Whatcom County Unincorporated
City Zoning Code

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.

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.

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.

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.

Move toward the attainment of the goals and the implementation of the policies of the comprehensive land use plan.

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.

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.

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.

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.

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

The project will promote creativity or affordability in residential, commercial and industrial development.

Uses allowed in a planned unit development shall include those permitted, accessory, and conditional uses allowed in the underlying zone district(s), as well as such other uses as provided in WCC § 20.85.052 through § 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.

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

Even though they may not be allowed in the underlying zone(s), a planned unit development may also authorize the following additional land uses, provided the criteria of WCC § 20.85.054 are met:

In order for those additional uses listed in WCC § 20.85.053 to be authorized, the applicant must demonstrate:

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.

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.

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

The International Building and Fire Codes;

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

Other applicable official controls.

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.

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.

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.

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:

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.

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

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

The location of the buffer.

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.

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.

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.

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

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. 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:

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.

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.

In a Resort Commercial zoning district located within the Birch Bay UGA, the County may approve an increase of dwelling unit density for single-family dwellings of not more than 100 percent greater than that permitted by the underlying zone, rounded to the nearest whole number, if the following criteria are met:

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.

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:

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.

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.

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.

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

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.

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.

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.

Loading areas for nonresidential uses shall, where possible, be oriented away from residential areas.

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

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.

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

Drainage plans and improvements shall be in compliance with Whatcom County drainage standards.

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.

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

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

Procedure Exclusive. No partial final approval of any total development project shall be granted except as provided in this section.

Plan Contents. The concept plan should contain the elements required in the department's administrative manual.

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.

Conservation of natural elements and features;

Harmony of selected uses to each other;

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;

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;

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

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

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;

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

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

Promotion of creativity and affordability in residential, commercial and industrial development.

Once the planned unit development receives initial approval pursuant to Chapter 22.05 WCC, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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

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:

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.

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

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.

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:

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.

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.

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.

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;

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;

Security. The director may require the applicant to furnish a security consistent with WCC § 22.05.134 (Security mechanisms);

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;

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.