Chapter 20.91
DENSITY CREDITS
Sections:
20.91.020 Developer incentives.
20.91.030 Density credit price and timing.
20.91.010 Purpose.
The overall purposes of this chapter are to incentivize increased land use intensity in urban growth areas, allow greater flexibility for accessory dwelling units, and decrease residential density in agricultural, forestry, and rural areas by authorizing density credits. Density credits allow increased density or flexibility in zoning regulations in exchange for a voluntary contribution towards preserving agricultural lands and open space. This is accomplished through a voluntary payment of funds to Whatcom County for use in the Whatcom County Conservation Easement Program (Chapter 3.25A WCC) in order to allow a higher density or greater flexibility as specifically set forth in the Whatcom County Zoning Code. (Ord. 2021-059 § 1 (Exh. A); Ord. 2017-062 § 3 (Exh. C)).
20.91.020 Developer incentives.
Density credits may be used to gain the following benefits:
(1) Resort Commercial Zone in the Birch Bay Urban Growth Area. Each density credit purchased allows one additional single-family residential dwelling in the Resort Commercial zone up to the limit on total dwelling units set by WCC 20.85.108.
(2) Urban Residential Zone in the Birch Bay Urban Growth Area. Each density credit purchased allows one additional dwelling in the UR-4 Zone up to the maximum gross density limit on total dwelling units set by WCC 20.20.252.
(3) Accessory Dwelling Units. Each density credit purchased allows increased accessory dwelling unit size as set forth in the accessory dwelling unit regulations of the applicable zoning district. (Ord. 2021-059 § 1 (Exh. A); Ord. 2017-062 § 3 (Exh. C)).
20.91.030 Density credit price and timing.
The price per density credit is set by the county council in the Unified Fee Schedule.
(1) Planned Unit Developments. If a developer using density credits is granted initial PUD approval pursuant to WCC 22.05.120, the required number of density credits shall be purchased from Whatcom County prior to final PUD approval under WCC 20.85.365.
(2) Subdivisions. If a developer using density credits is granted preliminary long subdivision approval pursuant to Chapter 21.05 WCC, the required number of density credits shall be purchased from Whatcom County prior to final long subdivision approval under Chapter 21.06 WCC.
(3) Short Subdivisions. If a developer using density credits is granted preliminary short subdivision approval pursuant to WCC 21.04.034, the required number of density credits shall be purchased from Whatcom County prior to final short subdivision approval under WCC 21.04.035.
(4) Accessory Dwelling Units. The required density credits for increasing the size of an accessory dwelling unit shall be purchased from Whatcom County prior to issuance of the building permit. (Ord. 2021-059 § 1 (Exh. A); Ord. 2017-062 § 3 (Exh. C)).