HomeMy WebLinkAboutord2001-020WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -342
CLEARANCES
Initial
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Agenda Date
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SUBJECT., WCC 20.40 - Agriculture District Amendments 4t/11% I PIAMIC BEAR (N6
ATTACHMENTS: Ordinance_, Agency Report and Exhibit #1, Planning Commission Minutes
SEPA review required? ( )Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? ( )Yes (X ) NO
Requested Date:
SUMMARY STATEMENT: Proposed amendments to WCC 20.40 -
specific changes include modifications to 20.40.250 - exemptions
allowing divisions below the 40 acre minimum lot size, and narrowing
the range of conditional uses for the purpose of minimizing potential
,acts to agricultural operations from incompatible land uses.
These revisions would reduce the filing of nuisance complaints,
various forms of harassment and complications for farmers
attempting to carry out common commercial agricultural practices.
Staff recommends adoption of this proposal.
2000- 342 9/2612000: Introduced
2/612001: Held inPlanning & Development Committee
- - 3/612001: Held to special Planning work session 322
12:00 noon
32012001: Discussed -Public Hearing to be held on April 3
4/3/2001: Re- introduced
4/1712001: Postponed to 5/12001 Council meefing
5112001: Amended and adopted 4 -3, Imhof, Nelson,
Crawford opposed, Ord. #2001 -020 -
Distribution
Indicate those who should receive
action.
List specific names to the right.
Request
a copy after Council
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
Craig MacConnell
District Court
Executive
Health
Hearing Examiner
Jail
Juvenile
Parks
Planning
J.E. Ryan
Prosecutor
Karen Frakes
Public Works
SheriN
Superior Court
Related County Contract #:
Treasurer
Omer
Related File Numbers:
Ordinance or Resol lion Number
(this item): ORD -2
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 9/26/00
RE- INTRODUCTION: 4/3 O1
ORDINANCE NO. 2001 -020
AMENDING THE OFFICIAL WHATCOM COUNTY CODE, TITLE 20, CHAPTER 20.40,
AGRICULTURE DISTRICT
WHEREAS, The request is a text amendment to Title 20 of the Official Whatoom County
Zoning Code, Section 20.40 ; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on Thursday, April 13, 2000; and
WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignifoance on
March 20, 2000; and
WHEREAS, the Planning Commission held a public hearing on the proposed amendment
on April 27, 2000, considered all testimony, and recommended approval of the text amendment;
and
WHEREAS, the Council held a public meeting on April 17, 2001 to consider this
matter and approved the Planning Commission recommendation; and
WHEREAS, the Council found the 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. Public notice was published in the Bellingham Herald on Thursday, April 13, 2000.
2. The proposal was reviewed by Whatoom County SEPA Official and a DNS was issued 3- 20-00.
3. Agriculture production in Whatoom County accounted for $241,643,000 in 1997. Whatoom
County leads all west -side counties in agricultural production and is 6' most productive county
in the state.
4. Whatoom County is in the top 3% of agricultural counties nationally for the value of products
produced and is the largest dairy producing county in the state and is ranked 12r" nationally.
5. Whatoom County farmers produce 50% of the nation's Red Raspberry crop.
6. National studies conducted by American Farmland Trust - Cost of Community Services Studies
Fact Sheet, Jan 2000, indicates that "In every community studied, farmland has generated a
fiscal surplus to help offset the shortfall created by residential demand for public services ".
Nationally, the mean cost per dollar of revenue raised for farts and forest land was $.37.
7. The U.S. Department of Agriculture Census of Agriculture fanners reporting agricultural
production is declining in Whatoom County. From 19641997 the number of farms reporting
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dropped over 60 %. Acreage in farms also dropped nearly 60% in the same time period from
176,935 acres in 1964 to 103,600 acres in 1997.
8. The minimum parcel size is 40 acres in the Agriculture district. Data collected by the Department
of Planning and Development Services indicates that the average parcel size is currently 17.65
acres. Over 50% of the existing lots are under 10 acres in size (2,236) while only 12% of the lots
(513) are 40 acres or larger. An estimated 2,265 lots are currently developed with an additional
2,201 lots remaining undeveloped.
9. American Farmland Trust has identified the Willamette and Puget Sound Valleys as 5'" of 20
threatened areas in the United States. The ranking is based on the combined factors of market
value of agricultural production, development pressure and land quality.
10. Comprehensive Plan Policy 8A-4 discourages the conversion of productive agricultural land.
11. Resource Action Plan Item #6 requires the review and re- working of the agricultural zone text
and identifies the need to specifically address land divisions below 40 acres and criteria for
conditional use permits for non - agricultural production uses.
12. Members of the Technical Committee that review divisions in the Agriculture district that are
below 40 acres have repeatedly stated that the current language contained in WCC 20.40.250
lacks sufficient criteria and accompanying definitions to critically evaluate applications for
divisions of agricultural lands below the minimum 40 acre lot size. As a result nearly all
applications for division are granted.
13. The current language contained in WCC 20.40.250 results in increased residential development
density within the Agriculture district.
14. The current inventory of undeveloped lots could accommodate over 5,000 additional residents
within the Agriculture district.
15. With the exception of a brief period (1996 and 1997) when over 200 divisions were granted, the
average number of divisions granted per year is estimated to be less than 20.
16. Exemptions to the minimum lot size have been available since the initial adoption of the
Agriculture district in 1976.
17. The current language contained in WCC 20.40 includes several allowed uses that are
incompatible with agricultural production.
18. WCC 20.40 currently contains redundancies in the allowed housing options.
CONCLUSIONS
1. The proposal complies with the requirements of the Growth Management Act and the
Comprehensive Plan.
2. The current inventory of undeveloped lots within the Agriculture district, if developed, will result
in increased nuisance complaints. The proposed changes will minimize the number of potential
nuisance complaints and conflicts between farm and non -farm uses by requiring any future
divisions will not result in increased residential development density.
3. The proposal furthers the interest of the public health, safety, morals 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. A biennial review, from the date of adoption, be conducted by Whatcom County to
evaluate the effectiveness of the proposed changes in meeting the comprehensive plan goals,
policies and agriculture zone purpose.
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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.
ADOPTEDthis 1st dayof May ,2001
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
i
D- Brown-Davis
Clerk of the Council
APPR VED as to form
v
Karen Frakes, Civil Deputy Prosecutor
( ) Approved () Denied
FOAMS,,
Dater o`�DCi
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I A71'- 'll7Ylil
SECTION 1: Amendments to WCC 20.40 - The Agriculture District
20.40.010 Purpose.
20.40.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary
Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals), the
Whatmm County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the
Whatcom County Shoreline Management Program. The following are permitted uses.
.051 Dairying, raising of livestock, husbandry of small animals, raising of crops, raising -ef
•^•"`ierries greenhouse o^Peratieas horticulture apiaries and apiculture, and raising-ef
temporary portable equipment
used for Processing of locally harvested crops.
.053 One single - family dwelling per legal lot of record.
.054 Gravel bar scalping projects within the jurisdiction of the Shoreline Management
Program.
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.055 One storage building per lot; provided, that the storage building shall not exceed 120
square feet in Floor area and shall only be used for personal storage and not for habitation or
business; and provided further; that the storage building shall contain no indoor plumbing but
may be served with electrical power for lighting.
.056 Adult family homes as defined in Chapter 70.128 RCW.
.057 Family day care homes subject to the requirements of WCC 20.97.180 for home
occupations. (Ord. 99 -068, 1999; Ord. 99-062, 1999; Ord. 97 -069, 1997; Ord. 92 -079, 1992; Ord.
88-29, 1988; Ord. 88 -13, 1988; Ord. 87 -12, 1987; Ord. 87 -11, 1987).
20.40.100 Accessory uses.
.101 Any use on the fans which is ancillary to the normal operation of the primary permitted
uses.
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.1042 (1) The wWholesale marketing activities provided the activity isasseiated -wisp
the accessory to the provisions of 20.40.05I.agFIGUltural, aquaGUltural,
FeSGUFGe uses perm Ned 'n th q d'4A
(2) Retail marketing, by the operator, of Whatcom County products which originate
from the permitted uses staled in WCC 20.40.050 provided:
(a) Only one stand retail sales facility containing not more than 500 1 000 square feet of
Floor area shall be permitted.
(b) Such stand retail sales facility shall be subject to the setback requirements of WCC
20.80200.
(c) Such stand retail sales facility shall be provided with a sufficient area to permit at
least five automobiles to park safely off the road right -of -way and to re -enter the traffic in a
forward direction.
inddslFY-
(3) One non Ilurn nated a 9A, not to exceed four square feet n size, Fnounted-Gn-the-pmpefty�
.id.
.1063 Noncommercial extraction of up to 500 cubic yards per year of sand, gravel or both for
farm enhancement purposes; provided all materials extracted remain on tend owned or leased by
the farmer for agricultural purposes.
.1074 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses
pursuant to the Whatcom County Shoreline Management Program.
A 08 GtheF aGGesseFy uses incidental to the primary permitted uses.
.1095 Temporary dwelling units which have full living accommodations including sleeping,
self - contained cooking, bathing, and toilet facilities where the plumbing is connected to
permanent site sewage and water systems, including those travel trailers and recreational
vehicles that meet the above description, for use by owners during the period of construction of a
permanent dwelling while building permit is valid, not to exceed two years.
.14906 Utilization of bio-solids on land when regulated by a utilization permit issued by the
Washington State Department of Ecology in accordance with WAC 173 -308, Management of Bio-
solids. This would apply to any land owned or leased by the same operator.
.14107 On -site storage facilities for hazardous wastes associated with outright permitted
uses or approved conditional uses subject to the most current siting criteria under Chapter 173-
303 WAC. (Ord. 98-018 § 1, 1998; Ord. 96-056 Att. A § 11, 1996; Ord. 92 -079, 1992; Ord. 89-10,
1989; Ord. 88-93, 1988; Ord. 88-29, 1988; Ord. 88-13,1988; Ord. 87-23,1987; Ord. 87 -12,
1987; Ord. 87 -11, 1987; Ord. 8&42,1986)
.108 Composting and mulching facilities other than commercial mushroom composting
facilities, if the use is ancillary to the primary agriculture use when in compliance with federal
and state water quality standards.
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20.40.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC
20.84.235.
.131 A temporary second dwelling unit of no more than 1,248 square feel in floor area, in the
forth of a manufactured home, a fully serviced travel trailer or motor home, to provide:
(1) A temporary dwelling space for a family members who, due to with a professionally
documented physical or mental disorders, or risks of such disorders; , A statement from the
family member physician is required verifying the need for require supervision and care. where
&Such care or oversight of care is provided by members of the family who reside on the property;
or
(2) A temporary dwelling space for a person providing care for the resident owner of the
subject property when said owner needs supervision and care as described in (1) above.
Approval Requirements:
Administrative approval for temporary second dwelling units shall be approved if it is determined
that the proposal meets the following requirements:
(1) Temporary second dwelling units shall only be permitted on fully serviced parcels on
which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage
requirements.
(2) The size of the temporary dwelling shall be appropriate to the use and size of the parcel
and shall be limited so as to comply with the standards set forth in (1) above.
(3) The temporary home shall be connected to an approved water supply and adequate
capacity sewage disposal system approved by the Whatcom County health department.
(4) When care is no longer necessary, the temporary home shall be removed.
(5) The permit shall be valid for one year. The permit may be extended on a yearly basis;
provided, that an affidavit is furnished by the per mitlee affirming that the circumstances allowing
the original permit remain in effect.
(6) A GOvenant shall be filed that restAGts sale at the property vAile the temporapt4wellin"
in place:
not constitute in any way a division of land for sale or lease purposes
(7) The use will not be hazardous or disturbing to existing or future neighboring uses.
(8) Evidence of adequate off -street parking space shall be provided.
(9) There shall be no occupancy of the temporary dwelling outside the conditions under which
the temporary dwelling is permitted pursuant to this section.
(10) All mobile homes must demonstrate compliance with minimum HUD Fire Safety
Standards and compliance with current Washington Administrative Code (WAC).
Penalties: False statements on supporting documentation submitted with the application or
failure to comply with any of the approval requirements may be cause for revocation of the permit
and prosecution.
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land for sale or lease purposes
(3) All land not occupied in homeshes shall be kept in primary permitted uses
.1323 An Aaccessory apartments or a detached accessory dwelling units to a single - family
dwellings; provided, that all of the following requirements are met,
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot.
(2) The owner(s) of the single - family lot upon which the accessory apartment or detached
accessory dwelling unit is located shall occupy as their primary domicile at least one of the
dwelling units on that lot.
(3) Proof that adequate provisions have been made for potable water, wastewater disposal,
and stornwater runoff for the additional dwelling unit must be obtained prior to application for a
building permit.
(4) TF shall be only one fmnt eAtFRAG9 to the 6 _ visible fmm the tFeA.
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Accessory apartments and detached accessory units shall be
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of
an existing residence.
(6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248
square feet in floor area.
(7) A common driveway serving both the existing unit . and any accessory unit shall be used to
the greatest extent possible.
(8) A deed restriction is recorded with the Whatcom County auditor prior to building permit
issuance, stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold
separately from the original dwelling, except in the event the zoning permits such a land division,
and
(b) One of the dwellings must be the primary domicile of the owner.
(9) The minimum lot size for detached accessory units shall be 40 acres.
(10) Detached accessory units shall be located closer to the primary unit than to any
adjoining property line unless site constraints require location closer to the property line. If an
accessory unit is located closer to an adjacent property line than to the primary dwelling or within
50 feet of an adjoining property, the applicant must provide a statement of nonobjection from the
adjacent property owner and must screen the unit to minimize visual impacts.
(11) All mobile homes must demonstrate compliance with minimum HUD Fire Safety
Standards and compliance with Washington Administrative Code (WAC).
.135 Cottage industries employing no more than two people on-site, other than family members
residing on the premises; provided that in addition to the criteria found in WCC 20.97.087 and
20.84.220:
(1) The zoning administrator, at his or her discretion, may place limitations on the square
footage 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
land area used for buildings and outside storage or other uses related to the cottage industry shall
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.
(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
surrounding uses or roads.
(4) One non - illuminated sign, not to exceed sixteen (16) square 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) Seasonal employees 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.
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.1336 Surface mining subject to Washington State's Surface Mining Act (Chapter 78.44
RCW), and accessory washing, sorting, and -reGk GFushing, when within a Mineral Resource Land
Special District subject to the requirements of Chapter 20.73 WCC and all other applicable
regulations. Site reclamation must be to agricultural use within any MRLs adopted after the date
1347 Mini - day care centers in a family dwelling.
(Ord. 99-068, 1999; Ord. 98-018 § 1, 1998; Ord. 97 -069, 1997; Ord. 95 -031, 1995; Ord. 91-
009,1991).
20.40.150 Conditional uses.
A52 Pub! G saheols; and parochial oFpFivate saheolsi pray ded suGh SGIhaniq shall be
.164 Animal hospitals and aGGesseFy kennels and aGGesseFy stables provide4i
(1) Pie animal endesure or build ng she'! be eleserthnn 150 feet to the Pxlemal_j)fopenty�
linesm
(2) Sush faGil I as must have a waste disposal program appFeved by the GOUnty health
(3) SUGh faGil ty shall be operated at all times in a manner speGifiGally designed to prevent the
JAe of fanilif P.R from hanem ng a nuisance, a ther pub! G or private, and the hearing exaMiRe
iFe ef the applioant a detailed program to min mize potent al anney ng effects; said
a be FeGeFded as one of the Genalitions attached to the pemn tm
ml5l Public facilities for ememency-related health and safety purposes, such as fire halls and
Washington State Department of Transportation satellite road safety facilities.
.1552 Multiple-family attached or clustered housing or camping facilities to accommodate
agrisdNUral employees fans- workers provided:
(1) In addition to any other setback requirements contained herein, such multifamily facilities
shall be located at least 150 feet from any existing dwelling not on the same property and 50 feet
from any property line; and
(2) Such facilities shall conform with applicable building and health regulations; and
(3) Such facilities shall be occupied only by agricultural employees and their immediate
families; and
(4) The number of housiRg un ts y ded n
season. workers employed 9R that parcel dwing the gmw ng and haFvest Such facilities must be
ancillary and /or accessory to an agricultural use
D IIBIT 1
.1563 Aircraft landing areas when solely for personal (aircraft based at those landing areas
are owned or controlled by the landowner or tenant and subject to any limitations deemed
necessary by the hearing examiner) or agricutture (aerial application of agricultural chemicals)
uses; provided the centerline of any such landing area shall not be located within 500 feet of any
property line, building, or structure; except that a legal affidavit from adjacent property owner(s)
allowing all, or a portion, of that 500 feet as a recorded easement on their property, presented as
part of a conditional use permit application, shall be acceptable. The surface of any such landing
areas shall be grass or sod and not longer than 2,500 feet. It shall be unlighted and for daytime
use only. Handling and storage of fuel and bulk chemicals, associated with agricultural
application, on or near the landing area must comply with pertinent state and county codes.
Fuels and lubricants associated with the operation of personal use aircraft will be stored and
handled in accordance with pertinent state and county codes. All aircraft and pilots must comply
with all current Federal Aviation Regulations for the maintenance and operation of aircraft.
Notification of conditional use permit application hearing shall go, by first Gass mail, to residents
within 1,000 feet from any point on a proposed aircraft landing area; the applicant shall pay the
cost of such mailings.
1574 `sh `.n..- ,art., .° -°c' -Aquaculture, , ponds shall be leGated with n 1,000 feet of aps"Itural opeFat ons
pestiGide, weed a de, andler herb Gide app! cat ons as paFt of the F neFFnal farm
i�
1585 A cottage industry employing no more than four Persons on -site, other than family
members residing on the premises from o., th^ °° the ,„a-�. mediaedia °tea.;,,' i and
which may be conducted in structures other than the dwelling unit; provided, that in addition to
the senditienaluse 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 f5) W.
159 P -bi n n r1donr renreat on wheFe deRsity of persons per un t of land area ig 'elm, and
qtn-.ci-.FA G; q te C."rip changes am not necessary; inGluding but not limited to fish ng, hwnt ng,
�s
.16056 Public utilities pursuant to WCC 20.82.020.
16457 Rendering plants.
.16258 Processing and wholesale and /or retail sales of agricultural and4arestry products
accessory to farm generated or produced commodities utilizing permanent equipment; provided
the locations, scale and character of the operation is determined by the hearing examiner to be
appropriate in the specific situation and to the Agriculture District, in general.
.16359 Transitory solid waste facilities for treatment, storage, or collection, including, but not
limited to: recycle centers and drop boxes for household materials excluding large items such as
automobiles or major appliances; noncommercial or commercial composting and mulching
facilities; and including but not limited to the type of facilities operated by neighborhood or public
service organizations.
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.16460 Restaurants, when located on the same property and subordinate to a permanent
facility for the processing of agricultural products into food or beverage for human consumption;
provided that the size, scale and character of the restaurant facility are compatible with the
agricultural/ rural character of the surrounding area and are consistent with the general purpose
of the zone district.
.16561 Surface mining for farm enhancement purposes and accessory sorting; provided that
(1) The activity is not subject to Washington State's Surface Mining Act (Chapter 78.44
RCW).
(2) The activity will not result in excavation or equipment within 50 feet of county road rights -
of -way.
(3) The activity will not result in excavation or equipment within 50 feet of the exterior property
lines of the site, except in the case of two contiguous surface mining operations in which case by
mutual consent this setback can be zero.
(4) The activity will only remove sand or gravel knolls or ridges and will not excavate below
minimum land elevation levels at the site. In addition, no more than 2/3 of the mine site shall be
excavated below pre - existing ground elevations.
(5) No reclaimed side slopes are steeper than three feet horizontal to one -foot vertical.
(6) Final topography blends in with the natural contours of the land without the requirements
of off -site backfill.
(7) Excavations will not occur within five feet of the seasonal high water table level.
(8) Al minimum, the operations shall adhere to the development and performance standards
of WCC 20.73.650 and 20.73.700.
(9) No soil erosion or sedimentation will occur beyond the exterior property lines of the site.
(10) Excavation activity will commence and conclude within four years.
(11) The conditional use permit application includes proposed days -of- the -week operation
and hours- of- the-day operations. The hearing examiner may limit any operation as to days and
hours of operation.
(12) Owners submit a reclamation plan to the county providing for:
(a) Stockpiling all topsoil for subsequent use during reclamation.
(b) Topsoil protection by seeding with a cover crop immediately after it is stockpiled.
(c) Time limits on topsoil storage not to exceed four years.
(d) Limitations on handling top soil in wet conditions.
(e) Sequential reclamation in less than three -acre increments per parcel.
(f) Measures for restoring soil texture, structure, and organic matter by sub - soiling,
fertilization, crop scheduling, and weed control.
(g) Review and approval by the Whatcom County Conservation District.
(h) Protection of ground water during preparation of the soils for post agricultural use.
(i) Pertinent use of best management practices or guidelines. As a minimum, this should
include "Agriculture and the Aggregate Industry," by Mackintosh, E.E. and E.J. Mozuraitus, from
the Ontario Ministry of Natural Resources, 1982.
It 3) Performance bonds or other monetary security as approved by the prosecuting attorney
equal to the costs of completing the proposed reclamation plan, WCC 20.40. 161(12) are
submitted to the county, which shall be released within two years after completion of surface
mining; provided that the projeGt is in aaGepdanne with reclamation has been completed
according to the reclamation plan.
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(14) When mining operations are proposed within or adjacent to the 100 -year floodplain, the
applicant must also obtain a flood permit from the county.
.16662 Commercial operations that directly provide goods or services to agricultural
operators with the intent of augmenting agricultural operations including, but not limited to
livestock auction facilities, hay sales and storage, sawdust sales and storage, fans equipment
service and repair, and farm chemical applicator establishments; provided the applicant
demonstrates:
(1) That locating the prospective commercial operation within the Agriculture District better
serves the agricultural operator than if the commercial operation is located in another distrist land
use designation; and
(2) The site is better used for agricultural services than the permitted uses in 20.40.051; and
(3) The prospective commercial operation is limited to directly serving agricultural operators
and doesn't include the manufacture of farm- related implements.
.17963 Rock crushing and asphalt and concrete batch plants when within a Mineral Resource
Land Special District. No generation of off -site dust from the operation. (Ord. 98 -018 § 1, 1998;
Ord. 97 -069, 1997; Ord. 96 -056 Att. A § 12, 1996; Ord. 93 -076, 1993; Ord. 93 -035, 1993; Ord.
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92 -079, 1992; Ord. 91 -013, 1991; Ord. 88-13, 1988; Ord. 87 -84, 1987; Ord. 87 -12, 1987; Ord.
87 -11, 1987; Ord. 86-42,1986; Ord. 83-32, 1983).
169 Deleted by Ord. 91 -009.
20.40.200 Prohibited uses.
201 All other uses.
.202 Adult businesses (Ord. 99 -070 § 2, 1999).
20.40.250 Minimum lot size and land subdivision.
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(3) Boundary line adiustments shall not make a lot substandard or further substandard except
as provided for in sections 20.40.251 and 252 of this chapter.
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(1) No divisions or boundary line adjustments shall result in an increase in allowable
density, and
(2) Additional acreage gained through a boundary line adjustment shall not be considered
in the total acreage calculations for determining density, and
(3) The following plat restriction is required, prior to recording on the non - residential lot
of all divisions of land provided for in section .252 of this chapter:
"No further division or residential structure shall be allowed on this
parcel until and unless changes in the zoning of this property occur
which would result in additional development density. ", or
the receiving parcel."
(a) The farmstead parcel shall be not more than one acre, unless the site, existing structure
and /or well and septic constraints require a smaller or larger parcel, but shall not exceed
three acres, and
prior to final approval and
(d) The applicant and his or her heirs provide Right of First Purchase for a period of not less
than sixty (60) days through deed restriction to the original purchaser and subsequent
purchasers of the remainder parcel for purchase of the farmstead parcel before they are
The minimum parcel size is the area necessary to accommodate a house site which
meets the applicable dimensional requirements of all applicable codes and provides a
remainder (appended) parcel equal to or greater than ten nominal acres, and
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(d) The applicant and his or her heirs provide Right of First Purchase for a period of not less
than Sixty (60) days through deed restriction to the original purchaser and subsequent
purchasers of the remainder parcel for purchase of the farmstead parcel before they are
offered on the open market, and
criteria of 20.40.252(1).
(4) The division is for the purpose of public facilities for health and safety use or
expansion of such uses pursuant to WCC 20.40.151 provided that:
(a) The division or boundary line adjustment will not adversely affect the surrounding
agricultural activities. and
(b) The applicant has demonstrated to the administrators' satisfaction that the siting
of the proposed use can not be located in an adjacent zoning district or alternative site if the
area is intensively fanned.
.2523 Consolidation of adjacent tracts in the same ownership may shall be required in
approval of any subdivision, er short subdivision or boundary line adiustment in the Agricultural
District.
.2534 The burden of establishing intent in and legal proceeding relating to a transaction
accomplished or proposed under the authority of this section shall be upon the landowner or
purchaser. (Ord. 91 -013, 1991; Ord. 91 -005, 1991; Ord. 87 -84, 1987).
20.40.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements). Building setbacks for parcels of less than five nominal acres shall be
administered pursuant to WCC 20.80.282 (3). (Ord. 86-42, 1986).
20.40.650 Development criteria.
(Ord. 96 -056 Att. A @ Al, 1996.)
2040655111-,: rM atio,.ns on feedlots.
f 275 an me' ---nifq qhn" be leGated Glaser than 1,090 feet from
(2) All feedlels 9f 750 an me un is or larger shall be leGated above the 100 year floodpla n 9
_I.I . .. _• s , _._I _-- _ {/ . b..u_m ... '.m..i. ar. .Aian and drainage dileh .s and waterways, and 50 feet
from,
the ord nary high wateF I ne at any take and waterway; provided that best managemen"NaGIAGes
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EX 031T 1
FORM -
20.40.6521 Landscaping.
Refer to WCC 20.80.300 for landscaping requirements. (Ord. 89 -117, 1989).
20.40.6532 Drainage.
All development activity within Whatcom County shall be subject to the stormwater
management provisions of the Whatcom County Development Standards unless specifically
exempted.
No project permit shall be issued prior to meeting submittal requirements relating to
stormwater management in the appropriate chapters of the Whatcom County Development
Standards. (Ord. 96-056 Aft. A ❑ A2, 1996; Ord. 94022, 1994).
20.40.662 Use of natural resources.
All discretionary project permits for land on or within one -half mile of the area designated as
Agriculture, Rum], Commercial Forestry or Rural Forestry or within 300 feet of an area designated
as Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farts
operations are being conducted, shall be subject to the right to farm, right to practice forestry and
mineral land disclosure policies contained in WCC Title 14, Use of Natural Resources. (Ord. 98-083
Exh. A § 47, 1998).
SECTION 2: Change to WCC 20.80 - Supplementary Requirements
20.80.255 Agriculture District
(2) The minimum separation between new residences not located on the same property and farts
uses such as barns, pens, milking sheds, or areas used to contain, house, or feed animals or store
manure or feed, shall be 300 feet. New farm uses such as barns pens milking sheds, or areas
ME
excluded from this section's requirements.
SECTION 3: Addition to WCC 20.97 - Definitions
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