HomeMy WebLinkAboutord2020-045strikeFile ID: AB2020-352
File Created: 08/27/2020
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 09/29/2020
Whatcom County
Agenda Bill Master Report
File Number: AB2020-352
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: CStrong@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: cstrong@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 09/29/2020
Enactment #: ORD 2020-045
Ordinance adopting various amendments to WCC Titles 12 (Roads & Bridges), 16 (Environment), 20
(Zoning), 21 (Land Division Regulations), and 22 (Land Use and Development Procedures)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to WCC Titles 12, 16, 20, 21, and 22. This is an annual "code scrub," wherein
staff proposes amendments to clarify code, fix inconsistencies and grammar, and, this year, modify
policies regarding LAMAIRD uses, stormwater requirements, boundary line adjustment requirements
for nonconforming lots, exempt lots created by exempt agricultural subdivision from required lot
consolidation; require that agriculture lots modified via a boundary line adjustment have an adequate
building site, and create a new administrative variance process.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action: Sent To:
09/15/2020 Council
INTRODUCED FOR PUBLIC Council
HEARING
Aye:
6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay:
1 Elenbaas
Absent:
0
09/29/2020 Council
ADOPTED
Aye:
7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Whatcom County
Page t Printed on 913012020
Agenda Bill Master Report Continued (AB2020-352)
Nay: 0
Absent: 0
Attachments: Staff Report, Proposed Ordinance, Code Scrub 2019 - Exhibit A for 9.29.2020
Whatcom County Page 2 Printed on 913012020
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO. 2020-045
ADOPTING VARIOUS AMENDMENTS TO WHATCOM COUNTY CODE TITLES 12 (ROADS & BRIDGES), 16
(ENVIRONMENT), 20 (ZONING), 21 (LAND DIVISION REGULATIONS), AND 22 (LAND USE AND
DEVELOPMENT PROCEDURES)
WHEREAS, Whatcom County Planning and Development Services has proposed amendments to
Whatcom County Code Titles 12, 16, 20, 21, and 22; 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 October 22, 2019.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on October 10, 2019. No comments were received.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on July
23, 2020.
5. The County Council held a duly noticed public hearing on the proposed amendments on September
29, 2020.
6. The amendments are consistent with Comprehensive Plan Policy Goal 2D to "refine the regulatory
system to ensure accomplishment of desired land use goals in a fair and equitable manner."
7. In reference to Exhibit A, Amendment No. 1: The proposed amendment to WCC 16.08.090(A) would
make it clear that an applicant has to use Whatcom County's SEPA Environmental Checklist form,
which has been amended as allowed by state law. It also makes it clear that a fee may be required
per the Unified Fee Schedule.
8. In reference to Exhibit A, Amendment No. 2: The proposed amendments would add a footnote to
Tables WCC 20.20.255 and 20.22.254 (Minimum lot width and depth for the UR and URM Districts),
as previously added to WCC 20.36.253 (Minimum lot width and depth for the Rural District). This
would allow for boundary line adjustments on existing lots that often do not meet the "width at
street line" standards for that zone.
9. In reference to Exhibit A, Amendment No. 3: For the Resort Commercial (RC) zoning district different
setback requirements are listed in two different sections of Title 20, making it difficult to find them
all. The proposed amendments would help rectify this by moving the exceptions of WCC 20.64.350
Page 1 of 5
to 20.80.253(4), which contains other exceptions. Additionally, the setbacks are frustratingly difficult
to interpret so the grammar is being cleaned up.
10. In reference to Exhibit A, Amendment No. 4: The amendment to WCC 20.64.700 would remove
building size requirements from the Resort Commercial's "performance standards" section and
place them in a new "maximum building size" section (WCC 20.64.330), making it easier for
applicants to find as it is more similar to the code structure for other zoning districts.
11. In reference to Exhibit A, Amendment No. 5: The amendment to WCC 20.64.450 would simplify the
language by combining the two subsections into one sentence.
12. In reference to Exhibit A, Amendment No. 6: This amendment would repeal WCC 20.65, the
Gateway Industrial zoning district. The City of Bellingham annexed the last GI zoning district
properties on April 1, 2019. There are no other properties zoned GI in Whatcom County, nor does
the County foresee ever using it again given its purpose.
13. In reference to Exhibit A, Amendment No. 7: The amendment to the "Maximum floor area per
building" table in WCC 20.80.100 would add storage/warehouse as an allowed use in Glacier, setting
the maximum floor area to that of an existing storage building (3,584 sq. ft.) allowing storage/
warehouse uses in the Glacier LAMIRD where the underlying zoning district allows such (e.g., the
Small Town Commercial zone) up to a maximum of 3,584 sq. ft. When this table was first created,
the County inventory overlooked an existing storage building and thus the table did not reflect all
the uses in existence in 1990, as was intended.
14. In reference to Exhibit A, Amendment No. 8: There remain three references to the Guide Meridian
Improvement Plan in the code. However, that plan was repealed by Ordinance 2016-035 and
references to it should be deleted.
15. In reference to Exhibit A, Amendment No. 9: The amendment to WCC 20.80.630, the Modified
Thresholds for Stormwater Management Table, would require source control (i.e., using Best
Management Practices to reduce pollution from non -point sources) for stormwater management
systems where they are required.
16. In reference to Exhibit A, Amendment No. 10: Similar to those tables for the UR & URM districts, a
footnote is being added to WCC 20.24.252 (Density and minimum lot size for the UR-MX district)
where "conventional minimum lot size" indications "N/A." Otherwise when reviewing Lot of
Record/Lot Consolidation requests, no applicant can meet WCC 20.83.070(2) "One or more of the
lots in question does not meet the conventional minimum lot size of the applicable zone district."
17. In reference to Exhibit A, Amendment No. 11: WCC 20.83.110 contains a prohibition on making
nonconforming lots more nonconforming through a Boundary Line Adjustment (BLA). However, this
has led to instances of highly irregular lot lines, or the inability to preclude the need to impact
critical areas. While in general making lots more nonconforming should be avoided, there are
instances where it makes sense. The amendments to WCC 20.83.110 sets out the conditions where
such would be acceptable, and would address and satisfy the intent of Docket Item PLN2014-00001.
18. In reference to Exhibit A, Amendment No. 12: Buildings in LAMRIDS are subject to maximum
building sizes and it is unclear whether decks are to be included, or not, within the allowable floor
area. This amendment to WCC 20.97.145 would exclude decks from the definition of floor area.
19. In reference to Exhibit A, Amendment No. 13: WCC 21.01.040(2)(b) allows an exempt subdivision
with a minimum lot size of 20 acres, mirroring the state provision for exempt subdivisions. However,
Page 2 of 5
the Agriculture and Commercial Forestry zones have a minimum lot size of 40 acres. One could
argue that this provision, then, would allow someone to create parcels of 20 acres in these Ag zone,
contrary to our minimum lot size for that zone. The amendment to WCC 21.01.040(2)(b) would fix
this.
20. In reference to Exhibit A, Amendment No. 14: WCC 20.40.255 requires that all parcels in contiguous
ownership be consolidated for the purposes of the subdivision, short subdivision, or boundary line
adjustment (BLA). In general, requiring lot consolidation is a good practice, as it prevents someone
from doing multiple short plats in lieu of a subdivision, which gets them out of installing some
infrastructure (roads, drainage, sewer, etc.) otherwise necessary for the number of lots being
created. Yet, in some instances, primarily in the Ag zone where there are larger lots (40+ acres),
someone who has undergone an exempt land division per WCC 21.01.040(2)(i) (one of the few ways
allowed under state law to subdivide without having to comply with the subdivision rules) has to
reconsolidate those lots if they want to do a simple BLA, which is not the intent of the exempt
subdivision rules. In these cases, staff has resorted to advising applicants to transfer their adjacent
parcels into different ownership (e.g., another family member). The amendments to subsection (4)
would exempt lots created by exempt subdivision from this required consolidation. It would have no
effect on smaller lots, as only 40+acre lots can be created in this fashion.
21. In reference to Exhibit A, Amendment No. 15: In processing boundary line adjustments, the County
needs to ensure that the final lots have sufficient area to build a house (the most common economic
use of property). However, for some reason there is language that exempts BLAB in the Agriculture
zone from this requirement, even though the lots could be sold to someone wanting to build a
home. The proposed amendment to WCC 21.03.060(1)(b) would prevent someone from adjusting a
lot such that it doesn't have enough room to build on.
22. In reference to Exhibit A, Amendment No. 16: While table 22.05.020 indicates that open record
hearings are required both for Type III and IV applications and for appeals of Type I and Type II
applications, the text for WCC 22.05.090 does not. This amendment would clarify this requirement.
23. In reference to Exhibit A, Amendment No. 17: This amendment would move the remainder of
Chapter 20.84, which has to do with the processing of variances, conditional use permits, and
administrative approval uses to Title 22 (Land Use and Development Procedures), Chapter 22.05
(Project Permit Procedures), as all processing mechanisms and criteria should now be in that Title.
Chapter 20.84 would then be deleted in its entirety.
24. In reference to Exhibit A, Amendment No. 18: Throughout the code, various historic titles are used
for the chief administrator of Planning and Development Services (director, administrator, zoning
administrator, zoning official, etc.). Staff proposes to use "Director' throughout, and will continue to
make these changes as we progress through future zoning amendments.
25. In reference to Exhibit A, Amendment No. 19: WCC 22.05.020, the Project Permit Processing Table,
indicates that Whatcom County has an administrative shoreline conditional use permit. However,
we do not; nor does the Shoreline Management Act or our own Shoreline Management Plan allow
for them. This amendment would delete this nonexistent permit type from the table.
26. In reference to Exhibit A, Amendment No. 22: WCC 20.84.110 grants the Hearing Examiner the
authority to grant variances from all provisions of Title 20 (Zoning Code). However, under state law
variances can only be granted from dimensional standards, not uses, processes, etc. This
amendment would better specify what variances can be granted for (i.e., the dimensional
standards).
Page 3 of 5
27. In reference to Exhibit A, Amendment No. 21: WCC 20.84.110 grants the Hearing Examiner authority
to grant variances from all provisions of Title 22, which used to contain the Guide Meridian
Improvement Plan but was repealed in 2019. Title 22 now contains permit procedures. As variances
cannot be granted from processes, the reference to Title 22 should be deleted.
28. In reference to Exhibit A, Amendment No. 22: Planning and Development Services receives
numerous variance requests for minor issues unlikely to have impacts on surrounding properties or
people, in particular minor reductions to front yard setbacks or parking stall requirements so as to
accommodate houses on challenging lots. The proposed amendments to WCC 20.84.100 (which
would become 22.05.024 under Amendment # 19) and WCC 22.05.020 would create a new "minor
variance" permit to be processed as a Type II Application. As such, public notice would still be
provided wherein neighbors could comment and raise issues or objections, but there would be no
public hearing: The decision would be made by the Director, not the Hearing Examiner. This would
cut down on the time and costs to applicants for variances for which Planning and Development
Services typically doesn't receive much public involvement.
29. In reference to Exhibit A, Amendment No. 23: The amendments to WCC 22.20.020 would make it
clear that a submittal for a code interpretation has to be on one of our official forms.
30. In reference to Exhibit A, Amendment No. 24: The amendment to WCC 22.25.020 would make it
clear that that Council has adopted a fee for code interpretations.
31. In reference to Exhibit A, Amendment No. 25: Last year when Council updated (and consolidated)
the setback table (WCC 20.80.210) an oversight was made in regards to setbacks in the Agriculture
Zone. The required setback for habitable structures on small lots from was inadvertently changed
from 30' to 5'. Though it may be acceptable to have a non -habitable structure only 5' from an
agricultural field, the setback for habitable structures (i.e., homes) should remain at 30'. This
amendment would rectify that oversight.
CONCLUSIONS
1. The amendments to the development regulations are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
Page 4 of 5
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
Section 2. Staff is authorized to work with Code Publishing to correct and update any cross-
references made ineffective by these amendments.
ADOPTED this 29th day of September 2020.
�kW11'01 I B i f ggd/l
W H AT�Pt� 1 b�' Ap �Cel
W H 4C cq� pr'r A ' GTON
_ "A m y�
ATTF, Couv� t' ��'
Dan rBroIN ciI Clerk
N
tl W 6 (5
APPROVED as to'forM:
/s/ Royce Buckingham via electronic signature/LB
Civil Deputy Prosecutor
try hanan, Council Chair
Approved ( ) Denied
Satpal Sidh , Executive
Date: 10 /6 G /a® -a®
Page 5 of 5
Miscellaneous Code Amendrnenis 2019
(Editor's note: Ellipses (... ) indicate that sections of the code not being amended are not shown.)
Title 16 ENVIRONMENT
1. No policy change, just a clarification.
The proposed amendment to 16.08.090(A) would make it clear that an applicant has to use Whatcom
County's SEPA Environmental Checklist form, which has been amended as allowed by state law. It also
makes it clear that a fee may be required per the Unified Fee Schedule.
Chapter 16.08: State Environmental Policy Act (SEPA)
16.08.090 Environmental checklist.
A. E pt as previded- an „bse�+ien -D ofthiS s ,tie A completed environmental checklist-(a-ra
„y) ;n the FeF ffl ,F ,,,,,,.,- ;., �AAAG , 97_9 1 _960 shall be filed at the same time as an application for
a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a
checklist is not needed if the County and applicant agree an EIS is required, SEPA compliance has
been completed, or SEPA compliance has been initiated by another agency. Except as provided in
subsection (D) of this section the checklist shall be on a form provided by the County, which is in the
form of WAC 197-11-960 with additions required by the Responsible Official in accordance with
WAC 197-11-906(4). The County shall use the environmental checklist to determine the lead agency
and, if the County is the lead agency, for determining the Responsible Official and for making the
threshold determination. A checklist submittal shall include any checklist review fee specified in the
County's Uniform Fee Schedule.
Exhibit A: Miscellaneous Code Amendments 2019
TITLE 20 ZONING
August 27, 2020
2. No policy change per se, but would make a previous policy change applicable in other similar zones.
In 2017 Council added the following footnote to the Rural District's minimum lot width and depth table
(WCC 20.36.253) for boundary line adjustments (BLA):
*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).
This language was added because many existing lots in that zone do not conform to this standard. Doing
a BLA on such nonconforming lots then causes extremely irregular lot lines, or is otherwise impossible to
accomplish. However, similar language was not added to the UR & URM districts, though the same
prohibition applies if you don't have public water & sewer. Staff believes this was an oversight.
Staff proposes adding the same footnote to the tables in WCC 20.20.255 (UR) and 20.22.254 (URM).
Chapter 20.20 Urban Residential (UR) District
20.20.255 Minimum lot width and depth.
Width at Street Line**
Width at
Minimum
District
Bldg.
Mean
Conventional
Cluster
Line
Depth
UR: all districts without public sewer and water
300'
70'*
80'
100,
UR: with public sewer and water, and stormwater collection and
detention facilities:
• 3 units per acre
30'
30'
70'
80'
• 4 units per acre
30'
30'
60'
70'
*30' on a cul-de-sac only
**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)(fl.
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.254 Minimum lot width and depth.
Width at Street Line*
Width at Bldg.
Minimum Mean
District
Line
Depth
Conventional
Cluster
URM: all districts without public sewer and water and transferable
300'
70'
80'
0'
development rights (TDRs)
URM: with public sewer and water and transferable development
N/A
N/A
N/A
N/A
rights (TDRs)
*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)(fl.
Exhibit A: Miscellaneous Code Amendments 2019
Chapter 20.64: Resort Commercial (RC) District
3. No policy change, just moving sections and cleaning up grammar.
August 27, 2020
For the Resort Commercial (RC) zoning district different setback requirements are listed in two different
sections of Title 20, making it difficult to find them all. The proposed amendments would help rectify
this by moving the exceptions of WCC 20.64.350 to 20.80.253(4), which contains other exceptions.
Additionally, the setbacks are frustratingly difficult to interpret so the grammar is being cleaned up.
20.64.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements), except as
provided in 20.80.253(4) and 20.64.550 (Buffer area) .
Chapter 20.80: Supplementary Requirements
20.80.210 Minimum setbacks.
(5) Setbacks....
(b) Setbacks Table.
Zoning District
Setback (in feet) from:
Right -of -Way Classification
Other
1-5, State Highways,
Urban Principal, and
Urban Minor
Arterials
Urban Collector
Arterials and Rural
Major Collectors
Minor
Collectors
Local
Access
Streets
Minor
Access
Streets
Side
Yard
Rear
Yard
Commercial Setbacks
Resort Commercial
(RC)
30
30
25
25
20
5
5
Note: Depending on circumstances, some RC setbacks may differ pursuant to WCC 20.64.350, 20.64.5507
and 20.80.253(4).
Industrial Setbacks
Ga4e°ate I rr+af
-15
24
15
2-5
2-5
410
10
Exhibit A: Miscellaneous Code Amendments 2019
20.80.253 Commercial districts.
(4) Resort Commercial District.
August 27, 2020
(a) Except for single-family residences, when a parcel situated within this district adjoins an Urban
Residential Urban Residential Medium Density, Residential Rural, or Rural district, the proiect
shall also meet the requirements of WCC 20.64.550 (Buffer area).
(b) Side and rear yard setbacks requiremeRts for multifamily housing, including all GeRdaminiums
recreational vehicle parks, and mobile home parks; shall be 20
feet .
(c) For recreational vehicle parks, and resort -oriented hotels and motels, front yard 5setbacks
shall be 45 feet for {r^^* yaFd, and 20 f^^+ f ;„d^ Anr FP
(d) SetbaG'( FegUiFements For non -resort oriented hotels and motels and non -habitation
commercial development, side yard setbacks shall be zero feet and feFside rear yard setbacks
shall be a444-10 feet.
(e) Commercial uses shall be allowed to reduce the front yard setback to 15 feet and the side yard
setback to zero feet where the site and landscape plans promote pedestrian access to the
building.
(f) For internal lots in a single-family development, the sidevard setback may be reduced to zero
feet when the lot line setback on the opposite side yard is 10 feet; however, sidevard setbacks
adiacent to parcels not being developed under this exception shall be those provided in WCC
20.80.200 (Setback Requirements).
(g) An additional five feet shall be added to each side and rear yard for each 10 feet of building
height or fraction thereof, in excess of 15 feet.
Chapter 20.64: Resort Commercial (RC) District
4. No policy change, just moving text.
This amendment would remove building size requirements from the Resort Commercial's "performance
standards" section and place them in their own "maximum building size" section, making it easier for
applicants to find as it is more similar to the code structure for other zoning districts.
20.64.700 Performance standards.
The following provisions shall apply to all uses within this district:
4
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
.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 There shall be no storage outdoors.
.706 There shall be no off -site release to soil or surface drainageways of water borne or liquid
pollutants.
.707 Applicable health department permits must be secured before permit is issued.
Fural eemmunity designation will be consistent with the charaeteF A-f the area in july 1, 1990, an te-F.M.; Af
building size, sGale, use, eF intensity of existing uses, peF WCC 20.90.100(i) exeept as provided in �.A.IG-G
2 n 4�n04r
.;Egg in a FuFal business designation, the maximum allewable fleeF aFea is 7,000 quaFe feet e)(Gept as
20.64.330 Maximum Building Size.
(1) In a Rural Communitv designation, the maximum allowable floor area for a building shall not exceed
the floor area of the largest building of the same type and use that existed in that same rural
community designation on July 1, 1990, per WCC 20.80.100(1) (LAMIRD Requirements) except as
provided in WCC 20.80.100(2).
(2) 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).
5. No policy change, just combining text.
Staff proposes to simplify the language of WCC 20.64.450 by combining the two subsections into one
sentence.
20.64.450 Lot coverage.
.4-5.1- B-Hildings 9F stFuetures fer single family dwelling and duplex uses shall not eGGupy maFe than 35
peFeent of a paFeel.
The lot coverage for any single-, two-, or multi -family residential use shall not exceed 35% of the parcel.
Exhibit A: Miscellaneous Code Amendments 2019
6. Though this is a policy change, it has no effect.
August 27, 2020
Staff proposes to repeal WCC 20.65, the Gateway Industrial zoning district. The City of Bellingham
annexed the last GI zoning district properties on April 1, 2019. There are no other properties zoned GI in
Whatcom County, nor do we foresee ever using it again given its purpose.
This would also necessitate the deletion of the establishment of the zone in WCC 20.04.060, the
required setbacks in WCC 20.80.210 (deletion shown in Amendment #5), its mention in WCC 20.13.085
and 20.15.070, and of the landscaping requirements for the GI district in WCC 20.80.360.
A
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
D mpact industrial paF!( standaMs while allowing Feasenable tFansition uses ef the pFeperties. The distFiet
pelicies of the Comprehensive Plan. The d*stF*Gt sheuld be located near majE)F intematienal
ineluding but not limited te all weatheF Feads, public sewer and water ani-A -I;*A-.F.MP.AvateF dFainage
;w;;*I;;hlp The di.-Ariet pFevides feF uses that pFeseRt a positive development image te business
. •. TIT A
..
Management PFegFaPA7
indeer ware
,
.. S,
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
er an ate of 30,000
e feet within a single develepme4+V.
(n) Adult r;aFe nteFs
/GI Chwehes.
(7) Service station
(9) Eating and .drinkin
FniRi .day eaFe eenteFs 9F day E nteFs
establish..- epts
Feereatie-nal boats and trawlers, rec:Featienal vehicles and
(IO)Gemmereial sterage
ef personal
.057 AgFieultuFe, including cornmeFdal haFtiewitwe -;;nd- trp-p- fa.r.rn;ng, but excluding intensive animal
eleetricai n r f..r lighting-.
PaFl( Plan:
AGA Activity cente Fs
991 Freight railFea d switching yands -n.d
-2n Gc Inn AGeessery uses.
Exhibit A: Miscellaneous Code Amendments 2019
WL' '
August 27, 2020
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
LIUM
. •. ..
nts of WGG 2090 ti7C
20 1 ACA Site design
buildings, stFuetures, hard surfacing, parking areas and iFnpeFv*eus in the Bellingham IJGA, individual sites shall be designed in a elustered eir concentrated ferrA -of
aFeas and rfa
906C CCA Qnffpr .
n Residential Medium Density PistFiet, side
When a PaFeel situated within this distiriet adjoins a -r-ha
and Fear yard setbacks shall be inGireased to 2:5 feet. in the Bellingham UGA, bu4er areas shall be
in one buildiing er semplex Ew geneirate FneFe than 50 vehicle tirips peir day. Said alrea shall be landseaped
pedestrian tFails `ed
Thp f IIPeFFAitted within +Mir dktrir+•
.691 Ne adVeFtising-F�e++eemrneFeial uses shall he R-riented- te the freeway except lane
per use that + the following standards-
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
- fti UTT.; ...
...
The buddiRg design,
landseape Shall enhanee the
(2) site plan, and
plan
aFeund them, landscaping, and signage are integFated se as ta
(a) The building masses, epen spaees
(c) individual developments aFe designed te- aer-A-ImIlmle date additional develepment en adjaGent
11
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
FIPJ
Exhibit A: Miscellaneous Code Amendments 2019
..
. . . .........
... ....... . .. . .......
(5) Will meet all development, performance, and etherStan(darr-J5 ef. this d4str4et.
August 27, 2020
The fell , -1 . . ns shall apply te all' I-IsPers ViithiA this diStFiGt�
distFaet.
average + '+ f + . + and +raffie e f und- in the district
.7-03 There shall he ne emissien ef significant quantities ef dust, diFt, aders, smeke, eF te)(iG gases and
fumes.
.7-0-4. There shall be ne pFeduGtian of heat, glaFe eF vibFatieR peFeeptible frem any pFepeFty line of the
h' h eh heat glaFe or .ibFatian is being geneFated..70-5; T-heFe shall be no eff-site Fele-a-se te saw! 9F surfaee dFainage ways ef wateF bame OF liquid
pellutant&.
Chapter 20.04 General Provisions
20.04.060 Establishment of districts.
For the purpose of furthering the goals and policies of the Comprehensive Plan and to carry out the
provisions of this title, Whatcom County is hereby divided into the following districts:
Chapter Abbreviation District
X) C95 IG4 Gateway lRdu44a4
Chapter 20.13 Wireless Communication Facilities
20.13.085 Siting priorities.
(2) For the purpose of this chapter:
13
Exhibit A: Miscellaneous Code Amendments 2019
(b) Nonresidential related districts include:
August 27, 2020
(ii) Industrial districts including Heavy Impact Industrial (HII), Light Impact Industrial
(LII), , Rural Industrial and Manufacturing (RIM), General
Manufacturing (GM), Airport Operations (AO) and the Cherry Point Industrial District (CP-
ID); and
Chapter 20.15 Commercial Mushroom Substrate Production Facilities
20.15.070 Buffer and setback requirements.
(1) The commercial substrate production facility's active area shall meet the following minimum buffer
requirements:
(a) Two thousand six hundred forty feet from the following zoning districts: Urban Residential, Rural
Residential, Residential -Island, Rural, Commercial, ,-Light Impact Industrial,
Point Roberts Special District, and Point Roberts Transitional Zoning.
Chapter 20.80 Supplementary Requirements
20.80.360 Special requirements for individual zone districts.
References to front yard landscaping in subsections (1) through (465) of this section shall be based on the
property line except where the County Engineer determines the road is developed at its ultimate width,
then the back of the sidewalk can be used.
(1) Urban Residential Medium Density (URM), Neighborhood Commercial (NC), Resort Commercial
(RC), and for nonresidential uses in the Residential and Rural Districts: 15 feet within the front
yard setback and situated adjacent to the road shall be landscaped with vegetative material,
except for driveways, walkways and signs. The remainder of the front yard setback may be used
for parking.
(2) Tourist Commercial (TC), Rural General Commercial (RGC) and General Commercial (GC): 10 feet
within the front yard setback and situated adjacent to the road shall be landscaped with
vegetative material, except for driveways, walkways and signs. The remainder of the front yard
setback may be used for parking.
(a) Fifteen feet within the setbacl(fmm PeFtal Way and situated- adjacent te the read- shall
be landscaped with vegetative FnateFial, exc;ept feF dFiveways, walkways and signs. T
';- , � _-_____ Rural Industrial and Manufacturing (RIM), Light Impact Industrial (LII) and Airport
Operations (AO): 15 feet within the front yard setback and situated adjacent to the road shall be
landscaped with vegetative material, except for driveways, walkways and signs. The remainder
14
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
of the front yard setback may be used for parking. When the Light Impact Industrial Zone fronts
a minor or local access street the requirements for the General Manufacturing Zone may be
used.
-1YW _ General Manufacturing (GM): Five feet within the front yard setback and situated
adjacent to the road shall be landscaped with vegetative material, except for driveways,
walkways and signs. The remainder of the front yard setback may be used for parking. Subject to
approval of the county, street trees may be placed in the right-of-way and the five-foot
landscaping strip provided contiguous to the building with the front yard setback used for
circulation of trucks and heavy equipment. In this situation to provide visual relief open space
should be primarily concentrated in the side yards unless natural habitat in the rear such as
wetlands or streams is present which should take precedence.
(6li'O.J._ _.__Heavy Impact Industrial (HII): For heavy industrial uses refer to the buffering
requirements in WCC 20.68.550. For all other uses the front yard landscaping shall be 15 feet,
similar to the requirement for the Light Impact Industrial Zone.
15
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
Chapter 20.80 Supplementary Requirements
7. This is a policy change, though only rectifying an oversight.
Over a decade ago, Whatcom County was challenged before the Growth Management Hearings Board
over the Rural Element of our Comprehensive Plan. In part, the appellants challenged our regulations for
Limited Areas of More Intensive Rural Development (LAMIRDs). One of the results of that challenge was
that the County had to adopt regulations that only allow uses, of a maximum size of the largest of each
existing use, in existence in 1990 when the Growth Management Act (GMA) was first adopted. The
County performed an inventory of uses and building sizes, which became the basis for the table found in
WCC 20.80.100. Though the zone may allow a certain use in other areas of the County similarly zoned, if
the use is not listed in that table for a particular LAMIRD, then it is not allowed in that LAMIRD.
Planning and Development Services recently received an inquiry about a potential permit application in
the Glacier LAMIRD from someone who wishes to build a storage building as part of their proposal. As
no storage buildings were found in the Glacier LAMIRD when constructing the regulations, the table in
WCC 20.80.100 shows no such use, meaning it would not now be allowed. However, after further
research, staff found that there actually is a storage building in the Glacier LAMIRD constructed in 1981
that was not accounted for when setting the regulations. This has occurred a couple of other times in
other LAMIRDs, and the County has been able to update the regulations to account for those uses or
building sizes not previously inventoried.
Thus, staff is proposing to amend the table in WCC 20.80.100, adding storage/warehouse as an allowed
use in Glacier, and setting the maximum floor area to that of the existing storage building (3,584 sq. ft.),
as shown below. If approved, the amendment would allow storage/warehouse uses in the Glacier
LAMIRD where the underlying zoning district allows storage (e.g., the Small Town Commercial zone) up
to the maximum square footage proposed.
20.80.100 LAMIRD requirements.
(1) Building Size in Rural Communities. Within areas designated in the Comprehensive Plan as rural
community, which are limited areas of more intensive development as described in RCW
36.70A.070(5)(d)(i), permitted maximum building sizes shall be in accordance with building sizes
that existed in each area on July 1, 1990, as shown in the following table.
Maximum floor area per building, in square feet
(Maximum combined floor area for all buildings, in square feet)
Retail/Office/Restaurant/
Storage/
Auto/ Equipment
Public/
Manufacturing/
Lodging
Warehouse
Repair
Community
Fabrication
2,734
2,070
17,784
Acme
(2,734)
(2,070)
(21,896)
Axton & Guide
4,800
2,160
Meridian
(4,800)
(2,160)
Birch Bay-
2,784
Lynden & V.V.
(3,684)
16
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
Retail/Office/Restaurant/
Storage/
Auto/ Equipment
Public/
Manufacturing/
Lodging
Warehouse
Repair
Community
Fabrication
Cain Lake
2,060
(2,060)
2,473
(4,825)
Custer
3,968
3,300
46,451
(3,968)
(3,300)
(46,451)
Deming
11,790
2,400
1,392
30,099
(18,757)
(2,400)
(1,392)
(79,512)
513
10,872
Diablo
(513)
(10,872)
Glacier
3,500
3,584
3,150
(7,888)
3( ,5841
(3,150)
Hinotes Corner
6,636
(9,036)
1,500
(1,500)
19,856
(19,856)
Kendall
7,000
3,340
(7,000)
(3,340)
10,700
10,260
21,950
17,670
Laurel
(11,000)
(10,260)
(63,360)
(23,590)
Lummi Peninsula
7,800
(18,540)
7,280
(7,280)
Maple Falls
8,020
4,620
8,822
(8,020)
(4,620)
(10,082)
3,218
4,810
16,284
Newhalem
(3,218)
(12,981)
(28,924)
Nugents Corner
18,221
(19,499)
3,240
(3,240)
Point Roberts
34,704
3,286
6,732
11,246
(34,704)
(3,286)
(6,732)
(11,246)
Pole & Guide
6,400
4,548
4,000
Meridian
(6,400)
(5,556)
(4,000)
1,428
Sandy Point
(1,428)
Smith & Guide
5,866
5,900
9,600
22,042
Meridian
(7,068)
(5,900)
(17,100)
(22,042)
Sudden Valley
6,348
(10,320)
30,140
(44,945)
Van Wyck
3,480
(3,480)
1,904
(1,904)
Wiser Lake
24,690
11,222
2,130
6,368
(24,690)
(12,374)
(2,130)
(6,368)
17
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
8. No policy change.
There remain three references to the Guide Meridian Improvement Plan in the code. However, that plan
was repealed by Ordinance 2016-035 and references to it should be deleted.
Two such deletions (WCC 20.80.210 & 12.08.04) are shown below. The third is shown under Issue #23 as
there are other amendments proposed to that section as well.
20.80.210 Minimum setbacks.
(3) Repealed.
Kellogg Reads, and specifically the Guide MeFidian lrApFevement Plan, shall be subject
te the pFavisiens of said plan.The pmvisiens ef said plan shall supeFsede this chapteF wheFe theFe
TITLE 12 ROADS AND BRIDGES
Chapter 12.08 Construction Standards
12.08.040 Amendment by Ordinance 85-35.
, This chapter shall
not apply to any "forest practice7" as defined in the Forest Practice Act of 1974 (RCW Chapter 76.09),
except to the extent that such regulation is expressly permitted by said act, as now or hereinafter
amended. (See RCW 76.09.240.) These standards shall be superseded by the specific standards of an
official control that has been adopted by Whatcom County, suGh as the Guide A.Uridian lrr,.,.-,,.,,,w ent
9. This is a minor policy change.
In WCC 20.80.630, the Modified Thresholds for Stormwater Management Table indicates that Source
Control is not required. Source control is basically using Best Management Practices (BMPs) to reduce
pollution from non -point sources, e.g., covering garbage, installing gutters and downspouts to disperse
stormwater, managing other pollutants, etc. In reviewing the staff reports and notes from when we
adopted this table, we could not find a reason for not requiring it, other than having copied it from
Skagit County's table, which we used as a template. Staff would like to rectify this by amending the table
as shown below.
Chapter 20.80 Supplementary Requirements
20.80.630 Stormwater and drainage.
(1) Unless exempted in WCC 20.80.631 (Stormwater and Drainage, Exemptions), all development
activity on lands within Whatcom County shall be subject to stormwater management
requirements as follows:
18
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
(a) NPDES Phase II Permit Area. Except in the Lake Whatcom Watershed Overlay District,
development activity inside the NPDES Phase II permit area shall comply with:
(i) The 2012 Washington State Department of Ecology Stormwater Management Manual for
Western Washington (Stormwater Manual), as amended;
(ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II
Municipal Stormwater Permit; and
(iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western
Washington Phase II Municipal Stormwater Permit.
(b) Lake Whatcom Watershed Overlay District. All development activity inside the Lake Whatcom
Watershed Overlay District shall comply with Chapter 20.51 WCC, Lake Whatcom Watershed
Overlay District, which satisfies all 2013 Western Washington Municipal Stormwater Permit
development and redevelopment requirements.
(c) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II
permit area (see subsection (1)(a) of this section), development activity inside stormwater
special districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual, using
the following modified minimum requirements in the table below, and using the Stormwater
Manual's definitions of terms for "stormwater site plan," "impervious surface," "hard surface,"
"land disturbing activity," "project," "site," and "replaced hard surface":
19
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
Within Special Stormwater Districts — Modified Thresholds for Stormwater Management Table
Minimum Requirement (MR)'
When Required
MR1 Stormwater Site Plan
> 500 sq. ft. of new impervious surface, or
Renovation projects where the estimated cost exceeds
50% of the assessed value
MR2 Construction SWPPP
Always required
MR3 Source Control
Not Fequired Per manual
MR4 Preserve Natural Drainage
> 500 sq. ft. of new impervious surface, or
Renovation projects where the estimated cost exceeds
50% of the assessed value
MR5 On -Site Stormwater Management
• Property >_ 2 acres meeting MR1, provide dispersion
• Property < 2 acres meeting MR1 where soils are
suitable for infiltration, provide infiltration
• Property < 2 acres meeting MR1 where soils are not
suitable for infiltration and project does not increase
the 24-hour, 100-year peak flow rate by >_ 0.1cfs;
provide dispersion
MR6 Treatment
Always required
MR7 Flow Control
Property < 2 acres meeting MR1 where project
increases the 24-hour, 100-year peak flow rate by >_ 0.1
cfs; provide detention
MR8 Wetlands Protection
> 500 sq. ft. of new impervious surface, or
Renovation projects where the estimated cost exceeds
50% of the assessed value
MR9 O&M
Required only if stormwater facility installed
Chapter 20.24 Urban Residential Mixed (UR-MX) District
10. No policy change per se, but would make a previous policy change applicable in the UR-MX district.
Similar to those tables for the UR & URM districts a footnote should be added to WCC 20.24.252 where
"conventional minimum lot size" indications "N/A." Otherwise when reviewing Lot of Record/Lot
Consolidation requests, no applicant can meet WCC 20.83.070(2) "One or more of the lots in question
does not meet the conventional minimum lot size of the applicable zone district."
20.24.252 Density and minimum lot size.
Minimum Lot Size
Maximum Lot
Minimum Reserve
District
Gross Density
Size
Area (Cluster
Conventional
Cluster
Clustered Lots
Divisions)
UR-MX: all densities without public
• Maximum density: 1
N/A*
4,000
22,000 sq. ft.
80%
sewer and water
dwelling unit/10 acres
sq. ft.
20
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
Minimum Lot Size
Maximum Lot
Minimum Reserve
District
Gross Density
Size
Area (Cluster
Conventional
Cluster
Clustered Lots
Divisions)
UR-MX: all densities with public sewer
. Maximum density: 1
N/A*
4,000
22,000 sq. ft.
80%
or water
dwelling unit/10 acres
sq. ft.
UR-MX: with public sewer and water,
. Maximum gross
4,000 sq. ft.
N/A
N/A
N/A
and stormwater collection and
density: 10 dwelling
detention facilities
units/1 acre
• Minimum net density:
6 dwelling units/1
acre
UR-MX (6 —10): with public sewer
. Maximum gross
4,000 sq. ft.
N/A
N/A
N/A
and water, and stormwater collection
density: 10 dwelling
and detention facilities
units/1 acre
• Minimum net density:
6 units/1 acre
UR-MX (6 —12): with public sewer
• Maximum gross
N/A
N/A
N/A
N/A
and water, and stormwater collection
density: 12 dwelling
and detention facilities
units/1 acre
• Minimum net density:
6 units/1 acre
UR-MX (10 — 24): with public sewer
. Maximum gross
N/A
N/A
N/A
N/A
and water, and stormwater collection
density: 24 dwelling
and detention facilities
units/1 acre
• Minimum net density:
10 units/1 acre
* For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum
lot size shall be 10 acres
(1) Minimum density shall be calculated as net density, after deducting the areas restricted from development by
critical areas regulations and infrastructure requirements.
(2) For development with densities over a zone's minimum net density, transferable development rights (TDRs)
from the Lake Whatcom watershed sending area must be used, pursuant to the provisions of Chapter 20.89 WCC,
Density Transfer Procedure. Each development right transferred from the Lake Whatcom watershed may be used
to develop three dwelling units in the UGA. TDRs must be used to attain any density greater than the minimum net
density of a zone.
21
Exhibit A: Miscellaneous Code Amendments 2019
11. Policy change.
August 27, 2020
WCC 20.83.110 contains a prohibition on making nonconforming lots more nonconforming through a
Boundary Line Adjustment (BLA). However, this has led to instances of highly irregular lot lines, or the
inability to preclude the need to impact critical areas (e.g., the need to cross a wetland in order to access
the only suitable building site).
While in general making lots more nonconforming should be avoided, there are instances where it
makes sense, provided that no lot becomes smaller than the smallest nonconforming lot, no lot
becomes nonconforming as to lot area and/or width requirements, and no density is gained.
Additionally, in the Ag District, that no lot is reduced below 10 acres (which is what one could achieve
through an ag subdivision).
Please note that this amendment satisfies the intent of Council's docket item PLN2014-00001, which
reads:
"Amend Section 20.83.110 of the Whatcom County Zoning Ordinance relating to boundary line
adjustments. The amendment would allow boundary line adjustments to nonconforming parcels to
resolve encroachments such as fences, trees and other occupational indicators. The amendment would
also allow boundary line adjustments that modify the boundaries between two nonconforming parcels
based upon land owner preferences, as long as the smallest parcel is not decreased in size."
Chapter 20.83 Nonconforming Uses and Parcels
20.83.110 Reduction of area.
4}-The adder: Director shall not cause or increase the nonconformity of lots that are
substandard as to lot area and/or lot width requirements through boundary line adjustments;
provided, however, that:
11)_tThe administFateF Director or Hearing Examiner may approve boundary line adjustments
required to satisfy an unidentified or disputed property line or to identify the same in
accordance with RCW 58.04.007.
(2) Boundary line adjustments wherein lots become more nonconforming as to lot area and/or lot
width requirements may be approved if all the following are met:
(a) No lot becomes smaller than the smallest nonconforming lot;
(b) No conforming lot becomes nonconforming as to lot area and/or width requirements; and,
(c) The boundary line adjustment does not result in an increase in overall density for the
cumulative acreage.
(d) In the Agriculture District no lot is reduced below 10 acres, except for ,
boundary line adjustments ;n the AgFiGultural Zene in conformance with WCC 20.40
(Agriculture District).253 and 20 nn 254 shall b allowed.
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
12. No policy change, just a clarification.
Buildings in LAMRIDS are subject to maximum building sizes and it is unclear whether decks are to be
included, or not, within the allowable floor area. This amendment would exclude decks from the
definition of floor area.
Chapter 20.97: DEFINITIONS
20.97.145 Floor area.
"Floor area" means the area included within the surrounding exterior walls of a building or portion
thereof, exclusive of vent shafts, decks, and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls shall be the usable area under the horizontal projection of the
roof or floor above.
TITLE 21 LAND DIVISION REGULATIONS
13. Not a policy change, just closing a loophole.
WCC 21.01.040(2)(b) allows an exempt subdivision with a minimum lot size of 20 acres, mirroring the
state provision for exempt subdivisions. However, the Agriculture and Commercial Forestry zones have a
minimum lot size of 40 acres. One could argue that this provision, then, would allow someone to create
parcels of 20 acres in these zones, contrary to our minimum lot size for that zone. Staff proposes to fix
this by including the below shown amendment (subsection (2)(b)).
14. Minor policy change.
WCC 20.40.255 requires that all parcels in contiguous ownership be consolidated for the purposes of the
subdivision, short subdivision, or boundary line adjustment (BLA).
20.40.250 Division or modification of parcels.
.255 Consolidation of Adjacent Tracts.
Consolidation of adjacent tracts in the same ownership shall be required in accordance with WCC
20.83.070 in approval of any subdivision, short subdivision, or boundary line adjustment in the
Agricultural District. The County may waive the permit fee for a boundary line adjustment where
adjacent lots of record are not in the same ownership and are consolidated voluntarily for purposes
of the boundary line adjustment.
In general, requiring lot consolidation is a good practice, as it prevents someone from doing multiple
short plats in lieu of a subdivision, which gets them out of installing some infrastructure (roads,
drainage, sewer, etc.) otherwise necessary for the number of lots being created. Yet, in some instances,
primarily in the Ag zone where there are larger lots (40+ acres), someone who has undergone an exempt
land division per WCC 21.01.040(2)(i) (which is one of the few ways allowed under state law to subdivide
without having to comply with the subdivision rules) has to reconsolidate those lots if they want to do a
simple BLA. We think this is not the intent of the exempt subdivision rules. In these cases, staff has
resorted to advising the applicant to transfer their adjacent parcels into different ownership (e.g.,
another family member). Thus, we propose the following amendments to subsection (4), which would
exempt lots created by exempt subdivision from this required consolidation. It would have no effect on
smaller lots, as only 40+acre lots can be created in this fashion.
23
Exhibit A: Miscellaneous Code Amendments 2019
Chapter 21.01 General Provisions
WCC 21.01.040 Applicability and exemptions.
(2) The subdivision and short subdivision provisions of this title shall not apply to:
August 27, 2020
(b) Divisions of land into lots or tracts none of which are smaller than 20 acres or 1/32 of a section
of land or 40 acres or 1/16 of a section of land in the Agriculture or Commercial Forestry
districts, and not containing a dedication; provided, that a certificate of exempt land division is
obtained from Whatcom County in accordance with this title;
(4) The following rules shall govern questions of precise applicability of these regulations to land
divisions:
(a) Contiguous Parcels. All contiguous parcels of land in the same ownership, if consolidated in
accordance with WCC 20.83.070 (Lot Consolidation), shall be included within the boundaries of
any proposed long or short subdivision of any of the properties. For the purpose of this section,
the lots so situated shall be considered as one parcel; provided, that any of the contiguous
parcels that are within a recorded long or short plat that was filed with the county auditor at
least five years prior to the new land division or lots created by exemption pursuant to WCC
Title 21, shall not be required to be included if the lot or lots are in conformance with the
applicable zoning standards.
(b) Pre-1972 Parcels. Parcels of land legally divided prior to the effective date of the ordinance
codified in this title (as originally adopted February 3, 1972) shall be considered in accordance
with land division laws and resolutions applicable at the time of plat recording per RCW
58.17.170 or other division.
15. Minor policy change.
In processing boundary line adjustments, the County needs to ensure that the final lots have sufficient
area to build a house (the most common economic use of property). However, for some reason there is
language that exempts BLAB in the Agriculture zone from this requirement, even though the lots could
be sold to someone wanting to build a home. Staff proposes to strike that language so that one can't
adjust a lot such that it doesn't have enough room to build on.
Chapter 21.03 Exempt Land Divisions and Boundary Line Adjustments
21.03.060 Boundary line adjustments.
(1) Decision Criteria. In reviewing a proposed boundary line adjustment, the subdivision administrator
or hearing examiner shall use the following criteria for approval:
(b) ,
tThe boundary line adjustment shall result in lots which contain sufficient area and dimensions
24
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
to meet minimum requirements for width and area for a building site pursuant to this title,
except as provided in WCC 20.40 (Agricultural District).
Title 22 LAND USE AND DEVELOPMENT UR
16. No policy change, just clarification.
Open record hearings are required both for Type III and IV applications and for appeals of Type I and
Type II applications. While table 22.05.020 indicates this, the text for WCC 22.05.090 does not. Staff
proposes to rectify this and make it clear with the following amendment.
Chapter 22.05 Project Permit Procedures
22.05.090 Open record hearings.
As shown in WCC 22.05.020 (Protect Permit Processing Table), Type III and Type IV applications and
appeals of Type I and Type II applications require an open record public hearing. These hearings are
subject to the following:
In the following sections several concepts are being proposed:
17. No policy change; just moving a chapter from one Title to another and renaming the title.
Staff proposes to move the remainder of Chapter 20.84, which has to do with the processing of
variances, conditional use permits, and administrative approval uses to Title 22 (Land Use and
Development), Chapter 22.05 (Project Permit Procedures), as all processing mechanisms and criteria
should now be in that Title. Chapter 20.84 would then be deleted in its entirety. This change is indicated
by the renumbering of the sections below. Note that this amendment will necessitate staff working with
Code Publishing to correct and update many cross-references made ineffective by this amendment.
18. No policy change; just language cleanup.
We also proposed to amend the table and subsequent sections to replace "Administrator" with
"Director." Throughout the code, various historic titles are used for the chief administrator of Planning
and Development Services (director, administrator, zoning administrator, zoning official, etc.). Staff
proposes to use "Director" throughout, and will continue to make these changes as we progress through
future zoning amendments. In WCC 20.97, "Director" is defined to include his/her designees. While the
Director does not personally issue every permit, they are issued in his/her name.
19. PROPOSED AMENDMENT WITHDRAWN after the Planning Commission hearing and
recommendation.
Staff had proposed, and the Planning Commission concurred, to delete the Type II (administrative)
shoreline conditional use permit from WCC 22.05.020, the Project Permit Processing Table, as we
currently don't have such a permit. However, through the Shoreline Management Program update staff
will be proposing to create such a mechanism, so we would like to leave it for now.
20. Policy change to comply with state statutes.
WCC 20.84.110 grants the Hearing Examiner the authority to grant variances from all provisions of Title
20 (Zoning Code). However, under state law variances can only be granted from dimensional standards,
25
Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
not uses, processes, etc. Thus, staff proposes that the code be more specific as to what variances can be
granted for (i.e., the dimensional standards).
21. No policy change; just cleaning up a bad reference.
WCC 20.84.110 also grants the Hearing Examiner authority to grant variances from all provisions of Title
22, which used to contain the Guide Meridian Improvement Plan but was repealed in 2019 (see Issue
#10, above). Title 22 now contains permit procedures. As variances cannot be granted from processes,
staff proposes deleting the reference to Title 22.
22. Policy change.
The Director also proposes to create a new administrative variance permit type. Planning and
Development Services receives numerous variance requests for minor issues unlikely to have impacts on
surrounding properties or people, in particular minor reductions to front yard setbacks or parking stall
requirements so as to accommodate houses on challenging lots. The proposed amendments to WCC
20.84.100 (which would become 22.05.024 under Amendment # 19) and WCC 22.05.020 would create a
new "minor variance" permit to be processed as a Type II Application. As such, public notice would still
be provided wherein neighbors could comment and raise issues or objections, but there would be no
public hearing: The decision would be made by the Director, not the Hearing Examiner. This would cut
down on the time and costs to applicants for variances for which Planning and Development Services
typically doesn't receive much public involvement.
26
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Exhibit A: Miscellaneous Code Amendments 2019 August 27, 2020
2-0-844A822.05.024 Variances.
(1) Variances from the terms of Title 20 (Zoning) or Chapter 16.16 (Critical Areas Ordinance) may be
authorized in specific cases that will not be contrary to the public interest, and where, due to special
conditions literal enforcement of the provisions of those codes would result in unnecessary
hardship. Generally, variances shall only be considered for dimensional standards, unless otherwise
specified in those codes. Under no circumstances shall a variance be granted that allows a use not
permissible or otherwise prohibited in the zoning district in which the subject property is located.
(2) There are two types of variances: Minor and Major Variances.
(a) Minor variances include those that are unlikely to have impacts on surrounding properties or
people. These shall be limited to variances for:
i. A reduction of up to 10% of a front yard setback
ii. A reduction in parking stall dimensions down to 9 feet by 18 feet.
(b) Major variances include all other variances.
j3�,48The "^^ri~^ exam~^~appropriate decision maker, as specified in 22.05.020 (Project permit
processing table) shall have the authority to grant a -variances
and fWCC=Tifl 22 the •d A4 ff„ ian IrApF^.,emept Phan when, in the opinion„fthe t,^.,r*n9
examineF, the conditions set forth in ` GG 20 °" "^ subsection (4) have been found to exist. In such
cases, a variance may be granted "' "' ~ h;;rpAqny • +" the general r and ;~te.nt of this
OF01iHanee so that the spirit of this Wdinansethe County's land use codes shall be observed, public
safety and welfare secured, and substantial justice done. ; pFevided, that no vaFianee shall be
L4�LA28-13efore any variance may be granted, it shall be shown that the following circumstances are
found to apply:
{44(a) That any variance granted shall not constitute a grant of special privilege, be based upon
reasons of hardship caused by previous actions of the property owner, nor be granted for
pecuniary reasons alone;
44L( Because of special circumstances applicable to the subject property, including size,
shape, topography, location, or surrounding, the strict application of tl4e-Title 20 i�Zoningl or
Chapter 16.16 (Critical Areas Ordinance) E)Fdinanee is found to cause a hardship and deprive the
subject property of a use or improvement otherwise allowed in *"Y„eidenticalits zoninge
districtelassi eaUeR. Aesthetic considerations or design preferences without reference to
restrictions based upon the physical characteristics of the property do not constitute sufficient
hardship under this section;
{3,)(c) The granting of the variance will not be materially detrimental to the public welfare, or
injurious to the property or improvements in the vicinity and zone in which the subject property
is situated.
20 4�'^�^-22.05.026 Conditional 44Use Permits.
(1) Application. Conditional use permit applications shall be processed per the provisions of ChapteF
2- `� this chapter.
31
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
(2) Conditional use permits shall be nontransferable unless said transfer is further approved by the
Hearing Examiner.
20 Qn 220 Gritprka
(3) Approval Criteria. Before approving an application, the Director or Hearing Examiner eF Zening
^Stshall ensure that any specific standards of the w-,e-zonin district defining the use are
fulfilled, and shall find adequate evidence showing that the proposed use at the proposed location:
{4}(a) Will be harmonious and in accordance with the general and specific objectives of
Whatcom County's Comprehensive Plan,a4+d-zoning regulations, and any other applicable
regulations.
94(b) 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.
k34 c) 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 Lq Will not be hazardous or disturbing to existing or future neighboring uses.
k54 e) Will be serviced adequately by necessary public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water, 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)(f) 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.
{74Jg) 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.
{4}(h) Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets.
494 i) Will not result in the destruction, loss or damage of any natural, scenic, or historic
feature of major importance.
(4) Revisions. The Hearing Examiner may administratively approve revisions to conditional use permits;
provided, that the proposed changes are within the scope and intent of the original permit. "Within
the scope and intent of the original permit" shall mean the following:
(a) Lot coverage and height may be increased a maximum of 10 percent from the provisions of the
original permit; provided, that:
.(i)_revisions involving new structures not shown on the original site plan shall require a new
permit; and provided fuFtheF,
ii t-hat-any revisions shall not exceed height, lot coverage,
setback, or any other requirements of the regulations for the area in which the project is
located; and,
32
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
,j' any revisions shall be reviewed
for consistency with the Felevant ehapteFs and pelieies :n the Comprehensive Plan;
94L( Landscaping may be added to a project without necessitating an application for a new
permit; provided, that the landscaping is consistent with conditions (if any) attached to the
original permit and is consistent with the regulations for the area in which the project is located;
44 c) The use authorized pursuant to the original permit is not changed;
{44(d) No additional over -water construction will be involved for shoreline conditional use
permits;
{54 e) No substantial increase in adverse environmental impact will be caused by the project
revision.
22^ 4�&22.05.026 Administrative Approval Uses.
(1) Administrative approval applications shall be processed per the provisions of this Chapter2?85
`^—G.
(2) The Director of Planning and Development Services is authorized to s-44-approve, approve with
conditions, or deny all administrative approval use applications.
Approval Criteria. Decisions for all administrative approval use permits except adult businesses
shall be based upon compliance with:
(a) The criteria established for the proposed use in the appropriate zone district;
(b) The Comprehensive Plan policies governing the associated land use designation;
(c) In rural areas, consideration will be given to the cumulative impacts of permitted uses in relation
to the governing Comprehensive Plan policies and zoning district; and
(d) The criteria ofrequirement of this section .,na Af WC.C. 20.44.220 WCC 22.05.026 (Conditional
Use Permits), subsection (3) (Approval Criteria).
(e) Additionally, Bdecisions for administrative approval use permits for adult businesses shall be
based son the criteria in subsection (54) of this section.
Additional Approval Criteria for Adult Businesses. Prior to granting administrative approval for
g g p p
an adult business, planning and develepment seFvieesthe Director shall find that the proposed use
at the proposed location satisfies or will satisfy all the following criteria:
(a) The adult business will be consistent with WCC 20.66.131_(Light Impact Industrial District,
Administrative Approval Uses).
(b) The adult business shall be closed from 2:00 a.m. to 10:00 a.m. if it contains:
(i) An '`adult eating or drinking establishment" as defined by WCG 20 97 908(2); or
(ii) An "adult theater" as defined by WGG or
(iii) An —`other adult commercial establishment" as defined by VVCG 20 97 008(4 ); or
(iv) One or more viewing booths.
(c) If the adult business includes one or more viewing booths, the interior of the adult business will
incorporate all of the following measures:
(a) Each viewing booth shall have at least a three-foot wide opening where a customer enters
and exits the booth that is without doors, physical barriers, or visual barriers; and
(b) Each viewing booth shall have at least one 100-watt light bulb that is properly working and
turned on when business is open. The light bulb shall not be covered or otherwise shielded
33
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
except with a commercially available lighting fixture. A minimum of one 12-inch by 12-inch
durable metal sign shall be located at the entrance to each viewing booth area stating that
lights shall remain on; and
(c) Aisles or hallways adjacent to viewing booths shall be a minimum of five feet wide; and
(d) There shall be no holes or openings in common walls between viewing booths.
(d) Additionally fGor adult businesses containing one or more viewing booths, a condition of
��te approval shall fegi-r-allow an unannounced inspection by Whatcom County
every six months during business hours by Whateem County to ensure that measures in
subsections (44)(c)(i) through (iv) of this section are being implemented on an ongoing basis.
(5) Revisions. The Director D Aff44^ and development seFviGes may approve revisions to administrative
approval use permits; provided, that the proposed changes are within the scope and intent of the
original permit. "Within the scope and intent of the original permit" shall mean the following:
{� a) Lot coverage and height may be increased a maximum of 10 percent from the provisions
of the original permit; provided, that:
(i) revisions involving new structures not shown on the original site plan shall require a
new permit; and
ii any revisions ^-Utherized- -Und-eff this subseetien shall not exceed
height, lot coverage, setback, or any other requirements of the regulations for the area
in which the project is located; and
ter^,,. ^dc„4+"^r, +"^+ any revisions shall be
reviewed for consistency with the relevant ehapteFs and pelieies in the Comprehensive
Plan;
{ 4Ltl Landscaping may be added to a project without necessitating an application for a new
permit; provided, that the landscaping is consistent with conditions (if any) attached to the
original permit and is consistent with the regulations for the area in which the project is located;
{44(c) The use authorized pursuant to the original permit is not changed;
k=94 d) No additional over -water construction will be involved for shoreline conditional use
permits;
{64 e) No substantial increase in adverse environmental impact will be caused by the project
revision.
34
Exhibit A: Miscellaneous Code Amendments 2019
August 27, 2020
23. No policy change; just a process clarification.
Like with other submittals, staff would like to make it clear that a submittal for a code interpretation has
to be on one of our official forms.
Chapter 22.20: Land Use and Development Code Interpretation Procedures
22.20.020 Request for interpretation prior to project permit application.
A person may request an interpretation of the code prior to submission of a project permit. The person
shall submit a written request on a form provided by the department specifying each provision of the
code for which an interpretation is requested, why an interpretation of each provision is necessary, and
any reasons or material in support of a proposed interpretation. Interpretations of a pending project
permit shall be made through the applicable permitting process as established in WCC Chapter 22.05
`" G (Project Permit Procedures).
24. No policy change; just a process clarification.
Staff would also like to make it clear that Council has adopted a fee for code interpretations.
Chapter 22.25: Land Use and Development Fees
22.25.020 Application fees and other fees.
Fees for project permit applications, legislative amendments, land use and development code
interpretations, and fees #eFother approvals and reviews as set forth in this title shall be as provided in
the Unified Fee Schedule.
25. No policy change; just correcting a previous error.
Last year when we updated (and consolidated) the setback table (WCC 20.80.210) an oversight was
made in regards to setbacks in the Agriculture Zone. The required setback for habitable structures on
small lots was inadvertently changed from 30' to 5'. Though it may be acceptable to have a non -
habitable structure only 5' from an agricultural field, the setback for habitable structures (i.e., homes)
should remain at 30'. Thus, staff proposes to distinguish these in the setback table as shown below.
35
Exhibit A: Miscellaneous Code Amendments 2019
20.80.210 Minimum setbacks.
(b) Setbacks Table.
August 27, 2020
Setback (in feet) from:
Right -of -Way Classification
Other
1-5, State
Urban
Highways,
Zoning District
Urban
Collector
Local
Minor
Principal,
Arterials
Minor
Access
Access
Side
Rear
and Urban
and Rural
Collectors
Streets
Streets
Yard
Yard
Minor
Major
Collectors
Arterials
Resource Lands Setbacks
Agricultural (AG)
• parcels >_ 5 acres
50
50
50
50
50
20
20
• parcels < 5 acres
45
-345
25
2-5
20
5
-5
o Habitable structures
45
35
25
25
20
30
30
o Non -habitable, accessory structures
45
35
25
25
20
5
5
Note: Depending on circumstances, some AG setbacks may differ pursuant to WCC 20.38.060(7) and
20.80.255.
36