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Land Use Permit Types
- Administrative Use Permit
- Binding Site Plan
- Boundary Line Adjustment
- Conditional Use Permit
- Exempt Land Division
- Long Subdivision
- Lot of Record
- Planned Unit Development
- Short Subdivision
- Variance
An Administrative Use Permit (ADM) is required for uses not normally permitted in a given zone. Common Administrative Use Permits include, but are not limited to:
- Accessory apartment
- Temporary second dwelling units
- Cottage industries
- Mini-day care homes
Process
The applicant will submit an Administrative Approval Application which PDS staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc. Additionally, a Notice of Application will be sent to property owners within 300 or 1,000 feet to notify all interested parties of the proposed development.
After review and public comment, staff will either approve, deny, or request additional information. Once approved the applicant can apply for subsequent building permits associated with the Administrative Approval.
A Binding Site Plan (BSP) is a process used to create parcels as an alternative to the long plat procedures required by Chapter 58.17 RCW. Binding site plans are required to create parcels for industrial or commercial use, create lease spaces for a mobile home park or recreational vehicle (RV) park when no other residential structures are permitted, and/or create parcels for condominium ownership.
Process
The BSP process is a 3-step process:
- Preliminary BSP approval by the Whatcom County Hearing Examiner
- General and specific BSP approval by Planning and Development Services, Public Works, and the Health Departments
- Specific BSP approval by Planning and Development Services, Public Works, and the Health Departments
Lots cannot be sold until Specific BSPs are signed and recorded with the Whatcom County Auditor.
A Boundary Line Adjustment (BLA) approves adjustments or alterations to boundary lines of existing Lots of Record. A BLA cannot create any additional lot, tract, parcel, site or division.
Any lot altered through a BLA must meet minimum requirements for building site width and area and must be consistent with the minimum lot size for the zone (except for Agricultural BLAs).
Process
Applicants will submit a Boundary Line Adjustment Application which PDS staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc. After review, staff will issue Preliminary Approval, a request for more information, or a denial.
Once approved, the applicant must then have a surveyor prepare a map, and deeds must be written to reflect the proposed BLA. Staff will stamp the prepared map and deeds, the applicant must have them recorded with the Whatcom County Auditor within 1 year of Preliminary Approval.
Agricultural Boundary Line Adjustment
An Agricultural Boundary Line Adjustment (AG BLA) is similar to a standard BLA, but the minimum lot size may be reduced to 1 - 3 acres, pursuant to the requirements of Whatcom County Code 20.40.250.
In an AG BLA the small lot must contain an existing single-family residence and the remainder lot (of at least 10 acres) must contain a deed restriction stating there shall be no single-family residential density associated with the remainder.
Conditional Use Permits are generally required for a variety of uses, including but not limited to,
- Schools
- Churches
- Signs
- Mobile home parks
- Some commercial businesses
A Conditional Use Permit is required for any use listed under the Conditional Use section of Whatcom County Code in a given zoning designation.
Process
The applicant will submit a Conditional Use Permit Application which PDS staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc. Additionally, a Notice of Application will be sent to property owners within 300 or 1,000 feet to notify all interested parties of the proposed development.
After review and public comments, staff will issue a Recommendation of Approval to the Hearing Examiner, a Recommendation of Denial to the Hearing Examiner, or request additional information from the applicant.
A public hearing will be held with the Whatcom County Hearing Examiner who will either approve or deny the application. After approval by the Hearing Examiner the applicant may apply for subsequent building permits consistent with the conditions of approval for the Conditional Use.
An Exempt Land Division involves land divisions exempt from subdivision requirements (pursuant to Whatcom County Code 21.01.040).
Land divisions resulting in parcels greater than 20 acres (or 40 acres in the Agricultural or Commercial Forestry zones), and parcels created for environmental mitigation, must receive approval from Planning and Development Services (PDS).
Process
The applicant will submit a Subdivision Exemption Application which PDS staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc.
After review, staff will issue Preliminary Approval, a denial, or a request for more information. After receiving Preliminary Approval, the applicant must have a surveyor prepare a map, and deeds must be written to reflect the proposed subdivision.
Staff will stamp the prepared map and deeds; the applicant must have them recorded with the Whatcom County Auditor within 1 year of Preliminary Approval.
A long subdivision is a land division of a legal Lot of Record into five or more lots.
Process
The applicant will submit a Pre-Application Meeting Request to schedule with staff from Planning and Development Services (PDS), the Health Department, Public Works, and the Fire Marshal’s Office.
After the Pre-Application Meeting, the applicant will submit a Long Subdivision Preliminary Application which staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc. Additionally, a Notice of Application will be sent to property owners within 300 or 1,000 feet to notify all interested parties of the proposed development.
After review, including review of the State Environmental Policy Act (SEPA), staff will request additional information, Recommend Preliminary Approval to the Hearing Examiner, or Recommend Denial to the Hearing Examiner. A public hearing will be held with the Whatcom County Hearing Examiner who will either approve or deny the Preliminary Approval.
Following the Hearing Examiners decision to grant Preliminary Approval, the applicant can make improvements consistent with the Preliminary Approval Conditions. The applicant must submit the Long Subdivision Final Application for review and approval within 5 years. The final drawing (mylar) is recorded with the Auditor at that time and the applicant may sell the lots created through the subdivision process.
A Lot of Record (LOR) is reviewed consistent with the following definition from Whatcom County Code 20.97.120: “Lot of record means a lot which is described by final plat, short plat, or metes and bounds, and is established pursuant to applicable local and state regulations at the date a legal instrument creating the lot is recorded at the Whatcom County Auditor’s Office.”
Simply, a Lot of Record is a lot established by a legal recording document with the Whatcom County Auditor based on regulations in place at the time of recording.
LOR’s are performed for all:
- Exemptions
- Boundary line adjustments
- Short subdivisions
- Long subdivisions
- Binding site plans
Review is based upon Deed History and maps to determine if the lot was created before or after 1972, and if the lot is consistent with the subdivision regulations in effect at the time of creation.
Application
The applicant will submit a Lot of Record Application. Staff will review submitted materials, the County’s geographic information system (GIS), the Assessor and Auditor websites, and plat index to determine how and when the lot was created.
Staff will approve or deny the LOR. Lots determined to be Lots of Record may be used for the owner’s own purposes, sold, or subdivided. Lots determined NOT to be Lots of Record may not be sold and permits cannot be processed on that parcel.
A planned unit development (PUD) is one or a group of specified uses to be planned and constructed as a unit within an Urban Growth Area, such as:
- Residential
- Resort
- Commercial
- Industrial
Zoning and subdivision regulations related to lot size, building area, etc. may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits.
PUDs are typically processed with Subdivision, Binding Site Plans, or Conditional Use Permit applications and will be processed in accordance with the underlying permit, except the Whatcom County Hearing Examiner will make a recommendation for approval or denial to the Whatcom County Council for final decision regarding any PUD.
A short subdivision is a land division of a legal lot of record into less than 5 lots.
Process
The applicant will submit a Pre-Application Meeting Request to schedule with staff from Planning and Development Services (PDS), the Health Department, Public Works, and the Fire Marshal’s Office.
After the Pre-Application Meeting, the applicant will submit a Short Subdivision Application which staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc. After review, staff will issue Preliminary Approval, Denial, or a request for additional information.
After Preliminary Approval, the applicant may make improvements consistent with the Preliminary Approval Conditions. The applicant must submit the Short Subdivision Final Application within 2 years. The final drawing (mylar) is recorded at that time with the Auditor and the applicant can sell the lots created through the subdivision process.
Agricultural Short Subdivision
An Agricultural Short Subdivision is similar to a Short Subdivision, except that one lot can be created that is between 1 - 3 acres, with the remainder lot at least 10 acres (pursuant to Whatcom County Code 20.40.250). The small lot must contain an existing single-family residence and the remainder lot must contain a deed restriction prohibiting single-family residential development.
The review process for an AG Short Subdivision is abbreviated and includes minor review by Critical Areas, Public Works, and the Health Department.
A variance may be requested when the subject lot has physical constraints that do not allow the construction of a use normally permitted in the same zoning designation.
Variances are designed to allow minor modifications on a site, such as increasing the amount of impervious surface on a property, decreasing setbacks, or lot coverage requirements in order to accommodate construction on lots where there is a physical hardship.
Process
The applicant will submit a Variance Application. A Notice of Application will be sent to property owners within 300 or 1,000 feet to notify all interested parties of the proposed development.
PDS staff will review for Critical Areas, Plans, Public Works access, Fire Marshal access, etc. After review staff will request additional information, or issue a Recommendation of Approval or Recommendation of Denial to the Whatcom County Hearing Examiner.
A public hearing will be held with the Whatcom County Hearing Examiner who will either approve or deny the application. After approval by the Hearing Examiner the applicant may apply for subsequent building permits consistent with the conditions of approval for the Variance.