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File ID: AB2023-174
File Created: 02/24/2023
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 04/11/2023
Primary Contact Email:
TITLE FOR AGENDA ITEM:
Whatcom County
Agenda Bill Master Report
File Number: AB2023-174
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: CStrong@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Final Action: 04/11/2023
Enactment #: ORD 2023-018
Ordinance adopting various minor amendments to Whatcom County Code Title 20, Zoning; Title 21,
Land Division Regulations, and; Title 22, Land Use and Development
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to WCC Titles 20 (Zoning), 21 (Land Division Regulations), and 22 (Land Use
and Development). This is an annual "code scrub," wherein Planning and Development Services
proposes amendments to clarify code, fix inconsistencies and grammar, and modify or add minor
policies. This year's 15 proposed code amendments include six proposed minor policy changes
regarding: minimum lot width and depth in the URM zone, reducing parking stall size to 9' x 18', add
bicycle parking requirements, and allowing Transfer of Development Rights receiving areas in Urban
Growth Areas (UGAs) only.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
03/07/2023 Council WITHDRAWN
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
03/21/2023 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Whatcom County Page 1 Printed on 411212023
Agenda Bill Master Report Continued (AB2023-174)
Nay: 0
04/11/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Attachments: Staff memo 3.10.2023, Staff Report, Draft Ordinance, Exhibit A (revision 2) for 3.21 Introduction
after Committee
Whatcom County Page 2 Printed on 411212023
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO. 2023 - 018
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 2022 docket includes item PLN2022-00003, "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 has 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 November 14, 2022.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on November 7, 2022, for their 60-day review. No comments were received.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on
December 8, 2022.
S. The County Council held a duly noticed public hearing on the proposed amendments on
April 11 2023.
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 amendment to require written concurrence from
agencies with jurisdiction regarding building heights around airports would gain concurrence from
those agencies that the FAR Part 77 imaginary surfaces is being correctly interpreted by staff and
applicants.
8. In reference to Exhibit A, Amendment No. 2: The amendments to fix inconsistencies regarding public
utilities regulations would (1) allow publicly owned water storage tanks regardless of their purpose
(not just fireflow) as a permitted use; and (2) place all rules regarding public utilities in one place
(Chapter 20.82, Public Utilities).
9. In reference to Exhibit A, Amendment No. 3: The amendments to revise the definition of "non-
industrial buildings" to include other non -industrial uses would allow additional types of non -
Page 1 of 3
industrial buildings, such as office buildings, to enjoy the same setbacks and buffers in the HII district
as public uses, restaurants, and cafes currently do.
10. In reference to Exhibit A, Amendment No. 4: The amendments to add a definition of "self-service
storage facility," standardize the various terms used for this type of facility, and allow them in the LII
district would standardize the regulation of such facilities and appropriately allow this use in the LII
district (in addition to the STC, RGC, GC, and NC districts where they're currently allowed).
11. In reference to Exhibit A, Amendment No. 5: The amendments to allow HVAC systems within front,
rear, and side yard setbacks (subject to size limitations in the side yard so as not to impede access by
emergency responders) would encourage the use of heat pumps and other modern HVAC systems,
which are typically installed adjacent to structures.
12. In reference to Exhibit A, Amendment No. 6: The amendments to revise Table 20.22.254 (minimum
lot width and depth) in URM zone would remove reliance on the little -used TDR program and base
such measurements on whether public sewer and water are available.
13. In reference to Exhibit A, Amendment No. 7: The amendment to reduce parking stall size from 10 x
20' to 9' x 18' would reduce impervious surfaces and adopt standards found in most jurisdictions.
14. In reference to Exhibit A, Amendment No. 8: The amendments to delete §20.42.163 would fix an
inconsistency with an amendment Council made in 2022.
15. In reference to Exhibit A, Amendment No. 9: The amendments to add bicycle parking requirements
help encourage and accommodate increased bicycle usage in Whatcom County, thus reducing
carbon footprints.
16. In reference to Exhibit A, Amendment No. 10: The proposed amendments would standardize and
simplify accessory dwelling unit language and regulations.
17. In reference to Exhibit A, Amendment No. 11: The amendments would add language authorizing the
use and collection of securities —an already commonly used tool —to Whatcom County's code.
18. In reference to Exhibit A, Amendment No. 12: The addition of §22.05.014 would clarify the
obligations of property owners, occupants, and applicants for development activities.
19. In reference to Exhibit A, Amendment No. 13: The addition of §22.05.130(4) would clarify that
exceeding permit review timeframes does not construe either approval or denial of a permit.
20. In reference to Exhibit A, Amendment No. 14: The amendments to Chapter 20.89 would, for the
most part, simplify language, though amend policy in §20.89.050(2)(a) to limit TDR receiving areas
to UGAs or cities, thus better protecting rural character by better concentrating density in cities and
Urban Growth Areas.
21. In reference to Exhibit A, Amendment No. 15: Through Ordinance 2022-061 Council amended the
language governing seasonal clearing activity limits in the Lake Whatcom Overlay Protection district
(among other things). However, staff overlooked proposing the same amendments Water Resources
Protection Overlay district. This amendment is aimed at fixing that oversight so as to make the
language consistent for both districts.
22. In addition, many of the amendments shown in Exhibit A are solely to fix grammar and have more
concise language.
Page 2 of 3
CONCLUSIONS
1. The amendments to the development regulations are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown 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 11th day of April , 2023.
WHATCOM COUNTY COUNCIL'f�,
WHATCOM COUNTY, WASHINGTIQN
ATTEST: �, 1� °•
LT
°
Dana Brown -Davis, Council Clerk
APPROVED as to form:
/s/Royce Buckingham approved via email on 3/6/2023
Royce Buckingham, Civil Deputy Prosecutor
itBayanan, Council Chair
Approved ( ) Denied
3 w
Satpal Sidhu, tcutive
Date: +11:3�•2�
Page 3 of 3
Exhibit A: 2022 Miscellaneous Code
Amendments
As recommended by Planning Commission, 1218122; Item #9 revised per County
Council Direction, 3/7/233 (revisions highlighted in yellow)
1) Require written concurrence from agencies with jurisdiction regarding building heights
around airports.
The lands around the airport have supplementary height limits, which are shown in the map of FAR Part
77 imaginary surfaces (Appendix H of the Comprehensive Plan). These height limits are lower near the
runway and increase with distance from the flight paths (imagine the shape of stadium seating, though a
bit more complicated). However, staff has difficulty in interpreting the map, and would like the airport
administration and the Federal Aviation Administration (FAA) (i.e., agencies with jurisdiction) to weigh in
on staffs' interpretation. Thus, we would like require that applicants submit their proposals to those
agencies for review, and have their written interpretations and concurrence that the project will not
hinder airport operations (and not just for variances, as currently required).
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.675 Height limitations surrounding airports.
(1) No structure shall exceed the height of the imaginary surfaces defined in Federal Aviation
Regulations (FAR) Part 77 around airports that have mapped such imaginary surfaces (airports that
have mapped Part 77 imaginary surfaces are shown in Appendix H of the Whatcom County
Comprehensive Plan). This restriction shall not apply to single-family residences and accessory
structures that have a building height of 30 feet or less.
(2) Applicants for permits within the area covered by the FAR Part 77 imaginary surfaces map shall
provide correspondence from both the Federal Aviation Administration and an official
representative of the airport providing their concurrence that the proposed development meets
subsection (1) and will not create a hazard to air navigation.
13The Hearing Examiner shall have the authority to grant a variance from the height limits of
subsection (1) of thics�,o«;^^^«'^n.
R4Ia) The variance application shall be accompanied by-, letters from both the Federal Aviation Formatted: Indent: Left: 0.25^
Administration and an official representative of the airport evaluating the effects of the
proposal on the operation of air navigation facilities and the safe, efficient use of navigable
airspace. If neither the Fede.-al Ayept*n � , : «. «; ,.. the O ffir;..i . s «11_
agency responds •••'«�'.� •',••� to a written request by the applicant to evaluate
e proposal within 45 days the variance application may be submitted without the
evaluation(s) required by ^%4g timn rol c thi,.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(d41b) The variance criteria, of_WCC 22.05.024 shall not apply. Such A -variances may be granted
if the Hearing Examiner finds that:
L The strict application of the height limit will result in unnecessary hardship; and
ii. The height proposed will not be contrary to the public interest and will not create a hazard
to air navigation.
44(c) No variance shall be granted that authorizes a use that is not allowed by the underlying
zoning.
2) Fix a few inconsistencies regarding public utilities regulations.
WCC 20.82.020 allows publicly -owned fire flow tanks under 50,000 gallons in volume and 12 feet or less
in height as a Permitted Use; those over those limits require a Conditional Use Permit. However, the
code is silent on water storage tanks meeting those limits but for purposes other than fire flow (e.g.,
drinking water). (Privately -owned tanks meeting those limits are allowed as an accessory use when a
primary use is present.)
Staff doesn't know the reason these smaller tanks are allowed if they're for fire flow, but not allowed if
they're for other uses. We would like to amend the code to allow all water storage tanks that do not
exceed 50,000 gallons and are 12 feet or less in height as a Permitted Use, regardless of their purpose.
Additionally, all of our regulations regarding public utilities are generally found in Chapter 20.82 (though
certain types—e.g., wireless communications facilities, wind energy systems, and pipelines —have
additional regulations in Chapters 20.13, 20.14, and 20.81). §20.82.020 and 20.82.030, respectively,
specify what types of utility infrastructure are permitted and conditional uses for all zones. However,
only 3 zoning district regulations list public utilities as either permitted or conditional uses (essentially
repeating what's found in Chapter 20.85), while the other 25 do not, which can lead to confusion. Staff
would like to delete the listings of public utilities in these district regulations and rely on Chapter 20.82
as we do for the other zoning districts.
TITLE 20 ZONING
Chapter 20.82 Public Utilities
20.82.020 Permitted uses.
.023 Water storage tanks owned and operated by a public utility fer the sole purpose Of PFOvidiR�g
wed f Fe flow; provided, that the volumes do not exceed 50,000 gallons and height is not in excess
of 12 feet above the ground level measured within 20 feet in all directions of the tank. A privately -
owned water storage tank constructed to gpevide "� �"^ for a singular use or property and maintained
by the property owner(s) is considered an accessory use to the primary permitted or conditionally
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
permitted use that is to be protected by fire flow supplied from the tank and not subject to regulation as
a public utility; provided, the height does not exceed the maximum height allowed in the underlying
zone.
Chapter 20.40 Agriculture (AG) District
20.40.150 Conditional Uses
'ICG D hr,. r i•r e Rt r,. �nirr �n Q� mn
Chapter 20.59 Rural General Commercial (RGC) District
20.59.050 Permitted Uses
.056 Public and community type uses.
(..., and renumber subsequent list)
Chapter 20.62 General Commercial (GC) District
20.62.050 Permitted Uses
�nirr �n o� mn�oi
3) Revise the definition of "non -industrial buildings" to include other non -industrial uses.
The HII District has large setbacks (100') and buffers (100'— 660') so as to minimize impacts from heavy
industrial uses on neighboring properties. However, it does allow smaller (30') LII setbacks for "non-
industrial buildings" and "uses other than heavy industrial." But the definition of "non -industrial
buildings" (see below) is limited to public uses and restaurants; it doesn't include other non -industrial
uses allowed in the HII (e.g., office buildings). Requiring the large 100' setbacks for uses that don't
create the same types of impacts as heavy industrial uses doesn't make sense in terms of impact
reduction, and uses up more land. Therefore, staff would like to amend the definition of non -industrial
buildings so as to make it broader. This will allow non -industrial uses in the HII district to apply the lesser
LII setbacks.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
TITLE 20 ZONING
Chapter 20.97 Definitions
20.97.272 Nonindustrial buildings.
"Nonindustrial buildings" means those buildings allowed within an Industrial District that house these
uses
�,Ft^•',.qother than industrial.
4) Add a definition of "self-service storage facility," standardize the various terms used for
this type of facility, and allow them in the LII district.
Self-service storage facilities are allowed in several of our zones, but the terms used differ (see below
table). Nor are the terms used defined, leading to confusion.
Staff would like to add a definition of "self-service storage facility" and standardize the various terms
used for this type of facility. The proposed definition is taken from RCW 19.150.010(10), the definition
section for the state regulations for this use.
POLICY CHANGE: Additionally, staff believes this type of use would be appropriate in the Light Impact
Industrial and Heavy Impact Industrial districts, and propose to add them as Permitted Uses.
Term Used
Zoning District
STC
RGC
GC
INC
Mini -storages
- totaling less than 2,500 square feet of floor area
P 20.61.052 1
with less than 10,000 square feet of floor area
C 20.61.203
Mini storage facilities
Prohibited in
PRSD 20.72.062
Rental storage establishments
P
P
20.59.0521
20.62.062
Commercial storage of personal recreational boats
C
and trailers, recreational type vehicles and
(20.60.153(1))
accompanying mini -storage; provided, that:
(a) Security for the site shall be provided by the
applicant;
(b) No engine repairs or oil changes shall be made
on the subject site;
(c) Adequate water supply and wastewater
disposal for washdown facilities shall be
demonstrated by the applicant.
TITLE 20 ZONING
Chapter 20.59 Rural General Commercial (RGC) District
20.59.050 Permitted uses.
Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the
applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(Project Permit Procedures). In a rural community designation, nonresidential uses listed below are
permitted if a use of the same type existed in that same rural community designation on July 1, 1990,
per WCC 20.80.100(1). In a rural business designation all uses are permitted. Residential type uses listed
below are permitted in rural community and rural business designations.
.052 Self-service storage facilities .
Chapter 20.60 Neighborhood Commercial Center (NC) District
20.60.150 Conditional uses.
In a rural community designation, uses listed below may be conditionally permitted if a use of the same
type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural
business designation all uses listed below may be conditionally permitted. Unless otherwise provided
herein, conditional uses shall be administered pursuant to the applicable provisions of Chapter 22.05
WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Official Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program.
.153 Self-service storage facilities fora^...,.^ Rd .. Fehewsing type uses.
CaFA...^.Gi@l steFag^ ^c personal recreational boats and trailers, recreational type vehicles, and
accompanying mom' steFageagjj ment; provided, that:
fa)(11 Security for the site shall be provided by the applicant; Formatted
fb)(2) No engine repairs or oil changes shall be made on the subject site;
(-24(3) Adequate water supply and wastewater disposal for washdown facilities shall be
demonstrated by the applicant.
Chapter 20.61 Small Town Commercial (STC) District
20.61.050 Permitted uses.
In a rural community designation, nonresidential uses listed below are permitted if a use of the same
type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural
business designation all uses are permitted. Residential type uses listed below are permitted in rural
community and rural business designations.
.052 Self-service storage facilities .
44_ i Mins�-�—steFag^r totaling less than 2,500 square feet of floor area.
20.61.200 Conditional uses.
In a rural community designation, uses listed below may be conditionally permitted if a use of the same
type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural
business designation all uses listed below may be conditionally permitted.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
.203 Self-service storage facilitieSSWFage and waFeheusing type
r„ MiRi tGFa .,. w#41otaling less than 10,000 square feet of floor area.
Chapter 20.62 General Commercial (GC) District
20.62.050 Permitted uses.
Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the
applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC
(Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision
Ordinance and the Whatcom County Shoreline Management Program.
.062 Self-service storage facilities
Chapter 20.66 Light Impact Industrial (LII) District
20.66.050 Permitted uses.
Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the
applicable provisions of Chapters 16.08 WCC (SEPA), 20.80 WCC (Supplementary Requirements) and
22.OS WCC (Project Permit Procedures), and WCC Titles 21(Land Division Regulations) and 23 (Shoreline
Management Program).
.096 Self-service storage facilities
Chapter 20.68 Heavy Impact Industrial (HII) District
20.68.050 Permitted uses.
Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the
applicable provisions of Chapters 16.08 WCC (SEPA), 20.80 WCC (Supplementary Requirements) and
22.05 WCC (Project Permit Procedures), and WCC Titles 21(Land Division Regulations) and 23 (Shoreline
Management Program). The purpose of the SIC numbers listed within this chapter is to adopt by
reference other activities similar in nature to the use identified herein. (Policies of the subarea
Comprehensive Plan may preclude certain permitted uses to occur in particular subareas. Please refer to
the policies of the applicable subarea plan to determine the appropriateness of a land use activity listed
below.)
.110 Self-service storage facilities
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.72 Point Roberts Special District
20.72.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited:
.204 The following uses are prohibited in the Small Town Commercial Zone District:
(1) Mini -Self-service storage facilities.
Chapter 20.97 Definitions
20.97.361.1 Self-service storage facility.
"Self-service storage facility" means any real property designed and used for the purpose of renting or
leasing individual storage space to occupants who are to have access to the space for the purpose of
storing and removing personal property on a self-service basis, but does not include a garage or other
storage area in a private residence, nor storage of imported vehicles awaiting customs clearance. No
occupant may use a self-service storage facility for residential purposes.
5) Allow HVAC systems within front, rear, and side yard setbacks.
So as not to impede access for firefighters, most obstacles are not allowed in sideyard setbacks, though
there are a few exceptions (see §20.80.220, below). But with heat pumps becoming more common and
smaller in size, staff believes they and other HVAC equipment should be included in the list of
exceptions (subject to size limitations in the side yard, per the Fire Marshall). Thus, staff is proposing the
following amendments:
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.220 Use of setback areas.
All setback measurements are minimum requirements. All front yard and rear yard setback areas shall
be open from side -to -side of the lot except as otherwise provided by the following:
(1) Front Yards.
(a) Appurtenances, including but not limited to: uncovered patios and decks less than 30 inches in
height; driveways and walkways; pools and other recreation equipment; utilities, including
HVAC equipment, septic systems, and propane tanks with fuel capacities up to 500 gallons; and
fences, walls, and vegetative hedges up to four feet in height may be placed in this front yard
setback area subject to the limitations of WCC 20.80.210(3) (Vision Clearance); and provided,
that:
(i) The location of propane tanks with fuel capacities up to 500 gallons is restricted to the rear
50Lo-gereent of front yard setbacks. All such propane tanks shall be:
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(A) Inspected and approved by the Whatcom County fire marshal for compliance with the
most currently adopted International Fire Code and, when required by the fire marshal,
isolated from other uses by a noncombustible wall or fence; and
(B) Screening by a fence or with shrub vegetation planted to a minimum height of six inches
above the top surface of the propane tank is encouraged.
(b) Signs approved for use in a front yard area shall be subject to the limitations of WCC 20.80.410
and/or WCC 20.80.215 as applicable.
(c) Outside of urban growth areas fences, walls, and vegetative hedges up to a maximum of six feet
in height may be located within the front yard setback area subject to the limitations of WCC
20.80.210(3) (Vision Clearance).
(2) Rear Yards. Uncovered patios, driveways, walkways, vegetation, pools, HV_AC equipment placed
adjacent to the primary structure and extending no more tha rear yard recreation
equipment, open parking spaces, fences and walls up to seven feet in height, and structures housing
accessory uses in Urban Residential, Residential Rural, Rural and Agricultural Zone Districts may be
placed in the rear yard; provided, that an open space of at least eight feet is maintained between
any structure housing such accessory use and any other building on that lot.
(3) Side yards must be kept open; provided, that uncovered patios and decks less than 30 inches in
height; driveways, walkways, and parking areas; pools and other recreational equipment; HVAC
equipment placed adjacent to the primary structure and extending no more than 3 feet into the side
av rd; and fences, walls, and vegetative hedges up to seven feet in height may be placed in the side
yard.
6) (POLICY CHANGE) Revise minimum lot width and depth in URM zone.
In the URM District, Table 20.22.254 (minimum lot width and depth) only accounts for lots participating
in the Transfer of Development Rights (TDR) program (which is rarely, if ever, used); it doesn't account
for lots not using TDR, of which there are many.
Thus, staff proposes to delete "and TDRs" from the table. Regardless of whether there are TDR credits, if
the development does not have public water and sewer, then the listed lot width and depth dimensions
are adequate; if the proposal has public water and public sewer, the lots can be narrower/smaller.
However, they should not be 0' or N/A as listed; otherwise we could get unworkable lots. Thus, staff is
proposing to use the lot width standards of the UR zone when developed at 6 units per acre, the most
likely density to be applied in the URM zone when sewer and water are available.
TITLE 20 ZONING
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.254 Minimum lot width and death.
Width at Street Line*
Width at
Minimum
Mean
District
Conventional
Cluster
Bldg. Line
Depth
URM: all districts without public sewer and water
300'
70'
80'
100'
and transferaiale-develep+�+e44444ts (-TDRs)
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Plannins Commission Recommendation with Council edits
Width at Street Line*
Width at
Minimum
Mean
District
Conventional
Cluster
Bldg. Line
Depth
URM: with public sewer and water
development Fights (T-DRs1
Al{A25'
AI{A25'
N{�A40'
N/A50'
* The "Width at Street Line" standards do not apply to lots being modified through boundary line adjustment
(BLA), subject to WCC 21.03.060(2)(f).
7) (POLICY CHANGE) Reduce parking stall size to 9' x 18'.
Our current parking stall size in 10' x 20'. However, the most common size requirement in most codes
these days is 9' x 18' (e.g., Bellingham) or smaller (e.g., Skagit County's is 8-1/2 x 17; Snohomish County's
is 8' x 16'). Staff proposes to reduce our standard parking stall size to 9' x 18', so as to reduce impervious
surfaces. This size would accommodate most modern vehicles, though applicants anticipating most of
there clients to be driving larger vehicles (e.g., large personal trucks) could still provide larger spaces.
This change in stall size would also require that we amend the Off -Street Parking Diagram, as shown
below. For some reason this table and diagram currently follow §20.80.515, but we'll insert them to
appropriately follow §20.80.510.
If Council supports this size reduction, the minor variance allowance to reduce parking stalls to this size
would no longer be needed, so staff would also recommend replacing 22.05.024(2)(a)(ii) with a
reference to the minor variance allowance for critical area buffer reduction (of 25-50%) that Council
approved in the recent Shoreline Management Program Periodic Update.
TITLE 20 ZONING
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.360 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 919 feet in width and 1829 feet in
length; provided, that for any parking area of six or more spaces, 50%per-efA of all spaces may have the
rectangular dimensions of ek4#-8 feet in width and 15 feet in length; and further provided, that these
spaces are marked for use by compact automobiles. Except in single-family residential areas, all
dimensions shall be exclusive of driveways, aisles, and other circulation areas required under WCC
20.80.5600 et seaand 29.89.570.
Chapter 20.71 Water Resource Protection Overlay District
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 910 feet in width and 1820 feet in
length; provided, that for any parking area of six or more spaces, 50Yo-peree # of all spaces may have the
rectangular dimensions of eight-8 feet in width and 15 feet in length; and further provided, that these
spaces are marked for use by compact automobiles. Except in single-family residential areas, all
dimensions shall be exclusive of driveways, aisles, and other circulation areas required under WCC
20.80.5600 et se and 20.80379.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.80 Supplementary Requirements
20.80.500 Off-street parking and loading requirements.
20.80.510 Parking space dimensions.
LiLA parking space shall have minimum rectangular dimensions of not less than 30-9 feet in width and
29-18 feet in length; provided, however, that for any parking area of 12 or more spaces, 35%
perfent of all spaces may have minimum rectangular dimensions of not less than e44-8 feet in
width and 15 feet in length; provided, that these spaces are marked for use by compact
automobiles. All dimensions shall be exclusive of driveways, aisles, and other circulation areas. The
number of required off-street parking spaces is established in WCC 20.80.580.
(2) The following Off -Street Parking Diagram indicates the dimensions necessary to achieve the
dimensions of subsection (1) at various angles. Note that:
(a) If a parking lot section is designated for compact vehicles the stall may be 8 feet x 15 feet for a
90` parking angle.
(b) Stalls should be larger for commercial vehicle parking.
(c) Applicant may provide larger spaces to accommodate their customers/tenants that have larger
personal vehicles.
(d) Bumper overhang should be considered in placing lighting, railings, etc. These appurtenances
should be placed beyond dimension "I" in the diagram.
(e) Only 2-way traffic should be used with 90° parking angles.
Off -Street Parking Diagram
10
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Dimension
Diagram Location
Parking Angle
45°
60°
75"
90°
Stall width, parallel to aisle
A
12.5
10.5
9.2
9.0
Stall length of line
B
27.6
23.6
21.0
18.0
Stall depth to wall
C
19.4
20.3
20.0
18.0
Aisle width between stall lines
D
12.1
12.8
23.0
20.0
Stall depth, interior
E
16.4
18.0
1 19.0
1 18.0
Module, wall to interior
F
47.9
55.1
62.0
63.0
Module, interior
G
44.9
53.1
61.0
63.0
Module, interior to curb face
H
45.9
52.5
59.4
60.0
Module, interior to curb face
1
2.0
2.3
2.5
2.5
Offset
J
6.6
2.5
0.7
0
Setback
K
13.1
9.2
4.9
0
Cross aisle, one-way
L
14.1
14.1
14.1
Cross aisle, two-way
20.0
20.0
20.0
j14.1
2.0
20.80.515 Loading space requirements and dimensions.
B
Parallel
45' 60
T
90
6B
4&
9egfees
69
Begcees
99
Deg-
9-4-4
- W 61th Of PaFk RO spaee 4&
44
49'
4&
- YAGIth Of dF VeWay Sle 43
48-
24S
4-2'
- 44
44
44
44
11
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
nu Weet o-.L:. g 00FReRciaRal Table
46 60 90
20.80.570 Circulation.
The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way
of access roads shall maintain the following minimum standards: For one-way traffic, the minimum
width of 14.1 feet. Access roads for two-way traffic shall have a minimum width of 204 feet. Parking
areas having more than one aisle or driveway shall have directional signs or markings in each aisle or
driveway.
20.80.590 General interpretations.
In the interpretation of tkis-section 20.80.500, et seq., the following rules shall govern:
(1) Parking spaces for other permitted or conditional uses not listed in this section shall be
determined by the Director or Hearing Examiner, whichever has jurisdiction for the permit
applied for. heize a iand 6ise permit : Fequiped and by thezeRing administrpt,.r fnr0
peicmitted uses.
(2) Fractional numbers shall be increased to the next whole number.
(3) Where there is an adequate public transit system or where for any other reason parking
requirements are unusually low, the parking space provisions cited above may be reduced
proportionately 13Y the E9RORO admiRistFateF decision maker with jurisdiction.
Title 22 LAND USE AND DEVELOPMENT
Chapter 22.05 Project Permit Procedures
22.05.024 Variances.
(2) There are two types of variances: Minor and Major Variances.
(a) Minor variances include those that are unlikely to have impacts on surrounding properties or
people or need to be processed more rapidly to meet federal time frames. These shall be limited
to variances for:
(i) A reduction of up to 109ol)efeeAt of a front yard setback;
(ii) 4gfeefiMinor variances for
reduction of critical area buffers pursuant to WCC 16.16.273.,
12
Commented [CE51]: Council has already approved this section
In the CAO; we're just listing it here.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(iii) The following personal wireless service facilities: Small wireless facilities, provided that a
variance shall not be granted that would alter the dimensional, bulk, numerical, or other
criteria in the definition of small wireless facility in WCC 20.13.
(b) Major variances include all other variances.
8) Fix conflicting permitting requirement for clearing in the Rural Forestry district.
In early 2022, through the 2021 Miscellaneous Code Amendments, Council changed the permitting
requirement for "alteration or removal of more than 20% of the lot area" from a Conditional Use Permit
(CUP) to a Variance in:
20.42.455 Forestland retention.
No more than 20% of a lot's area shall be permanently altered or removed from the production of forest
products, unless authorized by a variance (WCC 22.05.024) or as a planned unit development (Chapter
20.85 WCC), in which case no more than 35% of the lot's area shall be permanently altered or removed
from the production of forest products.
Unfortunately, staff didn't realize that the same requirement for a CUP was doubly listed in §20.42.163.
Staff would like to rectify these conflicting requirements by deleting §20.42.163.
TITLE 20 ZONING
Chapter 20.42 Rural Forestry (RF) District
20.42.150 Conditional uses.
The conditional uses listed herein shall be administered pursuant to the applicable provisions of
Chapters 16.08 WCC (SEPA), 20.80 WCC (Supplementary Requirements) and 22.05 WCC (Project Permit
Procedures), and WCC Titles 21(Land Division Regulations) and 23 (Shoreline Management Program).
13
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
9) (POLICY CHANGE) Add Bicycle Parking Requirements
The Council's Bicycle/Pedestrian Advisory Committee (BPAC) requests that the Council adopt bicycle
parking facility requirements so as to encourage and accommodate increased bicycle usage, thus
reducing carbon footprints. The BPAC endorsed the below language in December 2021.
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.580 Parking space requirements.
For the purpose of this ordinance, the following parking space requirements shall apply (See also WCC
20.97.140), though may be reduced pursuant to WCC 20.80.527(2)(c):
20.80.527 Bicycle Parking Facilities.
(1) Bicycle parking facilities shall be provided in all developments within an Urban Growth Area (UGA)
or Limited Area of More Intensive Rural Development (LAMIRD) requiring 10 or more parking stalls
pursuant to and as identified in WCC 20.80.505 (General Requirements), except for single-family and
two-family residential dwellings and agricultural uses or where these requirements are waived per
subsection (5).
(2) Each such development shall provide a number of bicycle parking spaces in accordance with the
following:
(a) Short -Term Bicycle Parking. If a land use or development project is anticipated to generate
visitor traffic, the project must provide permanently anchored bicycle racks within 100 feet of
the visitor's entrance. To enhance security and visibility, the bicycle racks shall be readily visible
to passersby. The bicycle capacity of the racks must equal an amount equivalent to 5% of all
required off-street vehicle parking, as identified in WCC 20.80.580 (Parking Space Requirements)
and WCC 20.80.590 (General Interpretations). There shall be a minimum of one rack with
capacity for two bicycles.
(b) Long -Term Bicycle Parking. Such developments n..,'aangg vith , r 10 tenantnts (
shall provide secure bicycle parking
for 5% of all required off-street vehicle parking spaces, as identified in WCC 20.80.580 (Parking
Space Requirements) and WCC 20.80.590 (General Interpretations). There shall be a minimum
of one long-term bicycle parking space. Acceptable parking facilities shall be convenient from
the street and include one or a combination of the following:
(1) Covered, lockable enclosures with permanently anchored racks for bicycles.
(ii) Lockable bicycle rooms with permanently anchored racks.
(iii) Lockable, permanently anchored bicycle lockers.
(iv) In the case of multi -family residential development, a standard garage is sufficient, if
available.
(c) Reduction of Vehicular Parking Spaces. The number of vehicular parking spaces required by WCC
20.80.580 may be reduced by the number of bicycle parking spaces required by subsections (a)
14
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
and/or (b), though may not be reduced by more than that required even if the applicant
provides additional bicycle parking spaces.
(3) Bicycle racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where
required bicycle parking is provided with racks, the racks must meet the following requirements:
(a) The bicycle frame and one wheel can be locked to the rack with a high -security U-shaped
shackle lock if both wheels are left on the bicycle.
(b) A bicycle of 6 feet in length can be securely held with its frame supported so that the bicycle
cannot be pushed or fall in a manner that will damage the wheels or components.
(4) Parking and maneuvering areas.
(a) Bicycle parking facilities shall be installed in such a way as to not impede pedestrian or vehicular
movement.
(b) Each required bicycle parking space must be accessible without moving another bicycle. There
must be an aisle at least 5 feet wide adjacent to all required bicycle parking to allow room for
bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area
may extend into the right-of-way. The area devoted to bicycle parking must be hard surfaced.
(c) If required bicycle parking is not visible from the street or main building entrance, a durable sign
must be posted at the main building entrance indicating the location of the bicycle parking.
(5) The Director may waive the requirements of this section for individual applications if it can be
shown that the use would not attract nor serve cyclists, whether customers or employees.
(6) Developments not required to provide bicycle parking per subsection (2). but voluntarily choose to
do so, may avail themselves to the reduced vehicular parking standards allowed by subsection (3) so
long as they meet all the requirements of this section. However, in no instance shall vehicular
parking be reduced by more than 25%.
Chapter 20.97 Definitions
20.97.140 Floor area of a nonresidential building.
"Floor area of a nonresidential building" (to be used in calculating parking requirements) means the
floor areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and
rooms, storage spaces, display windows, long-term bicycle parking areas, and similar areas.
10) Standardize and Simplify Accessory Dwelling Unit Language & Regulations
Accessory dwelling units (ADU) are allowed in 12 of our zones, and each zone chapter contains
standards for under what circumstances they're allowed, as well as design and other standards. There
are 13 standards in most zones (though one or two fewer in a few zones), each reading almost
identically. Staff proposes to move, combine, standardize, and correct the grammar of all these separate
sections into one section in Chapter 20.80. Staff is not proposing to change the standards, only make
them easier to find and understand.
15
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
TITLE 20 ZONING
Chapter 20.97 Definitions
20.97.003 Accessory Dwelling Unit.
An accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same
lot as a stand-alone (i.e., detached) single-family home. ADUs go bV many different names, including
accessory apartments, secondary suites, and granny flats. ADUs can be converted portions of existing
homes (i.e., internal ADUs), additions to new or existing homes with at least one shared wall (i.e.,
attached ADUs), or new stand-alone (i.e., no shared walls) accessory structures or converted portions of
existing stand-alone accessory structures (i.e., detached ADUs).
Chapter 20.80 Supplementary Requirements
20.80.910 Accessory Dwelling Units — Standards.
Where allowed in the zoning district. all accessory dwelling units shall comply with the followin
standards and restrictions:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
dwelling unit per lot;
(2) The owner(s) of the lot upon which the accessory dwelling unit is located shall occupy as their
primary domicile at least one of the dwelling units on that lot;
(3) Minimum Lot Size. In the districts where accessory dwelling units are allowed:
(a) For attached accessory dwelling units there is no minimum lot size, except in the Lake
Whatcom Watershed Overlay district as provided in subsection (c) and the Rural Residential -
Island district as provided in subsection (d).
(b) For detached accessory dwelling units the minimum lot size shall be 4.5 acres unless the
parcel is large enough to accommodate two dwelling units consistent with the gross density
of the underlying zoning district: except:
(i) In the urban zones (UR, URM, and UR-MX) there is no minimum lot size.
(ii) In the Agriculture district the minimum lot size for a detached accessory dwelling unit is
40 acres;
16
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
NO In the Rural Forestry district the minimum lot size for a detached accessory dwelling unit
is 20 acres.
(iv) In the Lake Whatcom Watershed Overlay district as provided in subsection (c).
(v) In the Rural Residential -Island district as provided in subsection (d).
(c) In the Lake Whatcom Watershed Overlay district the minimum lot size for any accessory
dwelling unit is 10 acres, unless the underlying zoning district is Rural Forestry, in which case
the minimum lot size is 40 acres.
(d) In the Rural Residential -Island district the minimum lot size for attached accessory dwelling
units is 4.5 acres, and for detached accessory dwelling units the minimum lot size is 10
acres.
Table 20.80.910(3) Minimum Lot Size Required for an ADU
District
Attached ADUs
Detached ADUs
UR
NA
NA
URM
NIA
NLA
UR-MX
fJ A
N A
RR
NLA
4.5 ac
RR -I
4.5 ac
10 ac
R
N A
4.5 ac
TZ
JA
4.5 ac
AG
N A
40 ac
RF
NIA
20 ac
STC
N A
4.5 ac
RC
N/A
4.5 ac
LWWO
10 ac; 40 ac if underlying district is RF
(4) Because when a subdivision is platted, roads and certain utilities (water, septic, sewer) are sized
for the proposed number of lots and do not account for accessory dwelling units:
(a) Accessory dwelling units are allowed (where permitted) in all subdivisions (both long and
short plats) that received preliminary plat approval prior to January 25, 1994;
(b) Accessory dwelling units shall be prohibited in all subdivisions (both long and short plats)
that received preliminary plat approval after January 25, 1994, except on those specific lots
that are designating on the face of the final plat as allowing accessory dwelling units.
(c) In no case shall an accessory dwelling unit be permitted in a reserve tract within plats
created through the cluster subdivision method.
(5) Design and Construction.
(a) Accessory dwelling units shall be clearly subordinate to the primary residence;
(b) The maximum size of an accessory dwelling unit shall not exceed 1,248 square feet in floor
area; except, when the Density Credit Program (WCC Chapter 20.91) is used, the size may be
increased to a maximum of 1,748 square feet;
(c) Only one access point off of a public road shall be allowed to serve both the primary
residential unit and any accessory dwelling unit;
(d) Accessory dwelling units shall be located so as to minimize visual impacts to adiacent
properties and public rights -of -way, with location in immediate proximity to the primary
17
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
residence being preferred. Location closer to property lines than to the primary residence
may be considered when such location serves the goal of reducing overall visual impacts to
Public rights -of -way and adjacent properties, and such location still meets the setback
requirements of WCC Chapter 20.80.
(i) There shall be only one front entrance visible from the front yard and street for houses
with attached accessory dwelling units and only one additional entrance visible from the
frunL yard for detached accessory dwelling units;
0i) To minimize visual impacts fencing and/or landscaping to screen the unit from public
rights -of -way and/or adjacent properties may be required;
(e) In the Agriculture district detached accessory dwelling units shall be located within the
farmstead cluster and comply with siting criteria found in WCC 20.80.255.
(6) Prior to building permit issuance, the owner shall record with the Whatcom County Auditor a
deed restriction 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 district allows such a
land division; and,
(b) The owner(s) of the lot upon which the accessory dwelling unit is located shall occupy as
their primary domicile at least one of the dwelling units on that lot.
Chapter 20.20 Urban Residential (UR) District
20.20.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028.
.132 Accessory apanments OF detaehed aeeesSOFy dwelling units, when consistent with WCC 20.80,910.
(1) IR additieR to aA existing or peFFnitted dwelliRg, theFe shall be no more than GAe accesseFy
apaFtweRt GF detached acresswy dwelling unit per let;
dwelling unitis located shall aeeupy as theiF ffiMaFy dwnieilp at ea,# ORP ef the dwelling unit&
buildipg peFFnit7
existiRg (5) AeceSSOFY apaFtFneRts and detached aecesseFy units shall be clearly a sUI904Aate paFt Of aR
(6) Long plats and sheFt plats whiGh aFe gFaRted afteF jaRU8FY 25, !994, shall be maFl(ed, speeikally
designating lets allewed te be developed with aGcesseFy apaFtmeRts E)F detached aeeesseF
18
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Plannine Commission Recommendation with Council edits
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
19
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
.132 Accessory apaw eRts OF det.,ehed ,^^^«^^� dwelling units, when consistent with WCC
20.80.910. (1) in addition to an existing 9F peFFAdued dwe"iRg, theFe shall be Re F:RAFe than Rnp arresseFy
OR that let;
(9) PFE)Gf that adequate p�evisiewq havp bpen made for potable water, wastewateF dispesal, and
Ste.HRARA.gate.p FuRef.f. fP-F tht, additional dwelling wRit must be obtained prqE)F to appliGatieR feF a
buildiRg peFR4i
existing id
Ti
squaFe feet in floor @Fea, except when the deRsity eFedit PFOgFaFn is utilized the size Fnay be
20
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.24 Urban Residential Mixed (UR-MX) District
20.24.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.133 Accessory apart eRts eF detached a6cess y dwelling units, when consistent with WCC 20.80.910.
21
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.32 Residential Rural (RR) District
20.32.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028.
.132 Accessory apakments eF detaehed accesseFy dwelling units, when consistent with WCC 20.80.910.
W S Rgle family dwelliRgs; provided, that all of the fellewiHg aPPFOVal requirements are mev:
♦Lorrcrivat rot ant;
qtAFFAY.0;#PF FURaff fAr thp additional dwelling unit must be ebtaiRed PFOOF W apPkatiOR fOF a
existing side
rCi
squaFe feet dR flOeF aFea, exGept when the density GFedit pFegFaFR is utilized the siEe I:A@y be
22
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Plannins Commission Recommendation with Council edits
Chapter 20.34 Rural Residential -Island (RR-1) District
20.34.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.132 Accessory apaA ents eF detaGhed ,GcesseF • dwelling units, when consistent with WCC 20.80.910.
(1) IR @Eldit;E)R to @R existing eF peFFAitted dwelling, there shall be no morp thaR P-Re acresseFy
eat let;
23
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
24
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.36 Rural (R) District
20.36.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028.
.132 Accessory dwelling units, when consistent with WCC 20.80.910,
(2) The E)WReF(s) of the single family lot upaR which the aeGesseFy apawnent GF detached aeeessery
dwelling 61nit is leGated shall GGG61PY as their pFiFnaFy demipilp at least one of the dweIPRg units
ea that qt�
(3) PFE)ef that adequate pFavisionq havp beep made feF petable watep, wastewateF GiSPG5@I, and
Sterwo.-Watpr guRoff for dwelling unit must be 919taiRed prier to applieatiqH fGF a
building perpAit;
aprpq
for ArGPSSE)Fy dwelling uRits7
id
�Tr
SCIUaFe feet OR fleaF ' inrreased tm;;)(imum of 1,748 square feet;
(7) Long plats and shert plats whiGh aFe granted afteF january 25, 1994, shall be Marked, speeifiGally
designatiRg lots allowed te be developed with aceessary apartFneRtS er detaehed aeGessery
dwelliRg units at the eptian of the developer fE)F future individual el-Amers. AeGessery apaomeprts
...d .det@Ghe d ...dwellingunitsshall h.... Ohibite d e
25
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.37 Point Roberts Transitional Zone (TZ) District
20.37.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05,028:
.132 Accessory apaFtmeRts or detaehed aceessety dwelling units, when consistent with WCC 20.80.910,
to SiRgle family dwel'iRgs; previded, that all of the following re- met
SR that leti
(3) PFeef that adequate previsieR-q havp bppn made for petable water, wastewateF disposal, and
H-HR44 fGF the additienal dwelling Linit must be obtained prior te appikeatiOn fE)F a
building pe��4;
26
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.40 Agriculture (AG) District
20.40.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.133 Aa-accessory apak eRt eF a deta-e` ed ,^censer • dwelling units, when consistent with WCC
20,80.910.
27
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.42 Rural Forestry (RF) District
20.42.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028.
.132 Accessory apaFt ents ar detached ^Geese•y dwelling units, when consistent with WCC 20.80.910.
28
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
29
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.61 Small Town Commercial (STC) District
20.61.150 Administrative approval uses.
In a rural community designation, uses listed in this section may be administratively permitted pursuant
to WCC 22.05.028 if a use of the same type existed in that same rural community designation on July 1,
1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in this section may be
administratively permitted.
The zoning administrator may administratively permit other uses similar in nature to the permitted uses
listed in WCC 20.61.050 or this section that the zoning administrator determines to be consistent with
the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the
performance standards for this district.
.153 Residential type uses.
(1) Accessory apartmeRtS OF detaehed ^^^^«^^� dwelling units, when consistent with WCC 20.80.910.
te single family dwellings; pFavided, that all ef the fallowiRg FequiFemepts @Fe met:
(a) IR addition to aR existing E)F peFmitted dwelling, theFe shall be ne maFe thaA GF;e aeeesSE)F
en that atj
building peF'*T
exist*Ro side
(f) The maximum size of an aeeessap� apaFtmeRt er dPtAPhPd dvoplling un t shall not exceed !,248
square feet R fleer
narea, I to of 'I 749 square feet;
30
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.64 Resort Commercial (RC) District
20.64.130 Administrative approval uses.
In a rural community designation, uses listed in this section may be administratively permitted pursuant
to WCC 22.05.028 if a use of the same type existed in that same rural community designation on July 1,
1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in this section may be
administratively permitted.
The zoning administrator may administratively permit other uses similar in nature to the permitted uses
listed in WCC 20.64.050 or this section that the zoning administrator determines to be consistent with
the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the
performance standards for this district.
.132 Accessory apaFt ents E)F detached ,^^^«E)Fy dwelling units, when consistent with WCC 20.80.910.
to siRgle family dwellings; pFavided, that all ef the following FeqWiFements aFe meti
(1) IR addition to aR existing 9F peFmitted dwelling, theFe shall be Re rnnFe than enP RGGeSSOFY
dwelling unit is lecated shall eeGupy as theiF pFiFAaFy demirile at lea -St ene of the dwelling units
on that et;
31
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
11) Add Language Authorizing Securities
The use of financial sureties (assignment of funds, bonds, letters of credit, etc.) is a common mechanism
used by the County (and other jurisdictions) to ensure that conditions are complied with and promised
work is performed. And while there are numerous sections of code that require such sureties, there isn't
an underlying regulation that authorizes their use. Therefore, staff proposes to add the below to Title 22
(Land Use and Development) and references to it throughout the code where securities are mentioned.
TITLE 22 LAND USE. AND DEVELOPMENT
Chapter 22.05 Project Permit Procedures
22.05.134 Security Mechanisms.
(1) This section is applicable to securities required by Planning and Development Services and the codes
over which it has iurisdiction; those required by Public Works are governed by the Whatcom County
Development Standards.
(2) In approving any permit application, the decision maker may require the posting of financial
securities, in a form acceptable to the County's attorney, to ensure compliance with any code
requirements or conditions imposed, including but not limited to the construction of improvements,
environmental mitigation or improvements, installation of landscaping, the adherence to County
standards, and/or maintenance, repair, or replacement of such improvements.
32
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(3) The County may accept any of the following: bonds, letters of credit from an insured bank, a secured
account with an insured bank, or a cash deposit. Other forms of security may be accepted if
approved by the County's attorney.
(4) Performance Securities.
(aa) Except as provided in Subsection (c):
0) A performance security shall be provided to guarantee that a site can be closed and/or
winterized if necessary, or that measures can be taken by the County to respond to
weather -related emergencies.
(ii) In lieu of installing improvements or a condition of a permit, an applicant may propose to
post a security to ensure completion of any improvements for which construction plans
have been approved. Said improvements shall be installed within one year of final project
permit approval. An extension not to exceed one year may be approved upon extension Of
the security or submission of a new one.
iii A performance security may be required to cover the cost of installing any systemwide
improvements that an applicant has agreed to install as part of his project where the lack of
installation would cause the system to fail or not be completed in a timely manner.
(iv) Performance securities are also required for certain improvements that the County may
want removed after a certain time or after the improvement is no longer used (e.g.,
telecommunications towers, wind turbines, etc.
(b) Performance securities may be presented to the County after preliminary approval of a project
but in all circumstances shall be presented prior to any site work, including clearing, grading, or
construction.
(c) Submission of a performance security may be waived by the Director if, in his opinion, said
guarantee of installation is not necessary.
(5) Maintenance Sureties. An applicant shall provide to the County a maintenance security to cover the
cost of replacing or repairing any of the improvements installed per the Whatcom County Code or a
condition of a permit.
(6) Amount of the Security.
(a) The amount of a security shall be a percentage, as specified below, of the estimated cost of
design, materials, and labor, based on the estimated costs on the last day covered by the device,
of installing, replacing, or repairing (whichever is appropriate) the improvements covered by the
security.
W Performance-125% of the costs specified in Subsection (a).
(ii) Maintenance-20% of the costs specified in Subsection (a).
(b) The Director shall approve the amount of a security under Subsection (a) of this section. The
applicant shall prepare for his review and approval a certified cost estimate of the items to be
covered by the security.
(7) Reduction of Securities. In those cases where securities have been made, and only with the
Director's approval, the amount of the security maybe reduced upon acceptance of a portion of the
required improvements. The amount of the reduction shall not exceed the percentage that the
33
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
accepted improvements made up of all originally required improvements. In no case, however, shall
the security be reduced to less than 25%of the original amount.
(8) Duration of securities. All securities shall be held until released by the Director; however, the
standard duration of the various securities should be as follows:
(a) Performance —One year or until all improvements are installed and accepted by the County,
whichever is greater.
(b) Maintenance —Two years; extendable by the County if repairs are made at the end of the
security period which, in the opinion of the Director, require additional guarantee of
workmanship.
(9) Security agreement. In each case where a security is posted, the applicant and the Director shall
sin a notarized security agreement, approved in form by the County attorney. This agreement shall
be recorded with the Whatcom County Auditor. The agreement shall provide the following
information:
(a) A description of the work or improvements covered by the security.
(b) Either the period of time covered by the maintenance security or the date after which the
County will use the proceeds of the performance security to complete the required work or
improvements.
(c) The amount and nature of the security and the amount of the cash deposit.
(d) The rights and duties of the County and the applicant.
(e) An irrevocable license to run with the property to allow the employees, agents, or contractors of
the County to go on the subject property for the purpose of inspecting and, if necessary, doing
the work or making the improvements covered by the security.
(f) The mechanism by and circumstances under which the security shall be released. At a minimum,
after the work or improvements covered by a performance security have been completed, or at
the end of the time covered by a maintenance security, the applicant may request the County to
release the security. If the applicant has complied with the security agreement and this code,
the Director shall release the security remaining. If the work has not been completed or repairs
not made, then the County shall not release the security until such work is completed per
subsection (12) (Use of Security Funds by the County). Partial release of the security may be
allowed provided that the developer provides a new security in the amount specified in
subsection (7) (Amount of the Security) for the remaining work.
(g) Upon release of any recorded security mechanism a copy of the letter of release shall be filed
with the Whatcom County Auditor.
(10)Supplemental Administrative Costs. In addition to the security, the applicant shall pay a fee to the
County covering the County's actual expenses of administering, and if necessary, using the proceeds
of the security. The amount of this fee will beset by the County Council in the Unified Fee Schedule! Commented [CES2]: will need to add to UFS.
(11)Use of Security Funds by the County.
(a) If during the period of time covered by a maintenance security, or after the date by which the
required work or improvements are to be completed under a performance security, the Director
determines that the security agreement has not been complied with, he shall notify the
applicant of this. The notice must state:
34
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(i) The work that must be done or the improvements that must be made to comply with the
security agreement; and,
(ii) The amount of time, not to exceed thirty days, that the applicant has to commence and
complete the required work or improvements; and,
ON That, if the work or improvements are not commenced and completed within the time
specified, the County will use the proceeds of the security to have the required work or
improvements completed.
(b) If the work or improvements covered by the security are not completed within the time
specified in the notice the County shall obtain the proceeds of the security and shall cause such
work to be completed.
(c) The applicant is responsible for all costs incurred by the County in administering, maintaining, or
making the improvements covered by the security(s). The County shall release or refund any
proceeds of a performance or maintenance security remaining after subtracting all costs for
doing the work or making the improvements covered by the security. The applicant shall
reimburse the County for any amount expended by the County that exceeds the proceeds of the
security. The County may file a lien against the subject property for the amount of any excess.
(d) In each case where the County uses any of the funds of a security, it shall give the applicant an
itemized statement of all funds used.
22.05.110 Final decisions — Type I, II, and III applications.
(1) The director 9F designee s final decision on all Type I or II applications shall be in the form of a
written determination or permit. The determination or permit may be granted subject to conditions,
modifications, or restrictions that are necessary to comply with all applicable codes.
(2) The hearing examiner's final decision on all Type III applications per WCC 22.05.020 or appeals per
WCC 22.05.160(1) shall either grant or deny the application or appeal.
(a) The hearing examiner may grant Type III applications subject to conditions, modifications or
restrictions that the hearing examiner finds are necessary to make the application compatible
with its environment, carry out the objectives and goals of the comprehensive plan, statutes,
ordinances and regulations as well as other official policies and objectives of Whatcom County.
(b) Requirements.
(1) Performance bonds or other security, aeeeptable to the PFOSeGuting attem may be
required to ensure compliance with the conditions, modifications and restrictions consistent
with WCC 22.05.134 (Security Mechanisms).
(ii) Fossil or renewable fuel refinery or fossil or renewable fuel transshipment facilities: The
applicant shall provide insurance or other financial assurance acceptable to the prosecuting
attorney consistent with WCC 22.05.125.
(c) The hearing examiner shall render a final decision within 14 calendar days following the
conclusion of all testimony and hearings. Each final decision of the hearing examiner shall be in
writing and shall include findings and conclusions based on the record to support the decision.
(d) No final decision of the hearing examiner shall be subject to administrative or quasi-judicial
review, except as provided herein.
(e) The applicant, any person with standing, or any county department may appeal any final
decision of the hearing examiner to superior court, except as otherwise specified in WCC
22.05.020.
35
Exhibit A: 2022 Miscellaneous Code Amendments
Planning Commission Recommendation with Council edits
22.05.120 Recommendations and final decisions — Type IV applications.
March 21, 2023
(5) The County Council's final written decision may include conditions when the project is approved and
shall state the findings of fact upon which the decision is based.
(a) D..rfar...,nep hands . other Securities., , eptable t^ the r ... t•^^ att^.^^., may be
required to ensure compliance with the conditions, modifications and restrictions consistent
with WCC 22.05.134 (Security Mechanisms).
TITLE 20 ZONING
Chapter 20.13 Wireless Communication Facilities
20.13.090 Design and development standards.
(14)Screening Standards. Freestanding and attached wireless communication facilities shall be subject to
the following standards for visual screening:
(f) When landscaping is required to be installed, a FnainteAapee h^^d+ ^^t ^f f„^dg ^ nth^.
security shall be provided consistent with WCC
22.05.134 (Security Mechanisms)'^ the a nt of 59 ^ ^^t ^f the yal ^ f the l h^• ^a
mateicials The guaFanty shall be iR effe6t faF t..,e ye@FS f...m the date of . IaRtk;g
20.13.130 General criteria for issuance of permits.
(4) Performance Security. The operator of the facility
shall obtain and keep in force throughout the time the facility is located on the site a performance bead
er ether security consistent with WCC 22.05.134 (Security Mechanisms)
deteFMlRed by the diFeeter, but not I^" than $1,000. The load -security is intended to cover the costs of
removal of such facility at such time as the facility may be required to be removed pursuant to WCC
20.13.150,
Chapter 20.14 Wind Energy Systems
20.14.100 Abandonment, insurance, and decommissioning for WES.
.104 I-+naHeial Secu rityt+fety.
(1LAs a condition of WES permit approval, the applicant shall be required to provide a form of
security consistent with WCC 22.05.134 (Security Mechanisms) . ^ ,
,to cover
36
Formatted: space After: 0 pt
Formatted: List Paragraph, Indent: Left: 0.25", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent at: V
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Plannine Commission Recommendation with Council edits
costs of WES removal in the event the eCounty must remove the facility. Nothing may prevent
the eCounty from seeking reimbursement from the WES project owner. The project owner is
responsible to the ECounty for any costs related to decommissioning that exceed the amount of
financial surety.
jZLAs part of the decommissioning plan, the applicant shall submit a fully inclusive estimate of the
costs associated with removal, accounting for reasonable salvage value of any applicable project
materials and equipment, prepared by a qualified professional. The decommissioning plan shall
provide that the decommissioning funds shall be reevaluated every five years from the date of
substantial completion of the WES to ensure sufficient funds for decommissioning and, upon
mutual agreement by the applicant and the eCounty at that time, the amount of
decommissioning funds shall be adjusted accordingly.
(3) Prior to permit issuance, the applicant shall provide the ECounty with a copy of the financial
surety device or another approved mechanism.
Chapter 20.80 Supplementary Requirements
20.80.300 Landscaping.
20.80.375 Installation and bonding.
All landscaping and required irrigation shall be installed prior to occupancy. The eCounty may accept fee
a security consistent with WCC
22.05.134 (Security Mechanismsasappreved by the PFOseGuting att,,.. e y ;r lieu of ;.....,edlat
ma*ntainpni on, a healthy, grOWmRg 69AGlitiBR, and if any dead OF dying plants have beeR repla
Chapter 20.85 Planned Unit Development (PUD)
20.85.375 Enforcement.
After final review and approval, as provided by WCC 20.85.365 herein, the ZGRiRg adwdRistFatef[Director
shall enforce, or cause to be enforced, the provisions of this chapter as follows:
(3) Security. In the , nt Of RQAeGFRPlianEe with the terms of this , haptef- «The
Director may require the applicant to furnish a security consistent with WCC 22.05.134 (Security
Mechanisms)
37
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
TITLE. 21 LAND DIVISION REGULATIONS
Chapter 21.04 Short Subdivisions
21.04.140 Security.
As an alternate to complete installation of required improvements, the su(adiyi&4�applicant may elect
propose to post securities consistent with WCC 22.05.134 (Security Mechanisms), '
guaFaRteeing pletiGR of the weFk No occupancy permit, final inspection, or use of the lot(s) created
by a short subdivision shall be issued or allowed until all necessary infrastructure improvements as
specified by this title have been met.
Chapter 21.06 Final Long Subdivisions
21.06.040 Security.
As an alternate to complete installation of required improvements, the applicant may elect -propose to
post securities consistent with WCC 22.05.134 (Security Mechanisms),
No occupancy permit, final inspection, or use of the lot(s)
created by a subdivision shall be issued or allowed until all necessary infrastructure improvements as
specified by this title have been met.
Chapter 21.08 General And Specific Binding Site Plans
21.08.030 Security.
As an alternate to complete installation of required improvements, the applicant may eleet-propose to
post securities consistent with WCC 22.05.134 (Security Mechanismsl.
,plet;eA of the ,.,,,.k. No occupancy permit, final inspection, or use of the lot(s) created by a binding
site plan shall be issued or allowed until all necessary infrastructure improvements as specified by this
title have been met.
12) Clarify the obligations of property owners, occupants, and applicants for development
activities
Most codes these days specify that it's the owners'/occupants'/applicants' obligation to (1) show how
they meet the code when applying for permits; (2) provide accurate information; and (3) grant access to
the subject property for inspection. Though it is implied, ours does not. PDS suggests the following
section clarifying these obligations be added to Title 22.
38
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
TITLE 22 LAND USE AND DEVELOPMENT
Chapter 22.05 Project Permit Procedures
22.05.014 Obligations of Property Owner, Occupant, and Applicant.
(1) It is the intent of this Title to place the obligation of complying with the requirements of this Title,
Title 15 (Buildings and Construction), Title 16 (Environment), Title 20 (Zoning), Title 21 (Land
Divisions), Title 23 (Shoreline Management Program), and all other applicable laws and regulations
upon the owner, and jointly and severally upon the occupant of the land and buildings within its
scope.
(2) It is the responsibility of an applicant to provide accurate and complete information and plans to
comply with the requirements of the cited Titles and all applicable laws and regulations. The County
is not responsible for the accuracy of information or plans provided to the County for review or
approval.
(3) The Department, or any other County department reviewing an application, may inspect any
development activity to enforce the provisions of this title. By submitting an application to the
County, the applicant consents to entry upon the site by the County during regular business hours
for the purpose of making reasonable inspection to verify information provided by the applicant and
to verify that work is being performed in accordance with the approved plans and permits and the
requirements of this Title. Consent to entry extends from the date of application to the date of final
action by the County.
13) Clarify that exceeding permit review timeframes does not construe either approval or
denial of a permit.
Though it should go without saying, a permit is neither approved nor denied if the County exceeds
codified permit review timeframes. Nonetheless, it is recommended that we add the following section
so as to make it clear. (Note that there is an exception for wireless facilities, our rules for which are
preempted by Federal law.)
TITLE 22 LAND USE AND DEVELOPMENT
Chapter 22.05 PROJECT PERMIT PROCEDURES
22.05.130 Permit Review Timeframes.
(4) The provisions of this Section notwithstanding, the failure to issue a final decision within the
timeframes specified shall not be considered an implicit approval or denial of the development
permit, nor shall it be reason in and of itself for the County to be liable for damages for failure to
meet the specified time frames.
(a) Exception. Eligible facility reauests for personal wireless service facilities shall be governed by
WCC 22.05.130(1)(d).
39
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
14) (POLICY CHANGE) Allow Transfer of Development Rights (TDR) Receiving Areas in Urban
Growth Areas (UGAs) only
The County's TDR program allows for the transfer of development rights from one property to another
under certain circumstances "to provide flexibility and better use of land and building techniques; to
help preserve critical areas, watersheds, and open space; to provide more equalization of property
values between various zones than would normally be the case; and to work toward achieving county-
wide land use planning goals." (WCC 20.89.010)
Sending and receiving areas (where development rights are moved from and to) are designated by
Council as described in WCC 20.89.040 (Sending Areas) and WCC 20.89.050 (Receiving Areas) and as
shown on the Official Zoning Map.
Council can designate new areas through a code amendment, though there are few criteria for doing so.
It has come to our attention that allowing the transfer of development rights (i.e., density) from one
rural area to another wouldn't really serve the purpose of protecting rural character by encouraging
higher densities in those areas planned for higher densities (i.e., in cities or UGAs). Therefore, staff
proposes some amendments to this chapter, as shown below. Most of the amendments just fix
grammar and code structure. The one policy change would be that shown in §20.89.050(2)(a), which
would require that receiving areas be in UGAs or cities, which is consistent with Dept. of Commerce
guidance (https:/Ideptofcommerce.app.box.com/s/pbi8ghaimcv60n6u5raztdwO28htiimc).
TITLE 20 ZONING
Chapter 20.89 eewsity-Transfer of Development Rights :z
20.89.010 Purpose.
The purpose of this chapter is to establish procedures for the transfer of development rights from one
property to another. Where the applicable Comprehensive Plan policies and an appropriate overlay
zone-, or zoning map designation, provide the option for transfer of development rights (TDRs), the
rights shall be transferred consistent with the requirements of this chapter, and the requirements of the
sending axeaSand receiving areas as defined in this chapter and identified on the official Whatcom
County zoning map.
The transfer of development rights from one property to another is allowed in order to rotect rural
character by better concentrating density in cities and Urban Growth Areas; 1provide flexibility and
better use of land and building techniques; to help preserve critical areas, watersheds, and open space;
to provide more equalization of property values between various zones than would normally be the
case; and to work toward achieving county -wide land use planning goals, the objectives of subarea plans
and of this Jitle, and implementation of the goals, policies, and action plans of the Whatcom County
Comprehensive Plan.
20.89.040 Sending Areas.
(1) All sending areas shall be shown on the Official Zoning Map.
(2) New sending areas may be designated by the County Council through a Zoning Map amendment
(see WCC Chapter 22.10 (Legislative Action Procedures)).
40
Commented [CE53]: Added to support new policy
20.89.050(2)(a) (though this should have been the main reason
from the start).
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(3) $ending areas may be created in the Rural, Rural Residential, Rural Residential -Island, Eliza Island
Agriculture, Rural Forestry, Lake Whatcom Overlay, and Water Resources Protection Overlay
districts:.
sending areas- sueh RElditiARRI a-Feas may be approved only thiceugh the PFOe-ess established for
j4j_442- Urban Residential (UR) and Rural Residential (RR) Sending Areas. Parcels zoned UR or RR
within a designated sending area shall be granted certified TDR units based upon the official zone
density for parcels with public water and sewer, regardless of whether such services are currently
available to the subject parcel(s). Pei: puicizieses of deteitmining available T-DRs only, paFeels located
eF sewer, shall hp PPrtified TDR� based 6ipeR the effiGial zeRe deRSity fe� aR RR paFG@l that doe; hPv,-
20.89.050 Receiving Areas.
(1) All receiving areas shall be shown on the Official Zoning Map.
(2) New receiving areas maybe designated by the County Council through a Zoning Map amendment
(see WCC Chapter 22.10 (Legislative Action Procedures)). The designation of TDR receiving areas
shall be based on findings that:
Commented [CES4]: Added since the code didn't specify
where these can be. We have listed all rural and resource zones
where residential uses are allowed and from which we might want
\� density transferred_
Formatted: List Paragraph, Indent: Left: 0", Line spacing:
Multiple 1.15 11, Numbered + Level: 1 + Numbering Style: 1,
2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
(a) The area is within an Urban Growth Area or citvi. and thus appropriate for higher densities, Commented [LESS]: New policy consistent with :rate
(b) Is not limited by significant critical areas; and, guidance.
(c) Neighboring areas would not be significantly adversely impacted.
(3LG44e--In cooperation with Whatcom County, cities may designate additi w,@4-TDR receiving areas Formatted: Indent: Left: 0", Line spacing: Multiple 1.15 li,
within their jurisdictional boundaries for the purposes of receiving transferred densitiesPUFto Numbered Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + start
at: 1 +Alignment: Left +Aligned at: 0.25" +indent at:
this GhapteF•
based upon findings that the aFea�sille 15 appFOPFiate f9F higheF Fesidential densities, is Rat limited
Commented [CES6]: Incorporated into 20.89.050(2)
When using TDR units in a receiving area, the purchase of TDRs shall not be
required until such time that the requirements of WCC 20.89.060 have been met, though they must
be ^' ^ " " "^ ^' �^ purchased TBRsprior to development
41
Exhibit A: 2022 Miscellaneous Code Amendments
Planning Commission Recommendation with Council edits
March 21, 2023
Commented [CE57]: One doesn't have to apply for a change in
urh «kme that the F qU:.,....eRtS Af terry on 99 ncn have L...... met zoning to use TORS in designated receiving areas, so this doesn't
' make sense.
!'L...ptei: 20 71 WGG- Commented [CFSS]: Proposed for deletion as It makes no
f 5j_-.05-2-Receiving Area Eligibility, sense. We can't have TORS transferred within or to an WRPO if
we're now saying receiving areas can only be in UGAs or cities, as
(1) Bellingham UGA Wharea Receiving Areas. Only development rights from the Lake Whatcom on: of the WRPO is. Additionally, I'm not sure how one transfers
impervious surfaces, and 20.71 doesn't speak to it.
sending area may be transferred to receiving areas within the Bellingham Urban FriDgestbafea.
Formatted: List Paragraph, Indent: Left: 0", Line spacing:
(2) Birch Bay UGA Subarea Receiving Areas. Development rights from any sending area may be Multiple 1.15 li, Numbered + Level: 1 + Numbering Style: 1,
transferred to receiving areas within the Birch Bay subarea. 2, 3, ... + Start at: 1 + Alignment: Left+ Aligned at: 0.25" +
Indent at: 0.5"
15) Fixing a consistency error overlooked in Ordinance 2022-061
On 9/27/2022 Council adopted Ordinance 2022-061, amending the Lake Whatcom Overlay and the
Water Resources Protection Overlay districts. Though part of the intent was to standardize and clarify
some of the language between the two districts, staff overlooked one section: That governing seasonal
clearing activity limits. While the text of §20.51.410 (LWOD) was amended, the same language found in
§20.80.735 (WRPO) was not. Staff proposes to rectify this oversight by amending §20.80.735 in same
manner. This does not change policy; it only clarifies the language.
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.735 Water resource special management areas.
(2) Within water resource special management areas, clearing activity must conform to the following
conditions:
(d) Seasonal Clearing Activity Limitations. In the Lake Samish and Lake Padden watersheds,
clearing activity, as defined in WCC Chapter 20.97,0-54, or forest practices regulated by
Whatcom County that will result in land disturbance . exceeding 500 square feet
shall oet-be prohibited pefn tted-from October 1" through May 31"; provided, that:
(i) In addition to the clearing activities exempted under WCC 20.80.733, the Director may
approve an exemption to this requirement for the following activities:
(A) Routine maintenance and repair of erosion and sediment control measures;
(B) Activities located at or waterward of the ordinary high-water mark subject to state,
federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) requirements,
including commencement of clearing activity during the wet season, as defined in
subsection (1)(a)(ii) of this section, for purposes of minimizing surface water disturbance
and site inundation by high water or wave action;
(C) Activities necessary to address an emergency that presents an unanticipated and
imminent threat to public health, safety, or the environment that requires immediate
42
Exhibit A: 2022 Miscellaneous Code Amendments
Planning Commission Recommendation with Council edits
March 21, 2023
action within a time too short to allow full compliance with this section. Upon
abatement of the emergency situation, the clearing activity shall be reviewed for
consistency with this chapter and may be subject to additional permit requirements;
provided, that the applicant shall make a reasonable attempt to contact the Director
prior to the activity. When prior notice is not feasible, notification of the action shall be
submitted to the Director as soon as the emergency is addressed and no later than two
business days following such action. Emergency construction does not include
development of new permanent protective structures where none previously existed.
(ii) To ensure compliance with this section, the Director shall not issue
development permits requiring more than 500 square feet of land disturbance located
within the Lake Samish or Lake Padden watersheds from September 15r" through May
311 ith:., two weeks . r tG the ...ateFshp d 9PAqGARI 6I0410P OF; n..r..heF I
(iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the
maximum extent practicable. The Director shall have the authority to condition an exempt
activity to ensure that temporary erosion and sediment control measures will be
implemented.
(iv) An exemption from the seasonal land clearing requirements of this section does not grant
authorization for any work to be done in a manner that does not comply with other
provisions of this chapter or other applicable development regulations.
(e) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a
water resource special management area, the total fine assessment shall be increased to 150
percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and
Penalties.
43
Commented [CE59]: Wrong reference. 2e is about
enforcement; this statement is about complying with (d).