HomeMy WebLinkAboutord2025-060strikeWhatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2025-838
File ID: AB2025-838 Version: 1 Status: Adopted
File Created: 11/19/2025 Entered by: KSmith@co.whatcom.wa.us
Department: Council Office File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Planning and Development Committee Final Action: 12/09/2025
Agenda Date: 12/09/2025 Enactment #: ORD 2025-060
Related Files:
Primary Contact Email: ksmith@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to comply with
preemptive state regulations for accessory dwelling units and co -living standards
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Amendments to Whatcom County Code Title 20 (Zoning) to comply with preemptive state regulations
for accessory dwelling units and co -living standards affecting residential zoning districts in Urban
Growth Areas per RCW 36.70A.680/.681 and RCW 36.70A.535. These amendments to Title 20 are
part of the periodic review under the Growth Management Act.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
11/18/2025 Council
Aye: 7
Nay: 0
12/09/2025 Council Planning and Development
Committee
12/09/2025 Council
Aye: 5
Nay: 2
INTRODUCED FOR PUBLIC Council
HEARING
Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
DISCUSSED
ADOPTED
Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Buchanan, and Donovan
Whatcom County Page 1 Printed on 1211012025
Agenda Bill Master Report Continued (AB2025-838)
Attachments: Proposed Ordinance, Notice of Hearing on 12.9.2025, Staff Memo - Schacht, Staff Memo - Metz
Whatcom County Page 2 Printed on 1211012025
PROPOSED BY: PLANNING AND DEVELOPMENT SERVICES
INTRODUCED: NOVEMBER 18, 2025
ORDINANCE NO. 2025-060
AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 (ZONING) RELATING TO ACCESSORY
DWELLING UNITS, CO -LIVING HOUSING AND PARKING
WHEREAS, every ten years, as part of the periodic update, RCW 36.70A.130(1) requires Whatcom
County to take legislative action to review and, if needed, revise its comprehensive plan and development
regulations to comply with the requirements in Chapter 36.70A RCW (the Growth Management Act); and
WHEREAS, the amendments to Title 20 outlined in this ordinance are part of the 2025 periodic review
and update under the Growth Management Act; and
WHEREAS, the Council's 2025 docket includes item PLN2025-00004, "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; 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
Whatcom County Planning and Development Services has submitted an application to make
amendments to Title 20 (Zoning) of the Whatcom County Code as part of the 2025 Whatcom County
periodic update to the Comprehensive Plan, as required under RCW 36.70A.130, in order to comply with
preemptive State regulations and standards for Accessory Dwelling Units in Urban Growth Areas as
codified in RCW 36.70A.680/.681, and Co -living housing in RCW 36.70A.535 in Urban Growth Areas that
allow at least six multifamily residential units, including on a lot zoned for mixed -use development.
2. Notice of the subject amendment was submitted to the Washington State Department of Commerce on
October 17, 2025, with a request for an expedited 10-day review period; allowed for proposed
development regulations. No comments were received to date.
3. A Determination of Non -Significance (DNS) was issued under the State Environmental Policy Act (SEPA)
under case number SEPA2025-00058 on October 20, 2025. No comments have been received to date.
4. The Planning Commission held a duly noticed public hearing on the proposed amendments on October
30, 2025.
5. On October 30, 2025, the Whatcom County Planning Commission recommended approval, with
amendments, of the proposed Zoning Code changes to the County Council as seen in Exhibit A of the
Staff Report.
6. The County Council held a duly noticed public hearing on the proposed amendments on December, 9.
7. The amendments are consistent with Countywide Planning Policies (Appendix C) as well as Chapter 2
(Land Use) and Chapter 3 (Housing) of the Whatcom County Comprehensive Plan. There are no policies
with which these amendments would be inconsistent.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that amendments to the
Whatcom County Code Title 20 (Zoning) and are hereby adopted as shown in Exhibit A; and
BE IT FURTHER ORDAINED by the Whatcom County Council that staff is authorized to work with Code
Publishing to correct and update any cross-references made ineffective by these amendments; and
BE IT FINALLY ORDAINED by the Whatcom County Council 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 9 9th day of
Cou® s
m
ATTEST:^� COUNTY
` �
Cathy HaIka, Cler®k � ftnc�l'
APPROVED AS TO FORM:
Greg Greenan by email (11/5/2025/lc)
Civil Deputy Prosecutor
December 2025
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kaylee Gal way, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Sid u, County Executive
Approved ( ) Denied Date Signed:
%Z_.1S'2
GALLOWAY SUBSTITUTE
PROPOSED AMENDMENTS HIGHLIGHTED
Exhibit A: Proposed Accessory Dwelling
Unit & Co -Living Housing Amendments
1) Allow up to two (2) ADUs per eligible lot within designated UGAs.
The Washington State legislature passed House Bill 1337 codified in RCWs 36.70A.680/.681 .682 which requires a
fully planning Counties to adopt applicable development regulations to allow up to two (2) Accessory Dwelling
Units on eligible lots within Urban Growth Areas. This must be reflected in local regulations by December 31, 2025,
or be preempted by State law. These amendments are also associated with the 2025 Comprehensive Plan update
for Whatcom County.
At the October 30, 2025 Planning Commission Meeting, the Commission recommended two (2) changes to the
proposed Code language as bolded and shown in strikethrough/underlined below, removing the public sewer
service requirement for development of a second ADU and adding language expanding the tvoes of structures
which can be converted into an ADU.
LBLWithin Urban Growth Areas
(2) In addition to an existing or permitted dwelling, there shall be no more than two accessory dwelling units per
lot. etras fellaearsa
v' Hull, beasts- esser•Y•cdmaeldiaag-mamit-lae�-lef.
(3) Minimum Lot Size, Design and Construction:
(c) Existing detached .structures, including garages, barns and any other accessory buildings may be converted into
accessory dwelling units even if the structure does not meet current setback or lot coverage standards;
Staff Comment:
It is Planning and Development Service's (PDS) recommendation that the County Council does not adopt the
Planning Commission recommended updates for the following reasons.
As part of the new preemptive State Code, RCW 36.70A.680(5)(d) states, "Nothing in this section orin
RCW 36.70A.681 prohibits a city or county from... Prohibiting the construction of accessory dwelling units on lots
that are not connected to orserved by public sewers...". This is to ensure that lots not connected to public sewer
service are not developed before incorporation in a manner that would prevent for more intense development
once incorporated. For example, septic systems and their reserve areas can take up a significant amount of space,
which could prevent future denser development from occurring if the public sewer service requirement is
eliminated.
In addition, staff does not support adding language expanding the types of structures can be converted into an
ADU beyond the current allowance, in order to maintain consistency with State preemptive language and avoid
ambiguous interpretation. In addition, while zoning may allow for conversion, the structure will still need to meet
Building Code requirements; which may be difficult or infeasible for certain types of barns or accessory structures
which were not intended for human habitation.
The Code language below represents the original language created by PDS, which is recommended for adoption by
County Council as presented.
POLICY CHANGE
Exhibit A: ADU & Co -Living Housing Amendments November 51h, 2025
Planning Commission Recommendation
TITLE E 20 ZONING
Chapter 20.20 - Urban Residential (UR) District
WCC 20.20.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary
Requirements) and Chapter 22.05 WCC (Project Permit Procedures), the Whatcom County
SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County
Shoreline Management Program.
.058 Accessory dwelling units when consistent with WCC 20.80.910.
WCC 20.20.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
-132— GGe ;ser-y�kRg-uwts-; -when-eeonsi-- .90-9 40
Chapter 20.22 - Urban Residential — Medium Density (URM) District
WCC 20.22.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary
Requirements) and Chapter 22.05 WCC (Project Permit Procedures), the Whatcom County
SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County
Shoreline Management Program.
.056 Accessory dwellinq units when consistent with WCC 20.80.910,
WCC 20.22.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
�.,or-y-dwe44ing-units-when-
Chapter 20.24 - Urban Residential Mixed (UR-MX) District
WCC 20.24.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary
Requirements) and Chapter 22.05 WCC (Project Permit Procedures), the Whatcom County
SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County
Shoreline Management Program.
.056 Accessory dwelling units when consistent with WCC 20.80.910.
WCC 20.24.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05,028:
Exhibit A: ADU & Co -Living Housing Amendments November 511, 2025
Planning Commission Recommendation
Chapter 20.64 — Resort Commercial (RC) District
WCC 20.64.050 Permitted uses.
The following permitted uses shall be allowed subject to an evaluation by the zoning
administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural
community designation, nonresidential uses listed below are permitted if a use of the same type
existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a
rural business designation all uses are permitted. Residential type uses listed below are
permitted in rural community and rural business designations.
.054 Residential type uses.
(7) Accessory dwelling units within Urban Growth Areas, when consistent with WCC 20.80.910.
WCC 20.64.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.132 Accessory dwelling units outside Urban Growth Areas, when consistent with
WCC 20.80.910.
WCC 20.80.910 Accessory dwelling units — Standards
Where allowed in the zoning district, all accessory dwelling units shall comply with the following
standards and restrictions:
(A) Outside Urban Growth Areas.
(1) This title shall apply to all lots outside of designated Urban Growth Areas as well as those
lots within Urban Growth Areas and the Lake Whatcom Watershed Overlay District, General
Commercial, Agriculture, Rural and Rural Forestry zoning districts.
(2-1) In addition to an existing or permitted dwelling, there shall be no more than one accessory
dwelling unit per lot.
(32) The owner(s) of the lot upon which the accessory dwelling unit is located shall occupy as
their primary domicile at least one of the dwelling units on that lot.
(43) Minimum Lot Size. In the districts where accessory dwelling units are allowed:
(a) For attached accessory dwelling units there is no minimum lot size, except in the Lake
Whatcom Watershed Overlay District as provided in subsection (3)(c) of this section and the
Rural Residential -Island District as provided in subsection (3)(d) of this section.
(b) For detached accessory dwelling units the minimum lot size shall be four and one-half
acres unless the parcel is large enough to accommodate two dwelling units consistent with
the gross density of the underlying zoning district; except:
(4) In the Agriculture District the minimum lot size for a detached accessory dwelling unit
is 40 acres.
Exhibit A: ADU & Co -Living Housing Amendments November 5', 2025
Planning Commission Recommendation
(iii) In the Rural Forestry District the minimum lot size for a detached accessory dwelling
unit is 20 acres.
(iiiv) In the Lake Whatcom Watershed Overlay District as provided in subsection (3)(c) of
this section.
(iv) In the Rural Residential -Island district as provided in subsection (3)(d) of this section.
(c) In the Lake W hatcom Watershed Overlay District the minimum lot size for any accessory
dwelling unit is 10 acres, unless the underlying zoning district is Rural Forestry, in which
case the minimum lot size is 40 acres.
(d) In the Rural Residential -Island District the minimum lot size for attached accessory
dwelling units is four and one-half acres, and for detached accessory dwelling units the
minimum lot size is 10 acres.
Table 20.80.910(3) Minimum Lot Size Required for an ADU
District
Attached ADUs
Detached ADUs
RR
N/A
4.5 ac
RR-1
4.5 ac
10 ac
R
N/A
4.5 ac
TZ
N/A
4.5 ac
AG
N/A
40 ac
RF
N/A
20 ac
STC
N/A
4.5 ac
RC *For lots outside
UGAs*
N/A
4.5 ac
LVWVO
10 ac; 40 ac if underlying district is RF
(54) Because when a subdivision is platted, roads and certain utilities (water, septic, sewer) are
sized for the proposed number of lots and do not account for accessory dwelling units:
(a) Accessory dwelling units are allowed (where permitted) in all subdivisions (both long and
short plats) that received preliminary plat approval prior to January 25, 1994.
(b) Except for UGAs, aAccessory dwelling units shall be prohibited in all subdivisions (both
long and short plats) that received preliminary plat approval after January 25, 1994, except
on those specific lots that are designating on the face of the final plat as allowing accessory
dwelling units.
(c) In no case shall an accessory dwelling unit be permitted in a reserve tract within plats
created through the cluster subdivision method.
(65) Design and Construction.
(a) Accessory dwelling units shall be clearly subordinate to the primary residence;
Exhibit A: ADU & Co -Living Housing Amendments November 5", 2025
Planning Commission Recommendation
(b) The maximum size of an accessory dwelling unit shall not exceed 1,248 square feet in
floor area; except, when the density credit program (Chapter 20.91 WCC) is used, the size
may be increased to a maximum of 1,748 square feet;
(c) Only one access point off of a public road shall be allowed to serve both the primary
residential unit and any accessory dwelling unit;
(d) Accessory dwelling units shall be located so as to minimize visual impacts to adjacent
properties and public rights -of -way, with location in immediate proximity to the primary
residence being preferred. Location closer to property lines than to the primary residence
may be considered when such location serves the goal of reducing overall visual impacts to
public rights -of -way and adjacent properties, and such location still meets the setback
requirements of this chapter.
(i) There shall be only one front entrance visible from the front yard and street for houses
with attached accessory dwelling units and only one additional entrance visible from the
front yard for detached accessory dwelling units;
(ii) To minimize visual impacts fencing and/or landscaping to screen the unit from public
rights -of -way and/or adjacent properties may be required;
(e) In the Agriculture District detached accessory dwelling units shall be located within the
farmstead cluster and comply with siting criteria found in WCC 20.80.255.
(76) Prior to building permit issuance, the owner shall record with the Whatcom County auditor a
deed restriction stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold
separately from the original dwelling, except in the event the zoning district allows such a
land division; and
(b) The owner(s) of the lot upon which the accessory dwelling unit is located shall occupy as
their primary domicile at least one of the dwelling units on that lot.
(B) Within Urban Growth Areas
(1) This title shall apply to all lots within desiqnated Urban Growth Areas except those lots
within the Lake Whatcom Watershed Overlav District, General Commercial, Agriculture, Rural,
and Rural Forestry zoning districts.
(2L,'In addition to an existing or permitted dwelling there shall be no more than two accessory commented [KGi]: Proposed amendment
dwelling units per lot #e{} consistent with Planning commission
n+o-�'lho chollL,o recommendation that passed 8-1
c v,c I-,ho #^e a�er� t�iert-ene aass�sser dwciiing
und-pE�.
(3) Minimum Lot Size, Design and Construction:
(a) No minimum lot size for either attached or detached accessory dwelling units;
b New or existing detached accessory dwelling units may be located on a lot line, if said lot
line abuts a public alley;
Exhibit A: ADU & Co -Living Housing Amendments
Planning Commission Recommendation
November 5`h, 2025
'a' Existing detached structures includinq garages barns and any other accessory buildings
maybe converted into accessory dwelling units even if the structure does not meet current
setback or lot coverage standards;
(d) The maximum size of an accessory dwelling unit shall not exceed 1,248 square feet in
floor area; except, when the density credit program _ Chapter 20,91 WCC) is used, the size
may be increased to a maximum of 1 748 square feet.
(4) Whatcom County will not prevent the sale, or other convevance, of a structure originals built
as an accessory dwelling unit as a condominium unit independently of the existing or permitted
dwelling unit.
WCC 20.80.580 Parking space requirements.
For the purpose of this chapter, the following parking space requirements shall apply (See also
WCC 20.97.140):
(50) Single-family dwelling (except accessory dwelling units : 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.
(62) Accessorr r Dwelling Unit: 2 for each unit, except:
Lal For lots smaller than 6,000 square feet, and located within an Urban Growth Area, 1
parking stall per unit is required: this exception does not apply to the Lake Whatcom
Watershed Overlav District.
Commented [KG2]: Proposed amendment
consistent with Planning Commission
recommendation that passed 9-0
Exhibit A: ADU & Co -Living Housing Amendments November 5`h, 2025
Planning Commission Recommendation
2) Allow Co -living housing in all UGA designations that allow six or more multifamily units.
The Washington State legislature passed House Bill (HB) 1998, codified as RCW 36.70A.535, which
requires a fully planning county to adopt development regulations allowing co -living housing on any lot
located within a UGA that allows at least six multifamily residential units, including on a lot zoned for
mixed use development. This must be reflected in local regulations by December 31, 2025, or be
preempted by state law. The associated amendments are also associated with the 2025 Comprehensive
Plan update for Whatcom County. The Co -housing living amendments are proposed to comply with
State law and adapt the requirements to the County's existing regulations. Co -living housing is a
residential development with sleeping units that are independently rented and lockable and provide
living and sleeping space, and residents share kitchen facilities with other sleeping units in the building.
Staff Comment:
PDS recommends allowing Co -living housing in the urban zoning districts that allow for six (6) or more
multifamily units per state guidance. Those zones include the URM, UR-MX, GC and RC zones only.
On 10/30/25 the Planning Commission recommended allowing Co -Living Housing in all UGA zoning
districts (and passed a supporting motion). If adopted by Council, the Planning Commission
recommendation would allow Co -living housing in all lower density single-family zones and in all
industrial and any other non-residential urban zones as an outright permitted use.',
PDS does not recommend allowing co -living housing in UGA residential zones that would allow for less
than six residential units or in any industrial or other non-residential urban zones. Commerce guidance
recommends only allowing co -living housing in UGA zones that allow six or more multifamily units. Co -
living housing is a multifamily type of housing, potentially incompatible with lower density single family
residential zones and industrial zones.
POLICY CHANGE
TITLE 20 ZONING
Chapter 20.20 Urban Residential (UR District
WCC 20.20.050 Permitted uses.
.060 Co -living housing, provided the density requirements in WCC 20.20.252 are not exceeded.
Chapter 20.22 Urban Residential —Medium Density (URM)
WCC 20.22.050 Permitted uses.
.051 Single-family dwellings, single-family attached, duplexes, 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
Commented [KG3]: Motion to allow co -housing
in all zones in UGAs including forestry and
agricultural zone was approved by Planning
Commission 8-1.
In contrast, Galloway proposed amendment is
intended to allow co -living in all residential zones —
but not industrial or other non-residential zones
(which is consistent with PDS recommendation)
Exhibit A: ADU & Co -Living Housing Amendments November 5', 2025
Planning Commission Recommendation
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.
.059 Co-livinq housinq provided the densityreguirements in WCC 20.20.252 are not exceeded.
Chapter 20.24 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT
WCC 20.24.130 Administrative approval uses.
.132 Duplexes and -multifamily and co livinq housing dwellings subject to the following limitations
and the developer has conducted at least one neighborhood meeting prior to application for the
purpose of hearing neighborhood concerns and suggestions regarding the proposal. Where
being developed in an existing neighborhood characterized by residential development at
densities of one dwelling per acre or greater, the uses listed in this section shall be administered
as conditional uses rather than administrative approval uses; and are subject to the same
criteria, requirements, bonuses and restrictions as if they were administrative approval uses:
(1) Duplex, and -multifamily dwelling and co -living housing units do not comprise more than 25
percent of the total dwelling units allowed for the entire site.
(2) Duplexes and multifamily and co-livinq housinq dwelling units are constructed at the same
time as, or after, at least 50 percent of the single-family units in an approved development.
(3) Multifamily and co -living housinq development shall not be allowed within the UR-MX Zone
located southeast of the Bellingham International Airport.
Chapter 20.32 Residential Rural (RR) District
WCC 20.32.050 Permitted uses.
W
.058 Co -living housinq, provided the density requirements in WCC 20.20.252 are not exceeded.
Chapter 20.34 Rural Residential ® Island (RR-1) District
WCC 20.34.050 Permitted uses.
ON
.060 Co -living housinq_ provided the density requirements in WCC 20.20.252 are not exceeded.
Chapter 20.35 Eliza Island (EI) District
WCC 20.35.050 Permitted uses.
Exhibit A: ADU & Co -Living Housing Amendments November 5`h, 2025
Planning Commission Recommendation
.058 Co -living housing provided the density requirements in WCC 20.20.252 are not exceeded.
Chapter 20.36 Rural (R) District
WCC 20.36.050 Permitted uses.
M
.063 Co -living housing provided the density requirements in WCC 20.20.252 are not exceeded.
Chapter 20.37 Point Roberts Transitional Tone (TZ) District
WCC 20.37.050 Permitted uses.
.059 Co -living housing provided the density requirements in WCC 20,20.252 are not
exceeded.
Chapter 20.62 General Commercial (GC) District
WCC 20.62.050 Permitted uses
.066 Duplexes, co -living housing, and multifamily dwellings not to exceed 18 units per gross
acre subject to all of the following requirements:
(7) Duplexes, co -living housing and multifamily dwellings shall not be located within airport
overlay zone 2 or 3 as shown in Whatcom County Comprehensive Plan Appendix H.
(8) Within the Columbia Valley Urban Growth Area, duplex, co -living housing, and multifamily
development shall not occupy more than 25 percent of the total land area in the General
Commercial Zone. This restriction does not apply to dwellings located above ground -floor
commercial development.
Chapter 20.64 Resort Commercial (RC) District
WCC 20.64.050 Permitted uses.
20.64.054
(...).054 Residential type uses.
(1) One single-family dwelling per lot of record.
(2) One duplex per lot of record.
Exhibit A: ADU & Co -Living Housing Amendments November 51h, 2025
Planning Commission Recommendation
(3) Rooming houses accommodating eight or less nonfamily members.
(4) Multifamily dwellings containing eight or less sleeping units. In the Birch Bay UGA, public
water and sewer must serve the dwellings.
L7 Co -living housing containing eight or less units. In the Birch Bay UGA and public water and
sewer must serve the dwellings.
WCC 20.64.150 Conditional uses.
.153 Residential type uses.
(1) Multifamily dwellings including residential condominiums totalling more than eight sleeping
units. In the Birch Bay UGA, public water and sewer must serve the dwellings.
(2) Mobile home parks. See WCC 20.80.950 for mobile home and recreational vehicle park
standards.
(3) Rooming, boarding, and co living housing #euses-totaling more than eight -six sleeping units.
Chapter 20.97 Definitions
WCC 20.97.030 "C" definitions.
Co -living Housing. "Co-livin housing" means a residential development with sleeping units
that are independently rented and lockable and provide livinq and sleeping space and residents
share kitchen facilities with other sleeping units in the buildinq. Refer to the definition of Co-
livino Housing Sleeping Unit,
Co -living Housing Sleeping Unit. A residential development with independently rented and
lockable sleeping. Residents share kitchen facilities with other sleeping units in the building.
A co -living sleeping unit shall be calculated at % of a dwellinq unit for the purpose of density
calculations.
Cooking Facility. "Cooking facility"_See Kitchen facilities. "
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Exhibit A: ADU & Co -Living Housing Amendments November 5', 2025
Planning Commission Recommendation
WCC 20.97.110 "K" definitions.
Kitchen Facilities. Kitchen facilities are a room or space used for cooking or the preparation of
food with all of the following: sink (not shared with sanitation facilities), 220 volt electric or gas
stovetop with ventilation refrigerator, and food preparation area. Portable or countertop
appliances are not part of kitchen facilities. mans-a-reerr�-Qr-pert+en-th,�r����esigaated-anc#�er
sustemerily-used-as-a-place fer-th"repara#ioa;-sanitafion-and-sooR Rg-of-feod-A second
cooking facility will be allowed within a permitted single-family residence if a covenant or
agreement document is signed, notarized, and recorded with the Whatcom County auditor
acknowledging that the second cooking facility is permitted only as part of the single-family
residence. The county may draft the covenant or agreement upon whatever terms the county in
its discretion deems proper.
3) (GMA required update) Revise Parking requirements.
In 2024, the Washington Legislature adopted Substitute Senate Bill 6015 to establish new
requirements for residential parking regulations in the Growth Management Act (GMA). The law is
codified under RCW 36.70A.622. In summary, the law requires changes to counties residential
parking requirements.
TITLE 20 ZONING
Chapter 20.80 Supplementary Requirements
20.80.580 Parking space requirements.
For the purpose of this chapter, the following parking space requirements shall apply (See also
WCC 20.97.140):
(1) Administration buildings (public or private): 1 for each 200 square feet of floor area.
(2) Apartments: 3 for each 2 units.
(3) Apartment hotels: 3 for each 2 units.
(4) Art galleries: 1 for each 300 square feet of floor area.
(5) Auditoriums: 1 for each 4 seats.
(6) Automobile service stations (which also provide repair): 1 for each gasoline pump and 2 for
each service bay.
(7) Banks: 1 for each 200 square feet of floor area.
(7.1) Bed and breakfast establishments and inns: 1 for each rented sleeping unit in addition to
the parking spaces required for the single-family dwelling.
(8) Boarding houses: 1 for each bed.
(8) Co -living: 0.25 off-street parking spaces are required per sleeping unit.
(9) Bowling alley: 4 for each alley or lane plus one additional space for each 100 square feet of
the area used for restaurant, cocktail lounge or similar use.
(10) Business and commercial (general): 1 for each 300 square feet of floor area.
(11) Business schools: 1 for each 2 classroom seats.
(12) Cartage, express and parcel delivery: 1 for every employee (on the largest shift for which
the building is designed) and 1 for each motor vehicle maintained on the premises.
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Exhibit A: ADU & Co -Living Housing Amendments November 5`h, 2025
Planning Commission Recommendation
(13) Child care centers: 2 for each classroom but not less than 6 for the building.
(14) Children's homes: 1 for each 3 beds.
(15) Churches: 1 for each 4 seats.
(16) Colleges: 1 for each 3 students.
(17) Dance floors: 1 for each 100 square feet of floor area used for the activity.
(18) Dental clinics: 1 for every 200 square feet of floor area of examination.
(19) Dining rooms: 1 for each 100 square feet of floor area.
(20) Dormitories: 1 for each bed.
(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.
(22) Elementary school: 1 for each teacher and 1 for every 8 seats in auditoriums or assembly
halls.
(23) Financial institutions: 1 for each 200 square feet of floor area.
(24) Fraternities: 1 for each bed.
(25) Freight terminals: 1 for every employee (on the largest shift for which the building is
designed) and 1 for each motor vehicle maintained on the premises.
(26) Funeral parlors: 1 for each 100 square feet of floor area in slumber rooms, parlors or
service rooms.
(27) Homes for the aged: 1 for each 3 beds.
(28) Hospitals: 1 1/2 for each bed.
(29) Hotels: 1 per each sleeping room plus 1 space for each 2 employees.
(30) Junior high schools: 1 for each teacher and 1 for every 8 seats in auditoriums or assembly
halls.
(31) Kindergartens: 2 for each classroom but not less than 6 for the building.
(32) Libraries: 1 for each 300 square feet of floor area.
(33) Manufacturing uses: 1 for every employee (on the largest shift for which the building is
designed) and 1 for each motor vehicle maintained on the premises.
(34) Medical clinic: 1 for every 200 square feet of floor area of examination, treating room, office
and waiting room.
(35) Mobile homes: 2 for each unit.
(36) Mortuaries: 1 for each 100 feet of floor area in slumber rooms, parlors or service rooms.
(37) Motels: 1 per each sleeping room plus 1 space for each 2 employees.
(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.
(39) Museums: 1 for each 300 square feet of floor area.
(40) Night club: 1 for each 100 square feet of floor area.
(41) Nursing homes: 1 for each 3 beds.
(42) Nursery schools: 2 for each classroom but not less than 6 for the building.
(43) Offices: 1 for each 200 square feet of floor area.
(44) Parks, golf courses, cemeteries and other uses consisting primarily of open space: 1 for
each acre of land; provided, that this requirement may be increased or decreased by the zoning
administrator or hearing examiner, as appropriate, based on anticipated intensity of use of the
property.
(45) Retail stores: 1 for each 250 square feet of floor area.
(46) Restaurants: 1 for each 100 square feet of floor area.
(47) Rooming houses: 1 for each bed.
(48) Sanitariums: 1 for each 3 beds.
(49) Service building: 1 for each 200 square feet of floor area.
(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.
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Exhibit A: ADU & Co -Living Housing Amendments November 5", 2025
Planning Commission Recommendation
(51) Skating rinks: 1 for each 100 square feet of floor area used for the activity.
(52) Sports arenas: 1 for each 4 seats.
(53) Storage uses: 1 for every employee (on the largest shift for which the building is designed)
plus 1 for each motor vehicle used in the business.
(54) Swimming pools (outdoor -public, community or club): 1 for each 5 persons capacity plus 1
for each 4 seats or 1 for each 30 square feet of floor area used for seating purposes, whichever
is greater.
(55) Taverns: 1 for each 100 square feet of floor area.
(56) Technical schools: 1 for each 2 classroom seats.
(57) Theaters: 1 for each 4 seats.
(58) Trade schools: 1 for each 2 classroom seats.
(59) Universities: 1 for each 3 students.
(59.1) Vacation rental units: 1 for each sleeping unit.
(60) Wholesale uses: 1 for every employee (on the largest shift for which the building is
designed) plus 1 for each motor vehicle used in the business.
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