HomeMy WebLinkAboutord1983-0061
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'! Date: December 16, 1982
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Intrgruced By; Hansey
Prop Ired By: Building Codes Dept
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ORDINANCE NO. M-
AN ORDINANCE TO CHANGE INN REGULATIONS
GOVERNING G NON- CONFORMI USES AND PAR-
CELS AS CONTAINED IN THE �' ATCOM COUNTY
INTERIM ZONING ORDINANCE Y AMENDING
WHATCOM COUNTY CODE SEq IONS 2.24.640.650
AND 2.24.640.670 AND BY ADD G A. NEW SECTIONS
2.24.640.660 AND 2.24.640.680
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WHEREAS, the Whatcom County Council has adopted a zoning ordinance codified as Title
Twenty of the Whatcom County Code which reguj tes land use in certain areas of the
county; and
WHEREAS, land use in those areas of the county jpot regulated under Title Twenty are
regulated by the Interim Zoning Ordinance Codified as Title Two of the Whatcom County
I Code; and
WHEREAS, the Council has determined that it is in t e public interest that the regulations
governing Non - Conforming Uses and Parcels containi;l in Title 2 be consistent with the re-
gulations governing Non - Conforming Uses in Title 20; Iand
WHEREAS, the regulation of Non - Conforming Uses � Parcel are administrative in nature.
NOW THEREFORE BE IT ORDAINED that sections 2.24.640.650 and 2.24.640.670 of the
Whatcom County Code be amended and new section 2. 4.640.660 amd 2.24.640.660 be added
to read in their entirety as follows:
.650 Lots of record existing on the effective date olI adoption or amendment of this Ord!-,
nance, or parcels created pursuant to WCC 2.,4.640.660 and 2.24.640.670, which do
not meet the minimum area and /or width requj`ements of the zone district, may be
developed with permitted, accessory and conditi Anal uses; provided:
ORDINANCE - 1 -
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1 (1) That all other district standards are m,t ; and
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3 (2) That, for parcels created pursuant to jp1CC 2.24.640.660 or 2.24.640.670 which
4 subsequently do not comply with the ��nimum area and /or width requirements
5 of the applicable zone districts, all jrevious lot boundaries not forming the
f overall parcel boundary shall be vacat' pd pursuant to. RCW Title 58 for platted
7 lots, or by deed restrictions approved 1 Py the Planning Pirector or his designee
8 for unplatted lots. f
10 .660 Two or more lots of record which exist on te effective date of adoption or amend -
11 ment of this Ordinance, shall be considered to be used and /or sold as one undivided
12 parcel consistent with the area requirementp of the applicable district if all of the
13 following circumstances pertain, except as r - dified by sub - section .670 below:
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15 (1) the lots are in one ownership;
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17 (2) one or more of the lots in question do :got meet the minimum area and /or width
18 requirements of the applicable zone d4trict;
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20 (3) the lots are not separated by intervenijg parcels of different ownerships;
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22 (4) no more than one lot is developed wl th a legally established building at the
23 time this ordinance is adopted or amenj�ed making the parcel(s) in question non -
24 conforming;
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26 (5) the lots in question are otherwise in compliance with the provisions of this
27 Ordinance; and
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99 (6) at least five (5) years have passed sinIfe the date of final approval of thi plat
30 pursuant to which the lots were create,.
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ORDINANCE - 2 -
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.670 The following formula shall be used to determine the maximum number of lots which
shall be permitted by the consolidation hereunder of substandard. lots.
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The total area of all the lots in questilr shall be computed and the sum there-
of divided by the legal minimum nonclrster lot size established for the zoning
district; provided that, if the result a whole number plus a remainder, the
maximum number of lots permitted IQ be increased by one lot if the re-
mainder equals or exceeds 50% of the minimum lot size set for the district, and
provided further that the number of lobs permitted hereunder shall not exceed
the original total number of lots subjec to consolidation under subsection .660
above.
.680 Any owner of lots subject to consolidation hereunder may apply to the Hearing
Examiner for relief from the provisions of i C 2..24.640.660 on the grounds that
such requirements place an unreasonable ipurden-upon,tho property affected.
In evaluating such a claim the Hearing gifaminep shall consider the follow-
ing factors:
(1) the pattern of existing development in the immediate vicinity of the subject
lots and the compatibility of the lot sops requested with established and pro-
spective uses;
(2) the suitability of the lots for construction of a type appropriate to the district;
(3) the nature and extent of improvements previously made by the owner in re -'
fiance upon the original lot sizes; and
(4) any special features of the lots which Ir tinguish them from other properties I
characteristic of the zoning district.
Procedures, fees and notice requirements for applications made hereunder shall be
the same as those governing variances.
ORDINANCE - 3 -
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Passed this 6th day
of January
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WHATCO COUNTY COUNCIL
WHATCO
COUNTY, WASHINGTON
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William P. fRoeh4 Chairman �-
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ATTEST:
APPR, ?VED O VETOED
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._'�`lt /r1lLfLL %
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Clerk of the Council
----7 John Louws y
, Count Executive
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APPROVED AS TO FORM:
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Jaz uary 7, 1983
DAT
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Bru e . Disend, Civil
Deputy Prosecuting Attorney
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Published January 1, 1933
and January 14, 1983
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Effective date: January 17
1983
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Qii,DINANCE - 4 -