HomeMy WebLinkAboutord2023-078strikeFile ID: AB2023-748
File Created: 11/07/2023
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 12/05/2023
Related Files:
Whatcom County
Agenda Bill Report
File Number: AB2023-748
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
Primary Contact Email: cstrong@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 12/05/2023
Enactment #: ORD 2023-078
Ordinance adopting various amendments to Whatcom. County Code Title 20, Zoning, and Title 21,
Land Division Regulations
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to WCC Titles 20 (Zoning) and 21 (Land Division Regulations). 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 9 proposed code
amendments include two proposed policy changes regarding: overflow parking for certain residential
developments using private roads, and a requirement that garbage collection service providers review
and approve proposed garbage enclosures.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
11/21/2023 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 5 Buchanan, Donovan, Frazey, Galloway, and Kershner
Nay: 1 Elenbaas
Absent: 1 Byrd
12/05/2023 Council ADOPTED
Whatcom County Page 1 Printed on 121612023
Agenda Bill Report Continued (AB2023-748)
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Attachments: Staff Report, Ordinance, Notice of Hearing after 11.21.2023.pdf
Whatcom County Page 2 Printed on 121612023
PROPOSED BY:
INTRODUCTION DATE: 11/21/2023
ORDINANCE NO. 2023-078
AN ORDINANCE ADOPTING VARIOUS AMENDMENTS TO WHATCOM COUNTY CODE TITLES 20
(ZONING) AND 21 (LAND DIVISION REGULATIONS)
WHEREAS, The Council's 2023 docket includes item PLN2023-00003, "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 21 to fulfill this directive; and,
WHEREAS, The Whatcom County Council reviewed and considered the Planning Commission
recommendation, staff recommendation, 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 applied to make various amendments to
the Whatcom County Code (WCC) to make corrections, updates, and clarifications pursuant to
docket item PLN2023-00003.
2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on September 19, 2023. No comments have been received to date.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on September 11, 2023, for their 60-day review. No comments were received.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on
October 12, 2023.
5. The County Council held a duly noticed public hearing on the proposed amendments on
December 5 , 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." There
are no policies with which these amendments would be inconsistent.
7. In reference to Exhibit A, Amendment No. 1: This amendment deletes a reference to a section that
hasn't existed since the 1990s.
8. In reference to Exhibit A, Amendment No. 2: This amendment clarifies that submittal requirements
for final plats are contained in the Planning and Development Services Administrative Manual.
9. In reference to Exhibit A, Amendment No. 3: This amendment exempts temporary non-commercial
signs in public rights -of -way from regulations, as per the Washington State Attorney General issued
opinion.
10. In reference to Exhibit A, Amendment No. 4: This amendment would require that Planning and
Development Services notifies and includes garbage collection providers in site plan review to
ensure that trash receptacles are accessible by them.
Page 1 of 2
11. In reference to Exhibit A, Amendment No. 5: This amendment deletes duplicative and confusing
floor area regulations for the RGC/RIM designation.
12. In reference to Exhibit A, Amendment No. 6: This amendment clarifies that WCC 20.72.654 applies
only in the Small Town Commercial District of Point Roberts.
13. In reference to Exhibit A, Amendment No. 7: This amendment aligns the rules for requiring the
installation of frontage improvements for commercial development in Point Roberts with the
practices of Whatcom County Public Works.
14. In reference to Exhibit A, Amendment No. 8: This amendment would require overflow parking for
certain residential developments using private roads so as to minimize traffic congestion and ensure
that emergency services can access all properties.
15. In reference to Exhibit A, Amendment No. 9: This amendment updates Whatcom County's child care
facilities standards to comply with recent amendments to the State's regulations.
16. In addition, many of the amendments shown in Exhibit A are solely to fix grammar and have more
concise language.
CONCLUSIONS
1. The amendments 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.
Section 3. Severability. Should any part of this regulation be held to be illegal, unconstitutional, or
otherwise unenforceable, the remainder of the regulation shall still apply.
ADOPTED this 5th day of December
WHATCOM COUNTY COUNCIL
WHATCQ.M COYN! WASHIN,GTON.
ATT O0
Dana Brown' Davi; Cclei 'dif Clerk
APPROVED as to form:
/s/Royce Buckingham approved via email on 11/16/2023/MR
Royce Buckingham, Civil Deputy Prosecutor
2023.
Ba ry chanan, Council Chair
y�) Approved ( ) Denied
SkAo---
Satpal Sidhu, Ex cutive
Date: 121b l z�
Page 2 of 2
Exhibit A: 2023 Miscellaneous Code Amendments
1) Cleaning Up an Old Cross -Reference
PDS proposes to delete the second sentence of WCC 20.35.350, since it references a section that hasn't
existed since the 1990s.
Title 20 ZONING
Chapter 20.35 Eliza Island (EI) District
20.35.350 Building setbacks.
.351 Minimum front, side, and rear yard setbacks shall be five feet. The pFevisiens of IAIGG 20 Qn eon anot apply te setback aFeas within this distFiet.
e-
2) Cleaning up final plat/recording language
For final plat submittals WCC 21.05.039 only states that the final plat must be submitted "in proper
form," but does not address what "proper form" is. PDS would like to reference the standards contained
in the PDS Administrative Manual for these details.
Title 21 LAND DIVISION REGULATIONS
Chapter 21.05 Preliminary Long Subdivisions
21.05.039 Phasing, expiration and time extension for preliminary long subdivision approval.
(1) Except as provided by subsection (1)(a) of this section, a final plat shall be submitted to the
for final plat approval within seven years of the date of
preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014,
and within five years of the date of preliminary plat approval if the date of preliminary plat approval
is on or after January 1, 2015.
(a) A final plat shall be submitted in proper fermfor final plat approval within 10 years of the date
of preliminary plat approval if this project is not subject to requirements adopted under Chapter
90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.
{a4(b) All final plat submittals shall be in the format and meet the submittal requirements
specified in the Planning and Development Services Administrative Manual.
(2) Extension of Time for Submittal of Final Long Subdivision. The expiration of a preliminary long
subdivision approval may be extended under the following provisions:
(a) An applicant files a written request with the subdivision administrater prior to expiration of the
five-year expiration period. The request shall state the specific work items, standards, and
criteria whieh that have not been completed and the reasons therefor. The request shall also
indicate when the work will be completed within the Feq ested peFie'. The subdivisieR
adpAinestrateFDirector shall review the request and provide a recommendation to the ftHearing
eExaminer.
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
(b) The Hearing Examiner shall have authority to grant one one-year extension subsequent to the
original preliminary plat approval.
(c) The one-year extension may be granted if, after taking into consideration technical, economic,
and other matters beyond the control of the applicant, the Hearing Examiner finds that there is
reasonable justification for the granting of an extension.
(d) In granting the one-year extension the Hearing Examiner shall take into consideration such
changes in rules, regulations, ordinances, or development standards, or portions thereof, that
have occurred since the time the original approval was granted.
(e) The Hearing Examiner may condition the extension so as to require compliance with any such
subsequently adopted rules, regulations, ordinances, or development standards, or portion
thereof, that are deemed necessary to protect the public health, safety, and welfare.
(3) Phased Subdivision. An applicant may seek approval of a phasing plan at the time of preliminary
subdivision approval. If phasing is approved as part of a preliminary subdivision, the phasing plan
shall expire 10 years from the date of preliminary approval. Each phase submitted after five years
from the date of preliminary approval shall comply with the rules, regulations, and ordinances in
effect as of the date construction plans are submitted for each phase.
3) Exemption of Temporary Non -Commercial Signs from Regulation
Following the U.S. Supreme Court's decisions in Reed v. Town of Gilbert (2015) and the City of Austin v.
Reagan National Advertising of Austin (2022)., the Washington State Attorney General issued an opinion
basically saying that jurisdictions cannot preclude temporary signs containing non-commercial speech
(i.e., political signs) from being placed in public rights of way, except as to maintain safety or near public
facilities. However, the County's sign regulations (WCC 20.80.400) prohibit any new off -site signs, which
conflicts with this opinion.
Therefore, PDS would like to add a new exemption for temporary non-commercial signs in public rights -
of -way not adjacent to public facilities, subject to certain safety requirements.
20.80.470 Exemptions.
8) Non-commercial temporary signs in public rights-of-wav subiect to the followin
a) Such signs are only allowed in non -hard surface areas of the right-of-way.
b) No sign shall obstruct or impair access to a public sidewalk, public or private street or
driveway, traffic control sign, bus stop, fire hydrant, bench, or any type of street furniture,
or otherwise create a hazard, including a trip hazard.
c) Such signs shall meet the requirements of WCC 20.80.200(3) (Vision Clearance).
Such signs shall only be installed on stakes that can be manually pushed or hammered
into the ground; all other installation signs are prohibited unless specifically allowed by
right-of-way use permit.
e) Such signs shall not be located in rights -of -way adjacent to County or other government -
owned facilities or properties.
f) Signs are limited to four square feet total per side and three feet in height, from the ground
to the top of the sign.
q) Such signs shall be removed if in need of repair, worn or dilapidated, or create a public
nuisance.
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
4) Include a requirement that garbage collection service providers review and approve
proposed garbage enclosures.
Staff has run into an issue wherein after a project has been approved, the garbage collection provider
serving the property says that sometimes their trucks can't easily get to the dumpsters to empty them.
We would like to add a requirement that the location of such enclosures be reviewed and approved by
the service provider(s) during permit application review, as we do for other service providers. It is
general practice to send preapplication meeting notices and notice of applications to neighboring cities,
agencies, or tribes that will potentially be affected and public utilities within 500 feet of the project
location. With this amendment, we would then send notice to garbage companies for input in design.
Additionally, while §20.80.355 requires that garbage collection areas be screened, only Chapter 20.22
contains a requirement that they be provided. Staff proposes to remedy this by deleting the
requirement in §20.22.663 but including it in §20.80.355 so that it applies to all zoning districts.
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.300 Landscaping.
20.80.355 Trash or garbage collection storage areas — Screening and placement.
Garbage disposal facilities shall be provided in accordance with applicable Whatcom County Board of
Health rules and regulations (WCC Chapter 8.10). All trash or garbage collection storage areas must be
screened from view from adjacent streets and properties using a solid fence or wall a minimum of six
feet high. The garbage collection service provider shall be provided opportunity to approve the location
prior to permit approval.
Chapter 20.22 Urban Residential — Medium Density (URM) District
5) Clarify RGC/RIM floor area rules
There's only one area designated Rural Business and zoned RIM (next to 1-5 at the Birch Bay exit). Both
WCC 20.59.322 & 20.69.302 say the maximum floor area in this area is 7,000 square feet. §20.80.100(3)
repeats this, but has an exception for the only place so designated/zoned and allows up to 12,000 or
20,000 sf., depending on the age of the building.
PDS would like to consolidate these confusing rules and eliminate §20.80.100(3).
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
TITLE 20 ZONING
Chapter 20.59 Rural General Commercial (RGC) District
20.59.320 Maximum building size.
.322 In a Rural Business designation; the maximum allowable floor area for a new use is 12,000 7- i
square feet per building except as provided in WCC 20.80.100(3) and (4). For buildings in which
nonresidential uses existed on July 1, 2012, building size expansion to no greater than 20,000 square
feet is permitted.
Chapter 20.69 Rural Industrial and Manufacturing (RIM) District
20.69.300 Maximum building size.
.302 In a Rural Business designation; the maximum allowable floor area per building is 12,000 7--8
square feet exeeptas provided in WCC 20.80.100(3) and (4). For buildings in which nonresidential uses
existed on July 1 2012 building size expansion to no greater than 20,000 square feet is permitted.
Chapter 20.80 Supplementary Requirements
20.80.100 LAMIRD requirements.
(3) Within aFeas designated *R the CepApFehensive Plan as 14-9ral Rusiness, whir.h are Limited UP;;,; Af
wheFe new nE)nFes*deRtaaI uses aFe subject te a maximum building size of 12,000 squaFe feet, whi
Fpk#ive te existing bises on that area Fer buildings GR whic:14
Reffesodential uses existed an july 1, 2012, lau"ding size expansion te Re gFeateF than 8,000 squaFe
20,000 SqUaFe feet is PeFFRitte4-.
{4}L3)_Within a rural business designation, a larger building size for new nonresidential development is
permitted if a conditional use permit is granted per WCC 22.05.026. A conditional use permit for a
larger building size shall be subject to a finding that:
(a) The larger building size will not cause the need for additional public facilities to be provided in
the area;
(b) The proposal is consistent with the Comprehensive Plan policies regarding the rural business
designation; and ,
(c) The proposed small-scale business conforms to the rural character of the area.
6) Clarify that WCC 20.72.654 applies only in the Small Town Commercial District
In Point Roberts, WCC 20.72.654 requires development to "ensure view access" in its design. However,
according to the Point Roberts Character Plan, this was only intended to apply to commercial
4
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
development in the Small Town Commercial district, as the only reference to protecting views is in
Section 4-004 (Building Mass), item 2 (which only applies to the commercial district):
"It is important to maintain open view corridors of the tidal waters. New buildings should be designed
and oriented so as not to dominate or overshadow smaller structures and the overall view of the tidal
water. Refer to WCC 20.72.653 (Site design and view corridors)."
But neighbors have starting to use this section to protest SFR development in all zones. Therefore, PDS
proposes to add language making it clear that this section only applies in the Small Town Commercial
district.
TITLE 20 ZONING
Chapter 20.72 Point Roberts Special District
20.72.654 Site design/view corridors. (Adopted by reference in WCCP Chapter 2.)
In the Small Town Commercial district, Sscenic views and open space shall be considered in all
developments and the site plan designed to ensure view access is maximized while maintaining
reasonable use of the development site.
7) Clarify rules for requiring the installation of frontage improvements for commercial
development in Point Roberts
Though WCC 20.72.657 says that commercial development "shall" install frontage improvements, in
practice, Public Works —through their concurrency review —never requires that frontage improvements
be installed on the typical commercial development in Point Roberts, as the projects are generally too
small to meet the concurrency threshold. Thus, this language sets up a false expectation among
residents, leading to disappointment. The proposed language would clarify that Public Works must run
the concurrency test to determine whether frontage improvements are required.
TITLE 20 ZONING
Chapter 20.72 Point Roberts Special District
20.72.657 Non -vehicular access
1. When determined to be required by Whatcom County Public Works pursuant to Whatcom County
Public Works' road standards, Chapter 5, Ccommercial development or redevelopment of any parcel
along Tyee Drive, Gulf Road, Marine Drive, and APA Road shall be required to install appropriate
street improvements along the road frontage of the parcel. Such frontage improvements which may
include curbs, gutters, sidewalks, boardwalks, benches, lighting, and appropriate provisions for
bicycle and equestrian facilities in accordance with the applicable GempFellensive Plan policies
use ^gulati^^s and current road standards for the classification of those streets. Planting of street
trees along the road frontage(s) of the subject parcel shall be required pursuant to WCC 20.80.325.
These requirements may be waived if a local improvement district, road improvement district, or
transportation benefit district is formed for the purpose of providing the aforementioned
improvements.
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
8) POLICY CHANGE: Require overflow parking for certain residential developments using
private roads.
WCC 20.80.580 requires that developments provide a certain number of off-street parking spaces for
many different uses, including single-family residential (2/unit), duplex (2/unit), and multifamily
residential (3/2 units) uses. And generally, when development is on public streets, the streets are wide
enough that on -street parking is available for guests or for families that have more than two vehicles.
However, a parking problem has arisen due to more and more of these types of developments being
built with private roads rather than public streets. Public Works' Development Standards allow narrower
roads when they're private (24' or less), which do not have adequate space for on -street parking. This
isn't so much a problem in rural 5-ac subdivisions, but it is problematic in the more urban zones within
Urban Growth Areas (UGAs) and Limited Areas of More Intensive Rural Development (LAMIRDs)) where
densities are higher.
So while we require each dwelling unit to provide their required off-street parking spaces, developers
are not providing adequate parking for guests or those families that have more than 2 vehicles, leading
to congestion and blocking emergency access on these private roads.
PDS would like to address this by amending WCC 20.80.580 to require single-family, duplex, and
multifamily residential uses of over 4 units on private roads to provide 1 overflow stall per every 2 units
(in addition to the required off-street parking).
Last year PDS proposed these same amendments, but the Planning Commission pulled it from
consideration as Commissioner Lund had cited a 2022 Parking Policy & Housing Affordability report
prepared by the Whatcom Housing Alliance, which analyzed the cost of overparking and recommended
that parking requirements be reduced or eliminated, citing several local, state, and national case
studies.
PDS has since reviewed that report, and though we generally agree with its findings and
recommendations for urban areas, we do not believe it to be applicable to rural or semi -rural areas.
While it makes sweeping recommendations for Whatcom County, all the examples shown in that report
are from urban areas that have public transportation, streets wide enough to park along, and services
within walking distance of residential areas. PDS agrees that such reforms might be transformational
and encourage more people to use alternative transportation when it's available, but it is just not
available to the extent needed in most areas of the county. And with our current parking/private road
width standards, fire trucks are having problems getting through.
Thus, we are proposing these amendments again and have attached that report for the Commission's
perusal.
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.580 Parking space requirements.
For the purpose of this ordinance, the following parking space requirements shall apply (See also WCC
20.97.140):
(21) Duplex: 2 for each unit, plus for any duplex development of more than 4 units within a UGA or
LAMIRD: 1 overflow space for every 2 units.
0
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
(38) Multifamily dwelling: 3 for each 2 units plus for any multifamily development of more than 4 units
within a UGA or LAMIRD: 1 overflow space for every 2 units.
(50) Single-family dwelling: 2 for each unit plus for any single-family development of more than 4 units
within a UGA or LAMIRD: 1 overflow space for every 2 units.
9) POLICY CHANGE: Update Child Care Facilities Standards to Comply with State Code
In an effort to make childcare more affordable, Washington State code regarding in -home day cares
(RCW 43.216.010) has been amended from "six or fewer children" to "twelve or fewer children."
Whatcom County's code is now inconsistent with the state requirement, as we have two levels of in -
home day care: family day care homes (allowing only up to 6) and mini -day care homes (allowing 6 to
12). This has resulted in PDS having to issue administrative use permits for uses (mini -day care homes)
allowed outright by state law.
And while reviewing the WCC for this change, we've also noticed some peculiarities about our
commercial day care center rules as well, and would like to simplify those to some extent in the effort to
make childcare more affordable.
Existing Definitions
"Family day care home" means an occupied dwelling unit regularly providing care during part of the 24-hour
day for six or fewer children in the family abode of the person or persons under whose direct care the children are
placed. Such care in a family day care home is limited to six or fewer children, including those children living in the
home or children of other close relatives cared for in the home.
"Mini -day care home" means an occupied dwelling unit regularly providing care during part of the 24-hour day
for seven to 12 children in the family abode of the person or persons under whose direct care the children are
placed. Such care in a mini -day care home is limited to 12 or fewer children, including those children living in the
home or children of other close relatives cared for in the home.
"Mini -day care center" means a structure other than an occupied dwelling unit regularly providing care during
part of the 24-hour day for 12 or fewer children. Such care in a mini -day care center is limited to 12 or fewer
children, including those children of the faculty or children of other close relatives cared fqr by the faculty.
"Day care center" means a structure other than an occupied dwelling unit regularly providing care during part
of the 24-hour day to 13 or more children.
Existing Use Allowances & Required Permits
As shown in the first table below, family day care homes are allowed in most residential and commercial
districts, most being listed as an accessory use, though outright permitted in RR -I, and for some reason
not allowed in UR-MD or UR-MX. Thus, no permits are needed from Whatcom County (though they still
need a state license and a life/safety inspection from our Building Divisions, triggered by application for
a state license and annually inspected thereafter). Mini -day care homes are allowed in these same
districts, though require an Administrative Approval Use in the residential districts.
As for commercial day cares, they're allowed in our residential districts as a conditional use, in Ag and
our commercial zones as a permitted use, and in our industrial zones as an accessory use "if operated,
7
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
maintained, and/or funded by business in the district for the purpose of serving the childcare needs of
employees whose place of employment lies within this zone district."
Zoning District
Family Day Care
Home
--------------------------------
(1-6 children in home)
Mini -Day Care
Home
---------------------------
(7-12 children in
home)
Mini -Day Care Center
---------------------------------------
(1-12 children in commercial
space)
Day Care Center
-------------------------------------
(13+children in commercial
space)
Urban Residential
AU
AAU
CU
CU
Urban Residential -Medium
Density
AAU
CU
CU
Urban Residential -Mixed
AAU
CU
CU
Residential Rural
AU
AAU
CU
CU
Rural Residential -Island
P
AU
CU
CU
Eliza Island
AU
AAU
CU
CU
Rural
AU
AAU
CU
CU
Point Roberts Transitional
Zone
AAU
CU
CU
Agriculture
AU
AAU
P
P
Rural General Commercial
AU
AU
P
P
Neighborhood Commercial
Center
AU
AU
P
P
Small Town Commercial
AU
AU
P
P
General Commercial
AU
AU
P
P
Tourist Commercial
AU
AU
P
P
Resort Commercial
AU
AU
P
P
Light Impact Industrial*
AU
AU
General Manufacturing*
AU
AU
Heavy Impact Industrial*
AU
AU
Rural Industrial and
Manufacturing*
AU
AU
AU
AU
Airport Operations
AU
AU
P - Permitted (no permit needed) AAU -Administrative Approval Use
AU - Accessory Use (no permit needed) CU - Conditional Use
* All childcare facilities allowed if operated, maintained, and/or funded by business in the district for the purpose of serving the childcare
needs of employees whose place of employment lies within this zone district
Proposed Use Allowances & Required Permits
Regarding In -Home Day Care
Since day care homes can now house up to 12 kids under state law, then we no longer need the Mini -
Day Care Home use or definition. PDS proposes to:
• Eliminate the use "mini -day care homes" in both the definitions and as listed uses.
• Amend the definition of "family day care homes" to allow up to 12 children, and change the name to
"day care homes."
• Allow day care homes in UR-MD, UR-MX, and TZ (where they're currently not allowed for some
reason) as an accessory use, similar to the other residential zones, and
• Eliminate day care homes as a use in RIM, as no residential uses are allowed there.
Regarding Commercial Day Care Centers
As for the commercial versions (mini -day care centers and day care centers), PDS proposes to
• Eliminate "mini -day care centers" in both the definitions and as listed uses, since the permitting is
the same regardless of how many children are cared for.
• Residential, Ag, and commercial district permitting would remain the same.
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
• But in the industrial districts staff is proposing to allow them as a permitted use, and eliminate the
requirement that they be "operated, maintained, and/or funded by business in the district for the
purpose of serving the childcare needs of employees whose place of employment lies within this
zone district," since if someone wants to start a day care that would cater to that clientele, why
should that matter?
The proposed scheme is shown in the following table:
Zonln District
Day Care Homes -----------
1-12 children in home)
Day Care Centers
----------------- ---------------------
(any number of children in commercials ace
Urban Residential
AU
CU
Urban Residential -Medium Density
AU
CU
Urban Residential -Mixed
AU
CU
Residential Rural
AU
CU
Rural Residential -Island
AU
Cu
Eliza Island
AU
Cu
Rural
AU
Cu
Point Roberts Transitional Zone
AU
Cu
Agriculture
AU
P
Rural General Commercial
AU
P
Neighborhood Commercial Center
AU
P
Small Town Commercial
AU
P
General Commercial
AU
P
Tourist Commercial
AU
P
Resort Commercial
AU
P
Light Impact Industrial
P
General Manufacturing
P
Heavy Impact Industrial
P
Rural Industrial and Manufacturing
P
Airport Operations
P
P - Permitted (no permit needed) AAU - Administrative Approval Use
AU -Accessory Use (no permit needed) CU - Conditional Use
TITLE 20 ZONING
Chapter 20.97: Definitions
Day Care Center
"Day care center" means a business regularly providing
childcare during part of the 24-hour day !3 or number of children in commercial structure.
Facer dDay Care Home.
"Family day care home" means an occupied dwelling unit regularly providing childcare services during
part of the 24-hour day for4x-twelve or fewer children in the family abode of the person or persons
under whose direct care the children are placed. Such care in a family day care home is limited to twelve
s+x-or fewer children, including those children living in the home or children of other close relatives
cared for in the home.
9
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
by the fac;wlty.
Chapter 20.20 Urban Residential (UR) District
20.20.100 Accessory uses.
.105 i �Day care homes.
20.20.130 Administrative approval uses.
Chapter 20.22 Urban Residential — Medium Density (URM) District
20.22.100 Accessory uses.
.105 Day care homesRepeGle4 by Or-d 2022 042.
20.22.130 Administrative approval uses.
Chapter 20.24 Urban Residential Mixed (UR-MX) District
20.24.100 Accessory uses.
.105 Day care homes epeoied y grd 2n22 012
20.24.130 Administrative approval uses.
10
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
Chapter 20.32 Residential Rural (RR) District
20.32.100 Accessory uses.
.105 4m+4y-4 ay care homes.
20.32.130 Administrative approval uses.
Chapter 20.34 Rural Residential -Island (RR-1) District
20.35.100 Accessory uses.
.107 Family - pay care homes.
20.34.130 Administrative approval uses.
33 Mini day e a h.,mes
Chapter 20.35 Eliza Island (EI) District
20.35.100 Accessory uses.
.107 F-�Day care homes.
20.35.130 Administrative approval uses.
.131 Mini day care heroes
Chapter 20.36 Rural (R) District
20.36.100 Accessory uses.
.108 €�Day care homes.
20.36.130 Administrative approval uses.
Ain Muni day c;aFe h..rnes
11
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
Chapter 20.40 Agriculture (AG) District
20.40.100 Accessory uses.
.112 Fan4y-4Day care homes.
20.40.130 Administrative approval uses.
Chapter 20.59 Rural General Commercial (RGC) District
20.59.050 Permitted uses.
.051 Retail and office type uses.
(6) Day care centers.
20.59.100 Accessory uses.
.104 dDay care homes and m : day rzaFe hemesi Fn : day e e h^mos, shall eenferm t the
.
Chapter 20.60 Neighborhood Commercial Center (NC) District
20.60.050 Permitted uses.
.053 Public and community type uses.
(1) Adult care centers, minidayc;aFe GeA IFS, and day care centers.
20.60.100 Accessory uses.
.104 �Day care homes and FniRi_day eaFe h nes7 p ,,:ded that mini_day GaF heMea-s ,.e-Hf,,.
Chapter 20.61 Small Town Commercial (STC) District
20.61.050 Permitted uses.
.051 Retail and office type uses.
12
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
(y) Mini dayc;aFerzeenter-,; -hd d- Day care centers.
20.61.100 Accessory uses.
.108 €aDay care homes and mini day eaFe hemes; mini day eaFe hemeas Shall eanfqFm to the
Chapter 20.62 General Commercial (GC) District
20.62.050 Permitted uses.
.069 Mini day Gare centers and dDay care centers; provided, that such uses require a conditional use
permit if located within airport overlay zone 2 or 3 as shown in Whatcom County Comprehensive Plan
Appendix H.
20.62.100 Accessory uses.
.104ar►+iyy dDay care homes and mini day GaFe hemes; provided, that
such uses require a
conditional use permit if located within Airport Overlay Zone 2 or 3 as shown in Whatcom County
Comprehensive Plan Appendix H.
Chapter 20.63 Tourist Commercial (TC) District
20.63.050 Permitted uses.
.051 Retail and office type uses.
(9) MinidayGare GeRte-Irs; ^^dd-Day care centers.
20.63.100 Accessory uses.
.104 €�Day care homes and mini day GaFe hemesi
L;*dPnr-e it a legally n enf„rming
Chapter 20.64 Resort Commercial (RC) District
20.64.050 Permitted uses.
13
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
.055 Public and community type uses.
(3) Mini day eaFe eenteFs and dDay care centers.
20.64.100 Accessory uses.
.120 y Day care homes and Fnini day caFe hemesi
.
Chapter 20.66 Light Impact Industrial (LII) District
20.66.050 Permitted uses
.083 Day care centers.
20.66.100 Accessory uses.
Chapter 20.67 General Manufacturing (GM) District
20.67.050 Permitted uses.
.052 Public/community type uses.
(4) Day care centers.
20.67.100 Accessory uses.
.107 Mini -day care centers and day care centers operated by, maintained by or funded by business in
the district for the purpose of serving the child care needs of employees whose place of employment
lies within this zone district.
Chapter 20.68 Heavy Impact Industrial (HII) District
20.68.050 Permitted uses.
.108 Day Care Centers.
14
Exhibit A: 20223 Misc. Code Amendments — Planning Commission Recommended October 12, 2023
20.68.100 Accessory uses.
Chapter 20.69 Rural Industrial and Manufacturing (RIM) District
20.69.050 Permitted uses.
.055 Public/community type uses.
(4) Day care centers
20.69.100 Accessory uses.
15