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File ID: AB2024-545
File Created: 08/23/2024
Department: Planning and
Development
Services Department
Assigned to: Council
Agenda Date: 09/24/2024
Related Files:
Whatcom County
Agenda Bill Master Report
File Number: AB2024-545
Version: 1
Entered by: Lucas Clark
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Status: Adopted
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: lclark@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 09/24/2024
Enactment #: ORD
2024-046
Ordinance adopting various amendments to Whatcom County Code Title 20, Zoning
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to WCC Titles 20 (Zoning). 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 six proposed code amendments
include one proposed policy change to allow cannabis retail in the Light Impact Industrial
District within Urban Growth Areas. Please refer to Exhibit A (attached) where the proposed
amendments and explanations are provided.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
09/10/2024 Council INTRODUCED FOR Council
PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
09/24/2024 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Whatcom County Page 1 Printed on 101212024
Agenda Bill Master Report Continued (AB2024-545)
Attachments: Staff Report, Proposed Ordinance
Whatcom County Page 2 Printed on 101212024
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO.
AN ORDINANCE ADOPTING VARIOUS AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 (ZONING)
WHEREAS, The Council's 2024 docket includes item PLN2023-00002, "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 Title 20 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 PLN2024-00002.
2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on June 24, 2024. No comments have been received to date.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on June 04, 2024, for their 60-day review. No comments were received.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on
August 8th, 2024.
5. The County Council held a duly noticed public hearing on the proposed amendments on
2024.
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 would require applicants for Personal
Wireless Facilities whose structure might penetrate FAR Part 77 to submit Federal Aviation
Administration (FAA) approval tower heights prior to applying for Whatcom County permits and
submit that approval with their application.
8. In reference to Exhibit A, Amendment No. 2: This amendment adds an additional 30-foot setback
from single-family residential uses to Personal Wireless Facilities to allow for additional height
increases when colocation is proposed.
9. In reference to Exhibit A, Amendment No. 3: This amendment removes two leftover uses of the
term "significant" trees, as the County has switched from regulating the removal of "significant
trees" to regulating the retention of "tree canopy" in our watershed protection districts.
Page 1 of 2
10. In reference to Exhibit A, Amendment No. 4: This amendment clarifies that 0-foot setbacks are
allowed for Single -Family Attached uses where Single -Family attached is allowed.
11. In reference to Exhibit A, Amendment No. 5: This amendment allows cannabis retail in the Light
Impact Industrial District within UGAs per Council direction (docket item PLN2024-00006).
12. In reference to Exhibit A, Amendment No. 6: Because of the upcoming stricter permitting timelines
of HB 5290, this amendment allows Planning and Development Services to issue permits for land
disturbing activities in our watershed protection overlay districts during seasonal closures, though
conditions such work not to occur during the seasonal closure.
CONCLUSIONS
1. The amendments are in 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 day of
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
Cathy Halka, Council Clerk
APPROVED as to form:
George Roche, Civil Deputy Prosecutor
2024.
Barry Buchanan, Council Chair
( ) Approved ( ) Denied
Satpal Sidhu, Executive
Date:
Page 2 of 2
Exhibit A: 2024 Miscellaneous Code Amendments
(Editor's note: Ellipses (... ) indicate that sections of the code not being amended are not shown.)
1) Requiring FAA Approval of Wireless Tower Heights Prior to Applying for Whatcom County; Permits.
The County is under strict federal permit processing timelines for wireless facilities. However, an issue
has arisen wherein when we ask an applicant whose structure might penetrate FAR Part 77 for FAA
approval of their proposed height, the FAA doesn't always respond in a timely manner, forcing PDS to
issue a permit prior to receiving its approval. Therefore, PDS proposes to amend WCC 20.13.140 and
20.80.675 to require the applicant to undergo FAA review prior to submittal, and submit that approval in
writing at time of application. I
Title 20 ZONING
Chapter 20.13 Personal Wireless Facilities
20.13.140 Federal requirements.
All wireless communications support structures must meet or exceed applicable current standards and
regulations of the FAA, the FCC, and any other agency of the federal government with the authority to
regulate wireless communication support structures and antennas. Any tower construction or
modification that penetrates FAR Part 77 requires a FAA approval/determination to be submitted with
the application for any Whatcom, County permit._ If such standards and regulations are changed, owners
of the freestanding or attached wireless communication support structure, antennas, and electronic
equipment governed by this chapter shall bring such facility into compliance with such revised standards
and regulations if required by the federal agency. Failure to bring such facilities into compliance with
such revised standards and regulations shall constitute grounds for the removal of the facility at the
owner's expense.
Chapter 20.80 Supplementary Requirements
20.80.675 Height limitations surrounding airports.
(1) No structure shall exceed the height of the imaginary surfaces defined in Federal Aviation
Regulations (FAR) Part 77 around airports that have mapped such imaginary surfaces (airports that
have mapped Part 77 imaginary surfaces are shown in Appendix H of the Whatcom County
Comprehensive Plan). This restriction shall not apply to single-family residences and accessory
structures that have a building height of 30 feet or less.
(2) Applicants for permits within the area covered by the FAR Part 77 imaginary surfaces map shall,
upon application, submit correspondence from both the Federal Aviation Administration and an
official representative of the airport providing their concurrence that the proposed development
meets subsection (1) of this section and will not create a hazard to air navigation.
(3) The hearing examiner shall have the authority to grant a variance from the height limits of
subsection (1) of this section upon finding that the below criteria are satisfied. Pursuant to WCC
20.1.3. personal wireless eligible facilities are exemot from havine to obtain a variance.
Exhibit A: 2024 Misc. Code Amendments — DRAFT August 6th, 2024
(a) The variance application shall be accompanied by letters from both the Federal Aviation
Administration and an official representative of the airport evaluating the effects of the
proposal on the operation of air navigation facilities and the safe, efficient use of navigable
airspace. If neither agency responds to a written request by the applicant to evaluate the
proposal within 45 days, the variance application may be submitted without the evaluation(s)
required.
(b) The variance criteria of WCC 22.05.024 shall not apply. Such variances may be granted if the
hearing examiner finds that:
The strict application of the height limit will result in unnecessary hardship; and
The height proposed will not be contrary to the public interest and will not create a
hazard to air navigation.
(c) No variance shall be granted that authorizes a use that is not allowed by the underlying zoning.
2) Adding an additional 30-foot setback to allow for how federal guidelines measure tower height.
Under Federal regulations, and pursuant to WCC 20.13, additional equipment may be placed on a
wireless tower with limited County review. Such equipment can add an additional 30 feet to the height
of the tower, potentially violating approved setbacks, and/or placing it in striking distance of a house
were it to fall. PDS would like to remedy this, and ensure that all such future towers minimize impact
risk, by adding another 30 feet to the setback requirements.
Title 20 ZONING
Chapter 20.13 Personal Wireless Facilities
20.13.090 Design and development standards for small and macro wireless facilities.
.091 Design and Development Standards.
(12) Setbacks Applicable. The following setback standards shall apply to personal wireless service
facilities:
(c) Freestanding wireless communication support structures located in a residential related district
as described in WCC 20.13.085 shall be set back from any property line by a distance equal to
the height of the wireless communications support structure or the setback of the underlying
use district, whichever is greater, Ip us 30 feet.
(d) Freestanding wireless communication support structures located in other than residential
related districts shall be set back from any property line abutting or adjacent to a residential
related district a distance equal to the height of the wireless communications support structure
or the setback of the underlying use district, whichever is greaterelus 30 feet.
(e) Regardless of the district, freestanding wireless communication support structures shall be set
back from dwellings not on the same legal lot a distance equal to the height of the freestanding
wireless communication support structure or the setback of the underlying use district,
whichever is greater,..plus_30 feet.
Exhibit A: 2024 Misc. Code Amendments — DRAFT August 61h, 2024
3) Cleaning up a few leftover references to "significant" trees.
In 2018 Council approved amendments to the Watershed Protection Districts that, in part, switched the
County from regulating the removal of "significant trees" to regulating the retention of "tree canopy."
However, PDS has found a few leftover uses of the term "significant" trees and we now propose to
remove them.
Title 20 ZONING
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.440 Tree retention associated with development activity.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
only remove up to a certain percentage (as shown in Table 20.51.440(3)) or 5,000 square feet,
whichever is greater, and as measured cumulatively from January 1, 2017, of the existing tree
canopy area, as defined by the dripline of the signifieant-tree (s) on their property. In the event that
tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use
of the site, or to eliminate hazard trees, new on -site plantings of native species shall be required to
attain the removed tree canopy coverage, calculated according to projected growth at 20 years
maturity consistent with Table 20.51.440(4).
Chapter 20.71 Water Resource Protection Overlay District
20.71.356 Tree retention associated with development activity.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
only remove up to a certain percentage (as shown in Table 20.71.356(3) or 5,000 square feet,
whichever is greater, and as measured cumulatively from January 1, 2017, of the existing tree
canopy areas, as defined by the dripline of the significant --tree(s) on their property. In the event that
tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use
of the site, or to eliminate hazard trees, new on -site plantings of native species shall be required to
attain the removed tree canopy coverage, calculated according to projected growth at 20 years
maturity consistent with Table 20.71.356(4).
Exhibit A: 2024 Misc. Code Amendments — DRAFT August 61h, 2024
4) Clarifying that 0-foot setbacks are allowed for Single -Family Attached uses where this use is
allowed.
Single -Family Attached uses are allowed in Urban Residential (UR), Urban Residential -Medium Density
(URM) and Urban Residential — Mixed (UR-MX) districts. Single -Family Attached are defined in WCC
means a group, of two or more single-family dwelling units, each on a separate lot of record, which are
joined to one another by a common party wall, but having separate outside entrances, and for the
purposes of this code include town houses. However, WCC 20.80.210 (Minimum Setbacks) does not
specifically state that there is a 0-foot interior side -yard setback for this use, which one would need to
do attached units. PDS would like to add a note allowing the 0-foot interior side -yard setback.
Title 20 ZONING
Chapter 20.22 Urban Residential — Medium Density (URM) District
22.22 Permitted Uses. (... )
.051 Single-family dwellings, singlefamily - _attached and multifamily dwellings consistent with
the density requirements of the district; provided, that if the total number of dwelling units per lot is greater
than four, the site plan shall be reviewed by the technical committee for consistency with the general
development criteria of this district as set forth in WCC 20.22.650. Adequate right-of-way and street
improvements may also be required so that adjacent public roadways will conform with the road
standards section of the county development standards. In the Bellingham Urban Growth Area, roads
must also conform with the city of Bellingham's road standards.
Chapter 20.80 Supplementary Requirements
20.80.210 minimum setbacks.
Setback (in feet) from:
Right -of -Way Classification
Other
Zoning District
1-5, State
Highways, Urban
Urban Collector
Principal, and
Arterials and
Local
Minor
Urban Minor
Rural Major
Access
Access
Side
Rear
Arterials
Collectors
Minor Collectors
Streets
Streets
Yard
Yard
Residential Setbacks
Rural Residential
(RR)
45
35
25
25
20
5
5
— If in a WRP01 or
LWW02
30
30
20
20
20
5
5
Note: Depending on circumstances, some RR setbacks may differ pursuant to WCC 20.80.210(5)(a)(iv) and
20.80.251(2).
4
Exhibit A: 2024 Misc. Code Amendments — DRAFT August 6th, 2024
Rural Residential -
Island (RR -I)
—
25
25
20
5
5
Note: Depending on circumstances, some RR -I setbacks may differ pursuant to WCC 20.80.251(4).
Point Roberts
Transitional Zone
45
35
25
25
20
5
5
(TZ)
Urban Residential
Mixed Use (UR-
45
35
25
10
10
5
5
MX)
— If in a WRP01 or
LWW02
30
30
20
20
20
5
5
Urban Residential
Medium (URM)
45
35
25
25
20
5
5
— If in a WRP01 or
LWW02
30
30
20
20
20
5
5
Note: Depending on circumstances, some URM setbacks may differ pursuant to WCC 20.80.251(3).
Note: Single -Family attached in UR URM and UR-MX ma have a 0-foot interior side aerrd_setback.
Urban Residential
45
35
25
25
20
51
5
(UR)
— If in a WRP01 or
LWW02
30
30
20
20
20
5
5
Note: Depending on circumstances, some UR setbacks may differ pursuant to WCC 20.80.251(1).
5) POLICY, CHANGE: Allowing Cannabis Retail in the Light Impact Industrial District within
UGAs.
Cannabis retail facilities are currently allowed in four commercial districts in unincorporated Whatcom
County, though the areas are limited and most already have established retail cannabis stores. The state
legislature recently revised the Washington State Cannabis Social Equity Program to authorize the Liquor
and Cannabis Board (LCB) to issue additional cannabis retail sales licenses to applicants who meet the
social equity requirements of the program under WAC 314-55-570.
In 2024 the Council placed on the docket item PLN2024-00006, directing staff to "Evaluate the
allowance of cannabis retail facilities in the tight Impact Industrial (UI) zone within a city's designated
urban growth area (UGA) and review and revise the Whatcom County Zoning Code, as applicable."
In response, PDS proposes to amend WCC 20.66.050 by adding "cannabis retail facilities" as a permitted
use in the LII district when in a UGA.
TITLE 20 ZONING
Exhibit A: 2024 Misc. Code Amendments — DRAFT August 6t", 2024
Chapter 20.66 Light Impact Industrial (LII) District
20.66.050 Permitted uses
.089 Cannabis retail facilities, when located in a city's Urban Growth Area and located on the same
parcel as a legally established cannabis producer or processor.
6) Clarifying the rules for issuing permits during watershed closure.
To help ensure that land disturbing activities would not occur outside of the seasonal work windows in
our watershed protection districts, the code forbids Planning and Development Services from issuing
permits during the seasonal closures.However, because of the stricter permitting timelines of HB 5290
(to be implemented by 1/1/25 through a different set of code amendments), PDS can no longer hold off
on issuing permits, as the below sections state. Therefore, PDS suggests amending these sections as
shown.
TITLE 20 ZONING
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.410 Seasonal clearing activity limitations.
(3) To ensure compliance with subsection (2) of this section, all permits thedirector shall not iS5ue
dev2lopment permits requiring authorizing more than 500 square feet of land disturbance located
within the Lake Whatcom watershed shall be conditioned on such work not being authorized from
September 15"through May 315t
Chapter 20.80 Supplementary Requirements
20.80.735 Water resource special management areas.
(2) Within water resource special management areas, clearing activity must conform to the following
conditions:
(d) Seasonal Clearing Activity Limitations. In the Lake Samish and Lake Padden watersheds, clearing
activity, as defined in Chapter 20.97 WCC, or forest practices regulated by Whatcom County that
will result in land disturbance exceeding 500 square feet, shall be prohibited from October 15t
through May 315t; provided, that:
(ii) To ensure compliance with this section, a" Il permits td;e+ruts shz�I� not sue
development -permits -requiring authorizin _more than 500 square feet of land disturbance
Exhibit A: 2024 Misc. Code Amendments — DRAFT August 611, 2024
located within the Lake Samish or Lake Padden watersheds shall be conditioned on such
work not being authorized from September 15t" through May 31"