HomeMy WebLinkAboutord2023-042• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2023-397
File ID: AB2023-397 Version: 1 Status: Adopted
File Created: 06/08/2023 Entered by: CStrong@co.whatcom.wa.us
Department: Planning and File Type: Ordinance Requiring a Public Hearing
Development Services
Department
Assigned to: Council
Agenda Date: 07/25/2023
Primary Contact Email: cstrong@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 07/25/2023
Enactment #: ORD 2023-042
Ordinance amending Whatcom County Code Chapter 20.14, Wind Energy Systems, and Chapter
20.97, Definitions
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to Whatcom Code Chapter 20.14, Wind Energy Systems, and Chapter 20.97,
Definitions.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
06/20/2023 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Buchanan, Byrd, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
emp Absent: 1 Donovan
07/25/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 712612023
Agenda Bill Master Report Continued (AB2023-397)
Attachments: Staff Report, Proposed Ordinance, Exhibit A
Whatcom County Page 2 Printed on 712612023
PROPOSED BY: Planning and Development
INTRODUCTION DATE: 6/20/2023
ORDINANCE NO. 2023 - 042
ADOPTING AMENDMENTS TO WCC CHAPTER 20.14, WIND ENERGY SYSTEMS, AND WCC CHAPTER
20.97, DEFINITIONS
WHEREAS, in 2018 the Council placed on the annual docket No. PLN2018-00008: "Review and, if
needed, revise WCC 20.14 Wind Energy Systems," as there was interest in modifying the regulations in
order to better promote local wind energy systems.
WHEREAS, developing the amendments was assigned to the Council's Climate Impact Advisory
Committee (CIAC), whose goals were to make County code more consistent with federal regulations and
industry best practices, and to try to remove any barriers to developing wind energy in Whatcom County
so as to reduce reliance on carbon -based fuels
WHEREAS, Whatcom County Planning and Development Services assisted the CIAC in processing
the amendments, making sure they were compatible with the rest of the Whatcom County Code.
WHEREAS, the Whatcom County Council reviewed and considered Planning Commission's,
Climate Impact Advisory Committee's, and staff's recommendation, and public comments on the
proposed amendments; and
WHEREAS, the County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. Council placed on the 2018 docket Item No. PLN2018-00008: "Review and, if needed, revise WCC
20.14 Wind Energy Systems," as there was interest in modifying the regulations in order to better
promote local wind energy systems.
2. Developing the amendments was assigned to the Council's Climate Impact Advisory Committee,
who completed their work in September 2022
3. The Climate Impact Advisory Committee's goals were to make County code more consistent with
federal regulations and industry best practices, and to try to remove any barriers to developing wind
energy in Whatcom County so as to reduce reliance on carbon -based fuels.
4. The Climate Impact Advisory Committee provided its recommendations to Planning and
Development Services to process, which submitted an application to process the proposed
amendments to the Whatcom County Code (WCC).
5. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on February 7, 2023. No comments have been received to date.
6. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on February 3, 2023, for their 60-day review. No comments have been received.
7. The Planning Commission held a duly noticed public hearing on the proposed amendments on
February 23, 2023.
8. The County Council held a duly noticed public hearing on the proposed amendments on July 11,
2023.
Page 1 of 2
9. The amendments are consistent with Comprehensive Plan Goal 10D and Policies 1OD-6 and 10D-10.
10. In addition, some of the amendments shown in Exhibit A are solely to fix grammar and have more
concise language.
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 25th day of July , 2023.
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APPROVED as to form:
Karen Frakes approved via phone on 6/15/2023/MR
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Page 2 of 2
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
ExhibitA: Proposed Wind Energy Systems
Amendments and Organization of WCC 20.97
(Definitions)
Chapter 20.14 WIND ENERGY SYSTEMS
Sections:
20.14.010
Purpose.
20.14.020
Definitions.
20.14.030
Applicability.
20.14.040
Regulatory framework.
20.14.050
General requirements for SWES and WES.
20.14.060
Sound levels and measurement.
20.14.070
Safety.
20.14.100
Abandonment, insurance, and decommissioning for WES.
20.14.110
Federal, state and local requirements.
20.14.010 Purpose.
The purpose of this chapter is to regulate the installation and operation of wind energy conversion
systems in Whatcom County for private landowners, subject to reasonable restrictions.
20.14.030 Applicability.
(1) The requirements set forth in this chapter shall govern the siting of wind energy conversion systems
used to generate mechanical or electrical energy to perform work, and which may be connected to
the utility grid pursuant to Chapter 80.60 RCW (Net Metering of Electricity), and serve as an
independent source of energy, or serve as part of a hybrid system.
(2) The requirements of this chapter shall apply to all small wind energy systems (SWES) and wind
energy systems (WES) proposed after October 10, 2008 (the effective date of the ordinance codified
in this chapter). Any SWES/WES for which a required permit has been properly issued prior to the
effective date of the ordinance codified in this chapter shall not be required to meet the
requirements of this chapter; provided, however, that any such pre-existing SWES/WES that is not
producing energy for a continuous period of 12 months shall meet the requirements of this chapter
prior to recommencing production of energy. No modification that increases the height of the
system or increases the system output more than 25% shall be allowed without full compliance with
this chapter.
20.14.040 Regulatory framework.
.041 Permits and Zoning.
System Type
Zones Allowed In
Required Permit
Meteorological tower
All districts
Permitted
SWES
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
System Type
Zones Allowed In
Required Permit
• with a total height of 200 feet
All districts
Permitted
or less
• with a total height greater than
All districts
Administrative use
200 feet
. ........... ..............................................................................................
.................................................. ......
permitz
........................... ...............................
WES
Heavy Impact Industrial, Light Impact
Administrative use
........... ......... .................................................................................
Industrial
.............................................................................
permitz
... ..... . ............. ..................
Agriculture, Rural Forestry, and
Conditional use
Commercial Forestry
permit3
1 SWES, WES and Meteorological towers are required to be in compliance with WCC Title 15, Buildings and
Construction, and acquire the necessary building permits.
2 Administrative use permit, WCC 22.05.028.
3 Conditional use permit, WCC 22.05.026.
.042 Principal or Accessory Use. A SWES/WES may be considered either as a principal or accessory use.
A different existing use or an existing structure on the same lot shall not preclude the installation of a
SWES/WES or a part of such facility on such lot. Any SWES/WES that is constructed and installed in
accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
20.14.050 General requirements for SWES and WES.
.051 Visual Appearance — Lighting — Power Lines.
(1) Wind turbines shall be painted a nonreflective, nonobtrusive color such as the manufacturer's
default color option or a color that conforms to the environment and architecture of the
community, unless Federal Aviation Administration (FAA) standards require otherwise. The Director
may require a photo of a SWES/WES, of the same model as that proposed in the landowner's
application, adjacent to a building or some other object illustrating scale (e.g., manufacturer's
photo).
(2) No SWES/WES shall be artificially lighted, except to the extent required by the Federal Aviation
Administration (FAA) or other applicable authority.
(3) No SWES/WES shall be used for displaying any advertising except for reasonable identification of the
manufacturer or operator of the wind turbine.
(4) Electrical controls, control wiring, and power lines shall be wireless or underground, except where
SWES/WES wiring is brought together for connection to the transmission or distribution network
adjacent to that network, and except that in the Agricultural Zone the minimum installation depth
for electrical controls, control wiring, and power lines is 48 inches below finish grade.
(5) The road access to the proposed site must be rated to carry an axle load sufficient to bear the
weight of all materials, vehicles, and equipment delivered to the site.
(6) The compatibility of the foundation, tower, and generating unit (including rotor and rotor -related
equipment) shall be certified in writing by a professional engineer licensed in Washington State. The
engineer shall certify compliance with established engineering practices and compliance with all
applicable adopted codes and regulations. For all SWES/WES, the manufacturer's engineer or
another qualified engineer shall certify that the turbine, foundation, and tower design of the
SWES/WES are compatible and within accepted professional standards, given local design criteria
per WCC Title 15.
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
(7) The electrical system design shall be certified in writing by an electrical engineer licensed in
Washington State unless waived by the Building Official. All SWES/WES electrical systems shall
comply with requirements per the Washington State Department of Labor and Industries and the
current adopted edition of the National Electrical Code when and where applicable.
(8) All SWES/WES shall meet requirements per the applicable sections of WCC 20.80.630, etseq.
(Stormwater and Drainage) for erosion control and stormwater management.
.052 Setback Requirements.
The following setback requirements shall apply to SWES/WES and meteorological towers. All setbacks
are measured from the property lines of the property on which the project is located:
(1) Setbacks. Setbacks from property lines shall be as shown in the following table, measured to the
outer edge of the base of the SWES/WES structure towers. Guy cables and other accessory support
structures may be located within setback areas.
System
Setback Requirement
Size
SWES
'times total height of SWES structure
WES
1,000 feet from a property line of any property in other than the HII district. If the
neighboring property is in an HII district the setback is 1 times the total height.'
' A reduction in setbacks may be approved if appropriate easements from neighboring property owners or
appropriate mitigation acceptable to neighboring property owners is approved by the zoning administrator or
hearing examiner and recorded against the applicable deed(s).
(2) Setbacks from Communication and Electrical Lines. Each SWES/WES shall be set back a distance no
less than 1 times its total height, -from any existing above -ground power line or telephone line.
(3) Setback from Other WES. A WES may not be placed such that it substantially disturbs the wind flow
into another WES. A new WES may not be placed such that another nonparticipating WES falls
within an egg -shaped exclusion zone around the new WES defined by an axis along the primary wind
direction. In the upwind direction the exclusion zone shall have a semi -circular shape with a radius
three times the rotor diameter of the new WES. In the downwind direction the exclusion zone shall
have a semi -elliptical shape extending eight times the rotor diameter of the new WES along the axis
downwind and extending three times the rotor diameter of the new WES in a direction
perpendicular to the axis. In this way the new WES will be at least three of its rotor diameters
behind, three to the side of, and eight in front of a pre-existing WES.
(4) For WES located within 1,000 feet of existing structures, permit applicants shall provide additional
analysis of safety risks, including estimate of range for "ice throw" from spinning blades.
.053 Height Limits.
SWES with a total height taller than 200fee`t must obtain an administrative use permit, except within the
AG, CF and HII Zones. All SWES with a total height greater than 200 feet must provide in writing that the
height requested is the minimum height necessary for the SWES to operate efficiently, and provide
approved justification for the proposed height and analysis according to recognized industry standards.
20.14.060 Sound levels, modeling and measurement.
(1) During normal operation, the SWES/WES shall comply with the sound requirements of the zoning
district in which it is located. The facility shall maintain sound levels at project boundaries that are
under the maximum levels for the adjacent receiving properties based on the receiving properties'
environmental designation for noise abatement in accordance with state regulations. The facility
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
shall at all times comply with applicable noise control regulations adopted by the Washington
Department of Ecology or such other state agency with jurisdiction. The maximum sound level may
be exceeded during short-term events, such as utility outages and storms.
(2) WES proponents shall provide a report by a qualified independent acoustical consultant approved
by Whatcom County PDS and in accordance with standard industry best practices, that models the
sound transmission of the proposed WES at the project property lines and indicates that the WES,
when operated properly, will conform to the sound performance requirements of this chapter.
(3) Noise Complaints
(a) If two or more complaints from different households are received within a two -week period
regarding a particular WES located within one mile of the complainant's properties, a sound
measurement will be conducted by a qualified consultant approved by Whatcom County. The
cost of the sound measurement shall be paid initially by the County. Measurements shall be
conducted where the complaints were documented. If an evaluation shows that the WES is
operating outside of its permitted sound performance standards, the operator will have 30 days
to adjust the system(s) or terminate operations, and the owner/operator shall reimburse the
county for the expense of sound measurement. If the WES is shown to be in compliance, the
complainant shall reimburse the County for the cost of measurement.
(b) At the discretion of Whatcom County PDS, multiple complaints may be compiled for three
months at a time and then a sound study conducted at all of the locations. No WES project shall
be required to conduct more than two sound measurements at any one adjacent property per
year unless the WES project has expanded and/or proven to be in violation of the sound
performance standards.
20.14.070 Safety.
.071 General Provisions for SWES/WES.
(1) Wind turbine towers shall not provide step bolts or a ladder readily accessible to the public; any
access bolts or ladders shall be a minimum height of 10 feet above ground level.
(2) All electrical equipment shall be safely and appropriately enclosed from unintentional access by
means such as barrier fencing, equipment cabinetry, or similar approved barriers. All access doors to
wind turbine towers and electrical equipment shall remain locked except when access is necessary.
(3) Appropriate warning signage (e.g., electrical hazards) shall be placed on wind turbine towers,
electrical equipment, and SWES/WES.
(4) Any SWES/WES found to be unsafe by the building official shall be repaired by the landowner and/or
project owner to meet federal, state, and local safety standards, according to the regulatory
authority of the building official and applicable provisions per WCC Title 15.
.072 Blade Tip Clearance.
(1) The blade tip of any SWES shall, at its lowest point, have ground clearance of no less than 20 feet, as
measured at the lowest point of the arc of the blades.
(2) WES shall, at its lowest point, have ground clearance of no less than 30 feet, as measured at the
lowest point of the arc of the blades.
.073 Over -Speed Controls. All SWES/WES shall be equipped with over -speed controls to limit rotation of
blades to speed below the designed limits of the system. No changes or alterations from the certified
design shall be permitted unless accompanied by a licensed professional engineer's statement of
certification.
.074 Flicker Analysis for WES. A flicker analysis is required for all WES. The analysis shall include the
duration and location of flicker potential for all buildings and for roadways within a one -mile radius of
each turbine within a project. The applicant shall provide a site map identifying the locations of shadow
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
flicker that may be caused by the project and the expected durations of the flicker at these locations
from sunrise to sunset over the course of a year. The analysis shall account for topography but not for
obstacles such as accessory structures and trees. Flicker at any building shall not exceed 30 hours per
year within the analysis area. Flicker in excess of the limits established in this chapter shall be grounds
for the county or his/her designee to order operational adjustments, which may include mitigation
measures requiring cessation of operation during periods when flicker affects any building, for all
noncompliant WES.
.075 Wildlife Protection for WES.
(1) Prior to permit approval, the applicant shall ensure compliance with WCC Chapter 16.16 (Critical
Areas), including potential impacts to birds and bats, and providing documentation of compliance
with Washington Department of Fish and Wildlife's "Wind Power Guidelines" for project siting and
operation to minimize take of listed species, migratory birds, raptors, and bats.
(2) The applicant shall assess and monitor proximate bird and bat habitats for activity prior to
construction, and modify construction timing and activities to avoid impacts to these species.
(a) At a minimum, one raptor nest survey during breeding season within one mile of the project site
should be conducted to determine the location and species of active nests potentially disturbed
by construction activities, and to identify active and potentially active nest sites with the highest
likelihood of impacts from the operation of the wind plant. A larger survey area (e.g., a two-mile
buffer) is recommended if there is some likelihood of the occurrence of nesting state and/or
federally threatened and endangered raptor species (e.g., ferruginous hawk, bald eagle, golden
eagle).
(b) A minimum of one full season of use surveys is recommended to estimate the use of the project
area by birds and bats. This data should be used to refine impact analyses and help determine
project design.
(3) Following project start-up, the applicant shall monitor the project for a minimum of one year to
estimate bird and bat fatality rates using standard protocol. The applicant shall report bird fatalities
observed for the life of the project to WDFW and USFWS on a quarterly basis. Additional monitoring
may be required by the County.
20.14.100 Abandonment, Insurance, and Decommissioning for WES.
.101 Abandonment. Absent notice of a proposed date of decommissioning, WES project shall be
considered abandoned when the project fails to operate for more than one year without the written
approval of the Director. The Director shall determine in his/her decision what proportion of the project
is inoperable for the project to be considered abandoned and shall notify the property owner. Within
120 days of receipt of notice of abandonment or within 120 days of providing notice of termination of
operations to the County, the owner of a wind energy system must comply with the removal
requirements in WCC 20.14.102. If the property owner/project owner fails to do so, the County shall
have the authority to enter the property and physically remove the WES. Financial surety funds shall be
used to pay for removal and restoration.
.102 Removal Requirements. When a SWES or a WES is scheduled to be decommissioned, the project
owner/property owner shall notify the County by certified mail of the proposed date of discontinued
operations and plans for removal. Within 120 days of receipt of notice of abandonment or within 120
days of providing notice of termination of operations, the owner of a wind energy system must:
(1) Decommissioning of a SWES shall include removal of wind turbine, tower, and above -ground cabling
and electrical components. Foundations and underground cabling need not be removed.
(2) Decommissioning of a WES shall include removal of wind turbines, tower, and above -ground cabling
and electrical components, removal of all below -ground project elements to a depth of 36 inches,
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
access roads, and any other associated facilities, unless the property owner requests in writing that
the access roads or other facilities be retained.
(3) Remove all hazardous material from the property and dispose of the hazardous material in
accordance with federal, state, and local law.
(4) In addition to removing the wind turbine generator, the owner shall restore the site by planting
native or other approved vegetation to minimize erosion.
.103 Insurance. For WES, proof of continuous liability insurance shall be submitted to Whatcom County
indicating coverage for potential damages or injury to landowners, occupants, or other third parties. The
required insurance is $2,000,000 aggregate and $1,000,000 per occurrence. Whatcom County shall be
named on the liability policy as additional insured. The insurance carrier shall be instructed to notify all
applicable governmental authorities of any delinquency in payment of premiums. The liability policy
shall be endorsed to notify the county of any cancellation 30 days in advance. Failure to provide such
insurances shall be considered abandonment and full and sufficient grounds for termination of the
permit and disposal of the equipment and appurtenances as stated herein.
.104 Financial Surety.
(1) As a condition of WES permit approval, the applicant shall be required to provide a form of surety
(i.e., post a bond, or establish an escrow account or other means) at the amount of 150% of the
estimated full cost of project decommissioning, less the approved, documented salvage value of any
applicable project materials and equipment, naming Whatcom County as the beneficiary, with 50%
due prior to final project approval, 25% due within 12 months of the date of final project approval,
and 25% due within 24 months of the date of final project approval, to cover costs of WES removal
in the event the county must remove the facility. Nothing shall 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 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.
.105 Decommissioning Plan. As part of the permit approval process, a decommissioning plan shall be
provided that outlines the anticipated means and cost of removing WES at the end of their serviceable
life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such
as a professional engineer, a licensed contractor capable of decommissioning, or a person, firm,
partnership, corporation, or other entity with suitable expertise or experience with decommissioning, as
determined by the Building Official . The plan shall also identify financial surety to pay for the
decommissioning and removal of the WES and accessory facilities. The plan shall also address road
maintenance during and after the decommissioning.
20.14.110 Federal, State and Local Requirements.
(1) SWES/WES shall comply with all current adopted Whatcom County codes and ordinances, including
but not limited to WCC Titles 15, 16, and 23.
(2) SWES/WES must comply with regulations of the Federal Aviation Administration (FAA), along with
the requirements of WCC 20.80.675 (Height Limitations Surrounding Airports). If necessary, an
M
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
applicant may be required to submit the following information for analysis of airspace obstructions
in relation to WCC 20.80.675: mean sea level (MSL) of adjacent airports; MSL of proposed site;
Euclidean distance from adjacent airports to proposed site; total elevation/height of SWES/WES
structure.
(3) All SWES/WES electrical systems shall comply with requirements per the Washington State
Department of Labor and Industries and the current adopted edition of the National Electrical Code
(NEC) when and where applicable.
(4) All SWES/WES with the intention to tie to their respective utility provider's grid system shall meet
the requirements of Chapter 80.60 RCW, Net Metering of Electricity.
Chapter 20.97 DEFINITIONS
Editor's note: These definitions should be placed in alphabetical order within 20.97, and all other
numbers identifying definitions should be deleted.
"Decibel" means a unit of measure of sound pressure.
"dB(a)" means A -weighted sound pressure scale.
"dB(c)" means C-weighted sound pressure scale.
"Flicker" or "shadow flicker" means the moving shadow cast by the rotating blades of a SWES/WES, or
any intermittent, repetitive, or rhythmic lighting effect that is a direct result of rotating SWES/WES
blades.
"Flicker analysis" means a study showing the duration and location of flicker potential.
Grade plane. As defined and illustrated in the definition of "building height."
"Hub height" means the distance from the ground to the center axis of the rotor.
"Qualified independent acoustical consultant" means a private, third -party individual with full
membership in the Institute of Noise Control Engineers (INCE), or other demonstrated acoustical
engineering certification.
"Rotor" means a system of airfoils designed to provide a reaction force relative to the movement of the
surrounding air. The rotor is connected to a hub that rotates around an axis.
"Total height of S/WES structure" means the distance measured from the grade plane (as defined and
illustrated in the definition of "building height," WCC Chapter 20.97) to the tip of the SWES/WES rotor
blade extended to its highest point. The support tower structure may be freestanding, guyed, or a
monopole.
"Tower height" means the distance measured from the grade plane (as defined and illustrated in the
definition of "building height," WCC Chapter 20.97) to the hub height of the wind turbine. This structure
may be freestanding, guyed, or a monopole.
"Upwind turbine design" means a SWES/WES that has rotors and towers aligned such that the wind
encounters the rotors before the tower. The tower will always be downwind of the rotors.
"Wind energy system (WES)" means one or more wind energy conversion systems with a rated output
greater than 100kW consisting of: wind turbine, tower, base, and associated control or conversion
electronics, as well as anchors, guy cables, and hardware.
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
Editor's note: The following amendments make no policy changes. They're only fixing the references to
definitions given that definitions will no longer have unique identifying numbers.
Chapter 3.46 AFFORDABLE HOUSING INCENTIVE FUND
3.46.030 Definitions.
Editor's note: The following refers to footnote 1 of "Low-income housing" definition
1 See also definition of "low-income housing" as codified in WCC Chapter 20.97.
Chapter 20.17 TEMPORARY HOMELESS FACILITIES
20.17.060 Requirements for temporary homeless facilities.
(3) A temporary homeless facility shall comply with the applicable regulations of this title, except that
temporary homeless facilities shall not be considered structures for the purposes of calculating
parcel's total lot coverage, as defined in WCC Chapter 20.97.
Chapter 20.20 URBAN RESIDENTIAL (UR) DISTRICT
20.20.130 Administrative approval uses.
.135 One private, noncommercial, recreational vehicle or park model trailer and one accessory guest RV
per lot within pre-existing recreational subdivisions of the Foothills Subarea, as listed in the definition of
"recreational subdivision" in WCC Chapter 20.97; provided, that the following minimum requirements
and standards are met and/or followed:
Chapter 20.32 RESIDENTIAL RURAL (RR) DISTRICT
20.32.130 Administrative approval uses.
.134 One private, noncommercial, recreational vehicle or park model trailer and one accessory guest RV
per lot within designated rural communities in the Foothills Subarea, as listed in the definition of
"recreational subdivision" in WCC Chapter 20.97; provided, that the following minimum requirements
and standards are met and/or followed:
20.32.315 Reserve area.
(3) An easement on the subdivision plat shall establish a reserve area (per its definition in WCC Chapter
20.97) that is protected in perpetuity so long as it is not within an urban growth area. The minimum
percentage of the parent parcel required to be within a reserve area is shown in WCC 20.32.253.
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
Chapter 20.34 RURAL RESIDENTIAL -ISLAND (RR-1) DISTRICT
20.34.050 Permitted uses.
.057 Family day care homes subject to the requirements of the definition of home occupations (see WCC
Chapter 20.97).
20.34.315 Reserve area.
(3) An easement on the subdivision plat shall establish a reserve area per the definition in WCC Chapter
20.97 that is protected in perpetuity so long as it is not within an urban growth area. The minimum
percentage of the parent parcel required to be within a reserve area is shown in WCC 20.32.253.
Chapter 20.36 RURAL (R) DISTRICT
20.36.130 Administrative approval uses.
.136 In 115A and R10A zoning districts, the processing of agricultural products that originate from the
permitted uses in WCC 20.40.050, provided the following criteria are met:
(4) The facility does not exceed 10,000 square feet in proposed and existing buildings (as defined in
WCC Chapter 20.97) devoted to agricultural processing.
20.36.150 Conditional uses.
.163 In 135A and R10A zoning districts, the processing of agricultural products that originate from the
permitted uses in WCC 20.40.050, provided the following criteria are met:
(4) The facility exceeds 10,000 square feet in proposed and existing buildings (as defined by WCC
20.97.035) devoted to agricultural processing.
20.36.315 Reserve area.Z
(1) An easement on the subdivision plat shall establish a reserve area per the definition in WCC Chapter
20.97 that is protected in perpetuity so long as it is not within an urban growth area. The minimum
percentage of the parent parcel required to be within a reserve area is shown in WCC 20.36.253.
Chapter 20.37 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.320 Open space reserve area.
.321 For the purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated
for active or passive recreation, critical area protection, natural resource or archaeological site
preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of
"open space" found in WCC Chapter 20.97.
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
Chapter 20.40 AGRICULTURE (AG) DISTRICT
20.40.130 Administrative approval uses.
.139 Packinghouses and slaughterhouses, as defined in WCC Chapter 20.97, which shall be located,
designed, and operated.so as to not interfere with the overall agricultural character of the area,
provided the following criteria are met:
(2) The facility is an accessory use, as identified in WCC Chapter 20.97, "Accessory use."
20.40.150 Conditional uses.
.164 Packinghouses, as identified in WCC 20.97.282.1, and slaughterhouses as identified in WCC Chapter
20.97, which shall be located, designed, and operated so as to not interfere with the overall agricultural
character of the area, provided the following criteria are met:
(3) The facility is an accessory use, as identified in WCC Chapter 20.97, "Accessory use."
Chapter 20.51 LAKE WHATCOM WATERSHED OVERLAY DISTRICT
20.51.330 Open space reserve area.
(1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently
dedicated for active or passive recreation, critical area protection, natural resource or archaeological
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" pursuant to WCC Chapter 20.97.
20.51.410 Seasonal clearing activity limitations.
(2) 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 Vt
through May 315t; provided, that the director may approve an exemption to this requirement for the
following activities:
Chapter 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.150 Conditional uses.
.153 Expansion of existing fossil fuel refineries. For purposes of this section, an expansion is any
development (including otherwise permitted or accessory uses), vested after August 8, 2021, that meets
any one of the following applicable thresholds:
(1) Cumulatively increases the facility's total maximum transshipment capacity for fossil fuels by more
than 10,000 barrels (or 420,000 gallons) per day based upon an evaluation of physical equipment
10
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
limitations conducted by a licensed professional engineer in accordance with the definition of
"maximum transshipment capacity" found in WCC Chapter 20.97; or
.154 Expansion of existing fossil fuel transshipment facilities. For purposes of this section, an expansion
is any development (including otherwise permitted or accessory uses), vested after August 8, 2021, that
cumulatively increases the facility's total maximum transshipment capacity for fossil fuels by more than
10,000 barrels (or 420,000 gallons) per day, based upon an evaluation conducted by a licensed
professional engineer in accordance with the definition of "maximum transshipment capacity" found in
WCC Chapter 20.97.
Chapter 20.71 WATER RESOURCE PROTECTION OVERLAY DISTRICT
20.71.352 Open space reserve area. (Adopted by reference in WCCP Chapter 2.)
(2) For purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently
dedicated for active or passive recreation, critical area protection, natural resource or archaeological
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" in WCC Chapter 20.97.
Chapter 20.76 FOREST PRACTICES
20.76.110 Conversion option harvest plan (COHP).
(1) Optional Process. As an alternative to applying for a forest practices permit under WCC 20.76.100,
an applicant may choose to submit an application for a conversion option harvest plan (COHP), as
defined in WCC Chapter 20.97, that, if approved, may preserve the landowner's option to convert
forest land to a noncommercial forest use without subjecting the site to the six -year development
moratorium in WCC 20.76.220.
Chapter 20.78 TRANSPORTATION CONCURRENCY MANAGEMENT
20.78.120 Definitions.
(10)"Development permit" means any order, permit or other official action of the County granting, or
granting with conditions, an application for development that authorizes the commencement of
development activity.
Chapter 20.80 SUPPLEMENTARY REQUIREMENTS
20.80.384 Sign, off -premises advertising.
Deleted editorially. (See WCC Chapter 20.97.)
20.80.410 Signs — General provisions — Applicable to all districts.
11
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
(5) Signs shall not depict or describe "specified sexual activities" or "specified anatomical areas' as
defined in WCC Chapter 20.97.
20.80.580 Parking space requirements.
For the purpose of this chapter, the following parking space requirements shall apply (See also WCC
Chapter 20.97):
20.80.680 Unsuitable land.
Land that is unsuitable for the development of permitted, accessory, or conditional uses as defined by
WCC Chapter 20.97 shall not be developed unless adequate safeguards are formulated by the developer
and approved by the Director. The safeguards shall be based on technical data and/or professional
review as deemed necessary by the Director. If no adequate safeguards are available, the unsuitable
land area shall be retained for agricultural, forestry or open space purposes.
20.80.805 Animal units.
The number of animal units which are permissible in those zone districts that refer to this section shall
be consistent with the following standards:
(1) Animal units shall be computed as set forth in WCC Chapter 20.97; provided, that ponies and horses
under one year, calves under six months, and sheep, goats and pigs under three months shall not be
included when computing animal units.
Chapter 20.82 PUBLIC UTILITIES
20.82.030 Conditional uses.
The following uses shall require a conditional use permit or major project permit and shall be subject to
a threshold determination in accordance with WCC Chapter 16.08:
(3) New water lines with a nominal pipe size greater than eight inches except for the following, which
are permitted outright:
(b) New water lines outside urban growth areas or limited areas of more intensive rural
development (LAMIRDs) in conformance with a state approved water comprehensive plan
pursuant to RCW 43.20.260 and consistent with the Whatcom County Comprehensive Plan, so
long as they are water transmission lines (as defined in WCC Chapter 20.97), or provide service
at an intensity historically and typically found in rural areas, per RCW 36.70A.030(17), including
but not limited to agricultural uses. Water service for uses or densities not permitted in rural or
resource areas shall not be extended or expanded outside urban growth areas or limited areas
of more intensive rural development (LAMIRDs), except where necessary to protect basic public
health and safety and the environment and when such services are financially supportable at
rural densities and do not permit urban development, per RCW 36.70A.110(4).
W1,
Exhibit A: Proposed Wind Energy Systems Amendments Adopted 7/25/23 (clean)
Chapter 22.05 PROJECT PERMIT PROCEDURES
22.05.010 Purpose and applicability.
(1) The purpose of this chapter is to combine and consolidate the application, review, and approval
processes for project permits and appeals as defined in WCC Chapter 20.97. It is further intended for
this chapter to comply with the provisions of Chapter 36.706 RCW. These procedures provide for a
consolidated land use permit process and integrate the environmental review process with the
procedures for review of land use decisions.
22.05.020 Project permit processing table.
Permit
WCC
Pre-
Determinatio
Notice of
Site
Notice of
Open
County
Appeal
Application
Reference
Applicatio
n of
Applicatio
Posting
Open
Record
Decision
Body (see
Processing
for Specific
n
Completene
n
Required
Record
Hearing
Maker
2.11,210,
Table
Requiremen
Required
ss Required
Required
(see
Hearing
Held By:
(see
22.05.160,
is
(see
(see
(see
22.05.08
Required
(see
2,11.210,
23.60.150(H
22.05.04
22.05.050)
22.05.07
0)
(see
22.05.09
22.05.12
))
0)
0)
22.05.09
0)
0)
0
Type I A lications Administrative Decision with No Public Notice or Hearin
Lot of
Record/Lot
Consolidati
20.83 and
20.97
Director
Hearing
Examiner
on
13