Whatcom County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 20
64 RESORT COMMERCIAL RC DISTRICT
§ 20.64.010 Purpose.
The purpose of the Resort Commercial District is to provide land areas which, through their natural location and setting and manmade attributes, attract resort activities. The district shall be located and implemented consistent with the goals, objectives and policies of the Comprehensive Plan. The district should be located in such areas where adequate public services such as roads, sewer, water and drainage are available, and be of such size that a viable resort can be established and maintained. The district should provide for uses normally found in resort areas and encourage the type of development which occurs in a cohesive fashion and which promotes open space and other amenities considered significant for viable resort areas. This district may be located in an urban growth area, a rural community, or rural business area, as designated in the Comprehensive Plan. New development or redevelopment in an RC District located in a rural community designation is limited to that which is consistent with the character of the area on July 1, 1990, in terms of building size, scale, use, or intensity. New development in a rural business designation is limited to isolated small-scale businesses.
(Ord. 98-083 Exh. A § 52, 1998; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2011-043 Exh. A, 2011; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.050 Permitted uses.
The following permitted uses shall be allowed subject to an evaluation by the zoning administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC § 20.80.100(1). In a rural business designation all uses are permitted. Residential type uses listed below are permitted in rural community and rural business designations.
.051
Retail and office type uses.
(1)
Retail shops and resort related uses with or without drive through service no greater than 5,000 square feet in area per shop, except as provided by WCC § 20.64.151(2).
(2)
Barber and beauty shops.
(3)
Laundromats.
(4)
Banks no greater than 2,500 square feet in area.
(5)
Professional offices.
(6)
Public markets, subject to the following, only:
(a)
The applicant submits a plan which includes name, address, and phone number of the contact person; hours of operation; site layout indicating location of vendor stalls and plans for the stalls including provision for temporary tiedowns, trash disposal, and restroom facilities.
(b)
The use is seasonal, restricted to a maximum of 150 consecutive days per calendar year.
(c)
Permanent or portable restroom facilities are made available.
(d)
Provision is made for one parking space per 100 square feet of merchandise display area, sized in accordance with WCC § 20.80.500.
(e)
Perimeter stalls are oriented away from adjacent properties, with any outdoor equipment, trash receptacle or portable toilets screened from adjacent uses as per WCC § 20.80.355.
(f)
Hours are limited to 9:00 a.m. to 9:00 p.m.
(g)
Accessible parking and restroom requirements of Chapter 51-30 WAC are complied with.
(h)
Buffering or screening is provided from residences when a parcel adjoins an Urban Residential, Urban Residential Medium Density, Rural, or Rural Residential District.
(i)
Signage is consistent with WCC § 20.80.440, except that, in addition, one placard not to exceed two feet by two feet shall be allowed for each individual stall.
(j)
The use complies with the performance standards of WCC § 20.64.700.
(k)
No overnight camping or vehicle parking is allowed on site.
(l)
Restrooms are adequately set back and buffered from adjacent properties.
.053
Restaurant/lodging type uses.
(1)
Restaurants or coffee shops with or without drive through service; provided, that a minimum of 50 percent of the seating is inside and any outdoor seating is screened from adjacent properties and streets, except as provided by WCC § 20.64.151(2).
(2)
Taverns; provided further, that up to 50 percent of seating may be in an outdoor area screened from adjacent properties and streets.
(3)
Hotels or motels and time share condominiums accommodating 16 or less sleeping units.
.054
Residential type uses.
(1)
One single-family dwelling per lot of record.
(2)
One duplex per lot of record.
(3)
Rooming houses accommodating eight or less nonfamily members.
(4)
Multifamily dwellings containing eight or less sleeping units. In the Birch Bay UGA, public water and sewer must serve the dwellings.
(5)
One private, noncommercial, recreational vehicle and one accessory guest RV per lot; provided, that the following minimum requirements and standards are met and/or followed:
(a)
All recreational vehicles that remain on the site for more than 14 consecutive days shall be connected to a permitted on-site sewage system or public sewer.
(b)
Maximum length of stay of a recreational vehicle on a lot located outside of a recreational vehicle park shall not exceed 120 days per calendar year; provided, that no accessory guest recreational vehicle shall stay on the lot for more than 14 consecutive days nor more than 30 days total per calendar year.
(c)
All recreational vehicles shall be screened from neighboring properties not using RVs and from public roads. Such screening may consist of landscaped buffer areas, suitable native vegetation or a fence.
(d)
Outside of an approved recreational vehicle park, lots shall not be leased or rented out on a daily or overnight basis for recreational use.
(e)
The locations of parked RVs on vacant lots shall observe normal building setback standards for a single-family residence.
(f)
All recreational vehicles shall be supported by their own wheels or camper jacks, and not be fastened to accessory structures. Placement of a recreational vehicle on a foundation or removal of the wheels of a recreational vehicle, except for temporary purposes for repair, is prohibited.
(6)
Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.
(7)
Accessory dwelling units within Urban Growth Areas, when consistent with WCC § 20.80.910.
(8)
Co-living housing containing eight or less units. In the Birch Bay UGA and public water and sewer must serve the dwellings.
.055
Public and community type uses.
(1)
Public parks and recreation facilities included in an adopted city or county Comprehensive Plan or Park Plan.
(2)
Parking lots or garages.
(3)
Day care centers.
(4)
Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.
(5)
Adult family homes as defined in Chapter 70.128 RCW.
(6)
Mental health facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.
(7)
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. 95-028, 1995; Ord. 96-002, 1996; Ord. 96-056 Att. A § O1, 1996; Ord. 97-035 Att. A; Ord. 99-062, 1999; Ord. 99-068, 1999; Ord. 2000-040 § 1, 2000; Ord. 2001-024 § 1, 2001; Ord. 2004-014 § 2, 2004; Ord. 2004-026 § 1, 2004; Ord. 2005-079 § 1, 2005; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2011-009 Exh. A, 2011; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2023-036 § 5 (Exh. E); Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2025-060, 12/9/2025)
§ 20.64.100 Accessory uses.
.101
Docks.
.102
Resort administrative offices.
.103
Uses incidental to the primary permitted uses.
.104
Type I home-based businesses pursuant to WCC § 20.80.970.
.105
Any retail or personal service establishment, including self-service laundry, may be located within a building occupied by a hotel or motel; provided, that such use shall have no separate outside entrance and no sign visible from outside the building; and provided further, that the total floor space devoted to such uses shall not exceed 15 percent of the floor space of the building in which they are located; and provided further, that such use is not specifically prohibited in WCC § 20.64.200.
.106
Assembly or crafting of items of a type related directly to the character of a permitted use and sold at retail on the premises; provided, that no piece of machinery used in such work exceeds three horsepower.
.107
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 the building permit is valid, not to exceed two years.
.108
One residential unit for owner-manager or caretaker when part of a building in which the primary use is located.
.109
On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.
.110
Bed and breakfast establishments and bed and breakfast inns.
.111
Other accessory uses and buildings, including dedicated employee housing, customarily appurtenant to a principally permitted use.
.112
Electric vehicle rapid charging stations and battery exchange facilities, accessory to conditionally approved service stations.
.113
Vacation rental units.
.120
Family day care homes and mini-day care homes; mini-day care homes shall conform to the requirements of Chapter 110-300 WAC.
.121
One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting.
(Ord. 88-29, 1988; Ord. 89-10, 1989; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2012-001 § 1 (Exh. A), 2012; Ord. 2012-032 § 2 Exh. B, 2012; 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)
§ 20.64.130 Administrative approval uses.
In a rural community designation, uses listed in this section may be administratively permitted pursuant to WCC § 22.05.028 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC § 20.80.100(1). In a rural business designation, all uses listed in this section may be administratively permitted.
The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC § 20.64.050 or this section that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district.
.132
Accessory dwelling units outside Urban Growth Areas, when consistent with WCC § 20.80.910.
.133
Type II home-based businesses pursuant to WCC § 20.80.970.
(Ord. 87-11, 1987; Ord. 87-12, 1987; Ord. 95-031, 1995; Ord. 98-018 § 1, 1998; Ord. 2006-061 § 1 (Att. A)(7), 2006; Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2016-043 § 1 Exh. A, 2016; Ord. 2021-059 § 3 (Exh. C); Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2025-020 § 1 (Exh. A), 2025; Ord. 2025-060, 12/9/2025)
§ 20.64.150 Conditional uses.
Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Official Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. In a rural community designation, uses listed below may be conditionally permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC § 20.80.100(1). In a rural business designation all uses listed below may be conditionally permitted.
.151
Retail and office type uses.
(1)
Service stations and automobile repair garages; provided, that:
(a)
All storage tanks shall either be above ground and completely screened from neighboring uses; or
(b)
Shall have a full separate containment structure and shall have monitoring devices that will indicate any leakage; or
(c)
Shall have an independent engineer's certification that the installation meets all requirements of the federal regulations contained in 40 CFR Part 280 in effect at the time of application;
(d)
In addition to either (b) or (c) of the above requirements, all underground storage tanks shall meet the financial responsibility and reporting requirements of 40 CFR Part 2 in effect at the time of application.
(2)
Retail shops, resort related uses and restaurants or coffee shops on Birch Bay Drive with drive through services, with a 5,000-square-foot maximum per shop.
.152
Restaurant/lodging type uses.
(1)
Hotels and motels totalling more than 16 sleeping units.
(2)
Time share condominiums totalling more than 16 sleeping units.
(3)
Campgrounds and recreational vehicle parks. See WCC § 20.80.950 for mobile home and recreational vehicle park standards.
.153
Residential type uses.
(1)
Multifamily dwellings including residential condominiums totalling more than eight sleeping units. In the Birch Bay UGA, public water and sewer must serve the dwellings.
(2)
Mobile home parks. See WCC § 20.80.950 for mobile home and recreational vehicle park standards.
(3)
Rooming, boarding, and co-living housing totalling more than six sleeping units.
.154
Recreational type uses.
(1)
Marinas, public or commercial launching ramps, and docks.
(2)
Commercial amusement and recreation establishments and clubs.
(3)
Golf courses.
(4)
Athletic fields.
(5)
Public or private parks not included in an adopted city or county Comprehensive Plan or Park Plan.
(6)
Trailheads with parking areas for more than 30 vehicles.
.155
Public and community type uses.
(1)
Public and community facilities including police and fire stations, libraries, activity centers, community centers, recreation facilities and other similar noncommercial uses, excluding correction facilities.
(2)
Public schools and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction.
(3)
Churches, educational and religious training institutions, summer camps, and cemeteries.
(4)
Retirement and convalescent homes; social and health rehabilitation centers; and adult care centers in a building not used as a residence; and other health-related services consistent with the purpose of the district.
(5)
State education facilities.
(6)
Type I solid waste handling facilities.
(7)
Boarding homes that are larger than other residential structures permitted in the zoning district.
(8)
Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.
(9)
Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.
.156
Other uses.
(1)
Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC.
(2)
Any use which seeks a comparative value exchange for the open space requirement outlined in WCC § 20.64.502 and § 20.64.503.
(Ord. 88-13, 1988; Ord. 90-41, 1990; Ord. 94-002, 1994; Ord. 95-031, 1995; Ord. 98-018 § 1, 1998; Ord. 99-043 § 1, 1999; Ord. 2001-024 § 1, 2001; Ord. 2004-014 § 2, 2004; Ord. 2004-026 § 1, 2004; Ord. 2005-068 § 2, 2005; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2011-009 Exh. A, 2011; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2017-030 § 1 (Exh. J), 2017; Ord. 2023-036 § 5 (Exh. E); Ord. 2025-060, 12/9/2025)
§ 20.64.200 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.
.207
Aerial application of chemicals, including but not limited to pesticides and insecticides, previously regulated by the DNR as Class I, II, III or IV-Special forest practices, when located within an urban growth area.
.208
Slash burning, when located within an urban growth area.
.210
Secure community transition facilities for sex offenders.
(Ord. 99-070 § 2, 1999; Ord. 2004-014 § 2, 2004; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2016-011 § 1 (Exh. L), 2016; Ord. 2022-035 Exh. A, 2022)
§ 20.64.250 Minimum lot size.
Minimum lot size varies according to the availability of public water and/or public sewer. Where public water service is not provided, the minimum parcel size shall be five acres. Where public water service is provided but public sewer is not provided, the minimum parcel size shall be 18,000 square feet when the conventional method is utilized and 15,000 square feet when the cluster method is utilized but may be greater if the Whatcom County health department finds that conditions require the larger size. The following lot sizes apply only where both public sewer and public water serve the project:
.251
Single-family dwellings shall have a minimum lot size of 3,000 square feet and duplexes shall have a minimum lot size of 6,000 square feet.
.252
Multifamily dwellings including all condominiums except time share condominiums shall have a minimum lot size of 8,000 square feet and shall have a site of at least 2,000 square feet for each dwelling unit.
.253
Mobile home and recreational vehicle parks shall have a minimum size of at least 3,000 square feet for each space.
.254
Hotels and motels and time share condominiums shall have a minimum lot size of 8,000 square feet and shall have a site of at least 1,600 square feet for each sleeping unit.
.255
Nonhabitation commercial uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of this district.
(Ord. 88-93, 1988; Ord. 2001-024 § 1, 2001; Ord. 2005-037 § 1 Exh. A, 2005; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2023-036 § 5 (Exh. E))
§ 20.64.256 Minimum lot frontage. [1]
For the purpose of dividing property, minimum lot frontage shall be sufficient to provide adequate access and utility development, and meet applicable building setback, buffer, open space and development standards of the district. In no case shall the frontage be less than 30 feet.
(Ord. 99-045 § 1, 1999; Ord. 2012-032 § 2 Exh. B, 2012)
[1]
Code reviser's note: Ord. 99-045 added this section as 20.64.255. It has been editorially renumbered to avoid duplication.
§ 20.64.260 Density requirements.
Maximum gross density varies according to the availability of public water and/or public sewer. Where public water service is not provided, the maximum density for dwelling units shall be one dwelling/five acres. Where public water service is provided but public sewer is not provided, the maximum density for dwelling units shall be two per acre. The following densities apply only where both public sewer and public water serve the project:
(1) Single-family dwellings and duplexes shall not exceed a maximum gross density of seven units per acre. Single-family dwellings and duplexes shall have a minimum net density of seven units per acre in the Birch Bay UGA. |
(2) Multifamily dwellings including all condominiums except time share condominiums shall not exceed a maximum gross density of 22 units per acre. Multifamily dwellings including all condominiums (except time share condominiums) that are not in a mixed use development shall have a minimum net density of 10 dwellings per acre in the Birch Bay UGA. |
.261
Mobile home parks shall be administered pursuant to WCC § 20.80.950.
.262
Recreational vehicle parks shall be administered pursuant to WCC § 20.80.955.
.263
Hotels and motels are not allowed without public water. Where public water service is provided it shall not exceed a floor area ratio (FAR) of 0.60.
.264
Nonhabitation commercial uses shall not exceed a floor area ratio (FAR) of 0.70.
(Ord. 88-93, 1988; Ord. 2001-024 § 1, 2001; Ord. 2005-037 § 1 Exh. A, 2005; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2017-062 § 1 Exh. A; Ord. 2023-036 § 5 (Exh. E); Ord. 2026-001, 1/13/2026)
§ 20.64.270 Density, lot size and lot configuration by method of subdivision.
(Ord. 2005-037 § 1 Exh. A, 2005; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2023-036 § 5 (Exh. E))
§ 20.64.271 Density requirements and minimum lot size.
District | Density Requirements | Minimum Lot Size | Min. Reserve Area (Cluster Subdivisions) | |
|---|---|---|---|---|
Conventional | Cluster | |||
RC: without public water | Maximum gross density: 1 dwelling unit/5 acres | 5 acres | Not applicable | Not applicable |
RC: with public water but without public sewer | Maximum gross density: 2 dwelling units/1 acre | 18,000 sq. ft. | 15,000 sq. ft. | 10% |
RC: with both public sewer and water and stormwater management facilities | Maximum gross density: 7 to 22 dwelling units/acre Minimum net density: 7 to 10 dwelling units/acre (WCC § 20.64.260) | 3,000 to 8,000 sq. ft. (WCC § 20.64.250) | Not applicable | Not applicable |
(Ord. 88-93, 1988; Ord. 98-083 Exh. A § 53, 1998; Ord. 2005-037 § 1 Exh. A, 2005; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2023-036 § 5 (Exh. E))
§ 20.64.300 Lot clustering, and reserve tract.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.305 Lot clustering.
(1)
The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development.
(2)
The clustering option is also intended to help preserve open space and the character of areas and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas.
(Ord. 90-45, 1990; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards:
(1)
Clustered building lots shall be created only through the subdivision or short subdivision process.
(2)
Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site.
(3)
Where practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.
(4)
Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development.
(Ord. 90-45, 1990; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.320 Reserve tract.
For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions:
(1)
After a site is initially subdivided pursuant to this chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
(2)
The "reserve tract" may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record. If the "reserve tract" is not included in the overall density calculation, it can only be developed with an open space use allowed by WCC § 20.22.053.
(3)
The "reserve tract" may be further subdivided only through the long subdivision process and only under the following circumstances:
(a)
The county finds that in developing adjacent tracts it would help to further the objectives listed in WCC § 20.64.305(2) by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract.
(b)
When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific project) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract.
(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. 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."
(5)
At the time of filing of any final plat or short plat containing a "reserve tract," the subdivider shall execute a covenant limiting the use of said "reserve tract" consistent with the requirement of subsections (2) through (4) of this section. This covenant shall be enforceable by Whatcom County and be recorded at the time of final plat approval as a covenant running with the land; provided, that it may be later 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. 88-93, 1988; Ord. 90-45, 1990; Ord. 98-083 Exh. A § 54, 1998; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.330 Maximum building size.
(1)
In a Rural Community designation, the maximum allowable floor area for a building shall not exceed the floor area of the largest building of the same type and use that existed in that same rural community designation on July 1, 1990, per WCC § 20.80.100(1) (LAMIRD Requirements) except as provided in WCC § 20.80.100(2).
(2)
In a Rural Business designation, the maximum allowable floor area for a new use is 7,000 square feet per building except as provided in WCC § 20.80.100(3) and (4).
(Ord. 2020-045 § 1 Exh. A, 2020)
§ 20.64.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC § 20.80.200 (Setback requirements), except as provided in WCC § 20.64.550 (Buffer area) and 20.80.253(4).
(Ord. 96-056 Att. A § O2, 1996; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2020-045 § 1 Exh. A, 2020)
§ 20.64.400 Height limitations.
.401
Building height shall not exceed 35 feet.
.402
Under a conditional use permit, building height may reach 75 feet.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.450 Lot coverage.
The lot coverage for any single-, two-, or multi-family residential use shall not exceed 35 percent of the parcel.
(Ord. 2001-024 § 1, 2001; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2020-045 § 1 Exh. A, 2020)
§ 20.64.500 Open space.
.501
For uses other than single-family dwellings or duplexes, a minimum of 40 percent of the site shall be reserved as open space, unless otherwise provided in WCC § 20.64.502.
.502
The 40 percent requirement in WCC § 20.64.501 may be reduced to as little as 10 percent when the applicant agrees to and performs a comparative value exchange in open space or recreational amenities and when the exchange fosters the open space and recreation goals of the Whatcom County Comprehensive Plan, relative subarea plans, the Natural Heritage Plan and other related county plans. The exchange can be achieved in two ways:
(1)
An exchange of land through acquisition or dedication of a public access easement; provided, the exchange results in land or amenities that equal or exceed the recreational and/or open space value of the replaced on-site open space. The following criteria shall be considered in assessing recreation and open space value:
(a)
Utility of land for recreation/open space purposes;
(b)
Unique or culturally significant natural habitat;
(c)
Wildlife habitat;
(d)
Views;
(e)
Shoreline access;
(f)
Integration with existing recreation/open space areas;
(g)
High value natural resource areas using the criteria established in the Whatcom County critical areas regulations (Chapter 16.16 WCC).
(2)
Provision of recreational amenities; provided, the exchange results in land or amenities that equal or exceed the recreational and/or open space value of the replaced on-site open space. Acceptable amenities may include, but not be limited to:
(a)
Public access to shorelines;
(b)
Pedestrian or bicycle paths;
(c)
Bicycle lanes;
(d)
Enhancement of existing park facilities;
(e)
Trails.
.503
Criteria for approval of a comparative value exchange.
(1)
The exchange will meet applicable conditional use criteria in WCC § 22.05.026.
(2)
The exchange will provide open space or recreational amenities within the same subarea in which the proposed project lies.
(3)
In addition to meeting the goals and recreation values set forth in WCC § 20.64.502, the economic value of exchanged property or the cost of constructed amenities must exceed 50 percent of the value of the land being exchanged to meet the 40 percent requirement of WCC § 20.64.501.
(4)
When an amenity is proposed on site in exchange for a reduction in open space, the value considered must be above and beyond the minimum requirements contained in subsection (3) of this section.
(5)
The applicant has demonstrated that a neighborhood meeting has been held or other method used to inform affected neighbors prior to the formal notification process.
(6)
There shall be a mechanism in place to ensure that a permanent exchange takes place, including such items as maintenance agreements, dedications, easements, conservation easements, or other appropriate tools acceptable to both the applicant and the county which shall be filed with the county auditor's office.
(7)
In addition to information provided by the applicant, staff and the public, the hearing examiner may also consider a recommendation from the Whatcom County parks commission, when appropriate, or regionally specific recreational organizations when arriving at a design regarding comparative value.
(Ord. 99-043 § 1, 1999; Ord. 2001-024 § 1, 2001; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.551
Except for single-family residences, when a parcel situated within this district adjoins an Urban Residential, Urban Residential Medium Density, Residential Rural or Rural District, side and rear yard setbacks shall be increased to 25 feet along the property line(s) adjacent to the named district. Said area shall be landscaped consistent with the requirements of WCC § 20.80.345.
(Ord. 89-117, 1989; Ord. 96-056 Att. A § O2, 1996; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2013-057 § 1 (Exh. A), 2013)
§ 20.64.600 Sign regulations.
Sign regulations shall be administered pursuant to WCC § 20.80.400 except that no off-premises advertising signs are allowed other than those specified in WCC § 20.80.470.
(Ord. 90-66 § 1, 1990; Ord. 90-85, 1990; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.650 Development criteria.
The requirements of WCC § 20.64.651, § 20.64.652, § 20.64.653 and § 20.64.654 do not apply to single-family or duplex residences.
(Ord. 96-056 Att. A § A1, 1996; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.651 Facility design.
Individual developments within a Resort Commercial Zone District should be encouraged to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof-mounted mechanical equipment so as not to be visible by surrounding uses or roads.
Design of a proposed use in the Resort Commercial Zone District outside of urban growth areas shall be consistent with the Comprehensive Plan rural land use chapter.
(Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.652 Landscaping.
Refer to WCC § 20.80.300 for landscaping requirements.
(Ord. 89-117, 1989; Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.653 Off-street parking and loading.
(1)
For interior lots, no vehicular parking or driveways shall be allowed between a commercial use and public right-of-way; and for corner lots, no parking or driveway shall be allowed between a commercial use and the right-of-way the use fronts.
(2)
A bicycle parking area at a rate of one space per 1,000 square feet of floor area or a minimum of one space, whichever is greater, shall be provided for each use. Each bicycle parking space shall consist of a rack or other structure designed for the lock-up of a bicycle.
(3)
If two or more developments adjoin each other or otherwise are designed and developed in a coordinated fashion as determined by the zoning administrator in order to utilize shared parking facilities, the total number of required parking spaces for all the uses involved shall be reduced by 30 percent or no less than five spaces per retail establishment, whichever is greater.
(4)
Except as provided in this section, off-street parking and loading shall be administered pursuant to WCC § 20.80.500.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.654 Sidewalks.
Sidewalks shall be installed pursuant to the requirements of the county engineer.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.655 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. 2012-032 § 2 Exh. B, 2012; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2017-045 § 1 (Exh. A), 2017; Ord. 2019-013 § 1 (Exh. A), 2019)
§ 20.64.656 Driveways.
Consistent with WCC § 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of Transportation, as applicable.
(Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2013-057 § 1 (Exh. A), 2013)
§ 20.64.657 Access.
Access shall conform to the provisions of WCC § 20.80.565.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.658 Lighting.
Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.659 Binding site plan.
Should the use be developed as part of a binding site plan, it shall be administered pursuant to WCC Title 21 (Land Division Regulations) and additional requirements, as applicable.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.660 Site design.
Any two adjacent buildings on the same site shall be separated from each other by a distance not less than one-half the height of the taller building. Building configuration may be staggered as well as angled to follow contours and street alignment. This spacing requirement does not preclude the possibility of ground level connection between neighboring structures.
(Ord. 2012-032 § 2 Exh. B, 2012)
§ 20.64.700 Performance standards.
The following provisions shall apply to all uses within this district:
.701
There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations.
.702
There shall be no production of noise at any property line of any use in this district in excess of the average intensity of street and traffic noise found in the district.
.703
There shall be no emission of dust, dirt, odors, smoke or toxic gases and fumes.
.704
There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated.
.705
There shall be no storage outdoors.
.706
There shall be no off-site release to soil or surface drainage ways of water-borne or liquid pollutants.
.707
Applicable health department permits must be secured before permit is issued.
(Ord. 82-58, 1982; Ord. 87-65, 1987; Ord. 95-028, 1995; Ord. 96-002, 1996; Ord. 97-035 Att. A; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2020-045 § 1 Exh. A, 2020)
