HomeMy WebLinkAboutord2023-036' Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2023-356
File ID: AB2023-356 Version: 1 Status: Adopted
File Created: 05/19/2023 Entered by:
Department: File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 06/20/2023
Agenda Date: 06/20/2023 Enactment #: ORD
2023-036
Primary Contact Email: maamot@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting Zoning Code amendments relating to density, lot size, setbacks, public water
and sewer, and reasonable measures for the Birch Bay UGA
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance adopting Whatcom County Zoning Code amendments to the text of the Urban
Residential District (WCC 20.20), Urban Residential Medium Density District (WCC 20.22),
Urban Residential Mixed District (WCC 20.24), General Commercial District (WCC 20.62),
Resort Commercial District (WCC 20.64), Supplementary Requirements (WCC 20.80), and
Definitions (WCC 20.97). The text amendments include (in certain specified zoning districts)
allowing smaller minimum lot sizes, requiring minimum net densities, requiring public water
and sewer, and reducing setbacks. The proposed amendments also define "minimum net
density." The proposed amendments constitute "reasonable measures" for the Birch Bay Urban
Growth Area under the Buildable Lands Program, but also apply to other areas of the County.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
06/06/2023 Council INTRODUCED FOR Council
PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
06/20/2023 Council ADOPTED
Whatcom County Page 1 Printed on 612112023
Agenda Bill Master Report Continued (AB2023-356)
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Attachments: Staff Memo, Draft Ordinance, Planning Commission Findings
Whatcom County Page 2 Printed on 612112023
5-19-2023
PROPOSED BY: Planning & Development Services
INTRODUCTION DATE: 06/06/2023
ORDINANCE NO. 2023 - 036
ADOPTING ZONING CODE AMENDMENTS RELATING TO DENSITY,
LOT SIZE, SETBACKS, AND PUBLIC WATER & SEWER AND
REASONABLE MEASURES FOR THE BIRCH BAY UGA
WHEREAS, The Whatcom County Planning Commission held a public hearing
and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered Planning Commission
recommendations; and
WHEREAS, The County Council held a public hearing; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. The subject proposal includes the following amendments to the Official
Whatcom County Zoning Ordinance (Title 20):
a. Deleting a statement defining "minimum density" and making other
amendments to the Urban Residential District (WCC 20.20);
b. Amending the density, minimum lot size, and other provisions in the
Urban Residential - Medium Density District (WCC 20.22);
c. Deleting a statement defining "minimum density" and making other
amendments to the Urban Residential Mixed District (WCC 20.24);
d. Amending the density, public water and sewer, and other provisions in the
General Commercial District (WCC 20.62);
e. Amending the density, minimum lot size, public water and sewer, and
other provisions in the Resort Commercial District (WCC 20.64);
f. Amending the setback requirements for the Resort Commercial District in
the Supplementary Requirements (WCC 20.80); and
g. Adding a definition of "Minimum net density" (WCC 20.97).
Page 1 of 6
2. A Determination of Non -Significance was issued by the SEPA Responsible
Official on April 11, 2023 (File # SEPA2023-00027).
Notice of the Planning Commission hearing for the subject amendments was
published in the Bellingham Herald on April 28, 2023.
4. Notice of the Planning Commission hearing for the subject amendments was
posted on the County website on April 26, 2023.
Notice of the Planning Commission hearing was sent to the County's e-mail
list on April 28, 2023.
6. The Planning Commission held a public hearing on the subject amendments
on May 11, 2023.
7. In order to approve an amendment to the development regulations, the
County must find that the amendment is consistent with the comprehensive
plan (WCC 22.10.060(2)).
8. Whatcom County Comprehensive Plan policies relating to urban growth
include:
Policy 2A-1: Concentrate urban levels of development within designated
urban growth areas.
Policy 3C-6: In UGAs, consider easing lot consolidation criteria, increasing
density, and decreasing minimum lot sizes, in the interest of
serving housing affordability.
Policy 3G-4: Allow development of smaller lots and creative options.
9. The State Department of Commerce Housing Memorandum: Issues Affecting
Housing Availability and Affordability (June 2019) identifies "Reasonable
Measures as Tools for Increasing Housing Availability and Affordability"
including:
Allow or require small lots (5,000 square feet or less) for single-family
neighborhoods within UGAs. Small lots limit sprawl, contribute to the
more efficient use of land, and promote densities that can support
transit. Small lots also provide expanded housing ownership
opportunities to broader income ranges and provide additional variety
to available housing types (p. 116).
Page 2 of 6
10. Whatcom County Comprehensive Plan Goal 2P states:
... The County should approve new residential developments at
overall average net densities as shown below, while respecting unique
characteristics of each community:
Birch Bay - five to ten units per net acre .. .
11. The Birch Bay Urban Growth Area (UGA) includes land zoned Urban
Residential Medium Density (URM). The URM-6 zone does not require a
minimum net density for residential development. Therefore, development
can occur below the Comprehensive Plan goal of 5 to 10 units/acre. For
example, between 2016 and 2021, the achieved net density for the URM-6
zone in the Birch Bay UGA was 3.3 units/acre for single family development
(Buildable Lands Report 2022 Whatcom County Review and Evaluation
Program, Revised February 27, 2023, p. 49). Requiring residential units to
be developed at a minimum densities in the URM-6 zone is consistent with
and will implement Whatcom County Comprehensive Plan Goal 2P.
12. The Birch Bay UGA includes land zoned General Commercial (GC). The GC
zone does not require a minimum net density for residential development.
Therefore, development can occur below the Comprehensive Plan goal of 5 to
10 units/acre. Requiring residential units to be developed at a minimum
densities in the GC zone is consistent with and will implement Whatcom
County Comprehensive Plan Goal 2P.
13. The Birch Bay UGA includes land zoned Resort Commercial (RC). The RC
zone does not require a minimum net density for residential development.
Therefore, development can occur below the Comprehensive Plan goal of 5 to
10 units/acre. Requiring residential units to be developed at a minimum
densities in the RC zone is consistent with and will implement Whatcom
County Comprehensive Plan Goal 2P.
14. A definition of "Minimum net density" will be inserted in WCC 20.97. That
definition will calculate minimum number of dwelling units per net acre after
deducting areas within the 100-year floodplain, areas restricted from
development by critical area buffers or shoreline setbacks, and areas used
for common facilities such as road rights of way or easements, utility
easements, stormwater facilities, parks, and common open space and land
devoted to commercial uses in a mixed use development.
15. The "Setback Table" in the Zoning Code requires a 5' side and rear yard
setback in the Resort Commercial District (WCC 20.80.210(5)(b)). However,
there are special provisions in the Zoning Code that modify these setbacks
under certain circumstances, including WCC 20.80.253(4)(b) that requires
"Side and rear yard setbacks for multifamily housing, recreational vehicle
parks, and mobile home parks shall be 20 feet."
Page 3 of 6
16. There are a variety of uses in the Resort Commercial District that are not
subject to the 20' side yard setback including but not limited to: Retail and
office uses, restaurants, hotels, motels, single family homes, fire stations,
community centers, schools, and retirement homes. It's unclear why
multifamily housing, RV parks, and mobile home parks were singled out for a
larger setback under WCC 20.80.253(b). Given that other uses that could
have greater height are not included and that uses with lesser height (RV
and mobile home parks) are included, it does not appear that this provision
was intended to address view protection.
17. The subject amendments delete WCC 20.80.253(b) that require "Side and
rear yard setbacks for multifamily housing, recreational vehicle parks, and
mobile home parks shall be 20 feet." WCC 20.80.950 (Mobile home park
standards) and WCC 20.80.955 (RV Park Standards) also require a 20'
setback for these uses. Therefore, the effect of would be to eliminate the 20'
setback for multifamily housing.
18. The subject amendments apply to the Birch Bay UGA and other areas of the
County. These amendments further the Whatcom County Comprehensive
Plan goals and policies by concentrating urban levels of growth in UGAs,
allowing increased density, and allowing smaller lots in UGAs.
19. Whatcom County and the cities revised the Buildable Lands Report 2022 -
Whatcom County Review and Evaluation Program on February 27, 2023.
This Report was issued pursuant to RCW 36.70A.215, the "Review and
Evaluation Program" requirements of the Growth Management Act (GMA).
20. The Buildable Lands Report 2022 - Whatcom County Review and Evaluation
Program shows that reasonable measures are needed for the Birch Bay UGA.
21. Specifically, the Buildable Lands Report 2022 - Whatcom County Review and
Evaluation Program states:
... Residential development in the Birch Bay UGA between 2016 and
2021 has occurred at an overall net density less than anticipated in the
Whatcom County Comprehensive Plan. Additionally, there is not
enough capacity in the Birch Bay UGA, with current density
assumptions, to accommodate the projected residential growth in the
remaining portion of the planning period (between 2021 and 2036).
The single family unit capacity in the Birch Bay UGA is insufficient to
accommodate the estimated dwelling units needed between 2021 and
2036. Therefore, reasonable measures are appropriate... (p. 52).
Page 4 of 6
22. The GMA, at RCW 36.70A.215(1)(b) states:
... Reasonable measures are those actions necessary to reduce the
differences between growth and development assumptions and targets
contained in the countywide planning policies and the county and city
comprehensive plans with actual development patterns...
23. The Buildable Lands Report 2022 - Whatcom County Review and Evaluation
Program states that:
... potential reasonable measures the County may consider for the
Birch Bay UGA include:
• Increasing the minimum net residential density and/or adopting
maximum lot size in the UR4 zone (WCC 20.20);
• Adopting minimum net residential density requirements and/or
maximum lot size in the URM6 zone (WCC 20.22);
• Adopting minimum net residential density requirements and/or
maximum lot size in the GC zone (WCC 20.62); and/or
• Adopting minimum net residential density requirements and/or
maximum lot size in the RC zone (WCC 20.64)... (pp. 53 and 54).
24. The subject amendments constitute "reasonable measures" for the Birch Bay
UGA under RCW 36.70A.215.
CONCLUSION
The subject Whatcom County Zoning Code text amendments are consistent with
the approval criteria of WCC 22.10.060(2).
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Urban Residential District (WCC 20.20) is hereby amended as
shown on Exhibit A.
Section 2. The Urban Residential - Medium Density District (WCC 20.22) is
hereby amended as shown on Exhibit B.
Section 3. The Urban Residential Mixed District (WCC 20.24) is hereby amended
as shown on Exhibit C.
Page 5 of 6
Section 4. The General Commercial District (WCC 20.62) is hereby amended as
shown on Exhibit D.
Section 5. The Resort Commercial District (WCC 20.64) is hereby amended as
shown on Exhibit E.
Section 6. The Supplementary Requirements (WCC 20.80) are hereby amended
as shown on Exhibit F.
Section 7. The Definitions (WCC 20.97) are hereby amended as shown on
Exhibit G.
Section 8. Adjudication of invalidity of any of the sections, clauses, or
provisions of this ordinance shall not affect or impair the validity of the
ordinance as a whole or any part thereof other than the part so declared to be
invalid.
ADOPTED this 20th day of June , 2023.
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APPROVED as to form:
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Civil Deputy Prosecutor
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Page 6 of 6
Adopted June 20, 2023
Exhibit A
Whatcom County Zoning Code Amendments
Amend the Urban Residential District text (WCC 20.20) as follows:
20.20.252 Density requirements, minimum lot size and maximum lot size.
Maximum
Minimum Lot Size
Lot Size
Min. Reserve
Conventional
Cluster
Cluster
Area (Cluster
District
Density Requirements
Lots
Subdivisions)
UR: all densities without
Maximum gross density: 1
N/A*
8,000 sq.
22,000
80%
public sewer and water
dwelling unit/10 acres
ft.
sq. ft.
UR: in Lake Whatcom
Maximum density: 1 dwelling
5 acres
N/A
N/A
N/A
Watershed with public
unit/5 acres
sewer and water, and
stormwater
management facilities
UR-3: with public sewer
Maximum gross density: 3
12,000 sq. ft.
8,000 sq.
N/A
25%
and water, and
dwelling units/1 acre
ft.
stormwater
management facilities
UR-4: with public sewer
Maximum gross density: 4
5,000 sq. ft.
4,000 sq.
N/A
20%
and water, and
dwelling units/1 acre
ft.
stormwater
management facilities
Minimum net density: 4
dwelling units/1 acre
UR-4: in the Birch Bay
Maximum gross density: 5
4,500 sq. ft.
3,500 sq.
N/A
20%
Urban Growth Area
dwelling units/1 acre
ft.
with public sewer and
water, and stormwater
management facilities,
when density credits
Adopted June 20, 2023
Maximum
Minimum Lot Size
Lot Size
Min. Reserve
Conventional
Cluster
Cluster
Area (Cluster
District
Density Requirements
Lots
Subdivisions)
are purchased pursuant
Minimum net density: 5
to WCC 20.91.020(2)
dwelling units/1 acre
UR-6: with public sewer
Maximum gross density: 6
4,000 sq. ft.
3,000 sq.
N/A
20%
and water, and
dwelling units/1 acre
ft.
stormwater
management facilities
Minimum net density: 6
dwelling units/1 acre
* For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the
conventional minimum lot size shall be 10 acres.
(Ord. 2021-059 § 2 (Exh. B); Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-
071 § 2 (Exh. B), 2009; Ord. 2009-024 § 1 (Exh. A), 2009; Ord. 2008-036 Exh. A, 2008; Ord. 2007-050 § 1
Exh. A, 2007; Ord. 2007-048 § 2 Exh. B, 2007).
Adopted June 20, 2023
Exhibit B
Whatcom County Zoning Code Amendments
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Amend the Urban Residential - Medium Density District text (WCC 20.22) as follows:
20.22.251 Minimum lot size.
For the purpose of creating new building lots within the Urban Residential Medium Density District,
several land use densities are herein provided. The minimum lot size requirements for new construction
vary according to whether or not public sewer and water serve the project site and whether or not
transferable development rights are used. The minimum lot size shall be 10 acres or, if public sewer and
water are provided, the minimum lot size shall be consistent with WCC 20.22.252. (Ord. 2009-071 § 2
(Exh. B), 2009; Ord. 2004-021 § 1, 2004; Ord. 87-12, 1987; Ord. 87-11, 1987).
20.22.252 Density requirements and minimum lot size — General.
(1)
Maximum Lot
Minimum
Size
Reserve
Minimum
Area
Clustered
Lot Size —
Minimum Lot
(Cluster
District
Density Requirements
Conventional
Size — Cluster
Lots
Divisions)
URM: all densities without public
Maximum density: 1
N/A*
7,200 sq. ft.
22,000 sq. ft.
80%
sewer and water
dwelling unit/10 acres
URM-6: with public sewer and
Maximum gross density:
3,500 sq. ft.
2,500 sq. ft.
N/A
20%
water, and stormwater collection
6 dwelling units/acre
and detention facilities
Minimum net density: 6
dwelling units/acre
URM-18: with public sewer and
Maximum density: 18
2,000 sq. ft.
N/A
N/A
N/A
water, and stormwater collection
dwelling units/acre
and detention facilities
Adopted June 20, 2023
Maximum Lot
Minimum
Size
Reserve
Minimum
Area
Clustered
Lot Size —
Minimum Lot
(Cluster
District
Density Requirements
Conventional
Size — Cluster
Lots
Divisions)
Minimum net density: 8
dwelling units/acre
URM-24: with public sewer and
Maximum density: 24
N/A
N/A
N/A
N/A
water, stormwater collection and
dwelling units/gross acre
detention facilities and, to obtain
a net density greater than 10
Minimum net density:
dwelling units per acre,
10 dwelling units/acre
transferable development rights
pursuant to the provisions of
Chapter 20.89 WCC and
subsection (4) of this section
* For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the
conventional minimum lot size shall be 10 acres.
(2) Where the lot clustering land division method is used, the minimum lot size is based on
consideration of the zoning district's setback requirements and the Whatcom County health code
regulations for sewage systems and drinking water, but shall not be less than that shown above. Where
a maximum lot size is imposed, clustered lots shall be as small as allowed by the health department.
(3) In the URM-24 Zones, transferable development rights (TDRs) must be used to achieve net densities
higher than 10 dwelling units/acre, pursuant to the provisions of Chapter 20.89 WCC, Density Transfer
Procedure. Each development right transferred may be used to develop three dwelling units in the
URM-24 zone. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2009-024 § 1
(Exh. A), 2009; Ord. 2008-036 Exh. A, 2008; Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A,
2005; Ord. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 20, 1998; Ord. 89-92, 1989; Ord. 84-38, 1984).
20.22.253 Maximum density and minimum lot size — Specific uses.
(1) Multifamily development as provided in WCC 20.22.050 shall have a minimum parcel size equal to
the gross density of the zone; provided, that under no circumstance shall the minimum parcel size be
less than 7,000 square feet.
(2) Mobile home parks shall have a density consistent with WCC 20.22.252(1) and a minimum net parcel
size of two acres. (Ord. 2004-021 § 1, 2004; Ord. 88-29, 1988).
2
Adopted June 20, 2023
Exhibit C
Whatcom County Zoning Code Amendments
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Amend the Urban Residential Mixed District text (WCC 20.24) as follows:
20.24.252 Density requirements and minimum lot size.
Maximum
Minimum Lot Size (sq.
Lot Size
Minimum
ft.)
(sq. ft.)
Reserve
Area
Clustered
(Cluster
District
Density Requirements
Conventional
Cluster
Lots
Divisions)
URMX: all densities without
Maximum density: 1
N/A*
4,000
22,000
80%
public sewer and water
dwelling unit/10 acres
URMX: all densities with public
Maximum density: 1
N/A*
4,000
22,000
80%
sewer or water
dwelling unit/10 acres
URMX: with public sewer and
Maximum gross
4,000
N/A
N/A
N/A
water, and stormwater collection
density: 10 dwelling
and detention facilities
units/1 acre
Minimum net density:
6 dwelling units/1
acre
URMX (6 — 10): with public sewer
Maximum gross
4,000
N/A
N/A
N/A
and water, and stormwater
density: 10 dwelling
collection and detention facilities
units/1 acre
Minimum net density:
6 units/1 acre
URMX (6 —12): with public sewer
Maximum gross
N/A
N/A
N/A
N/A
and water, and stormwater
density: 12 dwelling
collection and detention facilities
units/1 acre
Adopted June 20, 2023
Maximum
Minimum Lot Size (sq.
Lot Size
Minimum
ft.)
(sq. ft.)
Reserve
Area
Clustered
(Cluster
District
Density Requirements
Conventional
Cluster
Lots
Divisions)
Minimum net density:
6 units/1 acre
URMX (10 — 24): with public
Maximum gross
N/A
N/A
N/A
N/A
sewer and water, and stormwater
density: 24 dwelling
collection and detention facilities
units/1 acre
Minimum net density:
10 units/1 acre
* For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the
conventional minimum lot size shall be 10 acres.
(1) For development with densities over a zone's minimum net density, transferable development rights
(TDRs) from the Lake Whatcom watershed sending area must be used, pursuant to the provisions of
Chapter 20.89 WCC, Density Transfer Procedure. Each development right transferred from the Lake
Whatcom watershed may be used to develop three dwelling units in the UGA. TDRs must be used to
attain any density greater than the minimum net density of a zone. (Ord. 2020-045 § 1 Exh. A, 2020;
Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2009-024 § 1 (Exh. A), 2009;
Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-087 § 1, 1999; Ord. 97-046 § 2, 1997).
Adopted June 20, 2023
Exhibit D
Whatcom County Zoning Code Amendments
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Amend the General Commercial District text (WCC20.62) as follows:
.065 One single-family dwelling per lot of record subject to:
(1) Health department requirements regarding sewage disposal and water supply.
(2) Height regulations, lot coverage, open space, development standards and performance standards
shall be in accordance with the provisions of Chapter 20.20 WCC; except that side and rear yard
setbacks shall be 10 feet from vacant, adjacent, commercially zoned properties.
(3) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of
building permit issuance stating that the dwelling(s) is located in a General Commercial Zone and buyers
should be aware that commercial uses will be allowed on surrounding parcels and owners have no
grounds for protest.
(4) Such use requires a conditional use permit if located within airport overlay zone 2 or 3 as shown in
Whatcom County Comprehensive Plan Appendix H.
(5) Within the Columbia Valley Urban Growth Area, single-family dwellings are not permitted in the
General Commercial Zone.
(6) For the purpose of creating new building lots in the Birch Bay UGA, single family dwellings shall have
a minimum net density of seven units per acre and be served by public water and sewer.
.066 Duplexes and multifamily dwellings not to exceed 18 units per gross acre subject to all of the
following requirements:
(1) Availability of adequate public sewer, public water, and appropriate storm water management
facilities.
(2) In the Birch Bay UGA, the minimum net density on the portion of the parcel being developed with
residential uses shall be eight dwelling units per acre.
(3) Provision of adequate right-of-way and street improvements to bring adjacent roadways up to
necessary standards.
(4) Height regulations, lot coverage, open space, development standards and performance standards
shall be in accordance with the provisions of Chapter 20.22 WCC.
Adopted June 20, 2023
(5) Site plan review shall be done by the technical review committee to ensure compliance with the
intent of the general development standards in WCC 20.62.650. Four or less units per acre are exempt
from this requirement.
(6) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of
building permit issuance stating that the dwelling(s) is located in a General Commercial Zone and buyers
should be aware that commercial uses will be allowed on surrounding parcels and owners have no
grounds for protest.
(7) Duplexes and multifamily dwellings shall not be located within airport overlay zone 2 or 3 as shown
in Whatcom County Comprehensive Plan Appendix H.
(8) Within the Columbia Valley Urban Growth Area, duplex and multifamily development shall not
occupy more than 25 percent of the total land area in the General Commercial Zone. This restriction
does not apply to dwellings located above ground -floor commercial development.
Adopted June 20, 2023
Exhibit E
Whatcom County Zoning Code Amendments
Amend the Resort Commercial District text (WCC 20.64) as follows:
20.64.050 Permitted uses.
.054 Residential type uses.
(1) One single-family dwelling per lot of record.
(2) One duplex per lot of record.
(3) Rooming houses accommodating eight or less nonfamily members.
(4) Multifamily dwellings containing eight or less sleeping units. In the Birch Bay UGA, public water and
sewer must serve the dwellings.
(5) One private, noncommercial, recreational vehicle and one accessory guest RV per lot; provided, that
the following minimum requirements and standards are met and/or followed:
(a) All recreational vehicles that remain on the site for more than 14 consecutive days shall be
connected to a permitted on -site sewage system or public sewer.
(b) Maximum length of stay of a recreational vehicle on a lot located outside of a recreational
vehicle park shall not exceed 120 days per calendar year; provided, that no accessory guest
recreational vehicle shall stay on the lot, for more than 14 consecutive days nor more than 30
days total per calendar year.
(c) All recreational vehicles shall be screened from neighboring properties not using RVs and
from public roads. Such screening may consist of landscaped buffer areas, suitable native
vegetation or a fence.
(d) Outside of an approved recreational vehicle park, lots shall not be leased or rented out on a
daily or overnight basis for recreational use.
(e) The locations of parked RVs on vacant lots shall observe normal building setback standards
for a single-family residence.
Adopted June 20, 2023
(f) All recreational vehicles shall be supported by their own wheels or camper jacks, and not be
fastened to accessory structures. Placement of a recreational vehicle on a foundation or
removal of the wheels of a recreational vehicle, except for temporary purposes for repair, is
prohibited.
(6) Boarding homes that are similar in size, facilities and occupancy to other residential structures
permitted in the zoning district.
20.64.150 Conditional uses.
.153 Residential type uses.
(1) Multifamily dwellings including residential condominiums totalling more than eight sleeping units. In
the Birch Bay UGA, public water and sewer must serve the dwellings.
(2) Mobile home parks. See WCC 20.80.950 for mobile home and recreational vehicle park standards.
(3) Rooming and boarding houses totalling more than eight sleeping units.
20.64.250 Minimum lot size.
Minimum lot size varies according to the availability of public water and/or public sewer. Where public
water service is not provided, the minimum parcel size shall be five acres. Where public water service is
provided but public sewer is not provided, the minimum parcel size shall be 18,000 square feet when
the conventional method is utilized and 15,000 square feet when the cluster method is utilized but may
be greater if the Whatcom County health department finds that conditions require the larger size. The
following lot sizes apply only where both public sewer and public water serve the project:
.251 Single-family dwellings shall have a minimum lot size of 3,000 square feet and duplexes shall have a
minimum lot size of 6,000 square feet.
.252 Multifamily dwellings including all condominiums except time share condominiums shall have a
minimum lot size of 8,000 square feet and shall have a site of at least 2,000 square feet for each
dwelling unit.
.253 Mobile home and recreational vehicle parks shall have a minimum size of at least 3,000 square feet
for each space.
.254 Hotels and motels and time share condominiums shall have a minimum lot size of 8,000 square feet
and shall have a site of at least 1,600 square feet for each sleeping unit.
.255 Nonhabitation commercial uses shall have a minimum lot size consistent with the area required to
meet the building setback, lot coverage and development standards of this district. (Ord. 2012-032 § 2
Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2005-037 § 1 Exh. A, 2005; Ord. 2001-024 § 1, 2001;
Ord. 88-93, 1988).
Adopted June 20, 2023
20.64.260 Density requirements.
Maximum gross density varies according to the availability of public water and/or public sewer. Where
public water service is not provided, the maximum density for dwelling units, or dwelling unit equivalent
as determined by the Whatcom County health department, shall be one dwelling/five acres. Where
public water service is provided but public sewer is not provided, the maximum density for dwelling
units, or dwelling unit equivalent as determined by the Whatcom County health department, shall be
two per acre unless the health department finds that conditions require a lower density. The following
densities apply only where both public sewer and public water serve the project:
.261 Single-family dwellings and duplexes shall not exceed a maximum gross density of seven units per
acre. Single-family dwellings and duplexes shall have a minimum net density of seven units per acre in
the Birch Bay UGA.
.262 Multifamily dwellings including all condominiums except time share condominiums shall not
exceed a maximum gross density of 22 units per acre. Multifamily dwellings including all condominiums
(except time share condominiums) that are not in a mixed -use development shall have a minimum net
density of 10 dwellings per acre in the Birch Bay UGA.
.263 Mobile home parks shall not exceed a maximum gross density of seven units per acre. Mobile
home parks shall have a minimum net density of seven units per acre the Birch Bay UGA.
.264 Recreational vehicle parks shall not exceed a density of 15 units per acre.
.265 Nonresort-oriented hotels and motels shall not exceed a floor area ratio (FAR) of .60.
.266 Resort -oriented hotels and motels including time share condominiums shall not exceed a floor area
ratio (FAR) of .56.
.267 Nonhabitation commercial uses shall not exceed a floor area ratio (FAR) of .70. (Ord. 2017-062 § 1
Exh. A; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2005-037 § 1 Exh. A, 2005; Ord. 2001-024 § 1, 2001; Ord.
88-93, 1988).
20.64.270 Density, lot size and lot configuration by method of subdivision.
(Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2005-037 § 1 Exh. A, 2005).
3
Adopted June 20, 2023
20.64.271 Density requirements and minimum lot size.
Minimum Lot Size
Min. Reserve
Area (Cluster
_
District
Density Requirements
Conventional
Cluster
Subdivisions)
RC: without public water
Maximum gross density:
5 acres
Not
Not
1 dwelling unit/5 acres
applicable
applicable
RC: with public water but without
Maximum gross density:
18,000 sq. ft.
15,000 sq.
10%
public sewer
2 dwelling units/1 acre
ft.
RC: with both public sewer and
Maximum gross density:
3,000 to 8,000
Not
Not
water and stormwater
7 to 22 dwelling
sq. ft.
applicable
applicable
management facilities
units/acre
(WCC
Minimum net density: 7
20.64.250)
to 10 dwelling units/acre
(WCC 20.64.260)
(Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2005-037 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 53, 1998; Ord. 88-
93, 1988).
4
Adopted June 20, 2023
Exhibit F
Whatcom County Zoning Code Amendments
Amend the Supplementary Requirements text (WCC 20.80) as follows:
20.80.253 Commercial districts.
(1) Neighborhood Commercial District. Setbacks for those parcels situated adjacent to Urban
Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to
WCC 20.60.550 (Buffer area).
(2) General Commercial District. Setbacks for those parcels situated adjacent to Urban Residential, Rural
Cluster Development and Rural Zone Districts shall be administered pursuant to WCC 20.62.550 (Buffer
area).
(3) Tourist Commercial District.
(a) Setbacks for those parcels situated adjacent to Urban Residential, Urban Residential Medium
Density, Residential Rural and Rural Zone Districts shall be administered pursuant to
WCC 20.63.550 (Buffer area).
(b) Setback requirements for recreational vehicle parks shall be 30 feet for side and rear yards.
(c) Front yard setback requirements for service islands of service stations shall be 25 feet to the center
line of the driveway of the closest service island.
(4) Resort Commercial District.
(a) Except for single-family residences, when a parcel situated within this district adjoins an Urban
Residential, Urban Residential Medium Density, Residential Rural, or Rural district, the project shall also
meet the requirements of WCC 20.64.550 (Buffer area).
(b) For recreational vehicle parks and resort -oriented hotels and motels, front yard setbacks shall be 45
fe et.
(c) For non -resort oriented hotels and motels and nonhabitation commercial development, side yard
setbacks shall be zero feet and rear yard setbacks shall be 10 feet.
(d) Commercial uses shall be allowed to reduce the front yard setback to 15 feet and the side yard
setback to zero feet where the site and landscape plans promote pedestrian access to the building.
(e) For internal lots in a single-family development, the side yard setback may be reduced to zero feet
when the lot line setback on the opposite side yard is 10 feet; however, side yard setbacks adjacent to
Adopted June 20, 2023
parcels not being developed under this exception shall be those provided in WCC 20.80.200 (Setback
requirements).
(f) An additional five feet shall be added to each side and rear yard for each 10 feet of building height, or
fraction thereof, in excess of 15 feet. (Ord. 2020-045 § 1 Exh. A, 2020; Ord. 99-080, 1999).
Adopted June 20, 2023
Exhibit G
Whatcom County Zoning Code Amendments
Amend the Definitions text (WCC20.97) as follows:
20.97.240.1 Minimum net density.
"Minimum net density" means the fewest number of residential units per acre that must be constructed
or lots per acre that must be created in a short plat, subdivision or phased subdivision on the buildable
area of a parent parcel within a land division. Minimum net density is calculated as the number of
dwelling units per net acre after deducting land within the 100-year floodplain, land restricted from
development by critical area regulations (including buffers) and shoreline regulations (including
setbacks), land used for common facilities in the land division such as road rights of way or easements,
utility easements, stormwater tracts, parks, open space tracts, and land devoted to non-residential land
uses in a mixed use development (e.g. commercial uses).