HomeMy WebLinkAboutord2001-012WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 2 S i In
CLEARANCES Date Dare Received in Council Office Agenda Date Assigned To
Ong. Dept.: Planning & Develop
09/132000
fiCil
•,SEP 13 2000
WHAT COO COUNTY
COUNCIL
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Introduction
Division Head :
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Dept. Head:
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Prosecutor:
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Budget:
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Bxecufive:
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SUBJECT- 1-30 Pit) WoaSESSQN
Ord. amending Title 20 revising standards for Home Occupations/ Cottage Industry 4/3 01 - P + .D
ATTACHMENTS 4/1 /01 - ftAB. tl'CA21NE1
SUMMARYSTATEMENT
Related County Contract #: Should the Clerk schedule a hearing? (Yal Y Requested Data 10/24/2000
Ordinance amending the Official Whatcom County Code, Title 20, to revise standards and approval process for home
occupations and cottage industries in various zoning districts
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN...
2C 2000 -2518 9112/2000: Introducod
10/10/2000: Held to 10/11 worksession and 1024 P &D
Committee and Council - wditen record held open to 1024
1/232001: Held to special P &D worksession 1130/01 Q
12:30 PM
3/1512001: Discussed in Special Pao worksession
4/3/2001: Discussed in Planning
4/1712001: Amended and adapted 5-1, Brenner opposed,
Crawford! absent, Ond, #2001 -012
-'slated File Numbers. Ordinance or Resolution Number (this item only):
OR.D.* 2001 -012
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 9/12/2000
ORDINANCE NO. 2001 -012
AMENDING THE OFFICIAL WHATCOM COUNTY CODE, TITLE 20, TO REVISE
STANDARDS AND APPROVAL PROCESS FOR HOME OCCUPATIONS AND COTTAGE
INDUSTRIES IN VARIOUS ZONING DISTRICTS
WHEREAS, the Whatcom County Comprehensive Plan Policy 2EE and 2EE -1 and related
Economic Action Item #8 and other action items call for revision to Cottage Industry and Home
Occupation rules to support small and cottage businesses in rural areas that impact productive
agricultural, forestry or mineral resource lands minimally and do not adversely impact neighbors or
the environment; and
WHEREAS, the allowable uses, types of business and hours of operation in the current
code are fairly broad and subjective and have resulted in complaints from neighbors; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non -
significance on May 12, 2000; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on February 10, 2000 and March 30, 2000; and
WHEREAS, The Planning Commission held public hearings on the proposed amendment
on February 24, 2000 and April 13, 2000 and considered all testimony and held an additional work
session on May 11, 2000;
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact, Reasons for Action and Recommendations for the amendment;
WHEREAS, the County Council held a public hearing on September 26, 2000 and
considered all public comments on proposed amendments to the Planning Commission
recommendation and a number of work sessions to consider amendments to the Planning
Commission proposal, and
WHEREAS, the Council finds the revised amendments in the best interest of the public
health, safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. Legal notice for a public hearing was published in the Bellingham Herald on February 10,
2000 and March 30, 2000.
2. A determination of non - significance was issued under the State Environmental Policy Act
(SEPA) on May 12, 2000.
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3. Comprehensive Plan Policy 2EE -1, 2EE, and 67K -1 and related Economic Action Item
#8 and Land Use Action item #7 call for revision to Home Occupation and Cottage
Industry rules to support small and cottage businesses in rural areas that minimally
impact productive agricultural, forest or mineral resource land and do not adversely
impact neighbors or the environment.
4. Under the existing regulations, the standards, requirements and process for approving
cottage industries and home occupations varies by zoning district, creating some confusion
and inconsistency in processing such applications.
5. The proposed revisions would create a more consistent and streamlined approval process
for cottage industries and home occupations, while ensuring public input on projects with the
potential to impact neighbors.
6. The proposed amendment is consistent with the GMA, Whatcom County Comprehensive
Plan, County-wide Planning Policies and intedocal planning agreements.
7. The proposed amendments are in the best interest of the public health, safety, and welfare.
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 1.
Section 2. The Ordinance will be reviewed in two years for administrative and fiscal impacts if the
Planning Commission feels it is appropriate.
Section 3. 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 17 day of April , 2001.
WHATCOM COUNTY. COUNCIL
TT T 1�NA C g C U , WASHINGTON
Dana Brown- Davis, 1 / L. alf s wou cil Chair
Clerk of the Council
APPROVED as to form
David Gr t, Civil Deputy Prosecutor
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Denied
(1 4)
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Date:dW/
Exhibit 1
Proposed amendments to Title 20 relating to Home Occupations and Cottage Industries
(Planning and Development Committee draft approved at March 15, 2001 work session)
1) The Definitions in Chapter 20.97 are amended as follows:
20.97.087 Cottage industry.
"Cottage industry" means a small licht industrial, commercial, or service operations, on a parcel
where the operator resides; frequently with an art or craft orientation or related to information
processing or to the natural resources of the area, which meets all of the following criteria. bleweveF,
it Fnay be of aRy type, se leng as
1) the size and scale of the operation is in keeping with the surrounding area and off -site impacts
are comparable in intensity to those generated by uses allowed in the zone.
2) Building size, lot coverage and number of employees shall be consistent with the standards of
each district. _
3) The use of the dwelling unit or accessory structure for the cottage industry shall be clearly
incidental and subordinate to its use for residential Purposes and the purpose of the applicable
20.97.180 Home occupation.
"Home occupation" means an occupation conducted in a dwelling unit; provided that:
1) No more than two on -she persons, other than family members residing on the premises, shall
be engaged in such occupation.
2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes by its occupants and not more than 25 percent of the usable
floor area of the dwelling unit shall be used in the conduct of the home occupation.
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3) There shall be no outside storage or change in the outside appearance of the building or
premises inconsistent with the residential character of the dwellino or neighborhood, OF Atha
fear eight square feet in area, nonilluminated and mounted on the property.
4) No traffic shall be generated by such home occupations in greater volume than would normally
be expected in the applicable zoning district and er is appropriate
for the road classification which serves the property.
Aany need for parking generated by the conduct of such home occupation shall meet the off -
street parking requirements as specked in this ordinance
front yard. At least one additional space shall be provided for each non- resident on -site
employee.
6) No equipment, of process or materials shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors or electrical interference beyond the property line detestable
or
outside the dwelling unit if conducted in a duplex or mufti - family structure in sufficient amounts
an exception is specifically granted by the Administrator.
10) The portion of the structure housing the Home Occupatioon shall comply with life /safety
regulations.
2) Chapter 20.32 Rural Residential is amended as follows:
20.32.130 Administrative Approval Uses
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roperty, is permitted. A larger siqn up to 32 square feet may be approved by the hearina examiner
as a conditional use.
(5) Seasonal employeess working less than 21 days Per year will not be counted as
employees if they are engaged in work directly related to agriculture or forestry.
20.32.150 Conditional Uses
(5) One nos flum nated a gn, not to e)(Geed four square feet in size, mounted an the property,
3) Chapter 20.34 Rural Residential Island is amended as follows:
20.34.130 Administrative Approval Uses
(3) In the event materials will be stored outdoors, the zoning administrator shall require
adequate landscaping, screening, or other devices in order that the material will not be visible by
(5) Seasonal employeess working less than 21 days per year will not be counted as
employees if they are engaged in work directly related to agriculture or forestry.
20.34.150 Conditional Uses
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(5) One nonilluminated sign, not to e)(Geed faw Squam feet n size, meunted an the Property,
4) Chapter 20.35 Eliza Island is amended as follows:
20.35.130 Administrative Approval Uses
WAY • rc
20.84.220
not exceed 10.000 square feet or 25% of the site, whichever is less.
(2) The parcel size shall not be less than one acre: provided that a smaller parcel may be
(4) One nonilluminated sign not to exceed four souare feet in size mounted on the property,
is permitted A larger sign up to 32 square feet maybe approved by the hearing examiner as a
conditional use.
5) Chapter 20.36 Rural is amended as follows:
20.36.130 Administrative Approval Uses
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land area used for buildings and outside storage or other uses related to the cottage industry shall
(5) Seasonal emoloveess working less than 21 days Per year will not be counted as
employees if they are engaged in work directly related to agriculture or forestry.
20.36.150 Conditional Uses
.161 Cottage industries employing no more than four people on -site, e• its de the other than family
members residing on the premises, conducted in a structure(s) other than the dwelling unit; provided
that in addition to the sendi ienaWse criteria found in WCC 20.97.087 and 20.84.220:
(1) The hearing examiner, at his discretion, may place limitations on the square footage
used in an existing or new structure used for a cottage industry and construction of new buildings
to house said activity shall not, in any case, exceed 2,500 square feet of total floor area. The total
(2) In the event materials will be stored outdoors, the hearing examiner may shall require
adequate landscaping, screening or other devices in order that the material will not be visible by
surrounding uses or roads.
(3) TFs6's gennml'nn shnilnet evened that nefmnlly expected in a Feside tia n 'nhboFheed
!A\ Deliveries Fnm tr ..Le le.e-J eF than nne to Y l en ty shall .. net nn • open than nnn MGFP \
month
d scret'on • en Fe add a t one measures er nNi n1'nnn In Protest Penn's .i nM
ast400
feet and he e..: sF'n nnnctn nt'nn and ens n to a single family P..: dePSe.. the lafge garage
(8) (hOne nonilluminated freestanding sign, visible from the road, and not exceeding six
feet in height, may be permitted. One additional nonilluminated sign may be attached to the building
for a maximum total signage of 16 square feet. No portion of any sign shall extend above the lowest
portion of the roof.
R (4)In the R-1 OA zone, where the cottage industry consists -e aGt v'ties other than retail,
products on parcels larger than 10 acres, the maximum number of employees outside the family
may be increased at the rate of one additional employee for each additional 10 acres to a maximum
of 10 employees outside the family. In the event that the property is reduced in size below the
acreage used to qualify for additional employees under this section, the number of employees shall
be proportionately reduced.
(5) Seasonal emoloveess working less than 21 days per Year will not be counted as
employees if they are engaged in work directly related to agriculture or forestry .
6) Chapter 20.40 Agriculture is amended as follows:
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20.40.130 Administrative Approval Uses
(2) The parcel size shall not be less than one acre.
(3) In the event materials will be stored outdoors, the zoning administrator shall require
(5) Seasonal employeess working less than 21 days per year will not be counted as
employees if they are engaged in work directly related to agriculture or forestry.
20.40.150 Conditional Uses
.158 A cottage industry employing no more than four persons on -site, other than family members
residing on the premises, �^imt~r^ ^e ar-MGM. �pefaonsoutsde theimrnedatefaml and which may
be conducted in structures other than the dwelling unit; provided, that in addition to the esadiYGgX4
use criteria set forth in WCC 20.97.087 and 20.84.220, the hearing examiner shall find that the
cottage industry satisfies the criteria of WCC 20.36.161 (1) through f5Q W.
7) Chapter 20.42 Rural Forestry is amended as follows:
20.42.130 Administrative Approval Uses
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as a conditional use.
(5) Seasonal emPloveess working less than 21 days Per year will not be counted as
employees if they are engaged in work directly related to agriculture or forestry.
.1355 Forestry related /wood based cottage industries which employ no more than 10 on -site
neafam ly people other than members residing on the Premises. including primary or low intensity
secondary processing of timber not permitted in WCC 20.42.053, including fabrication of furniture
and fixtures, partitions, shelves and lockers, manufacture, processing, treatment and fabrication of
lumber, millwork, miscellaneous wood products, and other wooden building and roofing materials,
excluding pulp, paper or plywood mills, conducted in structure(s) other than the dwelling unit,
provided that:
(1) The administrator, at his discretion, in consideration of the surrounding development
patterns, property uses and size of the lot on which the proposed cottage industry is locating, may
place limitations on the square footage used in an existing or new structure used for a cottage
industry. The construction of new buildings to house said activity shall not, in any case, exceed
4,000 square feet of total floor area.
(2) The parcel must access from a collector arterial or higher standard street (this. could
include shared access).
(3) Minimum parcel size is one -half acre. Minimum lot size is five acres for buildings which
exceed 2,500 square feet of total floor area, and /or are constructed of materials which are not of
similar materials or scale to a single - family residence.
(4) Minimum open space requirement is 40 percent. Adequate buffering is required for both
visual screening and noise reduction and must comply with WCC 20.80.345. The administrator may
modify the required buffer widths, either reduction or enlargement, on a site- specific basis. A finding
regarding the rationale for such modification will be entered into the record. Site development should
maintain the existing natural vegetation to the greatest extent possible.
(5) All work is conducted within a building, except that uses which are complementary to the
Rural Forestry District and which are determined to be harmonious with adjacent parcels may be
allowed outdoors.
(6) In the event materials will be stored outdoors, the administrator may require adequate
landscaping, screening or other devices in order that the material will not be visible by surrounding
uses or roads.
(7) For parcels visible from a state scenic highway, the administrator shall, at his discretion,
require additional measures or restrictions to protect scenic vistas.
(8) The operation of the business must comply with county/state noise, air quality and all
other applicable regulations.
(9) There is no polluting or hazardous industrial discharge to a public sewer or septic
system.
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(10) One nonilluminated freestanding sign, visible from the road, and not exceeding six feet
in height, may be permitted. One additional nonilluminated sign may be attached to the building for
a maximum total signage of 16 square feet. No portion of any sign shall extend above the lowest
portion of the roof.
(11) Not more than 10 non - family members not residing on the Premises can be employed
on site.
(12) An application packet shall be submitted on forms provided by county and must provide
a site plan, drawn to scale, which shows the location of existing and proposed structures, includes
dimensions of new and proposed structures to property lines, distance to adjacent structures, uses
of adjacent parcels, existing vegetative cover and proposed modifications to vegetative cover of
proposed site, location of permanent buffers and proposed plant materials for the permanent buffer,
including species, sizes and spacing. (Ord. 98 -078 Exh. A, 1998; Ord. 98-018 § 1, 1998; Ord. 97-
069,1997).
.164 Cottage industries as defined by WCC 20.97.087, excluding those allowed in WCC
20.42.135, and which employ not more than four people outside the family conducted in structure(s)
other than the dwelling unit. Such activities will comply with all other provisions of WCC 20.36.161 (1
—95)
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