HomeMy WebLinkAboutord2016-011 RevisedWHATCOM COUNTY COUNCIL AGENDA BILL NO.
2016 -114
CLEARANCES
Initial
Date
Date Received in Council Of ice
A eenda Date
Assigned to:
Originator:
31812016
Introduction
2�4 i6
' ^ r� r_)
P &D Committee; Intro
Division Head:
312212016
Mark Personius
`�L, �` L
MAR 01 2016
Dept. Head:
Sam Rvan
4/5/2016
Public Hearing
Prosecutor:
Royce Buckingham
n A
W � u 1 AT C O M COUNTY
Purchasing /Budget:
COUNCIL
-
Executive:
Jack Louws
I
3 I
TITLE of D7 CU T.
Various Minor - endments to WCC Title 20 Zoning.
ATTACHMENTS:
1. Staff Memorandum
2. Proposed Ordinance and Exhibit
3. Staff Report
4. Planning Commission minutes for January 28, and February 11, 2016
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? (X') Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date
I The Council must hold a hearing if they want to change the Planning Commission's
recommendation (WCC 2.160.100(B)).
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Various Minor Amendments to WCC Title 20 Zoning. The proposal includes amendments to WCC Title 20 regarding: a)
revising procedures for administrative approval.permits, b) revising application docketing procedures, c) clarifying
development regulations for electric powerlines and water tanks, d) relocating approval criteria and performance standards
for home occupation and cottage industry, e) clarifying building heights in the Light Impact Industrial zone, f) updating
references regarding development on slopes in the Rural Residential Island zone, g) updating and clarifying lot
consolidation requirements, h) revising major project permit procedures, i) revising regulations for marijuana production
and marijuana processing, j) updating a reference regarding nonconforming use expansion, k) clarifying regulation of
broadcast tower heights, 1) clarifying prohibited uses, m) clarifying lot size and density in the Residential Rural zone, n)
clarifying provisions for lots previously created under the clustering provision in the Rural Forestry zone, o) clarifying
minimum setback requirements in the Lake Whatcom Watershed Overlay District and the Water Resource Protection
Overlay District, p) restoring setback tables that were inadvertently deleted and defining minor access streets for purposes
of setback calculation, and q) correcting outdated references to long -term and short-term planning areas.
COMMITTEE ACTION. •
COUNCIL ACTION:
3/22/2016: Amended and forwarded to Introduction
3/8/2016• Introduced 7 -0
3/22/2016: Introduced 7 -0
4/5/2016: Adopted 7 -Or Ord. 2016 -011
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2014 -00008
Ord. 2016 -011
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us /council.
3 -22 -2016
PROPOSED BY: Planning and Dev.
INTRODUCTION DATE: 3/8/2016
ORDINANCE NO. 2016-011
VARIOUS MINOR AMENDMENTS TO WHATCOM COUNTY CODE
TITLE 20 ZONING
WHEREAS, The Whatcom County Code needs various minor changes to correct errors, update
references, and clarify standards and procedures in Title 20 Zoning; and
WHEREAS, The Whatcom County Planning Commission held a public hearing on January 28,
2016; and
WHEREAS, Notice of the public hearing was published on January 15, 2016; and
WHEREAS, A State Environmental Policy Act (SEPA) determination of non - significance was
distributed February 29, 2016; and
WHEREAS, Notice of the proposed amendments was submitted to the Washington State
Department of Commerce on December 23, 2015; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. Currently WCC 20.84.225 allows the Hearing Examiner to "approve revisions to
conditional use permits; provided, that the proposed changes are within the scope and
intent of the original permit..." There is no such allowance for PDS to approve
revisions to administrative permits. Without the proposed amendment, minor revisions
to administrative permits require a new permit application.
2. The procedures for docketing zoning code, comprehensive plan, and zoning map
amendment applications are provided in 20.90.41 but the code currently lacks an
option for removing items once they are placed on the docket. The proposed
amendment provides an option to remove certain docketed items.
3. Currently the zoning code does not make it clear whether replacement of existing
electric powerline poles and towers is permitted outright. In addition, powerline towers
and water tanks have no flexibility to exceed the code's structure height limits because
a height variance is not possible unless there is a physical hardship associated with the
property. Also, the currently permitted size of an outright - permitted utility structure is
100 square feet. The proposed amendment changing the maximum permitted size to
200 square feet is consistent with the size of accessory storage buildings that are
allowed as accessory uses in most zones.
4. Currently the home occupation and cottage industry performance standards are listed
in Chapter 20.84, Variances and Conditional Uses, and in Chapter 20.97 Definitions,
respectively. Such standards are typically located in Chapter 20.80 Supplemental
Requirements. Also, RCW 36.70A.450 requires Counties to allow family day care
homes (an occupied dwelling providing day care for no more than six children) in
most zones, and authorizes Counties to regulate certain aspects of their operation. The
zoning code currently requires that family day care homes be subject to home
occupation standards. The amendment to not make family day care homes subject to
home occupation requirements would ensure that County requirements do not go
beyond what the County is authorized to regulate.
5. An apparent oversight left out part of a sentence in Note 1 under the Light Impact
Industrial (LII) setback table of 20.80.210. That note currently reads, "All setbacks
shall be increased by one foot of building height which exceeds 35 feet." Staff believes
the intent was to make the note read like Note 1 under the High Impact Industrial (HII)
setbacks: "All setbacks shall be increased by one foot for each foot of building height,
excluding tanks and similar structures..." The proposed amendment changes the LII
language, consistent with HII.
6. The Residential - Rural- Island (RRI) zone currently exempts certain platted lots from
the lot consolidation requirements of WCC 20.83.070. The chapter references a table
from the Lummi Island Comprehensive Plan. That plan is no longer in effect but the
same table exists in the current Lummi Island subarea Plan. In addition, re- ordering the
subsections of WC 20.83.070 would improve logical sequence of the section, for
better clarity.
7. The Residential - Rural- Island (RRI) zone chapter currently contains restrictions on
development activity in areas with unstable slopes, and references two maps in the
Lummi Island Comprehensive Plan (LICP). That plan has been replaced by the Lummi
Island Subarea plan, which does not have the slope maps. The current critical areas
ordinance would address the slope issues.
8. State law allows only one open- record public hearing for major project permits (RCW
36.70B.050(2)). The proposed amendment to WCC Chapter 20.88 clarifies that the
Hearing Examiner holds the only open- record public hearing for a major project
permit and is consistent with state law. Also, the current maximum number of days
between steps in the deliberation process may be insufficient for the County Council
and, if applicable, the Planning Commission to study complex major project permit
applications.
9. The State legislature recently changed the description of marijuana production in
statute, adding some activities that had previously been considered part of
"processing." Currently WCC 20.36.062 lists marijuana production as a permitted use
in the Rural zone. To be consistent with the changes to state law, the proposed
amendments change the definitions of both marijuana production and processing, and
move marijuana production from the "permitted uses" list to "administrative approval
uses." Marijuana processing is already an administrative approval use. The amendment
also updates the code to refer to the newly - retitled "State Liquor and Cannabis Board"
(formerly the Liquor Control Board).
10. The proposed amendment to Chapter 20.83 nonconforming uses corrects an outdated
reference to the conditional use criteria located in 20.84.220.
2
11. Currently most zoning districts list "prohibited uses" as "all other uses" plus additional
specified uses that were placed in the prohibited uses section for clarity. The proposed
amendments would add new wording for each zoning district to clarify that all uses not
listed as permitted, accessory, administrative approval, or conditional uses are
prohibited, including certain specified uses, which are listed for purposes of clarity."
12. The proposed amendment would add RR -2A to the zones listed in the first row of the
chart in 20.32.253 that have a gross density of one dwelling unit per five acres, and a
minimum lot size of five acres in areas without public water. Ordinance 2013 -032,
adopted in response to a GMHB order regarding the Comprehensive Plan's rural
element and the implementing development regulations, created a new density
classification in the Residential Rural (RR) zone, RR -2A. PDS's draft of that
ordinance added gross density and minimum lot size standards for RR -2A lots with
public water but inadvertently failed to do so for RR -2A lots without public water.
13. 20.80.256 currently contains a reference to the Rural Forestry zone's clustering
provision, 20.42.300, which was deleted in 2008. The proposed amendment removes
that reference and clarifies that the setback provisions in 20.80.256 applies to lots that
had been created under the Rural Forestry clustering provision when in was in effect.
14. Special setback provisions in the watershed protection overlays, WCC Chapters 20.51
and 20.71, refer to road types that were revised in a 2009 code amendment. The
proposed amendment updates the references.
15. While drafting revisions of the recent Marijuana amendments (Ordinance 2015 -006)
PDS staff inadvertently drafted the amendments to delete the setback tables for the
Residential Rural (RR) and Rural Residential — Island (RRI) zones. The proposed
amendment restores those setback tables. Also, a 2009 amendment removed a
definition for "Minor Access Streets" referred to in the setback tables. The proposed
amendment adds a definition consistent with the County's Development Standards.
16. Prior to 2009 the unincorporated portion of Whatcom County's urban growth areas
(UGA's) were divided into "short -term planning areas" (STPA's) and "long -term
planning areas" (LTPA's). Ordinance 2009 -071 eliminated the LTPA designation,
leaving all unincorporated portions of the UGA's as STPA's. The current 2016
Comprehensive Plan Update draft contains language that would remove the STPA
designation. The proposed amendment removes the numerous references to STPA's
that exist in WCC Title 20.
CONCLUSIONS
1. The amendments are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Whatcom County Code Title 20 is hereby amended as shown on Exhibits A
through Q.
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 Stn day of April
f °���
n:6
Daia Brown- Dgyis.. Council Clerk
APPROVED as to form:
Civil't e tyT' ecntor
2016.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
M
Approved
1
Jack Louws,
) Denied
Date: % <o/
March 22, 2016
EXHIBIT A
(ADMINISTRATIVE APPROVAL USE PERMIT REVISIONS)
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE
APPROVAL USES AND APPEALS
20.84.200 Conditional uses.
20.84.220 Criteria.
20.84.225 Revisions to conditional use permits.
The hearing examiner may approve revisions to conditional use permits; provided
that the proposed changes are within the scope and intent of the original permit.
"Within the scope and intent of the original permit" shall mean the following:
(1) Lot coverage and height may be increased a maximum of 10 percent from
the provisions of the original permit; provided, that revisions involving new
structures not shown on the original site plan shall require a new permit; and
provided further that any revisions authorized under this paragraph shall not
exceed height, lot coverage, setback or any other requirements of the regulations
for the area in which the project is located; and provided further that any revisions
authorized under this paragraph shall be reviewed for consistency with the relevant
chapters and policies in the Comprehensive Plan.
(2) Landscaping may be added to a project without necessitating an application
for a new permit; provided, that the landscaping is consistent with conditions (if
any) attached to the original permit and is consistent with the regulations for the
area in which the project is located;
(3) The use authorized pursuant to the original permit is not changed;
(4) No additional over -water construction will be involved for shoreline
conditional use permits;
(5) No substantial increase in adverse environmental impact will be caused by
the project revision.
20.84.230 Open record hearing notice.
March 22, 2016
20.84.235 Administrative approval uses.
20.84.236 Revisions to administrative approval use permits.
Planning and development services may approve revisions to administrative
approval use permits; provided that the proposed changes are within the scope and
intent of the original permit. "Within the scope and intent of the original permit"
shall mean the following:
(1) Lot coverage and height may be increased a maximum of 10 percent from
the provisions of the original permit; provided, that revisions involving new
structures not shown on the original site plan shall require a new permit; and
provided further that any revisions authorized under this paragraph shall not
exceed height, lot coverage, setback or any other requirements of the regulations
for the area in which the project is located; and provided further that any revisions
authorized under this paragraph shall be reviewed for consistency with the relevant
chapters and policies in the Comprehensive Plan.
(2) Landscaping may be added to a project without necessitating an application
for a new permit; provided, that the landscaping is consistent with conditions (if
any) attached to the original permit and is consistent with the regulations for the
area in which the project is located;
(3) The use authorized pursuant to the original permit is not changed;
(4) No additional over -water construction will be involved for shoreline
conditional use permits;
(5) No substantial increase in adverse environmental impact will be caused by
the project revision.
March 22, 2016
EXHIBIT B
(DOCKETING PROCEDURES)
Chapter 20.90
AMENDMENTS
20.90.041 The docket.
(1) The docket shall consist of initiated Comprehensive Plan amendments and
initiated WCC Title 20 and official zoning map amendments. Together with their
supporting application files, the docket shall be maintained by the department of
planning and development services and made available for public review during
normal business hours.
(2) The county council may remove a proposed amendment from the approved
docket by motion, unless the proposed amendment was: (a) initiated by a citizen
per WCC 20.90.030(4), (b) the amendment is consistent with state and federal
regulations, and (c) the applicant has provided all information required by the
planning and development services department. The department shall notify the
applicant not less than 30 calendar days prior to consideration of removal from the
docket. If the county council has not acted upon a docketed proposed amendment
during the year for which it has been docketed, the county council may place the
amendment on the following year's docket.
March 22, 2016
EXHIBIT C
(ELECTRIC POWERLINES, WATER TANKS, AND UTILITY STRUCTURES)
Chapter 20.82
PUBLIC UTILITIES
20.82.020 Permitted uses.
.021 Except as provided in WCC 20.82.030, the installation and maintenance,
including but not limited to replacement, of all utility lines including pipes, cables,
electrical and telephone poles, electrical powerline towers and wires; and associated
structures such as pump stations and equipment vaults; provided, that above-
ground structures shall conform to the size requirements of WCC 20.82.022.
.022 Buildings and structures 200 square feet in floor area or smaller including
pump houses, storage buildings, equipment buildings, and similar structures
necessary for the operation of the utility.
20.82.030 Conditional Uses
The following uses shall require a conditional use permit or major project permit
and shall be subject to a threshold determination in accordance with the Whatcom
County SEPA Ordinance:
(6) Water storage reservoirs with volumes exceeding 50,000 gallons, those with
height in excess of 12 feet above the ground level measured within 20 feet in all
directions of the tank. The following height standards shall apply:
(a) The height limit on the water storage reservoir shall be the minimum
necessary to accomplish its intended purpose. The applicant shall provide
technical documentation that the height proposed is the minimum necessary.
(b) The height of the water storage reservoir may exceed the height limit of
the underlying zone, provided that all other criteria in WCC 20.84.220 are
satisfied.
(7) Utility structures located above ground such as pump stations, equipment
buildings and similar structures greater than 200 square feet in area.
(9) Electrical substations and new electrical powerlines operating at voltages
greater than 55 kV (55,000 volts); provided, applications for such substations and
March 22, 2016
power lines shall be processed as a major development permit (pursuant to Chapter
20.88 WCC); provided, that no further major development permit shall be granted
for such lines which:
(a) Operate at greater than 115 kV (115,000 volts) except on land where
such permits have already been granted or in those districts classified as industrial;
or
(b) Operate at 115 kV (115,000 volts) and carry greater than 160 mw (160
megawatts) average loading, except on land where such permits have already been
granted or in those districts classified as industrial. For purposes of this section,
"average loading" means the average power in megawatts carried by a power line
over any 12 -month period;, provided, that loading at full line carrying capacity may
not extend beyond any 90 -day period;
(c) Are dedicated to provision of transmission service to (from) an electrical
generating plant having a generating capacity greater than 160 mw (160
megawatts), except on lands where such permits have already been granted or in
those districts classified as industrial.
(10) Electrical substations and new electrical power=lines with height in excess of the
zoning district's height limitations. The following height standards shall apply:
(a) The height limit on the substation or powerline shall be the minimum
necessary to accomplish its intended purpose. The applicant shall provide
technical documentation that the height proposed is the minimum necessary.
(b) The height of the substation or powerline may exceed the height limit of
the underlying zone, provided that all other criteria in WCC 20.84.220 are
satisfied.
March 22, 2016
EXHIBIT D
(HOME OCCUPATIONS AND COTTAGE INDUSTRIES)
Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT
20.20.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.105 Family day care homes.
Chapter 20.22
URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
20.22.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.105 Family day care homes.
Chapter 20.24
URBAN RESIDENTIAL MIXED (UR -MX) DISTRICT
20.24.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
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March 22, 2016
.105 Family day care homes.
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
20.32.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.105 Family day care homes.
20.32.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.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 20.84.220 and 20.80.980:
(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
1,250 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 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller parcel
may be approved by the hearing examiner by conditional use.
(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.
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March 22, 2016
(4) One nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be 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.
Chapter 20.34
RURAL RESIDENTIAL - ISLAND (RR -I) DISTRICT
20.34.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.105 Family day care homes.
20.34.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.134 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 20.84.220 and 20.80.980:
(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
1,250 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 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller parcel
may be approved by the hearing examiner by conditional use.
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March 22, 2016
(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 nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be 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.
Chapter 20.35
ELIZA ISLAND (EI) DISTRICT
20.35.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.107 Family day care homes.
20.35.130 Administrative approval uses.
.132 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 20.84.220 and 20.80.980:
(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
1,250 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 percent of the site, whichever is less.
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March 22, 2016
(2) The parcel size shall not be less than one acre; provided, that a smaller parcel
may be approved by the hearing examiner by conditional use.
(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 nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
Chapter 20.36
RURAL (R) DISTRICT
20.36.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.108 Family day care homes.
20.36.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.135 Cottage industries employing no more than two on -site people other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.80.980:
(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
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March 22, 2016
outside storage or other uses related to the cottage industry shall not exceed
10,000 square feet or 25 percent 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 nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be 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.
20.36.150 Conditional uses.
Items indicated by an " *" are not allowed outside rural communities and short -term
planning areas unless the applicant can demonstrate that there is a need to locate
outside those areas in order to comply with legal requirements or standards; or
that the proposed location is the most efficient place for the proposed use with
respect to providing needed services to the public.
.161 Cottage industries employing no more than four people on site, other than
family members residing on the premises, conducted in a structure(s) other than
the dwelling unit; provided, that in addition to the criteria found in WCC 20.84.220
and 20.80.980:
(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 land area used for buildings and
outside storage or uses related to the cottage industry shall not exceed one acre or
25 percent of the site, whichever is less.
(2) In the event materials will be stored outdoors, the hearing examiner shall
require adequate landscaping, screening or other devices in order that the material
will not be visible by surrounding uses or roads.
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March 22, 2016
(3) 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.
(4) In the R -10A zone, where the cottage industry involves production or
processing of forestry or agricultural related 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 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.
Chapter 20.37
POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.80.970.
.106 Family day care homes.
Chapter 20.40
AGRICULTURE (AG) DISTRICT
20.40.100 Accessory uses.*
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March 22, 2016
.110 Home occupations pursuant to WCC 20.80.970.
.112 Family day care homes.
20.40.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235,
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 20.84.220 and 20.80.980;
20.40.150 Conditional uses.*
.155 A cottage industry employing no more than four persons on site, other than
family members residing on the premises, and which may be conducted in
structures other than the dwelling unit; provided, that in addition to the criteria set
forth in WCC 20.84.220 and 20.80.980, the hearing examiner shall find that the
cottage industry satisfies the criteria of WCC 20.36.161(1) through (5).
Chapter 20.42
RURAL FORESTRY (RF) DISTRICT
20.42.100 Accessory uses.
.105 Home occupations pursuant to WCC 20.80.970.
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March 22, 2016
20.42.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.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 20.84.220 and 20.80.980:
(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 percent 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 nonilluminated sign, not to exceed 16 square feet in size, mounted on the
property, is permitted. A larger sign up to 32 square feet may be 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.
20.42.150 Conditional uses.
The conditional uses listed herein 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. Applicable
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March 22, 2016
conditional use permit criteria are established in the provisions of WCC 20.42.900
and will not be subject to the conditional use criteria provided for in WCC
20.84.220.
.164 Cottage industries per the criteria in WCC 20.80.980, 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) through (5).
Chapter 20.59
RURAL GENERAL COMMERCIAL (RGC) DISTRICT
20.59.100 Accessory uses.
.104 Family day care homes and mini -day care homes; mini -day care homes shall
conform to the definition of home occupation, WCC 20.80.970.
Chapter 20.60
NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT
20.60.100 Accessory uses.
.104 Family day care homes and mini -day care homes; provided, that mini -day
care homes conform to the definition of home occupation, WCC 20.80.970; and
further provided, that the single - family residence is a legally nonconforming use.
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March 22, 2016
Chapter 20.61
SMALL TOWN COMMERCIAL (STC) DISTRICT
20.61.100 Accessory uses.
.102 Home occupation pursuant to WCC 20.80.970.
.108 Family day care homes and mini -day care homes; mini -day care homes shall
conform to the requirements of home occupation, WCC 20.80.970.
Chapter 20.62
GENERAL COMMERCIAL (GC) DISTRICT
20.62.100 Accessory uses.
.104 Family day care homes and mini -day care homes; provided, that min -day care
homes conform to the requirements of home occupation, WCC 20.80.970; and
further provided, that such uses require a conditional use permit if located within
airport overlay zone 2 or 3 as shown in Whatcom County Comprehensive Plan
Appendix H.
Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT
20.63.100 Accessory uses.
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March 22, 2016
.104 Family day care homes and mini -day care homes; provided, that mini -day
care homes conform to the requirements of home occupation, WCC 20.80.970; and
further provided, that the single - family residence is a legally nonconforming use.
Chapter 20.64
RESORT COMMERCIAL (RC) DISTRICT
20.64.100 Accessory uses.
.104 Home occupations pursuant to WCC 20.80.970, except that one person other
than family residing on the premises may be employed.
.120 Family day care homes and mini -day care homes; mini -day care homes shall
conform to the requirements of home occupation, WCC 20.80.970.
Chapter 20.69
RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT
20.69.100 Accessory uses.
.109 Childcare facilities operated by, maintained by or funded by business in the
district for the purpose of serving the childcare needs of employees whose place of
employment lies within this zone district; provided, that mini -day care home uses in
a family dwelling shall conform to the requirements of home occupation, WCC
20.80.970.
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March 22, 2016
Chapter 20.80
Supplementary Requirements
20.80.970 Home Occupation.
Home occupations shall be subject to all the following requirements, which shall be
regarded as cumulative regardless of the number of home occupations on the site:
(1) No more than two people at one time, other than household members residing
on the premises, shall be engaged in such occupations.
(2) The use of the property for home occupations shall be clearly accessory to its
use for residential purposes.
(3) In all zones except EI, UR, URM, and URMX, home occupations shall not exceed
a total of 1,250 square feet of new building floor area, whether located in the
dwelling, accessory structure(s) or combination thereof. There is no square footage
limit inside accessory structures that existed on August 6, 2010; however, there
shall not be new square footage in addition to existing square footage that would
bring the total to greater than 1,250 square feet. In the EI, UR, URM, and URMX
zones, home occupations shall not exceed a total of 500 square feet of building
floor area, whether located in the dwelling, accessory structure(s) or combination
thereof.
(4) There shall be no change in the outside appearance of the building or premises
or other visible evidence of a home occupation inconsistent with the residential
character of the dwelling or neighborhood, other than one sign, not exceeding eight
square feet in area, nonilluminated and mounted on the property.
(5) No traffic shall be generated by such home occupations in greater volume than
would normally be expected in the applicable zoning district and is appropriate for
the road classification which serves the property.
(6) Home occupations may use or store vehicles, in accordance with the following:
a. The total number of vehicles used in connection with the home occupations
shall be permitted as follows:
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March 22, 2016
1. On a lot of record less than two acres, two commercial vehicles, each of
which shall not exceed 105,500 pounds gross vehicle weight;
2. On a lot of record two acres or greater, one commercial vehicle shall be
allowed for each acre, up to 10 vehicles, regardless of weight.
b. The vehicles shall not be stored within any required setback areas of the lot
or adjacent roadways and shall be adequately screened from adjacent
neighboring residences or roadways.
(7) Any need for parking generated by the conduct of such home occupations shall
comply with the off - street parking requirements as specified in this title. In
addition, parking shall be provided for nonresident employees.
(8) No equipment, process, or material shall be used in such home occupations
which creates noise, vibration, glare, fumes, odors or electrical interference beyond
the property line, or outside the building, in sufficient amounts and of such
characteristics and duration as is likely to be injurious or cause damage to human
health, plant or animal life, or property, or impacts heavier or different than would
be expected from a residential property.
(9) Sales are limited to merchandise manufactured or repaired on the premises
and /or items accessory to a service provided to patrons who receive services (such
as hair care products for a beauty salon), telephone, mail order, catalog, e-
commerce sales, or other electronic commerce sales. In no case shall home
occupations consist of only on -site retail sales. Fees rendered for services for the
sole use or purpose of providing merchandise or equipment (such as tanning beds,
copy machines, or similar products) shall be prohibited.
(10) The maximum nameplate horsepower rating of the electrical motors of any
single piece of machinery operating in the home occupations shall be five
horsepower. The electrical service for home occupations shall not exceed 200 amps.
(11) The following activities, which include but are not limited to mortuaries,
funeral homes, automobile, truck and heavy equipment repair and auto body work
or auto body painting, are prohibited as home occupations.
(12) Customers /clients are prohibited on the premises prior to 7:00 a.m. and after
8:00 p.m. unless an exception is specifically granted by the administrator.
20.80.980 Cottage Industry.
Cottage industry uses shall be subject to all the following criteria:
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March 22, 2016
(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 zoning district.
(4) There shall be no change in the outside appearance of the building or premises
inconsistent with the residential character of the dwelling or use of the surrounding
zoning district, other than signage consistent with the zoning regulations of the
applicable district.
(5) No traffic shall be generated by such cottage industry in greater volume than
would normally be expected in the applicable zoning district and appropriate for the
road classification which serves the property.
(6) Any need for parking generated by the conduct of such cottage industry shall
meet the off - street parking requirements as specified in this title. At least one
additional space shall be provided for each nonresident on -site employee.
(7) No equipment, process, or materials shall be used in such cottage industry
which creates noise, vibration, glare, fumes, odors or electrical interference off the
lot in sufficient amounts and of such characteristics and duration as is likely to be
injurious or cause damage to human health, plant or animal life, or property, or
which unreasonably interferes with enjoyment of life and property.
(8) Sales in connection with the activity are limited to merchandise manufactured
or repaired on the premises, items accessory to a service (such as hair care
products for a beauty salon), catalog or e- commerce sales or other products related
to or incidental to the primary business.
(9) Customers /clients are prohibited on the premises prior to 7:00 a.m. and after
8:00 p.m. unless an exception is specifically granted by the administrator.
(10) The portion of the structure housing the cottage industry shall comply with
life /safety regulations.
(11) Cottage industries should be limited to the manufacture and assembly of
finished products that shall not include the primary manufacture of petroleum
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March 22, 2016
products, rubber, plastics, chemicals, asbestos products or primary metal
industries. Such uses shall be sufficiently enclosed to mitigate potential impacts.
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.150 Reserved.
Chapter 20.97
DEFINITIONS
20.97.089 Cottage industry.
"Cottage industry" means a small light industrial, commercial, or service operation,
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.
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March 22, 2016
EXHIBIT E
(LIGHT IMPACT INDUSTRIAL SETBACKS)
Chapter 20.80
Supplementary Requirements
20.80.210 Minimum Setbacks.
Industrial Setbacks
[Heavy Impact Industrial (HII)
Road Type Other
Commercial, Collector Minor Local Neighborhood Minor I Side Rear
Industrial, I -5, Arterials or Collectors Access Collector I Access 'Yard Yard
State Hwys, Major Streets Streets
Principal & Minor Collectors
Arterials
100' 100' 1 100' 100' 100' 30 30' 30'
1. All setbacks shall be increased by one foot for each foot of building height, excluding tanks and
similar structures, which exceeds 50 feet.
Light Impact Industrial (LIZ)
Road Type
Commercial,
Collector
Minor
Industrial, I -5,
Arterials or
Collectors
State Hwys,
Major
Principal & Minor
Collectors
Arterials
30'
30'
30'
Local
Access
Streets
Neighborhood Minor
Collector Access
Streets
_ _ 34--F
Other
aide I Rear
hard Yard
30' 20' 10' I 10'
March 22, 2016
1. All setbacks shall be increased by one foot for each foot of building height, excluding tanks and
similar structures, which exceeds 35 feet.
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March 22, 2016
EXHIBIT F
(LUMMI ISLAND LOT CONSOLIDATION REFERENCE)
Chapter 20.34
RURAL- RESIDENTIAL - ISLAND DISTRICT
20.34.254 Lots platted prior to 1978.
Lots identified in the current Lummi Island Subarea Plan's Table 9, "Platted Lots of
Record Prior to 1978 Not Subject to Lot Consolidation" shall not be subject to the
lot consolidation provisions of WCC 20.83.070.
20.83.070 Lot consolidation.
Two or more lots of record shall be considered as one undivided parcel for the
purpose of use or sale if all of the following circumstances apply, except as modified
by WCC 20.83.071, 20.83.072, or 20.83.073:
(1) The lots were in one ownership as of the date of the adoption of the ordinance
codified in this section (March 21, 2000);
(2) One or more of the lots in question does not meet the conventional minimum
lot size of the applicable zone district;
(3) The lots are not separated by an intervening parcel in different ownership or by
public right -of -way;
(4) No more than one lot is developed with a legally established permitted or
conditional use;
(5) At least one of the lots is less than one acre or located within the Lake Whatcom
watershed or other water resource protection overlay district, a designated critical
area, or an area zoned agriculture, commercial forestry, or rural forestry.
.071 Lots that were formally established after September 2, 1955, by long plats,
assessor's plats, short plats, the binding site plan process, divisions certified
exempt on the conveying instrument by Whatcom County, Lummi Island lots
exempted per WCC 20.34.254, or parcels which were legally created after February
3, 1972, under an exemption included in the Whatcom County subdivision
regulations in place at the time they were divided, are exempt from the lot
consolidation requirements of WCC 20.83.070.
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March 22, 2016
.072 The following formula shall be used to determine the maximum number of lots
which shall be permitted by the consolidation of substandard lots. This formula is
not applicable to satisfying the requirements of Chapter 20.89 WCC.
The total area of all lots subject to consolidation under this section shall be added
together and the sum divided by the minimum noncluster lot size for the zoning
district. The whole number quotient shall be the maximum number of lots;
provided, that an additional lot shall be allowed if the quotient contains a fraction of
0.5 or more; and provided further, that the number of lots shall not exceed the
original number of lots. Parcels recognized as permitted lots under this subsection
are not required to obtain administrative approval under WCC 20.83.072.
.073 Any owner of lots subject to consolidation hereunder may apply for
administrative approval for relief from the provisions of WCC 20.83.070 on the
grounds that such requirements place an unreasonable burden upon the property
affected. In evaluating such a claim, the zoning administrator shall grant
consolidation relief if all of the following circumstances apply:
(1) That each lot has a water and sewer service from a public provider or an on -site
water and sewage disposal system approved by the Whatcom County department
of health and human services.
(2) That each lot has a building site, exclusive of building setbacks, at least 40 feet
wide and 40 feet deep, which is not located within the Lake Whatcom watershed or
other water resource protection overlay district, a designated critical area, or an
area zoned agriculture, rural forestry or commercial forestry.
(3) That each lot has legal and physical access to a public or private road improved
to county road standards.
(4) The proposed consolidation relief meets the approval criteria of WCC
20.84.220(3) through (8).
The procedures for administrative approval uses (WCC 20.84.235) shall be followed
when processing a lot consolidation relief application, except that the approval
criteria of WCC 20.84.220(1) and (2) shall not apply.
29
EXHIBIT G
(LUMMI ISLAND PLAN SLOPE REFERENCE)
Chapter 20.34
RURAL- RESIDENTIAL - ISLAND DISTRICT
[20.34.656 deleted]
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March 22, 2016
EXHIBIT H
(MAJOR PROJECT PERMIT PROCEDURES)
Chapter 20.88
MAJOR PROJECT PERMITS
20.88.200 Procedure.
March 22, 2016
.210 The hearing examiner shall hold one public hearing in accordance with
Chapter 20.92 WCC and the requirements set below. This shall be an open record
hearing and, per RCW 36.708.050(2), the county shall hold no subsequent open
record hearings.
.225 Within 45 calendar days after the hearing examiner's recommended decision
has been filed, the county council shall do one of the following:
(1) Refer the project to the planning commission for a recommendation.
(2) Hold a public meeting to deliberate on the project application and, within 20
calendar days of the meeting, issue a final written decision.
.230 If the project is referred to the planning commission, that body shall within 45
calendar days hold all necessary public meetings and file with the county council a
written recommendation for approval or denial and may include conditions of
approval, together with the findings upon which the recommendation is based. The
applicant may waive the 45 calendar day time limitation.
.235 A written notice of the public meeting before the planning commission or the
county council shall be mailed to all parties of record, on file with the clerk of the
county council not less than five calendar days prior to the hearing.
.240 The deliberation and recommendation of the planning commission shall be
based solely upon consideration of the record, the hearing examiner's
recommendation and the criteria set forth in WCC 20.88.130(1) through (7).
.245 Upon receipt of the planning commission recommendation, the county council
shall within 45 calendar days hold a public meeting to deliberate on the application
and within 20 calendar days of the meeting issue a final written decision on the
application considering the recommended decisions of the hearing examiner and
planning commission.
.255 The county council's final written decision may include conditions when the
project is approved and shall state the findings of fact upon which the decision is
based.
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March 22, 2016
.260 Deliberation at any public meeting before the county council or planning
commission may be limited in scope to particular issues or problems at the
discretion of either body.
.265 The deliberation and decision of the county council shall be based solely upon
consideration of the record, the recommendations of the hearing examiner and the
planning commission (when applicable), and the criteria set forth in
WCC 20.88.130(1) through (7).
Chapter 20.92
HEARING EXAMINER
20.92.430 Time limitation on decision.
Except for major project permits, each final decision and recommended decision of
the hearing examiner shall be rendered within 10 calendar days following the
conclusion of all testimony and hearings. For major project permits, the hearing
examiner shall render recommendations within 45 calendar days following the
conclusion of the open- record hearing.
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March 22, 2016
EXHIBIT I
(MARIJUANA PRODUCTION AND PROCESSING)
Chapter 20.36 Rural (R) District
20.36.050 Permitted uses.
.062 Reserved. [Move this subsection to Administrative approval uses and
renumber] .137 Marijuana production facility, provided that in addition to the
criteria found in WCC 20.80.690 -694:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance shall be measured as the shortest straight line distance from
the property line of the proposed building /business location to the
property line of the community center.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
production of marijuana. The zoning administrator may waive this spacing
requirement from residential units if the owners of all existing residential
units within 300 feet provide a notarized written agreement as provided
by the department consenting to the facility.
(3) On parcels smaller than 4.5 acres the facility shall not exceed a total of
2,000 square feet, except where the facility is contained within a building
that existed on the effective date of this ordinance.
20.36.130 Administrative approval uses.
.138 Marijuana processing facility, provided that in addition to the criteria found in
WCC 20.80.690 -694 and WCC 20.84.235:
(1) The facility is accessory to the on -site production of marijuana.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The distance shall be
measured as the shortest straight line distance from the closest point of a
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March 22, 2016
single - family dwelling (structure) to any structure or fence used for the
processing of marijuana. The zoning administrator may waive this spacing
requirement if the owners of all existing residential units within 300 feet
provide a notarized written agreement as provided by the department
consenting to the facility.
(3) On parcels smaller than 4.5 acres the total area used for marijuana
processing and production shall not exceed 2,000 square feet, except
where the facility is contained within a building that existed on the
effective date of this ordinance.
Chapter 20.80 Supplementary Requirements
20.80.692 Application for County Development Permits - Timing.
Applicants for marijuana production, processing, or retailing may apply for county
development permits at any time. Applicants who wish to apply for county permits,
or commence construction of facilities for producing, processing, or retailing of
marijuana under chapter 69.50 RCW, prior to obtaining approval as a state - licensed
marijuana producer, processor or retailer do so at their own risk. Final occupancy of
the building will not be granted until a state liquor and cannabis board license has
been approved.
Chapter 20.97 Definitions.
20.97.225 Marijuana, marihuana or cannabis.
"Marijuana," "marihuana" or "cannabis" means all parts of the plant cannabis,
whether growing or not, with a THC concentration greater than 0.3 percent on a dry
weight basis; the seeds thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include the mature stalks of the plant,
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March 22, 2016
fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
20.97.226 Marijuana processing facility.
"Marijuana processing" means a facility licensed by the state liquor and cannabis
board to process marijuana into useable marijuana, marijuana concentrates, and
marijuana- infused products, package and label useable marijuana and marijuana -
infused products for sale in retail outlets, and sell useable marijuana and
marijuana- infused products at wholesale to marijuana retailers. A marijuana
processing facility shall include any structure that is associated with the processing
of marijuana.
20.97.227 Marijuana production facility.
"Marijuana production" means a facility licensed by the state liquor and cannabis
board to produce, harvest, trim, dry, cure, and package marijuana, and sell
marijuana at wholesale to state - licensed marijuana processors and other state -
licensed marijuana producers. A marijuana producer may also produce and sell
marijuana plants, seed, and plant tissue culture to other state - licensed marijuana
producers. The area of a marijuana production facility includes all the area enclosed
within a structure or fence that is required by the state liquor and cannabis board
for the production of marijuana. Indoor production shall be within a fully enclosed
secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor
production may take place in non -rigid greenhouses, other structures, or an
expanse of open or cleared ground fully enclosed by a physical barrier.
20.97.228 Marijuana retail facility.
"Marijuana retail" means a facility licensed by the state liquor and cannabis board
to sell useable marijuana and marijuana- infused products in a retail outlet. A
marijuana retail facility shall include any building that is associated with the sale of
marijuana.
35
March 22, 2016
EXHIBIT 7
(NONCONFORMING USE REFERENCE)
Chapter 20.83
NONCONFORMING USES AND PARCELS
20.83.020 Expansion of nonconforming use.
(1) Nonconforming uses may be extended throughout any building partially
occupied by such use at the time of passage of the ordinance codified in this
section, except for nonconforming adult businesses, which shall not be extended to
other parts of the building.
(2) The expansion of a nonconforming use by addition or enlargement shall require
a conditional use permit, except for nonconforming adult businesses, which shall
not be expanded. The expansion must be on the parcel as it existed at the time the
use became nonconforming and the use shall not expand on adjacent parcel(s). The
expansion shall be approved if it is consistent with the applicable zoning regulations
except the use restrictions and complies with WCC 29.84.220(2) to (9).
20.83.070 Lot consolidation.
.072 Any owner of lots subject to consolidation hereunder may apply for
administrative approval for relief from the provisions of WCC 20.83.070 on the
grounds that such requirements place an unreasonable burden upon the property
affected. In evaluating such a claim, the zoning administrator shall grant
consolidation relief if all of the following circumstances apply:
(4) The proposed consolidation relief meets the approval criteria of
WCC 27.84.229(3) through (9).
The procedures for administrative approval uses (WCC 20.94.2 5) shall be followed
when processing a lot consolidation relief application, except that the approval
criteria of WCC 29.84.220(1) and (2) shall not apply.
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March 22, 2016
EXHIBIT K
(APPLYING DEVELOPMENT STANDARDS TO PUBLIC UTILITIES)
Chapter 20.82
PUBLIC UTILITIES
20.82.010 Intent.
The provisions of this chapter regulate the installation, maintenance and operation
of public utility lines, sanitary sewer, pipelines for oil and gas, railroads (but not
included switching yards or round houses), or maintenance facilities. The citizen
initiative, enacted through Ordinance 90 -124, regarding power line placement,
Comprehensive Plan land use designations, Comprehensive Plan policy directives
and the specific provisions of this chapter, shall be the basis for decisions regarding
utility development. This chapter applies to all zoning districts unless stated
otherwise. The uses listed in this chapter are subject to the development standards
of the underlying zoning district unless stated otherwise in this chapter.
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March 22, 2016
EXHIBIT L
(PROHIBITED USES)
Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT
20.20.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.203 Mental health facilities that provide crisis care.
.204 Substance abuse facilities that provide crisis care.
.205 Outpatient mental health facilities.
.206 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.
.210 Secure community transition facilities for sex offenders.
Chapter 20.22
URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
20.22.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
Chapter 20.24
URBAN RESIDENTIAL MIXED (UR -MX) DISTRICT
20.24.200 Prohibited uses.
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March 22, 2016
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.203 Mental health facilities that provide crisis care.
.204 Substance abuse facilities that provide crisis care.
.205 Outpatient mental health facilities.
.206 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.
.210 Secure community transition facilities for sex offenders.
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
20.32.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.203 Mental health facilities that provide crisis care.
.204 Substance abuse facilities that provide crisis care.
.205 Outpatient mental health facilities.
.206 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.
.210 Secure community transition facilities for sex offenders.
Chapter 20.34
RESIDENTIAL RURAL- ISLAND (RR -I) DISTRICT
20.34.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
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March 22, 2016
.202 Adult businesses.
.203 Mental health facilities that provide crisis care.
.204 Substance abuse facilities that provide crisis care.
.205 Outpatient mental health facilities.
.206 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.
.210 Secure community transition facilities for sex offenders.
Chapter 20.35
ELIZA ISLAND (EI) DISTRICT
20.35.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Single- family residential on platted community tracts is prohibited, except for
one single - family dwelling for the island's caretaker.
.202 Adult businesses.
.203 All docks not permitted in WCC 20.35.102
.204 All other uses not permitted, accessory, or conditional.
.205 Storage or occupation of recreational vehicles.
Chapter 20.36
RURAL (R) DISTRICT
20.36.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.210 Secure community transition facilities for sex offenders.
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March 22, 2016
Chapter 20.37
POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.210 Secure community transition facilities for sex offenders.
Chapter 20.40
AGRICULTURE (AG) DISTRICT
20.40.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
Chapter 20.42
RURAL FORESTRY (RF) DISTRICT
20.42.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
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March 22, 2016
Chapter 20.43
COMMERCIAL FORESTRY (CF) DISTRICT
20.43.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
Chapter 20.44
RECREATION AND OPEN SPACE (ROS) DISTRICT
20.44.200 Prohibited uses.
All uses not listed as permitted, accessory, or ' conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of
clarity:
.201 Reserved.
.202 Adult businesses.
Chapter 20.59
RURAL GENERAL COMMERCIAL (RGC) DISTRICT
20.59.250 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.251 Reserved.
.252 Adult businesses.
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March 22, 2016
Chapter 20.60
NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT
20.60.200 Prohibited uses.
All uses not listed as permitted, accessory, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of
clarity:
.201 Reserved.
.202 Adult businesses.
Chapter 20.61
SMALL TOWN COMMERCIAL (STC) DISTRICT
20.61.250 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.251 Reserved.
.252 Adult businesses.
Chapter 20.62
GENERAL COMMERCIAL (GC) DISTRICT
20.62.200 Prohibited uses.
All uses not listed as permitted, accessory, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of
clarity:
.201 Reserved.
.202 Adult businesses.
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March 22, 2016
Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT
20.63.200 Prohibited uses.
All uses not listed as permitted, accessory, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of
clarity:
.201 Reserved.
.202 Adult businesses.
Chapter 20.64
RESORT COMMERCIAL (RC) DISTRICT
20.64.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.203 Mental health facilities that provide crisis care.
.204 Substance abuse facilities that provide crisis care.
.205 Outpatient mental health facilities.
.206 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.
.210 Secure community transition facilities for sex offenders.
Chapter 20.65
GATEWAY INDUSTRIAL (GI) DISTRICT
20.65.200 Prohibited uses.
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March 22, 2016
All uses not listed as permitted, accessory, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of
clarity:
.201 Reserved.
.202 Adult businesses.
Chapter 20.66
LIGHT IMPACT INDUSTRIAL (LII) DISTRICT
20.66.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses except those allowed as an administrative approval use
under WCC 20.66.131.
.203 In the Urban Fringe Subarea the following uses are prohibited: petroleum
refinery and the primary manufacturing of products thereof, primary manufacturing
and processing of rubber, plastics, chemicals, paper, asbestos and products derived
thereof, and primary metal industries.
Chapter 20.67
GENERAL MANUFACTURING (GM) DISTRICT
20.67.200 Prohibited uses.
All uses not listed as permitted, accessory, or
including but not limited to the following, which
clarity:
.201 Reserved.
.202 Adult businesses.
45
conditional uses are prohibited,
are listed here for purposes of
March 22, 2016
Chapter 20.68
HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.200 Prohibited uses.
All uses not listed as permitted, accessory, administrative approval, or conditional
uses are prohibited, including but not limited to the following, which are listed here
for purposes of clarity:
.201 Reserved.
.202 Adult businesses.
.203 In the Urban Fringe Subarea the following uses are prohibited: petroleum
refinery and the primary manufacturing of products thereof, primary manufacturing
and processing of rubber, plastics, chemicals, paper, asbestos and products derived
thereof, and primary metal industries.
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March 22, 2016
EXHIBIT M
(RESIDENTIAL RURAL LOT SIZE)
Chapter 20.32
Residential Rural (RR) District
20.32.253 Maximum density and minimum lot size.
The following districts with their associated lot sizes, as indicated below, are only
allowed within rural neighborhoods and rural communities, as described in the
Comprehensive Plan: RR -2A, RR -1, RR -2, and RR -3. The RR -5A and RR -10A
Districts are allowed in the rural areas; the Comprehensive Plan contains policies
regarding application of these districts within the residential rural designation. For
boundary line adjustments on lots not conforming to minimum lot sizes in this
zoning district, lot size averaging may be used by calculating the average lot size of
legal lots of record within 500 feet of the outside perimeter of the lots proposed for
boundary line adjustment.
47
Minimum Lot Size
Min. Reserve
Area (Cluster
District
Gross Density
Conventional
Cluster
Subdivisions)
RR -1, RR -2,
1 dwelling unit /5 acres
5 acres
N/A
N/A
RR -3, RR -2A,
RR -5A:
without public
water
RR -10A
1 dwelling unit /10 acres
10 acres
N/A
N/A
without public
water
With public water, and stormwater detention and collection facilities:
RR -1
1 dwelling unit /1 acre
36,000 sq. ft.
15,000 sq.ft.
30%
RR -2
2 dwelling units /1 acre
18,000 sq. ft.
15,000 sq.ft.
10%
RR -3
3 dwelling units /1 acre
12,000 sq. ft.
8,000 sq.ft.
25%
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March 22, 2016
RR -2A
1 dwelling unit /2 acres
2 acres
15,000 sq.ft.
30%
RR -5A
1 dwelling unit /5 acres
5 acres
15,000 sq.ft.
30%
RR -10A
1 dwelling unit /10 acres
10 acres
15,000 sq.ft.
30%
RR -5A and
Maximum: 1 dwelling
See WCC
15,000 sq.ft.
30%
RR -2A subject
unit/ 1 acre per WCC
20.32.252
to rural
20.32.252(2)
residential
density
overlay
48
March 22, 2016
1W14:111-)6i0 1
(RURAL FORESTRY SETBACKS REFERENCE)
Chapter 20.80
Supplementary Requirements
20.80.256 Forestry districts. (Adopted by reference in WCCP Chapter 2.)
(3) Where a parcel had been created pursuant to the rural forestry district's
clustering provision or when a permitted residence (WCC 20.42.056), adjoins an
existing parcel of 20 acres or more in size or a parcel that is being cultivated for
commercial forestry production, a minimum building setback of 100 feet shall be
established from the common property line.
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March 22, 2016
EXHIBIT O
(WATERSHED ROAD SETBACKS)
Chapter 20.51
LAKE WHATCOM WATERSHED OVERLAY DISTRICT
20.51.340 Building setback /buffer areas.
.341 Setbacks for all properties within the overlay district shall be as follows: roads
classified as state highways, principal arterials, minor arterials, and collector
arterials or major collectors shall have a minimum setback of 30 feet; and roads
classified as minor collectors, local access streets, neighborhood collector or minor
access streets shall have a minimum setback of 20 feet; provided, that the road
right -of -way meets the minimum standard for road rights -of -way pursuant to the
Whatcom County Development Standards.
Chapter 20.71
WATER RESOURCE PROTECTION OVERLAY DISTRICT
20.71.400 Building setback /buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: roads
classified as state highways, principal arterials, minor arterials, and collector
arterials or major collectors shall have a minimum setback of 30 feet; and roads
classified as minor collectors, local access streets, neighborhood collector or minor
access streets shall have a minimum setback of 20 feet; provided, that the road
right -of -way meets the minimum standard for road rights -of -way pursuant to the
Whatcom County Development Standards.
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March 22, 2016
EXHIBIT P
(SETBACK TABLES)
Chapter 20.80
Supplementary Requirements
20.80.200 Setback requirements (Adopted by reference in WCCP Chapter 2)
20.80.210 Minimum Setbacks.
(5) Setbacks. For the purposes of this chapter, the road classification used to
determine setback requirements shall be as set forth in this section. In the event a
particular road is not listed in this section, the department of public works shall
determine the classification, which classification shall be based on the Whatcom
County Development Standards or such other local, state or federal roadway
standards as the department of public works deems appropriate. Dead -end or loop
streets providing access to 16 or fewer lots shall be classified as minor access
streets.
(a) Setback Requirements of All Districts.
(i) No manure lagoon or other open pit storage shall be located closer
than 150 feet from any property line, or in a manner which creates any
likelihood of ground water pollution or other health hazard.
(ii) All manure storage shall be protected from a 25 -year flood and shall
be located 50 feet from irrigation ditches and waterways, 50 feet from
the ordinary high water line of any lake or waterway; provided, that
best management practices as determined by the Whatcom County
Conservation District are in place. If the best management practices are
not in place, 300 feet shall be substituted for 50 feet.
(iii) In all districts where a single - family residence is a primary
permitted use, a building permit may be issued for the construction of a
replacement dwelling on the same lot; provided, that the owner agrees
by filing a statement with the building official that the old dwelling will
51
March 22, 2016
be demolished, removed or converted to another permitted use upon
completion of the new dwelling.
(iv) A 10 -foot setback from the international border between Canada
and the United States shall be maintained as an open space vista. The
10 -foot setback area may be used for landscaping, agriculture, and
natural vegetation. Structures may only be built within the 10 -foot
setback area after approval from the International Boundary
Commission.
(b) Setbacks Table.
Rural Residential Setbacks
Residential Rural (RR)
Road Type
Other
Commercial,
Local
Neighborhood
Minor
Side
Rear
Industrial, I -5,
Collector Arterials or
Minor
Access
Collector
Access
Yard
Yard
State Hwys,
Major Collectors
Collectors
Streets
Streets
Principal & Minor
Arterials
45'
35'
25'
25'
25'
20'
5i1,2
511
Water Resource Protection Overlay
30'
30'
20'
20'
20' 20'
5'
5'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry Zone
District, except that such parcels whose owners have filed an agreement with the county auditor as
specified in WCC 20.32.651. shall be subject to the standard setback in WCC 20.80.210.
2. A 1U -toot setback trom the international border between Canada and the United States shall be
maintained as an open space vista. The 10 -foot setback area may be used for landscaping, agriculture,
and natural vegetation. Structures may only be built within the 10 -foot setback area after approval from
the International Boundary Commission.
'Roof overhangs or other additional features shall not project further than 18 inches into the side or rear
yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case
52
March 22, 2016
will they extend more than one -half the depth of the front yard setback.
ZZero lot line side yard setbacks may be approved by the zoning administrator for single - family attached
dwelling units along the common property line where the dwellings share a common wall.
Rural Residential - Island (RR -I)
Road Type
Other
Commercial,
Collector Arterials or
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, I -5,
Major Collectors
Collectors
Access
Collector
Access
Yard
Yard
State Hwys,
Streets
Streets
Principal &
Minor Arterials
25'
25'
25'
20'
5'
5'
Residential Rural- Island District. Setbacks shall be increased to 100 feet for those parcels situated
adjacent to the Forestry Zone Districts, except that such parcels whose owners have filed an agreement
with the county auditor as specified in WCC 20.42.651 shall be subject to the standard setback in
war 7n_Rn_?in
Point Roberts Transitional Zone (TZ)
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March 22, 2016
EXHIBIT Q
(SHORT TERM PLANNING AREA REFERENCES)
Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT
20.20.050 Permitted uses.
.052 Single- family attached dwellings; provided, that public sewer, water and,
where identified by the appropriate subarea 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.
20.20.150 Conditional uses.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses,
excluding correctional facilities other than those listed in WCC 20.20.184.
.155 Neighborhood grocery stores; provided, that:
(1) The gross commercial floor areas, including sales and storage areas, shall not
exceed 2,500 square feet;
(2) Storage areas shall be located entirely within the structure; however, outside
trash receptacles shall be enclosed and screened from public view;
(3) The owner may have no more than two gasoline islands;
(4) Minor auto repairs may be provided; however, engine overhaul, body and
fender work, tire recapping and vehicle sales are prohibited;
(5) Hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.;
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March 22, 2016
(6) Height of the building shall not exceed 28 feet from the average grade;
(7) The site shall be full fronting on two or more improved public roads or streets;
(8) 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;
(9) Not more than two identification signs, not exceeding 40 square feet in area for
each road frontage, shall be permitted; provided, that said sign(s) shall be attached
flush against the building, but shall not project above any part of the roofline nor
extend more than 18 inches from the wall of the building to which it is attached.
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.
20.20.252 Maximum density. minimum lot size and maximum lot size.
55
Maximum
Maximum
Minimum Lot Size
Lot Size
Min. Reserve
Gross
Conventional
Cluster
Cluster
Area (Cluster
District
Density
Lots
Subdivisions)
UR: all densities
Maximum
N /A*
8,000
22,000 sq.
80%
without public
gross
sq. ft.
ft.
sewer and water **
density: 1
dwelling
unit /10 acres
UR: in Lake
Maximum
5 acres
N/A
N/A
N/A
Whatcom
density: 1
Watershed with
dwelling
public sewer and
unit /5 acres
water, and
stormwater
collection and
detention facilities
UR: all densities
Maximum
N /A*
8,000
22,000 sq.
80%
with public sewer
gross
sq. ft.
ft.
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March 22, 2016
or water **
density: 1
dwelling
unit /10 acres
UR -3: with public
Maximum
12,000 sq. ft.
8,000
N/A
25%
sewer and water,
gross
sq. ft.
and stormwater
density: 3
collection and
dwelling
detention facilities
units /1 acre
UR -4: with public
Maximum
8,000 sq. ft.
6,000
N/A
20%
sewer and water,
gross
sq. ft.
and stormwater
density: 4
collection and
dwelling
detention facilities
units /1 acre
Minimum net
density: 4
dwelling
units /1
acre **
UR -6: with public
Maximum
5,500 sq. ft.
4,000
N/A
20%
sewer and water,
gross
sq. ft.
and stormwater
density: 6
collection and
dwelling
detention facilities
units /1 acre
Minimum net
density: 6
dwelling
units /1
acre **
* For the purpose of administering the lot consolidation provisions of WCC
20.83.070, the conventional minimum lot size shall be 10 acres.
** Minimum density shall be calculated as net density, after deducting the
areas restricted from development by critical area regulations and
infrastructure requirements.
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March 22, 2016
7n_7n_759; Minimum Int width and dpnth_
District
Width at Street Line
Width at
Bldg.
Line
Minimum
Mean
Depth
Conventional
Cluster
UR: all districts without public
sewer and water
300'
70'*
80'
100'
UR: with public sewer and water,
and stormwater collection and
detention facilities:
3 units per acre
30'
30'
70'
80'
4 units per acre
30'
30'
60'
70'
*30' on a cul -de -sac only
20.20.320 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 tracts 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 it is
included in the overall density calculation of the original parcel of record.
Where public water and sewer are not available, the reserve tract may be
considered a building lot only under one of the following additional conditions:
(a) Residential construction and accessory structures are restricted to a
building envelope that is delineated on the final plat or short plat. The building
envelope shall:
(i) Be contiguous with the outside boundary of the clustered lots; and
(ii) Be entirely located 200 feet or less from the outside boundary of the
clustered lots; and
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March 22, 2016
(iii) Not exceed the maximum lot size for clustered lots in the zone.
(b) Residential construction and accessory structures are restricted to a
building envelope that is delineated on the final plat or short plat. The building
envelope shall:
(i) Be contiguous with an exterior property line of the original parcel of
record; and
(ii) Be entirely located 200 feet or less from an exterior property line of
the original parcel of record; and
(iii) Not exceed the maximum lot size for clustered lots in the zone.
(c) An existing residential use and accessory structures may be located
anywhere on the reserve tract. Clustered lots shall be located adjacent to such
existing residential use, unless the zoning administrator determines that:
(i) Because of physical circumstances applicable to the site, clustering
adjacent to the existing residential use would hinder access to the reserve
tract for future urban development; or
(ii) Protection of environmental features would be negatively impacted; or
(iii) Existing agricultural structures would be negatively impacted.
(3) The reserve tract may be further subdivided only through the long subdivision
process and only under one of 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 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; or
(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
58
March 22, 2016
affected or suffer a substantial decrease of property value as a result of
dividing the reserve tract; or
(c) Public water and sewer serve the proposed development on the reserve
tract.
Chapter 20.22
URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
20.22.010 Purpose.
To accommodate the county's need for medium and higher density and compatible
nonresidential areas in urban growth areas, as identified in the appropriate subarea
Comprehensive Plan. Since Urban Residential Medium Density areas may be
adjacent to other land uses, compatibility among adjacent uses shall be
accomplished through responsible design and development considerations of this
district.
20.22.050 Permitted uses.
.051 Single- family dwellings, duplexes, and multifamily dwellings consistent with
the density requirements of the district; provided, that if the total number of
dwelling units per lot is greater than four, the site plan shall be reviewed by the
technical committee for consistency with the general development criteria of this
district as set forth in WCC 20.22.650. Adequate right -of -way and street
improvements may also be required so that adjacent public roadways will conform
with the road standards section of the county development standards. In the
Bellingham Urban Growth Area, roads must also conform with the city of
Bellingham's road standards.
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March 22, 2016
20.22.150 Conditional uses.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses,
excluding correction facilities other than those listed in WCC 20.22.184.
.152 Public schools; and parochial or private schools; provided such schools shall
be approved by the State Superintendent of Public Instruction.
.154 Retirement and convalescent homes; social and health rehabilitation centers;
day care centers; mini -day care centers; and adult care centers not in a family
dwelling; and other health - related services consistent with the purpose of the
district.
20.22.252 Maximum /minimum density and minimum lot size — General.
(1)
.o
Maximum
Minimum
Lot Size
Reserve
Minimum Lot
Minimum
Area
Gross
Size —
Lot Size
Clustered
(Cluster
District
Density
Conventional
— Cluster
Lots
Divisions)
URM: all densities
Maximum
N /A*
7,200 sq.
22,000 sq.
80%
without public sewer
density: 1
ft.
ft.
and water
dwelling
unit /10
acres
URM: all densities with
'Maximum
N /A*
7,200 sq.
22,000 sq.
80%
public sewer or water
density: 1
ft.
ft.
dwelling
unit /10
acres
URM -6: with public
Maximum
7,200 sq. ft.
N/A
N/A
N/A
sewer and water, and
density: 6
stormwater collection
dwelling
and detention facilities
units /acre
URM -12: with public
Maximum
7,200 sq. ft.
N/A
N/A
N/A
.o
March 22, 2016
sewer and water, and
stormwater collection
and detention facilities
density: 12
dwelling
units /acre
URM -18: with public
Maximum
7,200 sq. ft.
N/A
N/A
N/A
sewer and water, and
density: 18
stormwater collection
dwelling
and detention facilities
units /acre
URM -24: with public
Minimum
N/A
N/A
N/A
N/A
sewer and water,
net density:
stormwater collection
10 dwelling
and detention facilities
units /acre
and, to obtain a net
density greater than
Maximum
10 dwelling units per
density: 24
acre, transferable
dwelling
development rights
units /gross
pursuant to the
acre
provisions of
Chapter 20.89 WCC
and subsection (4) of
this section
* For the purpose of administering the lot consolidation provisions of WCC
20.83.070, the conventional minimum lot size shall be 10 acres.
20.22.305 Lot 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 forestry, open space or future development.
(2) Lot clustering is required for residential land divisions except when both public
water and sewer are available.
20.22.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the
following design standards, except that in the Bellingham Urban Growth Area, the
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March 22, 2016
city of Bellingham's design and development standards and guidelines shall be
applied:
(1) 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.
(2) Where public water and sewer are not available, all clustered building lots shall
be grouped together in a single cluster. In all other cases, where practical, the
majority of building sites should be arranged in a concentrated pattern to be
compatible with physical site features, and have no more than two common
encroachments on existing county roads. The arrangement of concentrated building
lots is intended to discourage development forms commonly known as linear,
straight -line or highway strip patterns. (Ord. 2007 -048 § 2 Exh. B, 2007; Ord.
2004 -021 § 1, 2004).
20.22.320 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 forestry, open space
or future development purposes. All reserve tracts 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 it is
included in the overall density calculation of the original parcel of record.
Where public water and sewer are not available, the reserve tract may be
considered a building lot only under one of the following additional conditions:
(a) Residential construction and accessory structures are restricted to a
building envelope that is delineated on the final plat or short plat. The building
envelope shall:
(i) Be contiguous with the outside boundary of the clustered lots; and
(ii) Be entirely located 200 feet or less from the outside boundary of the
clustered lots; and
(iii) Not exceed the maximum lot size for clustered lots in the zone.
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March 22, 2016
(b) Residential construction and accessory structures are restricted to a
building envelope that is delineated on the final plat or short plat. The building
envelope shall:
(i) Be contiguous with an exterior property line of the original parcel of
record; and
(ii) Be entirely located 200 feet or less from an exterior property line of
the original parcel of record; and
(iii) Not exceed the maximum lot size for clustered lots in the zone.
(c) An existing residential use and accessory structures may be located
anywhere on the reserve tract. Clustered lots shall be located adjacent to such
existing residential use, unless the zoning administrator determines that:
(i) Because of physical circumstances applicable to the site, clustering
adjacent to the existing residential use would hinder access to the reserve
tract for future urban development; or
(ii) Protection of environmental features would be negatively impacted; or
(iii) Existing agricultural structures would be negatively impacted.
(3) The reserve tract may be further subdivided only through the long subdivision
process and only under one of the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further
the objectives listed in WCC 20.22.305 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; or
(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
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March 22, 2016
affected or suffer a substantial decrease of property value as a result of
dividing the reserve tract; or
(c) Public water and sewer serve the proposed development on the reserve
tract.
Chapter 20.24
URBAN RESIDENTIAL MIXED (UR -MX) DISTRICT
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 Bellingham Urban Growth Area and
portions of other urban growth areas of the county suitable for mixed use
development. In the Bellingham Urban Growth Area, the city of Bellingham's design
and development standards and guidelines shall apply. 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.
20.24.050 Permitted uses.
.052 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
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March 22, 2016
within the UR -MX zones identified on Map 3 of the Urban Fringe Subarea
Comprehensive Plan.
20.24.252 Density and minimum lot size.
65
Maximum
Minimum
Lot Size
Reserve
Minimum Lot
Minimum
Area
Gross
Size -
Lot Size
Clustered
(Cluster
District
Density
Conventional
- Cluster
Lots
Divisions)
URMX: all densities
Maximum
N/A
4,000 sq.
22,000 sq.
80%
without public sewer
density: 1
and water
dwelling
unit /10 acres
URMX: all densities
Maximum
N/A
4,000 sq.
22,000 sq.
80%
with public sewer or
density: 1
ft.
ft.
water
dwelling
unit /10 acres
URMX: with public
Maximum
4,000 sq. ft.
N/A
N/A
N/A
sewer and water,
gross
and stormwater
density: 10
collection and
dwelling
detention facilities
units /1 acre
Minimum net
density: 6
dwelling
units /1 acre
URMX (6 - 10): with
Maximum
4,000 sq. ft.
N/A
N/A
N/A
public sewer and
gross
water, and
density: 10
stormwater
dwelling
collection and
units /1 acre
detention facilities
Minimum net
density: 6
units /1 acre
URMX (6 - 12): with
Maximum
N/A
N/A
N/A
N/A
public sewer and
gross
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water, and
density: 12
stormwater
dwelling
collection and
units /1 acre
detention facilities
Minimum net
density: 6
units /1 acre
URMX (10 - 24):
Maximum
N/A
N/A
N/A
N/A
with public sewer
gross
and water, and
density: 24
stormwater
dwelling
collection and
units /1 acre
detention facilities
Minimum net
density: 10
units /1 acre
(1) Minimum density shall be calculated as net density, after deducting the areas
restricted from development by critical areas regulations and infrastructure
requirements.
(2) For development with densities over a zone's minimum net density, transferable
development rights (TDRs) from the Lake Whatcom watershed sending area must
be used, pursuant to the provisions of Chapter 20.89 WCC, Density Transfer
Procedure. Each development right transferred from the Lake Whatcom watershed
may be used to develop three dwelling units in the UGA. TDRs must be used to
attain any density greater than the minimum net density of a zone.
20.24.305 Lot 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 forestry, open space or future development.
(2) Lot clustering is required for residential land divisions except whenboth public
water and sewer are available.
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,
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forestry, open space or future development purposes. All reserve tracts 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 it is
included in the overall density calculation of the original parcel of record.
Where public water and sewer are not available, the reserve tract may be
considered a building lot only under one of the following additional conditions:
(a) Residential construction and accessory structures are restricted to a
building envelope that is delineated on the final plat or short plat. The building
envelope shall:
(i) Be contiguous with the outside boundary of the clustered lots; and
(ii) Be entirely located 200 feet or less from the outside boundary of the
clustered lots; and
(iii) Not exceed the maximum lot size for clustered lots in the zone.
(b) Residential construction and accessory structures are restricted to a
building envelope that is delineated on the final plat or short plat. The building
envelope shall:
(i) Be contiguous with an exterior property line of the original parcel of
record; and
(ii) Be entirely located 200 feet or less from an exterior property line of
the original parcel of record; and
(iii) Not exceed the maximum lot size for clustered lots in the zone.
(c) An existing residential use and accessory structures may be located
anywhere on the reserve tract. Clustered lots shall be located adjacent to such
existing residential use, unless the zoning administrator determines that:
(i) Because of physical circumstances applicable to the site, clustering
adjacent to the existing residential use would hinder access to the reserve
tract for future urban development; or
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(ii) Protection of environmental features would be negatively impacted; or
(iii) Existing agricultural structures would be negatively impacted.
(3) The reserve tract may be further subdivided only through the long subdivision
process and only under one of 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 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; or
(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; or
(c) Public water and sewer serve the proposed development on the reserve
tract.
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
20.32.050 Permitted uses.
.052 Reserved.
20.32.150 Conditional uses.
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Items indicated by an " *" are not allowed outside rural communities unless the
applicant can demonstrate that there is a need to locate outside those areas in
order to comply with legal requirements or standards; or that the proposed location
is the most efficient place for the proposed use with respect to providing needed
services to the public.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses,
excluding correction facilities.*
.152 Public schools; and parochial or private schools; provided such schools shall
be approved by the State Superintendent of Public Instruction.*
.154 Retirement and convalescent homes; social and health rehabilitation centers;
day care centers; mini -day care centers and adult care centers not in a family
dwelling; and other health - related services consistent with the purpose of the
district.*
.189 Boarding homes that are larger than other residential structures permitted in
the zoning district.*
.190 Mental health facilities that provide residential treatment and are larger than
other residential structures permitted in the zoning district.*
.191 Substance abuse facilities that provide residential treatment and are larger
than other residential structures permitted in the zoning district.*
20.36.050 Permitted uses.
Chapter 20.36
RURAL (R) DISTRICT
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.092 Within rural communities and urban growth areas only, public schools; and
parochial or private schools; provided such schools shall be approved by the State
Superintendent of Public Instruction.
20.36.150 Conditional uses.
Items indicated by an " *" are not allowed outside rural communities and urban
growth areas unless the applicant can demonstrate that there is a need to locate
outside those areas in order to comply with legal requirements or standards; or
that the proposed location is the most efficient place for the proposed use with
respect to providing needed services to the public.
.151 Public and community facilities including police and fire stations, libraries,
community centers, recreation facilities, and other similar noncommercial uses,
excluding correction facilities.*
.152 Outside rural communities and urban growth areas only, public schools; and
parochial or private schools; provided such schools shall be approved by the State
Superintendent of Public Instruction.*
.154 Retirement and convalescent homes; social and health rehabilitation centers;
day care centers; mini -day care centers; and adult care centers not in a family
dwelling; and other health - related services consistent with the purpose of the
district.*
.159 Surface mining and accessory washing and sorting outside of urban growth
areas; 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 operations
in which case by mutual consent this setback can be zero.
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(4) Reclaimed side slopes shall not be steeper than three feet horizontal to one foot
vertical for unconsolidated materials.
(5) At minimum, the operations shall adhere to the development and performance
standards of WCC 20.73.650 and 20.73.700.
(6) All topsoil remains on site for use in subsequent reclamation.
(7) No soil erosion or sedimentation will occur beyond the exterior property lines of
the site.
(8) No excavation shall occur within the five -year zone of contribution for
designated wellhead protection areas. Excavations may occur within the 10 -year
zone of contribution outside of the five -year zone of contribution if they are not
within 10 vertical feet of the seasonal high water table. Wellhead protection
boundaries may be adjusted in accordance with WCC 20.73.131(2).
(9) A cumulative maximum of three acres may be mined within the outer boundary
of the parcel as it existed at the time of adoption of the amendment codified in this
subsection. The intent of this provision is to prevent multiple conditional use
permits for three -acre surface mines on a single parcel and prevent lots that were
divided from a parent parcel after adoption of the amendment codified in this
subsection from each having a three -acre surface mine.
.189 Boarding homes that are larger than other residential structures permitted in
the zoning district.*
.190 Mental health facilities that provide residential treatment and are larger than
other residential structures permitted in the zoning district.*
.191 Substance abuse facilities that provide residential treatment and are larger
than other residential structures permitted in the zoning district.*
.192 Mental health facilities that provide crisis care.*
.193 Substance abuse facilities that provide crisis care.*
.194 Outpatient mental health facilities.*
.195 Outpatient substance abuse treatment facilities, including opiate substitution
treatment clinics.*
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Chapter 20.62
GENERAL COMMERCIAL (GC) DISTRICT
20.62.200 Prohibited uses.
20.62.251 Large commercial retail.
Retail establishments with a floor area less than 35,000 square feet are allowed in
the General Commercial (GC) Zone. Retail establishments within the General
Commercial Zone are allowed up to 65,000 square feet; provided, that:
(1) The floor area of adjacent stores shall be aggregated in cases where the stores
(a) are engaged in selling of similar or related merchandise and operate under
common ownership or management; (b) share check stands, a warehouse, or a
distribution facility; or (c) otherwise operate as an associated, integrated or
cooperative business enterprise.
(2) Two thousand square feet of interior loft floor area for purposes of storage or
mechanical equipment is exempt from the 65,000 square feet maximum floor area.
(3) Retail establishments with a floor area exceeding 35,000 square feet require
connection to public sanitary sewer and water services at urban levels of service.
Chapter 20.66
LIGHT IMPACT INDUSTRIAL
(LII) DISTRICT
20.66.200 Prohibited uses.
20.66.251 Large commercial retail.
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Retail establishments with a floor area less than 35,000 square feet are allowed in
the Light Impact Industrial (LII) Zone. Retail establishments within the Light Impact
Industrial Zone are allowed up to 65,000 square feet; provided, that:
(1) The floor area of adjacent stores shall be aggregated in cases where the stores
(a) are engaged in selling of similar or related merchandise and operate under
common ownership or management; (b) share check stands, a warehouse, or a
distribution facility; or (c) otherwise operate as an associated, integrated or
cooperative business enterprise.
(2) Two thousand square feet of interior loft floor area for purposes of storage or
mechanical equipment is exempt from the 65,000 square feet maximum floor area.
(3) Retail establishments with a floor area exceeding 35,000 square feet require
connection to public sanitary sewer and water services at urban levels of service.
Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)
20.85.020 Applicability.
This chapter is applicable in any zone district within an urban growth area. The
provisions of this chapter can be used for any residential, commercial and /or
industrial project on property two acres or greater in size; provided, however, that
residential PUDs are not permitted in the Cherry Point Industrial Urban Growth
Area. Transfer of development rights shall be utilized within designated density
transfer receiving areas as shown on the official Whatcom County zoning map to
achieve the allowed maximum density prior to the utilization of the density bonus
provisions of this chapter. A planned unit development may be used on property
less than two acres in size when the zoning administrator finds one or more of the
following conditions exists:
.021 An unusual physical or topographic feature of importance to the area as a
whole exists on the site or in the neighborhood, which can be conserved and still
leave the applicant equivalent use of the land by the use of a planned unit
development.
.022 The property or its neighborhood has a historical character of importance for
the community that will be protected by use of a planned unit development.
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.023 The property is adjacent to or across a street from property which has been
developed or redeveloped under a planned unit development, and a planned unit
development will not detract from the amenities and aesthetic values of the
neighboring planned unit development.
.024 The project will use unique or innovative design concepts which would benefit
the public welfare including design provisions which would be precluded by the
underlying district.
.025 The project would meet an important social need that cannot be realized with
the underlying zone.
.026 The project will promote creativity or affordability in residential, commercial
and industrial development.
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