HomeMy WebLinkAboutord2017-030WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2017 -169
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Gary Davis
511612017
Introduction
1 C-, j� L5 D
SCOTW
Division Head:
Mark Personius
[H
5`2-17
5130/1017
MAY 0 9 2017
WHATCOM COUNTY
COUNCIL
Council- Hearing
Dept. Head:
Sam Rvan
Prosecutor:
Royce Buckingham
1
r r r
-1,Z
Purchasinglil udgel:
Executive:
Jack Louws
r I
LJ,
TITLE OF DOCU -NT.•
Ordinance adopti € various minor amendments to Whatcom County Code Title 20 (Zoning), making corrections,
updates, and clarifications.
ATTACHMENTS:
Staff Report
Draft Ordinance
Findings of the Planning Commission
Planning Commission Minutes
Public Comments
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( x) Yes () NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date
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.)
Ordinance adopting various minor amendments to Whatcom County Code Title 20 Zoning making corrections, updates, and
clarifications relating to: a) correcting a lot consolidation reference; b) updating a reference to International Building Code; c)
reclassifying uses in the Rural Industrial and Manufacturing (RIM) and General Manufacturing (GM) districts; d) clarifying the
definition of park model trailers; e) deleting a reference to Blaine Airport; f) correcting outdated references in surface mining standards;
g) clarifying maximum building size; h) clarifying road frontage requirements; i) clarifying kennel definition; j) adding references to
mobile home park and recreational vehicle park standards; k) clarifying application of use permit criteria; 1) updating notification
requirements for conditional use permit expiration; m) updating requirements for wireless communication facility application; n) adding
a reference to wireless application requirements; o) clarifying setback standards from a road; p) updating reference to development
standards; q) deleting reference to Guide Meridian Improvement Plan; r) clarifying emergency communication facilities and their
maximum heights in public utilities chapter; s) adding definition of animal husbandry; t) clarifying lot width and depth in Agriculture
district; u) clarifying the definition of "structure "; and v) clarifying roof overhang limits.
COMMITTEE ACTION.
COUNCIL ACTION.•
5/30/2017: Not discussed
5/16/2017: Introduced 7 -0
5/30/2017: Corrected version adopted 7 -0, Ord. 2017 -030
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2017 -00017
Ord. 2017 -030
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wauslcouncil.
5 -16 -2017
PROPOSED BY: Planning
INTRODUCTION DATE: 5/16/2017
ORDINANCE NO. 2017 -030
ADOPTING VARIOUS MINOR AMENDMENTS TO WHATCOM COUNTY
CODE TITLE 20 ZONING, MAKING CORRECTIONS, UPDATES, AND
CLARIFICATIONS
WHEREAS, Whatcom County Planning and Development Services has
proposed amendments to Whatcom County Code Title 20 Zoning; and
WHEREAS, The Whatcom County Council reviewed and considered
Planning Commission recommendations, staff recommendations, and public
comments on the proposed amendments; and
WHEREAS, The County Council hereby adopts the following findings of
fact:
FINDINGS OF FACT
1. Whatcom County Planning and Development Services has submitted an
application to make various amendments to Whatcom County Code (WCC)
Title 20 Zoning to make corrections, updates, and clarifications.
2. A determination of non - significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on April 7, 2017.
3. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on March 24, 2017.
4. Notice of the Planning Commission public hearing for the amendments was
published in the Bellingham Herald on March 31, 2017.
5. The Planning Commission held a public hearing on the proposed
amendments on April 13, 2017.
6. Comprehensive Plan Policy Goal 2D is to "refine the regulatory system to
Page 1 of 6
ensure accomplishment of desired land use goals in a fair and equitable
manner."
7. WCC 20.83.072, which provides the formula for the number of lots
permitted by lot consolidation, incorrectly refers to itself rather than the
following subsection, which was intended. The proposed amendment would
correct the reference.
8. The definition of "building" in WCC 20.97.035 refers to the Uniform
Building Code, which has since changed to the International Building Code.
The proposed amendments would correct the reference.
9. Permitted, administrative, and conditional uses listed in the Rural
Industrial and Manufacturing (RIM) and General Manufacturing (GM)
Districts -- WCC Chapters 20.69 and 20.67, respectively, are grouped into
categories that do not correspond with the categories in WCC
20.80.100(1), which sets permitted uses and building sizes in each use
category in each Rural Community (Type I LAMIRD) area. The proposed
amendment would reorganize the lists of uses in categories that are
consistent with 20.80.100(1).
10. The definition of "park model trailer" in WCC 20.97.292 sets a maximum
gross trailer area of 400 square feet, consistent with state law (RCW
46.04.622). Staff has found there is occasionally confusion of the
appropriate permitting of a park model that may be interpreted to be
larger than 400 square feet (if it is interpreted to be a "recreational
vehicle" it can be permitted in different locations). Washington State
Department of Labor and Industries approves trailers including park
models with an insignia. The proposed amendment would add clarity to
the definition by adding another criterion, that the trailer is approved by
the State as a park model trailer.
11. Notification requirements for zoning amendments, WCC 20.90.045,
mention the Blaine Airport, which no longer exists. The proposed
amendment would delete the outdated wording.
12. WCC 20.36.159(8), 20.40.161(6), and WCC 20.73.702(2), pertaining to
surface mining standards contain an incorrect reference to rules related to
wellhead protection boundaries. The propose amendment would correct
the reference.
13. The size standard for buildings within a Rural Business designations (Type
III LAMIRD) in the Rural General Commercial (RGC), Neighborhood
Commercial (NC), Tourist Commercial (TC), and Rural Industrial and
Manufacturing (RIM) districts (WCC Chapters 20.59, 20.60, 20.63, and
20.69, respectively) set a maximum allowable floor area of 7,000 square
feet. Though not specified in code, staff interprets that this standard is for
Page 2 of 6
each building, not for a cumulative total of all buildings. The proposed
amendment would clarify that the maximum allowable floor area is 7,000
per building.
14. The minimum lot width and depth table in the Residential Rural (RR),
Residential Rural- Island (RRI), and Rural (R) districts set the minimum lot
width of 300 feet at the street line. Staff has interpreted this standard to
apply to newly created lots and not existing lots being modified through a
boundary line adjustment process, many of which are smaller, existing
nonconforming lots. The proposed amendment would add a note clarifying
that the width at street line standards do not apply to lots being modified
through boundary line adjustment.
15. The definition of Kennel in WCC 20.97.191 includes housing, grooming,
breeding, boarding, training, or sale of five or more household pets.
Because these activities are listed with an "or ", a facility with any one of
those activities could be considered a kennel under the current definition.
The Merriam - Webster Dictionary defines a kennel as "an establishment for
the breeding or boarding of dogs or cats." The proposed amendment would
clarify the code's definition, limiting the activities to housing, breeding, or
boarding, which is more consistent with the traditional function of kennels.
16. Mobile Home Parks or Recreational Vehicle Parks are listed as conditional
uses in the Urban Residential Mixed (URMX), Tourist Commercial (TC), and
Resort Commercial (RC) districts (WCC Chapters 20.24, 20.63, and 20.64,
respectively). The development standards for Mobile Home Parks and
Recreational Vehicle Parks are located in a different chapter, WCC
20.80.950, and there is currently no indication to the reader that there are
standards, or where they are located. The proposed amendment would
add a reference to the standards in WCC 20.80.950.
17. WCC 20.84.220 sets criteria for approving variances, conditional use
permits, and administrative approval permits. The current wording implies
that the criteria apply only to conditional use permits considered by the
Hearing Examiner, when in fact they also apply to administrative approval
uses, which are considered by the zoning administrator (County staff). The
proposed amendments correct the language to apply the criteria to the
other types of permit approval processes in addition to conditional use
permits.
18. When the wording in WCC 20.84.260 was adopted, it included time limits
for applications submitted prior to the change in code. Those time frames
have now passed and those applications are either completed or expired,
making the time limits unnecessary. The proposed amendment deletes the
outdated deadlines.
19. WCC 20.13.120(8), the application requirements for wireless
Page 3 of 6
communication facilities, requires information on the facilities the applicant
anticipates locating in Whatcom County in the next five years. This
requirement is no longer appropriate due to a change in Federal
Communications Commission regulations. The proposed amendment
removes the unneeded requirement.
20. WCC 20.13.040, which describes permitted wireless communication uses,
requires the uses to comply with federal, state, and local laws and
regulations and the provisions of Chapter 20.13. The chapter contains
requirements for application submittals but there have been questions
about whether those requirements apply. The proposed amendment would
add wording clarifying that a proposed wireless communication use is
subject to the application requirements of WCC 20.13.120.
21. WCC 20.80.230 provides standards for determining setback requirements
for buildings on a lot. The section refers to "roads" throughout, except for
one reference to "streets" in subsection (3), which can cause confusion in
interpretation because WCC lacks a definition for "street." The proposed
amendment replaces "streets" with "roads" in WCC 20.80.230(3).
22. The definition of "road classification" in WCC 20.97.353 refers to a "Right
of Way Reference Document," which does not exist. The proposed
amendment corrects the definition to refer to the Whatcom County
Development Standards.
23. WCC 20.84.100 enables the Hearing Examiner to grant a variance from
the provisions of the zoning code and of WCC Title 22, the Guide Meridian
Improvement Plan. The latter was repealed with the adoption of the 2016
Whatcom County Comprehensive Plan update, Ordinance 2016 -035. The
proposed amendment would delete the outdated reference.
24. Whatcom County has received grant funding to install tsunami warning
sirens on Lummi Island and in the Birch Bay area. WCC 20.82.020 lists
public utility uses that are permitted in all zones, including include
electrical and telephone poles, and electrical power line towers and wires,
but there is no specific provision for poles or towers that would house a
speaker for a tsunami or lahar warning system. In addition, the code is
silent on whether these poles are subject to height requirements in the
zones where they are located. The proposed amendment would add
specific language listing "military and federal, state and local government
communications facilities used for emergency and public safety purposes"
among the permitted public utility uses. Further, it would clarify that the
height of these facilities - along with electrical and telephone poles, and
power line towers and wires - are not subject to building height
requirements, provided the proposed height is shown to be the minimum
necessary.
Page 4 of 6
25. WCC Title 20 Zoning uses the term "animal husbandry" in describing
permitted uses in several residential, rural, and resource zoning districts,
generally in conjunction with agricultural uses (see WCC 20.20.053,
20.32.054, 20.34.052, 20.36.052, 20.40.051, 20.42.052, 20.51.099,
20.20.65.0571 20.71.219). The code lacks a definition of "animal
husbandry," leaving the term open to differing interpretations. The
proposed amendment would add a definition of "animal husbandry" that is
based on standard dictionary definitions and clarifies the term's application
to domestic farm animals that are a component of, or accessory to an
agricultural use.
26. WCC 20.40.252, which sets minimum lot width and depth using a ratio of
1 to 5 currently requires a minimum ratio of 1 unit in "length" to 5 units in
width, which appears to be the reverse of what was intended. The
proposed amendment corrects the ratio requirement and replaces "length"
with "depth" (consistent with the rest of the 20.40.252) to require
standard to require a minimum ratio of 1 units in width to 5 units in depth.
27. The definition of "structure" in WCC 20.97.432 uses the phrase "an edifice
or building of any kind" though, according to dictionary definitions,
"edifice" and "building" are largely synonymous. The proposed amendment
would eliminate the redundant term "edifice."
28. The minimum setback limits in WCC 20.80.210 allow roof overhangs to
extend no further than 18 inches into side or rear yard setbacks, or 6 feet
into front setbacks. Previous versions of the code made it clear this
provision applied to all zoning districts, but a subsequent revision placed
the provision in the notes under the setback tables in subsection (5)(b),
where it is not clear that it applies to all zoning districts. The proposed
amendment would move the roof overhang provisions to a single place in
subsection (5)(a) Setback Requirements of All Districts.
Page 5 of 6
CONCLUSIONS
1. The amendments to the zoning code 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. Amendments to the Whatcom County Code are hereby adopted as
shown on Exhibits A through V.
ADOPTED this
30th day of
WHATCO(+( 00UNTY1f COUNCIL
WHAT, (M TN, '',ASHINGTON
F
ATTE$Tt', AT C dam`. ! �r
Dana BrayuA CouncTI Clerk
•' ", it \��
ti
May , 2017.
Ba $yuchAan, Chairperson
APPROVED as to form: Approved ( ) Denied
Civil Deputy Prosecutor Jack Louw ,Executive
E"
Date:
Page 6 of 6
May 16, 2017
EXHIBIT A
(CORRECTING LOT CONSOLIDATION REFERENCE)
Chapter 20.83
NON - CONFORMING USES AND PARCELS
20.83.070 Lot Consolidation
• .. .
20.83.072
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 20.83.073.
May 16, 2017
EXHIBIT B
(UPDATING REFERENCE TO INTERNATIONAL BUILDING CODE)
Chapter 20.97
DEFINITIONS
20.97.035 Building
"Building" means any structure used or intended for supporting or sheltering any
use or occupancy as defined in the International Building Code. Mobile homes as
defined in this chapter are excluded from this definition.
May 16, 2017
EXHIBIT C
(RECLASSIFYING USES IN RURAL INDUSTRIAL AND MANUFACTURING
(RIM) AND GENERAL MANUFACTURING (GM) DISTRICTS)
Chapter 20.69
RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT
20.69.050 Permitted Uses
The following permitted uses shall be allowed subject to an evaluation by the
zoning administrator pursuant to the provisions of this chapter and Chapter 20.80
WCC. In a rural community designation, nonresidential uses listed below are
permitted if a use of the same type existed in that same rural community
designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation
all uses are permitted.
.051 Manufacturing /fabrication type uses.
(1) Manufacture of miscellaneous textile goods and fabrication of apparel including
clothing, hats, caps, millinery fur products; and miscellaneous fabricated textile
products.
(2) Fabrication of furniture and fixtures including household, office and public
building furniture; and partitions, shelving and lockers.
(3) Fabrication of paper products including paperboard containers, boxes, carryon
boxes and paper containers.
(4) Printing and publishing newspapers, periodicals and books; commercial
printing; book binding; and manufacture of manifold business forms and greeting
cards.
(5) Fabrication of leather products including belting; packing; cut stock and findings
for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal
leather goods and handbags.
(6) Fabrication of glass products including glass products from prepared materials;
stone cutting; and monuments.
(7) Processing and packaging of drug, pharmaceuticals, perfumes, cosmetics,
supplements and remedies, when associated with derivatives from local agriculture
or other local resources.
3
May 16, 2017
(8) Fabrication of electrical equipment including industrial apparatus and household
appliances, radio and television sets; communications equipment; electrical
components and accessories; and electric lighting equipment and lamps.
(9) Fabrication of instruments, photographic goods, optical goods, watches and
clocks, and including engineering, scientific, surgical, medical, dental and
ophthalmic products.
(10) Manufacture and fabrication of jewelry, silverware, plated ware, musical
instruments and parts, toys, sporting and athletic goods; pens, pencils and other
office and artistic supplies; novelties, buttons and notions; and miscellaneous
manufacture.
(11) Manufacture, processing, treatment or fabrication of metal products and
machinery; provided, that smelters and remelting mills, and the manufacturing of
turbines, oil machinery, mining machinery, industrial process ovens, paper, and
textile or rolling mill machinery shall be prohibited.
(12) Fabrication of rubber products from finished rubber only and manufacture of
miscellaneous plastic products from purchased resins only.
(13) Manufacture of glass, glass products, pottery and related products, and cutting
and shaping of stone products.
(14)The processing of agricultural products that originate from the permitted uses
in WCC 20.40.050; provided, that the facility is not a mushroom substrate
production facility and the facility processes at least 50 percent agricultural goods
produced in Whatcom County.
(15) Commercial composting and mulching facilities other than commercial
mushroom substrate production facilities as provided for in Chapter 20.15 WCC.
(16) Fabrication, maintenance, repair, storage, service and accessory sales of
agricultural implements and farm equipment.
(17) Marijuana production facility.
(18) Marijuana processing facility.
(19) Fabrication, maintenance, repair, service and accessory sales of forestry
related items, within the limitations of WCC 20.69.108 and elsewhere as outlined in
this chapter.
(20) Log scaling station.
(21) Manufacturing wood products and containers.
(22) Wood waste recycling.
4
May 16, 2017
(23) Fabrication, maintenance, service, storage, repair and accessory sales of
equipment, vessels, and structures associated with aquatic natural resource
industries, within the limitations of WCC 20.69.108 and elsewhere as outlined in
this chapter.
(24) Confined feeding operations less than 40 acres.
(25) Aquaculture, including but not limited to management and propagation of fish
and wildlife, upland fish farming, seafood and shellfish processing and accessory
on -site sales.
(26) Plant nurseries and greenhouses for storage, propagation and culture of
plants, including sales as an accessory use.
(27) Operation of sawmills, chippers, shake and shingle mills, scaling stations, log
dumps, sorting and storage areas; forest industry equipment maintenance and
storage yards, and forest industry residue dumps and other uses involved in the
harvesting and primary processing of timber; provided:
(a) The intent of processing is initial reduction in bulk and /or to facilitate transport
to secondary processing centers; and
(b) All uses within 1,000 feet of a park, recreation area or zone district other than
Rural, Agriculture or Industrial shall be temporary and of less than 12 months'
duration.
052 Storage /warehouse type uses.
(1) Rail, truck and freight terminals; warehousing and storage; parcel delivery
service; freight forwarding; inspection weighing services; and packaging and
crating.
(2) Wholesale trade or storage of durable and nondurable goods; provided trade,
storage or processing of sulphur shall be prohibited.
(3) Storage and distribution of animal feeds, fertilizers, pesticides and seed.
(4) Forest industry storage and maintenance facility.
5
May 16, 2017
.053Retail /Office /Restaurant /Lodging type uses.
(1) Eating establishments, convenience grocery stores, cafes and gas stations
operating primarily for the convenience of employees, clients and customers of the
district; providing the following criteria are met:
(a) Maximum floor area of building is 3,000 square feet;
(b) No more than two pump islands for each gas station;
(c) Centrally located within the district to primarily serve the industrial uses of this
district and not to primarily serve adjacent nonindustrial uses.
(2) Communications including telephone exchanges, and radio and television
stations. Broadcast towers require a conditional use permit pursuant to WCC
20.82.030(5).
(3) Construction contractors' business offices and storage and equipment yards.
(4) Commercial operations, except for commercial mushroom substrate production
facilities as provided for in Chapter 20.15 WCC, that directly provide agricultural
goods or services to farmers. Examples of agricultural commercial operations
include, but are not limited to: agricultural parts and implement sales, farm
management services, livestock auction facilities, hay sales and storage, sawdust
sales and storage, and farm chemical applicator establishments. These operations
must abide by the limitations of WCC 20.69.108, and otherwise as outlined in this
chapter.
(5) Animal hospital and accessory kennels and stables.
(6) Forestry management services and forest industry support services.
.054 Auto /Equipment Repair type uses.
(1) Reserved
.055 Public /Community type uses.
(1) Secure community transition facilities for sex offenders, when located outside of
the Cherry Point Major Port Industrial Urban Growth Area.
(a) A secure community transition facility shall not be located adjacent to,
immediately across the street or parking lot from, or within the line of sight of
existing risk potential facilities, which are:
(i) Public schools;
5"
May 16, 2017
(ii) Private schools;
(iii) School bus stops;
(iv) Licensed day care;
(v) Licensed preschool facilities;
(vi) Public parks;
(vii) Publicly dedicated trails;
(viii) Sports fields;
(ix) Playgrounds;
(x) Recreational and community centers;
(xi) Churches, synagogues, temples or mosques;
(xii) Public libraries;
(xiii) Public and private youth camps; and
(xiv) Other uses identified by the State Department of Social and Health Services
pursuant to RCW 71.09.020.
"Within the line of sight" shall mean that it is possible to reasonably visually
distinguish and recognize individuals. An unobstructed visual distance of 600 feet
shall be considered to be within the line of sight. Line of sight may be considered to
be less than 600 feet if the applicant can demonstrate that visual barriers exist or
would be created that would visually screen the risk potential facility from the
secure community transition facility.
(b) No more than one secure community transition facility, with a maximum of
three people (other than staff), shall be located within Whatcom County.
(2) Historic sites open to the public, including natural systems education and /or
interpretive areas, and trails, trailheads, restroom facilities and associated parking
areas for no more than 30 vehicles.
(3) Public community facilities.
■ ■ ■ r It
20.69.130 Administrative approval uses.
In a rural community designation, uses listed in this section may be
administratively permitted pursuant to WCC 20.84.235 if a use of the same type
7
May 16, 2017
existed in that same rural community designation on July 1, 1990, per WCC
20.80.100(1). In a rural business designation, all uses listed in this section may be
administratively permitted.
The zoning administrator may administratively permit other uses similar in nature
to the permitted uses listed in WCC 20.69.050 or this section that the zoning
administrator determines to be consistent with the purpose and intent of the
district, have similar effects on surrounding land uses, and can meet the
performance standards for this district.
.131 Manufacturing /Fabrication type uses.
(1)Packinghouses and slaughterhouses, provided the following criteria are met:
(a) Holding pens associated with packinghouses and slaughterhouses shall be
limited to those necessary to accommodate animals intended for processing within
24 hours.
(b) The facility shall comply with the solid waste handling standards as set forth in
Chapter 173 -350 WAC, as administered by the Whatcom County health department
as adopted by reference in Chapter 24.06 WCC.
(c) If required by the Washington State Department of Ecology, the following
permits shall be obtained:
(i) State waste discharge permit (Chapter 173 -216 WAC);
(ii) Industrial stormwater permit - general permit (Chapter 173 -226 WAC);
(iii) An NPDES permit (Chapter 90.48 RCW and Chapter 173 -220 WAC).
.132 Storage /Warehouse type uses.
(1)Temporary storage of moved buildings including manufactured homes, provided
storage is:
(a) Only for periods less than 12 months' duration; and
(b) Limited with no work or maintenance done to the structure while in storage;
and
(c) Limited further with no structure used for any other use than to be temporarily
stored on site.
(2) Storage or salvage of unlicensed /inoperable vehicles if done in compliance with
Chapter 46.80 RCW.
H.
May 16, 2017
20.69.150 Conditional uses.
Unless otherwise provided herein, conditional uses shall be administered pursuant
to the applicable provisions of Chapter 20.84 WCC (Variances, Conditional Uses and
Appeals). In a rural community designation, uses listed below may be conditionally
permitted if a use of the same type existed in that same rural community
designation on July 1, 1990, per WCC 20.80.100(1). In a rural business
designation, all uses may be conditionally permitted.
151 Manufacturing /fabrication type uses.
(1) Manufacture, batching and recycling of hydraulic cement, concrete gypsum and
plaster products, abrasive asbestos, sand, and miscellaneous nonmetallic mineral
products.
(2) Petroleum products and gas storage - bulk.
(3) Confined feeding operations greater than 40 acres.
.152 Auto /Equipment Repair type uses.
(1) Repair, service and accessory sales for motor vehicles provided the use or uses
are not expected to generate significantly more traffic than that which would
ordinarily be expected by an industrial use of comparable intensity.
.153 Public /Community type uses.
(1) Public and private parks facilities not included in an adopted city or county
Comprehensive Plan or Park Plan.
(2) Trailheads with parking areas for more than 30 vehicles.
(3) Athletic fields.
(4) Intermediate passenger intermodal terminals.
(5) State education facilities.
(6) Type I solid waste handling facilities.
(7) Type II solid waste handling facilities.
(8) Type III solid waste handling facilities; provided, that:
(a) The facility or site will not be located within the 100 -year floodplain or the Lake
Whatcom watershed. The facility or site will not be located within any area
identified in an adopted critical areas ordinance unless outside of the floodplain and
at least three feet in elevation higher than the floodway elevation;
�i
May 16, 2017
(b) Solid waste handling facilities shall be located at least 1,500 feet from the
following:
(i) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
(ii) Public parks, public recreation areas, or publicly owned wildlife areas;
(iii) Archaeological and historical sites that are registered with the State Office of
Archaeology and Historic Preservation;
(iv) Shorelines that are within the jurisdiction of the Shoreline Management
Program;
(v) Rivers, streams or creeks that contain documented threatened or endangered
fish species;
(vi) This 1,500 -foot buffer does not apply to:
(A) Structures used for offices, storage areas for equipment, and weigh scales.
These facilities shall be set back from the property line 100 feet or the standard
zoning district setback, whichever is greater;
(B) Inert landfills;
(c) Inert landfills shall be located at least 500 feet from the following:
(i) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
(ii) Public parks, public recreation areas, or publicly owned wildlife areas;
(iii) Archaeological and historical sites that are registered with the State Office of
Archaeology and Historic Preservation;
(iv) Shorelines that are within the jurisdiction of the Shoreline Management
Program;
(v) Rivers, streams or creeks that contain documented threatened or endangered
fish species;
(vi) This 500 -foot buffer does not apply to:
(A) Structures used for offices, storage areas for equipment, and weigh scales.
These facilities shall be set back from the property line 100 feet or the standard
zoning district setback, whichever is greater;
(d) The facility or site will not result in filling or excavation, location of structures or
buildings, driveways or machinery use except for vegetation maintenance within
10
May 16, 2017
100 feet of any property line and except for driveways within 150 feet of any
county or state road right -of -way;
(e) The facility or site will have vehicular approaches designed to minimize conflict
between automobile and truck traffic, will maintain the carrying capacity of county
roads, and will be located on a road classified as all weather, except where use is
shown to be intermittent and easily delayed until emergency conditions have
passed;
(f) The facility or site has complied with the provisions of WCC 20.84.200 and all
other ordinances and laws regulating solid waste facilities and sites, such as but not
limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and
federal regulations concerning solid waste facilities and sites; and
(g) All landfills have a final closure plan meeting the requirements of WCC Title 24
and of Chapter 173 -350 WAC, and the closure plan includes:
(i) Reclamation in two- to 10 -acre increments, as appropriately responsive to the
size and intensity of the particular activity, with seeding to be accomplished
annually but no later than September 30th; and
(ii) Permanent vegetative cover that will maintain in healthy growing condition with
the level of maintenance that is covered through the financial assurance for post -
closure activities;
(h) The buffer areas and visual screening shall include a minimum of 50 feet wide
of landscaping meeting the requirements of WCC 20.80.300 (Landscaping);
(i) Solid waste facilities or sites shall be located outside the 10 -year time of travel
boundary of a public water system's delineated wellhead protection area;
(j) Solid waste facilities or sites that handle putrescible waste will be located at
least 10,000 feet from airports serving turbine - powered aircraft and at least 5,000
feet from airports serving piston - powered aircraft. These buffers shall be measured
from the boundary of the Airport Operations Zone or, if the airport is not within an
Airport Operations Zone, from the boundary of the airport property;
(k) In addition, the Whatcom County hearing examiner may impose conditions of
approval which may be necessary to protect the value and enjoyment of existing
adjacent uses.
(9) Mitigation banks as a form of compensatory mitigation for wetland and habitat
conservation area impacts when permitted in accordance with the provisions of
Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed
as a major development project pursuant to Chapter 20.88 WCC.
11
May 16, 2017
Chapter 20.67
GENERAL MANUFACTURING (GM) DISTRICT
20.67.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall
be administered pursuant to the applicable provisions of Chapter 20.80 WCC
(Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional
Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program.
In a rural community designation, nonresidential uses listed below are permitted if
a use of the same type existed in that same rural community designation on July 1,
1990, per WCC 20.80.100(1). In a rural business designation all uses are
permitted.
.051 Manufacturing /fabrication type uses.
(1) The manufacture and processing of food including meat, dairy, fruit, vegetable,
seafood, bakery and beverage products.
(2) Fabrication of apparel including clothing, hats, caps, millinery, fur products; and
miscellaneous fabricated textile products.
(3) Fabrication of furniture and fixtures including household, office and public
building furniture; and partitions, shelving and lockers.
(4) Fabrication of paper products including paperboard containers, boxes, carryon
boxes and paper containers.
(5) Printing and publishing newspapers, periodicals and books; commercial
printing; book binding; and manufacture of manifold business forms and greeting
cards.
(6) Fabrication of leather products including belting; packing; cut stock and findings
for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal
leather goods and handbags.
(7) Fabrication of stone, clay and glass products including glassware; glass
products from prepared materials; pottery and related products; stone cutting;
monuments; and manufacture of fiberglass products.
(8) The manufacture of transportation equipment including boat building; and
bicycle and motorcycles, and related parts.
(9) Processing and packaging of drugs, pharmaceuticals, perfumes, cosmetics,
supplements, remedies, or similar types of products.
12
May 16, 2017
(10) Fabrication of electrical equipment including radio and television sets;
communications equipment; electronic components and accessories; and electric
lighting equipment and lamps.
(11) Fabrication of instruments, photographic goods, optical goods, watches and
clocks, and including engineering, scientific, surgical, medical, dental and
ophthalmic products.
(12) Manufacture and fabrication of jewelry, silverware, plated ware, musical
instruments and parts, toys, sporting and athletic goods; pens, pencils and other
office and artistic supplies; novelties, buttons and notions; and miscellaneous
manufacture.
(13) Manufacture of office, computing and accounting machines.
(14) Retail automobile wrecking yards where determined by the zoning
administrator to be adequately screened from adjacent properties and streets.
(15) The fabrication of metal products including metal cans, hardware, hand tools,
cutlery, heating apparatus, plumbing fixtures, structural metals, screws and bolts,
and stamping.
(16) The manufacture of machinery including engines; turbines, farm machinery
and equipment; construction, mining and materials handling equipment; machine
tools and dies; and special and general industrial equipment.
(17) The manufacture of electrical machinery including transmission and
distribution equipment, and industrial apparatus.
(18) Manufacture of millwork and structural wood members; wood containers;
wood buildings and mobile homes; resawed cants and lumbers; dressed ceiling
lumber; lath; snow fence lath; cut stock; dressed lumber flooring and dressed
lumber siding; and sawmill activities including sawmills; and independent planing
mills.
(19) Construction contractors including general building, heavy construction and
special trade.
(20) Rail, truck and freight terminals, warehousing and storage; parcel delivery
service, freight forwarding; inspection and weighing service; and packing and
crating.
(21) Wholesale trade of durable and nondurable goods including automotive parts
and supplies; tires and tubes; furniture and home furnishings; lumber and other
13
May 16, 2017
construction materials; sporting goods, toys and hobby goods; metal service
centers and offices; electrical goods; hardware, plumbing and heating equipment;
machinery, equipment and supplies; jewelry, watches and precious stones; other
durable goods; paper and paper products; drugs, proprietaries and sundries;
apparel, piece goods and notions; groceries and related products; beer, wine and
distilled beverages; and miscellaneous nondurable goods; automotive wrecking
scraps; bag reclaiming; waste bottles; waste boxes; fur cuttings and scraps; iron
and steel scrap; general line of junk scrap; nonferrous metals scrap; rags; and
waste paper.
.052 Public /Community type uses.
(1) Public uses and community facilities including police and fire stations, libraries,
activity centers, community centers, park and recreation facilities identified in an
adopted city or county Comprehensive Plan or Park Plan, and other similar
noncommercial uses, excluding state education facilities and correction facilities.
(2) Other uses similar in nature to the uses listed above which are consistent with
the purpose and the intent of the district, have similar effects on surrounding land
uses, and can meet the performance standards for this district.
(3) Trails, trailheads, restroom facilities and associated parking areas for no more
than 30 vehicles.
.053 Retail /Office /Restaurant /Lodging type uses.
(1) Eating establishments, convenience grocery stores, vehicle washes and
facilities, and gas stations operating primarily for the convenience of employees,
clients and customers of the district; providing the following criteria are met:
(a) Maximum floor area is 2,500 square feet per use;
(b) No more than two pump islands for each gas station;
(c) Centrally located within the district to primarily serve the uses of this district
and not to primarily serve the uses in adjacent Residential, Rural, or Commercial
Zone Districts.
20.67.100 Accessory uses.
.101 Employee recreation facilities and play areas.
102 Deleted by Ord. 95 -009.
.103 Temporary buildings for construction purposes for a period not to exceed the
duration of such construction.
.104 Testing and experimentation in connection with a principally permitted use.
14
May 16, 2017
.105 Other accessory uses and buildings, including security services, customarily
appurtenant to a principally permitted use.
.106 On -site treatment and storage facilities for hazardous wastes associated with
outright permitted uses or approved conditional uses subject to the most current
siting criteria under Chapter 173 -303 WAC.
.107 Mini -day care centers and day care centers operated by, maintained by or
funded by business in the district for the purpose of serving the child care needs of
employees whose place of employment lies within this zone district.
.108 Retail trade of merchandise manufactured, assembled or stored on site within
the definition of accessory uses as defined in Chapter 20.97 WCC; provided retail
facilities do not exceed 15 percent of the total floor area of all buildings located on
site.
.109 Electric vehicle rapid charging stations and battery exchange facilities,
accessory to gas stations.
.110 One storage building per lot; provided, that the storage building shall not
exceed the exempt criteria stated in the current code as adopted and amended per
WCC Title 15, Buildings and Construction, and shall only be used for personal
storage and not for habitation or business; and provided further, that the storage
building shall contain no indoor plumbing but may be served with electrical power
for lighting.
20.67.130 Administrative approval uses.
.131 The zoning administrator may administratively permit pursuant to WCC
20.84.235 other uses similar in nature to the permitted uses listed in WCC
20.67.050 that the zoning administrator determines to be consistent with the
purpose and intent of the district, have similar effects on surrounding land uses,
and can meet the performance standards for this district.
20.67.150 Conditional uses.
In a rural community designation, uses listed below may be conditionally permitted
if a use of the same type existed in that same rural community designation on July
1, 1990, per WCC 20.80.100(1). In a rural business designation all uses listed
below may be conditionally permitted.
.151 Public /Community type uses.
(1) Public and private parks facilities not included in an adopted city or county
Comprehensive Plan or Park Plan.
(2) Trailheads with parking areas for more than 30 vehicles.
(3) Athletic fields.
15
May 16, 2017
(4) State education facilities.
(5) Type I solid waste handling facilities.
(6) Type II solid waste handling facilities.
(7) Type III solid waste handling facilities; provided, that:
(a) The facility or site will not be located within the 100 -year floodplain or the Lake
Whatcom watershed. The facility or site will not be located within any area
identified in an adopted critical areas ordinance unless outside of the floodplain and
at least three feet in elevation higher than the floodway elevation;
(b) Solid waste handling facilities shall be located at least 1,500 feet from the
following:
(i) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
(ii) Public parks, public recreation areas, or publicly owned wildlife areas;
(iii) Archaeological and historical sites that are registered with the State Office of
Archaeology and Historic Preservation;
(iv) Shorelines that are within the jurisdiction of the Shoreline Management
Program;
(v) Rivers, streams or creeks that contain documented threatened or endangered
fish species;
(vi) This 1,500 -foot buffer does not apply to:
(A) Structures used for offices, storage areas for equipment, and weigh scales.
These facilities shall be set back from the property line 100 feet or the standard
zoning district setback, whichever is greater;
(B) Inert landfills;
(c) Inert landfills shall be located at least 500 feet from the following:
(i) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
(ii) Public parks, public recreation areas, or publicly owned wildlife areas;
(iii) Archaeological and historical sites that are registered with the State Office of
Archaeology and Historic Preservation;
(iv) Shorelines that are within the jurisdiction of the Shoreline Management
Program;
16
May 16, 2017
(v) Rivers, streams or creeks that contain documented threatened or endangered
fish species;
(vi) This 500 -foot buffer does not apply to:
(A) Structures used for offices, storage areas for equipment, and weigh scales.
These facilities shall be set back from the property line 100 feet or the standard
zoning district setback, whichever is greater;
(d) The facility or site will not result in filling or excavation, location of structures or
buildings, driveways or machinery use except for vegetation maintenance within
100 feet of any property line and except for driveways within 150 feet of any
county or state road right -of -way;
(e) The facility or site will have vehicular approaches designed to minimize conflict
between automobile and truck traffic, will maintain the carrying capacity of county
roads, and will be located on a road classified as all weather, except where use is
shown to be intermittent and easily delayed until emergency conditions have
passed;
(f) The facility or site has complied with the provisions of WCC 20.84.200 and all
other ordinances and laws regulating solid waste facilities and sites, such as but not
limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and
federal regulations concerning solid waste facilities and sites;
(g) All landfills have a final closure plan meeting the requirements of WCC Title 24
and of Chapter 173 -350 WAC, and the closure plan includes:
(i) Reclamation in two- to 10 -acre increments, as appropriately responsive to the
size and intensity of the particular activity, with seeding to be accomplished
annually but no later than September 30th; and
(ii) Permanent vegetative cover that will maintain in healthy growing condition with
the level of maintenance that is covered through the financial assurance for post -
closure activities;
(h) The buffer areas and visual screening shall include a minimum of 50 feet wide
of landscaping meeting the requirements of WCC 20.80.300 (Landscaping);
(i) Solid waste facilities or sites shall be located outside the 10 -year time of travel
boundary of a public water system's delineated wellhead protection area;
(j) Solid waste facilities or sites that handle putrescible waste will be located at
least 10,000 feet from airports serving turbine - powered aircraft and at least 5,000
feet from airports serving piston - powered aircraft. These buffers shall be measured
from the boundary of the Airport Operations Zone or, if the airport is not within an
Airport Operations Zone, from the boundary of the airport property; and
17
May 16, 2017
(k) In addition, the Whatcom County hearing examiner may impose conditions of
approval which may be necessary to protect the value and enjoyment of existing
adjacent uses.
(8) Mitigation banks as a form of compensatory mitigation for wetland and habitat
conservation area impacts when permitted in accordance with the provisions of
Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed
as a major development project pursuant to Chapter 20.88 WCC.
18
May 16, 2017
EXHIBIT D
(CLARIFYING DEFINITION OF PARK MODELS)
Chapter 20.97
DEFINITIONS
20.97.292 Park model trailer.
"Park model trailer" means a trailer designed to provide seasonal or temporary
living quarters which may be used with temporary connections to utilities necessary
for operation of installed fixtures and appliances. It has a gross trailer area not
exceeding 400 square feet or is approved by the State as a park model trailer.
20.97.335 Recreational vehicle.
"Recreational vehicle" means a motor vehicle, or portable structure capable of being
transported on the highways by a motor vehicle, that is designed and intended for
casual or short -term human occupancy for travel, recreational and vacation uses
without a permanent foundation; identified by a model number (RV), serial number
and vehicle registration number; equipped with limited water storage and other
self- contained living facilities. For the purposes of these regulations, the term
"recreational vehicle" shall include self- contained campers, motor homes and travel
trailers and shall not include park model trailers, as they are not self- contained
units.
19
May 16, 2017
EXHIBIT E
(DELETING REFERENCE TO BLAINE AIRPORT)
Chapter 20.90
AMENDMENTS
20.90.045 Notice for Quasi - Judicial Rezones
Notice of quasi - judicial hearings conducted by the planning commission for
zoning map amendments shall be issued in accordance with all of the
following provisions:
(1) Notice shall be published once in the official county newspaper at least 10 days
prior to the hearing. The county shall prepare the notice and the applicant shall pay
for the notice.
(2) Notice shall be mailed to property owners as follows:
(a) For zoning map amendments within existing urban growth areas: At least 10
days prior to the scheduled hearing date, hearing notice shall be mailed to all
property owners within 300 feet of the external boundaries of the subject property
as shown by the records of the county assessor. The applicant shall submit a
stamped envelope with a typed address for each of the above - referenced property
owners.
(b) For zoning map amendments outside existing urban growth areas: At least 10
days prior to the scheduled hearing date, hearing notice shall be mailed to all
property owners within 1,000 feet of the external boundaries of the subject
property as shown by the records of the county assessor. The applicant shall submit
a stamped envelope with a typed address for each of the above - referenced
property owners.
(c) For zoning map amendments that involve rezoning property to an Airport
Operations District: At least 10 days prior to the scheduled hearing date, hearing
notice shall be mailed to all property owners within 1,500 feet of the external
boundaries of the subject property as shown by the records of the county assessor.
The applicant shall submit a stamped envelope with a typed address for each of the
above - referenced property owners.
(d) For zoning map amendments that involve rezoning property to a Mineral
Resource Land designation: At least 10 days prior to the scheduled hearing date,
hearing notice shall be mailed to all property owners within 2,000 feet of the
external boundaries of the subject property as shown by the records of the county
assessor. The applicant shall submit a stamped envelope with a typed address for
each of the above referenced property owners.
20
May 16, 2017
(3) The county shall prepare and the applicant shall post signs giving notice of the
hearing in conspicuous locations on the property at least 10 days prior to the
hearing.
(4) The county shall send notice to the appropriate city, when the proposed rezone
is within or would expand the urban growth area, and to agencies, school districts,
and tribes that will potentially be affected by the proposed rezone at least 10 days
prior to the hearing.
(5) For sites within 4,500 feet of the runway of Lynden Airport or Floathaven Sea
Plane Base: At least 10 days prior to the scheduled hearing date, application notice
shall be sent to the city manager (if applicable), airport board or commission (if
applicable), and an official representative of the airport.
(6) For sites within 10,000 feet of the runway of Bellingham International Airport:
At least 10 days prior to the scheduled hearing date, application notice shall be sent
to the Port of Bellingham.
(7) All notices shall specify the date, time, location, and purpose of the hearing and
provide a description and the location of the proposed rezone. The public shall be
invited to submit written comments and attend the hearing to provide oral
comments.
21
May 16, 2017
EXHIBIT F
(CORRECTING OUTDATED REFERENCES IN SURFACE MINING STANDARDS)
Chapter 20.36
RURAL (R) DISTRICT
20.36.150 Conditional Uses
20.36.159 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.
(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 20.73.153(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
22
May 16, 2017
divided from a parent parcel after adoption of the amendment codified in this
subsection from each having a three -acre surface mine.
(10) Owners and /or operators shall submit a reclamation plan that is consistent
with the requirements of RCW 78.44.141.
(11) Performance bonds or other monetary security as approved by the prosecuting
attorney equal to the costs of completing the proposed reclamation plan, subsection
(10) of this section, are submitted to the county, which shall be released within two
years after completion of surface mining; provided, that reclamation has been
completed according to the reclamation plan.
Chapter 20.40
AGRICULTURAL (AG) DISTRICT
■ 0 0 ■ 0 ■
20.40.150 Conditional Uses
1 0 0 0 ■
20.40.161 Surface mining for farm enhancement purposes and accessory
sorting; provided, that:
(1) The activity is not subject to Washington State's Surface Mining Act (Chapter
78.44 RCW)and conforms to the following criteria and those of WCC 20.84.220.
(2) The activity will not result in excavation or equipment within 50 feet of county
road rights -of -way.
(3) The activity will not result in excavation or equipment within 50 feet of the
exterior property lines of the site, except in the case of two contiguous surface
mining operations in which case by mutual consent this setback can be zero.
(4) The activity will only remove sand or gravel knolls or ridges and will not
excavate below the minimum land elevation of the knoll or ridge being removed. In
addition, a cumulative maximum of 15 percent of the parcel area, not to exceed six
acres in total, may be mined.
(5) No reclaimed side slopes are steeper than eight percent. An exception to this
requirement may be approved under the following circumstances:
(a) The knoll or ridge to be removed extends onto an adjacent parcel; and
23
May 16, 2017
(b) The neighboring property owner is not removing their portion of the knoll or
ridge; and
(c) A steeper side slope is necessary to enhance farm use adjacent to the slope;
and
(d) Reclaimed side slopes shall not exceed 33 percent.
(6) 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 20.73.153(2).
(7) Excavations will not occur within five feet of the seasonal high water table level.
(8) At minimum, the operations shall adhere to the development and performance
standards of WCC 20.73.650 and 20.73.700.
(9) No soil erosion or sedimentation will occur beyond the exterior property lines of
the site.
(10) Excavation activity will commence and conclude within four years.
(11) The conditional use permit application includes proposed days -of- the -week
operation and hours -of- the -day operations. The hearing examiner may limit any
operation as to days and hours of operation.
(12) Owners shall submit a reclamation plan with their application to the county
providing for:
(a) Stockpiling all topsoil for subsequent use during reclamation.
(b) Topsoil protection by seeding with a cover -crop immediately after it is
stockpiled.
(c) Time limits on topsoil storage not to exceed four years.
(d) Limitations on handling topsoil in wet conditions.
(e) Sequential reclamation in less than three -acre increments per parcel.
(f) Measures for restoring soil texture, structure, and organic matter by sub - soiling,
fertilization, crop scheduling, and weed control.
(g) Review and approval by the Whatcom County Conservation District.
(h) Protection of ground water during preparation of the soils for post - agricultural
use.
24
May 16, 2017
(i) Pertinent use of best management practices or guidelines. As a minimum, this
should include "Agriculture and the Aggregate Industry," by Mackintosh, E.E. and
E.J. Mozuraitus, from the Ontario Ministry of Natural Resources, 1982.
(13) Performance bonds or other monetary security as approved by the prosecuting
attorney equal to the costs of completing the proposed reclamation plan, subsection
(12) of this section, are submitted to the county, which shall be released within two
years after completion of surface mining; provided, that reclamation has been
completed according to the reclamation plan.
(14) When mining operations are proposed within or adjacent to the 100 -year
floodplain, the applicant must also obtain a flood permit from the county.
Chapter 20.73
MINERAL RESOURCE LANDS SPECIAL DISTRICT (MRL)
■9aaa
20.73.702 Surface mining operations within critical aquifer recharge areas.
The purpose of this section is to protect critical aquifer recharge areas as required
by RCW 36.70A.060(2). Any surface mining operation within a critical aquifer
recharge area (as defined in the Critical Areas Ordinance and to include any
designated well head protection area) shall meet the following requirements:
(1) Surface mining operations may not excavate within 300 horizontal feet from
any pre- existing well used as a potable water supply.
(2) No new mineral processing or mining support activities or facilities to include
parking, storage, maintenance, fueling and washing of mobile equipment, fuel
storage, and no newly situated stationary and semimobile equipment shall locate or
occur within the five -year zone of contribution for designated well head protection
areas. Well head protection boundaries may be adjusted in accordance with WCC
20.73.153(2).
(3) Fencing, or some comparable deterrent, shall be installed to prevent
unauthorized dumping of any materials within surface mining operations.
(4) Surface mines shall not use any off -site materials for backfill or reclamation
without first acquiring either a grade and fill permit or a landfill permit from the
county as deemed appropriate by the administrator. Any fill material must be
nonnoxious, nontoxic, nonflammable, and noncombustible.
25
May 16, 2017
(5) Parking, storage, maintenance, fueling, and washing of mobile equipment, fuel
storage and all newly situated stationary and semimobile equipment shall be
located at least 100 feet away from any exposed water table, and
(a) At least 20 feet above the seasonal high ground water level, or
(b) Located upon unexcavated land, or
(c) Located within lines and bermed areas with adequate capacity to accommodate,
contain, and allow the removal of chemical spills; provided, that these provisions
shall not apply to dredging equipment.
(6) Fuel tanks and oil drums shall be double containment construction or protected
by bermed areas having adequate capacity to accommodate, contain, and allow the
removal of chemical spills. Fuel nozzles shall not contain locking open devices. Fuel
storage shall be above ground.
(7) All operations shall maintain a fuels /hazardous waste management plan
maintained by the operator and available on the site at all times.
(8) On -site truck and equipment wash runoff shall be routed to retention facilities
equipped with an oil -water separator or equivalent prior to its release to settling
ponds.
Noncontaminated process water used for gravel washing shall be routed to settling
ponds to minimize off -site discharges.
(9) An approved general permit from the Department of Ecology for process and
stormwater discharge may substitute for requirements (5) through (8) above,
unless it is determined based on site specific review that the provisions of (5)
through (8) are necessary to meet the intent of this section.
"W
May 16, 2017
EXHIBIT G
(CLARIFYING MAXIMUM BUILDING SIZE)
Chapter 20.59
RURAL GENERAL COMMERCIAL (RGC) DISTRICT
20.59.320 Maximum building size.
.321 In a rural community designation, maximum allowable floor area for a
building shall not exceed the floor area of the largest building of a use of the same
type that existed in that same rural community designation on July 1, 1990, per
WCC 20.80.100(1) except as provided in WCC 20.$0.100(2).
.322 In a rural business designation, the maximum allowable floor area for a new
use is 7,000 square feet per building except as provided in WCC 20.80.100(3) and
(4).
Chapter 20.60
NEIGHBORHOOD COMMERCIAL (NC) DISTRICT
20.60.300 Maximum building size.
.301 In a rural community designation, maximum allowable floor area for a
building shall not exceed the floor area 'of the largest building of a use of the same
type that existed in that same rural community designation on July 1, 1990, per
WCC 20.80.100(1) except as provided in WCC 20.80.100(2).
.302 In a rural business designation, the maximum allowable floor area is 7,000
square feet per building except as provided in WCC 20.80.100(3) and (4).
Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT
20.63.700 Performance standards.
The following provisions shall apply to all uses within this district:
27
May 16, 2017
.701 There shall be no storage or handling of hazardous, explosive, highly
flammable materials which would cause fire, explosion or safety hazards, except
the storage and dispensing of gasoline in service stations.
.702 There shall be no production of noise at any property line of any use in this
district in excess of the average intensity of street and traffic noise found in the
district.
.703 There shall be no emission of dust, dirt, odors, smoke, or toxic gases and
fumes.
.704 There shall be no production of heat, glare or vibration perceptible from any
property line of the premises upon which such heat, glare or vibration is being
generated.
.705 Proposed development or redevelopment in Tourist Commercial Zone Districts
located within a rural community designation will be consistent with the character
of the area on July 1, 1990, in terms of building size, scale, use, or intensity, per
WCC 20.80.100(1), except as provided in WCC 20.80.100(2). In a rural tourist
designation, development or redevelopment shall be consistent with the
Comprehensive Plan policies for that designation. In a rural business designation,
the maximum allowable floor area is 7,000 square feet per building except as
provided in WCC 20.80.100(3) and (4).
Chapter 20.69
RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT
20.69.300 Maximum Building Size.
.301 In a rural community designation, maximum allowable floor area of a building
shall not exceed the floor area of the largest building of a use of the same type that
existed in that same rural community designation on July 1, 1990, per WCC
20.80.100(1) except as provided in WCC 20.80.100(2).
.302 In a rural business designation, the maximum allowable floor area per building
is 7,000 square feet except as provided in WCC 20.80.100(3) and (4).
0-1.9
May 16, 2017
EXHIBIT H
(CLARIFYING ROAD FRONTAGE REQUIREMENTS)
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
2n- 32.254 Minimum Lnt Width and Dent'h
District
Width at Street Line
Width at Bldg.
Line
Minimum
Mean
Depth
Conventional
Cluster
RR: without public water
300'
N/A
80'
100'
RR: with public water and stormwater collection
and detention facilities
30'
30'
70'
80'
The Width at Street Line' standards do not apply to lots being modified through
boundary line adjustment (BLA) subject to WCC 21.03.060(2)(f).
Chapter 20.34
RESIDENTIAL RURAL (RR -I) DISTRICT
20.34.253 Minimum Lot Width and Depth
The 'Width at Street Line' standards do not apply to lots being modified through
boundary line adjustment (BLA) subject to WCC 21.03.060(2)(f).
Width at Street Line
Width at
Minimum
Conventional
Bldg.
Mean
District
Cluster
Line
Depth
RR -1
300'
70'
80'
100'
The 'Width at Street Line' standards do not apply to lots being modified through
boundary line adjustment (BLA) subject to WCC 21.03.060(2)(f).
May 16, 2017
Chapter 20.36
RURAL (R) DISTRICT
20.36.254 Minimum Lot Width and Deoth
District
Width at Street Line
Width at Bldg.
Line
Minimum
Mean Depth
Conventional
Cluster
R -2
200'
70'*
80'
100'
R -5A
300'
70'*
80'
100'
R-1 OA
300'
70'*
80'
100'
*30' on a cul -de -sac only
The `Width at Street Line' standards do not apply to lots being modified through
boundary line adjustment (BLA) subject to WCC 21.03.060(2)(f).
30
EXHIBIT I
(CLARIFYING KENNEL DEFINITION)
Chapter 20.97
DEFINITIONS
20.97.191 Kennel.
May 16, 2017
"Kennel" means a commercial establishment in which five or more dogs, cats, or
other household pets are housed, bred, or boarded for a fee or compensation. A
kennel may include grooming and /or training as accessory uses.
31
May 16, 2017
EXHIBIT 3
(ADDING REFERENCES TO MOBILE HOME PARK AND RECREATIONAL
VEHICLE PARK STANDARDS)
Chapter 20.24
URBAN RESIDENTIAL MIXED (UR -MX)
20.24.150 Conditional Uses
20.24.155 Mobile Home Parks. See 20.80.950 for Mobile Home and Recreational
Vehicle Park Standards.
Chapter 20.63
TOURIST COMMERCIAL (TC)
20.63.150 Conditional Uses
.153 Restaurant /lodging type uses.
(1) Campgrounds and recreational vehicle parks. See 20.80.950 for Mobile Home
and Recreational Vehicle Park Standards.
Chapter 20.64
RESORT COMMERCIAL (RC)
20.64.150 Conditional Uses
32
May 16, 2017
.152 Restaurant /lodging type uses.
(1) Hotels and motels totalling more than 16 sleeping units.
(2) Time share condominiums totalling more than 16 sleeping units.
(3) Campgrounds and recreational vehicle parks. See 20.80.950 for Mobile Home
and Recreational Vehicle Park Standards.
.153 Residential type uses.
(1) Multifamily dwellings including residential condominiums totalling more than
eight sleeping units.
(2) Mobile home parks. See 20.80.950 for Mobile Home and Recreational Vehicle
Park Standards.
(3) Rooming and boarding houses totalling more than eight sleeping units.
33
May 16, 2017
EXHIBIT K
(CLARIFYING APPLICATION OF USE CRITERIA)
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.220 Criteria.
Before approving an application , the hearing examiner or zoning administrator
shall ensure that any specific standards of the use district defining the use are
fulfilled, and shall find adequate evidence showing that the proposed use at the
proposed location:
(1) Will be harmonious and in accordance with the general and specific objectives of
Whatcom County's Comprehensive Plan and zoning regulations.
(2) Will be designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity, and that such use will not change the essential character of the
same area.
(3) If located in a rural area (as designated in the Comprehensive Plan), will be
consistent with rural land use policies as designated in the rural lands element of
the Comprehensive Plan.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be serviced adequately by necessary public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and
sewers, and schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such
services.
(6) Will not create excessive additional requirements at public cost for public
facilities and services, and will not be detrimental to the economic welfare of the
community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property, or the general
welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or
odors.
(8) Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets.
34
May 16, 2017
(9) Will not result in the destruction, loss or damage of any natural, scenic or
historic feature of major importance.
35
May 16, 2017
EXHIBIT L
(UPDATING NOTIFICATION REQUIREMENTS FOR CONDITIONAL USE
PERMIT EXPIRATION)
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.260 Date of Expiration.
Applications for conditional use permits, variances, expansions of nonconforming
uses, administrative approvals, and any other permits provided for in this chapter
shall expire one year after filing of the application if the applicant does not pursue
completion of the appropriate process within that time by failing to take any action
on the application.
The hearing examiner shall have the authority to fix a date of expiration of any or
all approval, or conditions attached thereto, of conditional use permits, variances or
expansions of nonconforming uses.
3:
May 16, 2017
EXHIBIT M
(UPDATING REQUIREMENT FOR WIRELESS COMMUNICATION FACILITY
APPLICATION)
Chapter 20.13
WIRELESS COMMUNICATION FACILITIES
20.13.120 Application Requirements and Conditions of Issuance.
Applicants shall submit the following information in addition to standard application
materials:
(1) A scaled site plan clearly indicating the location of the proposed facility, all other
structures and uses on the site, adjacent roadways, proposed means of access,
parking, existing and proposed landscaping and setbacks from property lines.
Elevation drawings of the proposed tower, the equipment structure, existing
structure with proposed antenna, fencing, buffering /screening, type of architectural
treatment, and any other feature necessary to show compliance with the applicable
standards.
(2) Photo - simulations of the proposed facility from adjacent residential properties,
public properties and public rights -of -way.
(3) Legal description and ownership of the parcel.
(4) A valid agreement for collocation on an existing WCF support structure or on an
existing building or structure; or a location evaluation study as described in
subsection (5) of this section.
(5) For new freestanding support structures, a location evaluation study shall be
provided as follows:
(a) A study shall be provided showing that the structure is required for present and
future network coverage, that the height requested is the minimum necessary to
provide for the function and potential collocated antennas and why the antennas
could not be collocated on an existing structure. In residential zones, the applicant
shall provide adequate proof that the facility could not be located in a nonresidential
zone.
(6) The applicant shall submit a performance bond or other security acceptable to
the county, as described in WCC 20.13.130(4), to cover the future costs of removal
of the facility.
(7) A report from a licensed professional engineer documenting that:
37
May 16, 2017
(a) The support structure is designed for collocation of other antennas (if
applicable).
(b) The antenna usage will not interfere with other adjacent or neighboring
transmission or reception communications signals.
(c) The wireless communications facility complies with all applicable standards of
the FCC for such facilities including EMF emission standards, if applicable.
(8) Proof of license by the FCC, if applicable.
(9) A copy of the findings from the FAA's Aeronautical Study Determination
regarding the proposed wireless communication support structure.
(10) A copy of the instrument that establishes the right of the applicant to use the
site for the intended purpose as required in WCC 20.13.091(7).
(11) If the site is a leased site, a copy of lease agreement which specifies or shows
that it does not preclude the site owner from entering into leases on the site with
other providers.
38
May 16, 2017
EXHIBIT N
(ADDING A REFERENCE TO WIRELESS APPLICATION REQUIREMENTS)
Chapter 20.13
WIRELESS COMMUNICATION FACILITIES
20.13.040 Permitted Uses.
The following uses shall be considered permitted uses and shall comply with
federal, state, and local laws and regulations and the provisions of this chapter
(including but not limited to WCC 20.13.120); the following uses shall also be
subject to environmental review under the State Environmental Policy Act (SEPA),
unless categorically exempt:
(1) Replacement construction. In all districts: Replacement of any component of an
existing freestanding or attached wireless communication facility, and /or
replacement of any component of an existing ancillary equipment facility on
existing, approved and conforming sites; provided, that such replacement does not
increase the total number of components lawfully existing on the site at the time of
application for such replacement construction; and further provided, that such
replacement construction does not "substantially change the physical dimensions"
of the individual components being replaced as defined in WCC 20.13.020(22).
Determinations made as to whether or not replacement proposals substantially
change the physical dimensions of existing facilities shall be made by the
administrator, as follows:
(a) The applicant or applicant's agent must submit documentation to the
administrator that demonstrates that replacement construction proposals do not
substantially change the physical dimensions of such facilities as defined in WCC
20.13.020(22). Examples of such documentation may include specification sheets
and /or area calculations for both the existing and proposed replacement equipment.
Such documentation must be submitted at the time of preapplication interview for
the required commercial building permit(s).
(b) The applicant or applicant's agent must also submit documentation to the
administrator demonstrating that replacement construction meets Federal
Communication Commission (FCC) Emission Standards (as applicable). Such
documentation must be submitted at time of application for the required
commercial building permit(s).
(2) New antenna or new antenna array construction. In all districts: New antennas
or new antenna arrays may be constructed on or added to existing, attached or
freestanding wireless communication facilities on existing, approved and conforming
sites; provided, that such new antennas or antenna arrays do not "substantially
W
May 16, 2017
change the physical dimensions" of such facilities, as defined in WCC
20.13.020(22).
Determinations made as to whether or not new construction proposals substantially
change the physical dimensions of existing facilities shall be made by the
administrator, as follows:
(a) The applicant or applicant's agent must submit documentation to the
administrator that demonstrates that the proposed new antenna or new antenna
array construction does not substantially change the physical dimensions of such
facilities. Examples of such documentation may include specification sheets and /or
area calculations for both the existing and the proposed new equipment. Such
documentation must be submitted at the time of pre - application interview for the
required commercial building permit(s).
(b) The applicant or applicant's agent must also submit documentation to the
administrator that demonstrates that any new antenna(s) meet Federal
Communication Commission (FCC) Emission Standards (as applicable). Such
documentation must be submitted at time of application for the required
commercial building permit(s).
20.13.120 Application requirements and conditions of issuance.
Applicants shall submit the following information in addition to standard application
materials:
(1) A scaled site plan clearly indicating the location of the proposed facility, all other
structures and uses on the site, adjacent roadways, proposed means of access,
parking, existing and proposed landscaping and setbacks from property lines.
Elevation drawings of the proposed tower, the equipment structure, existing
structure with proposed antenna, fencing, buffering /screening, type of architectural
treatment, and any other feature necessary to show compliance with the applicable
standards.
(2) Photo - simulations of the proposed facility from adjacent residential properties,
public properties and public rights -of -way.
(3) Legal description and ownership of the parcel.
(4) A valid agreement for collocation on an existing WCF support structure or on an
existing building or structure; or a location evaluation study as described in
subsection (5) of this section.
(5) For new freestanding support structures, a location evaluation study shall be
provided as follows:
(a) A study shall be provided showing that the structure is required for present
and future network coverage, that the height requested is the minimum
necessary to provide for the function and potential collocated antennas and
40
May 16, 2017
why the antennas could not be collocated on an existing structure. In
residential zones, the applicant shall provide adequate proof that the facility
could not be located in a nonresidential zone.
(6) The applicant shall submit a performance bond or other security acceptable to
the county, as described in WCC 20.13.130(4), to cover the future costs of removal
of the facility.
(7) A report from a licensed professional engineer documenting that:
(a) The support structure is designed for collocation of other antennas (if
applicable).
(b) The antenna usage will not interfere with other adjacent or neighboring
transmission or reception communications signals.
(c) The wireless communications facility complies with all applicable standards
of the FCC for such facilities including EMF emission standards, if applicable.
(8) A projection of the wireless communication facilities which the applicant and /or
prospective operator of the facility reasonably anticipate will be sited by his
company within Whatcom County during the next five years.
(9) Proof of license by the FCC, if applicable.
(10) A copy of the findings from the FAA's Aeronautical Study Determination
regarding the proposed wireless communication support structure.
(11) A copy of the instrument that establishes the right of the applicant to use the
site for the intended purpose as required in WCC 20.13.091(7).
(12) If the site is a leased site, a copy of lease agreement which specifies or shows
that it does not preclude the site owner from entering into leases on the site with
other providers.
41
May 16, 2017
EXHIBIT O
(CLARIFYING SETBACK STANDARDS FROM A ROAD)
Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
20.80.230 Measurement of Setbacks.
(1) Front Yard. The requisite minimum front yard setback line shall be measured
from the edge of the abutting road right -of -way (front property line). For corner
lots, the appropriate abutting road right -of -way shall be determined as provided in
subsection (3) of this section. The property owner shall bear the responsibility for
correctly locating the edge of the abutting road right -of -way from which the
measurement is to be taken.
(2) Shoreline Areas. In situations where the shoreline setback(s) imposed by the
Shoreline Management Program exceed the standard rear and /or side yard
setbacks imposed by this chapter, the front yard setback(s) shall apply to the
waterfront side(s) of the lot or tract and the rear yard setback shall apply to the
street side of the lot or tract; provided, however, the zoning administrator may
waive the setback reversal requirement of this section upon request of the property
owner if he finds that the public interest will not be harmed; provided further, that
the minimum setback on the street side of parcels abutting collector and arterial
roadways shall be 20 feet.
(3) Corner Lots. For corner lots, the front yard shall be that yard which abuts a
collector or arterial road. In the case of two or more roads being designated
collectors or arterials, the front yard shall abut the road with the higher
classification. If neither of the roads are designated collectors or arterials or if they
have equal classifications, the owner /builder shall have the option of selecting the
front yard. The zoning administrator may override this decision in special
circumstances involving public safety. Yards on the other flanking roadsmay be
considered side yards except that for collectors or arterials the minimum setback
shall be no less than one -half of the road setback required for the road type in WCC
20.80.210.
(4) Through Lots. For through lots, the front yard shall be determined the same
way as for corner lots per subsection (3) of this section except as provided:
(a) If a plat note, county code, or county development regulation prohibits
vehicular access from a through lot onto one of the roads, the front yard setback
shall be taken from the road where vehicular access is obtained. The yard on the
other flanking non - accessed road shall be considered the rear yard for setback
measurements except when the road is a collector or arterial, in which case the
minimum setback shall be no less than one -half of the setback required for the road
type in WCC 20.80.210. The zoning administrator may reduce the rear yard setback
42
May 16, 2017
along a non - accessed collector or arterial to less than one -half the front yard
setback distance required for the road type in WCC 20.80.210 if:
(i) The reduced setback is no less than the smallest setback for existing residences
on nearby lots along the same frontage,
(ii) The reduced setback is no less than 10 feet, and
(iii) The public interest, safety and health are protected. The zoning administrator
shall recognize input provided by other officials, departments, and divisions having
appropriate expertise prior to approving a reduced setback.
43
May 16, 2017
EXHIBIT. P
(UPDATING REFERENCE TO DEVELOPMENT STANDARDS)
Chapter 20.97
DEFINITIONS
20.97.353 Road Classification.
"Road classification" means any specific terms referring to type of road such as
arterials, collectors, etc., as defined in the Whatcom County Development
Standards.
44
May 16, 2017
EXHIBIT Q
(DELETING REFERENCE TO GUIDE MERIDIAN IMPROVEMENT PLAN)
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.100 Variances.
.110 The hearing examiner shall have authority to grant a variance from the
provisions of this ordinance when, in the opinion of the hearing examiner, the
conditions set forth in WCC 20.84.120 herein have been found to exist. In such
cases, a variance may be granted which is in harmony with the general purpose
and intent of this ordinance so that the spirit of this ordinance shall be observed,
public safety and welfare secured, and substantial justice done; provided, that no
variance shall be granted which authorizes a use which is not permitted by the
underlying zoning.
45
May 16, 2017
EXHIBIT R
(CLARIFYING EMERGENCY COMMUNICATION FACILITIES AND THEIR
MAXIMUM HEIGHTS IN PUBLIC UTILITIES)
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 power line towers and wires, military and
federal, state and local government communications facilities used for emergency
preparedness and public safety purposes; 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. The height of the electrical
telephone poles, power line towers and wires, and government emergency
preparedness communications facilities may exceed the height limit of the
underlying zone; provided that the height is the minimum necessary to accomplish
the facilities' intended purpose. The applicant shall provide technical documentation
that the height proposed is the minimum necessary.
.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.
.023 Water storage tanks owned and operated by a public utility for the sole
purpose of providing required fire flow; provided, that the volumes do not exceed
50,000 gallons and height is not in excess of 12 feet above the ground level
measured within 20 feet in all directions of the tank. A privately owned water
storage tank constructed to provide fire flow for a singular use or property and
maintained by the property owner(s) is considered an accessory use to the primary
permitted or conditionally permitted use that is to be protected by fire flow supplied
from the tank and not subject to regulation as a public utility; provided, the height
does not exceed the maximum height allowed in the underlying zone.
46
May 16, 2017
EXHIBIT S
(ADDING A DEFINITION OF ANIMAL HUSBANDRY)
Chapter 20.97
DEFINITIONS
20.97.014 Animal Husbandry.
"Animal husbandry" means the practice of breeding and tending domestic farm
animals. For the purpose of this definition, animal husbandry does not include
kennels or fur farms.
47
May 16, 2017
EXHIBIT T
(CLARIFYING LOT WIDTH AND DEPTH STANDARDS IN
AGRICULTURE (AG) DISTRICT)
Chapter 20.40
AGRICULTURE (AG) DISTRICT
20.40.250 Division or Modification of Parcels.
20.40.252 Minimum lot Width and Depth.
(1) For parcels created consistent with the minimum lot size: The minimum width
to depth ratio is 1/5. The terms "depth" and "width" refer to the average depth and
average width of the parcel.
(2) For lots created or rearranged pursuant to WCC 20.40.254, the following lot
width and depth shall apply:
Minimum Width
at Street Line
Minimum Width
at Bldg. Line
Minimum
Mean Depth
70' [A]
80'
100'
[A] Applies only to land divisions where the parcel(s) does not contain a farmstead
home site at the time of the application.
48
May 16, 2017
EXHIBIT U
(CLARIFYING THE DEFINITION OF STRUCTURE)
Chapter 20.97
DEFINITIONS
20.97.432 Structure means that which is built or constructed, a building of any
kind, or any piece of work artificially built up or composed of parts joined together
in some definite manner.
49
May 16, 2017
EXHIBIT V
(CLARIFYING ROOF OVERHANG LIMITS)
Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
20.80.210 Minimum Setbacks.
(1) All structures, including accessory structures, shall be placed on their lots in
compliance with the requirements of the setback table (subsection (5)(b) of this
section), except as may otherwise be provided in this title.
(2) Waterfront Lots. Waterfront lots shall comply with the building setback
requirements set forth in the Whatcom County Shoreline Management Program.
(See WCC 20.80.230(2).)
(3) Vision Clearance. Notwithstanding any other setback requirements of this title,
and unless specifically provided otherwise, a clear vision area shall be maintained
on the corners of all property at
the intersection of two streets, a street and an alley, or a street and a railroad.
(a) A clear vision area shall consist of a triangular area, two sides of which are lot
lines measured from the corner intersection of the street lot lines for a distance
specified in subsection (3)(c) of this section (where the lot has rounded corners, the
distance shall be measured from the intersection of those lot lines extended), and
the third side of which is a line across the corner of the lot joining the
nonintersection ends of the other two sides.
(b) A clear vision area shall contain no planting, fence, wall, obstruction, or
temporary or permanent obstruction exceeding two and one -half feet in height,
measured from the top of the curb or, where no curb exists, from the established
street center line grade; except that trees exceeding this height may be located in
this area; provided all branches and foliage are removed to a height of 10 feet
above the grade.
(c) The following measurements shall establish clear vision areas:
(i) In a residential zone, the minimum distance shall be 30 feet, or at intersections
including an alley, 10 feet;
(ii) In all other zones, the minimum distance shall be 15 feet, or at intersections
including an alley, 10 feet, except when the angle of intersection between a street
other than an alley is less than 30 degrees, the distance shall be 25 feet;
50
May 16, 2017
(iii) Structures including buildings may be constructed within the clear vision area;
provided, that any portion of the structure within the clear vision area is more than
eight feet above the top of the curb or street center line grade and is supported by
not more than two columns each of which is no more than eight inches in diameter.
(4) Properties which are generally located on the Guide Meridian between Horton
and Kellogg Roads, and specifically identified in the Guide Meridian Improvement
Plan, shall be subject to the provisions of said plan. The provisions of said plan shall
supersede this chapter where there is inconsistency.
(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 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.
(v) Roof overhangs or other architectural 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 will they extend more than one -half the
depth of the front yard setback; except as provided in WCC 20.51.342 and
20.71.402.
51
(b) Setbacks Table.
Commercial Setbacks
May 16, 2017
General Commercial (GC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
30"
30'
25'
25'
25'
20'
U
10'
1. Setbacks for those parcels situated adjacent to Urban Residential, Rural Cluster Development and Rural Zone
Districts shall be administered pursuant to WCC 20.62.550 (Buffer area).
Rural General Commercial (RGC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
30"
30'
25'
25'
25'
20'
0'
10'
1. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Rural Cluster Development, and
Rural Zone Districts shall be administered pursuant to WCC 20.59.600 (Buffer area).
2. Side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned properties.
Tourist Commercial (TC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
25'
20'
0'
30"
30'
25'
25'
10'
52
May 16, 2017
Water Resource Protection Overlay
30'
30'
20'
20'
20'
20'
0'
5'
1. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Urban Residential Medium
Density, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20.63.550 (Buffer
area).
2. Setback requirements for recreational vehicle parks shall be 30 feet for side and rear yards.
3. Front yard setback requirements for service islands of service stations shall be 25 feet to the center line of the
driveway of the closest service island.
Small Town Commercial (STC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
30"
30'
25'
25'
25'
20'
0'
10'
1. Commercial uses shall be allowed to reduce front yard setback to 10 feet and the side yard setback to zero feet
where the site and landscape plans promote pedestrian access to the building.
2. Side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned properties.
3. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Urban Residential Medium
Density, Residential Rural, and Rural Zone Districts shall be administered pursuant to WCC 20.61.600 (Buffer
area).
Ro�nri Gomrnerd: -.l (RC:)
Road Type
Other
Side
Rear
Commercial, Collector Minor Local Neighborhood Minor
Industrial, 1 -5, State Arterials or Collectors Access Collector Access
Yard
Yard
Hwys, Principal & Major Streets Streets
Minor Arterials Collectors
30' 30' 25' 25' 25' 20' 5' 5'
1. Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and Rural Zone Districts
shall be administered pursuant to WCC 20.64.550 (Buffer area).
2. Setback requirements for multifamily housing, including all condominiums except time share condominiums
53
May 16, 2017
and mobile home parks, shall be 20 feet for side and rear yards.
3. Setback requirements for recreational vehicle parks, and resort- oriented hotels and motels including time share
condominiums, shall be 45 feet for front yard and 20 feet for side and rear yards.
4. Setback requirements for nonresort- oriented hotels and motels and nonhabitation commercial development
shall be zero feet for side yards and 10 feet for rear yards.
5. 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.
Neighborhood Commercial (NC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
25'
25'
25'
25'
25'
20'
0'
10'
Water Resource Protection Overlay
30'
30'
20'
20'
20'
20'
0'
10'
1. Neighborhood Commercial District. Setbacks for those parcels situated adjacent to Agriculture, Urban
Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20.60.550 (Buffer
area).
'When located adjacent to 1 -5 these setbacks may be reduced to 25' subject to the screening requirements
under WCC 20.80.300.
Residential Rural (RR)
Rural Residential Setbacks
54
May 16, 2017
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
45'
35'
25'
25'
25'
20'
5 ",
5'
Water Resource Protection Overlay
30'
30'
20'
20'
:270 '
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 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.
Rural Residential- Island (RR -1)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
—
—
25'
25'
25'
20'
5'
5'
1. 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 WCC 20.80.210.
Paint Roberts TrLinsilional Zone (TZ)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
55
May 16, 2017
45' 35' 25' 25' 25' 20' 5' 5'
No additional standards.
'Zero 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 Zoning Setbacks
Rural (R)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5,
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
State Hwys,
Major
Streets
Streets
Principal &
Collectors
Minor Arterials
45'
45'
35'
25'
25'
20'
5'
5'
Water Resource Protection Overlay
30' 30' C 20' 20' 20' 20' 5' 5'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone
District, except that such parcels whose owners have filed an agreement with the county auditor as specified in
WCC 20.36.651 shall be subject to the standard setback in WCC 20.80.210.
2. Lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be
used for human habitation, shall be set back a minimum of 100 feet from the property line of any parcel or portion
thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of
exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use.
Subject to any further requirements within Chapter 20.38 WCC, Agriculture Protection Overlay.
3. 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
56
May 16, 2017
Commission.
4. A marijuana production or processing 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.
5. A marijuana production or processing 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 or processing 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, and the waiver is approved through an administrative
approval process per WCC 20,84.235.
Urban Residential Setbacks
Urban Residential Mixed Use (UR -MX)
Road Type
Other
Commercial,
Industrial, 1 -5, State
Hwys, Principal &
Minor Arterials
Collector
Arterials or
Major
Collectors
Minor
Collectors
Local
Access
Streets
Neighborhood
Collector
Minor
Access
Streets
Side
Yard
Rear
Yard
45'
35'
25'
10'
10'
10'
5'
5'
Water Resource Protection Overlay
30'
30'
20'
20'
20'
20'
5'
5'
1. No specific setback requirements shall apply to a planned concept submitted for technical committee review_
This provision could be used, for example, to allow zero -lot -line development.
Urban Residential Medium (URM)
Road Type
Other
Commercial,
Ind ustrial, 1 -5, State
Collector
Arterials or
Minor
Collectors
Local
Access
Neighborhood
Collector
Minor
Access
Side
Yard
LRe r
d
57
May 16, 2017
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
45'
35'
25'
25'
25'
20'
5'
5'
Water Resource Protection Overlay
30'
30'
20'
20'
1 20'
20'
5'
5'
-[
1. Setback requirements for mobile home parks shall be 20 feet from the perimeter of the park for side and rear
yards and shall be screened from neighboring uses in accordance with WCC 20.80.345.
Urban Residential (UR)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, 1 -5, State
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
Hwys, Principal &
Major
Streets
Streets
Minor Arterials
Collectors
45'
35'
25'
25'
25'
20'
5`1
5'
Water Resource Protection Overlay
30'
30'
20'
20'
20'
20'
5'
5'
_J
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry Zone District, except
that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1, 1987, and
whose owners have filed an agreement with the county auditor as specified in WCC 20.20.651, shall be subject to
the standard setback in WCC 20.80.210.
2. 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.
'Zero 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.
58
May 16, 2017
Other Zoning Setbacks
Recreation Open Space (I DS)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side Yard
Rear Yard
Industrial, 1-5,
Arterials or
Collectors
Access
Collector
Access
State Hwys,
Major
Streets
Streets
Principal & Minor
Collectors
Arterials
100'
100'
50'
50'
50'
50'
50'
50'
1. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front
yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
2. Shoreline setbacks shall be administered consistent with the Shoreline Management Program of Whatcom
County; provided, that a 25 -foot setback is maintained from the ordinary high water mark of all water bodies and a
50 -foot setback is maintained from the ordinary high water mark of fish spawn streams.
3. 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.
Water Resource Protection Overlay (WRPO)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side Yard
Rear Yard
Industrial, 1 -5,
Arterials or
Collectors
Access
Collector
Access
State Hwys,
Major
Streets
Streets
Principal & Minor
Collectors
Arterials
30'
30'
20'
20'
20'
20'
See
See
underlying
underlying
zoning',
zoning' -
1. No additional standards.
59
May 16, 2017
'Refer to additional provisions of WCC 20.64.250 or 20.65.400.
.1