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File ID: AB2024-874
File Created: 12/05/2024
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 01/28/2025
Related Files:
Whatcom County
Agenda Bill Master Report
File Number: AB2024-874
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: Iclark@whatcomcounty.us
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: Iclark@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to Whatcom County Code Title 20, Zoning
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Final Action: 01/28/2025
Enactment #: ORD 2025-004
Discussion of proposed amendments to WCC Titles 20 (Zoning). Proposed amendments to WCC
20.34.400 to, under certain conditions, increase the allowed maximum height of structures from 24 to
25 or 30 feet, depending on its proximity to shoreline.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
01/14/2025 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Donovan, Elenbaas, Stremler, Buchanan, Galloway, Byrd, and Scanlon
Nay: 0
01/28/2025 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Attachments: Staff Report, Ordinance with Exhibit A, Presentation, Draft minutes Plan Commission, Notice of
Hearing after 1.14.2025
Whatcom County Page 1 Printed on 112912025
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO. 2025-004
AN ORDINANCE ADOPTING AN AMENDMENT TO WHATCOM COUNTY CODE TITLE 20 (ZONING)
WHEREAS, The Council's 2024 docket includes item PLN2023-00004, "Lummi Island Height:
Review height limitations allowed on Lummi Island for consistency with other similarly zoned and
situated areas. Lummi Island height limitations are the most restrictive in any zone and limit building
height to 24 feet without provisions to increase."
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. Council docketed item #PLN2024-00004 to "review height limitations for consistency with other
similarly zoned and situated areas."
2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on October 14t", 2024. No comments have been received to date.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on July 17', 2024, for their 10-day review. No comments were received to date.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on
October 24th, 2024.
5. The requirement to increase setbacks as height increases is intended to protect views from existing
residences.
6. The requirement to provide a fire flow system or a residential fire sprinkler system for structures
over 25 feet mitigates the limited firefighting capacity of District 11's tallest ladder truck.
CONCLUSIONS
1. The amendments are in the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan, including the
Lummi Island Subarea 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. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance
shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the
part so declared to be invalid.
ADOPTED this 28th day of January
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ATTEST:
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Cathy`I alka,CouniitClerk
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APPROVED as to form:
/s/ approved by Kellen Kooistra via email/LB
Kellen Kooistra, Senior Deputy Prosecutor
2025.
Kaylee Galloway, Council Chair
Approved ( ) Denied
Satpal Sidhu, Executive
Date: z ® 5 1 z 5
Exhibit A: 2024 RRI HeiLght Code
Title 20 ZONING
Chapter 20.34 RURAL RESIDENTIAL -ISLAND (RR-1) DISTRICT
20.34.400 Height limitations.
1) The maximum height of structures shall be limited to 25 feet when any portion of the structure is
within 100 feet of the marine shoreline ordinary high water mark, and 30 feet when further away.
Height of structures shall also conform, where applicable, to the general requirements of
WCC 20.80.675.
2) All building setbacks shall be pursuant to WCC 20.80.200, or WCC 23.40.020 if within shoreline
jurisdiction, but shall be increased by one foot for each foot of building height in excess of 25 feet.
3) Any structure exceeding 25 feet in height shall require a fire flow system consistent with WCC
15.04.040, even if the structure has less than the sq footage thresholds cited in 8105.1.1.