HomeMy WebLinkAboutord2021-059Ad Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2021-543
File ID: AB2021-543 Version: 1 Status: Adopted
File Created: 09/14/2021 Entered by:
Department: File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 10/12/2021
Agenda Date: 10/12/2021 Enactment#: ORD 2021-059
Primary Contact Email: maamot@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting Zoning amendments relating to density credits in the UR4 zone in the Birch Bay
UGA, density credits for accessory dwelling units, and modifying the minimum lot size, width, depth and
other requirements in the Urban Residential zone
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance adopting amendments to Whatcom County Title 20 (Zoning) to modify the Density Credits
Chapter, modify the Urban Residential 4 dwellings/acre (UR4) zone in the Birch Bay UGA to allow
increased density if density credits are purchased, modify the minimum lot size, width, depth and other
requirements in the Urban Residential zone, and modify the accessory dwelling unit regulations to allow
larger unit size if density credits are purchased.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action: Sent To:
09/28/2021 Council
INTRODUCED FOR PUBLIC Council
HEARING
Aye:
7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay:
0
Absent:
0
10/12/2021 Council
ADOPTED
Aye:
7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay:
0
Absent:
0
Whatcom County
Page 1 Printed on 1011312021
Agenda Bill Master Report Continued (AB2021-543)
Attachments: Staff Memo, Draft Ordinance with Exhibits, Planning Commission Findings
Whatcom County Page 2 Printed on 1011312021
9-14-2021
PROPOSED BY: Planning & Development Services
INTRODUCTION DATE: 9/28/2021
ORDINANCE NO. 2021-059
ADOPTING AMENDMENTS TO THE
WHATCOM COUNTY ZONING CODE
RELATING TO DENSITY CREDITS AND LOT SIZES
WHEREAS, The Whatcom County Planning Commission held a public hearing
and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered Planning Commission
recommendations;
WHEREAS, The County Council held a public hearing; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. The subject proposal consists of the following amendments to the Official
Whatcom County Zoning Ordinance (Title 20):
a. Amending the Density Credits Chapter;
b. Amending the Urban Residential 4 dwellings/acre (UR4) zone in the Birch
Bay UGA to allow increased density if density credits are purchased;
c. Amending the minimum lot size, width, depth and other requirements in
the Urban Residential zone; and
d. Amending the accessory dwelling unit regulations to allow larger unit size
if density credits are purchased.
2. A Determination of Non -Significance was issued by the SEPA Responsible
Official on May 28, 2021.
3. Notice of the Planning Commission hearing for the subject amendments was
published in the Bellingham Herald on June 25, 2021.
4. Notice of the Planning Commission hearing for the subject amendments was
posted on the County website on June 25, 2021.
Page 1 of 6
Notice of the Planning Commission hearing was sent to the County's e-mail
list on June 25, 2021.
6. The Planning Commission held a public hearing on the subject amendments
on July 8, 2021.
7. In order to approve an amendment to the development regulations, the
County must find that the amendment is consistent with the comprehensive
plan (WCC 22.10.060(2)).
8. The Whatcom County Council adopted Policy 2A-14 in the Comprehensive
Plan in the 2016 update which included convening a multi -stakeholder work
group, including the Cities, to examine a variety of transfer of development
right (TDR) and purchase of development right (PDR) issues.
9. The County Executive appointed the Whatcom County TDR/PDR Multi -
Stakeholder Work Group in February 2017.
10. The Whatcom County TDR/PDR Multi -Stakeholder Work Group Final Report
was issued on October 3, 2018. This report included a number of
recommendations, including expanding the density credit program to the UR4
zone in Birch Bay Urban Growth Area and accessory dwelling units.
Urban Growth
11. The Growth Management Act states "Each county ... shall designate an
urban growth area or areas within which urban growth shall be encouraged
and outside of which growth can occur only if it is not urban in nature..."
(RCW 36.70A.110(1)).
12. The Growth Management Act states "A comprehensive plan should provide
for innovative land use management techniques, including, but not limited
to, density bonuses, cluster housing, planned unit developments, and the
transfer of development rights" (RCW 36.70A.090). The Whatcom County
Comprehensive Plan has recently been amended to include density credit
language.
13. Density credits allow development incentives, such as increased density or
more floor area, in exchange for a voluntary contribution towards preserving
resource lands and open space. This is accomplished through a voluntary
payment of funds to the County for use in the Whatcom County Conservation
Easement Program (WCC 3.25A), which was formerly known as the Purchase
of Development Rights Program, in order to access incentives specifically set
forth in the zoning code.
14. The Whatcom County TDR/PDR Multi -Stakeholder Work Group Final Report
(October 3, 2018) indicated:
Page 2 of 6
... In November 2017, the County Council adopted a density credit
program for the Resort Commercial zone in the Birch Bay UGA and
should consider expanding this program to other areas in the UGA.
Specifically, the lower density Urban Residential four dwellings/acre
. zones in the Birch Bay UGA should be considered for increased
density through the proposed density credit program... (p. 33).
15. The subject amendments include density bonus provisions in the UR4 zone
within the Birch Bay urban growth area (UGA) if density credits are
purchased.
16. The subject amendments also modify the minimum lot size, width, depth and
other requirements in the Urban Residential zone
17. Whatcom County Comprehensive Plan policies relating to urban growth
include:
Policy 2A-1: Concentrate urban levels of development within designated
urban growth areas.
Policy 3C-6: In UGAs, consider easing lot consolidation criteria, increasing
density, and decreasing minimum lot sizes, in the interest of
serving housing affordability.
Policy 3G-4: Allow development of smaller lots and creative options.
18. The State Department of Commerce Housing Memorandum: Issues Affecting
Housing Availability and Affordability (June 2019) identifies 'Reasonable
Measures as Tools for Increasing Housing Availability and Affordability"
including:
Allow or require small lots (5,000 square feet or less) for single-family
neighborhoods within UGAs. Small lots limit sprawl, contribute to the
more efficient use of land, and promote densities that can support
transit. Small lots also provide expanded housing ownership
opportunities to broader income ranges and provide additional variety
to available housing types (p. 116).
19. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan by concentrating urban levels of growth in UGAs,
allowing increased density, allowing smaller lots, and providing creative
options for developers in a UGA.
Accessory Dwelling Units (ADU)
20. Accessory dwelling units are allowed in a number of zoning districts, both
within UGAs and outside UGAs.
Page 3 of 6
21. The Whatcom County TDR/PDR Multi -Stakeholder Work Group Final Report
(October 3, 2018) recommended accessory dwelling unit incentives if density
credits are acquired. Specifically, the Final Report stated:
... Accessory dwelling units are currently limited to 1,248 square
feet... The TDR/PDR Work Group recommends increasing the size
limit by 500 square feet to a maximum of 1,748 square feet if density
credits are purchased. It is recommended that the price should be
$8/square foot up to the 500 square foot maximum. The Work Group
recommends that this rural incentive should be available anywhere
that accessory dwelling units are allowed in the County... (p. 34).
22. Whatcom County Comprehensive Plan goals and policies relating to
development in rural and agricultural areas include:
Goal 2DD: Retain the character and lifestyle of rural Whatcom County.
Goal 8A: Conserve and enhance Whatcom County's agricultural land base
for the continued production of food and fiber.
Policy 8A-2: Maintain a working agricultural land base sufficient to support a
viable local agricultural industry by considering the impacts to
farmers and agricultural lands as part of the legislative decision
making process. Measures that can be taken to support working
farms and maintain the agricultural land base should include:
... A density credit program where development incentives
are offered in cities and/or UGAs if density credits are
purchased by the developer. Funds from the density credit
program would supplement the existing Conservation
Easement Program funding .. .
23. The Whatcom County Comprehensive Plan seeks to retain rural character and
conserve agricultural lands. These goals and policies are primarily
implemented through the Whatcom County Zoning Code, which restricts the
uses and densities allowed in rural and agricultural areas. However, the
County also adopted the Whatcom County Conservation Easement Program
(WCC 3.25A). The purpose of this program is:
To establish a voluntary agricultural, forestry, and ecological
conservation easement program for Whatcom County which will enhance
the protection of the county's farmland, forestland, and important
ecosystem areas, enhance the long-term viability of the agricultural and
forestry enterprises within the county and provide public benefit by
retaining properties in permanent resource use, in addition to the
protection of ecosystem functions and values (WCC 3.25A.020).
Page 4 of 6
24. The rural zones already allow accessory dwelling units and the subject
amendments allow increased size of these units. However, the subject
amendments compensate for this increased size by requiring a contribution
to the Whatcom County Conservation Easement Program.
25. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan by providing developer incentives to voluntarily
contribute funds that would be utilized in the Whatcom County Conservation
Easement Program, thereby preserving rural character and agricultural lands.
Incentives
26. Whatcom County Comprehensive Plan policies relating to incentives include:
Policy 2F-3: Revise regulations to include incentive programs.
Policy 2F-4: Review and adopt, where appropriate, incentive programs such
as density bonuses in urban growth areas in association with the
density credit program, Conservation Easement Program,
transfer of development rights, and tax deferrals.
Policy 2UU-4: Support the retention of open space and open space corridors
through the use of education and incentives, such as
Conservation Easement Program, density bonuses within UGAs
in association with the density credit program, cluster
development, and acquisition of easements.
Policy 2UU-5: Augment land use regulations by engaging in a proactive
program of public investment, landowner incentives, and other
actions aimed at preserving open space.
27. The subject amendments provide density bonus provisions, which are
entirely optional. A land owner may choose to develop property as currently
allowed by the zoning code. Alternatively, a land owner may choose to
utilize the density bonus provisions by purchasing density credits.
28. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan by providing a voluntary incentive that would
allow increased density in the Birch Bay UGA and flexibility in the accessory
dwelling unit provisions while contributing to preservation of rural and
agricultural lands.
CONCLUSION
The subject zoning amendments are consistent with the Whatcom County
Comprehensive Plan.
Page 5 of 6
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Density Credits Chapter (WCC 20.91) are hereby
adopted as shown on Exhibit A.
Section 2. Amendments to the Urban Residential District Chapter (WCC 20.20)
are hereby adopted as shown on Exhibit B.
Section 3. Amendments to the accessory dwelling unit regulations (WCC 20) are
hereby adopted as shown on Exhibit C.
Section 4. Adjudication of invalidity of any of the sections, clauses, or
provisions of this ordinance shall not affect or impair the validity of the
ordinance as a whole or any part thereof other than the part so declared to be
invalid.
ADOPTED this 12th day of October , 2021.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
AST r
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bi
C)
Dana , Council Clerk
8 i , a� d
APPROVED; as t1o;fbrm:
/s/ Royce Buckingham
Civil Deputy Prosecutor
Bar uchanan, Chairperson
Approved ( ) Denied
Satpal Si hu, Executive
Date: 1 5 1ZI
Page 6 of 6
Adopted October 12, 2021
Exhibit A
Whatcom County Zoning Code Amendments
Amend the Density Credits Chapter (WCC 20.91) as follows:
Chapter 20.91
DENSITY CREDITS
Sections:
20.91.010 Purpose.
20.91.020 Developer incentives.
20.91.030 Density credit price and timing.
20.91.010 Purpose.
The overall purposes of this chapter are to incentivize increased land use intensity in urban growth
areas, allow greater flexibility for accessory dwelling units, and decrease residential density in
agricultural, forestry, and rural areas by authorizing density credits. Density credits allow increased
density or flexibility in zoning regulations in exchange for a voluntary contribution towards preserving
agricultural lands and open space. This is accomplished through a voluntary payment of funds to
Whatcom County for use in the Whatcom County Conservation Easement Program (Chapter 3.25A WCC)
in order to allow a higher density or greater flexibility as specifically set forth in the Whatcom County
Zoning Code. (Ord. 2017-062 § 3 Exh. C).
20.91.020 Developer incentives.
Density credits may be used to gain the following benefits:
(1) Resort Commercial Zone in the Birch Bay Urban Growth Area. Each density credit purchased
allows one additional single-family residential dwelling in the Resort Commercial zone up to the
limit on total dwelling units set by WCC 20.85.108.
(2) Urban Residential Zone in the Birch Bay Urban Growth Area. Each density credit purchased
allows one additional dwelling in the UR4 zone up to the maximum gross density limit on total
dwelling units set by WCC 20.20.252.
1
Adopted October 12, 2021
(3) Accessory Dwelling Units. Each density credit purchased allows increased accessory dwelling
unit size as set forth in the accessory dwelling unit regulations of the applicable zoning district.
(Ord. 2017-062 § 3 Exh. Q.
20.91.030 Density credit price and timing.
The price per density credit is set by the county council in the Unified Fee Schedule.
(1) Planned Unit Developments. If a developer using density credits is granted initial PUD approval
pursuant to WCC 22.05.120, the required number of density credits shall be purchased from
Whatcom County prior to final PUD approval under WCC 20.85.365.
(2) Subdivisions. If a developer using density credits is granted preliminary long subdivision
approval pursuant to WCC 21.05, the required number of density credits shall be purchased
from Whatcom County prior to final long subdivision approval under WCC 21.06.
(3) Short Subdivisions. If a developer using density credits is granted preliminary short subdivision
approval pursuant to WCC 21.04.034, the required number of density credits shall be purchased
from Whatcom County prior to final short subdivision approval under WCC 21.04.035.
(4) Accessory Dwelling Units. The required density credits for increasing the size of an accessory
dwelling unit shall be purchased from Whatcom County prior to issuance of the building permit.
(Ord. 2017-062 § 3 Exh. C).
2
Adopted October 12, 2021
Exhibit B
Whatcom County Zoning Code Amendments
Urban Reshlent-ial OUR) Dist-11CII
Amend the Urban Residential District text (WCC20.20) as follows:
20.20.050 Permitted Uses
.052 Single-family attached dwellings; provided, that public sewer, water and stormwater management
facilities serve the site, not more than four units are attached, and the number of dwelling units
conforms to the density requirements of the district.
20.20.251 Minimum lot size.
For the purpose of creating new building lots within the Urban Residential District, several land use
densities are herein provided. The minimum lot size requirements for new construction vary according
to the method of subdivision, as well as whether or not public sewer, water, and, where required by
regulation, stormwater management facilities serve the project site. Where the lot cluster land division
method is used, the minimum lot size is based on consideration of the zoning district's setback
requirements and the Whatcom County health code regulations for sewage systems and drinking water,
but shall not be less than that shown below. Where a maximum lot size is imposed, clustered lots shall
be as small as allowed by the health department. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2007-048 § 2
Exh. B, 2007).
20.20.252 Maximum density, minimum lot size and maximum lot size.
Maximum
Minimum Lot Size
Lot Size
Min. Reserve
Conventional
Cluster
Cluster
Area (Cluster
District
Maximum Gross Density
Lots
Subdivisions)
UR: all densities without public
Maximum gross density:
N/A*
8,000 sq. ft.
22,000
80%
sewer and water
1 dwelling unit/10 acres
sq. ft.
UR: in Lake Whatcom Watershed
Maximum density: 1
5 acres
N/A
N/A
N/A
with public sewer and water, and
dwelling unit/5 acres
stormwater management
facilities
1
Adopted October 12, 2021
Maximum
Minimum Lot Size
Lot Size
Min. Reserve
Area (Cluster
Conventional
Cluster
Cluster
District
Maximum Gross Density
Lots
Subdivisions)
UR-3: with public sewer and
Maximum gross density:
12,000 sq. ft.
8,000 sq. ft.
N/A
25%
water, and stormwater
3 dwelling units/1 acre
management facilities
UR-4: with public sewer and
Maximum gross density:
5,000 sq. ft.
4,000 sq. ft.
N/A
20%
water, and stormwater
4 dwelling units/1 acre
management facilities
Minimum net density: 4
dwelling units/1 acre**
UR4: in the Birch Bay Urban
Maximum gross density:
4,500 sq. ft.
3,500 sq. ft.
N/A
20%
Growth Area with public sewer
5 dwelling units/1 acre
and water, and stormwater
management facilities, when
density credits are purchased
Minimum net density: 5
pursuant to WCC 20.91.020(2)
dwelling units/1 acre**
UR-6: with public sewer and
Maximum gross density:
4,000 sq. ft.
3,000 sq. ft.
N/A
20%
water, and stormwater
6 dwelling units/1 acre
management facilities
Minimum net density: 6
dwelling units/1 acre**
* For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the
conventional minimum lot size shall be 10 acres.
** Minimum density shall be calculated as net density, after deducting the areas restricted from
development by critical area regulations and infrastructure requirements. (Ord. 2016-011 § 1 (Exh. Q),
2016; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2009-024 § 1 (Exh. A),
2009; Ord. 2008-036 Exh. A, 2008; Ord. 2007-050 § 1 Exh. A, 2007; Ord. 2007-048 § 2 Exh. B, 2007).
Adopted October 12, 2021
20.20.255 Minimum lot width and depth.
District
Width at Street Line
Width at
Bldg. Line
Minimum
Mean
Depth
Conventional
Cluster
UR: all districts without public sewer and water
300'
70'*
80'
100'
UR: with public sewer and water, and stormwater
management facilities:
3 units per acre
30'
30'
70'
80'
4 units per acre
30'
30'
60'
70'
5 units per acre (with purchase of density credits)
25'
25'
40'
60'
6 units per acre
25'
25'
40'
50'
*30' on a cul-de-sac only
(Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2007-048 § 2 Exh. B, 2007; Ord.
98-083 Exh. A § 13, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984; Ord. 82-58, 1982.
Formerly 20.20.253).
20.20.305 Lot clustering.
(1) The purpose of lot clustering is to provide an alternative method of creating economical building lots
with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy
efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible
future development.
(2) The clustering option is also intended to help preserve open space and the character of areas and
reduce total impervious surface area thereby reducing runoff while assuring continued viable
undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of
wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail
and recreation areas.
(3) Lot clustering is required for residential land divisions when public water and sewer are not available.
(Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005; Ord. 90-45, 1990).
3
Adopted October 12, 2021
20.20.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the following design
standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
valuable or unique natural features, as well as physical constraints of the site.
(3) Where public water and sewer are not available, all clustered building lots shall be grouped together
in a single cluster. In all other cases, where practical, the majority of building sites should be arranged in
a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient
conversion of the reserve tract to other uses in the future, and have no more than two common
encroachments on existing county roads. The arrangement of clustered building lots is intended to
discourage development forms commonly known as linear, straight-line or highway strip patterns.
(4) Common access to clustered building lots should be provided by short length roads or loop roads. In
addition, interior streets shall be designed to allow access to the reserve tract for the purpose of future
approved development. (Ord. 2007-048 § 2 Exh. B, 2007; Ord. 90-45, 1990; Ord. 87-12, 1987; Ord. 87-
11, 1987).
4
Adopted October 12, 2021
Exhibit C
Whatcom County Zoning Code Amendments
Amend the UR District (WCC 20.20) as follows:
20.20.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following approval requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless
those lots have been specifically marked for such use through the long plat process;
Adopted October 12, 2021
(b) All lots within short plats which received approval after January 25, 1994, unless those lots
have been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately
from the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed
within the Lake Whatcom watershed, only under the following circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or detached
accessory dwelling shall conform to the density of the zoning district in which it is located.
Adjacent properties in the same ownership may be bound by covenant to comply with the
underlying zoning density; and
(b) All of the above approval requirements shall be met for so long as the accessory unit
remains;
(11) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
Adopted October 12, 2021
r yF"eumx A " 9 ;rsg IFF.hetlny ( iP"?,I District ....
Amend the URM District (WCC 20.22) as follows:
20.22.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following approval requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
Adopted October 12, 2021
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately from
the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(11) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
eibt��L•aEe�k2 ktP� �a so-w,:J'T;J �dF.-`�9?�Ri�
Amend the UR-MX District (WCC 20.24) as follows:
20.24.130 Administrative approval uses.
.133 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following approval requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
Adopted October 12, 2021
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be sold separately from the original
dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed
within the Lake Whatcom watershed, only under the following circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or detached
accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent
properties in the same ownership may be bound by covenant to comply with the underlying zoning
density; and
(b) All of the above approval requirements shall be met for so long as the accessory unit remains;
(11) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
Adopted October 12, 2021
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
Residential Rured CRR) District
Amend the RR District (WCC 20.32) os follows:
20.32.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following approval requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
Adopted October 12, 2021
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately from
the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be on a
lot of record no less than 4.5 acres, unless the parcel is large enough to accommodate two dwelling
units consistent with the underlying zoning density;
(11) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed
within the Lake Whatcom watershed, only under the following circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or detached
accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent
properties in the same ownership may be bound by covenant to comply with the underlying zoning
density; and
(b) All of the above approval requirements shall be met for so long as the accessory unit remains;
(12) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
Adopted October 12, 2021
Amend the RR-1 District (WCC 20.34) as follows:
20.34.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
Adopted October 12, 2021
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately from
the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) The minimum lot size for detached accessory units shall be on a lot of record no less than 4.5 acres,
unless the parcel is large enough to accommodate two dwelling units consistent with the underlying
zoning density;
(11) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed
on Lummi Island, only under the following circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or detached
accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent
properties in the same ownership may be bound by covenant to comply with the underlying zoning
density; and
(b) All of the above approval requirements shall be met for so long as the accessory unit remains;
(12) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
Amend the R District (WCC 20.36) as follows:
20.36.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
Adopted October 12, 2021
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately from
the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be on a
lot of record no less than 4.5 acres, unless the parcel is large enough to accommodate two dwelling
units consistent with the underlying zoning density;
10
Adopted October 12, 2021
(11) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed
within the Lake Whatcom watershed, only under the following circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or detached
accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent
properties in the same ownership may be bound by covenant to comply with the underlying zoning
density; and
(b) All of the above approval requirements shall be met for so long as the accessory unit remains;
(12) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
Amend the TZ District (WCC 20.37) as follows:
20.37.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
11
Adopted October 12, 2021
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of shall an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately from
the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) The minimum lot size for detached accessory units shall be on a lot of record no less than 4.5 acres,
unless the parcel is large enough to accommodate two dwelling units consistent with the underlying
zoning density;
(11) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC).
12
Adopted October 12, 2021
17"all d n, (" , y „m �. -c Vis- . �°i _
.�2..�°� �_ Ica F
Amend the STC District (WCC 20.61) as follows:
20.61.150 Administrative approval uses.
.153 Residential type uses.
(1) Accessory apartments or detached accessory dwelling units to single-family dwellings; provided, that
all of the following requirements are met:
(a) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(b) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(c) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(d) There sha►I be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(e) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(f) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
(g) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(i) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those lots
have been specifically marked for such use through the long plat process;
(ii) All lots within short plats which received approval after January 25, 1994, unless those lots have been
specifically marked for such use through the short plat process;
(iii) All reserve tracts within long plats and short plats created by the cluster subdivision method;
13
Adopted October 12, 2021
(h) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(i) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(i) Detached accessory dwelling units and associated land cannot be sold separately from the original
dwelling, except in the event the zoning permits such a land division; and
(ii) One of the dwellings must be the primary domicile of the owner. (Ord. 2016-043 § 1 Exh. A, 2016;
Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2010-016 § 1 (Exh. A), 2010; Ord.
99-012 § 1(2), 1999).
Amend the RC District (WCC 20.64) as follows:
20.64.130 Administrative approval uses.
.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided,
that all of the following requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory
dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that
lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and
stormwater runoff for the additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for houses
with accessory apartments and only one additional entrance visible from the front yard for detached
accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing
residence;
(6) The maximum size of an accessory apartment or detached dwelling unit shall not exceed 1,248
square feet in floor area, except when the density credit program is utilized the size may be increased to
a maximum of 1,748 square feet;
14
Adopted October 12, 2021
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically
designating lots allowed to be developed with accessory apartments or detached accessory dwelling
units at the option of the developer for future individual owners. Accessory apartments and detached
accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those
lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have
been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the
greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance,
stating:
(a) Detached accessory dwelling units and associated land cannot be sold separately from the original
dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be on a
lot of record no less than 4.5 acres, unless the parcel is large enough to accommodate two dwelling
units consistent with the underlying zoning density;
(11) Detached accessory dwelling units shall be located so as to minimize visual impact to the public
right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is
preferred. Location closer to property lines than to the primary residence may be considered by the
administrator when such location serves the goal of reducing overall visual impact to public right-of-way
and adjacent properties, and such location still meets the setback requirements as stated in Chapter
20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide
fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and
compliance with Washington Administrative Code (WAC). (Ord. 2016-043 § 1 Exh. A, 2016; Ord. 2012-
032 § 2 Exh. B, 2012; Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 2006-061 § 1 (Att. A)(7), 2006; Ord. 98-018
§ 1, 1998; Ord. 95-031, 1995; Ord. 87-12, 1987; Ord. 87-11, 1987).
15