HomeMy WebLinkAboutord2023-018�GOM Co`
P y
�q`SHING�o�
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:
03/07/2023 Council
03/21/2023 Council
Action:
Sent To:
WITHDRAWN
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
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.
5. 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 CbUNCl( �..,
WHATCOM COUNTY, V1/ASIOk
> r
s
ATTEST' 0 t
Dana Brown 68yis, Council Clerk Barry Buhanan, Council Chair
APPROVED as to form:
/s/Royce Buckingham approved via email on 3/6/2023
Royce Buckingham, Civil Deputy Prosecutor
Approved ( ) Denied
f4 @,
Satpal Sidhu, E cutive
Date: + 1 aki-
Page3 of 3
Exhibit A: 2022 Miscellaneous Codt
Amendments
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.
(3) The Hearing Examiner shall have the authority to grant a variance from the height limits of
subsection (1).
(a) The variance application shall be accompanied by letters from both the Federal Aviation
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 agency responds to a written request by the applicant to evaluate the
proposal within 45 days, the variance application may be submitted without the evaluation(s)
required.
(b) The variance criteria of WCC 22.05.024 shall not apply. Such variances may be granted if the
Hearing Examiner finds that:
i. 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.
(c) No variance shall be granted that authorizes a use that is not allowed by the underlying zoning.
Chapter 20.82 Public Utilities
20.82.020 Permitted uses.
.023 Water storage tanks owned and operated by a public utility; 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 for a singular use or
property and maintained by the property owner(s) is considered an accessory use to the primary
permitted or conditionally permitted use that is to be protected by fire flow supplied from the tank and
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
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
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
Chapter 20.97 Definitions
20.97.272 Nonindustrial buildings.
"Nonindustrial buildings" means those buildings allowed within an Industrial District that house uses
other than industrial.
TITILE 21) r
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
(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.
2
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
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 for personal recreational boats and trailers, recreational type vehicles,
and accompanying equipment; provided, that:
(1) Security for the site shall be provided by the applicant;
(2) No engine repairs or oil changes shall be made on the subject site;
(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 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.
.203 Self-service storage facilities
totaling 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
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(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
22.05 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
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) Self-service storage facilities.
4
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
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.
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
50% of front yard setbacks. All such propane tanks shall be:
(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, HVAC equipment placed
adjacent to the primary structure and extending no more than 3 feet into the 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
yard; and fences, walls, and vegetative hedges up to seven feet in height may be placed in the side
yard.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.254 Minimum lot width and depth.
District
Width at Street Line*
Width at
Bldg. Line
Minimum
Mean Depth
Conventional
Cluster
URM: all districts without public sewer and
water
300'
70'
80'
100'
URM: with public sewer and water
25'
25'
40'
50'
* The "Width at Street Line" standards do not apply to lots being modified through boundary line adjustment
(BLA), subject to WCC 21.03.060(2)(f).
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.360 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 9 feet in width and 18 feet in length;
provided, that for any parking area of six or more spaces, 50% of all spaces may have the rectangular
dimensions of 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 20.80.500 et seq.
Chapter 20.71 Water Resource Protection Overlay District
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 9 feet in width and 18 feet in length;
provided, that for any parking area of six or more spaces, 50% of all spaces may have the rectangular
dimensions of 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 20.80.500 et seq.
Chapter 20.80 Supplementary Requirements
20.80.500 Off-street parking and loading requirements.
20.80.510 Parking space dimensions.
(1) A parking space shall have minimum rectangular dimensions of not less than 9 feet in width and 18
feet in length; provided, however, that for any parking area of 12 or more spaces, 35% of all spaces
may have minimum rectangular dimensions of not less than 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.
0
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(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
Dimension
Diagram Location
Parking Angle
45°
60°
75°
1 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
19.0
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
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
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
14.1
Cross aisle, two-way
---
20.0
20.0
20.0
22.0
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 20 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 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.
(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 decision maker with jurisdiction.
Me 22 LAND USE AND INS ELO PMEN"I'
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 10% of a front yard setback;
(ii) Minor variances for reduction of critical area buffers pursuant to WCC 16.16.273.
(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.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
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).
TIT_E 0 Z0 N I N 6
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 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:
(i) Covered, lockable enclosures with permanently anchored racks for bicycles.
(ii) Lockable bicycle rooms with permanently anchored racks.
(iii) Lockable, permanently anchored bicycle lockers.
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(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)
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
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 by 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 following
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;
(iii) 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.
11
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
Table 20.80.910(3) Minimum Lot Size Required for an ADU
District
Attached ADUs
Detached ADUs
U R
N/A
N/A
URM
N/A
N/A
UR-MX
N/A
N/A
RR
N/A
4.5 ac
RR-1
4.5 ac
10 ac
R
N/A
4.5 ac
TZ
N/A
4.5 ac
AG
N/A
40 ac
RF
N/A
20ac
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 adjacent
properties and public rights -of -way, with location in immediate proximity to the primary
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
front yard for detached accessory dwelling units;
(ii) To minimize visual impacts fencing and/or landscaping to screen the unit from public
rights -of -way and/or adjacent properties may be required;
12
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(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 dwelling units, when consistent with WCC 20.80.910.
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:
.132 Accessory dwelling units, when consistent with WCC 20.80.910.
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 dwelling units, when consistent with WCC 20.80.910.
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 dwelling units, when consistent with WCC 20.80.910.
13
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning 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 dwelling units, when consistent with WCC 20.80.910.
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.
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 dwelling units, when consistent with WCC 20.80.910.
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 Accessory dwelling units, when consistent with WCC 20.80.910.
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 dwelling units, when consistent with WCC 20.80.910.
14
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 dwelling units, when consistent with WCC 20.80.910.
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 dwelling units, when consistent with WCC 20.80.910.
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 jurisdiction; 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,
15
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
environmental mitigation or improvements, installation of landscaping, the adherence to County
standards, and/or maintenance, repair, or replacement of such improvements.
(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.
(a) Except as provided in Subsection (c):
(i) 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.
(i) 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 may be reduced upon acceptance of a portion of the
16
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
required improvements. The amount of the reduction shall not exceed the percentage that the
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
sign 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 be set by the County Council in the Unified Fee Schedule.
(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
17
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
determines that the security agreement has not been complied with, he shall notify the
applicant of this. The notice must state:
(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,
NO 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'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.
(i) Performance bonds or other security 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.
18
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(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.
22.05.120 Recommendations and final decisions — Type IV applications.
(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) Securities may be required to ensure compliance with the conditions, modifications and
restrictions consistent with WCC 22.05.134 (Security Mechanisms).
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 security shall be provided consistent with WCC
22.05.134 (Security Mechanisms)
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 security consistent with WCC 22.05.134 (Security
Mechanisms). The 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 Security.
(1) As 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 costs of WES removal in
the event the County must remove the facility. Nothing may prevent the County from seeking
reimbursement from the WES project owner. The project owner is responsible to the County for
any costs related to decommissioning that exceed the amount of financial surety.
(2) As 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
19
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
substantial completion of the WES to ensure sufficient funds for decommissioning and, upon
mutual agreement by the applicant and the County at that time, the amount of
decommissioning funds shall be adjusted accordingly.
(3) Prior to permit issuance, the applicant shall provide the County 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 County may accept a
security consistent with WCC 22.05.134 (Security Mechanisms)
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 Director shall enforce, or
cause to be enforced, the provisions of this chapter as follows:
(3) Security. The Director may require the applicant to furnish a security consistent with WCC 22.05.134
(Security Mechanisms)a;
Chapter 21.04 Short Subdivisions
21.04.140 Security.
As an alternate to complete installation of required improvements, the applicant may 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 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 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.
20
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
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 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 binding site plan shall be issued or allowed until all necessary
infrastructure improvements as specified by this title have been met.
'14TFLE 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.
T#1 i{.,�E' 2; aANID LlS1", AN D EV1,,L0F1 Mj.NT
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 requests for personal wireless service facilities shall be governed by
WCC 22.05.130(1)(d).
21
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
7.0 ZONING
Chapter 20.89 Transfer of Development Rights
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 and 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 protect rural
character by better concentrating density in cities and Urban Growth Areas; 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 countywide land use planning goals, the objectives of subarea plans
and of this Title, 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)).
(3) Sending 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.
(4) 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).
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:
(a) The area is within an Urban Growth Area or city, and thus appropriate for higher densities,
(b) Is not limited by significant critical areas; and,
(c) Neighboring areas would not be significantly adversely impacted.
(3) In cooperation with Whatcom County, cities may designate TDR receiving areas within their
jurisdictional boundaries for the purposes of receiving transferred densities.
Pjpj
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(4) 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 prior to
development.
(5) Receiving Area Eligibility.
(1) Bellingham UGA Receiving Areas. Only development rights from the Lake Whatcom sending
area may be transferred to receiving areas within the Bellingham Urban Fringe.
(2) Birch Bay UGA Receiving Areas. Development rights from any sending area may be transferred
to receiving areas within the Birch Bay subarea.
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:
(b) Seasonal Clearing Activity Limitations. In the Lake Samish and Lake Padden watersheds,
clearing activity, as defined in WCC Chapter 20.97, or forest practices regulated by Whatcom
County that will result in land disturbance exceeding 500 square feet shall be prohibited from
October 15Y through May 315`; 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
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 151" through May 31'.
23
Exhibit A: 2022 Miscellaneous Code Amendments March 21, 2023
Planning Commission Recommendation with Council edits
(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.
(c) 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.
24