Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT

Sections:

20.20.010    Purpose.

20.20.015    Repealed.

20.20.050    Permitted uses.

20.20.100    Accessory uses.

20.20.130    Administrative approval uses.

20.20.150    Conditional uses.

20.20.200    Prohibited uses.

20.20.250    Maximum density, minimum lot size and width.

20.20.251    Minimum lot size.

20.20.252    Maximum density, minimum lot size and maximum lot size.

20.20.253    Reserved.

20.20.254    Reserved.

20.20.255    Minimum lot width and depth.

20.20.300    Lot clustering and reserve tract.

20.20.305    Lot clustering.

20.20.310    Design standards.

20.20.320    Reserve tract.

20.20.350    Building setbacks.

20.20.400    Height regulations.

20.20.450    Lot coverage.

20.20.650    Development criteria.

20.20.651    Plat language for proposed subdivisions.

20.20.652    Use of natural resources.

20.20.653    Landscaping.

20.20.654    Parking requirements.

20.20.655    Livestock regulations.

20.20.656    Drainage.

20.20.010 Purpose.

To promote an orderly transition from rural to urban development, the intent of this district is to encourage land uses and associated densities in designated urban growth areas, which will be complementary with future urban densities and services, while allowing reasonable transition uses of properties. Furthermore, it is the intent of this district to implement the policies of the Comprehensive Plan. In addition, it is the intent of this district to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land by allowing an option for clustering of residential lots. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 98-083 Exh. A § 3, 1998; Ord. 82-58, 1982).

20.20.015 Applicability.

Repealed by Ord. 2016-011. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 98-083 Exh. A § 4, 1998).

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 20.84 WCC (Variances, Conditional Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.

.051 One single-family dwelling per lot.

.052 Single-family attached dwellings; provided, that public sewer, water and, where identified by the appropriate subarea Comprehensive Plan policies, stormwater collection and detention facilities serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the district.

.053 Agriculture including animal husbandry, horticulture, viticulture, floriculture, silviculture and beekeeping.

.054 Public parks and recreation facilities included in an adopted city or county Comprehensive Plan or Park Plan.

.055 Private, noncommercial boat docks when located on a manmade canal designed for boat traffic pursuant to the Whatcom County Shoreline Management Program.

.056 Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.

.057 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting.

.059 Family day care homes subject to the requirements of WCC 20.97.180 for home occupations.

.088 Adult family homes as defined in Chapter 70.128 RCW.

.089 Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.090 Mental health facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.091 Substance abuse facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2000-040 § 1, 2000; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 98-083 Exh. A § 5, 1998; Ord. 97-062; Ord. 96-056 Att. A § B1, 1996; Ord. 93-056, 1993; Ord. 88-40, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 82-58, 1982).

20.20.100 Accessory uses.

.101 Home occupations pursuant to WCC 20.80.970.

.102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program.

.103 Other accessory uses incidental to the primary permitted uses.

.104 Temporary dwelling units which have full living accommodations including sleeping, self-contained cooking, bathing, and toilet facilities where the plumbing is connected to permanent site sewage and water systems, including those travel trailers and recreational vehicles that meet the above description, for use by owners during the period of construction of a permanent dwelling while building permit is valid, not to exceed two years.

.105 Family day care homes.

.106 Bed and breakfast establishments. (Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 87-23, 1987; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.20.130 Administrative approval uses.

The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.

.131 A temporary second dwelling unit of no more than 1,248 square feet in floor area, in the form of a manufactured home, a fully serviced travel trailer or motor home, to provide:

(1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require supervision and care where such care is provided by members of the family who reside on the property; or

(2) A temporary dwelling space for a person providing care for the resident owner of the subject property when said owner needs supervision and care as described in (1) above.

Approval Requirements:

Administrative approval for temporary second dwelling units shall be approved if it is determined that the proposal meets the following requirements:

(1) Temporary second dwelling units shall only be permitted on fully serviced parcels on which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements.

(2) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (1) above.

(3) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system approved by the Whatcom County health department.

(4) When care is no longer necessary, the temporary home shall be removed within 60 days.

(5) The permit shall be valid for one year. The permit may be extended on a yearly basis; provided, that an affidavit is furnished by the permittee affirming that the circumstances allowing the original permit remain in effect.

(6) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place.

(7) The use will not be hazardous or disturbing to existing or future neighboring uses.

(8) Evidence of adequate off-street parking space shall be provided.

(9) There shall be no occupancy of the temporary dwelling outside the conditions under which the temporary dwelling is permitted pursuant to this section.

(10) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with current Washington Administrative Code (WAC).

Penalties: False statements on supporting documentation submitted with the application or failure to comply with any of the approval requirements may be cause for revocation of the permit and prosecution.

.132 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided, that all of the following approval requirements are met:

(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory apartment or detached accessory dwelling unit per lot;

(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that lot;

(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and stormwater runoff for the additional dwelling unit must be obtained prior to application for a building permit;

(4) There shall be only one front entrance to the house visible from the front yard and street for houses with accessory apartments and only one additional entrance visible from the front yard for detached accessory dwelling units;

(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing residence;

(6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square feet in floor area;

(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners. Accessory apartments and detached accessory dwelling units shall be prohibited on:

(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process;

(b) All lots within short plats which received approval after January 25, 1994, unless those lots have been specifically marked for such use through the short plat process;

(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;

(8) A common driveway serving both the existing unit and any accessory unit shall be used to the greatest extent possible;

(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance, 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 permits such a land division; and

(b) One of the dwellings must be the primary domicile of the owner;

(10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be on a lot of record no less than 4.5 acres;

(11) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed within the Lake Whatcom watershed, only under the following circumstances:

(a) Development of the parcel with the primary residence and accessory apartment or detached accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent properties in the same ownership may be bound by covenant to comply with the underlying zoning density; and

(b) All of the above approval requirements shall be met for so long as the accessory unit remains;

(12) Detached accessory dwelling units shall be located so as to minimize visual impact to the public right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is preferred. Location closer to property lines than to the primary residence may be considered by the administrator when such location serves the goal of reducing overall visual impact to public right-of-way and adjacent properties, and such location still meets the setback requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide fencing and/or planting to screen the unit from public right-of-way and adjacent properties;

(13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with Washington Administrative Code (WAC).

.133 Reserved.

.134 Mini-day care homes.

.135 One private, noncommercial, recreational vehicle or park model trailer and one accessory guest RV per lot within pre-existing recreational subdivisions of the Foothills Subarea, as listed in WCC 20.97.337; provided, that the following minimum requirements and standards are met and/or followed:

(1) All recreational vehicles that remain on the site for more than 14 consecutive days shall be connected to a permitted on-site sewage system or public sewer.

(2) Maximum length of occupation of a recreational vehicle shall not exceed 120 days per calendar year; provided, that no accessory guest recreational vehicle shall stay on the lot for more than 14 consecutive days nor more than 30 days total per calendar year.

(3) All recreational vehicles shall be screened from neighboring properties not using RVs and from public roads. Such screening may consist of landscaped buffer areas, suitable native vegetation or a fence.

(4) Lots shall not be leased or rented out on a daily or overnight basis for recreational use.

(5) Accessory structures shall be limited to storage, shop, garage, carport and/or similar personal use only and shall not exceed a total of 200 square feet in floor area per lot; provided, that the 200-square-foot limitation shall not apply to that portion of a carport covering the RV.

(6) The locations of parked RVs on vacant lots shall observe normal building setback standards for a single-family residence.

(7) All recreational vehicles shall be supported by their own wheels or camper jacks, and not be fastened to accessory structures. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2006-061 § 1 (Att. A)(7), 2006; Ord. 2005-079 § 1, 2005; Ord. 2000-040 § 1, 2000; Ord. 99-068, 1999; Ord. 98-083 Exh. A § 6, 1998; Ord. 98-018 § 1, 1998; Ord. 96-056 Att. A § B2, 1996; Ord. 95-031, 1995; Ord. 95-010, 1995; Ord. 91-009, 1991; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.20.150 Conditional uses.

.151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excluding correctional facilities other than those listed in WCC 20.20.184.

.152 Public schools; and parochial or private schools; provided such schools shall be approved by the state superintendent of public instruction.

.153 Churches, educational and religious training institutions, summer camps, and cemeteries.

.154 Retirement and convalescent homes; social and health rehabilitation centers; day care centers; mini-day care centers; and adult care centers not in a family dwelling; and other health-related services consistent with the purpose of the district.

.155 Neighborhood grocery stores; provided, that:

(1) The gross commercial floor areas, including sales and storage areas, shall not exceed 2,500 square feet;

(2) Storage areas shall be located entirely within the structure; however, outside trash receptacles shall be enclosed and screened from public view;

(3) The owner may have no more than two gasoline islands;

(4) Minor auto repairs may be provided; however, engine overhaul, body and fender work, tire recapping and vehicle sales are prohibited;

(5) Hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.;

(6) Height of the building shall not exceed 28 feet from the average grade;

(7) The site shall be full fronting on two or more improved public roads or streets;

(8) All lighting shall be designed and installed to prevent the illumination of adjacent properties during business hours; however, security lighting may be permitted during nonbusiness hours if it is designed to prevent the illumination of adjacent properties;

(9) Not more than two identification signs, not exceeding 40 square feet in area for each road frontage, shall be permitted; provided, that said sign(s) shall be attached flush against the building, but shall not project above any part of the roofline nor extend more than 18 inches from the wall of the building to which it is attached. Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by an indirect external source.

.156 Golf courses and commercial recreation facilities related to golf courses.

.157 Activity centers.

.158 Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan.

.159 Bed and breakfast inns.

.160 Public campgrounds.

.161 Private, noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program for owners of legal lots of record abutting the shoreline. The conditional use permit shall be approved if the hearing examiner finds that the proposal will not be hazardous or disturbing to neighbors and all applicable zoning requirements are satisfied. The criteria of WCC 20.84.220 shall not apply.

.162 Trailheads with parking areas for more than 30 vehicles.

.163 Plant nurseries and greenhouses for storage, propagation and culture of plants, including sales as an accessory use, provided:

(1) Must be located on a collector arterial or higher classified road;

(2) Covered sales area and associated display areas must not exceed 10 percent of the total area of development;

(3) There shall be fixed hours of operation;

(4) Parking lot, indoor sales or other potential impacts related to operations shall be buffered from neighbors;

(5) Signage shall be aesthetically compatible with character of the neighborhood;

(6) All other criteria for conditional use permits must be met;

(7) Outdoor storage of fertilizer is prohibited;

(8) No aerial application of chemical products shall be allowed within 50 feet of dissimilar uses;

(9) This type of activity will be prohibited in the Lake Whatcom watershed and Lummi Island and in other areas deemed to be water quality sensitive, excluding retail nurseries operating chemical-free.

.164 Athletic fields.

.183 State education facilities.

.184 Transitional correction facilities for juveniles and adults with 10 or less residents. These facilities include “juvenile rehabilitation administration” (JRA) facilities run by the state and residential adult work release facilities.

.185 Type I solid waste handling facilities.

.189 Boarding homes that are larger than other residential structures permitted in the zoning district.

.190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.192 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 98-083 Exh. A § 7 – 10, 1998; Ord. 98-018 § 1, 1998; Ord. 96-056 Att. A § B3, 1996; Ord. 95-061, 1995; Ord. 95-031, 1995; Ord. 94-002, 1994; Ord. 90-11, 1990; Ord. 88-40, 1988; Ord. 88-13, 1988; Ord. 87-65, 1987; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 85-100, 1985; Ord. 82-58, 1982).

20.20.200 Prohibited uses.

All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not limited to the following, which are listed here for purposes of clarity:

.201 Reserved.

.202 Adult businesses.

.203 Mental health facilities that provide crisis care.

.204 Substance abuse facilities that provide crisis care.

.205 Outpatient mental health facilities.

.206 Outpatient substance abuse treatment facilities, including opiate substitution treatment clinics.

.210 Secure community transition facilities for sex offenders. (Ord. 2016-011 § 1 (Exh. L), 2016; Ord. 2004-014 § 2, 2004; Ord. 99-070 § 2, 1999).

20.20.250 Maximum density, minimum lot size and width.

(Ord. 2011-013 § 2 Exh. B, 2011).

20.20.251 Minimum lot size.

For the purpose of creating new building lots within the Urban Residential District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, and, where required by regulation, stormwater collection and detention facilities serve the project site. Where the lot cluster land division method is used, the minimum lot size is based on consideration of the zoning district’s setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown below. Where a maximum lot size is imposed, clustered lots shall be as small as allowed by the health department. (Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2007-048 § 2 Exh. B, 2007).

20.20.252 Maximum density, minimum lot size and maximum lot size.

District

Maximum Gross Density

Minimum Lot Size

Maximum Lot Size

Min. Reserve Area (Cluster Subdivisions)

Conventional

Cluster

Cluster Lots

UR: all densities without public sewer and water**

Maximum gross density: 1 dwelling unit/10 acres

N/A*

8,000 sq. ft.

22,000 sq. ft.

80%

UR: in Lake Whatcom Watershed with public sewer and water, and stormwater collection and detention facilities

Maximum density: 1 dwelling unit/5 acres

5 acres

N/A

N/A

N/A

UR: all densities with public sewer or water**

Maximum gross density: 1 dwelling unit/10 acres

N/A*

8,000 sq. ft.

22,000 sq. ft.

80%

UR-3: with public sewer and water, and stormwater collection and detention facilities

Maximum gross density: 3 dwelling units/1 acre

12,000 sq. ft.

8,000 sq. ft.

N/A

25%

UR-4: with public sewer and water, and stormwater collection and detention facilities

Maximum gross density: 4 dwelling units/1 acre

 

Minimum net density: 4 dwelling units/1 acre**

8,000 sq. ft.

6,000 sq. ft.

N/A

20%

UR-6: with public sewer and water, and stormwater collection and detention facilities

Maximum gross density: 6 dwelling units/1 acre

 

Minimum net density: 6 dwelling units/1 acre**

5,500 sq. ft.

4,000 sq. ft.

N/A

20%

*    For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 10 acres.

**    Minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements.

(Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2009-024 § 1 (Exh. A), 2009; Ord. 2008-036 Exh. A, 2008; Ord. 2007-050 § 1 Exh. A, 2007; Ord. 2007-048 § 2 Exh. B, 2007).

20.20.253 Minimum lot size outside an urban growth area.

Reserved by Ord. 2011-013. (Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 11, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 82-58, 1982. Formerly 20.20.251).

20.20.254 Maximum density and minimum lot size outside an urban growth area.

Reserved by Ord. 2011-013. (Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 12, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984; Ord. 82-58, 1982. Formerly 20.20.252).

20.20.255 Minimum lot width and depth.

District

Width at Street Line

Width at Bldg. Line

Minimum Mean Depth

Conventional

Cluster

UR: all districts without public sewer and water

300'

70'*

80'

100'

UR: with public sewer and water, and stormwater collection and detention facilities:

 

 

 

 

3 units per acre

30'

30'

70'

80'

4 units per acre

30'

30'

60'

70'

*30' on a cul-de-sac only

 

 

 

 

(Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2007-048 § 2 Exh. B, 2007; Ord. 98-083 Exh. A § 13, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984; Ord. 82-58, 1982. Formerly 20.20.253).

20.20.300 Lot clustering and reserve tract.

20.20.305 Lot clustering.

(1) The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development.

(2) The clustering option is also intended to help preserve open space and the character of areas and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas.

(3) Lot clustering is required for residential land divisions when:

(a) The property is located within a short-term planning area and public water and sewer are not available; or

(b) The property is located within a long-term planning area. (Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005; Ord. 90-45, 1990).

20.20.310 Design standards.

The creation of new building lots, pursuant to this section, shall be governed by the following design standards:

(1) Clustered building lots may be created only through the subdivision or short subdivision process.

(2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site.

(3) Within short-term planning areas where public water and sewer are not available and within long-term planning areas, all clustered building lots shall be grouped together in a single cluster. In all other cases, where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the reserve tract to other uses in the future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.

(4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the reserve tract for the purpose of future approved development. (Ord. 2007-048 § 2 Exh. B, 2007; Ord. 90-45, 1990; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.20.320 Reserve tract.

For the purposes of this section, “reserve tract” is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All reserve tracts created through the subdivision process shall be subject to the following provisions:

(1) After a site is initially subdivided pursuant to this chapter, the reserve tract may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.

(2) The reserve tract may be considered as a building lot; provided, that it is included in the overall density calculation of the original parcel of record.

Where public water and sewer are not available, the reserve tract may be considered a building lot only under one of the following additional conditions:

(a) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall:

(i) Be contiguous with the outside boundary of the clustered lots; and

(ii) Be entirely located 200 feet or less from the outside boundary of the clustered lots; and

(iii) Not exceed the maximum lot size for clustered lots in the zone.

(b) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall:

(i) Be contiguous with an exterior property line of the original parcel of record; and

(ii) Be entirely located 200 feet or less from an exterior property line of the original parcel of record; and

(iii) Not exceed the maximum lot size for clustered lots in the zone.

(c) An existing residential use and accessory structures may be located anywhere on the reserve tract. Clustered lots shall be located adjacent to such existing residential use, unless the zoning administrator determines that:

(i) Because of physical circumstances applicable to the site, clustering adjacent to the existing residential use would hinder access to the reserve tract for future urban development; or

(ii) Protection of environmental features would be negatively impacted; or

(iii) Existing agricultural structures would be negatively impacted.

(3) The reserve tract may be further subdivided only through the long subdivision process and only under one of the following circumstances:

(a) The county finds that in developing adjacent tracts it would help to further the objectives listed in WCC 20.20.305 by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or

(b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or

(c) Public water and sewer serve the proposed development on the reserve tract.

(4) For sites located within urban growth areas, wells, sewage disposal systems, and associated easements may be located on the reserve tract only if:

(a) The applicant demonstrates to the Whatcom County health department that there is not adequate space on the clustered lots for such facilities and/or easements; and

(b) A note is placed on the face of the plat stating that, prior to filing a final plat with the county auditor that divides the reserve tract for urban density development:

(i) Owners of clustered lots and the reserve tract shall hook up to public water and sewer; and

(ii) Easements and restrictive covenants for wells and/or sewage disposal systems on the reserve tract shall be extinguished, with health department approval; and

(iii) Wells on the reserve tract shall be decommissioned in accordance with Washington Department of Ecology regulations and sewage disposal systems on the reserve tract shall be abandoned.

The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities.

(5) The purpose of the reserve tract as stated in subsections (1), (2), (3) and (4) of this section shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or reserve tracts.

(6) That the above stated requirements in subsections (2) through (5) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 14, 1998; Ord. 90-45, 1990; Ord. 82-58, 1982).

20.20.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback requirements).

20.20.400 Height regulations.

Maximum height shall be limited to 35 feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Ord. 85-70, 1985; Ord. 84-38, 1984).

20.20.450 Lot coverage.

No structure or combination of structures, including accessory buildings, shall occupy or cover more than 2,500 square feet or 35 percent, whichever is greater of the total area. (Ord. 88-29, 1988).

20.20.650 Development criteria.

(Ord. 96-056 Att. A § A1, 1996).

20.20.651 Plat language for proposed subdivisions.

When a proposed subdivision, binding site plan, short subdivision or exempt land division will be located adjacent to or across a right-of-way from an existing Forestry District, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat, tract or instrument of conveyance and shall run with the land. (Ord. 99-058, 1999; Ord. 92-015, 1992; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.20.652 Use of natural resources.

All discretionary project permits for land on or within one-half mile of the area designated as Agriculture, Rural, Commercial Forestry or Rural Forestry or within 300 feet of an area designated as Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the right to farm, right to practice forestry and mineral land disclosure policies contained in WCC Title 14, Use of Natural Resources. (Ord. 98-083 Exh. A § 15, 1998; Ord. 96-056 Att. A § A2, 1996; Ord. 92-015, 1992; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.20.653 Landscaping.

Refer to WCC 20.80.300 for landscaping requirements. (Ord. 89-117, 1989).

20.20.654 Parking requirements.

Parking shall conform to the requirements of WCC 20.80.500. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas.

20.20.655 Livestock regulations.

The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements).

20.20.656 Drainage.

All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted.

No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Development Standards. (Ord. 96-056 Att. A § A2, 1996; Ord. 94-022, 1994).