Chapter 20.04
GENERAL PROVISIONS

Sections:

20.04.010    Statutory authority.

20.04.020    Statement of purpose.

20.04.030    Interpretation and conflict.

20.04.031    Vesting of permits.

20.04.035    Administrative responsibilities.

20.04.040    Title.

20.04.050    Application.

20.04.060    Establishment of districts.

20.04.070    Adoption of district zoning maps.

20.04.075    Watershed boundaries.

20.04.076    Repealed.

20.04.080    Amendments.

20.04.090    Application fees and other fees.

20.04.091    Reduced application fees.

20.04.092    Refund of application fees.

20.04.010 Statutory authority.

This ordinance is adopted pursuant to the provisions of Chapter 36.70 RCW which empowers a county to enact a zoning ordinance and provide for its administration, enforcement and amendment.

20.04.020 Statement of purpose.

The purpose and intent of the title is to further the goals and policies of the Whatcom County Comprehensive Plan by providing the authority for and procedures to be followed in regulating the physical development of Whatcom County, through coordinating the execution of both public and private projects with respect to all subject matters utilized for developing and servicing land. The objective of this title is to assure the highest standards of environment for living, and the operation of commerce, industry, agriculture and recreation; and to assure maximum economies in order to conserve the highest degree of public health, safety, morals and welfare.

20.04.030 Interpretation and conflict.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of public health, safety, convenience, order, morals and general welfare. It is not intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided however, that where this title imposes a greater restriction on the use of buildings or land or requires larger space than is imposed or required by other ordinance, rules or private agreements, the provisions of this title shall govern. In the event that uncertainty is deemed to exist on the official Whatcom County zoning map, district boundaries shall be on section lines; lot lines; the center lines of highways, streets, alleys, railroad right-of-way or such lines extended; municipal corporation lines; natural boundary lines, such as streams and topography; the ordinary high water mark (OHWM) of lakes, streams and tidal waters subject to Shoreline Management Program jurisdiction; or other lines to be determined by the use of scales shown on said map. Where a zoning district line purposely divides a land parcel, such parcel shall be subject to the procedures and requirements of the respective districts as applied. In the event that districts are overlain by Shoreline Management Program designation(s), the most restrictive regulations of either the Shoreline Management Program or the Official Whatcom County Zoning Ordinance shall apply. (Ord. 2000-038 § 1, 2000).

20.04.031 Vesting of permits.

(1) Project Permits Defined. For the purpose of this section, “project permit” and “project permit application” shall be as defined in RCW 36.70B.020:

Any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit development permits, site plan review, permits or approvals required by critical areas ordinances, site specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

(2) Project Permits Approved Prior to Effective Date.

(a) Project permits which have been approved by Whatcom County on or before the effective date of the ordinance codified in this section are hereby deemed to be vested under the zoning and land use regulations in effect at the time of the complete application therefor.

(b) Future building permits that may be required to construct or complete the project as originally approved shall be subject to the building codes in place at the time of the building permit application.

(3) Project Permit Applications Submitted After the Effective Date.

(a) Project permit applications submitted after the effective date of the ordinance codified in this section shall be vested under the zoning and land use regulations in effect at the time of application; provided, that the county has not subsequently notified the applicant that the application is incomplete.

(b) If the county has notified the applicant that the application is incomplete, the application shall not be deemed vested until the date the county notifies the applicant that the application is complete.

(c) Until the county implements RCW 36.70B.070, the county shall make the determination of completeness in accordance with its existing policy. Once the provisions of RCW 36.70B.070 regarding completeness are implemented, such provision shall govern the determination of a complete application.

(d) Future building permits that may be required to construct or complete the project as originally approved shall be subject to the building codes in place at the time of the building permit application.

(4) Project Permit Applications Submitted Prior to the Effective Date, But Which Have Not Received Final Approval on or Before the Effective Date.

(a) Project permit applications submitted prior to the effective date of the ordinance codified in this section but which have not received final approval on or before the effective date of the ordinance codified in this section shall be deemed vested under the zoning and land use regulations in effect at the time the county accepted payment of an application fee; provided, that the county has not subsequently notified the applicant that the application is incomplete.

(b) If the county has notified the applicant that the application is incomplete, the application shall not be deemed vested until the date the county notifies the applicant that the application is complete.

(c) Future building permits that may be required to construct or complete the project as originally approved shall be subject to the building codes in place at the time of the building permit application.

(5) Additional Provisions.

(a) Nothing herein shall restrict the county’s authority to impose conditions on project permits pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and WAC 197-11-600.

(b)  Project permit applications for development of lots created by the short plat process shall comply with all development regulations, including but not limited to the critical areas ordinance, impervious surface restrictions, environmental work closure periods, and all other applicable code standards. (Ord. 2006-061 § 1 (Att. A)(4), 2006; Ord. 96-011).

20.04.035 Administrative responsibilities.

The land use division of the planning and development services department is responsible for the administration of this title. The division shall act as a coordinating agent to ensure that the regulatory process is expeditious and shall recognize input provided by other departments having appropriate expertise including: the division of engineering for solid waste, road, drainage and land alteration; the fire marshal for fire-related issues; the Whatcom County health department for domestic water, waste disposal and noise; and the planning division for land use and general site design. All departments of county government shall cooperate fully with the land use division in the exercise of their duties relative to land use controls and regulations. (Ord. 84-79, 1984).

20.04.040 Title.

This title may be cited as either:

(1) Official Whatcom County Zoning Ordinance; or

(2) Title 20, Whatcom County Code; or

(3) Whatcom County Zoning Code.

20.04.050 Application.

This title shall be applicable to all lands in Whatcom County outside existing incorporated cities. This title is to be read pursuant to Chapter 36.70A RCW as development regulations implementing the Whatcom County Comprehensive Plan. (Ord. 98-083 Exh. A § 1, 1998).

20.04.060 Establishment of districts.

For the purpose of furthering the goals and policies of the Comprehensive Plan and to carry out the provisions of this title, Whatcom County is hereby divided into the following districts:

Chapter

Abbreviation

District

20.20

UR

Urban Residential

20.22

URM

Urban Residential Medium Density District

20.24

UR-MX

Urban Residential Mixed District

20.32

RR

Residential Rural

20.34

RR-I

Rural Residential-Island

20.35

EI

Eliza Island District

20.36

R

Rural

20.37

TZ

Point Roberts Transitional Zoning District

20.38

APO

Agriculture Protection Overlay

20.40

AG

Agricultural

20.42

RF

Rural Forestry

20.43

CF

Commercial Forestry

20.44

ROS

Recreation and Open Space

20.59

RGC

Rural General Commercial

20.60

NC

Neighborhood Commercial

20.61

STC

Small Town Commercial

20.62

GC

General Commercial

20.63

TC

Tourist Commercial

20.64

RC

Resort Commercial

20.65

GI

Gateway Industrial

20.66

LII

Light Impact Industrial

20.67

GM

General Manufacturing

20.68

HII

Heavy Impact Industrial

20.69

RIM

Rural Industrial and Manufacturing

20.70

AO

Airport Operations

20.71

 

Water Resource Protection Overlay District

20.72

 

Point Roberts Special District

20.73

MRL

Mineral Resource Lands Special District

20.74

CP

Cherry Point Industrial District

20.85

PUD

Planned Unit Development

(Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2005-079 § 1, 2005; Ord. 99-012 § 1(1), 1999; Ord. 98-083 Exh. A § 2, 1998; Ord. 97-046 § 1, 1997; Ord. 87-65, 1987; Ord. 85-100, 1985; Ord. 84-38, 1984; Ord. 82-58, 1982).

20.04.070 Adoption of district zoning maps.

The boundaries and district classifications hereby established are shown on a map, and series thereof, entitled the “Official Whatcom County Zoning Map.” Such maps and all notations, references, data and other information shown thereon are by reference made part of this title.

20.04.075 Watershed boundaries.

Where provisions of this title refer to watershed boundaries, the approximate location and extent of such watershed boundaries shall be based on surface water delineation maps, which shall be available at the planning and development services department for public inspection. Property owners, the director, and/or members of the public may use these watershed boundary maps as a general guide, but the maps do not provide a comprehensive accounting of areas subject to this title nor do they provide a definitive watershed boundary designation. Watershed boundaries shown on the county’s maps are approximate. Field investigation, analysis by a qualified professional, and/or consideration of other sources of credible scientific information may be required to confirm watershed boundaries. The county shall update the maps on a regular and consistent basis as new information becomes available. (Ord. 2009-020 Exh. F).

20.04.076 National Pollution Discharge and Elimination System (NPDES) Phase II Area boundary.

Repealed by Ord. 2015-002. (Ord. 2010-003 Exh. A, 2010).

20.04.080 Amendments.

WCC Title 20 text and zoning maps were originally adopted as part of the Cherry Point-Ferndale Subarea Comprehensive Land Use Plan (Adopted December 17, 1981, Ordinance No. 81-99). Subsequent text and map changes to WCC Title 20 are as follows:

(1) Text Amendments.

(a) Ordinance No. 82-58, effective September 2, 1982; File Ref. No. ZMT 5-81, amendment of WCC Title 20 and adoption of zoning text for the Lake Whatcom Subarea. (Amended by Ordinance 84-4).

(b) Ordinance No. 82-78, dated November 4, 1982; File Ref. No. ZT 6-82, amendment of WCC Title 20 pertaining to the Regulation of Nonconforming Uses and Parcels, WCC 20.83.060, 20.83.070, 20.83.071 and 20.83.072.

(c) Ordinance No. 83-17, effective date March 21, 1983, no file reference, amendment of WCC 20.97.450 pertaining to the definition of “front yard.”

(d) Ordinance No. 83-31, effective May 2, 1983; File Ref. No. ZT 2-83, amendment of Chapters 20.20, 20.22, 20.32 and 20.36 WCC to allow temporary dwellings for disabled family members as a conditional use.

(e) Ordinance No. 83-32, effective date May 2, 1983; File Ref. No. ZT 4-83, amendment of WCC 20.40.153 to reduce setback requirements for seasonal farm labor housing and camping facilities.

(f) Ordinance No. 84-23, effective date March 12, 1984, no file reference, amendment and clarification of the scope of Ordinance No. 83-31 (WCC 20.04.080(1)(d)) pertaining to temporary dwellings for disabled family members.

(g) Ordinance No. 84-24, effective date March 12, 1984, no file reference, amendment of WCC 20.92.150 clarifying the appointment procedure for the hearing examiner.

(h) Ordinance No. 84-38, effective date April 23, 1984; File Ref. No. ZMT 4-82, amendment of Title 20 and adoption of zone text for the Urban Fringe Subarea.

(i) Ordinance No. 84-79, effective date August 27, 1984; File Ref. No. ZT 11-83, adoption of Chapter 20.85 WCC, Planned Unit Development Ordinance and WCC 20.04.035, Administrative Responsibilities, and amendment of Chapter 20.92 WCC, Hearing Examiner.

(j) Ordinance No. 85-13, effective March 4, 1985; File Ref. No. ZMT 6-84, amendment of WCC 20.63.155 pertaining to public uses.

(k) Ordinance No. 85-17, effective March 21, 1985; File Ref. No. ZT 1-85; amending WCC 20.36.157(1) dealing with conditionally permitted uses in the Rural district as well as adding a new WCC 20.36.164.

(l) Ordinance No. 85-31, effective May 27, 1985; File Ref. No. ZT 4-85, amendment of WCC 20.80.210 pertaining to setback requirements of the General Manufacturing Zone.

(m) Ordinance No. 85-33, effective June 17, 1985; File Ref. No. ZT 11-85, amendment of WCC 20.84.250, pertaining to Fees.

(n) Ordinance No. 85-36, effective June 17, 1985; File Ref. No. ZT 9-85, amendment of WCC 20.62.651 pertaining to landscaping requirements.

(o) Ordinance No. 85-37, effective June 17, 1985; File Ref. No. ZT 9-85, amendment of WCC 20.66.551, pertaining to conditions of the Light Impact Industrial District.

(p) Ordinance No. 85-38, effective June 17, 1985; File Ref. No. ZT 9-85, amendment of WCC 20.80.210, pertaining to minimum building setbacks.

(q) Ordinance No. 85-41, effective June 17, 1985; File Ref. No. ZT 6-85, amendment of WCC 20.92.205(1) and 20.92.210, pertaining to hearing examiner decisions on preliminary plats.

(r) Ordinance No. 85-55, effective August 5, 1985; File Ref. No. ZT 8-85, temporary creation of a new section to both Title 20 and the Interim Zoning Ordinance to be known as 20A and 2.24A, respectively, to allow temporary bed and breakfast establishments in specified zone districts as a permitted use during April 1, 1986, through November 30, 1986, only (to accommodate Expo 86 anticipated needs).

(s) Ordinance No. 85-70, dated August 8, 1985; File Ref. No. ZT 10-85, amendment of WCC 20.20.400, 20.22.400, 20.32.400, 20.36.400, 20.97.040 and 20.97.162 pertaining to Building Height definitions and regulations.

(t) Ordinance No. 85-79, effective December 2, 1985; File Ref. No. ZT 12-85, temporary creation of a new section to both Title 20 and the Interim Zoning Ordinance to be known as 20B and 2.24B, respectively, to allow temporary Recreational Vehicle Parks and Campgrounds in specified zone districts as permitted uses during April 1, 1986, through November 30, 1986, only (to accommodate Expo 86 anticipated needs).

(u) Ordinance No. 85-100, effective December 16, 1985; File Ref. No. ZMT 13-85, amendment of WCC 20.04, 20.80 and 20.90; and addition of new Chapter 20.34 Rural Residential-Island for Lummi Island Subarea.

(v) Ordinance No. 86-9, effective March 6, 1986; File Ref. No. ZT 2-86, amendment of WCC 20.82 pertaining to public utilities.

(w) Ordinance No. 86-15, effective March 17, 1986; File Ref. No. ZT 15-85, amendment of 20.83.040 pertaining to nonconforming uses and parcels.

(x) Ordinance No. 86-16, effective March 17, 1986; File Ref. No. ZT 16-85, amendment of 20.85.403 Fees, and 20.88.285 Major Development Permits – exempting a P.U.D. from requirements thereof.

(y) Ordinance No. 86-20, effective March 31, 1986; File Ref. No. ZT 3-86, amendment of 20.80.282, Agriculture District.

(z) Ordinance No. 86-21, effective April 7, 1986; File Ref. No. ZT 2-86, amendment of Ordinance No. 86-9 to more clearly set forth the applicability of that ordinance to certain properties situated adjacent to power line rights-of-way.

(aa) Ordinance No. 86-29, effective May 12, 1986; File Ref. No. CMT 3-85 and ZMT 14-85, adoption of Chuckanut-Lake Samish Subarea Comprehensive Plan and amendment of Title 20, Chapters 20.32, 20.60 and 20.97.

(bb) Ordinance No. 86-42, effective June 30, 1986; File Ref. No. CMT 1-86 and ZMT 1-86, adoption of Lynden-Nooksack Valley Subarea Comprehensive Plan and amendment of Title 20, Chapters 20.36, 20.40, 20.42, 20.80 and 20.97.

(cc) Ordinance No. 86-55, effective July 28, 1986; File Ref. No. ZT 4-86; addition of text to the Rural Residential-Island zone, WCC 20.34.254, that exempts lots platted on Lummi Island prior to 1978 from the lot consolidation provisions of WCC 20.83.070.

(dd) Ordinance No. 86-56, effective July 28, 1986; File Ref. No. ZT 5-86; amending the Urban Residential Medium Density District, Chapter 20.22 WCC, to conditionally permit churches, and amending the Light Impact Industrial District, Chapter 20.66 WCC, to permit churches outright.

(ee) Ordinance No. 86-69, effective September 1, 1986; File Ref. No. ZT 7-86; amending Chapters 20.20, 20.22, 20.32, 20.34, 20.36 to remove the size limit of 600 square feet from the use of temporary dwellings in cases of need for medical care and to allow this use in the Rural Residential-Island Zone District.

(ff-a) Ordinance No. 86-78, effective November 17, 1986; File Ref. No. ZTM 9-86; amending WCC 20.40.170 re: temporary dwelling; 20.60.653 re: off-street parking and loading; and 20.97.318 adding Professional Office definition.

(ff) Ordinance No. 87-11, effective March 16, 1987; File Ref. No. ZT 9-86; and Ordinance No. 87-12, effective March 16, 1987; File Ref. No. 1-87 ZT; amending Chapters 20.20, 20.22, 20.32, 20.34, 20.36, 20.40, 20.42, 20.60, 20.62, 20.63, 20.64, 20.66, 20.67, 20.68, 20.80, 20.82, 20.83, 20.84, 20.88, 20.92, 20.97, and deleting Chapter 20.86 to make numerous housekeeping amendments, expand uses in some zone districts, make consistent conditional uses in residential districts, amend supplementary requirements, and add, delete, or modify definitions in conformance with the other amendments.

(gg) Ordinance No. 87-23, effective April 27, 1987; File Ref. No. 1-87:ZT, amending WCC 20.20.104, 20.22.104, 20.32.104, 20.34.104, 20.36.104, 20.40.110, 20.42.064 to allow temporary dwelling units while permanent units are under construction and WCC 20.32.250 to clarify the maximum densities and minimum lot sizes allowed.

(hh) Ordinance No. 87-33, effective June 29, 1987; File Ref. No. 3-87:ZT, amending WCC 20.92.640 to correct flaws in the hearing examiner appeal process and WCC 20.40.251 to provide an additional exception and to clarify and strengthen the existing exceptions to the 40 acre minimum lot size for land divisions in the Agriculture Zone.

(ii) Ordinance No. 87-51, effective September 14, 1987; File Ref. No. 6-87:ZT, amending WCC 20.63.050, 20.63.150, and 20.63.652 to allow indoor commercial recreation facilities as permitted uses; to allow outdoor commercial recreation facilities as conditional uses; and to provide for screening of outdoor commercial recreation facilities in the Tourist Commercial Zone District.

(jj) Ordinance No. 87-64, effective October 26, 1987; File Ref. No. 9-87:ZT, amending WCC 20.36.150 to allow certain commercial operations that directly provide goods and services to agricultural operators as conditional uses in the Rural Zone District.

(kk) Ordinance No. 87-65, effective November 16, 1987; File Ref. No. 5-87:CZ and File Ref. 8-87:ZT, amending the Resort Commercial District; adopting the Gateway Industrial District; and adopting Title 20 for the geographic area known as the Birch Bay-Blaine Subarea.

(ll) Ordinance No. 87-84, effective December 14, 1987; File Ref. No. 10-87:ZT, exempts sewage sludge as a Conditional Use in the Rural, Agricultural and Forestry zones and allowing it an Accessory Use when regulated by a Utilization Permit issued by the health department.

(mm) Ordinance No. 88-13, effective February 29, 1988; File Ref. No. 01-88:ZT; allows public facilities in the Neighborhood Commercial, General Commercial and Airport Operations zones as permitted uses; allows public facilities related to health and safety as permitted uses and to eliminate the 50-foot setback for all public facilities in the Agricultural zone.

(nn) Ordinance No. 88-29, effective May 2, 1988; File Ref. No. 01-88:ZT; numerous housekeeping amendments; involves: water storage reservoirs (20.82), temporary use of recreation vehicles (20.36, 20.42, 20.64 and 20.97.335), setbacks (20.80), corner lots (20.80), buffer area (20.66), sign controls (20.80), lot coverage (20.20, 20.22, 20.32, 20.34 and 20.36), single-family residential dwellings (20.40, 20.42), residential dwelling units (20.60, 20.62, 20.63 and 20.64), multiple family uses (20.22), density and lot size (20.22), housing for ag workers (20.36), nonconforming uses and parcels (20.83).

(oo) Ordinance No. 88-28, effective May 2, 1988; File Ref. No. 04-88:ZT; allows hotels and motels in the General Commercial zone and modifies existing requirements regarding hotels and motels in the Tourist Commercial zone.

(pp) Ordinance No. 88-30, effective May 2, 1988; File Ref. No. 03-88:CZMT; freeway oriented uses within Tourist Commercial zones and within 1500 feet of freeway interchanges to have one elevated sign up to 50 feet above the highest roadbed of the interchange.

*(qq) Ordinance No. 87-41, effective August 1, 1987 (from Public Works Dept.); establishes new fee amounts for fee amounts.

(rr) Ordinance No. 88-40, effective May 16, 1988; File Ref. 01-88B; allows noncommercial boat docks and other water related structures as permitted and conditional uses in the Urban Residential, Urban Residential Medium Density and Residential Rural zones.

(ss) Ordinance No. 88-52, effective June 27, 1988; File Ref. 6-88:ZT; allows research facilities in the General Manufacturing zone.

(tt) Ordinance No. 88-53, effective June 27, 1988; File Ref. 8-88:ZT; allows multifamily dwelling units in the General Commercial zone.

(uu) Ordinance No. 88-76, effective August 1988; File Ref. 14-88:ZT; allows solid waste facilities in industrial zones.

(vv) Ordinance No. 88-89, effective November 13, 1988; File Ref. 13A-88:ZT; amends 20.40.165 to include rock crushing as a conditional use in the Ag zone.

(ww) Ordinance No. 88-93, effective November 27, 1988; File Ref. 09-88:CZMT; creates definition for “cottage industry”; revises Rural, Rural Resid; Rural Resid-Island, and Ag zones to conditionally permit cottage industries; and to allow limited residential development in the Resort Commercial zone where public sewer and water services are not available.

(xx) Ordinance No. 88-92, effective November 27, 1988; File Ref. 09-88:CZMT; adopts Title 20 zoning for the Foothills Subarea adoption.

(yy) Ordinance No. 88-100, effective December 11, 1988; File Ref. No. 18-88:ZT; clarifies and modifies setbacks for off-premises advertising signs 20.80.215 and 20.80.510.

(zz) Ordinance No. 88-104, effective December 25, 1988; File Ref. No. 20-88:ZT/IZO; provides for a permit revocation procedure for permits granted by the hearing examiner; 20.92.155, 20.92.210, 20.92.250 and 20.92.620.

(a1) Ordinance No. 89-10, effective March 13, 1989; File Ref. No. 14A-88:ZT/IZO; allows hazardous waste treatment and storage facilities in all zones where hazardous substances are processed or handled; and definitions for hazardous waste and storage facilities.

(a2) Ordinance No. 89-55, effective 6/29/89; File Ref. No. 06-89:ZT; provides for limited transient accommodations in PUDs in the UR and URM zones.

(a3) Ordinance No. 89-92, effective 10/30/89; File #08-89:CZTM; readoption of Lake Whatcom Subarea for the urban zones and clarifying density limitations and transfer opportunities in the URM zone and modifying 20.22.252 to more clearly reflect density restrictions in the URM zone.

(a4) Ordinance No. 89-117, effective 12/18/89; File #03-89:ZT; revises the landscaping, buffering, screening and setback requirements.

(a5) Ordinance No. 90-11, effective 3/23/90; File #02-90:ZT; allows golf courses and commercial recreation facilities related to golf courses as conditional uses in the UR and LII zone.

(a6) Ordinance No. 90-22, effective 4/7/90; File No. 03-90:ZT; modifies 20.80.220 regarding reversal of setbacks in the shoreline area.

(a7) Ordinance No. 90-27, effective 4/21/90; File No. 01-90:ZT; amends Gateway Industrial District, 20.65.055, to allow tourist commercial retail shops up to but not to exceed 35,000 sq. ft.

(a8) Ordinance No. 90-41, effective 5/8/90; File No. 05-90:ZT; allows cemeteries as conditional uses in UR, URRM, RR, RR-I, R, GC and RC zone districts.

(a9) Ordinance No. 90-45, effective 5/28/90; File No. 04-89:CZMT; adoption of Point Roberts Subarea Comprehensive Plan and amendment of Title 20 to incorporate changes regarding Clustering and Density Transfer Procedures; and adoption of Chapter 20.72 WCC Point Roberts Special District.

(a10) Ordinance No. 90-85, effective 8/18/90; File #11-90:ZT; modifications to Chapter 20.80 Supplementary Requirements, WCC 20.64.600 and 20.65.606 Resort Commercial and Gateway Industrial sign regulations and Chapter 20.97 Definitions, to include additional restrictions on off-premises advertising signs.

(a11) Ordinance No. 90-124, effective 12/14/90; File #17-90:ZT; citizens voted to enact Initiative 4-90, high voltage transmission lines over 115,000 volts restricted to industrial zones.

(a12) Ordinance No. 90-128, effective 12/27/90; File #26-90:ZT; prohibiting tree cutting in Heron Rookery within 200 meter buffer area until 8/31/91.

(a13) Ordinance No. 91-005, effective 1/22/91; File #26-90:ZT; amending that requests for divisions of agricultural land be reviewed by a committee representing Buildings and Code, Planning, Soil Conservation Service, and Agricultural Extension Service.

(a14) Ordinance No. 91-009, effective 2/2/91; File #26-90:ZT; amending text to allow administrative approval instead of conditional use approval of temporary second dwellings for families with special medical needs.

(a15) Ordinance No. 91-013, effective 3/9/91; File #16-90:ZT; amending text regarding solid waste facilities in the Rural, Agriculture Forestry, Heavy Impact Industrial, General Manufacturing, and Light Impact Industrial zones.

(a16) Ordinance No. 91-023, effective 4/6/91; File #24-90:CZMT; amendment of Chapter 20.42; changing the Forestry (F) zoning district to a Rural Forestry (RF) district; and adding Chapter 20.43 WCC to include the provisions of the Commercial Forestry (CF) district.

(a17) Ordinance No. 91-066, effective 9/14/91; File #26-90:ZT; amending text for Point Roberts district to extend the prohibition on tree cutting in the Great Blue Heron Rookery and associated 200 meter buffer area until June 30, 1993.

(a18) Ordinance No. 91-074, effective 10/21/91; File #28-90:ZT; amending text to allow for additional uses and to modify provisions regulating development in the Airport Operations zone.

(a19) Ordinance No. 91-075, effective 10/21/91; File #2-91:ZT; amending text related to uses allowed in Industrial zones, performance standards in Industrial zones, and major development permit requirements.

(2) Map Amendments.

(a) Ordinance No. 82-58, dated August 19, 1982; File Ref. No. ZMT 5-81, adoption of zoning districts for Lake Whatcom Subarea.

(b) Ordinance No. 84-10, effective date February 2, 1984; File Ref. No. ZM 8-83, adoption of Neighborhood Commercial Zone District for Sudden Valley.

(c) Ordinance No. 84-38, effective date April 23, 1984; File Ref. No. ZMT 4-82, adoption of zoning districts for the Urban Fringe Subarea.

(d) Ordinance No. 84-51, effective July 2, 1984; File Ref. No. ZMT 4-82 and CMT 2-82; amends the zoning map from Urban Residential Medium Density 12 units per acre to 18 units per acre for certain land situated south of Interstate 5.

(e) Ordinance No. 84-57, effective July 2, 1984; File Ref. No. ZMT 4-82 and CMT 2-82; amends the zoning map for certain areas located east of and adjacent to I-5 Frontage Road, south of Slater Road and north of West Bakerview Road.

(f) Ordinance No. 85-13, effective date March 4, 1985; File Ref. No. ZMT 6-84, for Lynden Border Crossing.

(g) Ordinance No. 85-18, effective April 1, 1985; File Ref. No. ZM 2-85; amends the boundaries of the Neighborhood Commercial District on Tract “S” in Sudden Valley.

(h) Ordinance No. 85-100, effective date December 16, 1985; File Ref. No. ZMT 13-85, for the Lummi Island Subarea.

(i) Ordinance No. 86-29, effective date May 12, 1986; File Ref. No. CMT 3-85 and ZMT 14-85, for the Chuckanut-lake Samish Subarea.

(j) Ordinance No. 86-40, effective June 30, 1986; File Ref. No. CMT 1-86 and ZMT 1-86, for the General Commercial zone at the southeast quadrant of the intersection of Smith Road and the Guide Meridian.

(k) Ordinance No. 86-42, effective June 30, 1986; File Ref. CMT 1-86 and ZMT 1-86, for the Lynden-Nooksack Valley Subarea.

(l) Ordinance No. 86-65, effective September 1, 1986; File Ref. No. ZM 8-86 and CM 2-86; amending the zoning map from General Commercial to Rural 5-Acre for certain property southeast of Guide Meridian and Laurel Road.

(l-a) Ordinance No. 86-78, effective November 17, 1986; File Ref. #9-86:ZT; amending Title 20 text and map to resolve certain problems of administration.

(m) Ordinance No. 86-94, effective December 15, 1986; File Ref. No. 10-86:ZM; amending the map for a 4.16 acre parcel in the Urban Fringe Subarea from LII to GC.

(n) Ordinance No. 87-04, effective January 19, 1987; File Ref. No. 6-86:ZM; providing for a LII district in the Cherry Point/Ferndale Subarea.

(o) Ordinance No. 87-65, effective November 16, 1987; File Ref. No. 05-87:CZ; for the Birch Bay-blaine Subarea.

(p) Ordinance No. 88-30, effective May 2, 1988; File Ref. No. 03-88:CZMT; amending the zoning map from Light Impact Industrial to Tourist Commercial for a 2.5 acre parcel on Portal Way and Grandview Road.

(q) Ordinance No. 88-43, effective May 30, 1988; File Ref. No. 5-88:CZM; amending the zoning map from Rural-5 Acres to Neighborhood Commercial for 5 acres on the nw corner of Slater and Elder Rds.

(r) Ordinance No. 88-44, effective May 30, 1988; File Ref. No. 3A-88:CZM; amending the zoning map from Light Impact Industrial to Tourist Commercial for a .6 acre parcel on Portal Way and Grandview Road.

(s) Ordinance No. 88-54, effective June 27, 1988; File Ref. No. 7-88:CZM; amending the zoning map from General Commercial to Urban Residential for approx. 6 acres on Blaine Rd within the nw quadrant of the Blaine Rd/Birch Bay-Lynden Rd intersection.

(t) Ordinance No. 88-70, effective August 1, 1988; File Ref. No. 10-88:CZM; amending the zoning map from Urban Residential-4 Units/Acre to Light Impact Industrial for a 1.9 acre parcel on Bakerview and Irongate Road.

(u) Ordinance No. 88-92, effective November 27, 1988; File Ref. No. 9-88:CZMT; adopts the maps for Foothills Subarea.

(v) Ordinance No. 88-101, effective December 11, 1988; File Ref. No. 16-88:CZM; R5A to LII for 1/2 of a 10 acre parcel west of Meridian and north of and abutting Waldron Road.

(w) Ordinance No. 89-14, effective March 13, 1989; File Ref. No. 19-88:CZM; RR2 to GC for a .78 acre parcel on the east side of Meridian, north of E. Wiser Lake Road.

(x) Ordinance No. 89-36, effective May 4, 1989; File Ref. No. 1-89:CZM; URM to LII for a 9.89 acre parcel 400' north of Tromp Rd on the west side of Guide Meridian.

(y) Ordinance No. 89-35, effective June 26, 1989; File Ref. No. 23-88:CZM; R2A and R5A to LII for 10 parcels (49 acres) on the east side of Pacific Highway between Horton and Stuart Road.

(z) Ordinance No. 89-72, effective August 27, 1989; File Ref. No. 7-89:CZM; UR4 to R5A for 12 acres south of Mt. Baker Highway and west of Old Britton Road.

(a1) Ordinance No. 89-39, effective 9/29/89; File #15-88:CZM; in the Urban Fringe Subarea: R2A and TC to GC for approx. 32 acres east of I-5, fronting Pacific Hwy from Slater Rd south to approx. 500 ft. south of Waldron Rd.

(a2) Ordinance No. 89-92, effective 10/30/89; File #08-89:CZTM; readoption of urban zoning districts for Lake Whatcom Subarea and clarifying on the zoning map density limitations and transfer opportunities in the URM zone.

(a3) Ordinance No. 89-101, effective 11/26/89; File #10-89:CZM; Urban Fringe Subarea: HII to LII for approx. 9.9 acres comprising the Eldridge Industrial sites on Marine Drive.

(a4) Ordinance No. 90-23, File #04-90:CZM; Urban Fringe Subarea: GM to GC for a 2.3 acre parcel at the sw corner of Hannegan and E Bakerview intersection.

(a5) Ordinance No. 90-40, effective 5/8/90; File #06-90:CZM; Lake Whatcom Subarea: R-2A to NC for a .7 acre parcel at intersection of Blue Canyon Rd and South Bay Dr (Park Store).

(a6) Ordinance No. 90-45, effective 5/28/90; File #04-89:CZMT; adoption of maps for Point Roberts Subarea.

(a7) Ordinance No. 90-91, effective 9/15/90; File #13-90:CZM; revision of zoning map from TC to URM for approx. 2.8 acres south of Airport Dr. on West Maplewood.

(a8) Ordinance No. 90-102, effective 10/3/90; File #20-90:ZT; amending zoning map from R10A to R5A for one parcel approx. 10 acres in Foothills Subarea.

(a9) Ordinance No. 91-004, effective 1/22/91; File #25-90:CZM; amending Cherry Point-Ferndale zoning map from Urban Reserve Commercial to Urban Reserve and Whatcom Co. zoning map from General Commercial to Urban Residential 3 dwelling units per acre for approx. one acre.

(a10) Ordinance No. 91-022, effective 4/6/91; File #24-90:CZMT; adopting the text and maps of the South Fork Valley Subarea Comprehensive Plan and the implementation of the plan with Title 20.

(a11) Ordinance No. 91-061, effective 8/23/91; File #25-90:CZM; amending Cherry Point-Ferndale Subarea from General Commercial to Urban Residential-3 per acre for parcel that was omitted when a previous rezone was approved in 1990.

(a12) Ordinance No. 91-062, effective 8/29/91; File #29-90:CZMT; amending the Foothills Subarea map and text from Rural to Commercial and the zoning map from R5A and NC to TC for approximately 5.86 acres on Kendall Rd. and Mt. Baker Highway.

(a13) Ordinance No. 91-064, effective 8/23/91; File #3-91:CZM; amending the Point Roberts Subarea Comprehensive Plan map and county zoning map from Urban Reserve and Urban Residential (UR-3) to Resort Commercial for approximately 0.87 acres.

(a14) Ordinance No. 91-073, effective 11/5/91; File #5-91:CZM; amending the Lynden-Nooksack Valley Comprehensive Plan and the zoning map from General Commercial to Residential Rural (RR2A) for parcels C and D, Lakeside Plaza Short Plat.

(a15) Ordinance No. 91-085, effective 12/21/91; File #31-90:CZM; amending the Birch Bay-Blaine Subarea and Title 20 zoning map from Commercial Resort to Commercial General for approx. 15 acre parcel on Birch Bay-Blaine Rd. and Harbor View Rd.

20.04.090 Application fees and other fees.

Fees for conditional use permits, variances, planned unit developments, initiated amendments and fees for other approvals and reviews as set forth in this title shall be as provided in the County’s Unified Fee Schedule. (Ord. 98-010 § 2, 1998).

20.04.091 Reduced application fees.

When any given project requires more than one of the following permits or applications, the total amount of fees shall be reduced by 25 percent of the required aggregate permit and application fees; provided any fees required for processing of an EIS shall not be included as part of the total amount of fees to be reduced by 25 percent.

(1) Subdivision plat application;

(2) Rezone application;

(3) Shoreline substantial development permit, variance or conditional use;

(4) Major development permit;

(5) Conditional use permit;

(6) Variance;

(7) Planned unit development. (Ord. 98-010 § 2, 1998).

20.04.092 Refund of application fees.

Refunds of application fees for project permits and for amendments to the Whatcom County Comprehensive Plan, development regulations and official maps shall be computed based on the following. All refund requests shall be submitted in writing to the department of planning and development services. The date of application for a refund request shall be the date the written refund request is received by the department. For the purpose of computing elapsed calendar days, the day after the date of application or deadline date as appropriate shall be counted as day one.

(1) Fees for Project Permits.

(a) Applications withdrawn on or before the fourteenth calendar day after the date of application shall be eligible for a refund of 90 percent of all application fees including any SEPA fees.

(b) Applications withdrawn after the period set forth in subsection (1)(a) of this section but on or before the ninetieth calendar day after the date of application shall be eligible for a refund of 50 percent of all application fees except for any SEPA fees which shall not be eligible for a refund.

(c) Applications withdrawn after the ninetieth calendar day after the date of application shall not be eligible for a refund.

(d) Notwithstanding the above, no fees shall be refunded for any permit or approval that has been issued or granted by the county.

(2) Fees for Amendments to the Whatcom County Comprehensive Plan, Development Regulations, and Official Maps.

(a) Applications for amendments that are withdrawn on or before the fourteenth calendar day after the deadline for submitting the fee shall be eligible for a refund of 90 percent of all application fees including SEPA fees. If there is no deadline for submitting the fee, the 90-percent refund shall be given if the application is withdrawn on or before the fourteenth calendar day after the fee was submitted.

(b) Applications for amendments that are withdrawn after the period set forth in subsection (2)(a) of this section but on or before the ninetieth calendar day after the deadline for submitting the fee shall be eligible for a refund of 50 percent of all application fees except for SEPA fees which shall not be eligible for a refund. If there is no deadline for submitting the fee, the 50-percent refund shall be given if the application is withdrawn on or before the ninetieth calendar day after the fee was submitted.

(c) Applications for amendments that are withdrawn after the 90 calendar days shall not be eligible for a refund.

(3) Withdrawal of an application shall constitute full surrender of any express or implied rights inherent in an application which has been perfected and accepted by the planning and development services department or its designees. (Ord. 2001-004 § 1, 2001; Ord. 98-010 § 2, 1998).