Whatcom County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 20
34 RURAL RESIDENTIAL-ISLAND RR-I DISTRICT
§ 20.34.010 Purpose.
The purpose of this district is to allow for a harmonious mixture of residential, retail commercial, public uses and those light industrial uses associated with agriculture, forestry and fishing. In addition, the district requires that new light industrial, retail commercial and residential uses complement the rural character by adherence to the goals and policies of the Lummi Island Subarea and Whatcom County Comprehensive Plan. Furthermore, the purpose of this district is to provide the option for residential uses to arrange in cluster development patterns while reserving tracts of land for rural uses and potential future resubdivision in accordance with the adopted zoning density requirements, as applied to the entire subdivision or short subdivision. In addition, the district provides for density transfer to preserve land and water quality. In addition, Lummi Island Scenic Estates shall be administered under the RR-I Zone District regulations.
(Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 98-083 Exh. A § 34, 1998; Ord. 99-069, 1999; Ord. 2003-029 § 1 (Att. A § 5), 2003)
§ 20.34.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapters 20.80 WCC (Supplementary Requirements) and 22.05 WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.
.051
One single-family detached dwelling per lot.
.052
Agriculture including animal husbandry, horticulture, viticulture, floriculture and beekeeping; and the cultivation of crops.
.053
Fish farms and aquaculture and mariculture projects; provided, that no new seafood or fish-raising facilities or ponds shall be located within 1,000 feet of agricultural operations requiring pesticide and/or herbicide applications as part of their normal farm practices pursuant to the Whatcom County Shoreline Management Program.
.054
Small wood lot management, tree farming, commercial forestry and reforestation, including the temporary use of portable management harvesting or processing equipment.
.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 the definition of home occupations (see Chapter 20.97 WCC).
.058
Public parks and recreation facilities included in an adopted city or county Comprehensive Plan or Park Plan.
.059
Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.
.060
Co-living housing, provided the density requirements in WCC § 20.20.252 are not exceeded.
.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. 87-11, 1987; Ord. 87-12, 1987; Ord. 99-062, 1999; Ord. 99-068, 1999; Ord. 2004-014 § 2, 2004; Ord. 2004-026 § 1, 2004; Ord. 2005-079 § 1, 2005; Ord. 2023-042 § 1 (Exh. A), 2023; Ord. 2025-060, 12/9/2025)
§ 20.34.100 Accessory uses.
.101
Type I home-based businesses 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
Day care homes.
.106
Bed and breakfast establishments.
.107
Vacation rental units.
(Ord. 87-23, 1987; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2023-041 § 1 (Exh. A), 2023; Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2025-020 § 1 (Exh. A), 2025)
§ 20.34.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC § 22.05.028:
.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, park model 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 dwelling units, when consistent with WCC § 20.80.910.
.133
Repealed by Ord. 2023-078.
.134
Type II home-based businesses pursuant to WCC § 20.80.970.
.135
Battery energy storage systems with up to five MW of storage capacity, provided:
(1)
Any structures shall be no closer than 25 feet from any property line.
(2)
The proposed use shall be compatible with the general appearance and character of the surrounding area. Landscape screening shall be required pursuant to the requirements of WCC § 20.80.345.
(3)
Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining properties and public roads.
(4)
The facility shall comply with state noise level standards under Chapter 173-60 WAC, as amended. The applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts.
(Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 91-009, 1991; Ord. 95-031, 1995; Ord. 98-018 § 1, 1998; Ord. 99-068, 1999; Ord. 2001-012 § 1, 2001; Ord. 2005-079 § 1, 2005; Ord. 2006-061 § 1 (Att. A)(7), 2006; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2021-059 § 3 (Exh. C); Ord. 2022-048 § 1 (Exh. A), 2022; Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2025-020 § 1 (Exh. A), 2025)
§ 20.34.150 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.
.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
Single-family attached dwellings; provided, that not more than four dwelling units are attached and the number of dwelling units conforms to the density requirements of this district.
.156
Commercial uses including retail trade, professional and personal services, and food preparation for off-site consumption, when accessory to and located within an approved community center.
.157
Light industrial uses associated with fishing, forestry and agriculture, including manufacturing, processing, repair and storage and distribution of goods.
.158
Activity centers.
.159
Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan.
.160
Trailheads with parking areas for more than 30 vehicles.
.161
Bed and breakfast inns.
.162
Confinement feeding operations and feedlots.
.163
Retail plant nurseries provided:
(1)
Must be located on a minor collector or higher classified road.
(2)
Covered sales area and associated display areas must not exceed 10 percent of the total area of development.
(3)
There shall be fixed hours of operation.
(4)
Parking lot, indoor sales or other potential impacts related to operations shall be buffered from neighbors.
(5)
Signage shall be aesthetically compatible with the character of the neighborhood.
(6)
All other criteria for conditional use permits must be met.
(7)
Outdoor storage of fertilizer is prohibited.
(8)
There shall be no use of synthetic pesticides, synthetic herbicides, or chemical fertilizers.
(9)
No aerial application of chemical products shall be allowed.
.164
Public campgrounds.
.165
Athletic fields.
.183
State education facilities.
.185
Type I solid waste handling facilities.
.186
Type II 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. 87-11, 1987; Ord. 87-12, 1987; Ord. 88-13, 1988; Ord. 88-93, 1988; Ord. 90-41, 1990; Ord. 94-002, 1994; Ord. 94-056, 1994; Ord. 95-031, 1995; Ord. 96-056 Att. A § F1, 1996; Ord. 98-018 § 1, 1998; Ord. 99-068, 1999; Ord. 99-069, 1999; Ord. 2001-012 § 1, 2001; Ord. 2004-014 § 2, 2004; Ord. 2004-026 § 1, 2004; Ord. 2005-068 § 2, 2005; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2026-002, 1/27/2026)
§ 20.34.170 Limited use near shoreline.
.171
On the shore side of West Shore Drive and Nugent Road to the McLean Avenue right-of-way, along Seacrest Drive and Island Drive south to the forestry plan designation, and along Legoe Bay Road from Village Point to the northwest corner of Peterson's Addition to Bellingham Bay Cities, uses are limited as follows:
(1)
No residential or commercial structures may be constructed on any area of a parcel where the distance between the ordinary high water mark and the county road right-of-way is less than 100 feet.
(2)
On any area of a parcel where the distance between the ordinary high water mark and the county road right-of-way is 100 feet or greater, residential uses are limited to single-family structures and any accessory uses that are clearly single-family residential in character and commercial uses are limited to home-based businesses, except along Legoe Bay Road from County Road 656 to and including Village Point where commercial and industrial uses other than home-based businesses are allowed by condition.
(Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 2025-020 § 1 (Exh. A), 2025)
§ 20.34.200 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. 99-070 § 2, 1999; Ord. 2004-014 § 2, 2004; Ord. 2016-011 § 1 (Exh. L), 2016)
§ 20.34.251 Minimum lot size and maximum density.
Maximum density shall not exceed one dwelling unit per five acres.
(Ord. 96-056 Att. A § F2, 1996; Ord. 2009-062 Exh. A, 2009)
§ 20.34.252 Maximum density and minimum lot size.
Gross Density | Minimum Lot Size Conventional Cluster | Min. Conservation Area (Cluster Subdivisions) | |
|---|---|---|---|
1 dwelling unit/5 acres | 5 acres | ** | 60% |
Notes: |
|---|
** The lot size that satisfies the Whatcom County health department requirement for water and sewage services. |
(Ord. 2009-062 Exh. A, 2009)
§ 20.34.253 Minimum lot width and depth.
District | Width at Street Line Conventional Cluster | Width at Bldg. Line | Minimum Mean Depth | |
|---|---|---|---|---|
RR-I | 300' | 70' | 80' | 100' |
The "Width at Street Line" standards do not apply to lots being modified through boundary line adjustment (BLA) subject to WCC § 21.03.060(2)(f).
(Ord. 82-58, 1982; Ord. 84-38, 1984; Ord. 86-29, 1986; Ord. 2009-062 Exh. A, 2009; Ord. 2017-030 § 1 (Exh. H), 2017)
§ 20.34.254 Lots platted prior to 1978.
Lots identified in the current Lummi Island Subarea Plan's Table 9, "Platted Lots of Record Prior to 1978 Not Subject to Lot Consolidation" shall not be subject to the lot consolidation provisions of WCC § 20.83.070.
(Ord. 86-55, 1986; Ord. 2016-011 § 1 (Exh. F), 2016)
§ 20.34.300 Lot clustering, reserve area, reserve tract and density transfer.
(Ord. 2013-028 § 2 Exh. B, 2013)
§ 20.34.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.)
(1)
The purpose of lot clustering is to preserve the rural character of Lummi Island and to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost and increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, or open space in accordance with the adopted zoning density requirements, as applied to the entire subdivision or short subdivision.
(2)
The clustering option is also intended to help preserve open space and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas.
(Ord. 90-45, 1990; Ord. 99-069, 1999; Ord. 2009-062 Exh. A, 2009; Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2013-057 § 1 (Exh. A), 2013)
§ 20.34.310 Design standards. (Adopted by reference in WCCP Chapter 2.)
The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards:
(1)
Clustered building lots may be only created through the subdivision or short subdivision process.
(2)
Building lots shall be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site.
(3)
The majority of building sites shall be arranged in a cluster or concentrated pattern to be compatible with physical site features, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.
(4)
Common access to clustered building lots shall be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract."
(Ord. 90-45, 1990; Ord. 2009-062 Exh. A, 2009; Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2013-057 § 1 (Exh. A), 2013)
§ 20.34.315 Reserve area.
(1)
An easement on the subdivision plat shall establish a reserve area per the definition in Chapter 20.97 WCC that is protected in perpetuity so long as it is not within an urban growth area. The minimum percentage of the parent parcel required to be within a reserve area is shown in WCC § 20.32.253.
(2)
A reserve area may contain infrastructure necessary for the subdivision, including but not limited to underground utilities, stormwater ponds, and on-site septic system components, and, in reserve areas designated for agriculture, structures used for on-site agricultural uses permitted in WCC § 20.34.052. Above-ground hard surface infrastructure such as roads and water tanks may be included in a reserve tract, but the area they occupy shall not be included in the reserve area percentage required in WCC § 20.34.252.
(Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2023-042 § 1 (Exh. A), 2023)
§ 20.34.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.)
For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, or open space purposes which does not exceed adopted zoning density requirements, as applied to the entire subdivision or short subdivision. 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 section, 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 such lot is included in the overall density calculation of the original parcel of record and that development within a "reserve area" easement is consistent with the uses permitted in reserve areas in this chapter.
(3)
The reserve tract is created and is unbuildable beyond any building density remaining at the time of land division. This is intended to ensure that the reserve tract open space will remain in the same location adjacent to the clustered lot it serves.
(4)
The purpose of the reserve tract as stated in subsections (1), (2), and (3) of this section shall be communicated in writing on the face of the plat or short plat; also, 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." Any remaining density beyond the number of lots created on the plat may be assigned to either the lots or the reserve tract, but future subdivision shall not reduce the size of the reserve area below the minimum percentage of the original parent parcel required in WCC § 20.34.252.
(5)
That the above stated requirements in subsections (2), (3), and (4) 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. 90-45, 1990; Ord. 98-083 Exh. A § 35, 1998; Ord. 99-069, 1999; Ord. 2009-062 Exh. A, 2009; Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2013-057 § 1 (Exh. A), 2013)
§ 20.34.330 Density transfer.
Repealed by Ord. 2009-062.
§ 20.34.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC § 20.80.200 (Setback Requirements).
§ 20.34.400 Height limitations.
(1)
The maximum height of structures shall be limited to 25 feet when any portion of the structure is within 100 feet of the marine shoreline ordinary high water mark, and 30 feet when further away. Height of structures shall also conform, where applicable, to the general requirements of WCC § 20.80.675.
(2)
All building setbacks shall be pursuant to WCC § 20.80.200, or WCC § 23.40.020 if within shoreline jurisdiction, but shall be increased by one foot for each foot of building height in excess of 25 feet.
(3)
Any structure exceeding 25 feet in height shall require a fire flow system consistent with WCC § 15.04.040, even if the structure has less than the square footage thresholds cited in International Fire Code Section B105.1.1.
(Ord. 2025-004 Exh. A)
§ 20.34.450 Lot coverage.
No structure or combination of structures, including accessory buildings, shall occupy or cover more than 2,500 square feet or 35 percent, whichever is greater of the total area.
(Ord. 88-29, 1988)
§ 20.34.650 Development criteria.
(Ord. 96-056 Att. A § A1, 1996)
§ 20.34.651 Plat language for proposed subdivisions.
When a proposed subdivision, binding site plan, short subdivision or exempt land division will be located adjacent to or across a right-of-way from an existing Forestry District, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat, tract or instrument of conveyance and shall run with the land.
(Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 92-015, 1992; Ord. 99-058, 1999)
§ 20.34.652 Use of natural resources.
All discretionary project permits for land on or within one-half mile of the area designated as agriculture, rural, commercial forestry or rural forestry or within 500 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. 87-11, 1987; Ord. 87-12, 1987; Ord. 92-015, 1992; Ord. 96-056 Att. A § A2, 1996; Ord. 98-083 Exh. A § 36, 1998; Ord. 2022-012 § 1 (Exh. A), 2022)
§ 20.34.653 Landscaping.
Refer to WCC § 20.80.300 for landscaping requirements.
(Ord. 89-117, 1989)
§ 20.34.654 Parking requirements.
Parking shall conform to the requirements of WCC § 20.80.500.
§ 20.34.655 Livestock regulations.
The keeping of livestock shall be administered pursuant to WCC § 20.80.800 (Supplementary Requirements).
§ 20.34.656 Unstable slope regulations.
Repealed by Ord. 2016-011.
(Ord. 99-069, 1999)
§ 20.34.657 Fire flow requirements.
Any development with fire flow requirements exceeding the capability of the Whatcom County Fire District #11 pumper tankers shall have adequate on-site storage to provide the required fire flow. If on-site storage is a pond, a concrete encasement with filters, screens and clean-out provisions shall be constructed.
§ 20.34.658 Ground water regulations.
(1)
Solid waste landfills are prohibited.
(2)
There shall be no underground storage of fuel or other hazardous substances where public water supplies could be endangered.
(3)
Runoff from impervious surfaces such as buildings, driveways and roads shall drain back into the ground rather than be conveyed by pipe or ditches away from the island.
(4)
Width of access streets in residential developments shall be held to the minimum allowed under the Whatcom County Development Standards.
(5)
Naturally occurring ponds and swamps shall not be drained.
(Ord. 85-100, 1985; Ord. 96-056 Att. A § F3, 1996; Ord. 99-069, 1999)
§ 20.34.659 Drainage.
All development activities are subject to the stormwater management provisions of WCC § 20.80.630 through § 20.80.635. No project permit shall be issued prior to meeting those requirements.
(Ord. 94-022, 1994; Ord. 96-056 Att. A § A2, 1996; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2017-045 § 1 (Exh. A), 2017; Ord. 2019-013 § 1 (Exh. A), 2019)
