Chapter 20.37
URBAN VILLAGE

Sections:

Article I. General Provisions

20.37.010    Applicability.

20.37.020    Purpose and intent.

20.37.030    Infill incentive program – Reducing system development charges and permit fees.

Article II. Samish Way Urban Village

20.37.100    Samish Way urban village – Applicability.

20.37.110    Samish Way urban village – Establishment of boundaries and land use areas.

20.37.120    Samish Way urban village – Permitted uses.

20.37.130    Samish Way urban village – Development.

20.37.140    Samish Way urban village – Street improvements.

20.37.150    Samish Way urban village – Parking.

20.37.160    Samish Way urban village – Landscaping.

20.37.170    Samish Way urban village – Signs.

Article III. Fountain District Urban Village

20.37.200    Fountain district urban village – Applicability.

20.37.210    Fountain district urban village – Establishment of boundaries and land use areas.

20.37.220    Fountain district urban village – Permitted uses.

20.37.230    Fountain district urban village – Development.

20.37.240    Fountain district urban village – Street improvements.

20.37.250    Fountain district urban village – Parking.

20.37.260    Fountain district urban village – Landscaping.

20.37.270    Fountain district urban village – Signs.

20.37.280    Fountain district village – Lighting.

Article IV. Fairhaven Urban Village

20.37.300    Fairhaven urban village – Applicability.

20.37.310    Fairhaven urban village – Establishment of boundaries and land use areas.

20.37.320    Fairhaven urban village – Uses.

20.37.330    Fairhaven urban village – Development regulations.

20.37.340    Fairhaven urban village – Street improvements.

20.37.350    Fairhaven urban village – Parking.

20.37.360    Fairhaven urban village – Landscaping.

20.37.370    Fairhaven urban village – Signs.

Article V. Waterfront District Urban Village

20.37.400    Waterfront district urban village – Applicability.

20.37.410    Waterfront district urban village – Establishment of boundaries and land use areas.

20.37.420    Waterfront district urban village – Uses.

20.37.430    Waterfront district urban village – Development regulations.

20.37.440    Waterfront district urban village – Sustainability.

20.37.450    Waterfront district urban village – Parking.

20.37.460    Waterfront district urban village – Complete streets.

20.37.470    Waterfront district urban village – Landscaping.

20.37.480    Waterfront district urban village – Signs.

Article VI. Downtown District Urban Village

20.37.500    Downtown district urban village – Applicability.

20.37.510    Downtown district urban village – Establishment of boundaries and land use areas.

20.37.520    Downtown district urban village – Uses.

20.37.530    Downtown district urban village – Development regulations.

20.37.540    Downtown district urban village – Parking.

20.37.550    Downtown district urban village – Landscaping.

20.37.560    Downtown district urban village – Signs.

Article I. General Provisions

20.37.010 Applicability.

Regulations specified in this chapter shall apply to the use of land within areas that have been designated by the applicable neighborhood plan to have an urban village designation. [Ord. 2009-11-069].

20.37.020 Purpose and intent.

A. Generally. The urban village designation is intended to implement comprehensive plan goals and policies directing much of the city’s future growth within compact urban centers (or “villages”) while preserving the character of existing residential neighborhoods. This designation is intended to accommodate a compatible mix of residential, commercial, light industrial, public, and institutional land uses. The ultimate mix of land uses, appropriate densities, infrastructure requirements and other typical zoning, design and development standards shall be established in a master plan that would be developed by the city and/or by property owners working with the city. Master plans are implemented by development and design standards and regulations adopted within this chapter.

B. Use qualifiers are generally assigned to each urban village based on the name or location of the particular urban village. Individual development and design standards are developed for each urban village, consistent with an adopted master plan, to respond to the existing or intended qualities and character unique to each village. These regulations are to be used together with any other general regulations within this title that apply to all urban village development.

C. The Samish urban village qualifier is intended to implement the Samish Way urban village plan which provides a policy framework for a 68-acre area surrounding Samish Way, generally located west of I-5, east of 34th Street, north of Bill McDonald Parkway and south of Edwards Street.

D. The fountain district urban village qualifier is intended to implement the fountain district urban village plan which provides a policy framework for a 90-acre area surrounding Meridian Street and Elm Street/Northwest Avenue, generally located north of Girard and south of W. Illinois.

E. The Fairhaven urban village qualifier is intended to implement the Fairhaven neighborhood and urban village plan which provides a policy framework for an approximately 190-acre area generally located north of Cowgill Avenue, west of 14th Street, south of Knox Avenue, and east of Bellingham Bay.

F. The waterfront district urban village qualifier is intended to implement the waterfront district subarea plan, which provides a policy framework for an approximately 237-acre area generally located along the Bellingham waterfront north of Boulevard and Wharf Street, west of the downtown district commercial area, and south of Roeder Avenue and the I & J Waterway.

G. The “downtown district” urban village use qualifier is intended to implement the downtown Bellingham plan which provides a policy framework for an approximately 269-acre area generally located east of the waterfront and old town districts, south of F, Ellsworth, D, Halleck, New and Ohio Streets, west of Franklin Street, and north of Oak, Garden and Chestnut Streets. [Ord. 2014-09-049 § 51; Ord. 2013-12-090 § 9; Ord. 2012-08-041 § 12; Ord. 2010-10-057; Ord. 2009-11-069].

20.37.030 Infill incentive program – Reducing system development charges and permit fees.

A. Purpose. The purpose of this section is to adopt an infill incentive program to encourage development and redevelopment within the city’s downtown urban village established in BMC 20.37.210 and the old town overlay district established in BMC 20.35.060 by providing a partial reduction of system development charges and permit fees for eligible projects.

B. Definitions. The following definitions apply throughout this section:

“Development charges” means all planning and permit fees, including, but not limited to, the public works, building, mechanical, plumbing, electrical, land use and fire permit fees established in Chapter 14.32 BMC and Resolutions 2004-20, 2005-28, 2006-40, 2007-23, 2007-26, 2009-26, and 2011-18, as amended, and all system development charges established in BMC 15.08.250, 15.12.175, and 15.16.030.

“Director” means the director of the city of Bellingham planning and community development department.

“Eligible project” means a major construction project or major renovation project located within the downtown district urban village established in BMC 20.37.210 or old town overlay district established in BMC 20.35.060; provided, that the project is consistent with the applicable urban village plan and development regulations.

“Major construction project” means construction of a new building with at least three stories or 35 feet in height as defined in BMC 20.08.020.

“Major renovation project” means construction of improvements to a building existing as of the date of adoption of the ordinance codified in this section of at least 10,000 total square feet and two stories in height where the cost of construction is reasonably anticipated to exceed 50 percent of the assessed value of the existing building.

“Program allocation” means the amount of general fund money allocated to the infill incentive program by city council through the budget process for fiscal years 2016, 2017, and 2018. The term also includes any funds allocated to the infill incentive program that remain unencumbered at the end of 2018 and that are reappropriated by city council through the budget for expenditure in subsequent years.

C. Program Allocation. City council shall determine, through the budget process, the amount of general fund money to be allocated in 2016, 2017, and 2018 to pay the cost of the infill incentive program. Any funds allocated to the program during the budget process that remain unencumbered at year end may be reappropriated to the program for expenditure in subsequent years.

D. Term. The infill incentive program established through this section shall commence January 1, 2016, and expire December 31, 2018; provided, that the infill incentive program shall extend beyond December 31, 2018, for the limited purpose of administering any funds remaining in the program allocation.

E. Application for Infill Incentive. Applications shall be made in accordance with the forms and procedures developed by the director. The director shall review and decide applications on a first-come, first-served basis.

F. Application – Review. Upon application by the developer, the director shall grant a partial exemption of 50 percent of development charges applicable to the project; provided, that the following requirements are met:

1. The director determines that the project is an eligible project.

2. Sufficient funds exist in the program allocation to pay the exempted portion of applicable development charges. If insufficient funds exist in the program allocation to pay 50 percent of applicable development charges, the director may grant a lesser exemption equal to the funds remaining in the program allocation.

3. The applicant executes an infill incentive contract in accordance with subsection (G) of this section.

G. Vesting. Exemptions granted under this section shall vest upon execution of an infill incentive contract signed by the applicant and the director, and approved as to form by the office of the city attorney, which establishes benchmarks for project completion and allows the director to revoke any exemption granted under this section if established benchmarks are not met. The base amount of applicable development charges shall be determined on the date such charges are due and payable, without regard to the date the exemption vested.

H. Administrative Procedures. The director may establish administrative procedures for the implementation of this section. These procedures will include an annual report to city council on the program’s effectiveness. [Ord. 2015-12-048 § 1].

Article II. Samish Way Urban Village

20.37.100 Samish Way urban village – Applicability.

A. Regulations specified within this article shall apply to the use of land within the Samish Way urban village.

B. Should the provisions of this article conflict with any other provision of the Bellingham Municipal Code, except critical areas ordinance, shoreline master program, stormwater regulations or Chapter 20.28 BMC, Infill Housing, the provisions of this article shall apply.

C. Nonconformity. Nonconforming uses and buildings that are damaged or destroyed by sudden accidental cause may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided a complete building permit application for repair and reconstruction is submitted within 12 months of the occurrence of the damage or destruction. The planning director may extend the application deadline upon finding that the applicant is experiencing undue hardship from unforeseen circumstances in meeting the deadline. [Ord. 2009-11-069].

20.37.110 Samish Way urban village – Establishment of boundaries and land use areas.

A. The boundaries of the Samish Way urban village and associated land use areas are hereby delineated as shown in Figure 20.37.110.

B. The Samish Way urban village is divided into three commercial areas (core, approach, and transition) and one residential area (transition). The purpose of the areas is to establish goals, policies and development regulations that require development to respond to desired intensity, physical characteristics and neighborhood scale. These areas are intended to ensure development is appropriately scaled and to encourage uses that are compatible with the surrounding neighborhoods.

1. Commercial Core. The commercial core area is intended to be the densest area within the urban village with the highest concentration of employment and housing. These areas are likely to have direct access to transit and a wide range of supportive land uses such as retail, office, recreation, public facilities, parks and open space. The pedestrian environment is emphasized in these areas.

2. Commercial Approach. The commercial approach area is intended to allow commercial uses similar to the core area, and less intensive mix of ground floor pedestrian-oriented uses such as offices and interspersed drive-through services such as gas stations, banks and fast food restaurants. Some light industrial and auto-oriented uses are allowed to continue due to proximity to I-5 and the auto focused history of the area.

3. Commercial Transition. The commercial transition areas are intended to allow commercial uses similar to the core and approach areas, but those with less noise and vehicular impacts on abutting residential areas. Height limits are lower to lessen the impact on the adjacent residential areas. Residential only buildings are allowed in the transition area; however, they should be designed with an active and direct interface with the street to support the pedestrian experience.

4. Residential Transition. The residential transition areas are immediately adjacent to existing single-family neighborhoods. A mix of residential housing types is encouraged to support the abutting commercial area and provide housing choices for people of various incomes and ages.

Figure 20.37.110

[Ord. 2009-11-069].

20.37.120 Samish Way urban village – Permitted uses.

A. In Table 20.37.120, land use classifications are listed on the horizontal axis. Samish Way urban village land use areas are shown on the vertical axis.

1. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.

2. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC and to general requirements for the use and the use area.

3. If a number appears in the box at the intersection of the column and the row, the use is permitted in the use area subject to the special limitation indicated in the corresponding note.

4. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).

5. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the use area.

Table 20.37.120 – Permitted Uses 

P = Permitted  # = Permitted with limitations  C = Conditional Use  N = Not allowed

Land Use Classification

Area

Commercial Core

Commercial Approach

Commercial Transition 1 and 2

Residential Transition 1

Residential Transition 2

1. Retail establishments

P(1)

P(1)

P(1)

N

N

2. Motor vehicles sales (automobiles, motorcycles, scooters, boats, recreational vehicles, etc.) when business activities are conducted entirely within an enclosed showroom

P(1)

P(1)

N

N

N

3. Offices

P

P

P

N

N

4. Personal and business services

P

P

P

N

N

5. Day labor halls

N

N

N

N

N

6. Eating and/or drinking facilities

P

P

P

N

N

7. Hotels and motels

P

P

P

N

N

8. Bed and breakfast

P

P

P

C

C

9. Neighborhood clubs and activity centers

P

P

P

C

C

10. Commercial recreation

P

P

P

N

N

11. Theaters, art galleries, and art studios

P

P

P

N

N

12. Nightclubs

P

P

N

N

N

13. Adult entertainment

N

N

N

N

N

14. Drive-up facilities such as bank tellers, food and beverage services, laundry pick up, and car washes

N(2)

P

N

N

N

15. Service stations for automobiles

N

P

N

N

N

16. Parking facilities

P

P

P

N

N

17. Warehousing and wholesaling of products when in conjunction with retail sales of the same product on site

N

P

N

N

N

18. Mini storage facilities; when the floor area is less than 50 percent of the floor area of other permitted use(s) on site

N

P

N

N

N

19. Repair shops for small equipment and items

P

P

P

N

N

20. Small product manufacturing

P(3)

P(3)

P(3)

N

N

21. Live/work

P

P

P

N

N

22. Care shops for small animals (house pets such as dogs, cats, etc.)

P(4)

P(4)

N

N

N

23. Detached single-family dwelling unit with less than 5,500 square feet of total floor area

P

P

P

P(6)

P(6)

24. Detached single-family dwelling unit containing 5,500 square feet or more total floor area

N

N

N

N

N

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

P

P

P

P

P

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

P

P

P

P

P

27. Chapter 20.28 BMC, Infill Housing

 

 

 

 

 

a. Smaller House

P(5)

P(5)

P(5)

P(5)

N

b. Small House

P(5)

P(5)

P(5)

P(5)

P(5)

c. Cottage

P(5)

P(5)

P(5)

P(5)

P(5)

d. Carriage House

P(5)

P(5)

P(5)

P(5)

P(5)

e. Detached ADU

P(5)

P(5)

P(5)

P(5)

N

f. Duplex/Triplex

P(5)

P(5)

P(5)

P(5)

N

g. Shared Court

P(5)

P(5)

P(5)

P(5)

P(5)

h. Garden Court

P(5)

P(5)

P(5)

P(5)

P(5)

i. Townhouse

P(5)

P(5)

P(5)

P(5)

N

28. Multifamily dwelling units (apartments or condos)

P

P

P

P(7)

N

29. Boarding and rooming houses

P

P

P

C(7)

N

30. Co-housing developments (subject to the provisions in BMC 20.10.048)

P

P

P

P

P

31. Confidential shelters (subject to the provisions of BMC 20.10.047)

P

P

P

P

P

32. Schools, art schools and institutions of higher education

P

P

P

C(6)

C(6)

33. Churches

P

P

P

C(6)

C(6)

34. Day care

P

P

P

C(6)

C(6)

35. Service care, day treatment and child placing agencies

P

P

P

C(6)

C(6)

36. Medical care facility

P

P

P

C(6)

C(6)

37. Billboards

N

N

N

N

N

38. Wireless communication facilities (subject to the provisions in Chapter 20.13 BMC)

P

P

C

N

N

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

P

P

P

P

P

40. Community public facilities (subject to the provisions in BMC 20.16.020(J)(4))

P

P

P

C

C

41. Public parks, trails and playgrounds

P

P

P

P

P

42. Community gardens

P

P

P

P

P

Notes:

1. Retail sales of the following are prohibited:

a. Heavy farm and construction equipment.

b. House trailers and mobile homes.

2. Only drive-up facilities/structures and uses existing as of December 7, 2009, are permitted in the commercial core.

3. Permitted when in conjunction with sales of the same on site; provided, that noise, smell and other impacts are internalized within an enclosed structure. This category includes:

a. Manufacture and assembly of light and small items made from previously prepared materials such as office machines, small motors, cabinets, electronic equipment, electrical devices, and signs; and

b. Handicraft manufacturing (jewelry, pottery, glass, furniture, etc.).

4. Keeping of three or fewer animals overnight is permitted as an accessory use if animals are kept in an enclosed structure, and noise, smell and other impacts are internalized within an enclosed structure.

5. Development shall comply with procedures and requirements outlined in Chapter 20.28 BMC, Infill Housing, and BMC 20.37.130(C) and (D).

6. Development shall comply with procedures and requirements outlined in Chapter 20.30 BMC, Residential Single Development, and BMC 20.37.130(C) and (D).

7. Development shall comply with procedures and requirements outlined in Chapter 20.32 BMC, Residential Multi Development, and BMC 20.37.130(C) and (D).

[Ord. 2009-11-069].

20.37.130 Samish Way urban village – Development.

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

Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, Table 20.37.130(A) and BMC 20.37.130(C) and (D).

 

Table 20.37.130(A) – Standard Development Regulations

Development Standards

Area

Commercial Core

Commercial Approach

Commercial Transition 1

Commercial Transition 2

Residential Transition Areas

Chapter 20.28 BMC, Infill Housing

Chapter 20.30 BMC, Residential Single Development

Chapter 20.32 BMC, Residential Multi Development

Minimum Lot Size

None

None

None

None

(1)

5,000 SF

5,000 SF

Maximum Density

None

None

None

None

2,000 SF per unit

5,000 SF per unit

2,000 SF per unit

Setbacks from Property Lines

None (4)

None (4)

None (4)

None (4)

(1)

(2)

(3)

Maximum Height

75 feet (5)

75 feet (5)

45 feet (5)

55 feet (5)

(1)

(2)

(3)

Maximum Floor Area Ratio (FAR)

2.5, up to 3.5 (6)

2.5, up to 3.5 (6)

2.5, up to 3.5 (6)

2.5, up to 3.5 (6)

(1)

N/A

N/A

Notes:

(1) Subject to Chapter 20.28 BMC, Infill Housing, and BMC 20.37.130(C) and (D).

(2) Subject to Chapter 20.30 BMC, Residential Single Development, and BMC 20.37.130(C) and (D).

(3) Subject to Chapter 20.32 BMC, Residential Multi Development, and BMC 20.37.130(C) and (D).

(4) See subsections (C)(2) and (3) of this section for applicable setbacks when adjacent to residential zones or areas.

(5) Height is measured per BMC 20.08.020, height definition No. 1. A building may be divided into modules and stepped with height measured on a per module basis in response to topography on sloping property.

(6) See subsection (B)(2) of this section for FAR standards and bonus criteria.

B. Floor Area Ratio (FAR).

1. Purpose. The maximum floor area ratio (FAR) standards are intended to accomplish several purposes of the Samish Way subarea plan. Combined with the established height limits herein, the FAR allows for greater flexibility in how to mass buildings on sites and relate projects to unique on- and off-site features.

2. Floor Area Ratio (FAR) Standard. The maximum FAR is 2.5, or up to 3.5 with use of floor area transfers and bonuses as outlined below. Properties that dedicate property for right-of-way purposes as outlined in BMC 20.37.140(D) may use the prededication square footage of the property for purposes of calculating FAR, i.e., every square foot dedicated yields two and one-half square feet of development area.

3. Transfer of Floor Area. Transfer of FAR among properties that are part of a single development plan is allowed when approved by the planning director, provided:

a. The designs for the sending and receiving properties are reviewed at the same time.

b. The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

4. Floor Area Bonus Options. Floor area bonus options are offered as incentives to encourage facilities and amenities that implement the Samish Way subarea plan.

a. Projects may use more than one bonus option unless specifically stated otherwise; bonus floor area amounts are additive.

b. The maximum floor area ratio increase that may be earned through the bonus options is 1.0 for a maximum FAR on site of 3.5.

Table 20.37.130(B) – Summary of Floor Area Ratio Bonus Options

Bonus Option

Floor Area Bonus (1)

Public Plazas and Open Spaces

Dedicate 1 SF; receive 2.5 SF

Affordable Housing

Provide 1 SF; receive 4 SF

Minimum LEED Silver Certification (or Equivalent)

1.0 FAR bonus

Lake Whatcom Watershed Property Acquisition Program

Receive one SF for each fee unit paid (see fee schedule)

c. Bonus Options.

i. Public Plazas and Open Spaces. Floor area may be transferred to and from any property within the Samish Way urban village when approved by the planning director, provided:

(A) The transferred floor area will result in dedication of a public plaza or open space with a minimum square footage of 16,000 square feet.

(B) For each square foot of base FAR allowed by the development code transferred from an eligible site, two and one-half square feet of bonus floor area is earned on the receiving site(s) up to a maximum of 1.0 FAR per receiving site; and

(C) The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

ii. Affordable Housing. Development which includes housing for low and middle income residents may receive bonus floor area when approved by the planning director. For each square foot of affordable housing, four square feet of bonus floor area is earned, up to a maximum of 0.5 FAR. The project must have controls in place to ensure that the units remain permanently affordable in accordance with subsections (B)(4)(c)(ii)(A) and (B) of this section:

(A) Annual Income. All purchasers or tenants shall be from a household whose annual income, at the household’s initial occupancy of the single-family residence, is 80 percent or less of the median income (determined by Housing and Urban Development) as adjusted by family size of the Bellingham Standard Metropolitan Statistical Area (SMSA), specifically defined as Whatcom County; and

(B) Housing Expenses. The monthly expenditure by a purchaser, as described in subsection (B)(4)(c)(ii)(A) of this section, for housing including rent or mortgage repayment, insurance, taxes and utilities (water and sewer) shall not exceed 38 percent of the gross household income at the time of purchase and the amount for rent or mortgage repayment shall not exceed 30 percent of gross household income. All other variable living expenses associated with the resident’s occupancy shall not be a factor in the calculation of affordability.

iii. Leadership in Energy and Environmental DesignTM (LEED) Certification (or Equivalent). Buildings that incorporate sustainable design receive a maximum 1.0 FAR bonus. To qualify for this bonus, the proposed project shall be certified by the planning director as a minimum LEED Silver certification (or equivalent).

iv. Lake Whatcom Watershed Property Acquisition Program (LWWPAP). Contributors to the LWWPAP receive floor area bonuses when approved by the planning director, provided:

(A) Bonus floor area earned is paid for on a per square foot basis according to a fee schedule established by city council resolution;

(B) Floor area paid for and floor area earned is at a 1:1 ratio, such that for each square foot paid for, one square foot of floor area is earned on the receiving site up to a maximum 0.5 FAR bonus;

(C) The applicant must submit with the application for land use review a letter from the Bellingham finance department documenting the amount which will be contributed to the LWWPAP.

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

1. Commercial Street Frontage.

a. Intent. Along Samish Way between Bill McDonald Parkway and E. Maple Street, street front uses should be compatible with intensive commercial activity and provide opportunities for visual or interactive links between businesses and pedestrians.

b. Standards. Along Samish Way, between Bill McDonald Parkway and E. Maple Street, ground floor commercial space (including retail, service, office, government, or similar nonresidential uses) shall be provided along the full building street front for a depth of at least 20 feet measured from the front face of the building. Lobbies for residential uses and hotels and parking garage entries shall qualify as ground floor commercial; however hotel/motel guest rooms, dwelling units and structured parking shall not qualify.

2. Yards.

a. Intent. Provide appropriate transitions between commercial and residential areas.

b. Standard. A building shall be set back a minimum of 15 feet from a property line abutting or across a right-of-way from a residential single zone or a residential transition area. (See Figure 20.37.130.)

3. Height.

a. Intent. The scale of those portions of a building facing an existing developed neighborhood should conform to the scale established in the neighborhood or the scale identified for the district.

b. Standard. The maximum height within 30 feet of a property line abutting or adjacent to a residential single zone or a residential transition area shall be two stories and 30 feet. (See Figure 20.37.130.)

Figure 20.37.130 – Massing and Articulation

4. Detached Single-Family Residential Development in Residential Transition Area 2. The following design standards and guidelines apply to single-family development using Chapter 20.30 BMC in Residential Transition Area 2.

a. Design Standards.

i. Garages shall be set back at least four feet from the front face of the building.

ii. Each dwelling shall have a covered front porch with an area of 60 square feet or more, with no dimension less than five feet.

iii. Dwelling units that front the public street or lane shall have entrances facing the public street or lane.

iv. All fences in the front and side street setbacks are limited to 42 inches in height and may be no more than 60 percent opaque. Chain link or cyclone fencing is not allowed in the front or side street setback.

b. Design Guidelines. Use context-sensitive site design and building details to help ensure that new infill development will enhance the neighborhood and respect the scale and character of the existing houses on a street.

i. Building Design.

(A) Single story massing elements should be emphasized on the front facades, using porches and bays seen from the street.

(B) Gable roofs emphasize vertical proportions, create modulation and are strongly encouraged.

(C) The massing should be varied with elements such as bays, dormers, etc.

(D) A change of materials, colors or textures on different elements is encouraged to provide further articulation and additional variety and character.

(E) Homes should minimize the impact of the garage on the streetscape by minimizing blank garage doors, through the use of windows and/or architectural detail on the garage door.

ii. Site Design.

(A) Front yard parking aprons are not allowed.

(B) Back yards should be designed for privacy from neighbors.

(C) Fencing, especially when seen from the street, should be designed to integrate into the architecture of the building and add visual interest in its detail, materials or color.

D. 34th Street Access Restriction. Vehicular access from the commercial transition zone to 34th Street and Edwards Street is prohibited. [Ord. 2015-01-001 § 1; Ord. 2009-11-069].

20.37.140 Samish Way urban village – Street improvements.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the Samish Way urban village.

B. New construction or renovations of 50 percent or more of an existing structure(s) shall improve abutting streets to three-fourths standard, with the following exceptions:

1. Projects abutting Samish Way shall improve the abutting sidewalk to accommodate the proposed street designs in the Samish Way subarea plan.

2. Projects abutting 34th Street shall install the abutting sidewalk. Projects consisting of more than three units shall also install pocket parking.

3. Projects abutting Abbott Street shall install a five-foot minimum standard sidewalk.

4. Requirements for projects abutting 35th Street between Abbott Street and Consolidation Avenue as proposed in Figure 20.37.140 are outlined in subsection (D)(1) of this section.

The determination of the percentage of renovation shall be based upon whether the valuation of proposed site improvements exceeds 50 percent of the assessed value of the existing site improvements.

C. Street standards shall be consistent with the Samish Way subarea plan streetscape designs. Minor modifications may be approved by the planning and public works directors. Such modifications may be granted when practical difficulties arise in the design and construction of streets due to topographic geological limitations or other problems inherent or peculiar to the area, or where the directors find that imposition of the required street design would be detrimental to the interest of the neighborhood.

D. Street and Bike/Pedestrian Corridor Dedication and Improvement Requirements.

1. Thirty-fifth Street between Abbott Street and Consolidation Avenue. Thirty-foot public right-of-way dedication and LID commitment (or other approved method of street construction to the Type II street standard) is required prior to building permit issuance for properties abutting the proposed 35th Street, as shown in Figure 20.37.140, on which new development, or redevelopment, is proposed.

Exception: Redevelopment of a single parcel consisting of less than 10,000 square feet of floor area with a height limit less than 35 feet under BMC 20.08.020, height definition No. 1 is exempt from this requirement. New structures may not encroach on the proposed right-of-way alignment.

2. Pedestrian/Bike Corridor. A nonmotorized bike and pedestrian corridor with public access easement linking 34th to 35th Street shall be provided as generally shown in Figure 20.37.140. The corridor shall be designed and built to parks and recreation department standards.

Figure 20.37.140

[Ord. 2009-11-069].

20.37.150 Samish Way urban village – Parking.

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

Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development.

B. All parking standards in Chapter 20.12 BMC concerning applicability, general provisions, design provisions and improvement standards shall apply except as provided herein.

C. Uses shall provide parking as follows:

1. Residential. Minimum of one parking space per studio, one-bedroom or two-bedroom dwelling unit. An additional 0.5 parking space per unit shall be provided for each bedroom over two per unit.

2. Commercial. Minimum one space per 500 square feet of gross floor area, including office, retail, service, eating and drinking establishments, entertainment, and similar uses.

3. If a use is not readily classified within the residential and commercial classifications, then the planning director shall determine the standards which shall be applied.

4. Buildings existing as of December 7, 2009, are exempt from the requirement to provide additional parking due to a use change.

5. The planning director may exempt existing buildings listed on the local, state or federal register of historic places from required parking for a one-time floor area expansion, provided (a) the floor area expansion is limited to an area equal to 10 percent of the area of the existing building and (b) existing conforming parking on site shall not be displaced except as otherwise may be allowed. If the listed historic building provides 10 percent or less of the on-site parking that would be required for an equivalent new building, the planning director may allow displacement of some or all of the on-site parking.

D. Shared Parking.

1. Purpose. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate.

2. The amount of off-street parking required by this section may be reduced by an amount determined by the planning director when shared parking facilities for two or more uses are proposed; provided, that the requirements stated in BMC 12.12.010(A)(6) are met.

E. Parking Reduction Allowed. The planning director may administratively reduce parking up to an additional 30 percent for uses that are inherently less auto dependent, and for mitigation provided in lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 19.06.040(B)), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5).

F. Bike Parking. All new development shall provide bicycle parking spaces equivalent to 15 percent of the total required automobile parking, calculated prior to any automobile parking reductions. [Ord. 2017-03-009 § 34; Ord. 2009-11-069].

20.37.160 Samish Way urban village – Landscaping.

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

1. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill

Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development.

2. Development not subject to the green factor requirements herein shall provide landscaping in accordance with BMC 20.12.030.

B. Standards. All landscaping provided to meet requirements under this section must meet the standards herein to ensure the long-term health, viability and coverage of plantings. The director may establish standards relating matters including, but not limited to, the type and size of plants, number of plants, concentration of plants, depths of soil, use of low water use plants and access to light and air for plants.

C. Green Area Factor Requirement. Landscaping shall achieve a green area factor score as listed in Table 20.37.160 and in accordance with BMC 20.12.030(E) for:

1. Any new structure or single development containing three or more dwelling units;

2. Any new structure or single development containing more than 4,000 square feet of nonresidential uses; and

3. Any new parking lot(s) containing more than 20 parking spaces for automobiles.

Table 20.37.160 – Green Area Factor

Project Description

Minimum Green Area Factor Score (1)

1. Development having a FAR of less than 2.0.

0.30

2. Development having a FAR of 2.0 or greater.

0.20

Notes:

(1) The planning director may administratively reduce the green area factor score by up to 20 percent for projects that (1) achieve a minimum LEED Silver certification (or equivalent), or (2) because of special circumstances, not the result of the owner’s action, applicable to the subject property (including size, shape, topography, location, or surroundings), achieving the green area factor score will place an undue burden on the developer.

D. Street Trees. One street tree shall be required 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. [Ord. 2009-11-069].

20.37.170 Samish Way urban village – Signs.

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

Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development.

B. General Provisions. No sign shall be permitted unless it complies with the provisions herein.

C. Exemptions. The following signs shall be exempt from the provisions of this title:

1. Traffic signs installed by a government agency.

2. Directional, way finding program signs installed by a government agency if the signs are consistent with the provisions of the Samish Way subarea plan.

D. Standards.

1. Off-premises and rooftop signs are prohibited. Pole signs are prohibited with the exception of freeway-oriented signs as specified herein.

2. Building-mounted signage shall not exceed 300 square feet per use, and no single use shall have more than 100 square feet per building elevation, except as provided in subsections (D)(4) and (5) of this section.

Exemption: Building identification signs or cornerstones are permitted as an integral and architecturally compatible part of the building or structure. Cornerstones shall not exceed four square feet and building identification signs shall not exceed 32 square feet. These exemptions shall not contain any colors, words, letters, numbers, symbols, graphic designs, logos or trademarks for the purpose of identifying a good, service, product or establishment.

3. One monument sign per site is permitted whether it is for a single or mixed use. The monument sign shall not exceed 60 square feet per face or six feet in height measured from existing grade.

4. Freeway-oriented signs are permitted as follows:

a. Limited to the commercial approach area.

b. Limited to one sign per property.

c. Sign may be freestanding or located on a building.

d. Sign shall be located between the subject building and the freeway.

e. Sign height shall be no more than 20 feet above the surface of the nearest primary driving lane at the nearest point to the sign.

f. Sign size shall not exceed 250 square feet in area on any one face.

5. Animated, moving, blinking or electronic (LED or similar) message boards are permitted as follows:

a. Only in association with theaters.

b. The total gross area of the message board for any one use shall not exceed one square foot of area to one lineal foot of street frontage or 100 square feet, whichever is more restrictive.

c. Message boards are prohibited as freeway-oriented signs.

6. Building-mounted signs extending over the street right-of-way shall comply with the International Building Code. There shall be at least eight feet of vertical clearance between the bottom of the sign and the sidewalk and the sign shall not extend within two feet of the street curb.

7. Directional Signs.

a. Directional signs are limited to six square feet per sign face and four feet in height if freestanding.

b. The message shall not contain the name of the establishment or advertising of any kind. Examples of directional signs include: “Enter,” “Service Entrance,” “No Parking,” etc.

c. There is no limit on the number of directional signs.

8. Temporary building signs shall not exceed 32 square feet.

9. Real estate signs are limited to one sign per street frontage, shall be unlighted, and shall not exceed 32 square feet. [Ord. 2009-11-069].

Article III. Fountain District Urban Village

20.37.200 Fountain district urban village – Applicability.

A. Regulations specified within this article shall apply to the use of land within the fountain district urban village.

B. Should the provisions of this article conflict with any other provision of the Bellingham Municipal Code, except critical areas ordinance, shoreline master program, stormwater regulations or Chapter 20.28 BMC, Infill Housing, the provisions of this article shall apply.

C. Nonconformity. Nonconforming uses and buildings that are damaged or destroyed by sudden accidental cause may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided a complete building permit application for repair and reconstruction is submitted within 12 months of the occurrence of the damage or destruction. The planning and community development director (“director”) may extend the application deadline upon finding that the applicant is experiencing undue hardship from unforeseen circumstances in meeting the deadline. [Ord. 2010-10-057].

20.37.210 Fountain district urban village – Establishment of boundaries and land use areas.

A. The boundaries of the fountain district urban village and associated land use areas are hereby delineated as shown in Figure 20.37.210.

B. The fountain district urban village is divided into two commercial areas (core and transition) and two residential areas (Transitions 1 and 2). The purpose of the areas is to establish goals, policies and regulations that require development to respond to desired intensity, physical characteristics and neighborhood scale. These areas are intended to ensure that development is appropriately scaled and to encourage uses that are compatible with the surrounding neighborhoods.

1. Commercial Core. The commercial core area is intended to be the densest area within the urban village with the highest concentration of employment and housing. These areas are likely to have direct access to transit and a wide range of supportive land uses such as retail, office, recreation, public facilities and plazas. The pedestrian environment is emphasized in this area. Ground floor commercial is required along Meridian Street (between Broadway and W. Illinois Street).

2. Commercial Transition. The commercial transition areas are intended to allow commercial uses similar to the core area, but those with less noise and vehicular impacts on abutting residential areas. Height limits and building square footages are lowered to lessen the impact on the adjacent residential areas, discourage demolition of buildings with historic integrity and encourage adaptive reuse of structures by providing additional flexibility of use. Buildings with residential only uses are permitted in this area.

3. Residential Transition. The residential transition areas are immediately adjacent to existing single-family neighborhoods. A mix of residential housing types as outlined in Chapter 20.28 BMC, Infill Housing, is encouraged to support the abutting commercial areas and provide housing choices for people of various incomes and ages. These areas are regulated under the standards established for single-family and infill housing types.

Figure 20.37.210 – Fountain District Urban Village and Area Boundary Map.

[Ord. 2010-10-057].

20.37.220 Fountain district urban village – Permitted uses.

A. In Table 20.37.220, land use classifications are listed on the horizontal axis. Fountain district urban village land use areas are shown on the vertical axis.

1. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.

2. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC and to general requirements for the use and the use area.

3. If a number appears in the box at the intersection of the column and the row, the use is permitted in the use area subject to the special limitation indicated in the corresponding note.

4. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).

5. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the use area.

Table 20.37.220 – Permitted Uses

P = Permitted  # = Permitted with limitations  C = Conditional Use  N = Not allowed

Land Use Classification

Area

Commercial Core

Commercial Transition

Residential Transition 1

Residential Transition 2

1. Retail establishments

P(1)

P(1)

N

N

2. Motor vehicles sales (automobiles, motorcycles, scooters, boats, recreational vehicles, etc.) when business activities are conducted entirely within an enclosed showroom.

P

N

N

N

3. Offices

P

P

N

N

4. Personal and business services

P

P

N

N

5. Day labor halls

N

N

N

N

6. Eating establishments (no alcohol served)

P

P

N

N

7. Drinking establishments

P

C

N

N

8. Hotels and motels

P

P

N

N

9. Bed and breakfast

P

P

C

C

10. Neighborhood clubs and activity centers

P

C

C

C

11. Commercial recreation

P

C

N

N

12. Theaters

P

C

N

N

13. Art galleries and art studios

P

P

N

N

14. Nightclubs

C

N

N

N

15. Adult entertainment

N

N

N

N

16. Drive-up facilities such as bank tellers, food and beverage services, laundry pick up, and car washes

P(2)

P(2)

N

N

17. Service stations for automobiles

P

N

N

N

18. Parking facilities

P

C

N

N

19. Warehousing and wholesaling of products when in conjunction with retail sales of the same product on site

P

N

N

N

20. Mini storage facilities; when the floor area is less than 50 percent of the floor area of other permitted use(s) on site

N

N

N

N

21. Handicraft manufacturing (jewelry, pottery, glass, furniture, etc.)

P

P

N

N

22. Repair shops for small equipment and items

P

N

N

N

23. Small product manufacturing

P(3)

N

N

N

24. Live/work

P

P

N

N

25. Care shops for small animals (house pets such as dogs, cats, etc.)

P(4)

N

N

N

26. Detached single-family dwelling unit with less than 5,500 square feet of total floor area

N

P(6)

P(6)

P(6)

27. Detached single-family dwelling unit containing 5,500 square feet or more total floor area

N

N

N

N

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

N

P

P

P

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

P

P

P

P

30. Chapter 20.28 BMC, Infill Housing.

 

 

 

 

a. Smaller House

P(5)

P(5)

P(5)

N

b. Small House

P(5)

P(5)

P(5)

N

c. Cottage

P(5)

P(5)

P(5)

N

d. Carriage House

P(5)

P(5)

P(5)

P(5)

e. Detached ADU

P(5)

P(5)

P(5)

P(5)

f. Duplex

P(5)

P(5)

P(5)

N

g. Triplex

P(5)

P(5)

N

N

h. Shared Court

P(5)

P(5)

N

N

i. Garden Court

P(5)

P(5)

N

N

j. Townhouse

P(5)

P(5)

N

N

31. Multifamily dwelling units (apartments or condos)

P

P

N

N

32. Boarding and rooming houses

N

N

C

N

33. Co-housing developments (subject to the provisions in BMC 20.10.048)

N

N

N

N

34. Confidential shelters (subject to the provisions of BMC 20.10.047)

P

P

P

P

35. Schools, art schools and institutions of higher education

P

N

C

C

36. Churches

P

C

C

C

37. Day care

P

P

C

C

38. Service care, day treatment and child placing agencies

P

P

C

C

39. Medical care facility

P

C

C

C

40. Billboards

N

N

N

N

41. Wireless communication facilities (subject to the provisions in Chapter 20.13 BMC)

C

C

C

C

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

P

P

P

P

43. Community public facilities (subject to the provisions in BMC 20.16.020(J)(4))

P

P

C

C

44. Public parks, trails and playgrounds

P

P

P

P

45. Community gardens

P

P

P

P

46. Government services

P

P

N

N

Notes:

(1)    Retail sales of the following are prohibited:

a. Heavy farm and construction equipment.

b. House trailers and mobile homes.

(2)    Only drive-up facilities/structures and uses existing as of October 11, 2010, are permitted.

(3)    Permitted when in conjunction with sales of the same on site; provided, that noise, smell and other impacts are internalized within an enclosed structure. This category includes:

a. Manufacture and assembly of light and small items made from previously prepared materials such as office machines, small motors, cabinets, electronic equipment, electrical devices, and signs; and

b. Handicraft manufacturing (jewelry, pottery, glass, furniture, etc.).

(4)    Keeping of three or fewer animals overnight is permitted as an accessory use if animals are kept in an enclosed structure, and noise, smell and other impacts are internalized within an enclosed structure.

(5)    Development shall comply with procedures and requirements outlined in Chapter 20.28 BMC, Infill Housing.

(6)    Development shall comply with procedures and requirements outlined in Chapter 20.30 BMC, Residential Single Development.

[Ord. 2010-10-057].

20.37.230 Fountain district urban village – Development.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the fountain district urban village except as follows: Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, or Chapter 20.30 BMC, Residential Single Development, and with Table 20.37.230.

Table 20.37.230 – Development Standards

Development Standards

Area

Commercial Core

Commercial Transition

Residential Transition

Chapter 20.28 BMC, Infill Housing

Chapter 20.30 BMC, Residential Single Development

Minimum Lot Size

None

None

(1)

5,000 SF

Maximum Density

None

None

2,500 SF per unit

5,000 SF per unit

Setbacks from Property Lines

None (3)

None (1, 2)

(1)

(2)

Maximum Height

45 feet (4, 5)

35 feet (4)

(1)

(2)

Maximum Floor Area Ratio (FAR)

1.5 (5)

0.6 FAR (6)

(1)

N/A

Notes:

(1) Subject to Chapter 20.28 BMC, Infill Housing.

(2) Subject to Chapter 20.30 BMC, Residential Single Development.

(3) See subsection (C)(2) of this section for setback and height adjacent residential zones and areas.

(4) Height is measured per height definition No. 1 as per BMC 20.08.020.

(5) See Figure 20.37.210 for commercial core “opportunity site.” Maximum height shall be 55 feet and a maximum FAR of 2.5.

(6) Properties fronting Dupont between Broadway and I Street have a maximum FAR of 1.5.

B. Floor Area Ratio (FAR).

1. Purpose. The maximum floor area ratio (FAR) standards are intended to accomplish several purposes of the fountain district subarea plan. Combined with the established height limits herein, the FAR allows for greater flexibility in the massing of buildings on sites, and relates projects to unique on- and off-site features.

2. Floor Area Ratio (FAR) Standard.

a. The maximum FAR in the commercial core is 1.5, except for indicated “opportunity site” shown in Figure 20.37.210, where the maximum FAR is 2.5.

b. The maximum FAR in the commercial transition area is 0.6.

C. 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 fountain district subarea plan, and shall be used in addition to the urban village design district standards and decision criteria outlined in BMC 20.25.020(D)(3)(b). Should the provisions of this section conflict with any other provision in BMC 20.25.020(D)(3)(b), the provisions of this section shall apply.

1. Commercial Street Frontage.

a. Intent. Street front uses, along Meridian Street as described in subsection (C)(1)(b) of this section, are compatible with intensive commercial activity and provide opportunities for visual or interactive links between businesses and pedestrians.

b. Standard. Along Meridian Street between Broadway Avenue and W. Illinois Street, ground floor commercial space (including retail, service, office, government, or similar nonresidential uses) shall be provided along the full building street front for a depth of at least 20 feet measured from the front face of the building. Lobbies for residential uses and hotels and parking garage entries shall qualify as ground floor commercial; however, hotel/motel guest rooms, dwelling units and structured parking shall not qualify.

2. Massing and Articulation.

a. Intent. Provide appropriate transitions between commercial and residential areas. The scale of those portions of a building facing an existing developed neighborhood should conform to the scale established in the neighborhood or the scale identified for the district.

b. Standards. Minimum setbacks and maximum height limits within 25 feet of a property line abutting or across an alley from a residential single zone or a residential transition area shall be as shown in Figure 20.37.230(A) or (B).

 

Figure 20.37.230(A)

OR

Figure 20.37.230(B)

3. Consolidate Curb Cuts.

a. Intent. Provide a safe and attractive pedestrian experience, while increasing the inventory of public street parking.

b. Guideline. Curb cuts on streets should be consolidated whenever possible.

4. Parking.

a. Intent. Encourage compatible design by preventing garages from being built on the front of residential homes.

b. Guideline. For new residential construction when an alley exists, parking shall be accessed via the alley except when the director determines that alley access is impractical or environmentally constrained.

5. Additions and Modifications to Existing Single-Family Building Forms.

a. Applicability. The following provisions apply to additions and modifications to existing structures originally built for single-family residential use. The specific design standards in BMC 20.25.070(B) do not apply.

b. Site Design.

i. Intent. Encourage architecturally compatible additions and modifications to existing buildings in both the commercial core and commercial transition areas.

ii. Guideline. On Meridian Street, additions designed for the front of existing buildings are encouraged to set back a minimum of two feet from the front property line to allow for a wider sidewalk and the planting of street trees.

iii. Guideline. For commercial uses, landscaping should be integral with the site design and provide privacy for neighbors.

iv. Guideline. Fencing, especially when seen from the street, should be designed to integrate with the architecture of the building and add visual interest in its detail, materials or color.

v. Standard. Parking shall be located to the rear or side of the building and shall not be located at intersections.

c. Building Design.

i. Location of Additions.

(A) Intent. Minimize the impacts of additions and modifications to existing buildings.

(B) Guideline. If two existing buildings are to be joined by a mutual addition, when possible, the distinction between the two original buildings should be retained.

(C) Standard. Additions to the front of the building are prohibited in the commercial transition area if the existing building is residential in form. Additions should be located to the side or rear of the property following the principles in Figure 20.37.230(C).

Figure 20.37.230(C)

    Four examples showing appropriate methods of locating an addition on a building to the side and rear. (New addition shown shaded.) Each example builds off of the original building in such a way that it is offset from the existing facades slightly, which helps integrate it with the scale and character of the original building.

ii. Architectural Details.

(A) Intent. Augment the architectural character of the original building when designing additions, upper stories, dormers, and other modifications.

(B) Guideline. A new addition should relate to the design, materials, ornamental detail, and follow the roof shapes and slopes of the existing building.

(C) Guideline. Window and door proportions (including the design of sash and frames), floor heights, roof shapes and pitches, and other elements of the addition’s exterior should relate to those of the existing building. Windows should be of similar type, materials, pane pattern and quality as those in the existing building.

(D) Guideline. Whenever possible, retain existing siding and features of buildings when making improvements and adaptations.

(E) Guideline. A change of materials, colors or textures on different elements is encouraged to provide further articulation and additional variety and character.

(F) Guideline. The primary entrance should face the public street.

6. Additions and Modifications to Existing Development on the Opportunity Site.

a. Applicability. The following applies to the existing development located on the fountain district opportunity site.

b. Additions and other exterior modifications to the existing building shall not be subject to the design standards of this chapter, provided a grocery store/supermarket use is retained; and provided further, that any such addition(s) or exterior modification(s) meets the following:

i. The design character of the existing building and the landscape character of the site are maintained.

ii. Any proposed addition(s) does not increase the building footprint by more than 25 percent nor exceed the height of the existing structure.

iii. The addition(s) maintains a 10-foot setback from exterior property lines.

iv. The visual impact of any blank-wall additions at the building setback line shall be reduced using similar architectural and landscaping methods as those used along the rear of the existing building.

c. Additions or modifications that do not meet the criteria in subsection (C)(6)(b) of this section shall be subject to review and approval of the director under the applicable provisions of BMC 20.14.010. [Ord. 2015-01-001 § 2; Ord. 2013-05-033; Ord. 2010-10-057].

20.37.240 Fountain district urban village – Street improvements.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within the commercial core or commercial transition area in the fountain district urban village.

B. New construction or renovations of 50 percent or more of an existing structure(s) shall improve abutting streets from the curb edge to the property line. The determination of the percentage of renovation shall be based upon whether the valuation of proposed site improvements exceeds 50 percent of the assessed value of the existing site improvements.

C. Street standards shall be consistent with the fountain district urban village subarea plan streetscape designs. Minor modifications may be approved by the planning and public works directors. Such modifications may be granted when practical difficulties arise in the design and construction of streets due to topographic geological limitations or other problems inherent or peculiar to the area, or where the directors find that imposition of the required street design would be detrimental to the interest of the neighborhood. [Ord. 2010-10-057].

20.37.250 Fountain district urban village – Parking.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the fountain district urban village except that development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, or Chapter 20.30 BMC, Residential Single Development.

B. All parking standards in Chapter 20.12 BMC concerning applicability, general provisions, design provisions and improvement standards shall apply except as provided herein.

C. Uses shall provide parking as follows:

1. Residential. Minimum of one parking space per studio, one-bedroom or two-bedroom dwelling unit. An additional 0.5 parking space per unit shall be provided for each bedroom over two per unit.

2. Commercial.

a. Core. Minimum one space per 500 square feet of gross floor area.

b. Transition. Minimum one space per 350 square feet of gross floor area.

3. If a use is not readily classified within the residential and commercial classifications, then the director shall determine which standards shall be applied.

4. The director may exempt existing buildings listed on the local, state or national register of historic places from required parking for a one-time floor area expansion; provided, that (a) the floor area expansion is limited to an area equal to 10 percent of the area of the existing building and (b) existing conforming parking on site shall not be displaced except as otherwise may be allowed. If the listed historic building provides 10 percent or less of the on-site parking that would be required for an equivalent new building, the director may allow displacement of some or all of the on-site parking.

D. Shared Parking.

1. Intent. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate.

2. The amount of off-street parking required by this article may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed; provided, that the requirements stated in BMC 20.12.010(A)(6) are met.

E. Land Dedicated for Parking.

1. Intent. Facilitate the retrofit of existing perpendicular parking straddling public and private property on nonarterial streets to improve pedestrian safety. By placing the public sidewalk at the head of the parking area, public parking inventory can be increased in the general vicinity. Costs of improvements shall be carried by the abutting property owner. (See Figure 20.37.250.)

2. Standard. Land that is dedicated by easement or real property for purposes of providing public parking may be allowed with the approval of the planning and public works directors as follows:

a. Limited to nonarterial rights-of-way.

b. Each public parking space created may count as two on-site parking stalls.

c. The floor area ratio for the site shall be calculated on a prededication basis.

d. The design and construction is subject to approval by the planning and public works directors, including abutting sidewalks and landscaping.

Figure 20.37.250

F. Parking for Change of Use or Additions. The director shall have the authority to waive parking requirements for subsections (C)(2)(a) and (b) of this section when there is no existing space available on site to provide additional parking, no parking can reasonably be provided within 500 feet of the generator, and the surrounding streets will not be adversely affected due to the existence of ample on-street parking.

G. Parking Reduction Allowed. The director may administratively reduce parking up to an additional 30 percent for uses that are inherently less auto dependent, and for mitigation provided in lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 19.06.040(B)), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5).

H. Bike Parking. All new commercial and multifamily development shall provide bicycle parking spaces equivalent to 15 percent of the total required automobile parking, calculated prior to any automobile parking reductions. [Ord. 2017-03-009 § 35; Ord. 2010-10-057].

20.37.260 Fountain district urban village – Landscaping.

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

Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, or Chapter 20.30 BMC, Residential Single Development.

B. Standards.

1. Development shall provide landscaping in accordance with BMC 20.12.030.

2. All landscaping provided to meet requirements under this section must meet the standards herein to ensure the long-term health, viability and coverage of plantings. The planning director may establish standards relating matters including, but not limited to, the type and size of plants, number of plants, concentration of plants, depths of soil, use of low water use plants and access to light and air for plants. [Ord. 2010-10-057].

20.37.270 Fountain district urban village – Signs.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the fountain district urban village. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, or Chapter 20.30 BMC, Residential Single Development.

B. General Provisions. No sign shall be permitted unless it complies with the provisions herein.

C. Exemptions. The following signs shall be exempt from the provisions of this title:

1. Traffic signs installed by a government agency.

2. Directional, way finding program signs installed by a government agency if the signs are consistent with the provisions of the fountain district urban village subarea plan.

D. Standards.

1. Off-premises, rooftop and pole signs are prohibited.

2. One monument sign per site is permitted whether it is for a single or mixed use. The monument sign shall not exceed 60 square feet per face or six feet in height measured from existing grade.

3. Building-mounted signage shall not exceed 100 square feet per use per building elevation, and no single use shall have more than 50 square feet per building elevation (logos are included).

Exemption: Building identification signs or cornerstones are permitted as an integral and architecturally compatible part of the building or structure. Cornerstones shall not exceed four square feet and building identification signs shall not exceed 32 square feet. These exemptions shall not contain any colors, words, letters, numbers, symbols, graphic designs, logos or trademarks for the purpose of identifying a good, service, product or establishment.

4. Building-mounted signs extending over the street right-of-way shall comply with the International Building Code. There shall be at least eight feet of vertical clearance between the bottom of the sign and the sidewalk and the sign shall not extend within two feet of the street curb.

5. Animated, moving, blinking or electronic (LED or similar) message centers are prohibited.

6. Directional Signs.

a. Directional signs are limited to six square feet per sign face and four feet in height if freestanding.

b. The message shall not contain the name of the establishment or advertising of any kind. Examples of directional signs include: “Enter,” “Service Entrance,” “No Parking,” etc.

7. There is no limit on the number of directional signs.

8. Temporary building signs shall not exceed 32 square feet.

9. Real estate signs are limited to one sign per street frontage, shall be unlighted and shall not exceed 32 square feet. [Ord. 2010-10-057].

20.37.280 Fountain district village – Lighting.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within the commercial core and commercial transition areas in the fountain district urban village.

B. General Provisions. No exterior lighting shall be permitted unless it complies with the provisions herein.

C. Standards.

1. Building and aesthetic lighting must be shielded to prevent direct glare and/or light trespass in excess of one and one-half footcandles at the property line, except along Meridian Street in the commercial core.

2. Wall packs (flood lights) on buildings may be used at entrances to a building or to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs must be fully shielded to direct the light downward. Maximum bulb wattage is 100 watts.

3. Gas and service station canopies. A maximum of 250 watt bulbs recessed (including lenses) with the bottom of the canopy or gasoline pump island is permitted. Lights that project below the canopy ceiling are prohibited. [Ord. 2010-10-057].

Article IV. Fairhaven Urban Village

20.37.300 Fairhaven urban village – Applicability.

A. Regulations specified within BMC 20.37.300 through 20.37.370 shall apply to the use of land within the Fairhaven urban village.

B. Should the provisions of these sections conflict with any other provision of the Bellingham Municipal Code, except the critical areas ordinance, shoreline master program, stormwater regulations or Chapter 20.28 BMC, Infill Housing, the provisions of these sections shall apply.

C. Nonconformity. Existing uses and structures that are nonconforming as to the use of development regulations of this ordinance and that were lawfully established prior to the adoption of the Fairhaven neighborhood and urban village plan and development regulations (August 28, 2012) shall be deemed conforming and not in violation of this ordinance. Nonconforming uses and buildings that are damaged or destroyed by sudden accidental cause may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that a complete building permit application for repair and reconstruction is submitted within 12 months of the occurrence of the damage or destruction. The planning and community development director may extend the application deadline upon finding that the applicant is experiencing undue hardship from unforeseen circumstances in meeting the deadline. New construction, other than routine maintenance on existing structures or reconstruction due to accidental causes, shall comply with the requirements of this ordinance.

D. Amendments.

1. The following amendments shall follow the annual comprehensive plan amendment process outlined in Chapter 20.20 BMC:

a. Any change within a land use area from one land use classification to another (i.e., residential transition to commercial core).

b. Any boundary change between unlike land use classifications (i.e., between residential transition and commercial core).

c. Creation of a new land use area with a new land use classification.

2. The following shall be considered through the rezone procedure in Chapter 20.19 BMC:

a. Changes in the boundaries between like land use areas such as between two residential transition areas.

b. Changes in the zoning of an “area” or portion thereof.

c. Changes in permitted uses and/or density rules shall be considered a rezone, regardless of the land use area in which they appear.

3. All other amendments to BMC 20.37.300 through 20.37.370 shall be considered through the development regulation amendment procedure in Chapter 20.22 BMC. [Ord. 2012-08-041 § 13 (Exh. G)].

20.37.310 Fairhaven urban village – Establishment of boundaries and land use areas.

A. The boundaries of the Fairhaven urban village and associated land use areas are hereby delineated as shown in Figure 20.37.310.

B. The Fairhaven urban village is divided into various residential, commercial, industrial, and public land use areas. The purpose of these areas is to establish goals, policies, zoning and development regulations that require development to respond to desired intensity, physical and aesthetic characteristics, and neighborhood scale in each area. These areas are intended to ensure development is appropriately scaled and designed, and to encourage uses that are compatible with the surrounding neighborhoods. Applicable development regulations are outlined in BMC 20.37.300 through 20.37.370.

1. Commercial Core (CC). The commercial core area is intended to be the densest area within the urban village with the highest concentration of employment and housing. This area has direct access to transit and a wide range of supportive land uses such as retail, office, recreation, public facilities, parks and open space. Emphasis in this area is on the pedestrian environment, the preservation of historic buildings, and the compatibility of new development. Ground floor commercial may be required in certain locations as shown in Chapter 3, Section (B)(2)(b) of the Fairhaven design standards contained in Chapter 20.25 BMC.

2. Residential Transition (RT). Residential transition areas are adjacent to single-family neighborhoods. A mix of residential housing types is encouraged to support the abutting commercial area and provide housing choices for people of various incomes and ages. Some areas may allow specific nonresidential uses in addition to the standard range of residential uses. These uses are allowed on a limited basis to provide flexibility without having to create a new land use area for minor differences in land use, to provide a smoother transition from a commercial use to a single-family area, or when incentives are needed (such as to preserve historic housing stock).

3. Industrial (I). Industrial areas are intended to provide for a range of potential uses from “light” industrial uses like research and development to water related industrial uses to “heavy” industrial uses such as intensive warehousing, manufacturing, fabrication, assembly and distribution of goods. Some commercial uses are allowed in certain areas to allow more flexibility.

4. Public (P). Public areas apply to major parcels of land that are owned or leased by public agencies such as city, county and state governments and the Port of Bellingham. Certain public uses may be located in other zoning areas as prescribed in the land use and development code.

Figure 20.37.310 – Fairhaven Urban Village and Area Boundaries Map

[Ord. 2012-08-041 § 13 (Exh. G)].

20.37.320 Fairhaven urban village – Uses.

A. Uses are established in Table 20.37.320. Land use classifications are listed on the horizontal axis. Fairhaven neighborhood urban village land use areas are shown on the vertical axis.

1. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.

2. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC, and to general requirements for the use and the use area.

3. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).

4. If a (number) appears in the box at the intersection of the column and the row, the use may be permitted in the use area subject to the special limitations indicated in the corresponding “note” at the end of the table.

5. Use Determination. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the planning and community development director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the use area.

Table 20.37.320 – Permitted Uses

P = Permitted

(#) = See Notes

C = Conditional Use

N = Not allowed

LAND USE CLASSIFICATION

AREA

CC(2)

RT-1 and RT‑2

RT-3

RT-4

I-1(1)

I-2(1)

I-3(1)

P-1 and P‑3

P-2

A. Residential

1.

Attached Accessory Dwelling Unit per BMC 20.10.035

P

P

P

P

N

N

N

N

N

2.

Detached Accessory Dwelling Unit existing prior to 1/1/1995, per BMC 20.10.035

P

P

P

P

N

N

N

N

N

3.

Bed and Breakfast

P

P

C

P

N

N

N

N

N

4.

Boarding and Rooming Houses

P

C

N

C

N

N

N

N

N

5.

Co-Housing Developments, per BMC 20.10.048

P

P

P

P

N

N

N

N

N

6.

Confidential Shelters per BMC 20.10.047

P

P

P

P

N

N

N

N

N

7.

Duplex

P

P

N

P

N

N

N

N

N

8.

Hotel, Motel, and Hostel

P

N

N

N

N

N

P(3)

N

N

9.

Infill Housing per Chapter 20.28 BMC

P

P

P(4)

P

N

N

N

N

N

10.

Manufactured Home Park

N

N

N

N

N

N

N

N

N

11.

Multifamily

P

P

N

P

N

N

N

N

N

12.

Night Watchman or Caretaker Quarters

P

N

N

N

P

P

P

P

P

13.

Single-Family, Detached Dwelling Unit with less than 5,500 square feet of total floor area

P

P

P

P

N

N

N

N

N

14.

Single-Family Residence with 5,500 square feet or more total floor area, subject to BMC 20.16.020(L)(3)

C

C

C

C

N

N

N

N

N

B. Commercial

1.

Adult Entertainment

N

N

N

N

N

N

N

N

N

2.

Commercial Recreation

P

N

N

N

N

N

P(1)

N

N

3.

Crematory

N

N

N

N

N

N

C(1)

N

N

4.

Day Care

P

C

C

P

N

N

N

N

N

5.

Day Treatment Center

C

C

C

C

C(1)

C(1)

C(1)

P(5)

P(5)

6.

Drinking Establishment

P(6)

N

N

P(6)(7)

P(1)(6)

P(1)(6)

P(1)(6)

N

N

7.

Drive-Up/Drive-Through Facility including not visible from the right-of-way

N

N

N

N

N

N

N

N

N

8.

Eating Establishment

P

C

N

P

P(1)

P(1)

P(1)

P(5)

P(5)

9.

Live/Work Unit

P(8)

N

N

P(8)

N

N

N

N

N

10.

Motor Vehicles Sales, limited to automobiles, motorcycles, scooters and recreational vehicles

P(9)

N

N

N

N

N

N

N

N

11.

Nightclub

P(6)

N

N

N

N

N

P(1)(6)

N

N

12.

Office including child placement agency, post office, and tourism center

P

N

N

P

N

N

P(1)
(10)

N

N

13.

Repair of Small Equipment and items such as appliances, electronics, clocks, furniture, hand tools, and watches

P

N

N

N

N

P(1)

P(1)

N

N

14.

Retail Sales, except as restricted in subsection (B)(10) of this table

P

N

N

N

N

N

P(1)

N

N

15.

Services, Personal

P

N

N

P

N

N

P(1)

N

N

16.

Service Station and Gas Station

P(11)

N

N

N

N

N

N

N

N

17.

Water-Related and Dependent Uses, including but not limited to: boat house, boat ramp, boat rental and sales, boat storage, float plane facility, marina, recreation, transient moorage, water-based transportation, web house, and offices and retail supporting the same.

N

N

N

N

P(1)

P(1)

P(1)

N

N

C. Health Care

1.

Doctor, Dentist, Medical, and Therapy Office and/or Laboratory

P

N

N

P

N

N

P(1)

N

N

2.

Medical Care Facility

P

N

N

C

N

N

N

N

N

3.

Service Care

C

C

N

C

N

N

N

N

P(5)

4.

Veterinary Service, Animal Hospital and Small Animal Care Shop

P(9)

N

N

P(9)

N

N

P(1)(9)

N

N

D. Public and Semi-Public Assembly

1.

Aquarium, Interpretive Center, Library, and Museum

P

N

N

N

P(1)

P(1)

N

P(5)

P(5)

2.

Art Gallery, Art School, and Commercial Art Studio

P

C

N

P

N

N

N

P(5)

P(5)

3.

Auditorium, Stadium, and Theater

P(6)

N

N

N

N

N

N

P(5)

P(5)

4.

Church and House of Worship

P

C

C

C

C(1)

C(1)

C(1)

N

N

5.

Community Center

P

C

C

C

C(1)

C(1)

N

P(5)

P(5)

6.

Convention Center

P

N

N

N

N

N

N

N

N

7.

Institution of Higher Education and School

P

C

C

C

N

N

P(1)
(12)

N

N

8.

Neighborhood Club/Activity Center

P

C

C

P

N

N

P(1)

P(5)

P(5)

9.

Park, Trail, and Playground

P

P

P

P

P(1)

P(1)

P(1)

P

P

10.

Passenger Terminal

P

N

N

N

P(1)

P(1)

P(1)

P(5)

P(5)

11.

Private Club and Lodge

P

C

C

C

N

N

P(1)

N

N

12.

Public Building and Use

P

C

C

C

P(1)

P(1)

P(1)

P

P

E. Industrial

1.

Automobile Repair

N

N

N

N

N

N

P(1)

N

N

2.

Automobile Wrecking

N

N

N

N

N

N

N

N

N

3.

Commercial Electric Power Generation per BMC 20.36.030(C)

N

N

N

N

C(1)

C(1)

P(1)

N

N

4.

Hazardous Waste Treatment and Storage Facility per BMC 20.16.020(G)(1)

N

N

N

N

N

N

C(1)

N

N

5.

Manufacturing and Assembly

N

N

N

N

P(1)

P(1)

P(1)
(13)

N

N

6.

Mini Storage Facility

P

N

N

N

N

N

N

N

N

7.

Monument and Stone Works

N

N

N

N

N

N

C(1)

N

N

8.

Repair of Large Equipment such as vessels, vehicles, and floor-based tools

N

N

N

N

P(1)

P(1)

P(1)

N

N

9.

Warehousing, Wholesaling, and Freight Operation

N

N

N

N

P(1)
(14)

P(1)
(14)

P(1)
(14)

N

N

10.

Water-Related and Dependent Uses, including but not limited to: aquaculture, barge loading facility, boat (ship) building, boat repair, dry dock, net repair, seafood processing, ship cargo terminal, web house, and offices supporting the same

N

N

N

N

P(1)

P(1)

P(1)

N

N

F. Miscellaneous Uses

1.

Adaptive Use for Historic Register Buildings per BMC 17.90.080 and 20.16.020(A)(1)

C

C

C

C

C(1)

C(1)

C(1)

C

C

2.

Community Gardens

P

P

P

P

P(1)

P(1)

P(1)

P

P

3.

Community Public Facilities per BMC 20.16.020(J)(4)

P

C(15)

C(15)

C(15)

P

P

P

P

P

4.

Parking Facility (Nonretail)

P

N

N

N

P(1)

P(1)

P(1)

P(5)

P(5)

5.

Parking Facility (Retail)

P

N

N

N

P(1)

P(1)

P(1)

N

P(5)

6.

Public Utilities on private property

P(6)

C

C

C

P(1)

P(1)

P(1)

P(5)

P(5)

7.

Public Utilities when located within a public right-of-way

P

P

P

P

P(1)

P(1)

P(1)

P

P

8.

Recreational Vehicle Park

N

N

N

N

N

N

N

N

N

9.

Recycling and Refuse Collection Center

C

N

N

N

N

P

P

P(5)

P(5)

10.

Wireless Communications Facility per Chapter 20.13 BMC

P, C

P, C

P, C

P, C

P, C

P, C

P ,C

(16)

(16)

NOTES:

(1)

Specific uses may be restricted per the shoreline master program.

(2)

Ground floor commercial may be required in certain locations as shown in Chapter 3, Section (B)(2)(b) of the Fairhaven design standards contained in Chapter 20.25 BMC.

(3)

Permitted only when located south of Harris Avenue.

(4)

Infill housing uses allowed in RT-3 are limited to carriage house and detached accessory dwelling unit, per Chapter 20.28 BMC.

(5)

These uses, when established by a private (not public) entity, require a conditional use permit.

(6)

Regulated by BMC 10.24.120.

(7)

A restaurant may include licensed provision of beer and wine for consumption on the premises when accessory to such food service. Sales of beverages having a higher alcohol content than beer and wine require a conditional use permit.

(8)

The “work” component in live/work is limited to those permitted and conditional uses listed under the applicable zoning subarea in Table 20.37.320.

(9)

When entirely enclosed within a structure.

(10)

Including construction businesses (such as construction offices and storage yards).

(11)

May only be located on those properties where they currently exist south of Larrabee Avenue as of August 28, 2012.

(12)

Institutions of higher education and art schools are permitted. All other schools are conditional, per Chapter 20.16 BMC.

(13)

The manufacture, compounding, processing, refining, and treatment of significant quantities of the following materials, products or operations is prohibited. For the purpose of this section, “significant quantities” consist of a barrel or more at a single time. Acetylene, distillation of alcohol, asphalt and tar, brick, tile, terra cotta, concrete, cement, lime, gypsum, and plaster of Paris, fats, oils and soap, fertilizer, garbage, offal, bones, and the reduction of dead animals, forging or smeltering of metal, lampblack, stove and shoe polish, lumber and planing mills, oilcloth and linoleum, paint, shellac, turpentine, lacquer and varnish, paper and pulp, petroleum processing and storage, any explosive or highly inflammable material, slaughtering and processing of meat or fish products, tannery and curing of raw hides, chemicals such as acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin and size, automotive wrecking, or junk yards.

(14)

Excluding the storage and handling of explosives, ammonia, chlorine, and any other similarly dangerous or toxic substances.

(15)

Conditional except for those uses permitted in subsection (D)(9) of this table.

(16)

Wireless communication facilities may only be allowed as an accessory use or conditional use under the provisions of Chapter 20.13 BMC pertaining to the location of these facilities in public zones.

[Ord. 2012-08-041 § 13 (Exh. G)].

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. It shall additionally comply with Chapter 20.28 BMC for the following infill housing forms:

a. BMC 20.28.090, Carriage house.

b. BMC 20.28.100, Detached accessory dwelling unit.

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.

B. Design Review. See Chapters 20.25 and 21.10 BMC for applicable design review areas, standards, and procedures.

 

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.

5,000 sq. ft./unit

2,000 sq. ft./unit for RT-1 and 2.

5,000 sq. ft./unit

5,000 sq. ft./unit

None

N/A

1,500 sq. ft./unit for RT-4. (1)

1,500 sq. ft./unit for RT-4.

 

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).

20 ft. from any property line abutting land zoned residential.

10 ft. from front and side-flanking street (4).

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.

None (8)

66 ft. for all other uses (5)(6)(8).

I-3: 5 stories and 56 ft. (5)(6)(7)(8).

Notes:

(1) Subject to Chapter 20.28 BMC, Infill Housing.

(2) Subject to Chapter 20.30 BMC, Residential Single Development.

(3) Subject to Chapter 20.32 BMC, Residential Multi Development.

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

(5) Height 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.

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

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

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

C. Special Development Regulations.

1. Height in Commercial and Industrial Areas.

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.

2. Optional Setback Regulations in Industrial Areas.

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. [Ord. 2012-08-041 § 13 (Exh. G)].

20.37.340 Fairhaven urban village – Street improvements.

A. Applicability. The regulations of this section shall apply to all new construction, and to the renovation of existing site and building improvements, when the cost of renovation exceeds 50 percent of the assessed valuation of the site and improvements.

B. Requirements.

1. Abutting streets shall be improved to three-quarters standard. Projects abutting Harris Avenue shall also improve the abutting sidewalk to accommodate the proposed street designs in the Fairhaven neighborhood and urban village plan.

2. Minimum sidewalk width in commercial zoned areas is 15 feet and shall include a landscaping strip or tree wells adjacent to the street curb. Landscape strips and tree wells shall have a minimum width of four feet.

3. Modifications to requirements may be approved by the planning and public works directors when:

a. Practical difficulties arise in the design and construction of streets due to topographic or geological limitations or other problems inherent or peculiar to the area;

b. The directors find that imposition of the required street design would be detrimental to the interest of the neighborhood;

c. The directors find that the modifications will provide an equal or better solution that is consistent with the goals and policies in the Fairhaven neighborhood and urban village plan; or

d. The street cross-section will include angled parking. [Ord. 2012-08-041 § 13 (Exh. G)].

20.37.350 Fairhaven urban village – Parking.

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 development in Residential Transition Areas shall comply with Chapter 20.28 BMC, Infill Housing, or Chapter 20.30 BMC, Residential Single Development, for corresponding development.

2. The planning and community development director shall have the authority to waive parking requirements when consistent with an area-wide parking plan and/or district pursuant to BMC 20.12.010(A). The following parking districts shown in Figure 20.37.350 shall remain in effect unless modified by city council legislative action.

a. Area-wide parking plan and parking district under council Resolution No. 43-94.

b. Tenth Street parking district approved under council Resolution No. 2003-38.

Figure 20.37.350 – Fairhaven Parking Districts Map

B. All parking standards in Chapter 20.12 BMC concerning general provisions, design provisions and improvement standards shall apply except as provided herein.

C. Uses shall provide parking as follows. Fractions are rounded up to the next whole number.

1. Residential Uses. Minimum of one parking space per studio, one-bedroom, or two-bedroom dwelling unit. An additional one-half parking space per unit shall be provided for each bedroom over two per unit.

2. Commercial Uses. Minimum one space per 500 square feet of gross floor area, including office, retail, service, eating and drinking establishments, entertainment, and similar uses.

3. Industrial Uses.

a. Manufacturing. One for every 5,000 square feet of gross floor area or one per employee (working at the same time) whichever is greater.

b. Warehousing and Wholesale. One for every 20,000 square feet of gross floor area or one per employee (working at the same time) whichever is greater.

c. Mini-Storage. One space for every 2,000 square feet of storage area plus three spaces for the manager’s office.

4. If a use is not readily classified within the zoning classifications, then the planning and community development director shall determine the standards which shall be applied.

5. Buildings existing as of August 28, 2012, are exempt from the requirement to provide additional parking due to a use change.

6. The planning and community development director may exempt existing buildings listed on the local, State or National Register of Historic Places from required parking for a one-time floor area expansion; provided, that (a) the floor area expansion is limited to an area no greater than 10 percent of the area of the existing building and (b) existing conforming parking on site shall not be displaced. Exception: If the listed historic building provides 10 percent or less of the on-site parking that would be required for an equivalent new building, the planning and community development director may allow displacement of some or all of the on-site parking.

7. The creation of new improved on-street parking that abuts a project site may count toward on-site parking requirements when the new street parking will increase the supply of improved on-street public parking. The parking and street design shall be consistent with the standards of BMC 20.37.340, and subject to public works department approval.

D. Unbundled Parking. Unbundled parking means that the parking required of a project is not assigned to building space; it is sold or leased separately.

1. Purpose. To make more efficient use of parking that is required of a project but not otherwise used or needed by tenants of the project. Taking into account that the parking required of a project represents the parking demand added to the general vicinity, this parking can then be made available to any on- or off-site use, on a fee or lease basis, to provide more opportunities to satisfy the local parking demand.

2. The provision of unbundled parking is allowed in the following zones: commercial core, industrial, and public.

E. Shared Parking. Shared parking means that parking spaces are shared by more than one user or business that has different parking demand patterns. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.

1. Purpose. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate.

2. The amount of off-street parking required by this section may be reduced by an amount determined by the planning and community development director when shared parking facilities for two or more uses are proposed; provided, that the requirements stated in BMC 20.12.010(A)(6) are met.

a. Shared parking shall be unbundled as necessary to ensure the adequacy of parking for the anticipated uses. This may require that parking is not assigned or dedicated. All spaces that are to be assigned or dedicated shall be shown/evaluated in a shared parking demand study. Unbundled parking may be leased to off-site uses that are not a party through a shared parking agreement.

F. Parking Reduction Allowed. The planning and community development director may administratively reduce parking up to an additional 30 percent for uses that are inherently less auto dependent, and for mitigation provided in lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 19.06.040(B)), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5).

G. Parking Design.

1. Industrial Zoned Areas. No portion of any open parking facility shall be located within ten feet of any front or side-flanking property line, or within any required yard except for a lane for ingress and egress.

2. Public Zoned Areas.

a. No portion of any open parking facility shall be located within five feet of any property line abutting or across the street from any residential designation except for a lane for ingress and egress.

b. Improved on-street parking may count toward on-site parking for public uses in areas zoned public.

H. Bike Parking.

1. Number of Spaces Required. Bicycle parking is required for certain use categories to encourage the use of bicycles by providing safe and convenient places to park bicycles. These regulations ensure adequate short and long-term bicycle parking based on the demand generated by the different use categories and on the level of security necessary to encourage the use of bicycles for short and long stays.

a. The required minimum number of covered bicycle parking spaces is shown in subsection (H)(3)(b)(ii)(C) of this section.

b. The required minimum number of bicycle parking spaces is based on the primary uses on a site. When there are two or more separate primary uses that operate at the same time on a site, the required bicycle parking for the site is the sum of the required parking for the individual primary uses.

2. Exemptions.

a. No long-term bicycle parking is required on a site where there is less than 2,500 square feet of gross building area.

b. No bicycle parking is required for unattended surface parking lots.

3. Bicycle Parking Standards.

a. Short-Term Bicycle Parking.

i. Purpose. Short-term bicycle parking encourages shoppers, customers, messengers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles. Short-term bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists.

ii. Standards. Required short-term bicycle parking shall be located:

(A) Outside a building;

(B) On the site;

(C) At the same grade as the sidewalk or at a location that can be reached by an accessible route; and

(D) Within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route. For sites that have more than one primary building, the bicycle parking shall be within 50 feet of a main entrance as measured along the most direct pedestrian access route, and shall be distributed to serve all primary buildings.

Short-term bike parking may be located within the public right-of-way, provided the location and design are subject to public works department approval.

Table 20.37.350 – Minimum Required Bicycle Parking

Specific Use

Long-Term Spaces

Short-Term Spaces

1.

Multifamily housing

2, or 0.5 per bedroom and studio unit.

2, or 1 per 20 dwelling units.

2.

Commercial: Retail sales and service, including eating and drinking establishments

2, or 1 per 12,000 sq. ft. of gross floor area.

2, or 1 per 5,000 sq. ft. of gross floor area.

3.

Commercial: Office

2, or 1 per 10,000 sq. ft. of gross floor area.

2, or 1 per 20,000 sq. ft. of gross floor area.

4.

Commercial: Off-street parking lots and garages available to the general public without charge or on a fee basis

2, or 1 per 20 automobile spaces.

6, or 1 for each 20 automobile spaces.

Note: Wherever this table indicates two numerical standards, such as “2, or 1 per 5,000 sq. ft. of gross floor area,” the larger number applies.

b. Long-Term Bicycle Parking.

i. Purpose. Long-term bicycle parking provides employees, residents, commuters and others who generally stay at a site for several hours, a secure and weather-protected place to park bicycles. Although long-term parking does not have to be provided on site, the intent of these standards is to allow bicycle parking to be within a reasonable distance in order to encourage bicycle use.

ii. Standards. Required long-term bicycle parking shall be:

(A) Provided in racks or lockers that meet the standards of subsection (H)(3)(c) of this section;

(B) Located on the site or in an area where the closest point is within 300 feet of the site;

(C) Covered. At least 50 percent of required long-term bicycle parking shall be covered and meet the standards of subsection (H)(3)(c)(v) of this section (Covered Bicycle Parking); and

(D) Secured. To provide security, long-term bicycle parking shall be in at least one of the following locations:

(1) In a locked room;

(2) In an area that is enclosed by a fence with a locked gate. The fence shall be either eight feet high, or be floor to ceiling;

(3) Within view of an attendant or security guard;

(4) In an area that is monitored by a security camera; or

(5) In an area that is visible from employee work areas.

c. Standards for All Bicycle Parking.

i. Purpose. These standards ensure that required bicycle parking is designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage.

ii. Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers shall be securely anchored.

iii. Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks, the racks shall meet the following standards:

(A) The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle;

(B) A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and

(C) The rack shall be securely anchored.

iv. Parking and Maneuvering Areas.

(A) Each required bicycle parking space shall be accessible without moving another bicycle;

(B) There shall be an aisle at least five feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and

(C) The area devoted to bicycle parking shall be hard surfaced.

v. Covered Bicycle Parking. Covered bicycle parking, as required by this section, can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover shall be:

(A) Permanent;

(B) Designed to protect the bicycle from rainfall; and

(C) At least seven feet above the floor or ground.

vi. Signs. If required bicycle parking is not visible from the street or main building entrance, a sign shall be posted at the main building entrance indicating the location of the parking. [Ord. 2017-03-009 § 36; Ord. 2012-08-041 § 13 (Exh. G)].

20.37.360 Fairhaven urban village – Landscaping.

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. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, for corresponding development.

B. Standards. All landscaping provided to meet requirements under this section must meet the standards herein to ensure the long-term health, viability and coverage of plantings. The planning and community development director may establish standards relating to matters including, but not limited to, the type and size of plants, number of plants, concentration of plants, depths of soil, use of low-water use plants, and access to light and air for plants.

1. Development shall provide landscaping in accordance with BMC 20.12.030 except as provided herein.

2. Street Trees. One street tree shall be required 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 departments.

3. Surface Parking.

a. Surface parking lots with 15 or more parking spaces shall provide internal landscaping at the rate of 20 square feet of landscaped area per parking stall. The landscaping shall include at least one shrub for every 20 square feet of landscaped area, and one shrub per enclosed bed. One tree shall be required for every 10 open parking spaces. Vegetation ground cover shall be provided for all landscaped areas that will provide 90 percent coverage within two years.

b. Drought tolerant materials shall be used for all plantings unless an irrigation system is provided. A two-year maintenance bond or other financial guarantee acceptable to the city shall be provided in the amount of 50 percent of the value of the landscaping materials and installation. [Ord. 2012-08-041 § 13 (Exh. G)].

20.37.370 Fairhaven urban village – Signs.

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. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, for corresponding development.

2. Signage for industrial uses in industrial zoned areas shall comply with Chapter 20.36 BMC, Industrial Development.

B. General Provisions. No sign shall be permitted unless it complies with the provisions herein.

C. Exemptions. The following signs shall be exempt from the provisions of this title:

1. Traffic signs installed by a government agency.

2. Directional, wayfinding program signs installed by a government agency if the signs are consistent with the provisions of the Fairhaven neighborhood and urban village plan.

3. Tenant panel and directory signs when located within a recessed entry.

4. Interior signs including those painted on the interior of glass windows.

5. Building identification signs or cornerstones are permitted as an integral and architecturally compatible part of the building or structure. Cornerstones shall not exceed four square feet and building identification signs shall not exceed 32 square feet. These exemptions shall not contain any colors, words, letters, numbers, symbols, graphic designs, logos or trademarks for the purpose of identifying a good, service, product or establishment.

6. Directional Signs.

a. Directional signs are limited to six square feet per sign face and three feet in height if freestanding.

b. The message shall not contain the name of the establishment or advertising of any kind. Examples of directional signs include: “Enter,” “Service Entrance,” “No Parking,” etc.

c. There is no limit on the number of directional signs.

D. Standards.

1. Unless specified otherwise herein, the following signs are prohibited:

a. Off-premises, billboard, and rooftop.

b. Flashing, video, electronic, revolving, and any other signs that appear to move or vary in intensity. Animated, moving, blinking or electronic (LED or similar) message boards are permitted only in association with theaters.

c. Halo signs are not permitted within the historic district (see Figure 20.37.370-A).

d. Signs on building walls facing a residentially zoned area when the property whereon the sign is located abuts a residential zoned area.

Figure 20.37.370-A – Historic District and Historic Influence Area.

2. The total gross area of all permanent exterior signs, including wall mounted and projecting signs, for any one building shall not exceed one square foot of area to one lineal foot of street frontage, or 100 square feet, whichever is more restrictive (logos are included).

3. One monument or pole sign per parcel is permitted whether it is for a single or mixed use. Either sign shall not exceed 60 square feet per face or six feet in height measured from existing grade. A pole sign shall be mounted on at least two posts placed at the outermost sides of the sign face.

4. Projecting Signs.

a. Shall not exceed 12 square feet in area and shall have a rectilinear shape to emphasize design elements of the building facade itself. Minor allowances for logo identity are permitted. (See Figure 20.37.370-B.)

b. Shall be mounted to have at least eight feet of clearance from the ground and six inches from the vertical wall.

c. Shall comply with the International Building Code and the requirements of the public works department when projecting over the street right-of-way or public alley.

d. One projecting sign shall be allowed per tenant. Tenants may be grouped onto a single sign not to exceed the maximum 12 square feet. (See Figure 20.37.370-C.)

e. Not obscure a building’s character-defining features.

f. Use permanent, durable materials such as painted or carved wood, individual wood or cast metal letters or symbols, or stone (slate, marble or sandstone). Plastic and other synthetic materials are not appropriate.

g. Be limited to lighting that is subdued, incandescent and front lit from the exterior rather than back lit. Neon signs are permitted.

Figure 20.37.370-B

Figure 20.37.370-C

5. Temporary building signs shall not exceed 32 square feet.

6. Real estate signs are limited to one sign per street frontage, shall be unlighted, and shall not exceed 32 square feet. [Ord. 2017-05-013 § 2; Ord. 2012-08-041 § 13 (Exh. G)].

Article V. Waterfront District Urban Village

20.37.400 Waterfront district urban village – Applicability.

A. The regulations specified in this article shall apply to the use of all public and private land within the waterfront district. Additional development regulations and restrictions apply as outlined in the development agreement adopted by Resolution No. 2013-28.

B. Should the provisions of these sections conflict with any other provision of the Bellingham Municipal Code, except the critical area ordinance, shoreline master program or stormwater regulations, the provisions of these sections shall apply.

C. Nonconformity. Nonconforming uses and buildings that are damaged or destroyed by sudden accidental cause may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided, a complete building permit application for repair and reconstruction is submitted within 12 months of occurrence of the damage or destruction. The planning director may extend the deadline upon finding that the applicant is experiencing undue hardship from unforeseen circumstances in meeting the deadline. New construction, other than routine maintenance on existing structures or reconstruction due to accidental causes, shall comply with the requirements of this article.

D. Amendment.

1. The following amendments shall follow the annual comprehensive plan amendment process outlined in Chapter 20.20 BMC:

a. Any change within a land use area from one land use classification to another (i.e., commercial or institutional mixed-use to industrial mixed-use).

b. Any boundary change between unlike land use classifications (i.e., between commercial or institutional mixed-use and industrial mixed-use).

c. Creation of a new land use area with a new land use classification.

2. The following shall be considered through the rezone procedure in Chapter 20.19 BMC:

a. Changes in the boundaries between like land uses, such as commercial mixed-use and institutional mixed-use.

b. Changes in the zoning of an “area” or portion thereof.

c. Changes in permitted uses and/or density rules shall be considered a rezone, regardless of the land use area in which they appear.

3. All other amendments to BMC 20.37.400 through 20.37.480 shall be considered through the development regulation amendment procedure in Chapter 20.22 BMC. [Ord. 2013-12-090 § 10 (Exh. F)].

20.37.410 Waterfront district urban village – Establishment of boundaries and land use areas.

A. The boundaries of the waterfront district and associated land use areas are delineated in Figure 20.37.410-A.

B. The waterfront district is divided into various commercial, institutional and industrial land use areas. The purpose of these areas is to encourage the clustering of compatible uses, establish areas of unique character, and allow for variance in design and development intensity.

1. Generally. The waterfront district mixed-use designation is intended to implement the waterfront district subarea plan and community vision for the central waterfront. The mix of land uses and densities is intended to attract a compatible mix of commercial, institutional, light industrial, recreational, and urban density residential land uses. Parks, trails, public gathering places and areas for public use and enjoyment of the waterfront are encouraged throughout the district. Development and design standards encourage pedestrian-oriented development at street level and preserve water views from public viewpoints within adjacent neighborhoods through the use of view corridors and building height limitations.

2. Industrial Mixed-Use (IND). The waterfront district industrial mixed-use designation recognizes the value and unique character of property with access or close proximity to navigable water and reserves this property primarily for industrial uses which depend upon or relate to the waterfront, but also allows public facilities, services, commercial and light industrial uses which support or are compatible with an industrial setting in areas where infrastructure supports such uses. Development regulations in this area allow the building height and bulk needed to accommodate marine and industrial uses.

3. Institutional Mixed-Use (IM). The waterfront district institutional mixed use and commercial mixed-use designations are like land use designations with the exception that IM is intended to accommodate higher educational institutions and similar institutional uses or business campuses as the primary use. Building placement within such campuses in the institutional mixed-use subzone may be in accordance with an adopted master plan prepared for the campus area. Research facilities, offices, retail, recreation, business and personal services and residential uses are also encouraged within the district to complement and support the institutional or business campus uses.

4. Commercial Mixed-Use (CM). The waterfront district commercial mixed-use designation is characterized by a mix of residential, commercial, offices, recreation and public uses. Eating, drinking, entertainment, retail and service establishments are encouraged at ground level.

[Ord. 2013-12-090 § 10 (Exh. F)].

20.37.420 Waterfront district urban village – Uses.

A. Uses are established in Table 20.37.420-A, and the following:

1. Land use classifications are listed on the horizontal axis. Waterfront district land use areas are shown on the vertical axis.

2. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.

3. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC and to general requirements for the use and the use area.

4. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).

5. If a (number) appears in the box at the intersection of the column and the row, the use may be permitted in the use area subject to the special limitation indicated in the corresponding “note” at the end of the table.

6. Use Determination. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the planning and community development director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the use area.

7. Interim permitted uses are allowed in accordance with the development agreement approved by Resolution No. 2013-28, or as amended by city council action.

8. Shoreline Master Program. Specific uses allowed in Table 20.37.420-A may be restricted by the shoreline master program.

 

Table 20.37.420-A Permitted Uses
  P = Permitted (#) = See Notes C = Conditional N = Not allowed

LAND USE CLASSIFICATION

Area

Industrial Mixed-Use

Commercial Mixed-Use

Institutional Mixed-Use

A. RESIDENTIAL USES

 

 

 

1. Bed and breakfast

N

N

N

2. Confidential shelters (subject to BMC 20.10.047)

N

P

P

3. Hotel, motel and hostel

N

P(1)

P(1)

4. Residential uses

N

P(1)

P(1)

5. Night watchman or caretaker quarters

P

P

P

B. COMMERCIAL

 

 

 

1. Adult entertainment

N

N

N

2. Commercial recreation

C(5)

P

P

3. Crematory

P

N

N

4. Day care

N

P

P

5. Day treatment center

N

P

P

6. Drinking establishment

P(5)

P

P

7. Drive-up/drive-through facilities such as bank tellers, food and beverage services, laundry pick-up, and car washes

P(4)

N

N

8. Eating establishment

P(5)

P

P

9. Live/work unit

N

P

P

10. Motor vehicles sales, limited to automobiles, motorcycles, scooters, recreational vehicles

N

P(7)

P(7)

11. Nightclubs

N

P

P

12. Offices, including child placement agency, post office and tourism center

P(6)

P

P

13. Repair of small equipment and items such as appliances, electronics, clocks, furniture, hand tools and watches

P

P(2)

P(2)

14. Retail sales, except as restricted in subsection (B)(10) of this table

P(6)

P

P

15. Services, personal

N

P

P

16. Service stations and gas stations

P(4)

N

N

17. Water-related and water-dependent commercial, recreation and transportation uses such as: boat launching facilities, boat rental and sales, boat charter or cruise facilities, visitor moorage, boat storage, marina, water based transportation, and offices and retail supporting the same

P

P

P

C. HEALTH CARE

 

 

 

1. Doctor, dentist, medical and therapy office and/or laboratory

N

P

P

2. Medical care facility

N

P

P

3. Service care

N

P

P

4. Veterinary service, animal hospital and small animal care shop

P(2)

P(2)

P(2)

D. PUBLIC AND SEMI-PUBLIC ASSEMBLY

 

 

 

1. Aquarium, interpretive center, library and museum

P

P

P

2. Art gallery, art school, and commercial art studio

P

P

P

3. Auditorium, stadium and theater

C(4)

P

P

4. Church and house of worship

C(4)

C

C

5. Community center

C

P

P

6. Convention center

C

P

P

7. Institution of higher education

P(4)

P

P

8. Neighborhood club and activity center

N

P

P

9. Park, trail and playground

P

P

P

10. Passenger terminal

P

P

P

11. Private club and lodge

P

P

P

12. Public building and use

P

P

P

13. School

C

P

P

E. INDUSTRIAL

 

 

 

1. Automobile repair

P

N

N

2. Automobile wrecking

N

N

N

3. Commercial electrical power generation per BMC 20.36.030

P

N

N

4. Hazardous waste treatment and storage facility per BMC 20.16.020(G)(1)

C

N

N

5. Manufacture and assembly

P

P(2)

P(2)

6. Mini-storage facility

P

P(8)

P(8)

7. Monument and stone works

P

N

N

8. Repair of large equipment such as vessels, vehicles and floor based tools

P

N

N

9. Warehousing, wholesaling and freight operation

P

N

N

10. Water-related and dependent industrial uses such as: aquaculture, barge loading facility, boat/ship building, boat repair, dry dock, net repair, seafood processing, cargo terminal, web house, and offices supporting the same

P

N

N

F. MISCELLANEOUS USES

 

 

 

1. Adaptive uses for historic register buildings per BMC 17.90.080 and 20.16.020

P

P

P

2. Agricultural nursery

P(7)

N

N

3. Community gardens

N

P

P

4. Community public facilities per BMC 20.16.020(J)(4)

P

P

P

5. Parking facility (nonretail)

P

P

P

6. Parking facility (retail)

P

P

P

7. Public utilities on private property

P

P

P

8. Public utilities within a public right-of-way or park

P

P

P

9. District-specific utilities

P(9)

P(9)

P(9)

10. Recreational vehicle park

N

N

N

11. Recycling collection center

P

P(3)

P(3)

12. Recycling and refuse collection and processing

P(3), C(10)

N

N

13. Wireless communications facility per Chapter 20.13 BMC

P, C

P, C

P, C

Notes:

(1) Residential units or hotel rooms may not occupy the street level frontage on Granary or Bloedel Avenue.

(2) Provided noise, smell and other impacts are internalized within an enclosed structure.

(3) Facilities shall be sized and designed to collect waste from residents, businesses and visitors to the waterfront district and shall not be used to collect or treat waste imported from outside of the district.

(4) Provided the project site has frontage on an arterial public street improved to a Type 1A or Type 1B street standard depicted in the waterfront district subarea plan, multi-modal circulation and parking chapter, or an alternate standard approved by the public works director.

(5) Provided the project site has frontage on an arterial public street improved to a Type 1A or Type 1B street standard depicted in the waterfront district subarea plan, multi-modal circulation and parking chapter, or an alternate standard approved by the public works director, or is located adjacent to the public park and trail planned along the frontage of the new ASB marina. Such uses may not be approved adjacent to the marina until after the marina and associated public access and parking are constructed.

(6) Provided the office or retail uses are related to construction, shipping, industrial or marine-related activities, or the sale of products manufactured or processed within the district. Retail sales in buildings adjacent to the new ASB marina may include food, alcohol and other commodities intended to serve boaters or marina customers after the marina has been constructed and is open for vessel use.

(7) When entirely enclosed within a structure.

(8) The floor area devoted to mini-storage shall be less than 50 percent of the floor area of other permitted use(s) on site, and mini-storage uses are prohibited on ground level street frontages except for entry, office and similar active uses.

(9) As allowed through approval of a waterfront utility master plan.

(10) Conditional for facilities that collect or process recycling or refuse imported from outside the district.

[Ord. 2013-12-090 § 10 (Exh. F)].

20.37.430 Waterfront district 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 waterfront district urban village.

B. Design Review. See Chapters 20.25 and 21.10 BMC for applicable design review areas, standards, and procedures.

C. Subdivision. Except where the provisions of this section conflict with any other provisions, the subdivision of land within the district shall comply with Chapter 58.17 RCW and BMC Title 18, as applicable.

1. There shall be no minimum lot width, depth or street frontage requirements for lots created for the purposes of residential, commercial, mixed-use, industrial, or institutional uses.

2. Land divided through the binding site plan shall comply with Chapter 18.24 BMC, except as modified herein.

a. Land divided through the binding site plan may include residential uses provided such division of land is compliant with RCW 58.17.035.

b. A separate general binding site plan contract is not required. The waterfront subarea plan and this section shall be considered the contract.

c. All lots must abut appropriate utilities located in either right-of-way or adequate easements.

D. Minimum Lot Size. None.

E. Maximum Density. Building floor area ratios shall be consistent with subsection (H) of this section.

F. Setbacks.

1. There shall be no minimum yards or building setbacks in commercial or institutional mixed-use subzones.

2. The location and screening of buildings and uses in the industrial mixed-use subzone shall comply with BMC 20.37.470, Waterfront district urban village – Landscaping.

G. Maximum Building Height.

1. Maximum building heights within the waterfront district are shown on Figure 20.37.430-A except as provided herein.

2. Height is measured per height definition No. 1. Exceptions:

a. Waterfront topography will be raised during construction in conformance with requirements of the waterfront district planned action ordinance (Chapter 16.30 BMC, Exhibit A) to account for sea level rise and installation of public infrastructure. Existing grade shall be that which is established with such fill activities when height is not measured from an abutting city sidewalk.

b. A building may be divided into modules and stepped with height measured on a per module basis to respond to topography on sloped property.

3. Solar and wind power generating facilities may be permitted to exceed maximum building height limits, provided they are not located within view corridors.

4. View Corridors.

a. View corridors within the waterfront district are shown on Figure 20.37.430-A.

b. Building height within view corridors is limited to 35 feet. Where view corridors fall within public rights-of-way, the view corridor extends to the edge of the right-of-way. View corridors which do not fall within public rights-of-way extend 30 feet on either side of the centerline of the designated view corridor.

c. Height within view corridors is measured to the highest point of the building or structure. Encroachment above the height limit into view corridors by rooftop objects such as mechanical equipment, elevator and stair shafts, smokestacks and ventilators is prohibited, other than eaves, cornices, awnings, decks with see-through railings and other similar features not exceeding four feet tall.

d. Exempt Structures. Structures of iconic art and historic waterfront structures that may be preserved and/or moved are exempt from view corridor height limits.

5. Properties within the jurisdiction of the shoreline master program are also regulated by the height limits as defined in the shoreline master program. Where conflicts arise, the more restrictive height applies.

6. Building height is further defined by building step backs, tall building floor plate restrictions and tower location standards as specified in the applicable design standards in BMC 20.25.080.

H. Floor Area Ratio (FAR).

1. Purpose. The maximum floor area ratio (FAR) standards are intended to allow for modulation in individual buildings and flexibility in how to mass buildings on the site. Floor area ratios, combined with the density bonuses, height limits, view corridors and design standards are intended to implement the waterfront district subarea plan.

2. Floor Area Ratio (FAR) Standard.

a. Base and maximum FAR for each subzone are illustrated on Figure 20.37.430-B. Industrial mixed-use land use areas are exempt from FAR.

b. Floor area transfer and bonuses outlined in Table 20.37.430-A provide the opportunity to increase FAR on individual building sites in the commercial and institutional mixed-use areas by a maximum of 2.0 FAR to the maximum FAR shown on Figure 20.37.430-B.

3. Transfer of Floor Area. FAR may be transferred between properties that are part of a single development plan, provided:

a. The designs for the sending and receiving properties are reviewed at the same time.

b. The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

4. Floor Area Bonus Options. Floor area bonus options summarized in Table 20.37.430-A and fully described in subsection (H)(4)(c) of this section are offered as incentives to encourage facilities and amenities that implement the waterfront district subarea plan.

a. Projects may use more than one bonus option unless specifically stated otherwise; bonus floor area amounts are additive.

 

Table 20.37.430-A Summary of Floor Area Ratio Bonus Options 

Bonus Option

Floor Area Bonus

Minimum LEED Platinum or Living Building Certification (or equivalent)

2.0 FAR bonus

Public Plazas and Open Spaces

Provide 1 square foot of public open space; receive 2.5 square feet of building space.

Affordable Housing

Provide 1 square foot; receive 4 square feet bonus

Minimum LEED Gold Certification (or equivalent)

1.0 FAR bonus

Minimum LEED Silver Certification (or equivalent)

0.5 FAR bonus

Lake Whatcom Watershed Property Acquisition Program

Receive 1 SF for each fee unit paid (see Lake Whatcom watershed acquisition fee schedule)

b. The maximum FAR increase that may be earned through the bonus options shall not exceed the maximum allowed FAR illustrated on Figure 20.37.430-B.

c. Bonus Options.

i. Public Plazas and Open Spaces. Floor area may be transferred to and from any property within the waterfront district when approved by the planning director, provided:

(A) The transferred floor area will result in the provision of a public plaza or open space to remain open to the public in accordance with park hours established in BMC 8.04.040.

(B) For each square foot of base FAR allowed by the development code transferred from an eligible site, two and one-half square feet of bonus floor area are earned on the receiving site(s) up to a maximum of 1.0 FAR per receiving site.

(C) The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

ii. Affordable Housing. Development which includes affordable owner-occupied housing or affordable renter-occupied housing which is ensured affordable for a period of not less than 50 years, or for a lesser period established in an adopted state or federal affordable housing finance and monitoring program, and documented through deed restriction and/or covenant, and where such units’ affordability is ensured through enforcement and monitoring by a public agency.

(A) For each square foot of affordable housing, four square feet of bonus floor area are earned, up to a maximum of 0.5 FAR.

(B) “Affordable owner-occupied housing” means housing units sold at a price affordable to households earning no more than 100 percent of Bellingham’s median household income as published annually by the U.S. Department of Housing and Urban Development (“HUD”).

(C) “Affordable renter-occupied housing” means housing units rented to households earning no more than 80 percent of Bellingham’s household income as published annually by HUD.

iii. Leadership in Energy and Environmental Design (LEED) Certification or Living Building (or Equivalent). Buildings that incorporate sustainable design may receive a graduated (0.5 to 2.0) FAR bonus. To qualify for this bonus, the proposed project shall be certified by the planning director as a minimum LEED silver, gold, platinum or living building challenge certification (or equivalent).

iv. Lake Whatcom Watershed Property Acquisition Program (LWWPAP). Contributors to the LWWPAP receive floor area bonuses when approved by the planning director, provided:

(A) Bonus floor area earned is paid for on a per square foot basis according to a fee schedule established by city council resolution.

(B) Floor area paid for and floor area earned is at a 1:1 ratio, such that for each square foot paid for, one square foot of floor area is earned on the receiving site up to a maximum 0.5 FAR bonus.

(C) The applicant must submit with the application for land use review a letter from the Bellingham finance department documenting the amount which will be contributed to the LWWPAP.

I. Building Requirements for a Noise Level Reduction of 30 dB.

1. Applicability. New development shall comply with the requirements of this section or BMC 20.25.080(D)(1)(h) (Acoustical Site Planning).

2. Compliance. Compliance with this section shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 30 decibels. The requirements of this section shall apply to the design of the exterior envelope of all buildings in the waterfront district area designed for residential occupancy.

3. Exterior Walls.

a. Exterior walls shall have a laboratory sound transmission class rating of at least STC-35.

Exception: Insulated walls that are constructed in accordance with the Washington State Energy Code and that have interior and exterior sheathing of not less than five-eighths-inch thick, or walls built in accordance with the following, shall be considered to meet the STC-35 requirements:

i. Masonry and concrete walls having a weight of at least 40 pounds per square foot. These walls are not required to be furred out on the interior of the wall if at least one surface of the concrete block wall is plastered.

ii. Stud walls at least four inches in nominal depth shall be considered to meet the above requirements if built as defined below and to ASTM E497, Standard Practice for Installing Sound-Isolating Lightweight Partitions.

(A) The interior surface of the exterior walls shall be covered with gypsum board or plaster at least one-half-inch thick. If the exterior of the wall is stucco or brick veneer, the interior gypsum board or plaster may be fastened rigidly to the studs. If the exterior is of any other siding, the interior gypsum board or plaster shall be fastened resiliently to the studs.

(B) Insulation material at least R-19 or of a higher insulating value when required by the Washington State Energy Code shall be installed continuously throughout the cavity space, installed as specified in the Washington State Energy Code.

(C) The outside of the wall shall be covered with a continuous layer of composition board, plywood, gypsum board, or a combination of these materials that is not less than three-quarters-inch thick.

(D) Outside sheathing panels shall be covered with a layer of building paper, or equivalent, installed in accordance with the Washington State Building Code Act (Chapter 19.27 RCW).

(E) Siding shall be installed over the building paper.

4. Exterior Windows.

a. Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC-33.

Exception: Windows meeting the criteria listed below shall be considered to meet the STC-33 requirement:

i. A window that is double-glazed with the glass at least one-eighth-inch thick with not less than a one-half-inch air space between the glass panels.

b. All windows shall be installed to meet the following requirements:

i. The glass shall be sealed into the frame in an airtight manner with a nonhardening sealant or a soft elastomer gasket, or gasket tape.

ii. They shall be weather-stripped to conform to an air infiltration test not to exceed one-half cubic foot per minute per foot of crack length, in accordance with ASTM E-283-65-T.

iii. The perimeter of the window frames shall be sealed to the exterior wall construction in accordance with the Washington State Energy Code.

5. Exterior Doors.

a. Doors other than as described in this section shall have a laboratory sound transmission class rating of at least STC-33.

Exception: Doors meeting the following criteria shall be considered as meeting the STC-33 rating:

i. Double-door construction, where a minimum space between the double doors shall be not less than three inches, is required.

ii. At side-hinged doors, at least one of the doors shall be a solid-core wood, or insulated hollow metal, that is not less than one-and-three-quarters-inch thick at its thinnest point. The second door may be a storm door. Both doors shall meet all requirements of this section.

iii. Glass installed in a solid-core wood door, that has a total area of more than two square feet, shall be not less than three-sixteenths-inch thick.

iv. All glass and glazing shall be sealed in an airtight manner with a nonhardening sealant or in a soft elastomer gasket or glazing tape.

v. Exterior sliding glass doors shall be weather-stripped with an efficient airtight gasket system.

vi. The double sliding glass doors shall be double-glazed with a separation between glass panels of not less than one-half inch. The glass used in the double-glazed glass panels shall be of unequal thickness.

b. All doors shall be installed to meet the following requirements:

i. They shall be weather-stripped to conform to an air infiltration test not to exceed one-half cubic foot per minute per foot of crack length, in accordance with ASTM E-283-65-T.

ii. The perimeter of the doorframes shall be sealed to the exterior wall construction in accordance with the Washington State Energy Code.

6. Roof/Ceiling.

a. Combined roof and ceiling construction other than described in this section shall have a laboratory sound transmission class rating of at least STC-44.

Exception: Roof-ceiling assemblies that are constructed in accordance with the Washington State Energy Code, and the following criteria, shall be considered to meet the STC-44 requirement:

i. The roof deck shall be sheathed with not less than three-quarters-inch composition board, plywood or gypsum board sheathing, topped by roofing.

ii. Ceiling insulation shall be not less than R-19, and not less than the minimum requirement of the Washington State Energy Code. The insulation shall be installed with not less than six inches average air space between the insulation and the roof deck.

iii. Gypsum board or plaster ceilings shall be not less than five-eighths-inch thick.

iv. The ceiling shall be substantially airtight with a minimum of penetrations. Lighting fixtures penetrating the ceiling assembly shall be in accordance with the requirements in the Washington State Energy Code. Other types of penetrations shall be treated in a similar manner to the requirements in the Washington State Energy Code. [Ord. 2013-12-090 § 10 (Exh. F)].

20.37.440 Waterfront district urban village – Sustainability.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the waterfront district urban village, except when a project incorporates a FAR bonus having LEED Certification or equivalent consistent with BMC 20.37.430(H)(4)(c)(iii).

B. Intent. To promote sustainable design and development practices consistent with the LEED neighborhood design program and create a framework for environmental stewardship.

C. Standards. All new development within the waterfront district shall meet the following minimum standards for energy and water efficiency and recycling:

1. Light Pollution Reduction. Lighting in industrial areas shall be directed downward or shielded to avoid unnecessary glare on adjacent residential or mixed-use areas.

2. Landscape Irrigation. Landscaping with native or drought-tolerant plants which do not require permanent irrigation systems is encouraged. If irrigation systems are installed for landscaping or uses such as rooftop and patio vegetable gardens to provide local or personal food production, irrigation systems shall use only captured rainwater, recycled wastewater, or water treated and conveyed by a public agency specifically for nonpotable uses. Temporary irrigation systems used for plant establishment are allowed to utilize potable water if removed within three years of installation. All landscaping areas shall be consistent with BMC 20.37.470.

3. Energy Conservation. To minimize energy use, new development shall be designed to include two or more of the following energy reduction features:

a. Orient buildings for use of passive and active solar heating systems.

b. Use of solar energy, heat and hot water systems.

c. Comply with energy conservation element for LEED, GreenBuilt or other sustainable building program.

d. Use of interior motion sensor light switches.

e. Use of solar powered walkway or outdoor lighting.

f. Use of light tubes for natural lighting.

g. Use of Federal Energy Star Label Program.

4. Recycling Facilities. Buildings or building complexes larger than 20,000 square feet shall include at least two of the following for building occupants, and publicize the availability and benefits of the drop-off point(s), station(s), or services:

a. A drop-off point for office or household potentially hazardous wastes such as paints, solvents, oil, batteries, and fluorescent light bulbs;

b. At least one recycling or reuse station as available to building occupants dedicated to the separation, collection, and storage of materials for recycling including, at a minimum, paper, corrugated cardboard, glass, plastics and metals;

c. A collection station available to building occupants dedicated to the collection of landscaping and food wastes and other compostable materials.

5. Construction Waste Recycling. At least 50 percent of nonhazardous construction and demolition debris shall be recycled. The developer shall prepare and implement a construction waste management plan that, at a minimum, identifies the materials to be diverted from disposal and whether the materials will be stored on site or commingled, ensures jobsite personnel understand and participate in the program, and retain verification records (waste haul receipts, waste management reports, spreadsheets, etc.) to confirm the diverted materials have been recycled or salvaged as intended. The plan shall be submitted at time of building permit application or as approved in writing by the director.

6. District-Specific Utilities. If available and implemented through a waterfront utility master plan, all new development within the downtown waterfront area shall connect to and utilize district specific utilities, such as district energy, district heating and nonpotable water systems. Uses in other areas may connect to district-specific utilities as approved by the Public Works Department. [Ord. 2013-12-090 § 10 (Exh. F)].

20.37.450 Waterfront district urban village – Parking.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the waterfront district urban village. All parking standards in Chapter 20.12 BMC concerning applicability, general provisions, design provisions and improvement standards shall apply except as provided herein.

B. Uses shall provide parking as follows. Fractions are rounded up to the next whole number.

1. Minimum parking requirements for use designations of the waterfront district shall be per Table 20.37.450-A, Minimum Parking Requirements.

2. If a use is not readily classified within the zoning classifications, then the planning and community development director shall determine the standards which shall be applied.

Table 20.37.450-A: Minimum Parking Requirements 

Residential

0.5 space per studio unit.

0.75 space per 1-bedroom unit.

1.00 space per unit having 2 or more bedrooms.

Commercial and Institutional

1 space per 500 SF of gross floor area used for offices, retail, services, eating and drinking establishments, cultural or education facilities and similar uses.

Industrial and Manufacturing

1 space per 5,000 square feet of gross floor area or 1 per 2 employees (working at the same time), whichever is greater.

Warehousing and Wholesale

1 space for every 20,000 square feet of gross floor area or 1 per 2 employees (working at the same time), whichever is greater.

Mini-Storage

1 space for every 2,000 square feet of storage area plus 3 spaces for the manager’s office.

Marinas

See Shoreline Master Program.

Boat Launches

See Shoreline Master Program.

3. Buildings existing as of December 9, 2013, are exempt from the requirement to provide additional parking due to a use change.

4. The planning and community development director shall have the authority to waive parking requirements when consistent with an area-wide parking plan and/or district pursuant to BMC 20.12.010(A).

5. Existing buildings listed on the local, state or federal register of historic places are exempt from required parking for a one-time floor area expansion provided (1) the floor area expansion is limited to an area equal to 10 percent of the area of the existing building and (2) existing conforming parking on site shall not be displaced except as otherwise may be allowed. If the listed historic building provides 10 percent or less of the on-site parking that would be required for an equivalent new building, the planning director may allow displacement of some or all of the on-site parking.

6. The creation of new improved on-street parking that abuts a project site may count toward on-site parking requirements when the new street parking will increase the supply of improved on-street public parking. The parking and street design shall be consistent with the standards in BMC 20.37.460, and subject to public works department approval.

7. Parking garages or shared parking facilities located within 1,000 feet of the uses they serve may be counted toward the on-site parking requirements for the use, provided an off-site or shared parking agreement is approved for use of the facility.

C. Unbundled Parking. Unbundled parking means that the parking required of a project is not assigned to building space; it is sold or leased separately.

1. Purpose. To make more efficient use of parking that is required of a project but not otherwise used or needed by tenants of the project.

2. Taking into account that the parking required of a project represents the parking demand added to the general vicinity, any parking space constructed in the waterfront district can be made available to any on- or off-site use, on a fee or lease basis, to provide more opportunities to satisfy the local parking demand.

D. Shared Parking.

1. Purpose. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate.

2. The amount of off-street parking required by this section may be reduced by an amount determined by the planning director when shared parking facilities for two or more uses are proposed; provided, that the requirements stated in BMC 20.12.010(A)(6) are met.

E. Parking Reduction Allowed. The planning director may administratively reduce parking for uses that are inherently less auto dependent, and for mitigation provided in lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 19.06.040(B)), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5).

F. Parking Design.

1. The location and screening of parking facilities in the waterfront district shall comply with BMC 20.37.470, Waterfront district urban village – Landscaping.

2. Commercial and Institutional Mixed-Use Areas.

a. Individual surface parking lots or ground-level garages shall not be larger than two acres unless they are located under or over space intended for human occupancy.

b. To minimize the heat island impact of surface parking lots, a minimum of 50 percent of all off-street parking spaces shall be:

i. Located within a building or parking structure;

ii. Placed under cover in a structure with a roof having a solar reflective index (SRI) of at least 29;

iii. Use paving materials with a SRI of at least 29; or

iv. Shaded by landscaping within five years of occupancy.

3. Interim Surface Parking.

a. Intent. Interim surface parking may be permitted on parcels intended for redevelopment and should not remain in excess of 10 years in commercial and institutional mixed-use areas.

b. Standard. Alternative development standards may be approved by the planning director for interim surface parking lots provided stormwater is treated in accordance with city stormwater regulations and a clear timeline is established for converting the lot to an alternate use.

G. Bike Parking.

1. Number of Spaces Required. Bicycle parking is required for certain use categories to encourage the use of bicycles by providing safe and convenient places to park bicycles. These regulations ensure adequate short- and long-term bicycle parking based on the demand generated by the different use categories and on the level of security necessary to encourage the use of bicycles for short and long stays.

a. The required minimum number of bicycle parking spaces for each use category is shown on Table 20.37.450-B. No bicycle parking is required for uses not listed.

b. The required minimum number of bicycle parking spaces is based on the primary uses on a site. When there are two or more separate primary uses that operate at the same time on a site, the required bicycle parking for the site is the sum of the required parking for the individual primary uses.

2. Exemptions.

a. No long-term bicycle parking is required on a site where there are less than 2,500 square feet of gross building area.

b. No bicycle parking is required for unattended surface parking lots.

3. Bicycle Parking Standards.

a. Short-Term Bicycle Parking.

i. Purpose. Short-term bicycle parking encourages shoppers, customers, messengers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles. Short-term bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists.

ii. Standards.

(A) Required short-term bicycle parking shall be located:

(1) Outside a building;

(2) On the site;

(3) At the same grade as the sidewalk or at a location that can be reached by an accessible route; and

(4) Within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route. For sites that have more than one primary building, the bicycle parking shall be within 50 feet of a main entrance as measured along the most direct pedestrian access route, and shall be distributed to serve all primary buildings.

(B) Short-term bike parking may be located within the public right-of-way provided the location and design are subject to public works department approval.

Table 20.37.450-B: Minimum Required Bicycle Parking 

Specific Use

Long-Term Spaces

Short-Term Spaces

1. Multifamily housing

2, or 0.5 per bedroom and studio unit.

2, or 1 per 20 dwelling units.

2. Commercial: Retail sales and service, including eating and drinking establishments

2, or 1 per 12,000 sq. ft. of gross floor area.

2, or 1 per 5,000 sq. ft. of gross floor area.

3. Commercial: Office

2, or 1 per 10,000 sq. ft. of gross floor area.

2, or 1 per 20,000 sq. ft. of gross floor area.

4. Commercial: Off-street parking lots and garages available to the general public without charge or on a fee basis

2, or 1 per 20 automobile spaces.

6, or 1 for each 20 automobile spaces.

Note: Wherever this table indicates two numerical standards, such as “2, or 1 per 5,000 sq. ft. of gross floor area,” the larger number applies.

b. Long-Term Bicycle Parking.

i. Purpose. Long-term bicycle parking provides employees, residents, commuters and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles. Although long-term parking does not have to be provided on site, the intent of these standards is to allow bicycle parking to be within a reasonable distance in order to encourage bicycle use.

ii. Standards. Required long-term bicycle parking shall be:

(A) Provided in racks or lockers that meet the standards of subsection (G)(3)(c) of this section;

(B) Located on the site or in an area where the closest point is within 300 feet of the site;

(C) Covered. At least 50 percent of required long-term bicycle parking shall be covered and meet the standards of subsection (G)(3)(c)(v) of this section (Covered Bicycle Parking); and

(D) Secured. To provide security, long-term bicycle parking shall be in at least one of the following locations:

(1) In a locked room;

(2) In an area that is enclosed by a fence with a locked gate. The fence shall either be eight feet high or be floor-to-ceiling;

(3) Within view of an attendant or security guard;

(4) In an area that is monitored by a security camera; or

(5) In an area that is visible from employee work areas.

c. Standards for All Bicycle Parking.

i. Purpose. These standards ensure that required bicycle parking is designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage.

ii. Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers shall be securely anchored.

iii. Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks, the racks shall meet the following standards:

(A) The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle;

(B) A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and

(C) The rack shall be securely anchored.

iv. Parking and Maneuvering Areas.

(A) Each required bicycle parking space shall be accessible without moving another bicycle;

(B) There shall be an aisle at least five feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and

(C) The area devoted to bicycle parking shall be hard surfaced.

v. Covered Bicycle Parking. Covered bicycle parking, as required by this section, can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover shall be:

(A) Permanent;

(B) Designed to protect the bicycle from rainfall; and

(C) At least seven feet above the floor or ground.

vi. Signs. If required bicycle parking is not visible from the street or main building entrance, a sign shall be posted at the main building entrance indicating the location of the parking. [Ord. 2017-03-009 § 37; Ord. 2013-12-090 § 10 (Exh. F)].

20.37.460 Waterfront district urban village – Complete streets.

A. Unless an alternate standard is approved by the public works director, all public and private roads constructed within the waterfront district shall be open to the public and constructed in accordance with the street standards adopted in Chapter 13.04 BMC.

B. Street width, sidewalks and bicycle facilities shall be consistent with the street designs for the various street types depicted in the waterfront district subarea plan, multi-modal circulation and parking chapter. An alternate standard with equivalent pedestrian and bicycle access may be approved by the public works director.

C. Except for industrial uses, blocks shall be of similar size or smaller than the blocks in the existing central business district. Any block exceeding 240 feet in length or depth shall include an alley or pedestrian access through the block, and large buildings located on oversize blocks shall include a pedestrian route through the building, unless otherwise approved by the planning director.

D. If any cul-de-sacs are created, bicycle or pedestrian access shall be established to connect the end of the cul-de-sac to an adjacent public street, park or trail, unless access is restricted by steep slopes, the railroad or a water body.

E. Arterial streets shall be designed to accommodate transit use, with transit stops or pull-outs located a maximum of one-fourth mile apart.

F. Where feasible, transit stops shall be located within or adjacent to a building with weather protection or include a partially enclosed shelter to buffer wind and rain, with a bench, lighting, and a kiosk, bulletin board or sign with route information and schedules. [Ord. 2013-12-090 § 10 (Exh. F)].

20.37.470 Waterfront district urban village – Landscaping.

A. Applicability. This section provides the landscaping requirements for all uses permitted within the waterfront district.

1. Vegetation size, species and planting standards shall be as specified in BMC 20.12.030(D) unless specified otherwise herein.

2. 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 for the landscaping.

3. 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.

4. 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.

5. Departures from Landscaping Requirements. The director may approve departures from the landscaping requirements pursuant to BMC 20.25.080(D).

B. Requirements.

1. Commercial and Institutional Mixed-Use Areas.

a. Where open maintenance/storage yards, loading areas, internal vehicular circulation or open parking areas abut a street, trail or park, a landscape buffer a minimum of five feet deep shall be planted along the park, trail or street frontage.

2. Industrial Mixed-Use Areas.

a. Where buildings containing industrial uses abut an arterial street, trail or park, a landscape buffer having a minimum 20-foot depth shall be planted along the park, trail or street frontage.

b. Where open construction/maintenance/storage yards or loading areas abut an arterial street, trail or park, or are adjacent to land zoned CM or IM, a landscape buffer having a minimum 10-foot depth shall be planted along the park, trail or street frontage.

c. Where open internal vehicular circulation or parking areas abut an arterial street, trail or park, a landscape buffer a minimum of five feet deep shall be planted along the park, trail or street frontage.

d. The planning and community development director may reduce or eliminate the landscape buffer in subsection (B)(2)(a) of this section if all of the following criteria can be met for the wall length within the yard being reduced:

i. 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.

ii. When the wall length within the yard being reduced fronts a street, a customer-oriented pedestrian entry faces, and is accessible from, the street.

iii. All parking facilities are located to the side or rear of the building having a reduced yard.

iv. Unless otherwise prohibited in Table 20.37.420-A or the shoreline master program, 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.

3. Street Trees.

a. One street tree shall be provided for every 50 feet of street frontage.

b. Street trees within view corridors shall be slow growing species with narrow canopy.

4. Parking Lot Landscaping.

a. In commercial and institutional mixed use areas, surface parking lots with 15 or more parking spaces shall provide internal landscaping at the rate of 20 square feet of landscaped area per parking stall. The landscaping shall include at least one shrub for every 20 square feet of landscaped area and one shrub per enclosed bed. One tree shall be required for every 10 open parking spaces. Vegetation ground cover shall be provided for all landscaped areas that will provide 90 percent coverage within two years. This provision may be applied at the discretion of the planning director in industrial mixed use areas when developed with a commercial use.

b. Areas between surface parking lots and adjacent property, except for ingress/egress lanes, shall be landscaped. Planting beds must be at least five feet wide. Exceptions:

i. A single five-foot-wide landscape bed may be installed between adjacent properties when parking thereon is developed in a coordinated fashion.

ii. Landscaping between surface parking lots on adjacent properties may be waived by the planning director when the parking on said properties will be shared or unbundled as specified in BMC 20.37.450(C) and (D).

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

d. A wall or evergreen hedge designed to be maintained at a height of at least two and one-half feet and not more than three and one-half feet is required along the frontage of any street level open parking lot that fronts on an arterial street or park, or that is located in or across a right-of-way from a commercial or institutional mixed zone. Open trellis work or similar features that can be seen through may extend above the wall. Street trees with canopies above pedestrian height may be included. Planting beds must be at least five feet wide. (See Figure 20.37.470-A.)

e. Perimeter landscaping may not substitute for interior landscaping. However, interior landscaping may join perimeter landscaping as long as it extends at least four feet into the parking area from the perimeter landscape line.

f. A rain garden, bioswale or low water use alternative landscaping feature may be used to screen surface parking lots, provided the planting bed is at least five feet wide and includes shrubs or grasses which can be maintained at a height between two and one-half feet and three and one-half feet the majority of the year.

g. Interim Surface Parking. Alternative development standards may be approved by the planning director for interim surface parking lots provided stormwater is treated in accordance with city stormwater regulations and a clear timeline is established for converting the lot to an alternate use.

5. All Landscaping.

a. Landscape beds shall include trees and a mix of small, medium and large plantings for a “layered” appearance, except where landscaping standards require a hedge, or an alternative design is approved by the planning director.

b. Crime Prevention through Environmental Design (CPTED). Plant selection and maintenance shall incorporate CPTED principles to provide adequate visibility from sidewalks, trails and adjacent uses, and minimize squatting and loitering.

c. Native Vegetation. Where feasible, landscaping should include drought-tolerant or native plant species.

d. Irrigation. If permanent irrigation systems are installed, they shall utilize captured rainwater, treated wastewater or water from other non-potable source. Temporary irrigation systems may be installed for up to three years to allow new landscaping to be established.

e. Bioretention Facilities. Bioretention facilities or bioswales for stormwater treatment may be located within public rights-of-way or parks adjacent to public right-of-way in place of required street trees or landscaping. [Ord. 2013-12-090 § 10 (Exh. F)].

20.37.480 Waterfront district urban village – Signs.

A. General Provisions. All signage in the waterfront district shall comply with the provisions herein. Sign size and location standards may be administratively modified through the design review process to minimize view impacts to identified views of significance.

B. Exemptions. The following signs shall be exempt from the provisions of this title:

1. Traffic signs installed by a government agency.

2. Directional, wayfinding program signs installed by a government agency if the signs are consistent with the provisions of the waterfront district plan.

3. Tenant panel and directory signs when located within a recessed entry.

4. Interior signs including those painted on the interior of glass windows.

5. Building identification signs or cornerstones are permitted as an integral and architecturally compatible part of the building or structure. Cornerstones shall not exceed four square feet and building identification signs shall not exceed 32 square feet. These exemptions shall not contain any colors, words, letters, numbers, symbols, graphic designs, logos or trademarks for the purpose of identifying a good, service, product or establishment.

6. Directional Signs.

a. Directional signs are limited to six square feet per sign face and three feet in height if freestanding.

b. The message shall not contain the name of the establishment or advertising of any kind. Examples of directional signs include: “Enter,” “Service Entrance,” “No Parking,” etc.

c. There is no limit on the number of directional signs.

7. Marine navigational aids.

C. Standards.

1. Unless specified otherwise herein, the following signs are prohibited:

a. Off-premises, billboard, and rooftop.

b. Flashing, video, electronic, revolving, and any other signs that appear to move or vary in intensity. Animated, moving, blinking or electronic (LED or similar) message boards are permitted only in association with theaters, stadiums, arenas, convention centers and similar large public assembly venues.

2. All signage must be an integral, coordinated part of a sign design plan for the entire building or complex under one ownership.

3. All signs shall be mounted against the side of the building except as provided below.

4. One freestanding monument or pole sign is permitted at each main entrance. The determination of whether an entrance functions as a main entrance shall be made by the planning director. Said sign may be lighted but the message shall be limited to the name of the complex and its occupants, with the exception that if a gasoline station is represented on the sign, the sign may contain gasoline price information. Said sign shall not exceed 60 square feet per face nor six feet in height measured from existing grade. A pole sign shall be mounted on at least two posts placed at the outmost sides of the sign face.

5. Master planned areas larger than four acres shall be permitted one project identification sign at each secondary entrance. Said sign may be lighted and the message shall be limited to the name of the complex and address. Size, dimension and design requirements shall be the same as that for primary entrance signs.

6. If a gasoline station is located within a multiple use site and is not represented on the center’s signs, it shall be allowed one freestanding sign. Size, dimension and design requirements shall be the same as that for the center’s primary entrance. The message on the sign shall be limited to the name of the use and gasoline prices.

7. Building-mounted signs extending over the street right-of-way shall comply with the International Building Code and the requirements of the public works department.

8. Temporary building signs shall not exceed 32 square feet.

9. Real estate signs are limited to one sign per street frontage, shall be unlighted, and shall not exceed 32 square feet.

10. Properties within the jurisdiction of the shoreline master program are also regulated by the sign standards as defined in the shoreline master program. Where conflicts arise, the more restrictive standards apply. [Ord. 2013-12-090 § 10 (Exh. F)].

Article VI. Downtown District Urban Village

20.37.500 Downtown district urban village – Applicability.

A. Regulations specified within this article shall apply to the use of land within the downtown district.

B. Should the provisions of this article conflict with any other provision of the Bellingham Municipal Code, except the critical areas ordinance, shoreline master program, stormwater regulations or Chapter 20.28 BMC, Infill Housing, the provisions of this article shall apply.

C. Amendments.

1. The following amendments shall follow the annual comprehensive plan amendment process outlined in Chapter 20.20 BMC:

a. Any change within a land use area from one land use classification to another (i.e., residential transition to commercial core).

b. Any boundary change between unlike land use classifications (i.e., between residential transition and commercial core).

c. Creation of a new land use area with a new land use classification.

2. The following amendments shall be considered through the rezone procedure in Chapter 20.19 BMC:

a. Changes in the boundaries between like land use areas such as between two residential transition areas.

b. Changes in the zoning of an “area” or portion thereof that do not involve a change of land use classification.

c. Changes in permitted uses and/or density rules shall be considered a rezone, regardless of the land use area in which they appear.

3. All other amendments to this article shall be considered through the development regulation amendment procedure in Chapter 20.22 BMC. [Ord. 2014-09-049 § 52 (Exh. F)].

20.37.510 Downtown district urban village – Establishment of boundaries and land use areas.

A. The boundaries of the downtown district and associated land use areas are hereby delineated as shown in Figure 20.37.510.

B. The downtown district is divided into various residential, commercial, and industrial land use areas. The purpose of these areas is to establish goals, policies, zoning and development regulations that require development to respond to the desired intensity, physical and aesthetic characteristics, and neighborhood scale in each area. These areas are intended to ensure development is appropriately scaled and designed, and to encourage uses that are compatible with each other and the surrounding neighborhoods. Emphasis in this area is on the pedestrian environment, the preservation of historic buildings, and the compatibility of new development.

1. Commercial Core (CC). The commercial core area is intended to be the most densely developed area within the downtown district with the highest concentration of employment, services, entertainment and housing. The wide range of supportive land uses including retail, office, recreation, public facilities, parks and open space are supported by well-developed transit and pedestrian facilities.

2. Commercial Transition (CT). The commercial transition areas are intended to allow commercial uses similar to the commercial core, but building height limits are reduced to provide a stepped transition to adjacent residential areas. Design standards in Chapter 20.25 BMC incorporate massing and aesthetic design measures to further reinforce the transition to residential uses.

3. Residential Transition (RT). Residential transition areas are generally located between commercial and residential multi zoned areas. A mix of housing types is encouraged to support the abutting commercial areas and provide housing choices for people of various incomes, ages and household types. Limited nonresidential uses are permitted in addition to residential uses. These uses provide focused small-scale services for residents, create a smooth transition from commercial to residentially zoned areas, and incentivize preservation of historic building stock.

4. Industrial Transition (IT). The industrial transition area is intended to accommodate a compatible range of industrial, commercial and residential uses to create a dynamic and eclectic setting that fosters business incubation. Industrial activities are limited to those which do not create excessive noise, smoke, odors or other objectionable nuisances to surrounding uses. Permitted residential uses are intended to be within mixed use buildings, and located above the first floor.

Figure 20.37.510

[Ord. 2014-09-049 § 52 (Exh. F)].

20.37.520 Downtown district urban village – Uses.

A. Uses are established in Table 20.37.520, below. Land use classifications are listed on the horizontal axis. Downtown district land use areas are shown on the vertical axis.

1. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.

2. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC, and to general requirements for the use and the use area.

3. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).

4. If a (number) appears in the box at the intersection of the column and the row, the use may be permitted in the use area subject to the special limitations indicated in the corresponding “Note” at the end of the table.

5. Use Determination. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the planning and community development director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the use area, and the intent of the downtown district subarea plan.

Table 20.37.520 – Permitted Uses 

P = Permitted C = Conditional Use N = Not allowed (#) = See Notes

When multiple symbols and notes appear in a box such as P(2) or (4), C, they are interpreted as (P) Permitted (2) when located in a main building(s) on a site existing as of September 23, 2014 OR (4) on corner lots; (C) conditional elsewhere.

LAND USE CLASSIFICATION

AREA

CC (1)

CT (1)

RT-1

RT-2

IT

A. Residential

 

 

 

 

1. Attached Accessory Dwelling Unit per BMC 20.10.035

P

P

P

N

2. Detached Accessory Dwelling Unit existing prior to 1/1/1995, per BMC 20.10.035

P

P

P

N

3. Bed and Breakfast (There is no express limit on the number of bedrooms let as transient housing)

P

P

P(2), C

N

4. Boarding and Rooming Houses

P

P

C

P(3)

5. Co-housing Developments, per BMC 20.10.048

P

P

P

P(3)

6. Confidential Shelters, per BMC 20.10.047

P

P

P

N

7. Hotel, Motel, and Hostel

P

N

N

P

8. Infill Housing, per Chapter 20.28 BMC

P

P

P

N

9. Manufactured Home Park

N

N

N

N

10. Multifamily

P

P

P

P(3)

11. Single-Family, Detached Dwelling Unit with less than 5,500 square feet of total floor area

P

P

P

N

12. Single-Family Residence with 5,500 square feet or more total floor area, subject to BMC 20.16.020(L)(3)

P

C

C

N

B. Commercial

 

 

 

 

1. Adult Entertainment

N

N

N

N

2. Commercial Recreation

P

N

N

P

3. Crematory

N

N

N

C

4. Day Care

P

C

C

N

5. Day Treatment Center

P

C

C

C

6. Drinking Establishment

P

N

N

P

7. Drive-Up Facilities such as bank tellers, food and beverage services, laundry pick up, and car washes

N

N

N

P

8. Eating Establishment, including sale and on-premises consumption of alcoholic beverages as an accessory use

P

P

P(2) or (4), C

P

9. Food Membership Distribution, including Community Supported Agriculture (CSAs) and Food Buying Clubs

P

N

N

P

10. Live/Work Unit

P(5)

P(5)

P(5)

P(5)

11. Motor Vehicles Sales, limited to automobiles, motorcycles, scooters and recreational vehicles

P(6)

N

N

P

12. Offices

P

P

P

P

13. Repair of small equipment and items such as appliances, electronics, clocks, furniture, hand tools, and watches

P

N

N

P

14. Retail Sales, except as restricted in subsection (B)(11) above

P

P(4)

P(4)

P

15. Services, Personal

P

P

P(2) or (4)

P

16. Service Station and Gas Station

N

N

N

P

C. Health Care

 

 

 

 

1. Doctor, Dentist, Medical, and Therapy Office and/or Laboratory

P

P

P

P

2. Medical Care Facility

P

C

C

N

3. Service Care

P

C

C

N

4. Veterinary Service, Animal Hospital and Small Animal Care Shop

P(6)

N

N

P(6)

D. Public and Semi-Public Assembly

 

 

 

 

1. Interpretive Center, Library, and Museum

P

N

N

N

2. Art Gallery, Art School, and Commercial Art Studio

P

P

P(2)

N

3. Auditorium, Stadium, and Theater

P

N

N

P

4. Church and House of Worship

P

C

C

C

5. Community Center

P

C

C

N

6. Convention Center

P

N

N

P

7. Institution of Higher Education and School

P

C

C

P

8. Neighborhood Club/Activity Center

P

C

C

P

9. Park, Trail, and Playground

P

P

P

P

10. Passenger Terminal

P

N

N

P

11. Private Club and Lodge

P

C

C

P

E. Industrial

 

 

 

 

1. Automobile Services for the washing, lubrication, and minor repair of automotive vehicles

N

N

N

P

2. Automobile Wrecking

N

N

N

N

3. Commercial Electric Power Generation, per BMC 20.36.030(C)

N

N

N

P

4. Construction and storage yards

N

N

N

P

5. Hazardous Waste Treatment and Storage Facility

N

N

N

N

6. Manufacturing and Assembly except as allowed in subsection (E)(7) below

P(6)(7)(8)

N

N

P(7)

7. Manufacture, bottling, and distribution of beverages, including breweries, distilleries, and wineries

P(8)

N

N

P

8. Mini Storage Facility

P(6)(9)

N

N

P

9. Monument and Stone Works

N

N

N

P(7)

10. Repair of large equipment such as vessels, vehicles, and floor-based tools

N

N

N

P

11. Warehousing, Wholesaling, and Freight Operation

N

N

N

P(10)

F. Miscellaneous Uses

 

 

 

 

1. Adaptive Use for Historic Register Buildings, per BMC 17.90.080 and 20.16.020(A)(1)

C

C

C

C

2. Community Gardens

P

P

P

P

3. Community Public Facilities, per BMC 20.16.020(J)(4)

P

C(11)

C(11)

P

4. Jail and Correctional Facilities, provided the location is limited to those properties bound by Prospect and Flora Streets, Grand Avenue, and Whatcom Creek

P

N

N

N

5. Parking Facility (Nonretail)

P

C(12)

C(12)

P

6. Parking Facility (Retail)

P

N(12)

N(12)

P

7. Public Utilities on private property

P(13)

C

C

P

8. Public Utilities when located within a public right-of-way

P

P

P

P

9. Recreational Vehicle Park

N

N

N

N

10. Recycling and Refuse Collection Center

C

N

N

P

11. Wireless Communications Facility, per Chapter 20.13 BMC

P, C

P, C

P, C

P, C

NOTES:

(1) Ground floor commercial may be required in certain locations as shown in the city center design standards in BMC 20.25.040(C).

(2) Permitted when located in a main building(s) on a site existing as of September 23, 2014.

(3) Permitted when in conjunction with other permitted uses, provided the residential use is located on or above the 2nd floor.

(4) Permitted on corner lots. The gross floor area of a corner store may not exceed 3,000 square feet unless approved by a conditional use permit. A corner store may not be approved within 600 feet of another corner store.

(5) The “work” component in live/work is limited to those permitted and conditional uses listed under the applicable zoning subarea in Table 20.37.520.

(6) When entirely enclosed within a structure.

(7) The manufacture, compounding, processing, refining, and treatment of significant quantities of the following materials, products or operations is prohibited. For the purpose of this section “significant quantities” consists of a barrel or more at a single time. Acetylene, asphalt and tar, brick, tile, terra cotta, concrete, cement, lime, gypsum, and plaster of Paris, fats, oils and soap, fertilizer, garbage, offal, bones, and the reduction of dead animals, forging or smeltering of metal, lampblack, stove and shoe polish, lumber and planing mills, oilcloth and linoleum, paint, shellac, turpentine, lacquer and varnish, paper and pulp, petroleum processing and storage, any explosive or highly inflammable material, slaughtering and processing of meat or fish products, tannery and curing of raw hides, chemicals such as acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin and size, automotive wrecking, or junk yards.

(8) Permitted when in conjunction with retail sales of the same product on site.

(9) Permitted when the floor area is less than 50 percent of the floor area of other permitted use(s) on site.

(10) Excluding the storage and handling of explosives, ammonia, chlorine, and any other similarly dangerous or toxic substances.

(11) Conditional except for those uses permitted in (D)(9) above.

(12) Permitted as shared parking pursuant to BMC 20.37.540(D)(2)(e).

(13) Exclusive of storage yards.

[Ord. 2014-09-049 § 52 (Exh. F)].

20.37.530 Downtown district 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 downtown district except as follows:

1. Residential Transition Areas. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, for corresponding development unless specified otherwise herein. Nonresidential uses shall comply with Chapter 20.32 BMC, Residential Multi Development, unless specified otherwise herein.

2. Industrial Transition Area. Development in the industrial transition area shall comply with Chapter 20.36 BMC, Industrial Development, unless specified otherwise herein.

B. Design Review. See Chapters 20.25 and 21.10 BMC for applicable design review areas, standards, and procedures. Nonresidential uses located in residential transition areas shall be considered “mixed uses” for purposes of applying design review standards and procedures.

Table 20.37.530 – Standard Development Regulations 

Development Regulations

Area

Commercial

(CC and CT)

Residential

(RT-1 and 2)

Industrial

(IT)

Applicable Development Regulations

BMC 20.37.500 through 20.37.560

Chapter 20.28 BMC, Infill Housing

Chapter 20.30 BMC, Residential Single Development

Chapter 20.32 BMC, Residential Multi Development

Chapter 20.36 BMC, Industrial Development

Minimum lot size

None

(1)

None

None

None

Maximum Density

None

RT1: None

RT2: 1,500 sq.ft. per unit

RT1: None

RT2: 1,500 sq.ft. per unit

RT1: None

RT2: 1,500 sq.ft. per unit

None

Setbacks from property lines

None (4)(7)

(1)

(2)

RT-1: None

RT-2: (3)

None (7)

Maximum Height

CC: None (4)(7)

CT: 65' (4)(5)(6)(7)

(1)

(2)

RT-1: (3)

RT-2: 35' under BMC 20.08.020, height definition No. 1, or 25' under height definition No. 2

None (7)

Lot Coverage

None

(1)

(2)

RT-1: None

RT-2: (3)

None

Open Space

None

(1)

(2)

RT-1: (3)(8)(9)

RT-2: (3)(8)(9)

None

Usable Space

None

(1)

(2)

RT-1: 100 square feet per unit (10)

RT-2: (3)

None

Notes:

(1) Subject to Chapter 20.28 BMC, Infill Housing, for corresponding development.

(2) Subject to Chapter 20.30 BMC, Residential Single Development, for corresponding development.

(3) Subject to Chapter 20.32 BMC, Residential Multi Development, for corresponding development, including development of commercial and conditional uses.

(4) The maximum height within 15 feet of a property line abutting a residential zone shall be 2 stories and 32 feet.

(5) Height is measured per height definition No. 1.

(6) A building may be divided into modules and stepped with height measured on a per module basis to respond to topography on sloped property.

(7) Additional restrictions may apply as specified in the Shoreline Management Program.

(8) Open space may be reduced to 10% when development or change of use on a property will include a commercial use, or when the developed residential density on site will exceed one unit per 1,500 square feet of land.

(9) Open space may alternatively be satisfied by achieving a green area factor (green factor) score of at least 0.3 in accordance with BMC 20.12.030(E).

(10) See BMC 20.32.040(F)(1)(b) and (c) for minimum dimensional requirements.

[Ord. 2014-09-049 § 52 (Exh. F)].

20.37.540 Downtown district urban village – Parking.

A. Applicability.

1. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the downtown district. All parking standards in Chapter 20.12 BMC concerning general provisions, design provisions and improvement standards shall apply except as provided herein.

2. Off-street parking in accordance with the provisions herein shall be provided whenever:

a. A main building is constructed or relocated upon another lot; or

b. The cost of interior alteration or repair within any 12-month period exceeds 50 percent of the actual valuation.

3. Buildings existing as of September 23, 2014, are exempt from the requirement to provide additional parking due to a use change.

4. The planning and community development director shall have the authority to waive parking requirements when consistent with an area-wide parking plan and/or district pursuant to BMC 20.12.010(A).

5. The planning and community development director may exempt existing buildings listed on the local, state or national register of historic places from required parking for a one-time floor area expansion; provided, that (a) the floor area expansion is limited to an area no greater than 10 percent of the area of the existing building, and (b) existing conforming parking on site shall not be displaced. Exception: If the listed historic building provides 10 percent or less of the on-site parking that would be required for an equivalent new building, the planning and community development director may allow displacement of some or all of the on-site parking.

6. The creation of new improved on-street parking that abuts a project site may count toward on-site parking requirements when the new street parking will increase the supply of improved on-street public parking. The parking and street design are subject to public works department approval.

B. Uses shall provide parking as follows.

1. Uses in the downtown exempt parking district as shown on Figure 20.37.510 are exempt from parking requirements.

2. Uses in all other areas shall provide parking as shown on Table 20.37.540(A). Fractions are rounded up to the next whole number.

3. If a use is not readily classified within the zoning classifications, then the planning and community development director shall determine the standards which shall be applied.

Table 20.37.540(A) – Minimum Parking Requirements

Use

Minimum Parking Requirements

Residential

0.5 space for each studio unit.

0.75 space for each 1-bedroom unit.

1.00 space for each 2- and 3-bedroom unit.

0.5 additional space for each bedroom over 3 per unit.

Commercial and Institutional

1 space per 500 SF of gross floor area used for offices, retail, services, eating and drinking establishments, cultural or education facilities and similar uses.

Industrial and Manufacturing

1 space per 5,000 square feet of gross floor area or 1 per 2 employees (working at the same time) whichever is greater.

Warehousing and Wholesale

1 space for every 20,000 square feet of gross floor area or 1 per 2 employees (working at the same time) whichever is greater.

C. Unbundled Parking. Unbundled parking means that the parking required of a project is not assigned to building space; it is sold or leased separately.

1. Purpose. To make more efficient use of parking that is required of a project but not otherwise used or needed by tenants of the project. Taking into account that the parking required of a project represents the parking demand added to the general vicinity, this parking can then be made available to any on- or off-site use, on a fee or lease basis, to provide more opportunities to satisfy the local parking demand.

2. Applicability. Required parking for a project may be unbundled for uses within the project. The use of unbundled parking by off-site uses is allowed only in commercial and industrial zones.

D. Shared Parking. Shared parking means that parking spaces are shared by more than one user or business that has different parking demand patterns. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.

1. Purpose. To efficiently utilize parking resources where the potential for shared parking provisions with adjacent land uses has been analyzed and found to be appropriate.

2. The amount of off-street parking required by this article may be reduced by an amount determined by the planning and community development director when shared parking facilities for two or more uses are proposed; provided, that the requirements stated in BMC 20.12.010(A)(6) are met.

a. Shared parking shall be unbundled as necessary to ensure the adequacy of parking for the anticipated uses. This may require that parking is not assigned or dedicated. All spaces that are to be assigned or dedicated shall be shown/evaluated in a shared parking demand study. Unbundled parking may be leased to off-site uses that are not a party to the shared parking agreement.

E. Parking Reduction Allowed. The planning and community development director may administratively reduce parking for uses that are inherently less auto dependent, and for mitigation provided in lieu of the parking reduction. Mitigation may be accomplished through adoption of a program, fee-in-lieu, and installation of infrastructure that promotes use of alternative transportation and less auto dependence. Such uses, programs or infrastructure improvements may include, but are not limited to: senior and affordable housing, implementation of a shared car service (i.e., Zipcar™), enhanced bike storage facilities, purchase of WTA transit passes through the urban village trip reduction credits (BMC 19.06.040(E) – Table 19.06.040(B)), installation of covered transit shelters where approved by the Whatcom Transportation Authority and public works department, and off-site pedestrian infrastructure improvements. The applicant must demonstrate, to the satisfaction of the director, how the proposed mitigation will be adequate and proportionate to the requested parking reduction. Parking reductions authorized by this subsection cannot be combined with those allowed in BMC 20.12.010(A)(5).

F. Parking Design.

1. Industrial and Commercial Areas. Parking design shall comply with the city center design standards for setbacks and buffers.

G. Bike Parking.

1. Purpose. Bicycle parking is required for certain use categories to encourage the use of bicycles by providing safe and convenient places to park bicycles. These regulations ensure adequate short and long-term bicycle parking based on the demand generated by the different use categories and on the level of security necessary to encourage the use of bicycles for short and long stays.

2. Number of Spaces Required.

a. The required minimum number of bicycle parking spaces is shown on Table 20.37.540(B). No bicycle parking is required for uses not listed.

b. Bicycle parking is required for:

i. When the previous use on site was nonconforming to bicycle parking;

ii. A change of use, including change of tenants when they are the same use; and

iii. Exception: The planning and community development director may reduce or waive long-term bicycle parking for subsections (G)(2)(b)(i) and (ii) of this section if the applicant proves to the director’s satisfaction that because of the design of the existing building, lack of leasable stalls within 300 feet of the site, or other extraordinary situation or condition in connection with a specific piece of property, the provision of the required stalls would involve practical difficulties and cause undue hardship unnecessary to carry out the spirit and intent of this section.

c. The required minimum number of bicycle parking spaces is based on the primary uses on a site. When there are two or more separate primary uses that operate at the same time on a site, the required bicycle parking for the site is the sum of the required parking for the individual primary uses.

3. Exemptions.

a. No long-term bicycle parking is required on a site where there is less than 2,500 square feet of gross building area.

b. No bicycle parking is required for unattended surface parking lots.

 

Table 20.37.540(B) – Minimum Required Bicycle Parking

Specific Use

Long-term Spaces

Short-term Spaces

1. Multifamily housing

2, or 0.5 per bedroom and studio unit.

2, or 0.05 per bedroom and studio unit.

2. Commercial: Retail Sales and Service, including Eating and Drinking Establishments

2, or 1 per 12,000 sq.ft. of gross floor area.

2, or 1 per 5,000 sq.ft. of gross floor area.

3. Commercial: Office

2, or 1 per 10,000 sq.ft. of gross floor area.

2, or 1 per 20,000 sq.ft. of gross floor area.

4. Commercial: Off-street parking lots and garages available to the general public without charge or on a fee basis

2, or 1 per 20 automobile spaces.

6, or 1 for each 20 automobile spaces.

Note: Wherever this table indicates two numerical standards, such as “2, or 1 per 5,000 sq.ft. of gross floor area,” the larger number applies. Fractions of 0.5 or greater are rounded up to the next whole number.

4. Bicycle Parking Standards.

a. Short-Term Bicycle Parking.

i. Purpose. Short-term bicycle parking encourages shoppers, customers, messengers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles. Short-term bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists.

ii. Standards.

(A) Required short-term bicycle parking shall be located:

(1) Outside a building;

(2) At the same grade as the sidewalk or at a location that can be reached by an accessible route; and

(3) Within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route. For sites that have more than one primary building, the bicycle parking shall be within 50 feet of a main entrance as measured along the most direct pedestrian access route, and shall be distributed to serve all primary buildings.

(B) Short-term bike parking may be located within the public right-of-way provided the location and design are approved by the public works department.

b. Long-Term Bicycle Parking.

i. Purpose. Long-term bicycle parking provides employees, residents, commuters and others who generally stay at a site for several hours, a secure and weather-protected place to park bicycles. Although long-term parking does not have to be provided on-site, the intent of these standards is to allow bicycle parking to be within a reasonable distance in order to encourage bicycle use.

ii. Standards. Required long-term bicycle parking shall be:

(A) Provided in racks or lockers that meet the standards of subsection (G)(4)(c) of this section;

(B) Located on the site or in an area where the closest point is within 300 feet of the site;

(C) Covered. At least 50 percent of required long-term bicycle parking shall be covered and meet the standards of subsection (G)(4)(c)(v) of this section (Covered Bicycle Parking); and

(D) Secured. To provide security, long-term bicycle parking shall be in at least one of the following locations:

(1) In a locked room;

(2) In an area that is enclosed by a fence with a locked gate. The fence shall be either eight feet high, or be floor-to-ceiling;

(3) Within view of an attendant or security guard;

(4) In an area that is monitored by a security camera; or

(5) In an area that is visible from employee work areas.

c. Standards for All Bicycle Parking.

i. Purpose. These standards ensure that required bicycle parking is designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage.

ii. Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers shall be securely anchored.

iii. Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks, the racks shall meet the following standards:

(A) The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle;

(B) A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and

(C) The rack shall be securely anchored.

iv. Parking and Maneuvering Areas.

(A) Each required bicycle parking space shall be accessible without moving another bicycle;

(B) There shall be an aisle at least five feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and

(C) The area devoted to bicycle parking shall be hard surfaced.

v. Covered Bicycle Parking. Covered bicycle parking, as required by this section, can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover shall be:

(A) Permanent;

(B) Designed to protect the bicycle from rainfall; and

(C) At least seven feet above the floor or ground.

vi. Signs. If required bicycle parking is not visible from the street or main building entrance, a sign shall be posted at the main building entrance indicating the location of the parking. [Ord. 2017-03-009 § 37; Ord. 2014-09-049 § 52 (Exh. F)].

20.37.550 Downtown district urban village – Landscaping.

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

1. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, for corresponding development.

B. Standards. All landscaping provided to meet requirements under this section must meet the standards herein to ensure the long-term health, viability and coverage of plantings. The planning and community development director may establish standards relating matters including, but not limited to, the type and size of plants, number of plants, concentration of plants, depths of soil, use of low-water use plants, and access to light, water, and air for plants.

1. Development shall provide landscaping in accordance with BMC 20.12.030 except as provided herein. [Ord. 2014-09-049 § 52 (Exh. F)].

20.37.560 Downtown district urban village – Signs.

A. General Provisions. No sign shall be permitted unless it complies with the provisions herein.

B. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the downtown district except as follows:

1. Residential Transition Areas. Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, for corresponding development. Nonresidential uses shall comply with Chapter 20.32 BMC, Residential Multi Development, unless specified otherwise herein.

2. Industrial Transition Area. Development in the industrial transition area shall comply with Chapter 20.36 BMC, Industrial Development, having a “light” industrial use qualifier.

3. Commercial Areas. Development in commercial areas shall comply with subsection (D) of this section.

4. Billboards are permitted in the billboard overlay zones when in accord with the provisions of this code.

5. Properties within the jurisdiction of the shoreline master program are also regulated by the sign standards as defined in the shoreline master program. Where conflicts arise, the more restrictive standards apply.

C. Exemptions. The following signs shall be exempt from the provisions of this title:

1. Traffic signs installed by a government agency.

2. Directional, wayfinding program signs installed by a government agency if the signs are consistent with the provisions of the downtown plan.

3. Tenant panel and directory signs when located within a recessed entry.

4. Interior signs including those painted on the interior of glass windows.

5. Specific service signage as defined herein shall be permitted on the public right-of-way consistent with the policies and approval of the public works department.

6. Building identification signs or cornerstones are permitted as an integral and architecturally compatible part of the building or structure. Cornerstones shall not exceed four square feet and building identification signs shall not exceed 32 square feet. These exemptions shall not contain any colors, words, letters, numbers, symbols, graphic designs, logos or trademarks for the purpose of identifying a good, service, product, or establishment.

7. Directional Signs.

a. Directional signs are limited to six square feet per sign face and three feet in height if freestanding.

b. The message shall not contain the name of the establishment or advertising of any kind. Examples of directional signs include: “Enter,” “Service Entrance,” “No Parking,” etc.

c. There is no limit on the number of directional signs.

D. Standards for Commercial Areas.

1. Pole signs and off-premises signs are prohibited.

2. No lighted signs shall be permitted on building walls facing a residentially zoned area when the property whereon the sign is located abuts a residential zoned area.

3. One freestanding monument sign is permitted at each main entrance. The determination of whether an entrance functions as a main entrance shall be made by the planning and community development director. Monument signs shall not exceed 60 square feet per face nor six feet in height measured from existing grade. Said sign may be lighted but the message shall be limited to the name of the complex and its occupants, with the exception that if a gasoline station is represented on the sign, the sign may contain gasoline price information.

4. Building mounted signs extending over the street right-of-way shall comply with the International Building Code and the requirements of the public works department.

5. Temporary building signs shall not exceed 32 square feet.

6. Real estate signs are limited to one sign per street frontage, shall be unlighted, and shall not exceed 32 square feet. [Ord. 2014-09-049 § 52 (Exh. F)].