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Chapter 20.34
RURAL RESIDENTIAL-ISLAND (RR-I) DISTRICTSections:
20.34.010 Purpose.
20.34.050 Permitted uses.
20.34.100 Accessory uses.
20.34.130 Administrative approval uses.
20.34.150 Conditional uses.
20.34.170 Limited use near shoreline.
20.34.200 Prohibited uses.
20.34.250 Maximum density, minimum lot size and width.
20.34.251 Minimum lot size and maximum density.
20.34.252 Maximum density and minimum lot size.
20.34.253 Minimum lot width and depth.
20.34.254 Lots platted prior to 1978.
20.34.300 Lot clustering, reserve tract and density transfer.
20.34.305 Lot clustering.
20.34.310 Design standards.
20.34.320 Reserve tract.
20.34.330 Density transfer.
20.34.350 Building setbacks.
20.34.400 Height limitations.
20.34.450 Lot coverage.
20.34.650 Development criteria.
20.34.651 Plat language for proposed subdivisions.
20.34.652 Use of natural resources.
20.34.653 Landscaping.
20.34.654 Parking requirements.
20.34.655 Livestock regulations.
20.34.656 Unstable slope regulations.
20.34.657 Fire flow requirements.
20.34.658 Ground water regulations.
20.34.659 Drainage.
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. 2003-029 § 1 (Att. A § 5), 2003; Ord. 99-069, 1999; Ord. 98-083 Exh. A § 34, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987).
20.34.050 Permitted uses.
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals), 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 WCC 20.97.180 for home occupations.
.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.
.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. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 87-12, 1987; Ord. 87-11, 1987).
20.34.100 Accessory uses.
.101 Home occupations pursuant to WCC 20.97.180.
.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. (Ord. 87-23, 1987).
20.34.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.
.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 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 apartments or detached accessory dwelling units to single-family dwellings; provided, that all of the following requirements are met:
(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory apartment or detached accessory dwelling unit per lot;
(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that lot;
(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and stormwater runoff for the additional dwelling unit must be obtained prior to application for a building permit;
(4) There shall be only one front entrance to the house visible from the front yard and street for accessory apartments and only one additional entrance visible from the front yard for detached accessory dwelling units;
(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing residence;
(6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square feet in floor area;
(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners. Accessory apartments and detached accessory dwelling units shall be prohibited on:
(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process;
(b) All lots within short plats which received approval after January 25, 1994, unless those lots have been specifically marked for such use through the short plat process;
(c) All reserve tracts within long plats and short plats created by the cluster subdivision method;
(8) A common driveway serving both the existing unit and any accessory unit shall be used to the greatest extent possible;
(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance, stating:
(a) Detached accessory dwelling units and associated land cannot be financed or sold separately from the original dwelling, except in the event the zoning permits such a land division; and
(b) One of the dwellings must be the primary domicile of the owner;
(10) Outside of an urban growth area, the minimum lot size for detached accessory units shall be five acres unless the parcel is large enough to accommodate two dwelling units consistent with the underlying zoning density;
(11) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed on Lummi Island, only under the following circumstances:
(a) Development of the parcel with the primary residence and accessory apartment or detached accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent properties in the same ownership may be bound by covenant to comply with the underlying zoning density; and
(b) All of the above approval requirements shall be met for so long as the accessory unit remains;
(12) Detached accessory dwelling units shall be located so as to minimize visual impact to the public right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is preferred. Location closer to property lines than to the primary residence may be considered by the administrator when such location serves the goal of reducing overall visual impact to public right-of-way and adjacent properties, and such location still meets the setback requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide fencing and/or planting to screen the unit from public right-of-way and adjacent properties;
(13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with Washington Administrative Code (WAC).
.133 Mini-day care centers in a family dwelling.
.134 Cottage industries employing no more than two people on-site, other than family members residing on the premises; provided, that in addition to the criteria found in WCC 20.84.220 and 20.97.087:
(1) The zoning administrator, at his or her discretion, may place limitations on the square footage in an existing or new structure used for a cottage industry and construction of new buildings to house said activity shall not, in any case, exceed 1,250 square feet of total floor area. The total land area used for buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller parcel may be approved by the hearing examiner by conditional use.
(3) In the event materials will be stored outdoors, the zoning administrator shall require adequate landscaping, screening, or other devices in order that the material will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed eight square feet in size, mounted on the property, is permitted. A larger sign up to 32 square feet may be approved by the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted as employees if they are engaged in work directly related to agriculture or forestry. (Ord. 2006-061 § 1 (Att. A)(7), 2006; Ord. 2005-079 § 1, 2005; Ord. 2001-012 § 1, 2001; Ord. 99-068, 1999; Ord. 98-018 § 1, 1998; Ord. 95-031, 1995; Ord. 91-009, 1991; Ord. 87-12, 1987; Ord. 87-11, 1987).
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.
.157 Light industrial uses associated with fishing, forestry and agriculture, including manufacturing, processing, repair and storage and distribution of goods.
.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 lodgings.
.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.
.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. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-012 § 1, 2001; Ord. 99-069, 1999; Ord. 99-068, 1999; Ord. 98-018 § 1, 1998; Ord. 96-056 Att. A § F1, 1996; Ord. 95-031, 1995; Ord. 94-056, 1994; Ord. 94-002, 1994; Ord. 90-41, 1990; Ord. 88-93, 1988; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).
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 occupations, except along Legoe Bay Road from County Road 656 to and including Village Point where commercial and industrial uses other than home occupations are allowed by condition. (Ord. 87-12, 1987; Ord. 87-11, 1987).
20.34.200 Prohibited uses.
.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. 2004-014 § 2, 2004; Ord. 99-070 § 2, 1999).
20.34.250 Maximum density, minimum lot size and width.
20.34.251 Minimum lot size and maximum density.
For the purpose of creating new building lots within the Rural Residential-Island District, several land use densities are herein provided. Permitted densities vary according to location. The minimum lot size requirements for new construction vary according to the method of subdivision design. Minimum lot sizes shall be consistent withe the provision of WCC 20.34.252. Densities shall be computed as follows:
(1) Ground Water Recharge Areas. Within ground water recharge areas specified on the Lummi Island Comprehensive Plan Map, density shall not exceed one dwelling unit per five acres.
(2) Outside Ground Water Recharge Areas. Outside ground water recharge areas density shall not exceed one dwelling unit per three acres.
(3) Mixed Properties. Where a parcel is situated partially within and partially outside of a ground water recharge area (GRA), density or building sites may be transferred from the portion of the parcel within the GRA to the portion outside thereof. For the purpose of computing the maximum number of building sites in the density transfer provision, contiguous and noncontiguous parcels in one ownership may be treated as one parcel.
The maximum density for the entire parcel shall not exceed one dwelling unit per three acres. When building sites are transferred from within the GRA to a portion of the parcel outside the GRA, the density outside the GRA may be increased to one dwelling unit per 1.5 acres; however, the density for the portion of the parcel within the GRA shall not exceed one dwelling unit per five acres. Because of these density provisions for the portions of the parcel inside and outside the GRA, an overall density of one dwelling unit per three acres may not be attainable in certain cases.
For example, a 40-acre parcel with 31 acres within ground water recharge areas and nine acres outside ground water recharge areas has a maximum density without using density transfer of six dwelling units on the portion within the ground water recharge areas and three dwelling units on the portion outside the ground water recharge areas. If the density transfer option is used, the overall maximum density increases to one dwelling unit per three acres or a total of 13 dwelling units. However, the additional four units may be transferred to the portion outside the ground water recharge areas only up to the maximum density or one dwelling unit per 1.5 acres. In this case, six dwelling units still would be inside ground water recharge areas, and on the remaining nine acres the maximum number of units would be six. Thus, the total allowed building sites would be 12 instead of 13. (Ord. 96-056 Att. A § F2, 1996).
20.34.252 Maximum density and minimum lot size.
District
Gross Density
Minimum Lot Size
Conventional Cluster
Min. Reserve Area (Cluster Subdivisions)
RR-I: outside recharge areas
1 dwelling unit/3 acres*
3 acres
**
30%
RR-I: within recharge areas
1 dwelling unit/5 acres*
5 acres
**
55%
* Except when density transfer is used as provided in WCC 20.34.251(3).
** The lot size that satisfies the Bellingham-Whatcom County health department requirement for water and sewage services.
20.34.253 Minimum lot width and depth.
Width at Street Line
Conventional Cluster
Width at Bldg. Line
Minimum Mean Depth
District
RR-I: outside recharge areas sewer or water
200'
70'
80'
100'
RR-I: within recharge areas
300'
70'
80'
100'
(Ord. 86-29, 1986; Ord. 84-38, 1984; Ord. 82-58, 1982).
20.34.254 Lots platted prior to 1978.
Platted Lots of Record created prior to 1978 and identified in Table 2, page 7, of the Lummi Island Comprehensive Plan shall be considered as separate lots for building purposes regardless of ownership, unless bound to adjoining lot(s) by covenant, and shall not be subject to the lot consolidation provisions of WCC 20.83.070. (Ord. 86-55, 1986).
20.34.300 Lot clustering, reserve tract and density transfer.
20.34.305 Lot clustering.
(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, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development 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. 99-069, 1999; Ord. 90-45, 1990).
20.34.310 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 may be only created 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).
20.34.320 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 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.
(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 20.34.305(2) above 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 subarea 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 area) 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 WCC 20.34.320(1), (2), and (3) 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.”
(5) That the above stated requirements WCC 20.34.320(2), (3), and (4) 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. 99-069, 1999; Ord. 98-083 Exh. A § 35, 1998; Ord. 90-45, 1990).
20.34.330 Density transfer.
The purpose of density transfer is to provide an opportunity to create economical building lots while recognizing the appropriate land use for ground water recharge areas. The creation of new building lots shall be governed by the standards in WCC 20.34.310 and the following provisions:
(1) Maximum gross density shall not exceed one unit per three acres; provided however, that density within ground water recharge areas shall not exceed one unit per five acres and outside ground water recharge areas may increase to one dwelling unit per 1.5 acres as provided in WCC 20.34.251(3) (Density Transfers).
(2) This density transfer provision shall not apply to the area specified in WCC 20.34.170.
(3) Density transfers shall only apply to parcels within the same ownership.
(4) Deed restrictions shall be attached to the original parcel of record indicating the total number of building sites (if any) resulting from full or partial use of the maximum density.
(5) Deed restrictions shall be binding on the property until such time that the zone district density provisions are amended to allow additional building sites.
20.34.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements).
20.34.400 Height limitations.
Maximum height of structures shall be limited to 24 feet. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675.
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. 99-058, 1999; Ord. 92-015, 1992; Ord. 87-12, 1987; Ord. 87-11, 1987).
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 300 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. 98-083 Exh. A § 36, 1998; Ord. 96-056 Att. A § A2, 1996; Ord. 92-015, 1992; Ord. 87-12, 1987; Ord. 87-11, 1987).
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.
Unstable slopes are defined as those having a tendency for mass movement of earth materials, including slides, flows and soil creeps.
(1) Structures including but not limited to buildings, roads, drainage facilities and utilities shall not be built on unstable slopes as identified on Figure C1 and C2 of the Lummi Island Comprehensive Plan.
(2) Structures shall not be built on potentially unstable slopes as identified on Figure C1 and C2 of the Lummi Island Comprehensive Plan unless they can be designed and constructed without causing the slope to become unstable. Development that is proposed in unstable slope areas should present specific engineering drawings to the zoning administrator that display how the proposed development will mitigate the slope hazard.
(3) Vegetation shall be disturbed as little as possible on unstable and potentially unstable slopes as identified on Figure C1 and C2 of the Lummi Island Subarea Plan. This limitation shall not apply to nonnative vegetation when:
(a) A qualified professional has submitted a report, approved by Whatcom County, demonstrating that removal of nonnative vegetation and replanting with native vegetation would not be detrimental to the stability of the slope; and
(b) A qualified professional has submitted a plan, approved by Whatcom County, that establishes the types of native vegetation to be replanted and the time frames and techniques for removal of nonnative vegetation, replanting with native vegetation, and erosion control; and
(c) The property owner implements the approved plan. (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. 99-069, 1999; Ord. 96-056 Att. A § F3, 1996; Ord. 85-100, 1985).
20.34.659 Drainage.
All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards unless specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Development Standards. (Ord. 96-056 Att. A § A2, 1996; Ord. 94-022, 1994).
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