HomeMy WebLinkAboutord2022-012strike• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2022-082
File ID: AB2022-082 Version: 1 Status: Adopted
File Created: 01/27/2022 Entered by: CStrong@co.whatcom.wa.us
Department: Planning and File Type: Ordinance Requiring a Public Hearing
Development Services
Department
Assigned to: Council Final Action: 02/22/2022
Agenda Date: 02/22/2022 Enactment #: ORD 2022-012
Primary Contact Email: Click here to enter text.
TITLE FOR AGENDA ITEM:
Ordinance adopting various minor amendments to Whatcom County Code Titles 20 (Zoning), 21
(Land Division Regulations) and 22 (Land Use and Development)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Planning and Development Services annually proposes a series of code amendments to improve unclear
wording or procedures, or to correct errors or outdated text. This year's 8 proposed code
amendments include such items and one proposed policy change.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
02/08/2022 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
02/22/2022 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 212312022
Agenda Bill Master Report Continued (AB2022-082)
Attachments: Substitute Ordinance, Substitute Exhibit A, Substitute Staff Report
Whatcom County Page 2 Printed on 212312022
PROPOSED BY: Planning
INTRODUCTION DATE: 2/8/22
ORDINANCE NO. 2022-012
ADOPTING VARIOUS MINOR AMENDMENTS TO WHATCOM COUNTY CODE TITLES 20 (ZONING), 21
(LAND DIVISION REGULATIONS) AND 22 (LAND USE AND DEVELOPMENT)
WHEREAS, The Council's 2021 docket includes item PLN2021-00006, "Review and revise the
Whatcom County Zoning Code and other sections of the County Code to implement Comprehensive Plan
policies and/or address issues identified in the administration of the codes. Revisions needed to achieve
consistency with the Growth Management Act may also be considered."
WHEREAS, Whatcom County Planning and Development Services has proposed amendments to
Whatcom County Code Titles 20 and 22 to fulfill this directive; 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 submitted an application to make various
amendments to the Whatcom County Code (WCC) to make corrections, updates, and clarifications.
2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on December 17, 2021.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on December 10, 2021, for their 60-day review. No comments were received.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on
January 13, 2021.
5. The County Council held a duly noticed public hearing on the proposed amendments on
, 2022.
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 amendments to WCC 20.04.035 only
cleans up outdated references to certain County departments and divisions.
8. In reference to Exhibit A, Amendment No. 2: The proposed amendments to WCC 20.38.060 only fix
grammar.
9. In reference to Exhibit A, Amendment No. 3: Unlike in other districts the existing lot coverage
section of the Rural Forestry district contains both lot coverage rules and forestland retention rules.
The proposed amendments to WCC 20.42.450 and addition of 20.42.455 would split these concepts
into separate sections. Additionally, the current forestland protection regulation allows the 20%
limit to be exceeded through a Conditional Use Permit (CUP), which worked fine in the past for the
forestry industry when it was more prominent. However as the forestry industry subsides more and
more houses are being built in this district, and builders are using the CUP process to clearmore
Page 1 of 3
forest so as to obtain hilltop views, contrary to the intent of this district. Changing the process for
exceeding the 20% clearing limit would require that such applicants show a hardship for doing so
(which in some instances may be warranted), which is not a CUP criteria. The remaining members
of Council's Forestry Advisory Committee were consulted and have endorsed these amendments.
10. In reference to Exhibit A, Amendment No. 4: The amendments to WCC 20.22.662, 20.24.652,
20.32.652, 20.34.652, 20.36.652, 20.37.651, 20.40.662, 20.42.652, and 20.43.662 would make the
mineral lands disclosure requirement of 500 (rather than 300) feet consistent with WCC
14.06.030(B) (Mineral Resource Land — Disclosure), a change Council made in 2003 (ORD2003-061).
Though Council updated that section, the revised distance was not carried through to the language
in the individual districts, creating an inconsistency. These amendments would rectifythat.
11. In reference to Exhibit A, Amendment No. 5: The amendment to WCC 20.36.156, 20.40.165,
20.42.157, 20.51.101, 20.59.201, 20.61.051, 20.62.155, 20.66.082, 20.71.221, 20.72.154, and
20.72.204, and the addition of 20.97.004 would standardize the language used for kennels and
accessory kennels, as suggested by the Whatcom County Hearing Examiner.
12. In reference to Exhibit A, Amendment No. 6: In 2009 via Ord. 2009-034, the Council amended the
definitions of and standards for the various types of childcare centers the County allows, and
adopted new definitions. However, the previous (then existing) definitions were not deleted.
Additionally, Ord. 2009-034 designated family day care homes as an accessory use (in the 9 zones
where they were allowed), but failed to remove them as permitted uses, so now they're listed as
both in 5 of those zones. The amendments would delete family day care homes as a permitted in
those 5 zones, leaving them as an accessory use. Doing this will not change in what districts family
day care homes are allowed as an accessory use, as they would still be listed as such in the UR, URM,
UR-MX, RR -I, R, TZ, AG, NC, and RGC districts. The deletion of WCC 20.20.059, 20.22.057, 20.24.057,
20.37.056, 20.40.057, and 20.97.052.1 would clean up these inconsistencies.
13. In reference to Exhibit A, Amendment No. 7: The amendments to WCC 20.40.254 clarify which
general standards apply only to agricultural short plats vs. agricultural boundary line adjustments.
14. In reference to Exhibit A, Amendment No. 8: The amendment to WCC 22.05.100(3) clarifies the
timeline for applicants to respond to a Notice of Additional Requirements.
15. In reference to Exhibit A, Amendment No. 9: The amendments to WCC 20.51.080, 20.59.050,
20.60.050, 20.61.050, and 20.71.200 only substitutes the word "marijuana" with "cannabis" to
reflect changes the Council made to the County's marijuana regulations on 2/8/22.
CONCLUSIONS
1. The amendments to the development regulations are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
Page 2 of 3
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 22nd day of February 2022.
WHATCO,J. NTXI [Ij
WHATCOM COW�TyIN TuON r
ATTESfi
r U
Dana Br6Wn-Davis, �dGnal Clerk
APPROVED as to form:
Is/Royce Buckingham (approved via e-moil)/A
Civil Deputy Prosecutor
Date: 2/8/22
i
�f a
Tod 1 Donovan, Council Chair
X) Approved
ao__u4t stdk..'
Satpal Sidhu, unty Executive
Z��✓122-
Page 3 of 3
( ) Denied
.,gib%,+ A - SiC�Y-e-
Exhibit A: Proposed Miscellaneous Code
Amendments 2021
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1) Clean-up of Department & Division Names
This is just clean-up of department and division names.
Chapter 20.04 General Provisions
20.04.035 Administrative responsibilities.
Theo d-use-4+A&ie44�-The Department of -P lanning and 4Development &Services c ak-r4 t-is
responsible for the administration of this tTitle-4#+e-Ekviso43 -Land shall act as a coordinating agent to
ensure that the regulatory process is expeditious. In so doing, the Department a+d-shall recognize input
provided by other departments and divisions having appropriate expertise, including--tl-tc-Public Works'
divvsa.o�Engineering Services division for , road, drainage, and land alteration; the (Fire
mMarshal for fire -related issues; the Whatcom County 41-lealth dDepartment for domestic water, waste
disposal, solid waste, and noise; and the Department's Pialanning dDivision for land use and general site
design. All County departments and divisions el shall cooperate fully w#44h_�
use -dais e*--in the exercise of their duties relative to land use controls and regulations.
2) Habitable v. Inhabitable
This is just a grammatical change. Though "habitable" and "inhabitable" mean the same thing,
"habitable" is used more commonly in the code and permitting staff are more used to it. Therefore staff
would like to exchange the terms in the below section.
Chapter 20.38 Agriculture Protection Overlay
20.38.060 Development and use standards.
Subdivisions or segregations for nonagricultural uses shall be clustered. Development on all parcels
subject to this section shall follow the requirements below:
(7) Any+nhabitable structure within the cluster subdivision shall be set back a minimum of 100 feet, and
any accessory or other nonjRhabitable structures shall be set back at least 30 feet7 from the
property line of any parcel that is an APO reserve tract or designated or taxed for agricultural
purposes; and
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
3) Rural Forestry Lot Coverage (1 POLICY CHANGE)
The purpose of the Rural Forestry district is:
The primary purpose of this district is to implement the forestry designation of the Whatcom County
Comprehensive Plan, established pursuant toRCW 36.70A.170, by providing the opportunity for
non .industrial landowners to manage their land for long-term productivity and sustained use of forest
resources. In addition, the district encourages the management of land for wildlife, aesthetics, and
other non -commodity values. It also provides for uses that are compatible with these activities, while'
maintaining water quality and soil productivity. Lummi Island Scenic Estates shall be administered
under the RR-1 zone district regulations. A secondary purpose of this district is to serve as a holding
district within the urban growth area Comprehensive Plan designations to allow forestry uses in the
near term while protecting the area from suburban sprawl and preserving the potential for future
urban development. [WCC 2042.010, emphasis added]
When calculating lot coverage only areas of roofed structures are included (as shown in the following
definition) in all zones except the Rural Forestry district.
20.97.217 Lot coverage.
"Lot coverage" means the percent of a lot or parcel which is, or will be, covered by all structures
located thereon. Coverage is determined by measuring areas covered by a weather tight roof. For
properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged
lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of
the ordinary high water mark shall not be used to compute lot coverage.
In Rural Forestry, §20.42.450 indicates that we're to include in the calculation everything that is not in
forest product production. This would include roads and other open areas not containing roofed
structures; basically anything (but critical areas) not containing forest. Unfortunately the language of
§20.42.450 addresses two issues: primarily maintaining forest land but a little about lot coverage.
Staff proposes to break this section into two: One actually addressing lot coverage as it's addressed in
other districts (i.e., how much land can be covered in structures), and the other addressing forest land
protection (which is what the existing language is primarily about). The proposed lot coverage language
is taken from that of the Rural district. The proposed forestland retention language (§20.42.455) comes
from the existing "lot coverage" language. This part of the amendment is not a policy change.
However, one policy amendment staff is proposing is to require a variance, rather than a conditional use
permit. The current forestland protection regulation allows the 20% limit to be exceeded (up to 35%)
through a Conditional Use Permit (CUP), which worked fine in the past for the forestry industry when it
was more prominent. However as the forestry industry subsides more and more houses are being built
in this district, and builders are using the CUP process to clear more forest so as to obtain hilltop views.
This is contrary to the intent of this district, which is for "for nonindustrial landowners to manage their
land for long-term productivity and sustained use of forest resources" (§20.42.010). Changing the
process for exceeding the 20% clearing limit would require that such applicants show a hardship for
doing so (which in some instances may be warranted), which is not a CUP criteria.
Additionally, staff recommends that we get rid of WCC 20.40.900, which contains CUP criteria specific to
this zone. The criteria for other CUPS are found in WCC 22.05.026 and are almost identical, with the
exception of a few that are already covered by other sections of the code (e.g., stormwater, critical
areas, etc.). We find it odd to have different CUP criteria for different zones and believe this is a
holdover from days past.
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Chapter 20.42 Rural Forestry (RF) District
20.42.450 Lot coverage.
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and re i-A
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ereent ef the let. No structure or combination of structures, exc�p for fo(est, production structures,,
shall occupy or cover more._than.5 000 squaw-e feet or 20% _whichever is greater of the total lot area, not
to exceed 25,000 square feet.
20.42.455 Forestland Retention.
No more than 20% of a lot's area shall be permanentiv altered or removed from the production of forest
roducts unless authorized b a variance WCC 22.05.024 or as a Planned Unit Develo ment WCC
Chapter 20.85) in which case no more than 35% of the lot's area shall be permanently_ altered or
removed from the production of forest products.
20.42.150 Conditional uses.
The conditional uses listed herein shall be administered pursuant to the applicable provisions of
Chapters 20.80 WCC (Supplementary Requirements), arid-C-#aa-pte�-22.05 WCC (Project Permit
Procedures), 16.08 the �T, Co �(SEPAJ-Qrr�, and Titles 21 (Land Division Regulations)rt e
and 23 Shoreline Management
Programj. laeable eetd4t4adaaL use peg s e#��F 29:42 s388
and will net be su-,
Editor's Note: The list of conditional uses is not being shown as they are not proposed for amendment.
use-er+tee��a--Sa+e�-t�itta��-ddstes�a�WC-�-2{3:4��2-spa-46-yrapersede--ttae��+t�ia-l4s#e€�ar� W-C-C--2-:�2b:
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f5)—Prov e e tr as es to ptrd�4ic roods or frrivate-r€oads-open-t-o . ublie-use-4iq-aec-ordaanc-e-w4t4
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
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{8�)—Pleat c�¢�r��s®s��bdy-Eorat�-elate-t-®-ac-t�-ai-®spot-eia�--w�at-e�-q�+�4st-���q�a�ai-ity pt��bd�+�as
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4) Mineral Lands Notification Distance
In 2003, Council amended WCC 14.06.030(B) (Mineral Resource Land — Disclosure) to required that —
upon conveyance of a fee interest in real property or upon the issuance of a discretionary development
permit -property owners sign a disclosure acknowledging that the property is within 500 feet of
Mineral Resource Lands (it had previously been 300 feet). The purpose of this requirement was "to
promote a good neighbor policy between mineral and non -mineral property owners by requiring
notification to purchasers and users of property adjacent to or near mine, operations of the inherent
potential problems associated with such purchase or use." (WCC 14.06.010(B))
There are similar requirements in various zones; however, they all require disclosure if within 300 feet of',
an MRL. It appears that the change in distance was not updated everywhere (nor mentioned in the
ordinance (ORD2003-061). Staff would like to rectify this inconsistency, and since ORD2003-061 was the
most recent amendment to this policy we proposed to change the distance to 500 feet in each of the
Title 20 sections in which this inconsistency is found.
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.662 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within-340-500 feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry, and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
Chapter 20.24 Urban Residential Mixed (UR-MX) District
20.24.652 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 500 feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry,_ and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
4
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Chapter 20.32 Residential Rural (RR) District
20.32.652 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 34 -500 feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry, and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
Chapter 20.34, Rural Residential -Island (RR-1) District
20.34.652 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 500_feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry, and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
Chapter 20.36 Rural (R) District
20.36.652 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 500 300-feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry, and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
Chapter 20.37 Point Roberts Transitional Zone (TZ) District
20.37.651 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of an area designated as Rural or
within 3500 feet of an area upon which farm operations are being conducted shall be subject to the
right to disclosure policies contained in WCC Title 14,
Use of Natural Resources.
Chapter 20.40 Agriculture (AG) District
20.40.662 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 500 3GG-feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Chapter 20.42 Rural Forestry (RF) District
20.42.652 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 500 -30C-feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
Chapter 20.43 Commercial Forestry (CF) District
20.43.662 Use of Natural Resources.
All discretionary project permits for land on or within one-half mile of the area designated as
Agriculture, Rural, Commercial Forestry or Rural Forestry or within 500 490-feet of an area designated as
Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations
are being conducted, shall be subject to the right to farm, right to practice forestry and mineral land
disclosure policies contained in WCC Title 14, Use of Natural Resources.
5) StandardizingKennel Language
In 2021 the Hearing Examiner issued a decision on an appeal of a PDS Code interpretation (APL2020-
0004) in which he raised a code construction problem: That throughout the code we use (and in the past
have used) "kennel" in different ways and with different "intent" language. The following table indicates
where the term "kennel' appears and its various iterations:
Zone
Permitted
Conditional
Prohibited
Term Used
Use
Rural
20.36.155
Animal hospitals and accessory kennels and
stables (subject to 3 standards)
.........
......................
20.36.156
..........-..............................................................
.--------
Commercial kennels and stables intended for
the boarding or training of domestic animals
Agriculture
20.40.165
Commercial kennels (subject to numerous
standards)
Rural Forestry
20.42,157
The operation of fur farms and kennels
Lake Whatcom Overlay
20.51.100
Animal hospitals and accessory kennels and
District
stables
.__ ..........................__....
-......._...._.._.................-------------------------------------
20.51.101
............................. ......................................................... ........... .------------
Commercial kennels and stables
Rural General
20.59.201
Animal kennels
Commercial
Small Town
20.61.051(3)
Veterinary practices with accessory indoor
Commercial
kennels
--------------------
---------------------_--_---
20.61.201(4)
------------------------------------
I ............__----....__......_................----- -----.........._................--_.......
Animal kennels not associated with a veterinary
practice
General Commercial
20.62.155
Animal kennels
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Rural Industrial and
Manufacturing
20.69.053(5)
Animal hospital and accessory kennels and
stables
Water Resources
20.71.220
Animal hospitals and accessory kennels and
Protection Overlay
stables
District
............
............................
....................................
........... .........................
20.71.221
... ................................................................. ....................................
- 'Commercial kennels and stables
Point Roberts Special
20.72.154(2)
In the STC, animal kennels for kenneling up to
District
six animals and that are associated with an
animal groomer
---- ---- .........
.............
....................................
20.72.204(2)
.... .. .- .... .................--
In the STC, animal kennels, except as allowed
by 20.72.154(2)
Because of the Hearing Examiner's suggestion, staff would IIke to remedy this by standardizing the
language and by adding a new definition of "accessory kennel." Note that we are not proposing to
amend the definition of "kennel," nor the conditions they're allowed in some of the zones.
For reference, the definition of "kennel" is:
20.97.191 Kennel.
"Kennel" means a commercial establishment in which five or more dogs, cats, or other household
pets are housed, bred, or boarded for a fee or compensation. A kennel may include grooming and/or
training as accessory uses.
Additionally, staff recommends that kennels be allowed in the Light Impact Industrial district and
proposes to add them to the permitted use section of Chapter 20.66.
Chapter 20.97 Definitions
20.97.004 Accessory kennels and accessorystables
"Accessory kennel"or "accessory stable" means the indoor facilities necessary for an animal hospital or
veterinarian to house overnight animals undergoing medical care or treatment.
Chapter 20.36 Rural (R) District
20.36.150 Conditional uses.
156 C-er mA2+cia4Kennels and stables.
Chapter 20.40 Agriculture (AG) District
20.40.150 Conditional uses.
.165 Ce��,',-!�Kennels, as ;dent;fled '. �ndCL'�.°z����I which shall be located, designed, and
operated so as not to interfere with the overall agricultural character of the area, provided the following
criteria are met:
7
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Chapter 20.42 Rural Forestry (RF) District
20.42.150 Conditional uses.
.157 The eperatien "f fFur farms and kennels.
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.080 Prohibited uses.
.101 C-amm-ercial-kKennels and stables.
Chapter 20.59 Rural General Commercial (RGC) District
20.59.200 Conditional uses.
.201 Retail and office type uses.
(1) A4in�KenneIs.
Chapter 20.61 Small Town Commercial (STC) District
20.61.050 Permitted uses.
051 Retail and office type uses.
(3) Veterinary practices with and accessory 44&kennels.
Chapter 20.62 General Commercial (GC) District
20.62.150 Conditional uses.
.155 A-Rj a4Kennels.
Chapter 20.66 Light Impact Industrial (LII) District
20.66.050 Permitted uses.
082 Kennels
8
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Chapter 20.71 Water Resource Protection Overlay District
20.71.200 Prohibited uses.
.221 Com,-mpfeia.41(ennels and stables.
Chapter 20.72 Point Roberts Special District
20.72.150 Conditional uses.
.154 In the Small Town Commercial District:
(2) Animal groomers and accessory kennels for kenneling up to six animals and that are .,------,.;--ted w;th
an +aaer.
20.72.200 Prohibited uses.
.204 The following uses are prohibited in the Small Town Commercial Zone District:
(2) Animal kKennels, except as allowed pursuant to WCC 20.72.154(2).
6) Childcare Facilities Definitions.
In 2009 via 'Ord. 2009-034, the Council amended the definitions of and standards for the various types of
childcare centers the County allows, adopting the following definitions:
20.97.092 Day care center.
"Day care center" means a structure other than an occupied dwelling unit regularly providing care
during part of the 24-hour day to 13 or more children.
20.97.126 Family day care home.
"Family day care home" means an occupied dwelling unit regularly providing care during part of the
24-hour day for six or fewer children in the family abode of the person or persons under whose direct
care the children are placed. Such care in a family daycare home is limited to six or fewer children,
including those children living in the home or children of other close relatives cared for in the home.
20.97.241 Mini -day care center.
"Mini -day care center" means a structure other than an occupied dwelling unit regularly providing
care during part of the 24-hour day for 12 or fewer children. Such care in a mini -.day care center is
limited to 12 or fewer children, including those children of the faculty or children of other close
relatives cared for by the faculty.
20.97.242 Mini -day care home.
"Mini -day care home" means an occupied dwelling unit regularly providing care during part of the 24
hour day for seven to 12 children in the family abode of the person or persons under whose direct
care the children are placed. Such care in a mini -day care home is limited to 12 or fewer children,
including those children living in the home or children of other close relatives cared for in the home.
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
However, the previous (then existing) definitions were not deleted by Ord. 2009-034. As clean up, staff
proposes to do that now so that our code doesn't contain conflicting definitions.
Additionally, Ord. 2009-034 designated family day care homes as an accessory use (in the 9 zones where
they were allowed), but failed to remove them as permitted uses, so now they're listed as both in 5 of
those zones. Thus, staff proposes to delete family day care homes as a permitted in those 5 zones,
leaving them as an accessory use. Doing this will not change in what districts family day care homes are
allowed as an accessory use, as they would still be listed as such in the UR, URM,;UR-MX, RR -I, R, TZ, AG,
NC, and RGC districts.
Chapter 20.20 Urban Residential (UR) District
20.20.050 Permitted uses.
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.050 Permitted uses.
.05:7;,;fy-day-c-a-r-e-heaes3ub} �pati�r�s-
Chapter 20.24 Urban Residential Mixed (UR-MX) District
20.24.050 Permitted uses.
057-Fa-subject tatbe r�q�tir n#� ef�/a�C��0-9�1�9 f�e�ae ecEu�atfo+�s:
Chapter 20.37 Point Roberts Transitional Zone (TZ) District
20.37.050 Permitted uses.
20.40.050 Permitted uses.
Chapter 20.40 Agriculture (AG) District
re .. ..., ... , �, R �. .. C .. .. .,..
10
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
Chapter 20.97 Definitions
7) Agricultural Boundary Line Adjustments
The language of WCC 20.40.254 contains the general criteria that apply to the separation of farmstead
parcels through both agricultural short plats and boundary line, adjustments. However, some of the
language is confusing as it mixes requirements for the two even though certain ones only apply to one
or the other. In particular, the sections addressing"remainder parcels" only apply to short plats, not
BLAs. Staff proposes to alleviate this confusion by clarifying which criteria only apply to short plats, and
which apply to BLAs.No policy amendments are proposed, only grammatical ones.
20.40.250 Division or modification of parcels.
.254 Separation of the Farmstead Parcel Criteria.
(1) The criteria for approval for the farmstead parcel and remainder parcel created through agricultural
boundary line adjustment or agricultural short subdivision shall be the following:
(a) The area of the parcel containing the farmstead home site, whether the home exists or is to be
added, is limited to the minimum amount required to encapsulate structures, parking areas,
driveways, septic systems, wells, and landscaping required setbacks; and
(b) The farmstead parcel size shall be as stated in WCC 20.40.251, unless the existing residential
structure(s) and/or well and septic constraints require a larger parcel, but shall not exceed the
maximum lot size consistent with the exceptions in WCC 20.40.253; and
(c) The farmstead parcel and farmstead home site meet the siting criteria contained in WCC
20.40.650; and
(d) For agricultural short plats:
(i) A remainder parcel shall be created equal to or greater than 10 nominal acres; and
(ii) The remainder parcel shall have no existing residential development and no development
rights, and a condition containing the language as provided in WCC 20.40.250(4) er-�shall
be included on the short plator the remainder parcel prior to
final approval; and
(iii) The applicant and his or her heirs provide right of first purchase for a period of not less than
60 days through deed restriction to the original purchaser and subsequent purchasers of the
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Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
remainder parcel for purchase of the farmstead parcel before they are offered on the open
market; and
e For bounclary line adjustments the Ian ua e as provided in WCC 20.40.250 5 shall be included
on the boundary line acrustment rior to final a royal
(d)ffl______A right to farm disclosure statement as provided for in WCC 14.02.040(B) will be signed
by the farmstead parcel owner and subsequent purchasers of the farmstead parcel, and
recorded as per WCC 14.02.040(A)(1) and 14.02.050; and
land division shall comply with the appropriate map and recording provisions of WCC
Title 21; and
overall submittal shall comply with WCC 20.40.250 et seq.
8) Time Period for Responding to NOARs
Under state law, all jurisdictions (including Whatcom County) are required to act on permits within 120
days. However, this clock is stopped at certain points in the 'review iprocess, one of which is when the
County requests additional information when an application doesn't contain enough to ensure
consistency with our codes (done through a Notice of Additional Requirements, or NOAR). To keep this
schedule, and keep projects from inaction, §22.05.100(3) sets a 180-daytime limit for applicants to
provide this information. But it also provides an opportunity for applicants to request addition time (up
to 2 years). However, staff has found that the language allowing the applicant to request additional time
is unclear and would like to adjust it, as shown below.
Chapter 22.05 Project Permit Procedures
22.05.100 Consistency review and recommendations.
During project permit review, the review authority shall determine if the project proposal is consistent
with the county's comprehensive plan, other adopted plans, existing regulations and development
standards.
(3) For all project permit applications, if more information is required to determine consistency at
any time in review of the application, the department may issue a notice of additional
requirements. The notice of additional requirements shall allow the applicant 180 calendar days
from the date of issuance to submit all required information. The dDirector o"ej. ivpl,--e--may
extend this period for no more than cumulative 24 months upon written request by the
applicant, provided the first request is submitted before the end of the first 180-day period.
Additional extension re uests ma be considered if submitted before the end of an subse uent
extension _period. _A notice of additional requirements is not a final administrative
determination.
12
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
9) Replacing the word "marijuana" with "cannabis."
On 2/8/22 Council adopted new marijuana regulations, including some non -substantive amendments
proposed by Councilmember Galloway that day. One of these amendments was to replace the word
"marijuana" with "cannabis" throughout the code. Unfortunately, not all sections of code with the word
"marijuana" were included in that ordinance as those sections of code weren't relevant to the
regulation of its production, processing, or sales (other than name).
To solve this conundrum and keep the code consistent, staff is adding those remaining sections to this
set of code amendments.
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.080 Prohibited uses.
102 Cannabis II Aij�taoa-production or processing facilitiesy.
Chapter 20.59 Rural General Commercial (RGC) District
20.59.050 Permitted uses.
.051 Retail and office type uses.
(4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building
supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores, and 42n-a-r4juaea-a.
cannabis retail facilities.
Chapter 20.60 Neighborhood Commercial Center (NC) District
20.60.050 Permitted uses.
.051 Retail and office type uses.
(7) 44&4ju,� Cannabis retail facilities¢, not greater than 2,500 square feet
Chapter 20.61 Small Town Commercial (STC) District
20.61.050 Permitted uses
.051 Retail and office type uses.
(4) Retail establishments with less than 2,500 square feet of retail floor area per establishment,
including but not limited to liquor, drug, sundries, variety, clothing, florist, optical, sporting goods,
appliance, craft, music, pet stores, and +n-a-r j cannabis retail facilities.
Chapter 20.71 Water Resource Protection Overlay District
20.71.200 Prohibited uses.
.222 Marijuana -Cannabis production facilitiesy.
Ft?
Exhibit A: Proposed Miscellaneous Code Amendments 2021 February 07, 2022
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