HomeMy WebLinkAboutord1982-0781 ate: October 7, 1982 Introduced By: Hansey
2 Proposed By: Building & Codes
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5 ORDINANCE NO. 82 -78
6 AN ORDINANCE AMENDING WHATCOM
COUNTY CODE SECTIONS 20.83.060
7 AND 20.83.070 PERTAINING TO THE
REGULATION OF NON - CONFORMING
8 USES AND PARCELS.
g WHERFAS, Whatcom County has adopted a zoning ordinance codified as Title Twenty of the
10 Whatcom C*,Mty Code; and
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12 HEREAS, the Council has determined that certain provisions contained in that ordinance
13 which regulate nonconforming uses and parcels are unnecessarily burdensome and difficult
14 to administer; and
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16 JrHEREAS, the proposed changes to the ordinance are administrative in nature.
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18 NOW THEREFORE BE IT ORDAINED that sections 20.8.3.060 and 20.83.070 of the. Whatcom
19 County Code be amended and new section 20.83.071 to be added 'to read in their entirety as
20 follows:
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22 .060 Lots of record, existing on the effective date of adoption or amendment of this
23 Ordinance, or parcels created pursuant to WCC 20.83.070, which do not meet the
24 minimum area and /or width requirements of the zone district, may be developed with
25 permitted, accessory and conditional uses; provided:
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27 (1) That all other district standards are met; and
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29 (2) That, for parcels created pursuant to WCC 20.83.070 which subsequently do not
30 comply with the minimum area and /or width requirements of the applicable
31 zone districts, all previous lot boundaries not forming the overall parcel
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ORDINANCE - 1 -
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boundary shall be vacated pursuant to RCW Title 58 for platted lots, or by deed
restrictions approved by the Planning 'Director or his designee for unplatted
lots.
.070 Two or more lots of record which exist on the effective date of adoption or amend-
ment of this Ordinance, shall be considered to be. used and /or sold as one undivided
parcel consistent with the area requirements of the applicable district if all of the
following circumstances pertain, except as modified by sub - section .071 below:
(1) the lots are in one ownership;
(2) one or more of the lots in question do not meet the minimum area and /or width
requirements of the applicable zone district;
(3) the lots are not separated by intervening parcels of different ownerships;
(4) no more than one lot is developed with a legally established building at the
time this ordinance is adopted or amended making the parcels) in question non-
conforming;
(5) the lots in question are otherwise in compliance with the provisions of this
Ordinance; and
(6) at least five (5) years have passed since the date of final approval of the plat
pursuant to which the lots were created.
.071 The following formula shall be used to determine the maximum number of lots which
shall be permitted by the consolidation hereunder of substandard lots. This formula
is not applicable to satisfying the requirements of Chapter 20.89.
The total area of all the lots in question shall be computed and the sum there-
of .divided by the legal minimum noncluster lot size established for the zoning
ORDINANCE - 2 -
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district; provided that, if the result is a whole number plus a remainder, the
maximum number of lots permitted shall 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 lots permitted hereunder shall not exceed
the original total number of lots subject to consolidation under subsection .070
above.
.072 Any owner of lots subject to consolidation hereunder may apply to the Hearing
Examiner for relief from the provisions of WCC 20.83.070 on the grounds that such
requirements place an unreasonable burden upon the property affected. In evaluating
such a claim the Hearing Examiner shall consider the following factors:
(1) the pattern of existing development in the immediate vicinity of the subject
lots and the compatibility of the lot sizes requested with established and
prospective 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-
liance upon the original lot sizes; and
(4) any special features of the lots which distinguish them from other properties
characteristic of the zoning district.
Procedures, fees and notice requirements for applications made hereunder shall be
the same as those governing variances.
Passed this 4th day of November ,1982.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ORDINANCE - 3 -
William P. Roehl, Chairman
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ATTEST: A ' APPROVED ( ) VETOED
ow
John auws, aunty Executive
November 5, 1982
DATE
1 ished November 3 1982 and November 12, 1982
festive date: November 15, 1982
ORDINANCE - 4 -