Chapter 20.32
RESIDENTIAL MULTI DEVELOPMENT

Sections:

20.32.010    Applicability.

20.32.020    Purpose and intent.

20.32.030    Permitted uses.

20.32.040    Standard development – Regulations.

20.32.045    Duplex/attached single-family duplex regulations.

20.32.050    Optional development regulations.

20.32.060    Parking.

20.32.070    Landscaping.

20.32.080    Special conditions.

20.32.090    Prerequisite considerations.

20.32.100    Signs.

20.32.110    Accessory buildings and uses.

20.32.120    Fences.

20.32.130    Vision clearance triangle.

20.32.010 Applicability.

A. Regulations specified within this chapter shall apply to the use of land within areas which have been designated by the applicable neighborhood plan to have an residential multi (RM) general use type with a “duplex” or “multiple” use qualifier. Land within areas designated “residential multi – planned” must follow procedure and standards provided in Chapter 20.38 BMC.

B. The development of a single-family dwelling unit shall comply with the standard development regulations within Chapter 20.30 BMC.

C. This chapter is designed to be used in conjunction with the land use classification system found within the appropriate neighborhood plan. [Ord. 9024, 1982].

20.32.020 Purpose and intent.

A. Generally.

1. The residential multi (RM) general use type is primarily intended to accommodate the highest concentrations of people within the city. The regulations found within this chapter are intended to provide a framework for a desirable living environment for the people living within and adjacent to areas designated RM.

2. The standard regulations within this section are intended to achieve a minimum acceptable level of adequacy for a livable environment. The optional regulations are available for use by the innovative designer or builder to create opportunities for design and site flexibility, while maintaining or surpassing the adequate living environment that the standard regulations would produce.

B. Duplex Designation. The “residential multi-duplex” designation is intended to accommodate only single-family and two family dwelling units in those areas which are better suited for slightly higher concentration of population than that allowed within areas designated residential single. Generally, the “duplex” use qualifier designations are designed for those areas which are not located in environmentally sensitive areas or in areas which will serve as a transition between areas having a great differentiation in terms of permitted uses or density.

C. Mixed Uses. Specific areas within the neighborhood plans have been designated “mixed” so as to permit certain “mixed uses” in addition to the general principal uses allowed within areas designated RM. These mixed uses (or additional permitted uses) have been included where it has been determined that they would complement the principal uses and would not produce significant detrimental impact to the neighborhood. In areas where a “mixed” qualifier has been designated, the specific allowable mixed uses are enumerated within the land use classification system of the applicable neighborhood plan.

D. Conditional Uses. Certain uses have been designated as conditional uses because they may directly benefit or provide services to families within the immediate area or because they are uses of a community nature which may function best if located within RM areas. Because such uses are usually more intense than the principal uses, review and scrutiny is required to determine if the proposal would cause substantive detriment to the quality of life within the RM area. [Ord. 9024, 1982].

20.32.030 Permitted uses.

A. Uses Permitted Outright. No building or land shall be used within areas designated RM except as enumerated below corresponding to the applicable use qualifier:

 

Use Qualifier

 

Permitted Use

Duplex

1.

Single-family dwelling unit with less than 5,500 square feet of total floor area. (See conditional uses. Also see BMC 20.30.050(H) for limitations on number of rooms in attached dwelling units.)

 

2.

Duplex (See BMC 20.32.040(I) and 20.32.045(K) for limitations on number of rooms in a duplex and single-family attached duplex dwelling units in districts with a duplex use qualifier.)

 

3.

Public owned parks, trails and playgrounds

 

4.

Private recreational facilities, recreational vehicle storage lots or common open space (where approved as part of an approved subdivision).

 

5.

Mixed use (where such a use is specifically listed in the neighborhood land use plan).

 

6.

Public utilities (when located within a public right-of-way).

 

7.

Attached accessory dwelling units (consistent with procedures and requirements outlined in BMC 20.10.035).

 

8.

Detached accessory dwelling units existing prior to January 1, 1995 (consistent with procedures and requirements outlined in BMC 20.10.035).

 

9.

Confidential shelters subject to the provisions of BMC 20.10.047.

 

10.

Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.

 

11.

Co-housing developments, subject to the requirements of BMC 20.10.048.

 

 

 

Multiple

1.

All those permitted within the duplex use qualifier.

 

2.

Multifamily dwelling units (apartments)

 

3.

Attached accessory dwelling units (consistent with procedures and requirements outlined in BMC 20.10.035).

 

4.

Unpermitted detached accessory dwelling units existing prior to January 1, 1995 (consistent with procedures and requirements outlined in BMC 20.10.035).

 

5.

Billboards, subject to the provisions of this chapter, and only within the billboard overlay zones delineated by BMC 20.08.020, Figure 15.

 

 

 

Planned

1.

Development is allowed only pursuant to the procedures and standards made applicable in Chapter 20.38 BMC.

B. Conditional Uses. The following uses may be allowed if approval can be obtained, based upon standards and requirements for conditional uses as specified in Chapter 20.16 BMC:

1. School.

2. Church.

3. Neighborhood club/activity center.

4. Nonconforming use; signage.

5. Golf course facilities.

6. Riding academy.

7. Medical care facility.

8. Public utilities, other than those described in subsection (A) of this section.

9. Day care.

10. Service care.

11. Day treatment center.

12. Child placing agency.

13. Adaptive uses for historic register buildings as defined in BMC 20.16.020(A)(1).

14. Bed and breakfast facilities (subject to the standards found in BMC 20.34.040(F)(3)).

15. Boarding and rooming houses.

16. Parking facilities (nonretail), when used in conjunction with other permitted or conditional uses in the RM general use type.

17. Agricultural nursery.

18. Eating establishment (multiple use qualifier only).

19. Single-family residence containing 5,500 square feet or more total floor area (subject to the standards found in BMC 20.16.020(L)(3)).

20. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.

21. Art schools.

22. Community public facilities, with the exception of publicly owned parks, trails and playgrounds; subject to the provisions of BMC 20.16.020(J)(4). [Ord. 2005-12-094; Ord. 2004-09-065; Ord. 2002-10-069 § 53; Ord. 2002-06-045 § 14; Ord. 2001-11-077 § 6; Ord. 2001-07-049; Ord. 1998-11-089; Ord. 1998-11-088 § 4; Ord. 1998-08-062; Ord. 1998-07-057; Ord. 1998-06-034 § 4; Ord. 10674 § 20, 1995; Ord. 10643 §§ 8, 9, 1995; Ord. 9639 § 4, 1987; Ord. 9582 § 7, 1986; Ord. 9024, 1982].

20.32.040 Standard development – Regulations.

A. Applicability.

1. Unless the optional regulations of BMC 20.32.050 are utilized, the regulations of this section shall apply to all principal use development (including mixed uses where allowed) within areas designated with the “residential multi” general use type, except within areas designated with a planned use qualifier.

2. The standard development regulations of the residential single development district shall apply to development of single-family homes on any lot of record within areas designated as “residential multi.”

3. The regulations of this section shall apply to the development of any permitted conditional use in an area designated residential multi unless other applicable regulations appear within Chapter 20.16 BMC.

4. Except where other applicable regulations appear within BMC 20.32.110, the regulations of this section shall apply to the development of any accessory building in an area designated residential multi.

5. Single-family attached duplexes shall comply with standard development regulations found in BMC 20.32.045.

B. Minimum Site Area.

1. Development of any use shall not take place upon a site area which would result in a higher density for the total project than specified within the relevant neighborhood plan land use classification system under “density.”

2. Public parks, playgrounds, common open space, recreational facilities and public utilities authorized within BMC 20.32.030 shall be exempt from minimum site area requirements.

C. Main Buildings/Principal Use. Within areas designated “residential multi-duplex,” no more than one principal use or one main building shall be permitted on a single building site, unless the neighborhood plan for the applicable area provides otherwise. There shall be no limit on the maximum number of main buildings on a single site with areas designated “residential multi, multiple.” The hearing examiner is authorized to approve more than one main building for those conditional uses which the hearing examiner finds to efficiently and appropriately function in more than one building.

D. Lot Coverage. No more than 35 percent of the total site area shall be covered.

E. Open Space. A minimum of 25 percent of the total site area shall be left as open space; except that a minimum of 10 percent of the total site area shall be left as an open space for an office use allowed in residential multi, multiple-mixed areas having a residential density equal to or denser than 1,500 square feet per unit. Landscape-based LID BMPs may be used in passive open space and may count toward open space requirements.

F. Usable Space. The goal of the usable space requirement is to congregate the small, fragmented open space areas of a typical development into areas having minimum length and width dimensions so that these areas might be used for play or relaxation, i.e., be usable.

1. Basic Requirement (See Definitions).

a. Two hundred fifty square feet of usable space shall be located on site for each unit proposed.

b. Usable space for common usage shall be set aside unless each unit has access to its own private usable space. Usable space for private use shall have a minimum dimension of four feet by 10 feet or, for common usage, shall have a minimum dimension of 20 feet by 20 feet. However, every unit must have access to a usable space area.

c. Usable space that is open to the sky and consists of nonimpervious or semi-impervious surfacing (such as grass grid or decking which permits the weather to pass through) may also be counted as open space.

2. Bonus Provision.

a. One square foot of common recreational usable space shall count as two square feet of the required amount of usable space if it contains, in the opinion of the planning director, recreational equipment of significance.

b. One square foot of private usable space shall count as three square feet of the required amount of usable space if within a “view” area, as identified in the neighborhood plan, and is oriented toward that view.

G. Height – Basic Requirement.

1. The maximum building height development taking place at a lower density than 1,500 plus square feet per unit shall not exceed 35 feet under BMC 20.08.020, height definition No. 1 or 20 feet under height definition No. 2.

2. The maximum building height for development taking place at a density of 1,500 square feet per unit or greater shall not exceed 45 feet under BMC 20.08.020, height definition No. 1 or 25 feet under height definition No. 2.

3. Exceptions.

a. If abutting or across an alley from property designated residential single, the maximum above grade height adjacent to that single area shall be two stories, except when abutting Areas 3 and 9 of the lettered streets neighborhood.

b. The basic requirement shall not apply where specific exception is provided for the relevant area in the applicable neighborhood plan.

c. For development taking place at a density of 1,500 square feet per unit the basic height requirement may be exceeded where conditional use approval is granted pursuant to BMC 20.16.020(G)(2).

H. Minimum Yards.

1. Residential multi proposals shall meet the following building setbacks as shown in Table 20.32.040 – Residential Multi Minimum Yards:

Table 20.32.040 – Residential Multi Minimum Yards

Yards

Setbacks

Measurements

Front and Side Yard Setbacks on a Flanking Street

40 feet CL (1)

Setback measured from the centerline (CL) of the street right-of-way.

50 feet CL if designed street arterial (1)

Side Yard Setback

10 feet PL – first story

Setbacks measured from each side property line (PL) to the wall of the subject story. (2)

12.5 feet PL – second story

15 feet PL – third story

17.5 feet PL – fourth story

Rear Yard Setback

20 feet PL – first story

Setbacks measured from the rear property line (PL) to the wall of the subject story. (2)

25 feet PL – second story

30 feet PL – third story

35 feet PL – fourth story

Notes:

1. At the property owner’s option, when 40 percent or more of all lots or parcels on one side of a block between two intersecting streets have been built up with buildings of less depth than that required by this chapter, then the average depth of the front yards may be the required yard for that side of the block. For the purpose of calculating the average depth, buildings that exceed the front yard setback shall be calculated to the standard minimum front yard setback. This front yard setback option is not applicable to garages and carports, which shall comply with the standard front yard setback requirement. Yard encroachments may be permitted per BMC 20.10.080(B).

2. Applicable setbacks shall be determined by the number of stories facing subject property line.

2. Exception. Permitted yard encroachments identified in BMC 20.10.080(B) may extend into a standard required yard; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.

I. Limitation on Number of Rooms in Duplex Dwelling Units in Residential Multi, Duplex Districts. No duplex dwelling unit or attached single-family dwelling unit located in a residential multi, duplex district may contain more than three rooms in addition to the following:

1. One kitchen.

2. Bathrooms.

3. One living room.

The dwelling may also contain other rooms that are less than 70 square feet in area.

The purpose of this provision is to limit the number of bedrooms to no more than three per dwelling. The planning director shall have the authority to determine whether a space constitutes a room. The provisions of this subsection do not apply in residential multi, multiple districts.

Nothing contained in this subsection shall be construed so as to prevent the construction of, or the issuance of permits for the construction of, structures which reasonably accommodate the residential needs of disabled persons. This subsection shall be construed so as to be in compliance with the Fair Housing Act, the Americans with Disabilities Act and the Washington Law Against Discrimination. [Ord. 2017-03-009 § 27; Ord. 2011-07-036; Ord. 2008-12-111 § 6; Ord. 2004-09-065; Ord. 2002-10-069 § 53; Ord. 2001-11-077 § 3; Ord. 9244 §§ 1, 2, 1983; Ord. 9173 § 3, 1983; Ord. 9024, 1982].

20.32.045 Duplex/attached single-family duplex regulations.

A. Applicability. The following regulations shall be applied to development upon lots created by subdivision for single-family attached duplex units.

B. Minimum Site Area. Each lot shall contain a minimum site area not less than one-half of the area specified in the applicable neighborhood plan under “density.”

C. Lot Coverage. No more than 40 percent of the total site area shall be covered by structures (eave to eave).

D. Open Space. A minimum of 40 percent of the total site area (each lot) shall be left as open space. Landscape-based LID BMPs may be used and shall count toward open space requirements.

E. Minimum Yards.

1. Front Yard. The required front yard setback will be determined by averaging the existing setbacks of the abutting structures on either side of the proposed development. However, if an abutting structure has a variation of more than six feet from the standard multifamily setback, the average shall be determined by using the next adjacent property. If no development exists adjacent to the proposed site, standard multifamily front yard setbacks shall apply (BMC 20.32.040(H)(1)).

2. Side Yard on a Flanking Street. A 40-foot setback measured from the centerline of the street right-of-way to the foundation of the structure shall be provided. However, if said street is a designated arterial, then the setback shall increase to 50 feet.

3. Interior Side Yard. A five-foot side yard setback shall be provided on the side not attached; measured from the side property line to the foundation of the structure.

4. Rear Yard. There shall be a 10-foot rear yard setback; measured from the rear property line to the foundation of the structure.

5. Exceptions. Permitted yard encroachments identified in BMC 20.10.080(B) may extend into the standard required yards; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.

F. International Building Code Requirements. All International Building Code requirements, provided in BMC Title 17, shall be met for attached housing/zero lot line development.

G. Common Wall Agreement. A common wall agreement must be submitted and approved as to form only by the planning division and city attorney’s office. This agreement shall address the relative rights and responsibilities of the property owners of each unit regarding the following:

1. Exterior and common wall structural maintenance; and

2. Painting and colors; and

3. Reconstruction of a unit due to fire or natural hazard damage. The common wall agreement shall be recorded as a covenant running with the land and shall not be revoked without approval of the city attorney. The common wall agreement shall be recorded at the auditor’s office prior to the issuance of a building permit.

H. Height. Height regulations shall be those specified for standard multifamily development, BMC 20.32.040(G).

I. Parking. Parking requirements shall comply with standard single-family development for each unit, BMC 20.30.060.

J. Attached Units Restriction. Attached common wall structure shall be required or the lots shall be bound by covenant. Detached single-family shall not be allowed on lots created for attached single-family.

K. Limitation on Number of Rooms in Attached Single-Family Duplexes in Residential Multi, Duplex Districts. No attached single-family duplex dwelling unit located in a residential multi, duplex district may contain more than three rooms in addition to the following:

1. One kitchen.

2. Bathrooms.

3. One living room.

The dwelling may also contain other rooms that are less than 70 square feet in area.

The purpose of this provision is to limit the number of bedrooms to not more than three per dwelling. The planning director shall have the authority to determine whether a space constitutes a room. The provisions of this subsection do not apply in residential multi, multiple districts.

Nothing contained in this subsection shall be construed so as to prevent the construction of, or the issuance of permits for the construction of, structures which reasonable accommodate the residential needs of disabled persons. This subsection shall be construed so as to be in compliance with the Fair Housing Act, the Americans with Disabilities Act and the Washington Law Against Discrimination. [Ord. 2017-03-009 § 28; Ord. 2011-07-036; Ord. 2001-11-077 § 4; Ord. 10469 § 6, 1993].

20.32.050 Optional development regulations.

A. Applicability.

1. The regulations of this section are optional and may be used when constructing a permitted use upon property designated:

a. Residential multi-duplex.

b. Residential multi multiple.

2. All regulations of BMC 20.32.040 shall apply except for those related to lot coverage and minimum yards, and where permitted by the neighborhood plan, usable space.

B. Purpose.

1. The standard setback and lot regulations place uniform restriction upon a building’s size and location on a lot. Their goal is to provide adequate light and air, and lessen a building’s visual impact upon adjacent property owners. The optional regulations attempt to reach that same goal through other means while providing an opportunity to fully utilize the building site’s opportunities.

2. The lot coverage option permits the standard lot coverage percentage to be exceeded to one of four higher levels. With each level, increased building articulation is required. Articulation helps to visually camouflage a building’s size. Since the density would remain constant, the increasing lot coverage will result in increased living space, rather than additional dwelling units.

3. The setback option is intended to eliminate the unusable areas on a development site. Since the open space and usable space requirements would remain unchanged, it is the intent of these regulations that use of this option will result in the compilation of these small areas into bigger usable space areas.

4. The usable open space option is intended to encourage the development of lots already serviced by city utilities, provide the developer of small platted infill lots with an alternative – a financial contribution toward meeting the usable space demands generated by the development – and still be able to maximize investment with an optimum number of units. Usable open space in such areas can be provided on a neighborhood basis. It is intended that the optional financial contributions be used to upgrade or obtain public open space in an area benefitting the subject property.

C. Lot Coverage Option. The 35 percent coverage requirement may be exceeded to the maximum allowed for the applicable level, provided the conditions for that level are satisfied, as specified below:

1. Lot Coverage Level 1 (Maximum 45 Percent Coverage) – Conditions.

a. The proposed structure(s) is not located within a designated “view,” “shoreline,” “flood” special condition area, upon property with a property line to property line slope in excess of 30 percent, or upon property abutting or across an alley from property designated residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

b. The wall to property line ratio on all property lines is at least 1:2.

c. At least one-third of the required parking spaces are covered. (See Figure 20.32.050(C).)

2. Lot Coverage Level 2 (Maximum 55 Percent Coverage) – Conditions.

a. The proposed structure(s) is not located within the jurisdiction of a “view,” “shoreline,” “flood” special condition area, upon property with a property line to property line slope in excess of 30 percent, or upon property abutting or across an alley from property designated residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

b. The wall to property line ratio on all property lines is at least 1:3.

c. At least one-third of the required parking spaces are covered. (See Figure 20.32.050(D).)

3. Lot Coverage Level 3 (Maximum 65 Percent Coverage) – Conditions.

a. The proposed structure(s) is not located within the jurisdiction of a “view,” “shoreline,” “flood” special condition area, upon property with a property line to property line slope in excess of 30 percent, or upon property abutting or across an alley from property designated residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

b. The wall to property line ratio on all property lines is at least 1:4.

c. At least two-thirds of all required parking spaces are covered. (See Figure 20.32.050(E).)

4. Lot Coverage Level 4 (Maximum 75 Percent Coverage) – Conditions.

a. The proposed structure(s) is not located within the jurisdiction of a “view,” “shoreline,” “flood” special condition area, upon property with a property line to property line slope in excess of 30 percent, or upon property abutting or across an alley from property designated as residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

b. The wall to property line ratio on all property lines is at least 1:5.

c. All required parking is covered. (See Figure 20.32.070.)

D. Minimum Yards Option.

1. Front yard and side yard on a flanking street shall meet standard building regulations.

2. Interior Side Yard.

a. Walls without windows may extend into the standard interior side yard to three and one-half feet from the side property line if a one story building or to within five feet if a two story building, provided:

i. The building height does not exceed two stories within the standard side yard.

ii. The lot abutting the reduced yard does not contain an existing building with a window facing and within 10 feet of the proposed building line.

iii. The subject property is not abutting or across an alley from property designated residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

iv. The total length of the building wall within the standard interior side yard constitutes no more than 40 percent of the total side lot line length. (See Figure 20.32.050(D).)

b. “Window” walls may extend into the standard interior side yard, provided:

i. Such wall is not closer than 10 feet to the side property line or seven feet if facing a screen or proposed screen at the subject lot line.

ii. The length of such wall within the side yard setback does not constitute more than 40 percent of the total side lot line length.

c. Door sections may extend into interior side yards but not closer than 10 feet to the side property line.

3. Rear Yards.

a. Door sections and walls without windows may extend into the standard rear yard setback to within 10 feet of the rear property line, provided:

i. The subject property is not abutting or across an alley from property designated residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

ii. The total length of the building wall within the standard rear yard constitutes no more than 40 percent of the total rear lot line length.

iii. The building height does not exceed two stories within the standard rear yard. (See Figure 20.32.050(E).)

b. Window walls may extend into the standard rear yard setback, provided:

i. Such wall on the first story is not closer than 10 feet to the rear property line or 20 feet on the second story.

ii. The building height does not exceed two stories within the standard rear yard.

iii. The subject property is not abutting or across an alley from property designated residential single (except when abutting Areas 3 and 9 of the lettered streets neighborhood).

iv. The length of such wall within the rear yard setback does not constitute more than 40 percent of the total rear lot line.

4. Exception. Permitted yard encroachments identified in BMC 20.10.080(B) may extend into the minimum yards required by subsection (D) of this section; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.

E. Usable Space Option. Where permitted by neighborhood plan, usable space may be eliminated or decreased, provided the following conditions are met:

1. The remainder of the usable space required (a total of 250 square feet for each unit proposed) may be reduced or eliminated, provided payment in lieu of usable space is made in accordance with the following schedule:

Gross Square Footage of Land Per Unit

Fee Per Unit in Lieu of Usable Space

Less than 750

$325

750 – 999

300

1,000 – 1,499

275

1,500 – 1,999

250

2,000 – 2,499

225

2,500 – 2,999

200

More than 3,000

175

2. The fee per unit in lieu of usable space shall be determined by subtracting the amount of usable space provided from the amount required and dividing that number by the number of units proposed. This result shall be multiplied by the applicable fee per unit, based on the gross square footage of land per unit.

3. All fees paid in lieu of usable space shall be paid at the time of building permit issuance.

Figure 20.32.050(A)

Figure 20.32.050(B)

Figure 20.32.050(C)

Figure 20.32.050(D)

Figure 20.32.050(E)

[Ord. 2011-07-036; Ord. 2008-12-111 §§ 7 – 13; Ord. 9643 § 3 – 5, 1987; Ord. 9024, 1982].

20.32.060 Parking.

A. Applicability. Duplexes and multifamily dwelling units (apartments) shall comply with the parking regulations contained herein. All other uses shall comply with the applicable requirements contained in Chapter 20.12 BMC.

B. Number of Spaces Required.

1. Duplexes and multifamily dwelling units shall provide the following upon construction:

a. One parking space for each studio (no bedroom) unit.

b. One and one-half parking spaces for each one or two bedroom unit.

c. Two parking spaces for each three bedroom unit.

d. Duplex with four or more bedrooms: one parking space per bedroom. No more than two parking spaces per unit may be located in an enclosed garage.

e. Multifamily: one additional for each bedroom over three per unit. No more than two parking spaces per unit may be located in an enclosed garage. This provision shall not limit the number of parking spaces that may be provided in common areas in an enclosed under-building parking floor or structure.

f. See Chapter 20.12 BMC for senior citizen housing provisions.

2. All required half spaces shall be rounded to the higher number. The director shall have the authority to determine whether or not a room constitutes a bedroom if the purpose of the room is not clear.

C. General Provisions.

1. All required parking shall be located off street and on the subject property in areas which meet the minimum requirements of this section. Parking on the public right-of-way shall not be considered as off-street parking. Shared parking may be allowed pursuant to BMC 20.12.010(A)(6).

2. Scaled parking plans shall be required which indicate ingress, egress, grade, base and surface materials as well as parking lot dimensions.

3. Off-street parking for single-family and duplex dwellings shall be a minimum of nine feet in width by 18 feet in length (unless adjacent to landscaping, as specified in Figure 20.12.030(A)) with 22 feet of maneuvering aisle depth behind each space. Off-street parking dimensions for other uses shall not be less than shown on BMC 20.08.020, Figures 10, 11 and 12.

4. Unapproved revision to any approved parking facility which would affect the design, or failure to maintain the facility in accordance with good practice shall be deemed a violation of the land use development ordinance. Failure to keep the parking lot surface reasonably clean of debris, failure to keep storm drain catch basins properly clean and functioning, failure to replace dead plant material, or to remove noxious weeds shall be specifically included in the term “failure to maintain the facility in accordance with good practice.”

D. Design Provisions.

1. The parking facility shall be totally located within the subject property lines except for ingress and egress areas and maneuvering areas as permitted below.

2. a. Alley rights-of-way may be utilized toward meeting the maneuvering area required herein.

b. Where Required by Special Regulation in Chapter 20.00 BMC – Zoning Tables. When access is available from a city maintained alley, no vehicular access shall be taken from the street frontage except when the planning director determines that alley access is impractical or environmentally constrained.

3. No portion of an open parking facility shall be located within five feet of any property line except for ingress and egress areas or when alleys are used for maneuvering. This five-foot setback may be waived by the director when:

a. An alleyway is used for direct access; and

b. The landscaping is replaced with a fence which screens from view the parking area; and

c. The elimination of the five-foot parking setback will result in the provision of additional parking spaces beyond that required in the land use development code.

4. An area of at least five feet in width and 10 feet in length must be provided to separate every 20 open and adjacent parking spaces.

5. No portion of any open parking facility shall be located within five feet of any property line abutting upon property with a residential single general use type.

6. No portion of any parking area shall be permitted within any required front yard, in any required side yard on a flanking street, vision clearance triangle or other front yard setback established on the recorded plat (e.g., a lot frontage such as a pipestem that does not meet minimum lot width and is not buildable.) Driveway crossings and tandem parking within a driveway, when allowed by other city codes, are not prohibited by this provision. Single-family homes and duplexes that are required to provide on-site maneuvering due to driveway access onto an arterial street or location near an intersection under BMC 20.12.010(D)(7) are not prohibited from providing a single backup area within the front yard or side yard on a flanking street.

7. a. All required parking spaces shall be designed such that any vehicle parking in any space may enter and exit without interference or blocking any other vehicle parking in any other required space, except as allowed in subsection (D)(7)(b) of this section.

b. Tandem parking (two cars maximum) as allowed when enclosed within a structure.

i. Tandem parking garages shall be set back a minimum of four feet from the front face of a building.

E. Improvement Standards.

1. Hard surfacing shall be required for all portions of the parking facility including those portions within the right-of-way; provided, however, permeable paving is required for hard surface ground cover areas unless infeasible, per infeasibility criteria found in BMP T5.15 of the Ecology Manual.

2. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met.

3. Wheel stops shall be installed to protect landscaping areas and in other areas where it is necessary to maintain an orderly parking pattern.

4. All parking facilities, except duplexes, shall be clearly marked as to stalls and traffic flow, and for handicapped and compact spaces.

5. Drainage systems for parking facilities shall be designed and approved in accordance with Ordinance No. 8827, as amended.

6. The public works department shall approve the location of all curb cuts. A driveway for a duplex shall not exceed 20 feet in width within a front yard or side yard on a flanking street. For other uses, no single curb cut shall be wider than 30 feet. For parking lots with less than 10 spaces, the curb cut shall be no wider than 12 feet. Parking lots with separate points of ingress and egress shall have no more than a 12-foot curb cut separated by a distance of at least 20 feet and shall comply with arterial street access, Chapter 13.52 BMC, Driveways Giving Access to Arterial Streets. [Ord. 2017-03-009 § 29; Ord. 2006-12-122; Ord. 2006-12-121; Ord. 2003-03-010; Ord. 2001-04-033 §§ 7, 10; Ord. 9582 §§ 9, 13, 16, 1986; Ord. 9024, 1982].

20.32.070 Landscaping.

A. General Provisions.

1. The provisions of this section shall apply to all new construction and to remodeling when the cost of remodeling exceeds 50 percent of the assessed valuation of the structure to the extent that there is space available.

2. Prior to issuance of a building permit, a scaled landscape site plan shall be submitted and approved by the planning department consistent with the provisions herein. Said plan shall specify species name, size and location.

3. Landscaping pursuant to the approved site plan shall either be installed or bonded for (in an amount no less than 150 percent of cost of material and installation) prior to issuance of a certificate of occupancy or if no certificate is required prior to final inspection approval.

4. Existing trees which will be saved and which meet the minimum specification herein specified, shall count toward meeting the requirements herein, provided they are of an acceptable species as to their location.

5. The maintenance of all required landscaping shall be a continuing obligation.

B. Requirements (See Figure 20.32.070).

1. Street Trees. One street tree shall be provided for every 50 feet of street frontage abutting the property. Said trees shall be installed adjacent to the right-of-way within the property lines or within the right-of-way subject to the approval of the public works and parks department.

2. Garbage receptacle areas shall be screened on at least two sides. (Duplexes are exempt from this requirement.)

3. A minimum of 25 percent of the required open space shall be landscaped. Landscape-based LID BMPs shall count toward this requirement.

4. Parking.

a. For every 10 open parking spaces, one tree shall be installed around the facility perimeter. These trees may be grouped or spread lineally.

b. Separation areas as required in BMC 20.32.060(D)(4) shall be landscaped.

c. Areas between the parking facility and adjacent property as required in BMC 20.32.060(D)(3) and (5) shall be landscaped if the adjacent property is of the same general use type. If the adjacent property is of a different general use type, said area shall be screened.

d. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met.

e. Unless infeasible, landscape-based LID BMPs shall be used within parking lot landscaping to meet drainage requirements. This requirement does not apply to parking provided within structures.

5. One tree shall be required for every 25 feet of freeway frontage abutting the property and shall be installed along that frontage.

6. Outside storage areas shall be screened.

C. Standards.

1. Trees.

a. Species.

i. Street Trees. As recommended in the Bellingham street tree plan and approved by the parks department.

ii. Other Required Trees. Species shall be native to the area or recognized as being easily adaptable to the climate.

b. Size (Unless Otherwise Specified).

i. Street trees shall be no less than 10 feet in height at time of installation with a minimum diameter of two and one-half inches measured one foot above grade.

ii. Other required trees shall be no less than six feet in height at time of installation with a minimum diameter of one inch measured one foot above grade.

c. Spacing and Location.

i. Street trees shall be spaced and installed as recommended in the Bellingham street tree plan subject to approval of public works and parks department.

ii. Other required trees may be installed where desired by the applicant within the requirements of this section.

2. General Planting.

a. No landscape bed shall have artificial impervious material placed underneath the surface bed.

b. i. Provisions should be taken to ensure each landscape bed has proper drainage.

ii. The excavation pocket should be dug 12 inches below the root ball and six inches larger in circumference around the root ball. The excavation pocket should be filled with an approved planting mix.

iii. Each excavation pocket should take provision to ensure proper drainage. If the subsoil is impervious, an additional foot of excavation backfilled with gravel to lower the water table should be required or an auger hole sunk down to porous material and the hole sack filled with gravel to the bottom of the planting pocket.

iv. All trees over eight feet high should be securely staked or guyed until the roots become established but in no case less than one year. Street trees should be staked according to the staking guidelines of the street tree plan.

Figure 20.32.070

[Ord. 2017-03-009 § 30; Ord. 2001-04-033 § 12; Ord. 9024, 1982].

20.32.080 Special conditions.

A. Special Districts. The following terms identified as special conditions in the land use classification system refer to overlay zones or additional regulations which may be applicable to a land use area where the term appears:

1. Shoreline.

2. Flood.

3. View.

4. Clearing.

Where no ordinance covering one of the above terms has been passed or shoreline master plan has been approved by the city, these terms shall not be applicable. In areas where one of the following terms is stated in the land use classification system, compliance with the provisions of the respective regulation will be required pursuant to the terms of that program or ordinance:

Term

Regulation

“Shoreline”

Shoreline Management Master Program

B. Special Concerns. The remaining words identified as special conditions in the land use classification system are special concerns which are site-specific in nature. The designation of a special concern in an area will not result in any requirements being imposed on development proposals in that area pursuant to this title other than those which require discretionary permits. Rather, these special concerns identify problems which may form the basis of conditions to be attached to a development proposal pursuant to discretionary approval under this title (variance, conditional use, or approval pursuant to the planned or institutional development regulations), subdivision approval (long plat), or the State Environmental Policy Act (Chapter 43.21C RCW as implemented by city Ordinance No. 8515, as amended).

Any conditions attached to discretionary approval of a project pursuant to this section shall be based upon the special concern as explained by language (if any) contained in either the introductory paragraph to the area classification system or in the preceding text as well as the goals of the comprehensive plan and shall be attached only to satisfy the appropriate standards for issuance of such approval; provided, that conditions to proposals which are based upon such special concerns shall be formulated so as to allow the reasonable use of property for a purpose to which it is suitably adapted. [Ord. 9024, 1982].

20.32.090 Prerequisite considerations.

A. Purpose. Prerequisite considerations are enumerated in the neighborhood plan land use classification system of the comprehensive plan in order to prevent the overcrowding of land in relation to the existing provision of essential services, to lessen congestion of streets, to provide for orderly and coordinated development, to conserve and restore natural beauty and other natural resources and facilitate provision of adequate transportation, water, sewerage, and other public services.

B. Effect.

1. Prerequisite considerations are items which shall be addressed by the responsible official in conjunction with any proposal not exempt from the State Environmental Policy Act (SEPA) or by the decision-making body in regard to those projects which require discretionary approval.

2. Any conditions attached to discretionary approval of a project pursuant to this section shall be based upon the prerequisite consideration as explained by language (if any) contained in either the introductory paragraph to the area classification system or in the preceding text of the neighborhood plan, as well as the goals of the comprehensive plan.

3. Conditions based upon prerequisite considerations shall be formulated to correspond to the degree of impact which the specific development proposal is anticipated to have upon the situation giving rise to the prerequisite consideration; provided, that conditions to proposals which are based upon such prerequisite considerations shall be formulated so as to allow the reasonable use of property for a purpose to which it is suitably adapted.

4. In the event a mechanism exists which will ensure that a prerequisite consideration will be satisfied at an appropriate time, the responsible official or decision-making body may approve the development proposal conditioned upon such future performance. Where the responsible official or decision-making body decides that the prerequisite consideration is inapplicable to a development proposal and attaches no corresponding condition, the rationale for such decision shall be specifically set out in findings of fact.

C. The city of Bellingham shall adopt a capital improvement plan which shall address specifically the prerequisite considerations delineated in the Bellingham plan and include a priority within which the developmental problems recognized by the prerequisite considerations should be resolved.

D. User Information. If there are any prerequisite considerations listed in the applicable neighborhood plan land use classification system, consult the office of planning and development for guidance prior to project plan preparation. [Ord. 9024, 1982].

20.32.100 Signs.

A. Generally. No signs are permitted unless specifically authorized herein. (See also BMC 20.32.130, Vision clearance triangle.)

B. Regulation by Use.

1. A duplex or multifamily dwelling unit shall be permitted one sign for every abutting street, which may be indirectly or internally lighted, not to exceed 16 square feet. Message shall be limited to name of complex and address only.

2. A home occupation shall be permitted one sign not more than two square feet in area, flush to the building. Message shall be limited to name/address/phone number of occupant/business only.

3. Any nonresidential use (conditional or mixed use) shall be permitted one sign, which may be indirectly or internally lighted, not to exceed 32 square feet per sign face. Message shall be limited to name and address of the use.

4. One temporary building sign, unlighted, not to exceed 16 square feet shall be permitted.

5. One real estate sign, unlighted, not to exceed 16 square feet shall be permitted per street frontage.

6. Two open house directional signs, not to exceed eight square feet per sign face may be placed in the unpaved portion of the street right-of-way only during daylight hours and only when seller or agent is in attendance of property for sale. Signs shall not be located in the vision triangle, obstruct vision at intersections, interfere with traffic of any kind, or create a traffic hazard.

7. Signage for nonconforming uses shall be reviewed and approved as a conditional use by the hearing examiner and shall meet the sign regulations for other conditional uses within the applicable land use designation. [Ord. 2002-10-069 § 53; Ord. 9582 § 8, 1986; Ord. 9024, 1982].

20.32.110 Accessory buildings and uses.

A. Generally.

1. Uses and buildings accessory to the permitted principal use shall be allowed unless specifically prohibited.

2. Uses accessory to a conditional use shall be permitted outright if contained within the main building. Buildings accessory to the main building of a conditional use shall be permitted outright if less than 800 square feet in total floor area. However, if said building will exceed 800 square feet in total floor area, separate conditional use approval is required.

3. Exempt home occupations and babysitting shall be considered an accessory use.

B. Regulations.

1. The regulations of BMC 20.32.040 shall apply to all accessory buildings except that accessory buildings may be located in a rear yard and in the rear 22 feet of an interior side yard. However, a garage, the entrance of which faces the rear lot line, shall not be located within 10 feet from the rear lot line.

2. Accessory buildings shall not be constructed prior to the commencement of the construction of the main building. [Ord. 9024, 1982].

20.32.120 Fences.

A. Fences, walls, and hedges when located within a “required yard” shall not exceed the following height limits:

1. Front yard on an interior lot

54"

(4' 6")

2. Front yard on a corner lot

42"

(3' 6")

3. Side yard on a flanking street

42"

(3' 6")

4. Interior side and rear yards

72"

(6')

5. Vision clearance triangle

36"

(3')

B. Fences, walls and hedges when located on private property but not located within a required yard shall not exceed the height limitations otherwise applicable to structures.

C. Fences, walls and hedges may be permitted to exceed the maximum height if the following is submitted and an administrative exception is approved as provided below:

1. Plans showing the location of the proposed fence and all buildings within 50 feet.

2. An illustrative drawing of the fence, type of construction material, and the proposed height.

3. The written consent of all abutting property owners.

Upon submittal of the information, the planning and public works directors or their delegates in order to approve the exception must find that the fence as proposed will not be detrimental to the neighborhood in terms of view, light, and air; nor injurious to traffic safety. [Ord. 9024, 1982].

20.32.130 Vision clearance triangle.

A. All corner lots which are required to have a front yard and side yard on a flanking street shall provide and maintain a clear vision triangle at the intersection of the street rights-of-way for the purpose of traffic safety.

B. The vision triangle shall be the area defined within boundaries determined by measuring 20 feet along both the front and side fee title property lines and diagonally connecting the ends of the two lines. (See BMC 20.08.020, Figure 7.)

C. No building, structure, vehicle, object, sign or vegetative growth over 36 inches in height shall be permitted within this triangle; provided, however, that the public works department may authorize the location of one sign within this triangle, subject to the provisions of BMC 20.32.100 and any other applicable sign regulation, if the lowermost portion of the sign is at least nine feet above the ground and the support for said sign will not in their opinion constitute a traffic hazard.

D. It shall be the responsibility of the property owner abutting the vision triangle to maintain the visibility within this triangle pursuant to the requirements herein. [Ord. 9024, 1982].