HomeMy WebLinkAboutord2001-023WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -254
CLEARANCES
Initial
I Date
runic eived in£aunen0 ue=
eah; Date
Assi nedw:
,gnaar: Sylvia Goodwin
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JUN Z 0 2000
WHATCOM COUN
COUNCIL
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UW27100
Introduction
_.vision Head: Sylvia Goodwin
7/25/00
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Dept Need: J.E. Ryon, Interim
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Ececutive: Pere Kremen I
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SUBJECT: Ordinance adopting changes to the Official Whatcom County Zoning Ordinance, Title 20, to clarify URMX Zoning Text
and Related Sign Regulations. (File #ZON99- 000018).
ATTACHMENTS: -
(I) Proposed Ordinance
(2) Agency Report with attached Staff Report
(3) Planning Commission Minutes
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ad ) NO
Requested Date:
The Council must holda hearing ifthey want to change the Planning
Commission's recommendation CC 20.10.110 and WCC 10.90.090).
SUMMARY STATEMENT: The proposal is to clarify language in the URMX
Zoning text regarding commercial centers, building setbacks, and the calculations
the percent of allowable multi -family structures. The change also provides for
an regulations in the URMX ¢one.
Staff recommends adoption of the proposed ordinance.
Distribution Request
Indicate those who should receive a copy Per Council action.
Listspecfc names to the right.
ADS Facades Management
ADSFlnance
ADS Haman Resources
ADS Info Services
Assessor
Audnor
Coopewlve Fxtendon
Dairld Coma
P.iecudw
Health
Hearing Fsaminer
Michael Bobbink
Jan
COUNCIL ACTION TAKEN:
2000 -254 6/27/2000: introduced
8/8/2000: Held
5/1/2001: Re- Introduced
5/1512001: Adoated7- 0.0rd.02001 -023
RelaL
Related File Numbers: -2-0 AM— 0001 $
Jawnae
Parks
Planning
g
Prosecutor
Public Wartr
Shedff
Superior Court
Tra
�rarc
Ordinance or Resoluda umber
(1Ms item): D
SPONSORED BY: PUS
PROPOSED BY: IDS
INTRODUCTION DATE: 6/27/00
RE- INTRODUCED: 5/1/01
ORDINANCE NO. 2001 -023
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20 TO
CLARIFY UR -MX ZONING TEXT REGARDING COMMERCIAL CENTERS, BUILDING
SETBACKS, THE CALCULATIONS OF THE PERCENT ALLOWABLE MULTI - FAMILY
STRUCTURES AND TO PROVIDE FOR SIGN REGULATIONS IN THIS ZONE.
WHEREAS, over the past two years, City and County Planning Staff have identified
problems in interpreting or implementing certain provisions of the zoning text: and
WHEREAS, City and County staff held a joint meeting and agreed on the need for the
following revisions: and
WHEREAS, The Deputy SEPA Official for Whatoom County issued a Determination of Non-
significance on January 20, 2000; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on January 13, 2000 and February 1, 2000;and
WHEREAS, The Planning Commission held public hearings on the proposed amendments
on January 27, 2000 and February 10, 2000, and considered all testimony; 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. Legal notice for the public hearings were published in the Bellingham Herald on January
13, 2000 and February 1, 2000.
2. A Determination of Non - significance was issued under the State Environmental Policy Act
(SEPA) on January 20, 2000.
3. Public hearings were held on the proposed amendments on January 27, 2000 and February
10, 2000.
4. City and County staff have met to discuss issues relating to the implementation of the
URMX District and have agreed on the need for the proposed amendments.
5. The proposed amendments provide clarity in interpreting the intent of the URMX zone and
are consistent with applicable sections of the Urban Fringe Subarea Plan.
\ \PDS- 1 \V0L1 \USERS \PDS \SHARED\2 Planning DivisionURUONEU ezones 199iMON9M0018- ORD.doc
Page i
CONCLUSIONS
The proposed amendments to the URMX zone and 20.80, sign regulations are consistent
with and implement the Urban Fringe Subarea Plan.
2. The proposed text amendments are consistent with the goals and policies of the
comprehensive plan and the overall intent of the Growth Management Act.
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. 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 15 day of May , 20C 1
ATTEST:
--_
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
APPROVED as to form (fly o () Denied
David Deput ro ecutoretmen, Executive
Date: S/;;7- O
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Page 2
(. L.
Ward
Nelson,
Council
Chair
APPROVED as to form (fly o () Denied
David Deput ro ecutoretmen, Executive
Date: S/;;7- O
\\PDS -1w0L1 \USERS \PDS\SHARED\2 Planning DlvisionREZONE \Rezones 1999\Z0N99 -0001& ORD.doc
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Planning commission Recommendation
File #:
ZON99 -00018
-PI a \R \z 1999\ Z 99 -00018 ORD EX1.doc
20.24.012
Febmaw 10
2000 -page 1
PROPOSED REVISIONS TO CHAPTER 20.24 URBAN RESIDENTIAL -MIXED (UR -MX)
DISTRICT OF THE WHATCOM COUNTY CODE
1) Chapter 20.24 is hereby amended as follows:
Chapter 20.24
URBAN RESIDENTIAL
MIXED (UR -MX) DISTRICT
Sections:
20.24.010
Purpose.
20.24.012
— Density transfer.
20.24.015
Applicability.
20.24.050
Permitted uses.
20.24.100
Accessory uses.
20.24.130
Administrative approval uses.
20.24.150
Conditional uses.
20.24.200
Prohibited uses.
20.24.250
Maximum /minimum density, minimum lot size.
20.24.251
Minimum lot size.
20.24.252
Density and minimum lot size.
20.24.255
Density bonuses.
20.24.300
Lot clustering and reserve tract.
20.24.305
Lot clustering.
20.24.310
Design standards.
20.24.320
Reserve tract.
20.24.350
Building setbacks.
20.24.400
Height regulations.
20.24.450
Lot coverage.
20.24.650
Development criteria.
20.24.651
Plat language for proposed subdivisions.
20.24.652
Use of natural resources.
20.24.653
Landscaping.
20.24.654
Parking requirements.
20.24.655
Livestock regulations.
20.24.700
Transfer of residential development rights.
20.24.010 Purpose.
It is the purpose of this zone district to provide an orderly transition from rural to urban
development by limiting densities and uses until services are available and then to provide
for mixed uses in a manner that encourages a range of densities and dwelling unit types and
pedestrian access to convenience shopping and jobs while maintaining an overall single -
family character and property values for the neighborhoods created within this district. This
district is intended to implement the Comprehensive Plan policies for portions of the
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Bellingham urban growth area and other areas of the county suitable for mixed use
development. The district is intended to provide for affordable housing types such as
apartments, townhouses, and condominiums. Residential development should be located
within walking distance of transit stations, designated commercial centers, parks and
recreational areas and other employment centers where appropriate. (Ord. 98 -083 Exh. A §
66, 1998; Ord. 97 -046 § 2, 1997).
20.24.012 Density transfer.
This district serves as a zoning overlay for the purpose of designating a recipient zone for
transfer of development rights credits pursuant to WCC 20.89.024 and WCC 20.89.031.
(Ord. 97 -046 § 2, 1997).
20.24.015 Applicability.
(1) In short term planning areas, this chapter shall be fully applicable.
(2) Outside short term planning areas, outside urban growth areas, and outside small
towns and crossroads commercial areas designated on the Comprehensive Plan map, this
section shall be limited as noted below. (Ord. 98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2,
1997).
20.24.050 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, Administrative
Approval Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program.
.051 One single - family dwelling per lot.
.052 In short term planning areas only, single - family attached dwellings; provided, that
public sewer, water and, where identified by the appropriate Comprehensive Plan policies,
stormwater collection and detention facilities serve the site, not more than four units are
attached, and the number of dwelling units conforms to the density requirements of the
district. However, additional multifamily development shall not be allowed within the UR -MX
zones identified on Mai) 3 of the Urban Fringe Subarea Comprehensive Plan
.053 Noncommercial neighborhood parks and public recreation facilities.
.054 Private, noncommercial boat docks when located on a manmade canal designed for
boat traffic pursuant to the Whatcom County Shoreline Management Program. (Ord. 98 -083
Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997).
20.24.100 Accessory uses.
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.101 Home occupations pursuant to WCC 20.97.180.
.102 Private noncommercial boat docks, launches, ramps, floats, moorages and
boathouses pursuant to the Whatcom County Shoreline Management Program.
.103 Other accessory uses incidental to the primary permitted uses.
.104 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. (Ord. 97 -046
§ 20 1997).
20.24.130 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 feet in floor area, in
the form of a
manufactured home, a fully serviced travel trailer or motor home, to provide:
(1) A temporary dwelling space for family members who, due to professionally
documented physical or mental disorders, or risks of such disorders, require supervision and
care where such 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 Whatoom 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 permittee affirming that the circumstances
allowing the original permit remain in effect.
(6) A covenant shall be fled that restricts sale of the property while the temporary
dwelling is in place.
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(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.
.132 The following uses may be approved within a Neighborhood Center where the
locational criteria (WCC 20.24.132(2)) and site criteria (WCC 20.24.132(3)) are met; the
floor area per nonresidential use does not exceed 2,500 square feet; and the developer has
conducted at least one neighborhood meeting prior to application for the purpose of hearing
neighborhood concerns and suggestions regarding the proposal. Where being developed in
an existing neighborhood characterized by residential development at densities of one
dwelling per acre or greater, the uses listed in WCC 20.24.132 shall be administered as
conditional uses rather than administrative approval uses; and are subject to the same
criteria, requirements, bonuses and restrictions as if they were administrative approval uses:
(1) Uses.
(a) Commercial uses with a neighborhood or specialty nature including but not limited
to: barber and beauty shops, bakeries, drugstores, provided that food markets may have no
more than two gasoline pump islands, hardware stores, restaurants and coffee shops
without drive -up service, stationery stores, laundromats, video rental, bookstores, frame
shops and other small convenience retail, rental, or repair shops.
(b) Professional offices.
(c) Adult or child care centers.
(d) Residential units located on the upper floor(s) of buildings containing the uses
listed above. Such units will be counted toward minimum densities and maximum
percentage of multifamily units; but shall not be counted toward maximum densities.
(2) Locational Criteria. Uses must be clustered in a single center which is no larger than
two acres, excluding areas used for multifamily, and:
(a) Fronts on an arterial or collector street; or
(b) Is located adjacent to a public square or neighborhood park; and
(c) Is no closer than one -half mile from an existing or approved commercial center or
other commercial use or zone.
(d) 6emmuaity Neighborhood centers shall not be developed in areas characterized
by residential
(3) Site Criteria.
(a) Parking shall be located at the rear of the buildings with access from alleys or side
streets. On street parking may be counted toward the parking requirements in Chapter
20.80 WCC.
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(b) Buildings are located adjacent to the right of way or sidewalk, or as close as
allowed in WCC 20.80.200 Setback Requirements.
(c) Commercial development shall occur in nodes; linear strips will be discouraged.
(d) Centers should be visible and accessible to pedestrians from the streets and
clearly defined through lighting, landscape, landmarks, and /or open space.
(e) In the urban fringe subarea, specific wetland systems and sensitive environmental
areas shall be preserved and incorporated into the development site design plan consistent
with Bellingham city
ordinances.'
(f) Sidewalks are a minimum of eight feet wide.
(g) Street trees are located on the curb side of the sidewalk in accordance with city of
Bellingham street tree standards.
(h) Individual businesses-orest-ablishments must be-joined by common walls unless
the applicant can demonstrate to the satisfaction of the administrator that unique site
circumstances dictate some other form.
(i) Storage areas shall be located entirely within the structure and outside trash
receptacles shall be
enclosed and screened from public view.
0) All lighting shall be designed and installed to prevent the illumination of adjacent
properties during business hours; however, security lighting may be permitted during
nonbusiness hours if it is designed to prevent the illumination of adjacent properties.
(k) In accordance with Section 20.80.465 Urban Residential -Mixed Use (UR -MX)
District Sign Regulations #not more than two identification signs, with a maximum of 32
square feet total area for each storefront shall be permitted; provided that said sign(s) shall
not project above any part of the roof line. Signs may extend 24 inches from the wall or to
the edge of a permanent canopy or awning of the building to which it is attached. At least
one of the signs for an individual business must be readable to pedestrians on the adjacent
sidewalk. Said sign(s) shall be harmonious and compatible in appearance with the character
of the surrounding area. Signs may only be illuminated by an indirect external source.`
(1) Use of shared parking areas is encouraged. The minimum parking requirement shall
be 50 percent of the parking requirements in WCC 20.80.580, but shall in no case exceed
two- thirds of the requirements in WCC 20.80.580.
` Code reviser's note: Sketches will be available in a future supplement.
.133 Multifamily dwellings subject to the following limitations and the developer has
conducted at least one neighborhood meeting prior to application for the purpose of hearing
neighborhood concerns and suggestions regarding the proposal. Where being developed in
an existing neighborhood characterized by residential development at densities of one
dwelling per acre or greater, the uses listed in WCC 20.24.133 shall be administered as
conditional uses rather than administrative approval uses; and are subject to the same
criteria, requirements, bonuses and restrictions as if they were administrative approval uses:
(1) Multifamily dwellings may only be permitted on sites with a minimum area of two
acres.
(2) Multifamily units do not comprise more than 25 percent of the total dwelling units
allowed for the entire site.
Planning Commission Recommendation
File
#:
ZON99 -00018
I PIa n' a \R one\zoning1999\ Zon99 -00018
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(3) Multifamily units are constructed at the same time as, or after, at least 50 percent of
the single - family units in an approved development.
(4) Additional multifamily development shall not be allowed within the UR -MX zones
.134 Accessory apartments or detached accessory dwelling units to single- family
dwellings; provided, that all of the following approval 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 shatl occupy astheirprimary- 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 stormwater runoff for the additional dwelling unit must be obtained prior to
application for a building permit;
(4) There shall be only one front entrance to the house visible from the front yard and
street for accessory apartments and only one additional entrance visible from the front yard
for detached accessory dwelling units;
(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) Long plats and short plats which are granted after January 25, 1994, shall be marked,
specifically
designating lots allowed to be developed with accessory apartments or detached accessory
dwelling units
at the option of the developer for future individual owners. Accessory apartments and
detached accessory
dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25,
1994, unless those lots
have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless
those lots have been
specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster
subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be
used to the greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit
issuance,
stating:
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(a) Detached accessory dwelling units and associated land cannot be 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;
(10) Accessory apartments and detached accessory dwelling units to single - family
dwellings are allowed within the Lake Whatoom Watershed, only under the following
circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or
detached accessory dwelling shall conform to the density of the zoning district in which it is
located. Adjacent properties in the same ownership may be bound by covenant to comply
with the underlying zoning density; and
(b) All of the above approval requirements shall be met for so long as the accessory
unit remains;
(11) Detached accessory -units-shnlF 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;
(12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety
Standards and compliance with Washington Administrative Code (WAC). (Ord. 98 -018 § 1,
1998; Ord. 97 -046 § 2, 1997).
20.24.150 Conditional uses.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses outside of
centers as provided in WCC 20.24.132(6).
.152 Public schools; and parochial or private schools, provided such schools shall be
approved by the State Superintendent of Public Instruction.
.153 Churches, educational and religious training institutions, summer camps, and
cemeteries.
.154 Retirement, boarding and convalescent homes; social and health rehabilitation
centers; child and adult care centers in a building not used as a residence; and other health
related services consistent with the purpose of the district.
.155 Mobile home parks.
Planning Commission Recommendation File #: ZON99 -00018
I7PIa g \R \zon'ng1999 \Zon99- 000180RD EXidoc February 102000 -oaoe8
IF
a
.11 10 Wil
OWN
7- n2 2 l:wrrrr� _
wN
159 Bed and breakfast lodgings.
.160 Private, noncommercial boat docks, launches, ramps, floats, moorages and
boathouses pursuant to the Whatcom County Shoreline Management Program for owners of
legal lots of record abutting the shoreline. The conditional use permit shall be approved if
the hearing examiner finds that the proposal will not be hazardous or disturbing to neighbors
and all applicable zoning requirements are satisfied. The criteria of WCC 20.84.220 shall not
apply.
Planning
Commission Recommendation
File #:
ZON99 -00018
I,PIa
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.161 Where being developed in an existing neighborhood characterized by residential
development at densities of one dwelling per acre or greater, the uses listed in WCC
20.24.132 and 20.24.133 shall be administered as conditional uses rather than
administrative approval uses; and are subject to the same criteria, requirements, bonuses
and restrictions as if they were administrative approval uses. (Ord. 97 -046 § 2, 1997).
20.24.200 Prohibited uses.
All other uses. (Ord. 97 -046 § 2, 1997).
20.24.250 Maximum /minimum density, minimum lot size.
20.24.251 Minimum lot size.
For the purpose of creating new building lots within the Urban Residential Mixed District,
several land use densities are herein provided. The minimum lot size requirements for new
construction vary according to the method of subdivision, as well as whether or not public
sewer, water, and, where identified by the appropriate Comprehensive Plan policies,
stormwater collection and detention facilities serve the project site. Where the conventional
method is used to create new building lots, the minimum lot size shall be five acres or, if
public sewer and water, and, where specified by the Comprehensive Plan, stormwater
drainage facilities are provided, the minimum lot size shall be as presented in WCC
20.24.252. There is no specified minimum lot size for multifamily development except as
specified in WCC 20.24.133(1) and other development regulations (e.g., parking, open
space, and height requirements). (Ord. 98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997).
Planning Commission Recommenda0on File #: ZON99 40018
I PI nn' a \Re \z ' a1999\ Z n99 -00018 ORD EX7 doc February 10 2000 -page 10
20.24.242 Density and minimum lot size.
Maximum /Minimum Minimum Lot Size Min. Reserve
Densitv Conventional Cluster Area (Cluster)
Minimum:
4 dwelling units per acre
Maximum:
(1) 4 dwelling units per acre
8,000 sq. ft. 4,000 sq. ft.
20%
(2) 6 dwelling units -per acre --
- --
using TDRs pursuant to the
N/A
provisions of Chapter 20.89
4,000 sq. ft. (single - family)
WCC
(3) up to 10 dwelling units per
acre using density bonus
provisions listed in WCC
20.24.255(2) through (6), only
4,000 sq. ft. (single - family)
N/A
after the first increment of
density increase permitted
under WCC 20.24.252(2),
above is fully attained.
20.24.255 Density bonuses.
Residential density may be increased up to 10 dwelling units per acre using one or more
of the options listed below. In order to qualify for options (2) through (6), option (1),
transferable development rights, must first be fully utilized. Bonuses may be granted based
on the quality of the features offered, the extent to which the development exceeds the
minimum level which qualifies for a bonus and extent to which the public will benefit from the
offered option. Conditions may be imposed to ensure a public benefit of approved bonuses.
The minimum lot size requirement maybe waived if any of the following are achieved:
(1) Up to a 50 percent bonus using transferable development rights. However.
(2) Up to a 50 percent bonus if at least one half of the total unit count of the project is
affordable housing, as defined in the housing chapter of the Whatcom County
Comprehensive Plan, inclusive of a provision to maintain said housing as such for a
reasonable duration.
Planning Commission Recommendation File M ZON99 -00018
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(3) Up to a 25 percent bonus for the development of a neighborhood park and related
improvements that satisfies the needs of the immediate neighborhood.
(4) Up to a 15 percent bonus for providing at least 15 percent additional open space
that is not otherwise restricted from development by other regulations.
(5) Up to a 15 percent bonus for restoring a degraded natural area which would
provide significant public enjoyment if enhanced.
(6) Up to a 10 percent bonus for providing enhanced perimeter buffering of adjacent,
less compatible uses that would make the subdivision a more compatible neighbor. (Ord.
98 -083 Exh. A § 66, 1998; Ord. 97 -046 § 2, 1997).
20.24.300 Lot clustering and reserve tract.
20.24.305---tot clustering.
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to reduce
development cost, increase energy efficiency and reserve areas of land which are suitable
for agriculture, forestry, open space or possible future development.
(2) The clustering option is also intended to help preserve open space and the character
of areas and reduce total impervious surface area thereby reducing runoff while assuring
continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of
watersheds, preservation of wetlands, preservation of aesthetic values including view
corridors, and preservation of potential trail and recreation areas. (Ord. 97 -046 § 29 1997).
20.24.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short
subdivision process.
(2) Building lots should be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints of the
site.
(3) Where practical, the majority of building sites should be arranged in a cluster or
concentrated pattern to be compatible with physical site features, allow for the efficient
conversion of the 'reserve tract' to other uses in the future, and have no more than two
common encroachments on existing county roads. The arrangement of clustered building
lots is intended to discourage development forms commonly known as linear, straight -line or
highway strip patterns.
(4) Common access to clustered building lots should be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to the
'reserve tract' for the purpose of future approved development. (Ord. 97 -046 § 2, 1997).
Planning Commission Recommendation
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20.24.320 Reserve tract.
For the purposes of this section, 'reserve tract" is defined as that portion of a proposed
subdivision or short subdivision which is intended for agricultural, forestry, open space or
future development purposes. All "reserve tract' created through the subdivision process
shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this chapter, the "reserve tract' may be
retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third
party.
(2) The 'reserve tract' may be considered as a building lot, provided that such lot is
included in the overall density calculation of the original parcel of record.
(3) The 'reserve tract' may be further subdivided only through the long subdivision
process and only under the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.20.305(2) by dividing the reserve tract and increasing the area
of reserve proportionately on the adjacent land being subdivided so that there is no net
reduction in reserve area; and when the reserve tract is owned by the original developer or a
third party, no property owner within the original subdivision will be significantly adversely
affected or suffer a substantial decrease of property value as a result of dividing the reserve
tract.
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other than a revision initiated by the private sector or done for a specific
area) and the public process has been gone through; subject to findings that there is no
adverse impact to critical areas and when the reserve tract is owned by the original
developer or a third party, no property owner within the original subdivision will be
significantly adversely affected or suffer a substantial decrease of property value as a result
of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in WCC 20.34.320(1), (2) and (3) shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) The above stated requirements (2) to (4) shall be recorded as a deed restriction at the
time of filing of the final plat or short plat, and shall constitute an agreement between
Whatcom County and the owner of record. Said deed restriction may be amended by mutual
agreement between said parties after review for consistency and compliance with the official
Whatcom County zoning ordinance, the Whatcom County subdivision ordinance and the
Whatcom County Comprehensive Plan. (Ord. 98 -083 Exh. A § 23, 1998; Ord. 97 -046 § 2,
1997).
20.24.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements) except as otherwise indicated in this chapter. (Ord. 97 -046 § 2, 1997).
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20.24.400 Height regulations.
Maximum height shall be limited to 35 feet. Height of structures shall also conform, where
applicable, to the general requirements of WCC 20.80.675. (Ord. 97 -046 § 2, 1997).
20.24.450 Lot coverage.
No structure or combination of structures, including accessory buildings, shall occupy or
cover more than 2,500 square feet or 40 percent, whichever is greater, of the total area
except as otherwise permitted in this chapter. (Ord. 97 -046 § 2, 1997).
20.24.650 Development criteria.
20.24.651 Plat language for proposed subdivisions.
When a proposed subdivision, binding site plan or short subdivision will be located
adjacent to or across a right -of -way from an existing Forestry District, the developer and any
subsequent purchasers or successors in interest shall agree to refrain from any legal action
to restrain or collect damages from the owners of such adjacent properties, or from
Whatcom County, arising out of any reasonable and lawful activity on said forestry lands
which occurs in the normal course of their established use. The agreement shall appear as
a covenant or deed restriction upon the plat and each lot thereof, and shall run with the land.
Said covenant or deed restriction may be removed by submission to and approval by the
Whatcom County hearing examiner, of a petition representing a majority of the land owned
by property owners within 300 feet of the plat boundary. However, the hearing examiner
shall remove the restriction only upon finding that the risk of liability to Whatcom County or
the previously existing forestry uses will not be increased thereby. (Ord. 97 -046 § 2, 1997).
20.24.652 Use of natural resources.
All discretionary project permits for land on or within one -half mile of the area designated
as Agriculture, Rural, 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 farm 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 § 24, 1998; Ord. 97 -046 § 2, 1997).
20.24.653 Landscaping.
Refer to WCC 20.80.300 for landscaping requirements. (Ord. 97 -046 § 2, 1997).
20.24.654 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 except as otherwise
provided for in this chapter. However, recreation vehicles, and boat parking and storage
shall be limited to side and rear yard areas. (Ord. 97 -046 § 2, 1997).
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20.24.655 Livestock regulations.
The keeping of livestock shall be administered pursuant to WCC 20.80.800
(Supplementary Requirements). (Ord. 97 -046 § 2, 1997).
20.24.700 Transfer of residential development rights.
.710 Areas designated in the Comprehensive Plan and assigned a UR -MX zone district,
with the exception of the Bennet Drive Residential Area designated on Map 3 of the Urban
Fringe Subarea Plan are considered recipient zones for transfer of development rights from
any sending area or base zone which has been established as linked to these areas. Base
Planning Commission Recommendation
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2) Section 20.80.465 is hereby established as follows:
2 Said sign(s) shall be harmonious and compatible in appearance with the character of the
surrounding area.
3 Signs may only be illuminated by an indirect external source