, Adop-
tion of zoning districts for Lake Whatcom Subarea.
(b) Ordinance Number 84 -10, effective date February 2, 1984, File Ref. No. ZM 8-
83, Adoption of Neighborhood Commercial Zone District for Sudden Valley.
20.04.080
(c) Ordinance Number 84 -38, effective date April 23, 1484, File Ref. No. ZMT 4 -82,
Adoption of zoning districts for the Urban Fringe Subarea.