13.70.090 Exemptions from concurrency application

13.70.090 Exemptions from concurrency application.

The following development permits shall be exempt from requiring a new concurrency application and evaluation:

A. Development projects with applications determined to be complete prior to the effective date of the ordinance codified in this chapter shall be considered to have concurrency approval as long as the accompanying development permit is valid and has not been modified after the effective date of the ordinance codified in this chapter. If the accompanying development permit does not expire, capacity shall be considered to exist for three years after the effective date of the ordinance codified in this chapter.

1. If the accompanying development permit has expired, or if the development project has been modified with a resulting increase in traffic impact, then a concurrency application, evaluation, approval, and temporary certificate of concurrency shall be required prior to any new permit application review for completeness.

B. Extension of previously issued, unexpired development permits.

C. Phases of projects that were disclosed by the applicant and subject to a concurrency evaluation as part of the original application (i.e., phased development); provided, that a concurrency evaluation was approved for the expansion of subsequent phase.

D. No Impact. Development applications for projects which do not create concurrency impacts to the city’s transportation facilities; such development includes but is not limited to:

1. Any addition or accessory structure to a residence with no change in use or increase in the number of dwelling units;

2. Interior renovations with no change in use or increase in the number of development units;

3. Interior completion of a structure for use(s) with the same or less intensity as the existing use or a previously approved use;

4. Replacement structure with no change in use or increase in the number of development units;

5. Temporary construction trailers;

6. Driveway resurfacing, or parking lot paving;

7. Reroofing structures; and

8. Demolitions.

E. Permit Actions Exempt from Concurrency. The following permits are issued as a result of legislative or quasi-judicial actions, do not have transportation capacity impacts, and are therefore exempt from concurrency evaluation requirements:

1. Boundary line adjustments;

2. Variance;

3. Parking waiver or joint parking;

4. Vision clearance waiver;

5. Billboard relocation;

6. Exempt home occupation;

7. Lot line adjustment;

8. Nonconforming use status determination;

9. Over-height fence;

10. Shoreline statement of exemption;

11. Site area exception (BMC 20.30.040(B)(1)(d)); and

12. Wireless communication facility that does not require either a planned development approval or conditional use permit.

1. Public works will regularly conduct arterial traffic counts to account for arterial transportation capacity used by development;

2. Public works will annually update inventories of completed pedestrian and bicycle networks; and

3. Public works will coordinate with Whatcom transportation authority (WTA) to obtain annual ridership statistics, seated capacity inventories, and service frequency data.

G. Transportation Report on Annual Concurrency. The public works department shall annually produce and publish a transportation report on annual concurrency (TRAC) in conjunction with the six-year transportation improvement program. The TRAC shall document person trips available on the multimodal transportation network and shall, to the extent possible, identify multimodal transportation facilities and services and concurrency service areas where potential concurrency problems may arise. Potential mitigation and transportation demand management strategies will be suggested, as needed. [Ord. 2008-12-113; Ord. 2006-04-041].