Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT

Sections:

20.63.010    Purpose.

20.63.050    Permitted uses.

20.63.100    Accessory uses.

20.63.150    Conditional uses.

20.63.200    Prohibited uses.

20.63.250    Minimum and maximum lot size.

20.63.255    Minimum lot frontage.

20.63.300    Maximum density.

20.63.350    Building setbacks.

20.63.400    Height limitations.

20.63.450    Lot coverage.

20.63.500    Open space.

20.63.550    Buffer area. (Adopted by reference in WCCP Chapter 2.)

20.63.600    Sign regulations.

20.63.650    Development criteria.

20.63.651    Facility design.

20.63.652    Landscaping.

20.63.653    Off-street parking and loading.

20.63.654    Drainage.

20.63.655    Driveways.

20.63.656    Access.

20.63.657    Lighting.

20.63.658    Binding site plan.

20.63.700    Performance standards.

20.63.010 Purpose.

The purpose of the Tourist Commercial District is to supply sufficient areas arranged in a concentrated form that would allow land use activities which serve the traveling public. The district shall be located and implemented consistent with the goals, objectives and policies of the Comprehensive Plan. The district should be located near major transportation corridors in such a fashion as to provide safe and convenient access that would not impact adjacent noncommercial activities. Further, the district should be in areas where adequate public services such as roads, sewer, water and drainage are available. The district should provide for uses which normally serve the traveling public and encourage a type of development which occurs in a well-designed pattern considering aesthetics and safety. This district may be located in an urban growth area, rural community, rural tourism or rural business area as designated in the Comprehensive Plan. If located in a rural tourism area, the uses in the district shall rely on the rural location and setting, and provide recreation and tourist uses that are small in scale, and compatible with existing uses and intensities. New development or redevelopment in a TC District located in a rural community designation is limited to that which is consistent with the character of the area on July 1, 1990, in terms of building size, scale, use, or intensity. New development in a rural tourism designation must be consistent with the Comprehensive Plan’s policies governing uses in rural tourism areas. New development in a rural business designation is limited to isolated small-scale businesses. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-043 Exh. A, 2011; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 98-083 Exh. A § 51, 1998).

20.63.050 Permitted uses.

The following permitted and accessory uses shall be allowed subject to an evaluation by the zoning administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). Residential type uses listed below are permitted in rural community and rural business designations. In a rural tourism designation, uses below are permitted provided they are consistent with the Comprehensive Plan’s policies governing uses in rural tourism areas. In a rural business designation all uses are permitted.

.051 Retail and office type uses.

(1) Retail shops no greater than 2,500 square feet in size per shop.

(2) Tourist information centers.

(3) Barber and beauty shops.

(4) Professional offices no greater than 2,500 square feet in size per shop.

(5) Service stations and towing services when based at a service station.

(6) Laundromats.

(7) Banks and/or bank machines.

(8) Indoor commercial recreation facilities.

(9) Mini-day care centers and day care centers.

.053 Restaurant/lodging type uses.

(1) Restaurants.

(2) Hotels and motels.

.054 Residential type uses.

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

.055 Public and community type uses.

(1) Post offices.

(2) Churches.

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

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

(5) Activity centers.

(6) Adult family homes as defined in Chapter 70.128 RCW.

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

(8) 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. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 88-28, 1988; Ord. 87-51, 1987; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.63.100 Accessory uses.

.101 One residential unit for owner-manager or caretaker when part of a building in which the primary use is located.

.102 Uses incidental to the primary permitted uses.

.103 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.

.104 Family day care homes and mini-day care homes; provided, that mini-day care homes conform to the requirements of home occupation, WCC 20.80.970; and further provided, that the single-family residence is a legally nonconforming use.

.105 Electric vehicle rapid charging stations and battery exchange facilities, accessory to service stations.

.106 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. (Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2012-001 § 1 (Exh. A), 2012; Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 89-10, 1989; Ord. 88-29, 1988).

20.63.150 Conditional uses.

In a rural community designation, uses listed below may be conditionally permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural tourism designation, uses below may be conditionally permitted provided they are consistent with the Comprehensive Plan’s policies governing uses in rural tourism areas. In a rural business designation all uses listed below may be conditionally permitted.

Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of this chapter, Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals).

.151 Retail and office type uses.

(1) Dry cleaners.

.152 Automotive and equipment repair type uses.

(1) Automobile repair garages.

.153 Restaurant/lodging type uses.

(1) Campgrounds and recreational vehicle parks. See WCC 20.80.950 for mobile home and recreational vehicle park standards.

.154 Recreational type uses.

(1) Outdoor recreation facilities, athletic fields and public or private parks not included in an adopted city or county Comprehensive Plan or Park Plan.

(2) Trailheads with parking areas for more than 30 vehicles.

.155 Public and community type uses.

(1) Public uses which, because of locational requirements, are necessary in the Tourist Commercial District; provided, the uses are consistent with Tourist Commercial policies, the purpose of the district and its attendant provisions.

(2) Type I solid waste handling facilities.

.156 Other uses.

(1) 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. 2017-030 § 1 (Exh. J), 2017; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 88-28, 1988; Ord. 87-51, 1987; Ord. 85-13, 1985).

20.63.200 Prohibited uses.

All uses not listed as permitted, accessory, 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. (Ord. 2016-011 § 1 (Exh. L), 2016; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 99-070 § 2, 1999).

20.63.250 Minimum and maximum lot size.

.251 Hotels and motels shall have a minimum net parcel size of 20,000 square feet.

.252 Other uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of this district.

.253 Uses in the rural tourism designation shall be located on lots not larger than 20 acres. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 88-28, 1988).

20.63.255 Minimum lot frontage.

For the purpose of dividing property, minimum lot frontage shall be sufficient to provide adequate access and utility development, and meet applicable building setback, buffer, open space and development standards of the district. In no case shall the frontage be less than 30 feet. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 99-045 § 1, 1999).

20.63.300 Maximum density.

.301 Hotels and motels shall not exceed a floor area ratio (FAR) of .60.

.302 Recreational vehicle parks shall not exceed a density of 15 units per acre.

.303 All other uses shall not exceed a floor area ratio (FAR) of .70. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.63.550 and 20.80.200. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 96-056 Att. A § N1, 1996).

20.63.400 Height limitations.

Maximum building height shall not exceed 40 feet. Height of structures shall also conform to, where applicable, the general requirements of WCC 20.80.675. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.450 Lot coverage.

.451 On a lot in a rural community designation, combined floor area of all buildings shall not exceed that of a use of the same type that existed on a lot in that same rural community designation on July 1, 1990, per WCC 20.80.100(1) except as provided in WCC 20.80.100(2).

.452 In a rural business designation, building or structural coverage of a lot shall not exceed 40 percent of the total area. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.500 Open space.

.501 Recreational vehicle parks shall keep 35 percent of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces.

.502 All other uses shall keep 10 percent of the site free of buildings, structures, hard surfacing, parking areas and impervious surfaces. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)

.551 When parcels situated within this district adjoin an Agriculture, Urban Residential, Urban Residential Medium Density, Rural or Residential Rural District, side and rear yard setbacks shall be increased to 25 feet along the property line(s) adjacent to the named districts. Unless adjoining an Agriculture Zoning District, said area shall be landscaped consistent with the requirements of WCC 20.80.345. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 96-056 Att. A § N1, 1996; Ord. 89-117, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.63.600 Sign regulations.

Sign regulations shall be administered pursuant to WCC 20.80.400. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.650 Development criteria.

(Ord. 2012-032 § 2 Exh. B, 2012; Ord. 96-056 Att. A § A1, 1996).

20.63.651 Facility design.

Individual developments within a Tourist Commercial Zone District shall be designed to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof-mounted mechanical equipment so as not to be visible by surrounding uses or roads.

Design of the proposed use in the Tourist Commercial Zone District outside of urban growth areas shall be consistent with the Comprehensive Plan rural land use chapter. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011).

20.63.652 Landscaping.

Refer to WCC 20.80.300 for landscaping requirements. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 89-117, 1989).

20.63.653 Off-street parking and loading.

Off-street parking and loading shall be administered pursuant to WCC 20.80.500. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.654 Drainage.

All development activity within Whatcom County shall be subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635 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 Code. (Ord. 2017-045 § 1 (Exh. A), 2017; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 96-056 Att. A § A2, 1996; Ord. 94-022, 1994).

20.63.655 Driveways.

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. 2012-032 § 2 Exh. B, 2012).

20.63.656 Access.

Access shall conform to the provisions of WCC 20.80.565. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.657 Lighting.

Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.658 Binding site plan.

Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to WCC Title 21 (Land Division Regulations) and additional requirements, as applicable. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.700 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 of 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.

.705 Proposed development or redevelopment in Tourist Commercial Zone Districts located within a rural community designation will be consistent with the character of the area on July 1, 1990, in terms of building size, scale, use, or intensity, per WCC 20.80.100(1), except as provided in WCC 20.80.100(2). In a rural tourist designation, development or redevelopment shall be consistent with the Comprehensive Plan policies for that designation. In a rural business designation, the maximum allowable floor area is 7,000 square feet per building except as provided in WCC 20.80.100(3) and (4). (Ord. 2017-030 § 1 (Exh. G), 2017; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 84-38, 1984).