Chapter 20.34 RURAL RESIDENTIAL-ISLAND (RR-I) DISTRICT

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 Chapters 20.80 WCC (Supplementary Requirements) and 22.05 WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.

.051 One single-family detached dwelling per lot.

.052 Agriculture including animal husbandry, horticulture, viticulture, floriculture and beekeeping; and the cultivation of crops.

.053 Fish farms and aquaculture and mariculture projects; provided, that no new seafood or fish-raising facilities or ponds shall be located within 1,000 feet of agricultural operations requiring pesticide and/or herbicide applications as part of their normal farm practices pursuant to the Whatcom County Shoreline Management Program.

.054 Small wood lot management, tree farming, commercial forestry and reforestation, including the temporary use of portable management harvesting or processing equipment.

.055 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting.

.057 Family day care homes subject to the requirements of the definition of home occupations (see Chapter 20.97 WCC).

.058 Public parks and recreation facilities included in an adopted city or county Comprehensive Plan or Park Plan.

.059 Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.

.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. 2023-042 § 1 (Exh. A), 2023; 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 20.80.970.

.102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program.

.103 Other accessory uses incidental to the primary permitted uses.

.104 Temporary dwelling units which have full living accommodations including sleeping, self-contained cooking, bathing, and toilet facilities where the plumbing is connected to permanent site sewage and water systems, including those travel trailers and recreational vehicles that meet the above description, for use by owners during the period of construction of a permanent dwelling while building permit is valid, not to exceed two years.

.105 Day care homes.

.106 Bed and breakfast establishments.

.107 Vacation rental units. (Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2023-041 § 1 (Exh. A), 2023; Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 87-23, 1987).

20.34.130 Administrative approval uses.

The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:

.131 A temporary second dwelling unit of no more than 1,248 square feet in floor area, in the form of a manufactured home, a fully serviced travel trailer, park model trailer, or motor home, to provide:

(1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require supervision and care where such care is provided by members of the family who reside on the property; or

(2) A temporary dwelling space for a person providing care for the resident owner of the subject property when said owner needs supervision and care as described in (1) above.

Approval Requirements:

Administrative approval for temporary second dwelling units shall be approved if it is determined that the proposal meets the following requirements:

(1) Temporary second dwelling units shall only be permitted on fully serviced parcels on which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements.

(2) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (1) above.

(3) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system approved by the Whatcom County health department.

(4) When care is no longer necessary, the temporary home shall be removed within 60 days.

(5) The permit shall be valid for one year. The permit may be extended on a yearly basis; provided, that an affidavit is furnished by the permittee affirming that the circumstances allowing the original permit remain in effect.

(6) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place.

(7) The use will not be hazardous or disturbing to existing or future neighboring uses.

(8) Evidence of adequate off-street parking space shall be provided.

(9) There shall be no occupancy of the temporary dwelling outside the conditions under which the temporary dwelling is permitted pursuant to this section.

(10) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with current Washington Administrative Code (WAC).

Penalties: False statements on supporting documentation submitted with the application or failure to comply with any of the approval requirements may be cause for revocation of the permit and prosecution.

.132 Accessory dwelling units, when consistent with WCC 20.80.910.

.133 Repealed by Ord. 2023-078.

.134 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 22.05.026 and 20.80.980:

(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.

.135 Battery energy storage systems with up to five MW of storage capacity, provided:

(1) Any structures shall be no closer than 25 feet from any property line.

(2) The proposed use shall be compatible with the general appearance and character of the surrounding area. Landscape screening shall be required pursuant to the requirements of WCC 20.80.345.

(3) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining properties and public roads.

(4) The facility shall comply with state noise level standards under Chapter 173-60 WAC, as amended. The applicant shall provide information detailing the expected noise level and any proposed abatement measures. This may require noise attenuation devices or other mitigation measures to minimize impacts. (Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2023-018 § 1 (Exh. A), 2023; Ord. 2022-048 § 1 (Exh. A), 2022; Ord. 2021-059 § 3 (Exh. C); Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2010-016 § 1 (Exh. A), 2010; Ord. 2009-034 § 1 (Att. A), 2009; 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.

.158 Activity centers.

.159 Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan.

.160 Trailheads with parking areas for more than 30 vehicles.

.161 Bed and breakfast inns.

.162 Confinement feeding operations and feedlots.

.163 Retail plant nurseries provided:

(1) Must be located on a minor collector or higher classified road.

(2) Covered sales area and associated display areas must not exceed 10 percent of the total area of development.

(3) There shall be fixed hours of operation.

(4) Parking lot, indoor sales or other potential impacts related to operations shall be buffered from neighbors.

(5) Signage shall be aesthetically compatible with the character of the neighborhood.

(6) All other criteria for conditional use permits must be met.

(7) Outdoor storage of fertilizer is prohibited.

(8) There shall be no use of synthetic pesticides, synthetic herbicides, or chemical fertilizers.

(9) No aerial application of chemical products shall be allowed.

.164 Public campgrounds.

.165 Athletic fields.

.183 State education facilities.

.185 Type I solid waste handling facilities.

.186 Type II solid waste handling facilities.

.189 Boarding homes that are larger than other residential structures permitted in the zoning district.

.190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.192 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC. (Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2009-033 § 1 (Att. A), 2009; 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.

All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not limited to the following, which are listed here for purposes of clarity:

.201 Reserved.

.202 Adult businesses.

.203 Mental health facilities that provide crisis care.

.204 Substance abuse facilities that provide crisis care.

.205 Outpatient mental health facilities.

.206 Outpatient substance abuse treatment facilities, including opiate substitution treatment clinics.

.210 Secure community transition facilities for sex offenders. (Ord. 2016-011 § 1 (Exh. L), 2016; 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.

Maximum density shall not exceed one dwelling unit per five acres. (Ord. 2009-062 Exh. A, 2009; Ord. 96-056 Att. A § F2, 1996).

20.34.252 Maximum density and minimum lot size.

Gross Density	Minimum Lot Size Conventional Cluster		Min. Conservation Area (Cluster Subdivisions)
1 dwelling unit/5 acres	5 acres	**	60%
** The lot size that satisfies the Whatcom County health department requirement for water and sewage services.

(Ord. 2009-062 Exh. A, 2009).

20.34.253 Minimum lot width and depth.

District	Width at Street Line Conventional Cluster		Width at Bldg. Line	Minimum Mean Depth
RR-I	300'	70'	80'	100'

The “Width at Street Line” standards do not apply to lots being modified through boundary line adjustment (BLA) subject to WCC 21.03.060(2)(f).

(Ord. 2017-030 § 1 (Exh. H), 2017; Ord. 2009-062 Exh. A, 2009; Ord. 86-29, 1986; Ord. 84-38, 1984; Ord. 82-58, 1982).

20.34.254 Lots platted prior to 1978.

Lots identified in the current Lummi Island Subarea Plan’s Table 9, “Platted Lots of Record Prior to 1978 Not Subject to Lot Consolidation” shall not be subject to the lot consolidation provisions of WCC 20.83.070. (Ord. 2016-011 § 1 (Exh. F), 2016; Ord. 86-55, 1986).

20.34.300 Lot clustering, reserve area, reserve tract and density transfer.

(Ord. 2013-028 § 2 Exh. B, 2013).

20.34.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.)

(1) The purpose of lot clustering is to preserve the rural character of Lummi Island and to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost and increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, or open space in accordance with the adopted zoning density requirements, as applied to the entire subdivision or short subdivision.

(2) The clustering option is also intended to help preserve open space and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2009-062 Exh. A, 2009; Ord. 99-069, 1999; Ord. 90-45, 1990).

20.34.310 Design standards. (Adopted by reference in WCCP Chapter 2.)

The creation of new building lots, pursuant to this section, shall be governed by the following recommended design standards:

(1) Clustered building lots may be only created through the subdivision or short subdivision process.

(2) Building lots shall be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site.

(3) The majority of building sites shall be arranged in a cluster or concentrated pattern to be compatible with physical site features, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns.

(4) Common access to clustered building lots shall be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the “reserve tract.” (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2009-062 Exh. A, 2009; Ord. 90-45, 1990).

20.34.315 Reserve area.

(1) An easement on the subdivision plat shall establish a reserve area per the definition in Chapter 20.97 WCC that is protected in perpetuity so long as it is not within an urban growth area. The minimum percentage of the parent parcel required to be within a reserve area is shown in WCC 20.32.253.

(2) A reserve area may contain infrastructure necessary for the subdivision, including but not limited to underground utilities, stormwater ponds, and on-site septic system components, and, in reserve areas designated for agriculture, structures used for on-site agricultural uses permitted in WCC 20.34.052. Above-ground hard surface infrastructure such as roads and water tanks may be included in a reserve tract, but the area they occupy shall not be included in the reserve area percentage required in WCC 20.34.252. (Ord. 2023-042 § 1 (Exh. A), 2023; Ord. 2013-028 § 2 Exh. B, 2013).

20.34.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.)

For the purposes of this section, “reserve tract” is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, or open space purposes which does not exceed adopted zoning density requirements, as applied to the entire subdivision or short subdivision. All “reserve tracts” created through the subdivision process shall be subject to the following provisions:

(1) After a site is initially subdivided pursuant to this section, the “reserve tract” may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.

(2) The “reserve tract” may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record and that development within a “reserve area” easement is consistent with the uses permitted in reserve areas in this chapter.

(3) The reserve tract is created and is unbuildable beyond any building density remaining at the time of land division. This is intended to ensure that the reserve tract open space will remain in the same location adjacent to the clustered lot it serves.

(4) The purpose of the reserve tract as stated in subsections (1), (2), and (3) of this section shall be communicated in writing on the face of the plat or short plat; also, the number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or “reserve tracts.” Any remaining density beyond the number of lots created on the plat may be assigned to either the lots or the reserve tract, but future subdivision shall not reduce the size of the reserve area below the minimum percentage of the original parent parcel required in WCC 20.34.252.

(5) That the above stated requirements in subsections (2), (3), and (4) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2013-028 § 2 Exh. B, 2013; Ord. 2009-062 Exh. A, 2009; Ord. 99-069, 1999; Ord. 98-083 Exh. A § 35, 1998; Ord. 90-45, 1990).

20.34.330 Density transfer.

Repealed by Ord. 2009-062.

20.34.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements).

20.34.400 Height limitations.

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 500 feet of an area designated as mineral resource lands in the Whatcom County comprehensive plan, or upon which farm operations are being conducted, shall be subject to the right to farm, right to practice forestry, and mineral land disclosure policies contained in WCC Title 14, Use of Natural Resources. (Ord. 2022-012 § 1 (Exh. A), 2022; 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.

Repealed by Ord. 2016-011. (Ord. 99-069, 1999).

20.34.657 Fire flow requirements.

Any development with fire flow requirements exceeding the capability of the Whatcom County Fire District #11 pumper tankers shall have adequate on-site storage to provide the required fire flow. If on-site storage is a pond, a concrete encasement with filters, screens and clean-out provisions shall be constructed.

20.34.658 Ground water regulations.

(1) Solid waste landfills are prohibited.

(2) There shall be no underground storage of fuel or other hazardous substances where public water supplies could be endangered.

(3) Runoff from impervious surfaces such as buildings, driveways and roads shall drain back into the ground rather than be conveyed by pipe or ditches away from the island.

(4) Width of access streets in residential developments shall be held to the minimum allowed under the Whatcom County Development Standards.

(5) Naturally occurring ponds and swamps shall not be drained. (Ord. 99-069, 1999; Ord. 96-056 Att. A § F3, 1996; Ord. 85-100, 1985).

20.34.659 Drainage.

All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635. No project permit shall be issued prior to meeting those requirements. (Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2017-045 § 1 (Exh. A), 2017; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 96-056 Att. A § A2, 1996; Ord. 94-022, 1994).