HomeMy WebLinkAboutord2001-002WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -343
CLEARANCES
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Date Received in Council 0 ue
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Assigned to:
;rococo: Sylvia Goodwin
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Introduction
...titan Nead: Sylvia Goodwin
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Planning and Developmen(Counci
D A Head: J.E. Ryan, interim
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Prosecutor : Koren Frahes
Pa masnaRadger
F udve: PewKremen
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OUD✓CU(: Urmnance adopting changes to rueitIncial whatcom County Loning Uramance, 20.K0.220- Permitted use ofsetback
areas language.
AI IACIIMENIJ:
(1) Proposed Ordinance
(2) Agency Report with Attached Test Changes
(3) Staff Report
(4) Planning Commission Minutes
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x' ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date:
The Council must hold a hearing iifthey want to change the Planning
SUMMARYSTA TEMENT: The request is to amend the text of this pro Vista n to Distribution Request
bw the location ofpropane tanks with capacities of up to 500gaQons within
,. dnt yard setbacks with provisions for aesthetics and safety, in addition to Aulwate those who should receive a copy after Council action.
requirements ojthe current Uniform Fire Code.
LW specie names to the right.
Staff recommends the adoption of the proposed ordinance implementing the
Planning Commission recommendation.
Examiner
2000 -343 9/2612000: Introduced
119/2001: Adopted 6-0, Imhof absent, Ord. #2001 -002
Contract #:
Ordinance or Resolutions umber
'+elated File Numbers: (File #ZON99- 000010). (this item): n2l) ,W 2MI
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 9/26/2000
ORDINANCE NO. 2001 -002
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, SECTION
20.80.220 TO ALLOW THE LOCATION OF PRPOANE TANKS WITHIN FRONT YARD
SETBACKS WITH PROVISIONS FOR AESTHETICS AND SAFETY AND REQUIREMENTS OF
THE UNIFORM FIRE CODE.
WHEREAS, The Building Services Division requested that a provision be added to WCC
20.80.220to allow for the placement of propane tanks with capacities up to 500 gallons within a front
yard setback, and
WHEREAS, The propane tanks are inspected and approved by the Whatcom County Fire
Marshal for compliance with Article 82 of the most current Uniform Fire Code, and when required,
be isolated from other uses by a non - combustible wall or fence, and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non -
significance on November 3,1999; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on November 4, 1999; and
WHEREAS, The Planning Commission held public a hearing on the proposed amendment
on November 18, 1999, and considered all testimony; and
WHEREAS, The Planning Commission recommended approval of the proposed text
amendments on November 18,1999; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact, Reasons for Action and Recommendation for the amendment; and
WHEREAS, the Council finds the amendments in the best interest of the public health,
safety, and welfare, based on the following findings and conclusions:
FINDINGS OF FACT
1. Legal notice for a public hearing was published in the Bellingham Herald on November 4,
1999.
2. A determination of non - significance was issued under the State Environmental Policy Act
(SEPA) on November 3, 1999.
3. A public hearing was held on the subject amendments on November 18, 1999.
4. The proposed amendments are consistent with the GMA, County Comprehensive Plan,
County-wide Planning Policies, and interlocal planning agreements.
5. The proposed amendments are in the best interest of the public health, safety, and welfare.
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CONCLUSIONS
The amendment conforms to the Whatcom County Comprehensive Plan.
2. The amendment would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown
in Exhibit One.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance
shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the
part so declared to be invalid.
ADOPTED this 9 day of January , 20021
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
i
Dana Brown- Davis, z. ward Neltso5, Co cil Chair
Clerk of the Council
APP OVED as to form (Jo Approved ( ) Denied
Civil Deputy Prosecutor a Kremen, Executive
Date: 6L_ f
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EXHIBIT ONE
20.80.220 Use of setback areas.
All setback measurements are minimum requirements. All front yard and rear yard
setback areas shall be open from side -to -side of the lot except as otherwise provided by the
following:
(1) Front Yards.
(a) Uncovered patios, driveways, walkways, vegetation, pools, recreation equipment,
and fences and walls up to four feet in height and propane tanks with fuel capacities up to
500 gallons may be placed in this front yard setback area subject to the limitations of WCC
20.80.210(3) regarding vision clearance and provided that the following applies:
be:
and
vehicular traffic.
(bb) Signs approved for use in a front yard area shall be subject to the limitations of
WCC 20.80.410 and /or WCC 20.80.215 as applicable.
(c 4) Fences, walls or vegetative hedges greater than four feet in height up to a
maximum of six feet in height may be located within the front yard setback area subject to the
limitations of WCC 20.80.210(3) regarding vision clearance and provided both of the following
applies:
(i) The additional height does not obstruct or impair visual corridors of
surrounding properties and sight distances of vehicular traffic;
(it) The additional height is determined by the administrator to be necessary in
order to provide security and /or privacy to the particular use activity by reason of one or more of
the following:
(A) The property's immediate location next to public access areas; or
(B) A determination by the administrator that the property and /or
its facilities and amenities are both attractive to the general public, and intended for the
exclusive use of its residents and /or patrons; or
(C) A determination by the administrator that the additional height
is needed to protect the public health, safety and general welfare.
(2) Rear Yards. Uncovered patios, driveways, walkways, vegetation, pools, recreation
equipment, open parking spaces, fences and walls up to seven feet in height, and structures
housing accessory uses in Urban Residential, Residential Rural, Rural and Agricultural Zone
Districts may be placed in the rear yard; provided, that an open space of at least eight feet is
maintained between any structure housing such accessory use and any other building on that lot.
(3) Side yards must be kept open; provided, that uncovered patios, driveways, walkways,
vegetation, pools, parking areas, recreational equipment, and fences and walls up to seven feet
in height may be placed in the side yard. (Ord. 99 -080, 1999).
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