Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)

Sections:

20.85.010    Purpose.

20.85.020    Applicability.

20.85.050    Permitted uses.

20.85.100    Design and development standards.

20.85.101    Conformance.

20.85.102    General design criteria.

20.85.103    Resource lands.

20.85.104    Compatibility treatment.

20.85.105    Buffering standards.

20.85.106    Facility design.

20.85.107    Common open space.

20.85.108    Density increases.

20.85.109    Lot sizes, building spacing and height, improvement coverage, and yard requirements.

20.85.110    Circulation, access and parking.

20.85.111    Mechanical equipment.

20.85.112    Storage and trash areas.

20.85.113    Drainage and land alteration.

20.85.114    Utilities.

20.85.115    Nonresidential improvements.

20.85.116    Signs.

20.85.117    Project phasing.

20.85.118    Concept plan.

20.85.200    Information submittal.

20.85.201    General provisions.

20.85.202    Textual information.

20.85.203    Site plan and supporting maps and graphics.

20.85.204    Supplemental information.

20.85.300    Planned unit development procedure.

20.85.301    Planned unit development procedure and approximate processing time.

20.85.305    Preapplication conference.

20.85.310    SEPA review.

20.85.315    Application submittal.

20.85.320    Application distribution and review.

20.85.325    Technical committee.

20.85.330    Zoning administrator.

20.85.335    Hearing examiner.

20.85.340    County council.

20.85.345    Burden of proof.

20.85.350    Scope of initial planned unit development approval.

20.85.355    Initial approval time limits.

20.85.360    Installation of improvements.

20.85.365    Final review and approval.

20.85.370    Control of the development after completion.

20.85.375    Enforcement.

20.85.400    Fees.

20.85.010 Purpose.

It is the intent of this chapter to:

.011 Provide mutual benefits to the general public and project proponent by utilizing innovative and efficient land use and design by permitting greater flexibility in zoning requirements than is generally permitted by other chapters of this ordinance while providing the expeditious handling of projects.

.012 Encourage creative and coordinated site planning, the conservation of natural elements, features and energy, the use of mixed use developments, the use of new technologies and techniques, and the efficient layout of streets, utility networks and other public improvements.

.013 Encourage the creation of permanent open space, and the provisions of more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.

.014 Encourage development that provides a variety of living, working and recreational environments in a manner harmonious with surrounding on-site and off-site land use activities.

.015 Move toward the attainment of the goals and the implementation of the policies of the comprehensive land use plan. (Ord. 2004-007 § 1, 2004).

20.85.020 Applicability.

This chapter is applicable in any zone district within an urban growth area. The provisions of this chapter can be used for any residential, commercial and/or industrial project on property two acres or greater in size; provided, however, that residential PUDs are not permitted in the Cherry Point Industrial Urban Growth Area. Transfer of development rights shall be utilized within designated density transfer receiving areas as shown on the official Whatcom County zoning map to achieve the allowed maximum density prior to the utilization of the density bonus provisions of this chapter. A planned unit development may be used on property less than two acres in size when the zoning administrator finds one or more of the following conditions exists:

.021 An unusual physical or topographic feature of importance to the area as a whole exists on the site or in the neighborhood, which can be conserved and still leave the applicant equivalent use of the land by the use of a planned unit development.

.022 The property or its neighborhood has a historical character of importance for the community that will be protected by use of a planned unit development.

.023 The property is adjacent to or across a street from property which has been developed or redeveloped under a planned unit development, and a planned unit development will not detract from the amenities and aesthetic values of the neighboring planned unit development.

.024 The project will use unique or innovative design concepts which would benefit the public welfare including design provisions which would be precluded by the underlying district.

.025 The project would meet an important social need that cannot be realized with the underlying zone.

.026 The project will promote creativity or affordability in residential, commercial and industrial development. (Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2004-007 § 1, 2004; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 98-083 Exh. A § 59, 1998).

20.85.050 Permitted uses.

.051 Uses outright permitted in a planned unit development shall include permitted, accessory and conditional uses allowed in the underlying zone district(s) and such other uses as provided in WCC 20.85.052 to 20.85.055. For areas located within a Water Resource Protection Overlay District, the more restrictive use provisions of Chapter 20.71 WCC shall apply.

.052 In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright where they are only serving the development and where all other applicable standards are met:

(1) Community building;

(2) Indoor recreation facility including athletic club or fitness center, racquetball court, swimming pool, tennis court, or other similar uses;

(3) Outdoor recreation facility including swimming pool, tennis court or similar use; and

(4) Recreation vehicle storage area.

.053 A planned unit development may add land use activities as follows; provided the criteria of WCC 20.85.054 are met:

(1) For the Urban Residential, Residential Rural and Rural zones, multifamily dwellings consistent with the density requirements of the underlying zone except as that may be modified by the provisions of WCC 20.85.108. The number of units attached may be greater than would otherwise be allowed by the underlying zoning;

(2) For the Urban Residential and Urban Residential Medium zone, those uses allowed in the Neighborhood Commercial zone are also permitted. In addition, both resort and nonresort-oriented transient accommodations, such as inns or hotels may be permitted; provided, that:

(a) The total number of sleeping units shall not exceed 50 percent of the total number of dwelling units that would be allowed on the property by the underlying zone regulations;

(b) Each sleeping unit shall count as one dwelling unit for the purpose of determining the total number of dwelling and sleeping units in combination permitted on the property;

(c) It can be demonstrated that the overall development will not generate more traffic than conventional residential development at the density allowed in the zone;

(3) For the General Commercial zone, those uses allowed in the Urban Residential Medium zone are appropriate;

(4) For the Light Impact Industrial zone, those uses allowed in the Urban Residential Medium, Neighborhood Commercial and/or General Commercial zones are appropriate; and

(5) For the Forestry zone, those uses allowed in the Rural and Residential Rural zones are appropriate.

.054 In order to expand uses allowed in WCC 20.85.053, the applicant shall demonstrate:

(1) That the primary land use activity of the planned unit development shall be those uses allowed by the underlying zone district;

(2) That the expanded uses will benefit and serve the residents or employees of the proposed development; and

(3) That all other applicable approval criteria and standards are met.

.055 Where a proposed development is located in two or more zone districts, the uses allowed in the applicable districts may be located on any portion of the site; provided, that all applicable standards are met.

.056 For purposes of determining appropriate standards, the requirements of the zone district allowing the use would apply. If the use is allowed by two or more districts, the lesser standards would apply. (Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 97-061, 1997; Ord. 96-056 Att. A § V1, 1996; Ord. 89-55, 1989).

20.85.100 Design and development standards.

20.85.101 Conformance.

All uses and development shall conform to all relevant requirements and standards of:

(1) The zone district(s) within which the planned unit development is located, except as may be modified by this chapter;

(2) The Uniform Building and Fire Codes;

(3) Chapter 12.08 WCC where it does not conflict with the standards and requirements of this chapter; and

(4) Other applicable official controls. (Ord. 2004-007 § 1, 2004).

20.85.102 General design criteria.

(1) Major and local streets, the location of all buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize conflict between uses, and reasonably maintain topography and other natural features.

(2) Single-family and multifamily detached structures shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to decrease the automobile orientation from the streetscape. (Ord. 2009-010 § 1 (Att. A), 2009; Ord. 2004-007 § 1, 2004).

20.85.103 Resource lands.

Planned unit developments in the Forestry Zone District shall not use areas which can effectively on a commercial basis support or contribute to support productive forestry operations based on topographic, existing use and/or soils considerations. (Ord. 2004-007 § 1, 2004).

20.85.104 Compatibility treatment.

(1) The design of a planned unit development shall take into account the relationship of the site to the surrounding areas and between differing uses on the site. The perimeter of the PUD and arrangement of uses on the site shall be designed to minimize adverse impacts between the project and adjacent land uses, and different types of potentially incompatible land uses. Compatibility factors include but are not necessarily limited to visual and audio intrusion and conspicuous visual barriers.

(2) If existing topographical or other barriers within 10 feet of the perimeter of the development do not provide reasonable compatibility for existing uses adjacent to the development, one or all of the following requirements shall be imposed:

(a) Structures located on the perimeter of the development shall be set back in accordance with the front yard setback of the underlying zone.

(b) Structures located on the perimeter of the development shall be fenced, bermed and/or landscaped, except where such screens would inhibit the use of an existing or proposed solar energy system.

(c) Commercial, industrial or quasi-public structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas of adjoining conforming residential properties from view and noise.

(3) Buffering shall be provided between different types of land uses including parking areas (for example, between single-family and multiple-family residential, or residential and commercial) on the site perimeter or within the site where probable incompatibility based on congestion, noise, visual intrusion and hours of operation may exist. (Ord. 2004-007 § 1, 2004).

20.85.105 Buffering standards.

Where buffering is required by this chapter, the following factors will be considered in determining the adequacy of the type and extent of the buffer:

(1) The purpose of the buffer, for example, to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier.

(2) The size of the buffer needed in terms of width and height to achieve the purpose.

(3) The location of the buffer. (Ord. 2004-007 § 1, 2004).

20.85.106 Facility design.

The facility design requirements of WCC 20.22.651 shall be met. (Ord. 2004-007 § 1, 2004).

20.85.107 Common open space.

No open area may be accepted as common open space within a planned unit development, unless it meets the following requirements:

(1) The common open space is for amenity or recreational purposes, and the size and uses authorized are appropriate to the scale and the character of the planned unit development, considering its size, density, expected population or employees, topography, and the number and type of dwellings provided.

(2) Common open space will be suitably landscaped for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. Any buildings, structures and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space.

(3) LID BMPs may be used within common open space; provided, that the use of LID BMPs is not in conflict with the primary purpose of the common open space.

(4) Common open space shall be maintained through one of the following methods:

(a) An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and approve a declaration of covenants and restrictions on the common open space that is acceptable to the land use division of planning and development services upon consultation with the prosecuting attorney, in providing for the continuing care of the space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any covenants limiting the use of common open space areas, and all rights to enhance these covenants against any use permitted are expressly reserved; or

(b) A public agency which agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2004-007 § 1, 2004).

20.85.108 Density increases.

(1) The county may approve an increase of dwelling unit density for residential development, or floor area for commercial and industrial activities of not more than 35 percent greater than that permitted by the underlying zone rounded to the nearest whole number. Note: Properties located within a Water Resource Protection Overlay District shall not be eligible for a dwelling unit density increase. Density increases shall be governed by the following factors, and are to be treated as additive, and not compounded:

(a) A 15 percent increase in base density for meeting the requirements of this chapter.

(b) A 10 percent increase in base density for improvements to common open space that will serve the needs of the development’s residents and would include such facilities as play areas with equipment, basketball courts, handball courts, ball fields, tennis courts or swimming pools. Usable open space on the roof of a building may qualify as improved open space.

(c) A 10 percent increase in base density for preservation or restoration of historically or architecturally significant structures, or for preservation of significant natural features. The burden of designation of such structures or features as significant shall be upon the applicant, unless such structures or features are already identified as worthy of preservation in the Comprehensive Plan, Parks Plan, other official documents, or on a local, state or national register. Final determination as to significance shall be made by the planning director at the earliest possible time and no later than the technical committee review.

(d) A 10 percent increase in base density for the design and construction of energy-efficient buildings which will reduce consumption to 75 percent or less of energy demand per square foot per year for space and water heating in a standard building built to the Washington State Energy Code.

(e) A 10 percent increase in base density for the use of energy from a renewable source exclusively serving the project to provide at least 20 percent of the combined space and water heating needs of the structures proposed in the project. Access to the energy source must be protected through site design and protective covenants or easements. Water heating needs shall be based on energy requirements on an annual basis.

(f) A 15 percent increase in the base density for the creation and preservation of significant public access on shorelines.

(g) Single-family and multifamily development projects located in urban residential zoning districts that utilize rear lane or “alley” garage access may be granted a 15 percent increase in base density, provided:

(i) Garages are located with direct maneuvering off of the alley; and

(ii) Front porches are included as part of the front building facade; and

(iii) Site development conforms to low impact development standards as adopted by Whatcom County in place at time of application.

(2) For purposes of determining conformance with subsections (1)(d) and (e) of this section, the energy efficiency of the structures or energy contribution of total energy usage shall be calculated using an analytical procedure generally recognized by the Washington State Energy Office as reasonably representative of the expected energy performance. This detailed information shall be provided as part of the final review process of WCC 20.85.365.

(3) Transfer of development rights shall be utilized within designated density transfer receiving areas as shown on the official Whatcom County zoning map to achieve the allowed maximum density prior to the utilization of the density bonus provisions of this chapter. (Ord. 2009-010 § 1 (Att. A), 2009; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 98-083 Exh. A § 66, 1998).

20.85.109 Lot sizes, building spacing and height, improvement coverage, and yard requirements.

(1) The minimum lot size, lot width and yard requirements of the underlying zone district may be waived provided the project meets the design standards of this section.

(2) Building Spacing and Setbacks. The spacing between main buildings shall be at least equivalent to the spacing which would be required between buildings similarly developed on separate parcels conforming to the underlying zone district’s setback requirements. This spacing and setback requirement may be reduced when it is demonstrated:

(a) A better or more appropriate design can be achieved by not applying the provision of the zoning district;

(b) That compensating design and/or structural measures are used to ensure the protection of the users and inhabitants (of the development) health, safety and welfare, including but not necessarily limited to visual and acoustical privacy, and adequate light and air; and

(c) That any perimeter treatment required by WCC 20.85.104 is met.

(3) Maximum Coverage. Building coverage and development coverage of individual parcels may exceed the percentage permitted by the underlying zone; provided, that the overall coverage of the project as a whole does not exceed the percentage permitted by the underlying zone or applicable overlay district.

(4) Height. Building height may exceed the maximum permitted in the underlying zone by 50 percent; provided, that the project design protects adjacent uses both inside and outside of the PUD from adverse impacts on privacy, light and air.

(5) Lot Width. Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted.

(6) Setback Reductions. Setback reductions may be granted for single-family and multifamily development projects utilizing rear lane or “alley” garage access, provided:

(a) When front porches that measure a minimum of six feet in depth and 10 feet in length are attached to the front building facade, front yard setbacks may be reduced to a minimum of 15 feet from the back of the abutting sidewalk, the designated front property line, or road right-of-way, whichever is the greater setback.

(b) Site development conforms to low impact development standards as adopted by Whatcom County in place at time of application. (Ord. 2009-010 § 1 (Att. A), 2009; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-029 § 1 (Att. A § 3), 2003).

20.85.110 Circulation, access and parking.

(1) Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of Whatcom County road standards.

(2) Driveways and circulation roadways shall be designed to minimize traffic and congestion within the planned unit development and where consistent with the standards to minimize the amount of paving.

(3) Parking shall be provided in a PUD as required in Chapter 20.80 WCC. However, where it can be demonstrated by the applicant that due to nonconflicting hours of operation, design of the circulation and parking plan, or any other factor reasonably related to the need for parking, the total parking requirement can be reduced. The hearing examiner may do so provided legal notice of the application specifies that such reduction has been requested.

(4) Loading areas for nonresidential uses shall, where possible, be oriented away from residential areas. (Ord. 2004-007 § 1, 2004).

20.85.111 Mechanical equipment.

All ground and roof top mechanical equipment shall be screened when possible to reduce its visibility to surrounding uses or roads. (Ord. 2004-007 § 1, 2004).

20.85.112 Storage and trash areas.

(1) Storage areas for residential developments and all trash areas shall be permanently screened.

(2) Storage for nonresidential uses should be within a closed building except for the sale or rental of retail products which can be stored outdoors during business hours only, and not within any required front or side yard nor in any public street or road right-of-way. All outdoor storage shall be located in an area which is screened and landscaped. (Ord. 2004-007 § 1, 2004).

20.85.113 Drainage and land alteration.

(1) Land alteration may commence when in compliance with Whatcom County land alteration standards.

(2) Drainage plans and improvements shall be in compliance with Whatcom County drainage standards. (Ord. 2004-007 § 1, 2004; Ord. 94-022, 1994).

20.85.114 Utilities.

All utilities shall be underground unless evidence is provided by the supplier of the utility or service that underground installation is not reasonably feasible. (Ord. 2004-007 § 1, 2004).

20.85.115 Nonresidential improvements.

Utilities, roads and other essential services must be available prior to occupancy. (Ord. 2004-007 § 1, 2004).

20.85.116 Signs.

In addition to the provisions of WCC 20.80.400, a system of signs for identifying the location of each residential unit, store or industry shall be established, based on considerations of crime prevention and the needs of emergency vehicles. (Ord. 2004-007 § 1, 2004).

20.85.117 Project phasing.

Applications for initial approval of a planned unit development may include provisions for the project to be constructed and finally approved in sequential phases, as provided herein.

(1) Timing. The plan for phased development shall be submitted with the initial application and reviewed by the technical committee for compliance with this section. The zoning administrator shall accommodate the submission of a phasing plan at any point during the review process, but in no event shall the phasing plan be approved without technical committee review.

(2) Submission Requirements. The phasing plan shall contain the following elements:

(a) The approximate location of all roads, drainage structures, water and sewer lines, and all improvements, easements and dedications of every type necessary to be provided or developed prior to final approval of the project as a whole.

(b) An approximate schedule for the construction or securing of all required physical improvements, and the reservation or dedication of necessary rights-of-way or easements, each in its appropriate phase.

(c) An approximate schedule for the development of residential and nonresidential uses for those planned unit developments located in Residential or Rural Zone Districts.

(3) Approval. A phasing plan shall be approved as part of the principal application if it meets the following criteria:

(a) Each phase is capable of standing by itself, in the sequence of development proposed, such that it will be adequately served by all roads, utilities, drainage structures, easements and other amenities necessary to its existence in the event that subsequent phases are not completed.

(b) The plan incorporates into appropriate phases all structures, dedications, easements, services and amenities necessary to and upon which depends the satisfactory development of all later phases.

(c) The number and extent of phases shall be determined on a project basis.

(d) For mixed use development in Residential or Rural Zone Districts, the plan shall ensure that a sufficient amount of those uses allowed in the underlying zone district are developed so that during any particular phase, the project shall meet the intended character of the district.

(4) Procedure Exclusive. No partial final approval of any total development project shall be granted except as provided in this section. (Ord. 2004-007 § 1, 2004).

20.85.118 Concept plan.

Where a planned unit development application represents the first project of the development of a larger site, the applicant may at his/her option submit a concept plan indicating the general development of the remainder of the site. The purpose of the concept plan is to encourage master planning of a site by demonstrating the coordinated relationship of land use activities, roads, utilities and open space for the entire site, and in concert with existing and planned off-site land uses and facilities.

(1) Plan Contents. The concept plan should contain the following elements for the portion of the site not included in the first phase PUD application:

(a) The approximate location of future generalized land use activities including but not necessarily limited to single-family and multifamily residential (approximate density specified); neighborhood, general, tourist and resort commercial; light and heavy industrial, and general manufacturing; and parks including recreational areas, school sites and open space.

(b) The approximate circulation network (both vehicular and pedestrian).

(c) The approximate location of utility corridors, and drainage channels (natural and manmade) and retention/detention areas.

(d) The approximate location of all existing or planned sewer and water mains, arterial and collector roads, and drainage channels and retention/ detention areas located off-site which is within 300 feet of the site or anticipated to be used for the development of the site.

(2) Plan Status. Unless otherwise provided by agreement between the applicant and zoning administrator, the concept plan shall be nonbinding, and shall not be used as a basis for approving or denying the subject PUD application. However, the plan may be used as a basis to administratively review the arrangement and design of land uses, roads, bicycle and pedestrian pathways, and drainage facilities included in the subject application. (Ord. 2004-007 § 1, 2004).

20.85.200 Information submittal.

The information required in the following sections shall be submitted with planned unit development applications. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.201 General provisions.

(1) Information submitted for initial review is to be an approximate description indicating the general nature of the proposal. Data shall be based on the applicant’s best knowledge or intent of the proposal and shall be sufficiently clear to demonstrate how the project complies with the provisions of this chapter. Information required shall be limited to the area the application includes.

(2) The zoning administrator shall have the authority to waive any portion of the information requirements herein; provided, that the information has been included with a previous rezone request, approved permit or concept plan, and the present PUD application is consistent with the previous action to the extent that the subject data is applicable. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.202 Textual information.

It is anticipated that the level of detail available for individual PUD projects will vary depending on their size and the length of time anticipated for buildout. The applicant must respond to each of the items below but the response may include estimates or approximations where exact figures are not known at this time. All estimates should be based on the applicant’s best knowledge or intent of the proposal. When estimates or approximations are used they must be identified as such. The applicant should be aware that any estimates or approximations provided may be used to set development conditions or thresholds.

(1) General Data.

(a) The title and location of the proposed development, together with the names, addresses and telephone numbers of the record owner or owners of the land and the application, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant.

(b) The legal description of the subject property.

(c) Identify, if known, all special service districts, including fire, school (for residential projects only), drainage and flood control in which the site is located.

(d) Description of the proposed PUD including:

(i) Total area of the PUD;

(ii) Total area of open space and percentage it represents of the total project area;

(iii) Total area of impervious surfacing;

(iv) Number of parcels and/or lease areas, range of parcel size and the size of the smallest parcel;

(v) Proposed ownership of land areas within the PUD both during and after construction;

(vi) Method of achieving compatibility between the PUD and off-site uses and between potentially incompatible on-site uses;

(vii) How density bonus requirements are being met including, when applicable, description of recreation facilities and the proposed method to protect adequate access to sunlight for use by each of the proposed solar energy systems; and

(viii) Development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

(e) Copy of all existing deeds, and existing restrictive covenants or other existing legal restrictions which apply to the project site. The applicant may submit a copy of any proposed restrictive covenants that have been drafted.

(f) The names and addresses of all property owners within 300 feet of the site taken from the latest equalized tax roles.

(2) Data for Residential Development.

(a) Proposed number of dwelling units by type and the amount of site area devoted to each type.

(b) Gross density of the dwelling units.

(c) Deleted by Ord. 96-056.

(3) Data for Nonresidential Development.

(a) Description of each type of proposed commercial and industrial use and amount of site area devoted to each type of use.

(b) The proposed number of square feet in gross floor area for each type of commercial and industrial use. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.203 Site plan and supporting maps and graphics.

An initial site plan, at a minimum scale of one inch equals 100 feet or such other scale as may be convenient based on the area covered by the proposal with approval of the administrator, and any supporting graphics, narrative descriptions and maps, to show major details of the proposed PUD. If the initial plan is based on a survey or existing survey data of the subject site, the survey data shall be prepared by a registered land surveyor, registered civil engineer or other professional licensed to conduct surveys. The initial site plan and supporting graphics and maps in combination shall provide a level of detail appropriate to the scale and timing of the project and sufficient to demonstrate how the project complies with the provisions of this chapter.

(1) Proposed name of the development, northpoint, scale, date and address, and telephone number of the preparer of the site plan/supporting maps.

(2) Existing site conditions including water courses, wetland area, floodplains, unique natural features, native vegetation, forest cover and elevation contours of sufficient intervals to indicate the topography of the entire tract for a sufficient distance beyond the boundaries of the proposed development to depict any features within 300 feet which may affect site development. Unless otherwise approved by the administrator, contour information shall be as follows:

(a) Up to 10 percent slopes, two-foot contours.

(b) Over 10 percent to less than 20 percent slopes, five-foot contours.

(c) Twenty percent or greater slopes, 10-foot contours.

(3) Location of all existing lot lines, lease areas and easements, and the location of all proposed lot lines, lease areas, and easements, if known.

(4) The locations and identification of all existing buildings, structures and other improvements. The location or approximate location of proposed buildings including maximum height and type of use.

(5) For residential structures, provide the types and number of residential units in each structure or the range of residential structures proposed together with the range of the type and number of units per structure.

(6) For nonresidential buildings, the gross floor area of each building.

(7) The location and square footage or approximate location and square footage or acreage of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses with notations of proposed ownership included where appropriate.

(8) Landscaping and open space improvements plan or concept.

(9) The existing and proposed circulation system of arterial, collector and/or local streets, including right-of-way street widths, off-street parking areas, service areas, loading areas and major points of access to public rights-of-way (including major point of ingress and egress to the development). Notations of proposed ownership, public or private, shall be included where appropriate.

(10) Location and width of existing and proposed sidewalks and trails.

(11) The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls.

(12) The location of adjacent utilities including sanitary sewers, water lines and storm drainage facilities intended to serve the development, and a layout of the existing and proposed utilities within the development, if utility plans have been completed. Otherwise indicate the general location of utilities, i.e., roadways, easements, etc.

(13) Existing zoning and Comprehensive Plan boundaries for the site and adjacent property.

(14) Information of contiguous properties within 300 feet of the proposed PUD including:

(a) Existing and, if known, proposed land use and streets; and

(b) Existing structures excluding accessory buildings, ownership tracts and unique natural features of the landscape, if readily accessible.

(15) A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features.

(16) If the applicant wishes to incorporate renewable energy features into the PUD, information shall be submitted which will describe the long-term usability of the energy source including:

(a) Solar:

(i) Solar site survey including solar sun chart;

(ii) Shadow diagrams including schematic elevations of pertinent vegetation and structures, and existing major topographical features;

(iii) General description of the solar system identifying type (passive or active), location and size (surface area);

(b) Wind:

(i) Wind data including direction, frequency and intensity;

(ii) Wind disruption information including potential on and off-site building construction, and major topographical features;

(iii) Wind machine location and visual description;

(c) Micro or small scale hydro:

(i) Estimated annual energy output using flow duration curves;

(ii) Stream data including low and average flows;

(iii) Hydro site location and design;

(iv) Status of Federal Energy Regulatory Commission (FERC) approval;

(d) Geothermal: source of energy. (Ord. 2016-045 § 1 Att. A, 2016; Ord. 2004-007 § 1, 2004; Ord. 98-083 Exh. A § 66, 1998; Ord. 96-056 Att. A § V2, 1996).

20.85.204 Supplemental information.

(1) A completed environmental checklist; provided, that if the applicant has agreed in writing to the preparation of an environmental impact statement, no checklist shall be required.

(2) Where water and/or sanitation service is to be obtained from an existing public system, including a water association, a letter from the service purveyor indicating the availability and requirements for the service shall be included.

(3) Where a new water system is proposed, include the source of the water, the estimated amount of water available from a ground water or surface water source, the status of water rights application, and the general location and size of the proposed pipe and other major appurtenances for development of community or public systems. The description shall also include improvements for fire protection.

(4) A description of the sanitation facilities which shall include the method of sanitation and, where applicable, the location of community on-site sewage waste disposal systems, location of soil log holes, percolation rate data, and the general location and size of proposed pipe and other major appurtenances. Where on-site sanitation systems are proposed, the applicant shall provide evidence demonstrating the suitability therefore of all lots or any single lot. Percolation tests shall be performed by a licensed perc tester.

(5) One copy of the water and sanitation information, particularly the soil log hole and percolation rate data, is recommended to be submitted directly to the health department prior to submittal of the planned unit development.

(6) A preliminary drainage study consistent with the requirements of the Whatcom County Development Standards. A traffic study if required by the department of public works at the preapplication conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS.

(7) The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose of this paragraph is to generally identify the method of maintenance and not to require detailed agreements.

(a) If to be maintained by a governmental jurisdiction or existing water association, a letter from the jurisdiction or association shall be submitted specifying acceptance of maintenance responsibility and indicating the conditions, if any, upon which the acceptance is contingent.

(b) If the maintenance is to be provided privately, the developer shall indicate the organization to provide the maintenance and the method and approximate amount of funding required therefor.

(8) Additional information, in the form of detailed studies or surveys, may be reasonably required by the county if any portion of the site of a proposed PUD is within an unsuitable land area as defined by WCC 20.97.443. This information should be identified to the applicant at a preapplication conference. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V2, 1996).

20.85.300 Planned unit development procedure.

20.85.301 Planned unit development procedure and approximate processing time.

(1)     Preapplication Conference

Optional

    • Technical Committee

County Council

    • SEPA Official

Review Items #1, #2 & #3

(2)     Application Submittal

21 Days

    • Written and Graphic

 

(3)     SEPA Review

14 Days +

(4)     Agency Referral

30 Days

(5)     Technical Committee

21 – 28 Days

(6)     Buildings & Code Administration Staff Report

14 Days

(7)     Hearing Examiner – Public Hearing

28 Days

(8)     Initial Approval by County Council

21 Days

(9)     Installation of Improvements

Up to 3 Years

Items #9 – #10

(10)     Final Review and Approval

Up to 7 Years

or Pre-Agreed Schedule

Items #10 – #11

(11)     Project Development

 

(Ord. 2004-007 § 1, 2004).

20.85.305 Preapplication conference.

(1) An applicant shall request a preapplication conference to be held prior to submission of an application and which should take place prior to any detail work. The developer or his representative shall be prepared to present to the technical committee and the SEPA official conceptual sketches which contain in rough and approximate manner adequate information to describe the proposal in relation to topics listed below. The conference shall be held 14 days after the land use division of planning and development services receives sufficient copies of information from the applicant to distribute to the technical committee and the SEPA official. All information presented by the developer shall be considered confidential.

The purpose of the conference is to enable the developer to consult with the technical committee and SEPA official as to the intent, standards and provisions of this title, other applicable land use controls, and SEPA as they apply to the proposed project.

It is also the purpose of this conference to identify as many potential problems and opportunities as possible in order for the application to be processed without delay or undue expense. Discussion will include the following topics:

(a) County Comprehensive Plan;

(b) Zoning;

(c) Shoreline Master Program;

(d) Any adopted street and road plan and/or program;

(e) Availability of water and sanitation;

(f) Storm drainage;

(g) Development and design concepts, including phasing and open space;

(h) Sidewalk requirements;

(i) Bike paths and internal pedestrian system;

(j) Public transportation requirements;

(k) Off-site requirements such as sidewalks, street lights, traffic signals, utilities or improvements of adjacent streets;

(l) Fire protection;

(m) Maintenance provisions;

(n) Known hazards and additional information as required by WCC 20.85.204(8) including any required approvals by Department of Ecology for projects located within flood control zones;

(o) Environmental impact to the development and other issues related to SEPA requirements;

(p) Other county requirements and permits;

(q) Identification of other local, state and federal agencies which may also have jurisdiction; and

(r) Identification of adjacent lands owned by the applicant and possible future development thereof.

(2) The applicant may request the zoning administrator to forward the information to the county council for review and discussion purposes. The council review shall take place within 21 days after the preapplication conference with staff. Upon receiving said request, the zoning administrator shall obtain from the applicant:

(a) Sufficient copies of the information submitted pursuant to subsection (1) of this section to distribute to all members of the county council; and

(b)(i) For sites within urban growth areas: Stamped envelopes with typed addresses for each property owner within 300 feet of the external boundaries of the subject property as shown by the records or the county assessor;

(ii) For sites outside urban growth areas: Stamped envelopes with typed addresses for each property owner within 1,000 feet of the external boundaries of the subject property as shown by the records of the county assessor.

The zoning administrator shall then forward the submitted information and summary of the comments and concerns made by staff to the clerk of the council. The clerk shall schedule an open meeting with the planning and development committee of the council, and mail a notification to the applicant and property owners no less than 10 days prior to the meeting’s occurrence. The meeting may address any of the issues identified in subsections (1)(a) to (r) of this section or any other pertinent issues. It is the purpose of this meeting to identify potential concerns in order to assist the applicant to ascertain the general feasibility of his/her proposal for the particular area the proposal would be located.

(3) Preapplication reviews as provided by this section shall not be construed to bind either the applicant or the county in any respect. Further, the information requested at the preapplication conference for application submittal shall not preclude the county from requiring additional information or clarification of materials after submittal. (Ord. 2004-007 § 1, 2004; Ord. 2003-039 Exh. A, 2003; Ord. 98-083 Exh. A § 66, 1998).

20.85.310 SEPA review.

The SEPA official shall process all planned unit developments consistent with the requirements of Chapter 43.21C RCW and Chapter 197-11 WAC as well as the Whatcom County SEPA Ordinance. The SEPA process shall be integrated as part of the project review process. The SEPA official shall make the threshold determination at the earliest time when the principal features of a proposal and its environmental impacts can be reasonably identified. (Ord. 2004-007 § 1, 2004).

20.85.315 Application submittal.

The applicant shall submit required fees, and sufficient copies of the maps, written data and supplemental information required by WCC 20.85.200 to the zoning administrator in order to distribute copies to pertinent agencies. No application shall be accepted unless it complies with the requirements of this chapter and the applicant attests by his signature to the correctness of the information submitted. Applications which are found to be seriously deficient shall be returned to the applicant within 10 days of submittal and the application fee refunded. (Ord. 2004-007 § 1, 2004).

20.85.320 Application distribution and review.

The zoning administrator shall mail a notice to agencies potentially having interest, jurisdiction or expertise relevant to the application within five days after receipt of the application. Such agencies receiving applications for review shall be given up to 30 days to respond, or the zoning administrator, SEPA official, and the technical committee shall conclude that the reviewing agency has no interest in the application, and may make such findings, conclusions or requirements as deemed reasonable, consistent with the requirements of this title. (Ord. 2004-007 § 1, 2004).

20.85.325 Technical committee.

Upon the issuance of a declaration of nonsignificance (DNS) or draft environmental impact statement (DEIS), or, if a DNS or DEIS is completed, after receipt of all agency comments pursuant to WCC 20.85.320, the technical committee shall convene in an open meeting to discuss with the applicant and any other interested persons each committee member’s recommendation to the zoning administrator. Each member shall recommend either approval, approval with conditions, denial, or further modifications or corrections to the application. The recommendation from each member shall be written and submitted to the zoning administrator within seven days, and shall clearly address those factors to be considered by the hearing examiner as identified in WCC 20.85.335 which are within the expertise and responsibility of such member and, where appropriate, proposed conditions for approval; or shall clearly indicate all deficiencies of the application requiring modification or correction. (Ord. 2004-007 § 1, 2004).

20.85.330 Zoning administrator.

Within 14 days after receiving all written input from the technical committee and verifying its sufficiency, the administrator shall forward the application and staff report to the hearing examiner to schedule for public hearing, and shall assemble a recommendation based on the contributions of the technical committee, and other county and noncounty agencies. The recommendation shall be in writing and contain relevant data and proposed findings. Upon submission of the report to the examiner, copies shall be mailed to the applicant and made available to any interested party. (Ord. 2004-007 § 1, 2004).

20.85.335 Hearing examiner.

The hearing examiner shall hold the public hearing on behalf of the county council in the manner required by WCC 20.92.300 and provide written public notice consistent with the requirements for major project permits as provided in WCC 20.88.215. The examiner shall recommend project approval, approval with conditions, or denial, based upon written findings and conclusions supported by the evidence of record. The recommendation shall determine the adequacy of a planned unit development application based on the following criteria:

(1) Conservation of natural elements and features;

(2) Harmony of selected uses to each other;

(3) Grouping and design of buildings, service, parking areas, circulation and open space as an integrated unit such that a safe, efficient and convenient PUD is created;

(4) Harmony of the proposed PUD with the existing and proposed characteristics of its surroundings, with emphasis and due consideration given to air, water and soil pollution, flood protection, and aesthetics;

(5) Conformance with the policies, goals and objectives of the Comprehensive Plan;

(6) Adequate provision of utilities and circulation to serve the project and, where appropriate, contribute to the overall development of urban areas;

(7) The exceptions granted by this chapter are warranted by creative design utilizing good design principles and provision of amenities incorporated in the planned unit development and its program;

(8) That the system of ownership, and means of developing, preserving and maintaining open space and other common facilities is acceptable to the county; and

(9) Where expanded land uses as allowed by WCC 20.85.053 are requested for an application, the criteria of WCC 20.85.054 are met, and where a phasing plan is proposed, the criteria of WCC 20.85.117(3) are met; and

(10) Promotion of creativity and affordability in residential, commercial and industrial development. (Ord. 2004-007 § 1, 2004; Ord. 98-083 Exh. A § 66, 1998; Ord. 96-056 Att. A § A2, 1996).

20.85.340 County council.

The county council shall meet to consider the hearing examiner’s recommendation within 21 days of receipt thereof, at which time it may:

(1) Approve or disapprove the recommendation, or remand the matter to the hearing examiner with instructions; or

(2) In the event the council wishes to consider enacting a significant change that does not arise from the record, the council may hold its own public hearing, after giving notice thereof, and approve or deny the planned unit development based upon its own findings and conclusions. A public hearing before the county council may be limited in scope to particular issues or problems at the discretion of the council. The council’s decision shall be based upon the official record, WCC 20.85.335 and other applicable law. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V3, 1996).

20.85.345 Burden of proof.

With respect to any finding of fact required for planned unit development approval by this title, the burden of proof for submitting to the public hearing record evidence, studies and plans sufficient to support an affirmative finding of fact lies with the applicant.

(1) Prior to public hearing, any deficiency within the application with regard to necessary data or compliance with design requirements shall be brought to the notice of the applicant, in writing, by the zoning administrator, who shall request that the required information be submitted within a reasonable period of time. Failure to make a timely response may result in a return of application.

(2) If the hearing examiner determines after public hearing that the record established by the applicant does not support an affirmative finding of fact with respect to any element necessary for PUD approval, he shall do one of the following:

(a) Recommend denial of the planned unit development;

(b) Recommend partial approval of a phased planned unit development;

(c) Recommend PUD approval, subject to conditions sufficient to mitigate any problems created by the absence of a material finding; or

(d) With the consent of the applicant, remand the application to the technical committee for further review.

(3) If the county council concludes that the record before it is deficient with respect to any finding of fact necessary to support PUD approval, it may take final action in the manner provided in subsections (2)(a) through (c) of this section, remand the matter to the technical committee or the hearing examiner, or hold its own public hearing to receive new evidence, studies or plans. (Ord. 2004-007 § 1, 2004).

20.85.350 Scope of initial planned unit development approval.

(1) Once the planned unit development receives initial approval pursuant to WCC 20.85.340, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PUD, shall be bound by the conditions attending the approval of the development and the provisions of this chapter.

(2) Minor adjustments may be made and approved by the zoning administrator, upon consultation with the technical committee, and are those adjustments which may affect the dimensions, location and type of improvements of facilities; provided, the amendment maintains the basic character of the PUD application approved by the county council including general type and location of dwellings and other land use activities, arrangement of buildings, density of the development, and provisions of the project to meet density bonus and open space requirements; and provided further, the standards of this chapter are met.

(3) Major adjustments are those which, in the opinion of the zoning administrator, upon consultation with the technical committee, substantially change the basic design, density, open space or other requirements of the planned unit development. When a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the county council of such adjustment. (Ord. 2004-007 § 1, 2004).

20.85.355 Initial approval time limits.

(1) The applicant shall have five years from the date of council action, except as provided in subsection (4) of this section, to submit the final application pursuant to WCC 20.85.365.

(2) An applicant who files a written request with the Whatcom County council prior to expiration of the five-year expiration period shall be granted a one-year extension upon showing that the applicant has attempted in good faith to complete the requirements necessary for submittal of final PUD approval within five years from the date of initial PUD approval.

(3) The Whatcom County council shall have authority to grant two additional one-year extensions beyond the one-year extension authorized in subsection (2) of this section. Each such additional one-year extension may be granted after taking into consideration technical, economic and other matters beyond the control of the applicant and the council finds that there is reasonable justification for the granting of additional extensions. In granting each additional one-year extension beyond that approved in subsection (2) of this section, the council may take into consideration such changes in rules, regulations and ordinances that have occurred since the time the original approval was granted and may condition the extension so as to required compliance with any such subsequently adopted rules, regulations or ordinances, or portion thereof, that the council deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County council prior to expiration of the initial PUD approval.

(4) Applicants may develop a planned unit development in phases, in accordance with an approved phasing plan. The total amount of time to obtain final approval for all phases of the PUD shall not extend beyond the time limit established in the approved phasing plan unless additional time is granted by the county council upon a showing that the public health, safety and welfare would not be harmed by granting an extension, and that substantial progress has been made toward completing all the necessary requirements for obtaining final PUD approval.

(5) Planned unit developments for which final approval has not been obtained within the time allotted by the above shall expire without prejudice; provided, that in a phased PUD the expiration shall only apply to those portions or phases of the PUD that have not been applied for or been granted final PUD approval. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V4, 1996).

20.85.360 Installation of improvements.

Upon receipt of initial approval, the applicant may proceed with the installation of improvements required by the planned unit development pursuant to the following:

(1) The applicant shall submit detailed engineering plans developed consistent with adopted county standards for the construction of roads, bridges, utilities, drainage works and other required improvements. In addition, the applicant shall also submit a land alteration control plan consistent with adopted land alteration standards.

(2) Land alteration and construction activities shall commence only when the land alteration control plan and engineering plans for the appropriate improvement have been approved by the county engineer and by any other departments or agencies having jurisdiction. The county engineer shall act on the plans within 14 days after acceptance of a completed set of plans from the applicant.

(3) All improvements shall be built to applicable standards in force at the time of initial PUD application submittal.

(4) All construction of water and sewer systems shall be done under supervision of a licensed civil engineer. The county engineer may waive this requirement.

(5) Any condition of initial approval requiring accomplishment of such improvements as drainage or development of the source of water supply prior to other construction shall be strictly complied with, and no other construction shall proceed until any such condition is discharged to the satisfaction of the county engineer, health department or other agency, as indicated in the condition.

(6) Where facilities or improvements are proposed to be maintained by lessees, renters or property owners, a workable organization shall be established to guarantee maintenance of such facilities. (Ord. 2004-007 § 1, 2004).

20.85.365 Final review and approval.

(1) Upon completion of the improvements and meeting appropriate conditions as required by the initial planned unit development approval, the applicant shall submit:

(a) A revised planned unit development site plan and written information containing specific information required in WCC 20.85.202 and 20.85.203. The revised site plan and written information shall reflect those changes to the development as a result of initial PUD approval and subsequent approved modifications;

(b) If the proposal includes energy conservation and/or renewable energy source, information required in WCC 20.85.108(2) shall be provided;

(c) Written certifications from appropriate local agencies indicating the installation of required improvements and compliance with relevant conditions.

(2) Within 30 days after receipt of a completed set of revised site plans and written information, and written certifications, the zoning administrator shall approve the planned unit development request when it finds that:

(a) The PUD information has been appropriately updated;

(b) Adequate maintenance provisions for private facilities and improvements have been established;

(c) All relevant conditions have been met; and

(d) All required improvements have been installed or adequate securities have been provided for development.

(3) Upon approval of the planned unit development pursuant to this section, the applicant may begin construction of the project in compliance with the approval. If no construction is initiated within seven years, the approval shall be null and void unless the zoning administrator finds extenuating circumstances or in accordance with a pre-agreed upon schedule of phasing. (Ord. 2004-007 § 1, 2004).

20.85.370 Control of the development after completion.

The final development plan shall continue to control the planned unit development after it is finished and the following shall apply:

(1) The building official in issuing a certificate of completion of the planned unit development shall note the issuance on the filed final development plan.

(2) After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan.

(3) After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows:

(a) Minor modifications of existing buildings or structures may be authorized by the zoning administrator, upon consultation with the technical committee, if they are consistent with the purposes and intent of the final plan.

(b) A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development if it is in compliance with the purpose and intent of the final development plan.

(4) An amendment to a completed planned unit development may be approved if it is consistent with the planned unit development, or if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the Comprehensive Plan or related land use regulations.

(5) No modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the planned unit development, and all rights to enforce these covenants against any change permitted by this section are expressly reserved.

(6) In the event the applicant shall seek an amendment to the application, and it is the determination of the zoning administrator, upon consultation with the technical committee, that such amendment exceeds the scope of final approval, a public hearing shall be held by the hearing examiner as provided by WCC 20.85.335 herein. (Ord. 2004-007 § 1, 2004; Ord. 98-083 Exh. A § 66, 1998).

20.85.375 Enforcement.

After final review and approval, as provided by WCC 20.85.365 herein, the zoning administrator shall enforce, or cause to be enforced, the provisions of this chapter as follows:

(1) Stop Orders. Whenever any work or action is being done contrary to the provisions of this chapter, the zoning administrator may order the work or action stopped by notice in writing served on any persons engaged in the doing or causing such work or action to be done; and any such persons shall forthwith stop such work or action until authorized by the administrator to proceed with the work or action;

(2) Permits. No buildings, occupancy or other permit shall be issued or granted for the construction of any building, structure or improvement to the land, or for the use of any building or structure or improvement to the land, until all requirements of this chapter have been complied with;

(3) Security. In the event of noncompliance with the terms of this chapter, the zoning administrator may require the applicant to furnish assurance of compliance upon such terms and conditions as the administrator deems appropriate including, but not limited to, the posting of a surety bond or other sufficient security;

(4) Equitable Relief. Whenever any building, structure or improvement to the land within a PUD is used in a manner, or for a purpose, which violates any provision of this chapter, or any provision of state or local law, or any term or condition of PUD approval, the county may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter, state or local law, or such terms and conditions. The costs of such action shall be taxed against the violator;

(5) Penalty. Any person, firm or corporation who constructs any building, structure or improvement to the land, or any portion thereof, in violation of the provisions of this chapter, shall be guilty of a gross misdemeanor. (Ord. 2004-007 § 1, 2004).

20.85.400 Fees.

Fees for planned unit developments shall be as set forth in the Whatcom County Unified Fee Schedule. (Ord. 2004-007 § 1, 2004; Ord. 96-056 Att. A § V5, 1996).