Chapter 20.22
URBAN RESIDENTIAL – MEDIUM DENSITY (URM) DISTRICT

Sections:

20.22.010    Purpose.

20.22.012    Transferable development rights overlay.

20.22.020    Repealed.

20.22.050    Permitted uses.

20.22.100    Accessory uses.

20.22.130    Administrative approval uses.

20.22.150    Conditional uses.

20.22.200    Prohibited uses.

20.22.250    Maximum/minimum density, minimum lot size and width.

20.22.251    Minimum lot size.

20.22.252    Maximum/minimum density and minimum lot size – General.

20.22.253    Maximum density and minimum lot size – Specific uses.

20.22.254    Minimum lot width and depth.

20.22.300    Repealed.

20.22.305    Lot clustering.

20.22.310    Design standards.

20.22.320    Reserve tract.

20.22.350    Building setbacks.

20.22.400    Height regulations.

20.22.450    Lot coverage.

20.22.500    Open space.

20.22.501    Multifamily dwellings.

20.22.502    Mobile home parks.

20.22.550    Buffer area.

20.22.600    Sign regulations.

20.22.650    Development criteria.

20.22.651    Facility design.

20.22.652    Landscaping.

20.22.653    Parking requirements.

20.22.654    Sidewalks.

20.22.655    Drainage.

20.22.656    Driveways.

20.22.657    Access and roadways.

20.22.658    Lighting.

20.22.659    Binding site plan.

20.22.660    Development criteria.

20.22.661    Plat language for proposed subdivisions.

20.22.662    Use of natural resources.

20.22.663    Garbage facilities.

20.22.665    Bellingham Urban Growth Area.

20.22.669    Transfer of residential development rights.

20.22.700    Performance standards.

20.22.010 Purpose.

To accommodate the county’s need for medium and higher density and compatible nonresidential areas in urban growth areas, as identified in the appropriate subarea Comprehensive Plan. Since Urban Residential Medium Density areas may be adjacent to other land uses, compatibility among adjacent uses shall be accomplished through responsible design and development considerations of this district. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 16, 1998).

20.22.012 Transferable development rights overlay.

In the Urban Fringe Subarea, this district serves as a zoning overlay for the purpose of designating a receiving area for transfer of development rights credits pursuant to Chapter 20.89 WCC. (Ord. 2004-021 § 1, 2004).

20.22.020 Applicability.

Repealed by Ord. 2016-011. (Ord. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 17, 1998).

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 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 Single-family dwellings, 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 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.

.052 Deleted by Ord. 96-056.

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

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

.055 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.

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

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

.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. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 98-083 Exh. A § 18, 1998; Ord. 96-056 Att. A § C1, 1996; Ord. 88-40, 1988; Ord. 88-29, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.100 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. 2004-021 § 1, 2004; Ord. 87-23, 1987).

20.22.130 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 Mini-day care homes. (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. 2004-021 § 1, 2004; Ord. 99-068, 1999; Ord. 98-018 § 1, 1998; Ord. 95-031, 1995; Ord. 91-009, 1991; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.150 Conditional uses.

.151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excluding correction facilities other than those listed in WCC 20.22.184.

.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 Rooming houses, or bed and breakfast inns.

.156 Mobile home parks.

.157 Golf courses.

.158 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.

.159 Activity centers.

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

.161 Public campgrounds.

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

.163 Athletic fields.

.180 Major passenger intermodal terminals.

.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. 2009-034 § 1 (Att. A), 2009; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2003-023; Ord. 99-068, 1999; Ord. 98-083 Exh. A § 19, 1998; Ord. 98-018 § 1, 1998; Ord. 95-031, 1995; Ord. 94-002, 1994; Ord. 90-41, 1990; Ord. 88-40, 1988; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 86-56, 1986).

20.22.200 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. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-070 § 2, 1999).

20.22.250 Maximum/minimum density, minimum lot size and width.

(Ord. 2004-021 § 1, 2004).

20.22.251 Minimum lot size.

For the purpose of creating new building lots within the Urban Residential Medium Density District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to whether or not public sewer and water serve the project site and whether or not transferable development rights are used. The minimum lot size shall be 10 acres or, if public sewer and water are provided, the minimum lot size shall be 7,200 square feet. (Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2004-021 § 1, 2004; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.252 Maximum/minimum density and minimum lot size – General.

(1)

District

Gross Density

Minimum Lot Size – Conventional

Minimum Lot Size – Cluster

Maximum Lot Size

Minimum Reserve Area (Cluster Divisions)

Clustered Lots

URM: all densities without public sewer and water

Maximum density: 1 dwelling unit/10 acres

N/A*

7,200 sq. ft.

22,000 sq. ft.

80%

URM: all densities with public sewer or water

Maximum density: 1 dwelling unit/10 acres

N/A*

7,200 sq. ft.

22,000 sq. ft.

80%

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

Maximum density: 6 dwelling units/acre

7,200 sq. ft.

N/A

N/A

N/A

URM-12: with public sewer and water, and stormwater collection and detention facilities

Maximum density: 12 dwelling units/acre

7,200 sq. ft.

N/A

N/A

N/A

URM-18: with public sewer and water, and stormwater collection and detention facilities

Maximum density: 18 dwelling units/acre

7,200 sq. ft.

N/A

N/A

N/A

URM-24: with public sewer and water, stormwater collection and detention facilities and, to obtain a net density greater than 10 dwelling units per acre, transferable development rights pursuant to the provisions of Chapter 20.89 WCC and subsection (4) of this section

Minimum net density: 10 dwelling units/acre

 

Maximum density: 24 dwelling units/gross acre

N/A

N/A

N/A

N/A

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

(2) Where the lot clustering 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 above. Where a maximum lot size is imposed, clustered lots shall be as small as allowed by the health department.

(3) Where the Whatcom County Comprehensive Plan policies call for restricting densities and allow for the transfer of densities and where the provisions of Chapter 20.89 WCC are met, then the maximum allowable density shall be equal to that established by the Comprehensive Plan; provided, that public sewer and water are available.

(4) In the URM-24 Zones, minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements.

(5) In the URM-24 Zones, transferable development rights (TDRs) must be used to achieve net densities higher than 10 dwelling units/acre, pursuant to the provisions of Chapter 20.89 WCC, Density Transfer Procedure. Each development right transferred may be used to develop three dwelling units in the URM-24 zone. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2009-071 § 2 (Exh. B), 2009; Ord. 2009-024 § 1 (Exh. A), 2009; Ord. 2008-036 Exh. A, 2008; Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005; Ord. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 20, 1998; Ord. 89-92, 1989; Ord. 84-38, 1984).

20.22.253 Maximum density and minimum lot size – Specific uses.

(1) Multifamily residential uses as provided in WCC 20.22.050 shall have a minimum parcel size equal to the gross density of the zone; provided, that under no circumstance shall the minimum parcel size be less than 8,000 square feet.

(2) Mobile home parks shall have a density equal to that established by the zone district with a maximum density of seven units per acre and a minimum net parcel size of two acres. (Ord. 2004-021 § 1, 2004; Ord. 88-29, 1988).

20.22.254 Minimum lot width and depth.

District

Width at Street Line – Conventional

Width at Street Line – Cluster

Width at Bldg. Line

Minimum Mean Depth

URM: all districts without public sewer and water and transferable development rights (TDRs)

300'

70'

80'

0'

URM: with public sewer and water and transferable development rights (TDRs)

N/A

N/A

N/A

N/A

(Ord. 2005-041 § 1 Exh. A, 2005; Ord. 2004-021 § 1, 2004).

20.22.300 Lot clustering and reserve tract.

Repealed by Ord. 2004-021.

20.22.305 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 forestry, open space or future development.

(2) Lot clustering is required for residential land divisions except when both public water and sewer are available. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2005-041 § 1 Exh. A, 2005).

20.22.310 Design standards.

The creation of new building lots, pursuant to this section, shall be governed by the following design standards, except that in the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall be applied:

(1) 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.

(2) Where public water and sewer are not available, 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 concentrated pattern to be compatible with physical site features, and have no more than two common encroachments on existing county roads. The arrangement of concentrated building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2007-048 § 2 Exh. B, 2007; Ord. 2004-021 § 1, 2004).

20.22.320 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 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 20.22.305 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).*

*Prior legislative history: Repealed by Ord. 2004-021. (Ord. 98-083 Exh. A § 21, 1998; Ord. 90-45, 1990; Ord. 84-38, 1984).

20.22.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback requirements). (Ord. 2004-021 § 1, 2004).

20.22.400 Height regulations.

Maximum height shall be limited to 45 feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Ord. 2004-021 § 1, 2004; Ord. 85-70, 1985; Ord. 84-38, 1984).

20.22.450 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. 2004-021 § 1, 2004; Ord. 88-29, 1988).

20.22.500 Open space.

(Ord. 2004-021 § 1, 2004).

20.22.501 Multifamily dwellings.

Multifamily dwellings shall maintain a minimum of 20 percent of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. (Ord. 2004-021 § 1, 2004; Ord. 2001-024 § 1, 2001; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.502 Mobile home parks.

Mobile home parks shall maintain a minimum of 40 percent of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. (Ord. 2004-021 § 1, 2004; Ord. 2003-029 § 1 (Att. A § 12), 2003; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984).

20.22.550 Buffer area.

When parcels situated in this district adjoin an Urban Residential, Residential Rural or Rural District, and are developed for uses other than single-family dwellings or duplexes, any side or rear yard contiguous to those districts shall have their setbacks increased to 25 feet. Said area is to be landscaped consistent with the requirements of WCC 20.80.345. (Ord. 2004-021 § 1, 2004; Ord. 89-117, 1989).

20.22.600 Sign regulations.

Sign regulations shall be administered pursuant to WCC 20.80.400. (Ord. 2004-021 § 1, 2004).

20.22.650 Development criteria.

The requirements of WCC 20.22.651, 20.22.652, 20.22.653 and 20.22.654 do not apply to single-family or duplex residences. (Ord. 2004-021 § 1, 2004; Ord. 96-056 Att. A § A1, 1996).

20.22.651 Facility design.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) All Developments. Each development shall screen roof mechanical equipment so as not to be visible by surrounding uses or roads.

(3) Conditional Uses. All conditional uses provided by WCC 20.22.150 shall be designed consistent with the scale of a project, to:

(a) Consider solar access and wind exposure;

(b) Provide coordinated landscape and architectural designs;

(c) Provide integrated circulation for pedestrians, vehicles and bicycles;

(d) Provide integrated circulation that complements the architectural design of the project, considers adjoining land use activities and meets adopted county standards;

(e) Provide integrated street and land use with appropriate sized roadways to meet anticipated traffic demands;

(f) Minimize ingress and egress points to arterials;

(g) Utilize valuable or unique natural features as part of the site design; and

(h) Accommodate physical constraints of a site.

(4) Duplexes and Multifamily Dwellings. All duplexes and multifamily dwelling uses shall be designed, consistent with the scale of the project, to:

(a) Encourage views from individual units towards parks, open space and other natural features;

(b) Discourage views from individual units towards other dwelling units;

(c) Implement Comprehensive Plan policies addressing view blockage;

(d) Provide, regardless of the project’s scale, adequate fire protection and acoustical privacy between dwellings to meet fire code requirements and “Sound Transmission Code” (STC) ratings found in Chapter 10 of “A Guide to Airborne, Impact, and Structure Borne Noise Control in Multi-Family Dwellings” by the U.S. Department of Housing and Urban Development; and

(e) Consider off-street parking areas for boat and/or recreational vehicles in an amount sufficient to serve the anticipated needs of a development.

(5) Nonresidential Development. All nonresidential development as provided by WCC 20.22.150 shall be designed, consistent with the scale of the project, to:

(a) Orient open space areas of the development towards existing and proposed residential areas;

(b) Encourage shared access and parking;

(c) Orient land use activities requiring traffic flows or vehicular types heavier than for residential areas towards arterials or collectors and away from residential areas; and

(d) Orient activity areas of a project involving lighting, noise or traffic away from residential areas.

(6) Mixed Use Development. All projects containing both duplexes and multifamily dwellings and nonresidential developments as allowed by this chapter shall be designed, consistent with the scale of the project, to:

(a) Orient nonresidential high traffic generators toward arterials and collectors;

(b) Orient residential areas away from arterials and collectors unless the size of the residential area requires servicing by such a facility;

(c) Permit commercial activities with similar architectural scale and design, and characteristics compatible with residential areas to be developed within residential areas. Such characteristics include amount and type of traffic, hours of operation, noise, lighting, odor and dust;

(d) Provide an integrated sign design which would not visually intrude into residential areas due to size height and illumination; and

(e) Provide pedestrian and bicycle pathways that link the residential and nonresidential development together. (Ord. 2004-021 § 1, 2004; Ord. 2001-024 § 1, 2001; Ord. 98-083 Exh. A § 66, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984).

20.22.652 Landscaping.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) Refer to WCC 20.80.300 for landscaping requirements. (Ord. 2004-021 § 1, 2004; Ord. 89-117, 1989).

20.22.653 Parking requirements.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) 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. (Ord. 2004-021 § 1, 2004).

20.22.654 Sidewalks.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) Sidewalks shall be installed pursuant to the requirements of the county engineer. (Ord. 2004-021 § 1, 2004).

20.22.655 Drainage.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

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

(3) 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. 2004-021 § 1, 2004; Ord. 96-056 Att. A § A2, 1996; Ord. 94-022).

20.22.656 Driveways.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of Transportation. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2004-021 § 1, 2004; Ord. 84-38, 1984).

20.22.657 Access and roadways.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) Access shall conform to the provisions of WCC 20.80.565. Roadways shall be provided pursuant to the requirements of the county engineer. (Ord. 2004-021 § 1, 2004; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.658 Lighting.

(1) In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply (see WCC 20.22.665).

(2) Outdoor lighting shall be provided to adequately illuminate on-site streets, parking and, where applicable, pedestrian walkways. Light shall comply with the requirements of the county engineer, and shall be sized and directed to avoid adverse impacts on adjacent properties. (Ord. 2004-021 § 1, 2004).

20.22.659 Binding site plan.

Should the use be developed as part of a binding site plan, it shall be administered pursuant to Title 21 of the Whatcom County Code (Subdivision Regulations) and additional requirements, as applicable. (Ord. 2004-021 § 1, 2004).

20.22.660 Development criteria.

(Ord. 2004-021 § 1, 2004; Ord. 96-056 Att. A § A1, 1996).

20.22.661 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. 2004-021 § 1, 2004; Ord. 99-058, 1999; Ord. 92-015, 1992; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.662 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. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 22, 1998; Ord. 96-056 Att. A § A2, 1996; Ord. 92-015, 1992; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.22.663 Garbage facilities.

Garbage disposal facilities shall be provided in accordance with applicable Whatcom County board of health rules and regulations, and subject to approval of the health department. (Ord. 2004-021 § 1, 2004).

20.22.665 Bellingham Urban Growth Area.

(1) The city of Bellingham’s design and development standards and guidelines and impact fee ordinances shall apply to all development in the Bellingham Urban Growth Area.

(2) Areas designated in the Urban Fringe Subarea Plan for provisional rezone to UR with density as high as 24 units per acre may be developed when all of the following occur:

(a) Property owner(s) shall prepare a site plan showing the design and layout of proposed lots, multifamily structures, road and pedestrian connections to adjacent parcels, delineated wetlands, and protected critical areas, buffers and open space.

(b) Property owner(s) shall purchase or transfer sufficient development rights from the Lake Whatcom watershed to achieve the requested density increase, based on the TDR ratios established in the Whatcom County Code.

(c) Property owner(s) shall comply with city of Bellingham development standards, residential multifamily design standards, and any other conditions imposed by the city of Bellingham through approved utility service zone extension agreements.

(d) Property owner(s) shall apply to the county for a site-specific rezone pursuant to Chapter 20.90 WCC in conjunction with submittal of a subdivision or binding site plan application for the subject parcel or parcels. (Ord. 2004-021 § 1, 2004).

20.22.669 Transfer of residential development rights.

Areas designated in the Comprehensive Plan and assigned a URM-24 zone district in the Urban Fringe Subarea, are considered receiving areas for transfer of development rights from the Lake Whatcom watershed sending area. (Ord. 2004-021 § 1, 2004).

20.22.700 Performance standards.

The following provisions shall apply to all uses within this district:

.701 There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations.

.702 There shall be no production of noise at any property line of any use in this district in excess of the average intensity of street and traffic noise found in the district.

.703 There shall be no emission dust, dirt, odors, smoke, or toxic gases and fumes.

.704 There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated. (Ord. 2004-021 § 1, 2004; Ord. 82-58, 1982).