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Date July 19, 1979 Introduced by
Muenscher
Proposed by Prosecuting Attorney
ORDINANCE NO. 79 -32
AN ORDINANCE IN THE MATTER OF AMENDING THE
WHATCOM COUNTY INTERIM ZONING ORDINANCE TO
CLARIFY AND UPDATE CERTAIN SECTIONS.
WHEREAS, the Department of Building and Codes
Administration and Planning Department proposed
several amendments to the Zoning Ordinance text
for clarification and to add additional sections on
vision clearance at intersections and parking for
the handicapped;
AND WHEREAS, the Planning Commission conducted
a public hearing on May 15, 1979 for these proposed
amendments;
AND WHEREAS, a final declaration of Non - Significance
was adopted on July 2, 1979, by the Whatcom County
Planning Department based on a completed environmental
checklist;
AND WHEREAS, on May 15, 1979, the Planning Commission
recommended adoption of the amendments to the Interim
Zoning Ordinance;
AND WHEREAS, the County Council believes it is in the
public interest to adopt the following amendments.
NOW, THEREFORE, BE IT ORDAINED AND ADOPTED AS FOLLOWS:
That the Whatcom County Interim Zoning Ordinance be
amended and codified as stated in Exhibit "A" attached and
incorporated by reference hereto. 11gg�ZZ99
DATED this 16th day of AugustqHATCOP?i COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Iti(�� L
Chairpers n
Attest: Joan Ogden
County Auditor & Ex- officio
Clerk L,-& the
C uncil
By �2
Deputy
APPR D AS TO FOF.D1
PHI.41P A: SERKA
Civil Deputy Prosecuting
Attorney
( ) APPROVED ( ) VETOED Date
COUNTY EXECUTIVE
.Published August 9, and August 27, 1979
May 15, 1979
File Ref: ZT 2 -79
FXHIR -IT A
Whatcom County Planning Commission
Proposed Zoning Ordinance Text Amendments
1. Whatcom County Code 2.24.100.101 - Deta.eked Garages, car-
ports, and detached buildings for the storage of home garden equip-
ment, home workshops, home greenhouses and other things normally
accessory to suburban residential uses.
2. Whatcom County Code 2.24.100.152 - Private non- commetc.iat
boat docks, launches, and ramps and 6.Zoate except on man -made eanatz
and in mat.inaa , whete they ate aceeee on y to tee.i.dent.idt ue eb .
3. Whatcom County Code 2.24.100.361 - Accessory buildings, in-
cluding barns and manure paddocks may be built to the side or rear
yard line provided a written mutual agreement of the abutting pro-
perty owners of the property lines affected be filed with the What-
com County Auditor. Attached gatagea and catpottb ate eone.ideted
ace eea oty bu.it.d.inge and may enjoy the 6.ive ( 5 ) 600t neat yard a et-
baeh ptov.ided the dwetting it4e.ts eongotmb to the Atandatd bu.itding
setback.
4. Whatcom County Code 2.24.100.501 - A minimum of five Ego
two (2) improved off street parking spaces shall be provided for each
dwelling unit. Floor area for garages and carports may be included
to meet this requirement. No maneuver aisles shall be required.
5. Whatcom County Code 2.24.270.351 - In an Agricultural Dis-
trict every lot shall have a front yard with a depth of not less
than fifty (50) feet, ptov.ided however, the Zoning 066icet may
waive this tequ.itement .ii new bu.i,td.ingb of add.it.ion4 ate .Zoea.ted
consistent with the 6o.Zt.ow.ing et.itet.ia:
(1 ) The new buitding4 on additions ate Zoea.ted along the
same building tine (4 ) o6 existing 4.t4 uetute4; Ptovided no 6utthet
enetoachment te4uU4;
(2 ) The pubtic interest, satiety and health ate pto.tec-ted
and
(3 ) The appt i.canz must demon4.ttate that this tocation is
nece44aty Got the economic viabitity and the continued o,petation o6
the agAicuttutat use.
6. Whatcom County Code 2.24.320.073 - Apartment units and mobile
home parks subject to all residential high medium density regulations.
7. . Whatcom County Code 2.24.510.090 - Limitation on uses. Every
use permitted shall be subject to the following conditions and limi-
tations; uses to.be established adjacent to any existing use of a
distinctly different classification or character shall be located
no closer than fifty (50) feet from the adjacent premises ptopetty
tine without a conditional use permit, and shall. provide facilities
necessary for the protection of the existing value and enjoyment of
the adjacent use, to the satisfaction of the Zoning Officer. The
Zoning Officer may require increased setbacks, construction of
fences, landscaping, vegetative screening, placing of embankments,
retention of natural vegetation or other techniques to create an ap-
propriate transition from the adjacent property line. The Zoning Of-
ficer's decision may be appealed to the Hearing Examiner.
8. Whatcom County Code 2,24.510.301 - For all other uses which
are to be located on a legal lot of record and which require a sew-
age disposal permit, the minimum lot area of permitted density shall
be in accordance with the Whatcom County Subdivision regulation and
with the Whatcom County Comptehensive Ptan.
9. Whatcom County Code 2.24.510.302 The minimum building site
area and width requirements shall be increased on steep slopes 4Zopes
o6 200 of mote in accordance with the following table, provided that
-2-
these add }t}exal requ- �Pemeets Faay be redueed er deleted by the Hear -
-ing Examinee upon presentat #en e€ detailed geendatlon plans prepaped
by a eexfipetaxt Engineering 6eelegist -i,b the Bureau o b Bu.i.td.ings and
Code Adm.in.iztrat.ion binds that such .increases ate necessary. The
Bu.i.td-i.ng Ob6:ic.ia2 may requite ptesentat.ion ob deta.i.ted boundat.ion
p.tans ptepated by a .t.ieensed engineer.
10. Whatcom County Code 2.24.600.620 - (New Section). A c.teat
vision area sha.t.t be maintained on the corners ob att property at the
intersection ob two streets, a street and an a.t.tey of a street and a
ra.i.tto ad .
(1) A c.tear vision area z ha.t.t consist o6 a tr.iangu.tar area,
two sides ob which ate. .tot .tine measured btom the cornet .intersection
o6 the street .tot .tines bor a distance z pee.ib.ied in 03 be.tow (where
the .tot has rounded cornets, the distance zha.t.t be measured Atom the
intersection o b those .tot tines extended) and the third side o b which
.is a tine across the cornet ob the .tot joining the non- .intetsection
ends ob the other two sides.
(2) A c.teat vision area zha.t.t contain no p.tanting, Bence,
wa.t.t, obsttaction, of tempotaty of permanent obzttuet.ion exceeding
two and % beet in height, measured Atom the top ob the curb ot,
where no curb existing, Atom the estab.t.ished street ee.ntet tine grade
except that trees exceeding this height may be .toeated in this area,
ptov,ided a.t.t branches and bo.t.iage ate removed to a height ob eight
(8) beet above the grade.
(3)
ateas:
be thirty
beet;
The 6otiow.ing measurements sha.t.t estab.t.ish e.teat vision
a. In a tes.identia.t zone, the minimum distance shat.t
(30) beet ot, at intersections .inc.tud.ing an a.t.tey, ten (10 )
b. In a.t.t other. zones, where yards ate tequ.ited the
minimum distance sha2.t be bibteen (15) beet, of at intersections .in-
c.tud.ing an a.t.tey, ten (.10) beet, except that when the ang.te o b .intet-
-3-
, .A
- - = _.......... . -- ..-
section between a street other than an attey is Less than Chitty
(30) degrees, the distance shah be twenty -4ive (251 fleet;
C. Whexe no yards axe tequi4ed, the minimum distance
shaft be as in ( b ) above. Buildings may be constxucted within the
cteat vision area ptovided that any pottion o6 the stxuctuxe within
the cteat vision area is mote than eight (8) beet above the top o6
the eutb of sheet centet tine g,,-.ade and is suppotted by not mote
than two columns not mote than eight ( 8 ) inches in diametet.
11. Whatcom County Code 2.24.620.920 - (New section).. Handicap
patking must be instatted in accotdanee with state tegutations. In
every patking .dot and garage provided to setve buildings which requite
handicap �aci. hies,. a minimum of one paAking apace and not Less than
twetve fleet six inches wide. The su45ace shah be bitm, stabte,
smooth, stip te.6istant and shah stope not mote than one in 50. A
symbol. oA ACCESS shah be painted on the s.tatt.
12. Whatcom County Code 2.24.660.650 -- The Hearing Examiner shall
have the authority to hear and decide, in conformity with this ordi-
nance, appeals from any order, requirement, permit decision or deter-
mination made by an administrative official in the administration or
enforcement of this ordinance where mote than one in.tetpnetat.i.on is
possibte provided; that such appeal shall be filed in writing within
twenty (20) days of the action being appealed.
13. Whatcom County Code 2.24.680 - Public Utilities, The provi-
sions of this ordinance shall not be construed to limit or interfere
with the installation, maintenance and operation of public utility
pipelines and eleetrle er tele"hone transmissien lines, railroads
(but not including switching yards or round houses); of maintenance
jacitities and necessaty o66ice space. provided that
Trunk utility lines, water storage reservoirs, pumping stations,
treatment plants, outfalls and substations shall require a conditional
use permit and shatZ be subject to a thteshotd de.texmination in ac-
cordance with the Whatcom County SEPA Otdinance.
14. Whatcom County Cade 2.24.760.552 - A major development is de-
fined as any development or project for which an Environmental Impact
Statement (EIS) is prepared as prescribed by County Ordinance imple-
menting the State Environmental Policy Act, and which has a e ®et eF
fa#r market valve development /cons.tnu.c.t.ion cost appAoved by the Bu.itd-
.ing 04 4 ic.iat, .inctud.ing the pAo petty coat at cu&Aent assessed vatue
aeeo&d.ing to the Aeeo&dz o6 the County A6z eszo t, exceeding two mil -
lion dollars established as of date of earliest application.
15. Whatcom County Code 2.24.840 - Definitions -
(a) Stteet - "The en-t.ite width between the &fight -o6 -way tine,& o�
every way 6o& veh.icuta& and pedeet&ian t&a66i.e and .inctudeA the
terems "road ", "h.ightky ", ".Zane ", "ptaee ", "avenue ", "attey" and
others z.im.itare designations."
(b) Mobile Home - "A dwelling designed for long -term human habi-
tation by one family, and having complete living facilities; con-
structed and fabricated into a complete unit at a factory and capable
of being transported to location of use on its own chassis and
wheels; identified by a model number and serial number by its
manufacturer and designed primarily for placement on an imper
manent feundation 400t.ing. A unit which was originally built as
a mobile home but which has substantially lost its-mobility through
being placed on a permanent feundatlex 400t.ing, and which wholly
meets state standards for such units, shall not be considered to
be a mobile home and shall be treated as a single family dwelling.
(adopted 7 -6 -72, amended 1- 23 -78) . A mob.i.Ze home is cona.idened
a s.ing-Ze- Sam.i.Z y dwe.Z.Z.ing So t the pu&pob e o4 this o&d.inanee on.Z y
when it is 4.ixed to a permanent 400t.ing and tongue and ax.Ze have
been temoved and zkiAt.ing .inzta.Z.Zed."
P
IN
Whatcom County Code 2.24.510.053 - One and two s.ingte family
dwellings pet each tot of 4eeo4d and the usual accessory uses,-pro-
vided such dwellings are located in the Suburban, Potential.Subur-
ban, Rural, Rural Farm, or Valley Region areas as shown on the
Comprehensive Plan Map, or in the Resort,,Medium Density Resort,
and Medium Density Residential areas within the area covered by
The Birch Bay Comprehensive Supplement. Untess add.it.ionat dwett.ing
units ate appto pA iate as s eeo nda4 y uses.
Whatcom County Code 2.24.510.074 - Dwellings incidential to.
a primary permitted use, provided such dwellings are occupied by
owners, immediate membeA og the 6am.ity, employees, or a caretaker
or watchman.
Pti:o4 to .issuance o6 a baitd.ing pexm.it jot an .inc.ident.iat
dwett.ing, the. owne4 o6 the .instant p4opexty shaft bite a deed 4e-
st4.ict.ion with The Whatcom County Aud.ito4 which p4ohibits tease
on sate of said dwett.ing without 6ixzt having secated the neeessaty
subdivision app4ovat 44om Whatcom County.
Whatcom County Code 2.24.600.656 - Access. Any Parking
area(z) shall be designed is such a manner that any veh4ete leav-
lag OF eatepteg.the papking area fpes or late a pebIle OF private
stpeet shall be tpaveltag la a terwapd Beet -lea. Aseese e-f drive-
ways ifeF parktsg. areas or- -loading spaces shalt be Ieeated to sseh
e way that any veh#e -le eateplag or leav#ag seek let shall be
eleaply visible gep a peasonable d#stanee to any pedestrian or
fetes +st apppeashtag the aseese or driveway €pem a pablts er
PfIvate stpeet, to have veh.ietes ente&ing the pubt.ic x.ights -o6-
way; state highways, county a4teA.ia.Cs and cottectou excepting
m.ino4 access roads t4aveting in a 6o4wa4d motion upon exit. This
4equi&ement shatt appty to pa4king areas oi. two ox tesb spaces
onty when exits ate on Mate Highways and majot county atte4.iat4
and cottectots. Ctea4 vision areas shatt be maintained at exits
to the same speci6icat.ions as attey- street .inte4seet.ions in pa4a-
g4aph .851. � ottow.ing .
■e
WHATCOM*COUNTY SBrA
Proposed Declaration of Non - Significance ( )
Final Declaration of Non - Significance (X)
Description of Proposal Whatcom County Interim Zoning Ordinance Chapter
2.24 text changes per Exhibit A.
Proponent: Planning Department, Buildings & Codes and Hearing, Examiner
Location of proposal N/A
Lead Department:__ _Planning Department
This proposal has been determined to not have a significant adverse
impact upon the environment. An EIS is not required under RCW 43.21C.030
(2) (c). This decision was made after review by the lead department
of a completed environmental checklist and other information on file
with the lead agency.
Proposed Declaration
Responsible Official
Position /Title
Date Signature
Final Declaration
Responsible Official Micheal E. Nicholson
Position /Title Planning Director
Date July 2, 1979 Signature
ev: 11/20/78
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