20.37.330 Fairhaven urban village – Development regulations

20.37.330 Fairhaven urban village – Development regulations.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the Fairhaven urban village except as follows:

1. Residential Transition Areas 1, 2 and 4. Development in RT-1, 2 and 4 shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, unless specified otherwise herein.

2. Residential Transition Area 3. Development in RT-3 shall comply with Chapter 20.30 BMC, Residential Single Development, unless specified otherwise herein.

3. Industrial Areas. Development in any industrial zoned area shall comply with Chapter 20.36 BMC, Industrial Development, unless specified otherwise herein.

4. Public Areas. Development in any public zoned area shall comply with Chapter 20.42 BMC, Public Development, unless specified otherwise herein.

Table 20.37.330 Standard Development Regulations
Development Regulations	Area
	Commercial	Residential					Industrial	Public
	CC	RT-1, 2 and 4			RT-3		I-1, 2 and 3	P-1, 2 and 3
Applicable Development Regulations	BMC 20.37.300 through 20.37.370	Chapter 20.28 BMC, Infill Housing	Chapter 20.30 BMC, Residential Single Development	Chapter 20.32 BMC, Residential Multi Development	Chapter 20.28 BMC, Infill Housing	Chapter 20.30 BMC, Residential Single Development	Chapter 20.36 BMC, Industrial Development	Chapter 20.42 BMC, Public Development
Minimum Lot Size	None	(1)	5,000 sq. ft.	5,000 sq. ft.	(1)	5,000 sq. ft.	None	None
Maximum Density	None	2,000 sq. ft./unit for RT-1 and 2. 1,500 sq. ft./unit for RT-4. (1)	5,000 sq. ft./unit	2,000 sq. ft./unit for RT-1 and 2. 1,500 sq. ft./unit for RT-4.	5,000 sq. ft./unit	5,000 sq. ft./unit	None	N/A
Setbacks from Property Lines	None	(1)	(2)	(3)	(1)	(2)	25 ft. from any property line abutting or across a right-of-way from land zoned residential or public (4). 10 ft. from front and side-flanking street (4).	20 ft. from any property line abutting land zoned residential.
Maximum Height	Height limits are as shown on Figure 20.37.330(A). (5)(6)(8)	(1)	(2)	35' for RT-4.(3)	(1)	(2)	I-1 and I-2: None for industrial uses. 66 ft. for all other uses (5)(6)(8). I-3: 5 stories and 56 ft. (5)(6)(7)(8).	None (8)

1Subject to Chapter 20.28 BMC, Infill Housing.

2Subject to Chapter 20.30 BMC, Residential Single Development.

3Subject to Chapter 20.32 BMC, Residential Multi Development.

4See subsection (C)(2) of this section for optional setbacks regulations.

5Height is measured per height definition No. 1. A building may be divided into modules and stepped with height measured on a per module basis to respond to topography on sloped property.

6See subsection (C)(1) of this section and Figure 20.37.330(C) for additional height restrictions.

7Height limits do not apply to temporary construction equipment or permanent fabrication equipment used in the normal course of business for industrial uses.

8Additional height restrictions may apply as specified in the Shoreline Management Program.

B. Repealed by Ord. 2023-01-001.

a. Non-industrial development over five stories in height shall incorporate a 15-foot step back above the fourth floor as measured from the abutting street right-of-way and shown in Figure 20.37.330(B). A maximum of 50 percent of wall length above the fourth story may encroach five feet into an upper story setback to accommodate bay windows and similar architectural features.

Figure 20.37.330(A) Maximum Allowed Heights within the Commercial Core

Figure 20.37.330(B) Building Step-Back Required. Floor-to-floor heights are shown for illustrative purposes only to provide context on how the maximum allowed building height may be achieved

b. Height Restricted Areas. Height is further limited in view corridors and adjacent to residential zoned areas as shown on Figure 20.37.330(C) and outlined below:

i. Encroachment into view corridors by architectural features such as bay windows, and rooftop objects such as spires, towers, domes, steeples, mechanical equipment, elevator and stair shafts, smokestacks and ventilators is prohibited.

ii. The maximum height within 15 feet of a property line abutting a residential single zone or a residential transition area shall be one story and 18 feet.

Figure 20.37.330(C) Height restricted areas within views to geographic features of significance

a. The planning and community development director may eliminate or reduce the front and flanking side yard setbacks if all of the following criteria can be met for the wall length within the yard being reduced:

i. Zoning directly across an improved street right-of-way is commercial or public.

ii. At least 35 percent of the building wall area on the ground floor contains transparent windows between a height of two feet and seven feet facing the street. The 35 percent transparent window calculation only applies to the section of building within the reduced yard.

iii. A customer-oriented pedestrian entry faces, and is accessible from, the street.

iv. All parking facilities are located to the side or rear of the main building.

v. The proposed use is retail, eating or drinking establishment, personal or business services, amusement and recreation, professional offices, the office component of an industrial use, educational facilities, or similar uses as determined by the planning and community development director.

b. The planning and community development director may eliminate or reduce the side and rear yard setback to 10 feet if all of the following criteria can be met:

i. Abutting zoning is public; and

ii. The proposed use is retail, eating or drinking establishment, personal or business services, amusement and recreation, professional offices, the office component of an industrial use, educational facilities or other similar uses as determined by the planning and community development director.

3. Residential Transition Area 4 (RT-4). The following regulations shall be used when converting an existing residential building(s) to a nonresidential use(s), or when a site will be redeveloped with a nonresidential use(s). They are intended to provide incentives for reuse of existing single-family residential buildings, and to maintain the small-scale character of the general vicinity when new development occurs.

a. Maximum Use Size. Individual nonresidential use(s) on a site shall not exceed the floor area of:

i. Any building(s) on site existing as of August 28, 2012, and originally built for residential use, or

ii. Two thousand five hundred square feet of gross floor area per nonresidential use for new ground floor development. There is no floor area limit on upper floors.

An addition in floor area to buildings in subsection (C)(3)(a)(i) of this section may be approved by the planning and community development director when existing buildings are to be joined by a mutual addition.

b. Open Space. A minimum of 10 percent of the total site area shall be left as an open space when a property is developed with nonresidential uses.

D. Design Standards . Design review applies as outlined in Chapter 20.25 BMC and this subsection. The following design standards are intended to carry out the goals and policies of the Fairhaven district subarea plan and shall be used in addition to the urban village design guidelines, standards, decision criteria, and departure provisions in BMC 20.25.020(C)(3). Should the provisions of this section conflict with any other provision in BMC 20.25.020(C)(3), the provisions of this section shall apply.

New Construction.

i. Intent. Maintain the traditional orientation of the primary entrance toward the street. Avoid the “back of building effect” on public open spaces. Provide visual interest and promote activity and interaction to and from the building.

(A) Standard. A commercial building on a through-lot property (one that fronts more than one street) shall have an entry on both streets.

i. Intent. Buildings in, abutting, and across the right-of-way from the HD DRA contribute to a pedestrian-friendly street edge by maintaining strong alignment and traditional uninterrupted character of the commercial “building wall” edge.

(A) Standard. In, abutting, and across the right-of-way from the HD DRA, courtyards, dining areas and plazas are encouraged. However, to maintain the continuity of the commercial street wall, no more than 25 percent of a building front shall be set back from the sidewalk edge.

ii. Intent. For industrial developments in the II and MI DRAs buildings and/or landscaping create a pedestrian-friendly street edge.

(A) Standard. For industrial developments in the II and MI DRAs, provide pedestrian-scale interest at the street face or other public right-of-way by incorporating at least two elements from the following list:

(1) Create a “green wall” on at least 50 percent of street-facing facades (a green wall is one that is partially or completely covered with vegetation and, in some cases, soil or an inorganic growing medium);

(2) Provide some type of public art such as sculpture, a mural, etc.;

(3) Modulate the building face every 50 feet;

(4) Use darker hues on street-facing facades to visually diminish size and mass;

(5) Provide at least 25 percent glazing along the street face to allow views to interior activity;

(6) Provide canopies or awnings that extend into the pedestrian realm; or

(7) Other element that meets the intent of the standard.

i. Intent. Promote pedestrian activity by providing inviting and safe mid-block walkways.

(A) Standard. When a development encompasses a site of 200 feet by 200 feet or larger, provide pedestrian walkways through the property to adjacent alleys, public sidewalks, streets, trails and/or other pedestrian walkways. A walkway shall be open to the sky and no less than 15 feet wide.

(B) Standard. In the II and MI DRAs, provide pedestrian connections from the street to the ferry, boat launch, and other public areas along the waterfront.

i. Intent. New buildings in, abutting, or across the right-of-way from the HD DRA should reflect – but not imitate – the traditional character, height, and proportion of Fairhaven’s historic commercial buildings.

(A) Standard. The minimum height for new development in the commercial core is two stories.

(B) Standard. On a building exterior, floor-to-floor heights and windows shall appear similar to those of traditional commercial Fairhaven buildings. Floor-to-floor height minimums are outlined in Table 3.1. Exception: Floor-to-floor height minimums are not required in areas that have a 35-foot height limit.

Table 3.1 Minimum Required Heights for Commercial Mixed Use
	In, abutting, and across the right-of-way from historic district DRA	All other DRAs
First Floor Retail	Minimum 14' floor-to-floor	Minimum 12' floor-to-floor
Upper Story Office	Minimum 12' floor-to-floor
Upper Story Residential	Minimum 10' floor-to-floor (12' is encouraged for flexibility of use)
Parapet	2' – 4' (taller parapet is encouraged to allow for rooftop use, green roofs, solar installations, etc.)

(C) Standard. In, abutting, and across the right-of-way from the HD DRA, street level transparency shall extend a minimum of 10 feet to the top the window or door header. This height minimum may include a transom window.

ii. Intent. Provide a visual link between commercial space and the sidewalk to create visual interest at the pedestrian level.

(A) Standard. In, abutting, and across the right-of-way from the HD DRA, a minimum of 70 percent of the commercial building wall between two feet and eight feet above the sidewalk and facing a street shall be transparent. In all other DRAs, a minimum of 60 percent transparency is required. Windows into parking garage space shall not qualify. If windows are not feasible, glass display cases, decorative art (for example, murals or relief sculpture), significant architectural detailing or wall-covering landscaping may be used.

(B) Standard. In, abutting, and across the right-of-way from the HD DRA, storefront components and upper story windows shall relate to the height and proportion of traditional commercial buildings.

iii. Intent. In the HD and HI DRAs, maintain a distinction between the street level and the upper floors.

(A) Standard. The first floor of the primary facade shall be predominantly transparent glass. Highly reflective or darkly tinted glass shall not be used.

(B) Standard. Distinction in floor heights shall be made between the street level and upper levels by using detailing, a belt course, or differing materials and fenestration.

iv. Intent. The repetition of evenly spaced, vertically oriented and similarly sized upper story windows creates a pattern along the street, and gives a building a sense of human scale.

(A) Standard. New buildings in, abutting, and across the right-of-way from the HD DRA shall maintain the traditional spacing patterns and proportions of upper story windows in historic commercial buildings, which are typically at least twice as tall as they are wide.

(B) Standard. New buildings in, abutting, and across the public right-of-way from the HD DRA shall be designed with windows that are set back from the exterior building wall to create relief, and prevent “flat-faced” two-dimensional walls.

i. Intent. In the HD and HI DRAs, reflect the underlying lot pattern and break up building mass in the articulation of building facades. Buildings should not be monolithic in scale or greatly contrast with those seen traditionally in Fairhaven.

(A) Standard. Building massing shall vary along the street for any individual building that exceeds more than a one-half-block width or 100 feet of a block face, whichever is less.

ii. Intent. Traditionally, commercial building facades were composed of three basic elements – a base, middle and cap.

(A) Standard. New multi-story commercial buildings in, abutting, and across the right-of-way from the HD DRA shall be composed of a base, middle, and cap.

iii. Intent. Roof forms should relate to the context of surrounding buildings.

(A) Standard. In, abutting, and across the right-of-way from the HD DRA, roofs shall be of the traditional flat, commercial building type. In all other DRAs, a mix of roof forms is permitted.

iv. Intent. For new buildings in the II and MI DRAs, simple forms are appropriate, as are those with varied massing.

(A) Standard. A variety of building forms, masses, and character are permitted in the II and MI DRAs.

v. Intent. The scale of buildings that abut a residential zone should conform to the scale established in the neighborhood. Blank walls should not loom over nearby residences.

(A) Standard. Building walls within 15 feet of a property line abutting a residentially zoned area shall either be of common sized red brick masonry or include a repeating pattern with no less than two of the elements listed below. At least one of the elements shall repeat horizontally. All elements shall repeat at intervals of not more than 30 feet, either horizontally or vertically.

(1) Permanent color change;

(2) Texture change;

(3) Material change;

(4) Architectural or structural bays with a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib (see Illustration 3.4.).

i. Intent. Building materials contribute to the visual continuity of the area and should appear similar to those traditionally used in Fairhaven – primarily brick, wood, and stone.

(A) Standard. Building materials in, abutting, and across the right-of-way from the HD DRA shall be primarily brick or stone. Stucco, wood and metal should be used in subordinate proportion to masonry. Brick and simulated (formed concrete) stone or wood should be of similar modular dimension to that of historic buildings.

(B) Standard. Imitation or synthetic cladding materials such as aluminum, vinyl, and plastic siding are prohibited for new construction in, abutting, or across the right-of-way from the HD DRA.

i. Intent. Awnings promote sidewalk activity and protect pedestrians from the weather. Both operable and fixed metal type awnings are appropriate, but regardless of type, an awning’s design should relate to the building’s architecture.

(A) Standard. In, abutting, and across the right-of-way from the HD DRA, oddly shaped, bullnose, curved, and bubble awnings are not permitted. Simple shed-shaped awnings are appropriate for most rectangular openings.

(B) Standard. In, abutting, and across the right-of-way from the HD DRA, awning materials shall be limited to metal or fabric.

(C) Standard. Glass, plexiglass, or equivalent durable material may be used in those areas of the II and MI DRAs, and those areas of the HI DRA not abutting or across the right-of-way from the HD DRA.

(D) Standard. Nonopaque awning material illuminated in such a way as to cause the awning to glow is not permitted.

i. Intent. Provide site lighting to increase safety, while shielding fixtures to minimize light spill onto nearby properties.

(A) Standard. The design of light fixtures shall be in character with the setting and shall reference architectural and site design elements.

(B) Standard. Design lighting to minimize light spill-off to no more than one and one-half foot-candles at the property line unless the lighting falls on a sidewalk or other public area.

(C) Standard. Gas and service station canopies: Lighting shall be recessed (including lenses) within the bottom of the gasoline pump island canopy(s). Lights that project below the canopy ceiling are prohibited. [Ord. 2024-02-002 § 11; Ord. 2023-01-001 § 3 (Att. 3); Ord. 2012-08-041 § 13 (Exh. G)].