20.00.090 Happy Valley neighborhood table of zoning regulations

20.00.090 Happy Valley neighborhood table of zoning regulations.

Areas 1A – 3
Area	Zoning	Use Qualifier	Density	Special Conditions	Prerequisite Considerations	Special Regulations
1A	Residential Multi	Multiple (administered through the planned development process)	High	Neighborhood commercial and mixed-use design criteria; Areas 1A, 1B, 1C, 2B and 3 design and development criteria; density transfers within Area 1A and from 1A to Area 3; clearing; drainage	Sanitary sewers; street and sidewalk improvements.	See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria. See Attachment 2 – Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.
1B	Commercial	Neighborhood (administered through the planned development process) limited commercial uses*	Maximum 2,000 sq. ft. of floor area per commercial use except for eating/drinking establishments. Minimum ratio of 0.8 sq. ft. of residential floor space to 1 sq. ft. of commercial floor space for mixed-use developments. Ground floor uses that front on Douglas Ave. are limited to commercial uses listed below when part of a mixed-use development. Residential density is high when not part of a mixed-use development.	Neighborhood commercial and mixed-use design criteria for mixed-use development; Areas 1A, 1B, 1C, 2B and 3 design and development criteria; residential use requirement when not part of a mixed-use development; use of Area 1A standards for residential uses when not part of a mixed-use development; clearing; drainage.	Sanitary sewers; street and sidewalk improvements.	See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria. **Permitted uses are limited to: 1. Retail establishments of all types except those selling the following products (see also numbers 11 – 14, below): a. Automobiles and trucks b. Heavy farm and construction equipment c. Feed, grain and farm supplies d. House trailers, mobile homes and boats 2. Personal service facilities such as: a. Barber and beauty shops b. Computer data services and copy centers 3. Laundry and dry cleaning establishments 4. Florist shops 5. Commercial recreation facilities 6. Eating establishments 7. Public utilities, if located within a public right-of-way 8. Single-family dwelling unit 9. Duplex and multifamily dwelling units; when: a. Part of a mixed-use development shall meet the requirements of Area 1B and Section VII, C; or b. Not part of a mixed-use (commercial-residential) development shall meet the requirements of Area 1A. 10. Uses similar to the above. Prohibited Uses: 1. Business and professional offices, small animal care shops, branch post offices and banks, and similar uses not conducive to random pedestrian traffic. 2. Auto-oriented services and sales such as gas stations, auto repair shops, drive-through establishments and similar uses. 3. Adult entertainment uses, drinking establishments, liquor stores, card rooms, and tattoo/body piercing establishments. 4. Surface parking lots that serve WWU uses north of Bill McDonald Pkwy.
1C	Institutional	As specified in the WWU Institutional Master Plan	None	Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria; clearing; drainage	Sanitary sewers; street and sidewalk improvements.	See Attachment 2; Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria
2A	Public	School/Open Space	N/A	Clearing; drainage	None	None
2B	Public/ Institutional	As specified in the WWU Institutional Master Plan	N/A	As specified in the WWU Institutional Master Plan	As specified in the WWU Institutional Master Plan	None
3	Residential Multi	Multiple (administered through the planned development process)	High	Neighborhood commercial and mixed-use design criteria; Areas 1A, 1B, 1C, 2B and 3 design and development criteria; density transfers from 1A to Area 3; scaled transition to single-family residential zones; clearing; drainage; freeway buffer	Sanitary sewers; street and sidewalk improvements.	See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria. See Attachment 2 – Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.

Area	ATTACHMENT 1 Neighborhood Commercial and Mixed Use Design Criteria for Areas 1A, 1B, 1C, 3, 14
1A 1B 3 14	1. Use Criteria
	a. Buildings and public spaces should be located immediately adjacent to the public sidewalk. Underlying required yards may be reduced to accomplish this.
	b. Commercial uses shall be limited to the street level or a designated pedestrian corridor.
	c. The maximum street frontage for any one commercial use is 60 feet. For street corner uses, only one street frontage may exceed 50 feet.
	d. Residential uses shall be provided in conjunction with commercial uses at a minimum ratio of 0.8 square feet of residential floor space to 1 square foot of commercial floor space.
	e. Required Type A accessible dwelling units may be located at ground level to satisfy Americans With Disabilities Act requirements.
	f. Commercial development of the site shall be pedestrian in scale with windows and entries adjacent to the street or pedestrian corridor.
	g. Drive-through establishments are prohibited.
	h. Further limitations on uses are addressed within the applicable subarea descriptions.
	2. Parking and Access.
	a. In order to encourage transit related and affordable housing in mixed-use (commercial-residential) developments, shared parking may be approved if required parking for the greater of either all residential or all commercial uses is met.
	b. Improved on-street parking adjacent to the property may be counted toward on-site parking requirements, provided all required parking for residential uses is improved on site.
	c. Parking should not be required for public open space such as a plaza or outdoor seating for a cafe.
	d. Open parking spaces that use an alley for maneuvering shall be exempt from any required yard along the alley property line.
	3. Signage and Lighting
	a. Signage facing residential areas is limited to 16 square feet per use frontage, which may be indirectly lighted during business hours.
	b. Signage should be oriented toward pedestrians, not automobiles.
	c. Freestanding pole signs are prohibited.
	d. Moving, blinking, changeable type, and internally illuminated signs are prohibited.
	e. Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.

Area	ATTACHMENT 2 Design and Development Criteria for Areas 1A, 1B, 1C, 2B, 3
1A 1B 1C 2B 3	Design and Development Criteria
	The following specific criteria are intended to encourage development that reflects and enhances the desired character of the Happy Valley neighborhood as stated herein. These criteria are in addition to the general criteria found in Section VII of this plan and the citywide multifamily design guidelines currently being developed.
	Once adopted, the citywide guidelines shall be used in addition to the design criteria contained in this plan. The review of a planned development application and the design review process should occur simultaneously whenever possible.
	A. Streets and Transportation
	Street improvements should be required as development occurs. New developments should improve their side of all abutting streets with curbs, gutters, utility conduit, lights, and sidewalks with street trees. If appropriate as determined by the public works department, street improvements should be extended to the nearest street that is improved to similar standards.
	The city will work in collaboration with the neighborhood, WWU, and property owners to improve streets in front of developed properties through LIDs, grants or other financing methods.
	Vehicular access to new development may be limited to alleys if street construction would infringe upon a stream or designated open space corridor.
	B. Open Space Corridors (See Section III).
	1. The length of 23rd Street north of Douglas Ave. to Bill McDonald Parkway should remain unimproved and retained for open space, stream restoration, and trail purposes. Parking lots should not abut this open space. 2. The open space tracts along the east side of Sehome High School’s play fields and WWU’s physical plant should be retained to the greatest extent possible as a wildlife habitat corridor between the Sehome Hill Arboretum and Connelly Creek Nature Area.

	C. Residential Density Transfers
	The previous zoning required a minimum lot size of 10,000 square feet for multifamily development. In some cases, this helped create “remnant lots” which are vacant or single-family lots under 10,000 square feet and between developed multifamily properties. It is difficult for these lots to acquire the additional land needed to redevelop. Houses on remnant lots surrounded by high-density uses can be less desirable and too expensive to maintain as a quality rental unit.
	Density transfers should be allowed as an option to get some value from remnant lots. Density transfers could preserve open space and help ensure that residential density is maintained.
	Upon the planning director’s approval of a planned development permit on a receiving property, densities may be transferred within Area 1A and from Area 1A to Area 3. Densities may only be transferred from remnant lots. Density transfers shall comply with the following guidelines:
	• Density transfers shall be recorded by covenants on sending and receiving properties.
	• A maximum of one dwelling unit may be transferred for each 1,000 square feet of land. Fractions shall be rounded to the next lower whole number.
	• Density transfers are intended to make land available for nonresidential uses such as parks and to provide open space.
	• In this process, all density shall be transferred, including the removal of any existing residences. The vacant property shall be acquired by the city, owner of the receiving property, adjacent property owner, neighborhood association, or other able party that will maintain the property as a park or open space. The vacant property may also be used for stormwater quality needs.
	• Property receiving a density transfer shall be no less than 20,000 square feet in area.
	• Dwelling unit density may not be transferred from the WWU regional stormwater facility or from the block directly west of the WWU physical plant.
	D. Western Washington University Uses:
	(Note: See the WWU Institutional Master Plan for a complete listing of use restrictions, design criteria, and performance standards that apply to institutional development in designated areas of the Happy Valley neighborhood.)
	As of 2001, WWU’s developed properties south of Bill McDonald Parkway include the physical plant at 26th and Douglas, the Northwest Regional Archives Building at 25th and Bill McDonald Parkway, and a regional stormwater facility on the south side of Bill McDonald Parkway generally between 22nd and 23rd Streets. The physical plant area (2B) currently includes support offices, maintenance shops, and storage areas. WWU’s plans for the next 10 years are to expand the physical plant functions to include relocation of related offices such as WWU’s purchasing office, mail services, and central stores. The block west of the physical plant (Area 1C) is also now owned by WWU. The following design criteria shall apply to development in Areas 1C and 2B:
	1. All uses in Areas 1C and 2B shall comply with the use limitations, development standards, and performance standards in the WWU Institutional Master Plan as amended.
	2. Expansion of warehousing and maintenance facilities shall occur on the Taylor Street (north) side of the physical plant property whenever possible. Expansion of these uses adjacent to or across the street from residential areas should be designed with office space facing streets to ease potential impacts.
	3. Office facades should include similar scale and design features of adjacent residential structures to reinforce and enhance the residential neighborhood character.
	4. New warehouse and maintenance shop facilities and outdoor storage of construction or other materials shall not be located in Area 1C.
	5. WWU truck traffic should be routed north on 25th Street to Bill McDonald Parkway and not south through the neighborhood or east along Douglas Street.
	6. Ten percent open space is required for all nonresidential uses.
	7. Surface parking lots that serve uses north of Bill McDonald Parkway are prohibited.
	8. If Area 1C is to be developed with institutional (nonresidential) uses, vacating the 26th Street right-of-way should be considered in exchange for an equal dedication of land for open space on the east side of 25th Street. If this occurs, WWU should be required to permanently own and maintain the open space. Explore ways to use some of the adjacent open space to enhance the streetscape/entrance to Happy Valley.

Areas 4 – 9
Area	Zoning	Use Qualifier	Density	Special Conditions	Prerequisite Considerations	Special Regulations
4	Commercial	Planned*	N/A	Area 4 Design Criteria	None	*Prohibited Uses: Retail establishments selling the following products: a. Automobiles and trucks b. Heavy farm and construction equipment c. Feed, grain, and farm supplies d. House trailers, mobile homes, and boats See Attachment 3 – Area 4 design criteria
5	Residential Single	Detached Cluster Attached (use attached single-family duplex regulations for cluster attached projects – standard cluster plat regulations shall not apply).	Single-family detached – 5,000 sq. ft. min. detached lot size. Cluster attached – 3,750 sq. ft. min. per unit attached lot size, maximum of two units attached for cluster development, one bedroom max. per 1,000 sq. ft. of land.	Drainage; floodplain; stream setbacks; clearing	None	Existing duplexes legally established prior to adoption of the neighborhood plan in 2001 are permitted.
						For cluster attached development, a maximum of two units may be attached. Single-family attached duplex standards shall be used when developing a cluster attached housing project. Standard cluster development regulations shall not apply.
						The minimum lot size in the area may be reduced to 4,000 sq. ft. per dwelling unit for the blocks bound by Donovan Ave., Happy Ct., 24th St. and the alley east of 22nd St.
5A	Residential Single	With Development Agreement as outlined in Special Regulations: Cluster Detached Without Development Agreement as outlined in Special Regulations: Detached, Cluster Attached (use attached single-family duplex regulations for cluster attached projects; standard cluster plat regulations shall not apply).	With Development Agreement as outlined in Special Regulations: Maximum of 12 dwelling units; 3,000 sf minimum cluster detached lot size. Without Development Agreement as outlined in Special Regulations: Single-family detached 5,000 sf min. detached lot size. Cluster attached 3,750 sf min. per unit attached lot size, maximum of two units attached for cluster development, one bedroom max. per 1,000 sf of land.	Drainage; Floodplain; Stream setbacks; Clearing Open space should be consolidated on the south side of the block for future daylighting of Padden Creek, floodway management, habitat enhancement, buffering Old Fairhaven Pkwy., and incorporation of low impact development practices.	None	With Development Agreement: Development shall comply with the Development Agreement approved by Ordinance No. 2010-03-016 unless the agreement expires or terminates.
						In order to meet the objectives outlined in the Area 5A Special Conditions, the following modifications to Chapter 20.30 BMC apply to the Development Agreement:
						1. The designated “front yard” of those lots that abut the open space tract on the south side of the block shall be the common property line with said open space tract.
						2. Setbacks (minimum):
						a. Primary Residence: 10 feet from property lines abutting the open space tract; five feet from all other property lines.
						b. Detached Accessory Buildings: 10 feet from all front and side flanking property lines; 0 feet on all internal side and rear property lines.
						c. A garage (attached or detached), the vehicular entrance of which faces the private alley, shall be set back from the private alley to provide 22 feet of vehicular maneuvering. The width of the improved alley may be included in the calculation of maneuvering.
						3. BMC 20.30.050 (Optional development regulations) shall not apply.
6	Public	School, public recreation	N/A	None	None	None
7	Residential Single	Detached, Cluster Attached	15,000 sq. ft. min. detached lot size; 5,000 sq. ft. min. cluster lot size	Floodplain, stream setbacks; clearing; buffer along Connelly Creek wildlife habitat corridor, I-5 and boundary of Area 3	Sanitary sewer	The WWU compost facility on the north side of Douglas Ave. (Lot 1, Rehder Short Plat) may continue to operate as a permitted use as long as the use complies with the following criteria:
						1. The site continues to be screened from adjacent residentially zoned properties;
						2. No mechanical chipping, shredding, or other noise generating uses occur on the site;
						3. The use is not expanded further into Area 7; and
						4. No other WWU uses, other than those allowed by the underlying zoning, are allowed on this property.
8	Public	School	N/A	None	None	None
9	Residential Single	Detached, Cluster Attached	7,500 sq. ft. min. detached lot size; 1 lot/7,500 sq. ft. average overall cluster density; 5,000 sq. ft. min. cluster lot size	Shoreline; floodplain; stream setbacks; clearing; buffer along Padden and Connelly Creeks and I-5	Sanitary sewer for subdivision

Area	ATTACHMENT 3
Area	Area 4 Design Criteria
4	32nd Street
	Vacant property remains on the east side of the 32nd Street connector. New development with residential facing elevations in this area should be visually similar to adjacent residential uses to provide a complementary transition between the high-density residential zone to the west and Sehome Village to the east.
	To reinforce the transition between the use zones, structures and sites should be designed to incorporate the following criteria:
	1. Design pedestrian friendly street facades.
	2. Provide architectural details, materials, or features that emphasize human scale, and compatibility with adjacent residential uses
	3. Orient buildings, signage, and uses toward pedestrians and not automobiles.
	4. Discourage blank walls facing residential zones.
	5. Front buildings and building entrances up to streets. Underlying required yards may be reduced to accomplish this.
	6. Locate parking to the side, rear, or beneath a building.
	7. Break up parking areas with more landscaping and include larger landscape trees. CDP-36
	8. Provide mixed uses that include residences.
	9. Prohibit pole signs on properties adjacent to 32nd Street, except for gas stations.
	Sehome Village
	Most customer entrances to Sehome Village are located on the east side of the shopping center. A pedestrian corridor should be opened in the middle of the shopping center to encourage pedestrian access from residential areas to the west and provide a more convenient alternative to using the automobile. Pedestrian passages through stores to the south should be maintained. If Sehome Village is redeveloped, the following design criteria are recommended:
	• Any new design should break up the existing mass of parking in the center and east of the mall.
	• More landscaping that includes larger trees (including evergreens) and understory plants should be interspersed through large parking areas.
	• Encourage more pedestrian access and interest with a design including more storefront entrances on Fielding Ave. A maximum of one drive lane parallel to the street with parking on either side should be placed next to Fielding.
	• Loading areas for smaller storefronts should be accessed from the parking lot to allow for greater pedestrian access from the south and west. Larger establishments’ loading areas should be placed outside of pedestrian ways and screened.
	• Transit services should be integrated on site into the mall redevelopment and provide covered access to businesses.
	• Opportunities for outdoor seating should be made by building modulation and by moving a portion of the mall buildings toward the center of the site.
	• Upper floor residential uses are encouraged above commercial spaces. No additional parking requirements should be placed on upper floor residential.
	• Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.
	Natural Systems Enhancement
	One fork of Connelly Creek’s headwaters originates in the linear wetlands located in the Fielding Ave. and 36th Street rights-of-way. Drainage from the vast parking areas surrounding these wetlands contains heavy metals and other pollutants that have an adverse affect on the water quality in the creek. The stormwater storage and cleansing functions of these linear wetlands should be retained and enhanced. More native vegetation, including conifers, should be added to improve the multiple functions of these wetlands. Expansion of the wetlands through conversion of existing paved areas or other means should be explored. TP-21
	Developments should minimize the amount of parking provided on site and increase the amount of open space to facilitate installation of more trees or water quality filtration systems.

Areas 10 – 16
Area	Zoning	Use Qualifier	Density	Special Conditions	Prerequisite Considerations	Special Regulations
10	Commercial	Planned	Maximum 10,000 sq. ft. footprint per building	Design criteria – see Special Regulations*; shoreline; floodplain; stream setbacks; drainage; clearing; vehicular access; uses that rely on large surface parking lots or vehicle storage, such as auto sales, are prohibited.	None	*Design criteria: 1. This area serves as a gateway to south Bellingham and Fairhaven. Future redevelopment of this area should contribute toward a distinct neighborhood entrance instead of appearing freeway oriented. For example, emphasis should be placed on creating a smaller scaled environment of compact development with smaller buildings or building elevations of varying scales and designs. 2. Building elevations should avoid large blank walls facing streets, especially near sidewalks. These walls should include pedestrian entrances and windows facing streets. 3. Buildings should front 30th St. and Old Fairhaven Pkwy. creating a strong pedestrian connection between the sidewalks and buildings. 4. Parking lot design should be limited to a single drive lane parallel to the street with parking on either side in order to avoid vast parking lots. Other parking should be located to the sides or rear of buildings. 5. Setback sidewalks with street trees should be used to buffer pedestrians from moving traffic. 6. Mixed uses that include residences should be encouraged. 7. Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.
11 11A	Public	Park, Open Space, Utilities	N/A	Stream setbacks; fisheries; floodplain	None	None
12	Residential Single	Detached	5,000 sq. ft. min. detached lot size	Drainage; views; narrative in neighborhood plan	None	Garages and carports shall be set back a minimum of four feet from the front of residences.
13	Public	Governmental Services	N/A	None	None	None
14	Commercial	Neighborhood, administered through the planned development process; limited permitted uses*	Max. 2,000 square feet of floor area per use except for eating establishments. Max. of 50 percent of the gross commercial floor area may be used for offices as a primary use. Min. ratio of 0.8 sq. ft. of residential floor space to 1 sq. ft. of commercial floor space.	Neighborhood commercial and mixed-use design criteria; maximum 25-foot height limit above Harris Ave. centerline; limited vehicular access; street improvements	None	See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria. *Permitted uses are limited to the following: 1. Retail establishments of all types except those selling the following products (see also numbers 12 and 13 below): a. Automobiles and trucks. b. Heavy farm and construction equipment. c. Feed, grain and farm supplies. d. House trailers, mobile homes and boats. 2. Personal service facilities such as: a. Barber and beauty shops. b. Tailor shops. c. Repair shops for small items. 3. Business and professional offices limited to 50 percent of the gross commercial floor area in this zone. 4. Laundry and dry cleaning establishments. 5. Florist shops. 6. Publicly owned parks and playgrounds. 7. Eating establishments. 8. Public utilities, if located within a public right-of-way. 9. Single-family dwelling unit. 10. Duplex and multifamily dwelling units, when within a structure housing other principal uses. 11. Uses similar to the above. Prohibited Uses: 1. Auto-oriented services and sales such as gas stations, auto repair shops, drive-through establishments and similar uses. 2. Adult entertainment uses, drinking establishments, liquor stores, card rooms, and tattoo/body piercing establishments.
15	Residential Single	Detached	5,000 sq. ft. min. detached lot size	Floodplain; drainage; clearing; buffer along Padden and Connelly Creeks and freeway	None	None
16	Public	Governmental Services	N/A	Reversion clause in neighborhood plan	Street and sidewalk improvements	None

[Ord. 2022-11-025 § 9 (Exh. B); Ord. 2021-10-044 §§ 23 (Exh. A); Ord. 2019-09-028 § 5; Ord. 2010-12-073; Ord. 2010-03-016; Ord. 2006-12-119; Ord. 2004-12-087].