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. 2017-062 § 3 (Exh. C); Ord. 2021-059 § 1 (Exh. A))
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. 2017-062 § 3 (Exh. C); Ord. 2021-059 § 1 (Exh. A))
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. 2017-062 § 3 (Exh. C); Ord. 2021-059 § 1 (Exh. A))