Chapter 18.30
COTTAGE HOUSING DEVELOPMENT APPROVAL AND DESIGN STANDARDS

Sections:

18.30.010    Purpose and intent.

18.30.020    Applicability, application process, and design review.

18.30.030    Density, number of cottage housing units and minimum lot area.

18.30.040    Existing nonconforming structures.

18.30.050    Building height.

18.30.060    Exterior trim and roof eaves.

18.30.070    Covered main entry porches.

18.30.080    Street facing facades.

18.30.090    Lot coverage area.

18.30.100    Impervious surface area.

18.30.110    Floor area.

18.30.120    Setbacks.

18.30.130    Common space.

18.30.140    Covenants, conditions and restrictions.

18.30.150    Private open space.

18.30.160    Tree conservation.

18.30.170    Stormwater low impact development techniques.

18.30.180    Parking.

18.30.190    Exterior lighting and heating/cooling equipment noise.

18.30.010 Purpose and intent.

The general purpose of the cottage housing development design standards is as follows:

A cottage housing development is an alternative type of detached housing with small residences. Cottage housing is provided as part of the City’s overall housing strategy which intends to encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods, and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs.

The cottage housing development design standards are intended to maintain prescribed cottage amenities and proportions and ensure that cottage housing developments contribute to the overall community character.

To meet these design standards, cottage housing developments shall comply with the requirements for each of the following elements:

A.    Subdivision. Land used for cottage housing may, but is not required to undergo, subdivision. Any subdivision is subject to compliance with FMC Title 17. Any applications for cottage housing and subdivision shall be processed concurrently. If the current code conflicts with FMC Title 17, this code shall govern.

B.    Density and Lot Size. Cottage housing allows higher residential density than is normally allowed in the underlying zone district. This increased density is possible through the use of smaller than average home sizes, clustered parking, and site design standards. The cottage housing development design standards contained in this section are intended to create a small community of cottages oriented around open space.

C.    Building Height and Roof Eaves. Because the base density is higher and building separation less than on typical residential lots, it is important to maintain a feeling of adequate light and open space by providing more restrictive maximum roof heights and roof proportion standards. Exterior trim and eave designs shall demonstrate a coherent cottage housing design based upon prescribed design principles including weather protection.

D.    Cottage Entrances and Street Facing Facades. A covered main entry porch is required for each cottage to create a private outdoor space protected from the weather and provide a transition from the interior private residential space to the semi-private outdoor space. The street facing facades of cottages in a cottage housing development shall contribute to the neighborhood by including design details such as windows, changes in materials and/or colors, and views of front doors or porches.

E.    Open Space. It is intended that the common open space be adequately sized and centrally located with individual cottage entrances oriented towards the open space. All cottages shall be connected to the open space; the intent is that the cottage housing developments include pedestrian amenities and take advantage of existing natural features on the site including topography, vegetation, critical areas and trails. Any common building is intended to be centralized and for the use for the cottage housing community. Each cottage shall maintain a front yard separating the main entrance to the cottage from the common open space to create a sense of privacy, and oriented to take advantage of the sun and other natural features. Front yards may be applied to open space requirements as prescribed in FMC 18.30.150.

F.    Stormwater. All cottage housing developments are subject to current City stormwater standards and shall incorporate stormwater low impact development techniques whenever possible.

G.    Parking. All cottage housing developments shall be designed so as to minimize the visibility of off-street parking from the primary street. Off-street parking shall be pedestrian oriented, and large parking lots shall be avoided or designed as prescribed in Chapter 18.76 FMC, mitigated through landscaping as prescribed in Chapter 18.74 FMC. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.020 Applicability, application process, and design review.

Applicability of this section, application procedure and the process for design review is pursuant to Chapter 14.09 FMC.

An alternative design may fulfill the intent of this chapter while not wholly complying with the provisions herein. Flexibility in applying standards to site and building design is encouraged when the proposal is consistent with the broad intent of implementing strong pedestrian-oriented design. Applicants shall propose developments with a clear narrative and illustrations to demonstrate the manner in which the design meets the intent of this chapter. Unless expressly allowed in this chapter, deviations to numerical development standards shall be subject to the City’s variance or adjustment standards contained in Chapter 18.12 FMC. Per Chapter 14.09 FMC, cottage housing development applications shall be subject to administrative decision making (Process 1).

All subsections of this section shall apply to cottage units (defined in FMC 18.30.110), unless specifically called out. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.030 Density, number of cottage housing units and minimum lot area.

A.    In cottage housing developments the permitted densities shall be as follows:

Zoning District

RS SF Medium Density

RS SF High Density

Maximum cottage density

1 cottage dwelling unit per 4,250 square feet of gross area

1 cottage dwelling unit per 3,250 square feet of gross area

Minimum number of cottages per cottage housing development

4

4

Maximum number of cottages per cottage housing development

12

14*

16**

14

16*

18**

Minimum lot size (accommodates 4 cottages)

17,000 sf

13,000 sf

*A higher maximum number of cottages is allowed as incentive to include a “community building” in the CHD.

**A higher maximum number of cottages is allowed as incentive to include affordable units, with one bonus unit available for every affordable unit, up to an additional four units above the maximum number of cottages per cottage housing development, depending on underlying zoning. To qualify, affordable units shall be owned by an affordable housing provider per Chapter 18.08 FMC.

(Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.040 Existing nonconforming structures.

A.    On a lot to be used for a cottage housing development, an existing detached single-family residential structure, which may be nonconforming with respect to the standards of this chapter, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density.

B.    Accessory dwelling units (ADUs) are not permitted in cottage housing developments. All residential units in a cottage housing development count towards the maximum permitted density. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.050 Building height.

Structures in cottage housing developments shall be constructed with a pitched roof.

A.    The maximum building height permitted for structures in cottage housing developments shall be 24 feet, per FMC 18.08.200.

B.    The highest point of a pitched roof may extend up to 24 feet. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.060 Exterior trim and roof eaves.

Cottage housing development structures shall be provided with exterior trim elements to efficiently shed rain, and provide rain protection for exterior walls.

A.    Window and door trim shall be provided on all cottage housing development structures.

B.    Eaves of at least 12 inches shall be provided on all cottage structures on at least two sides of each building, and may extend into side yard setbacks up to two feet. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.070 Covered main entry porches.

All residences in cottage housing developments shall be provided with a covered main entry porch. Covered porches shall be usable both in design and dimension. The covered main entry porch shall not count against the total square foot area of the cottage home.

A.    Cottage homes shall have a covered main entry porch with a floor area measuring at least 60 square feet in size.

B.    The floor of the covered main entry porch shall have minimum dimensions of not less than five feet in any direction (length or width). (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.080 Street facing facades.

The main entries of some cottages will be visible from the adjacent streets to provide a visual pedestrian connection with the surrounding neighborhood.

Although not all cottages shall be required to orient their front porches to the street, all cottages shall have street facing facades that avoid blank walls or appear to “turn their backs” to the street. All cottages shall include one or more of the following on street facing facades:

A.    Changes in exterior siding material and paint color;

B.    Windows which may include bay windows; and/or

C.    Building modulation with a depth measuring at least one foot. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.090 Lot coverage area.

Cottage housing developments shall not exceed underlying lot coverage standards for the respective zoning district, in order to maintain residential neighborhood character and the balance of built structures to open spaces. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.100 Impervious surface area.

Cottage housing developments shall limit impervious surface area to prevent adverse stormwater impacts.

A.    Cottage housing developments shall be limited to an impervious surface area of 40 percent of the total site area (excluding rights-of-way).

B.    The use of paver stones, compacted gravel, pervious pavement, grass-crete, or other types of low impact stormwater development techniques are encouraged for walkways and parking areas, subject to the approval of the Public Works Director. Areas covered by pervious materials shall not count against the 40 percent impervious surface area limit. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.110 Floor area.

A.    Cottage Housing. The establishment of a maximum square footage for residences within cottage housing developments is necessary to prevent overbuilding of the site and to avoid exceeding available parking.

1.    The ground floor area for an individual principal structure (this includes all habitable space and does not include covered parking or front porches) in a cottage housing development shall be as follows:

a.    For at least 50 percent of the units, the ground floor area may not exceed 650 square feet and shall be at least 450 square feet.

b.    For no more than 50 percent of the units, the ground floor area may be up to 800 square feet and shall be at least 450 square feet.

c.    The net total floor area of each cottage shall not exceed two times the area of the main level or 1,200 square feet, whichever is less.

d.    A cottage may include a garage not to exceed 270 square feet. The area of the garage is exempt from the maximum floor area of the cottage. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.120 Setbacks.

A.    Exterior Lot Line Setbacks. Exterior lot line (also known as “frontage street”) setbacks in cottage housing developments are generally based upon setbacks in the RS zoning district. Flexible setbacks are allowed per the discretion of the Community Development and Public Works Directors to obtain improved site design and to avoid impacting existing physical features on the site such as trees.

1.    Front Yard Building Setback. The minimum front yard setback from the access way or property line for any structure without front yard parking shall be 10 feet. The minimum exterior street side yard setback on corner lots shall be 12 feet.

2.    Rear Yard Building Setback. The minimum rear yard shall be eight feet, unless abutting an alley, then the minimum setback shall be five feet.

3.    Side Yard Building Setback. The minimum side yard shall be eight feet, unless abutting an alley, then the minimum setback shall be five feet.

B.    Building Separation. The minimum building separation between units within a cottage housing development shall be 10 feet, measured from the nearest point of the exterior walls. Accessory buildings shall comply with building code requirements for separation from noncottage structures.

C.    Covered Parking Setback. The minimum setback for a parking structure adjacent to a cottage unit shall be 20 feet to the roadway accessing the structure, per FMC 18.72.040. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.130 Common space.

A.    Common Open Space. Common open space that is commonly owned by all members of a cottage housing development is an important feature of any site design.

1.    Common Open Space. Minimum requirements for common open space shall be calculated as follows: Total number of units multiplied by 300 square feet. Community buildings, defined in FMC 18.30.030, shall count toward the common open space requirement. Parking areas, yard setbacks, spaces between buildings of 10 feet or less in width, private open space, and driveways do not qualify as common open space. Low impact stormwater systems such as rain gardens, low-slope detention ponds which are integrated into landscaping along trails and pathways, and critical areas and their associated buffers that include interactive viewpoints or views of the areas from pathways may qualify as common open space.

2.    Proximity to Common Open Space.

a.    At least 50 percent of the cottage units shall abut a common open space, and all cottage units shall be within 60 feet walking distance to the nearest point of the common open space, as measured from the nearest entrance of the cottage housing unit along the shortest designated walking route. The common open space shall have cottages abutting at least two sides.

b.    All cottage houses shall be connected to the common space by pedestrian walkways. Such individual walks shall have minimum width of three feet and shall be constructed of asphalt or concrete.

c.    For the purposes of cottage housing, “common open space” shall be the central space that may be used by all occupants of the cottage housing development. Such requirement shall be reflected in the private covenants, codes, and restrictions to be reviewed by the City and filed with the Whatcom County Auditor (FMC 18.30.140).

B.    Common Building. A common building is a structure that is commonly owned by all members of a cottage housing development and is conveniently located within the development. Examples of a common building include: storage building, recreation building, or meeting hall. As an incentive to include a common building, a development with a common building may increase its maximum total number of cottages by two, although the increase in cottages is not required.

1.    Floor Area of Common Building. Floor area of the common building shall not be less than the average of the dwelling units.

2.    Common Building Design. Design of the common building shall be consistent with that of the cottage housing development.

3.    The area reserved for the common building may be included in calculations for common space, pursuant to the requirements of subsection (A)(1) of this section. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.140 Covenants, conditions and restrictions.

Covenants, conditions, and restrictions (CC&Rs) shall be approved by the City prior to approval of the cottage housing development. The CC&Rs shall identify responsibilities for protection, preservation, and maintenance of the common space and building(s), water detention and treatment facilities, drainage infrastructure, and other common, nonpublic infrastructure of the project. Any required repair, maintenance, or restoration associated with common areas shall be the responsibility of the homeowner’s association.

The CC&Rs shall contain specific language ensuring annual inspection and certification to the City by a registered engineer of the adequacy of the stormwater treatment and conveyance systems. Following approval by the City, the CC&Rs shall be recorded with the Whatcom County Auditor. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.150 Private open space.

Each residential unit in a cottage housing development shall be provided an area of private open space. The private open space may be separated from the common open space with a small hedge, picket fence, or other similar visual separation to create a sense of separate ownership.

A.    Each cottage unit shall be provided with a minimum of 200 square feet of private open space separated from the common open space by a hedge or fence not to exceed two feet, six inches in height. Front yards as described in FMC 18.30.010 and covered main entry porches as described in FMC 18.30.070 count toward the usable private open space requirement.

B.    No dimension of the private open space shall be less than eight feet.

C.    Private open space shall be calculated separately from the common open space described in FMC 18.30.130. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.160 Tree conservation.

Cottage housing developments shall be designed to incorporate existing trees to the extent possible. New trees shall be located to create amenities in the common open space and private open space, to provide shade where appropriate, to create separation between buildings when desired, to screen and soften the perimeter of parking areas and street facing sides of cottage housing developments, and to promote the integration of cottage housing developments into the surrounding neighborhood. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.170 Stormwater low impact development techniques.

Cottage housing developments shall be designed to take advantage of open space and landscaped features to utilize stormwater low impact development techniques including natural filtration and on-site infiltration of stormwater.

A.    Low impact development techniques for stormwater management shall be used wherever possible. Such techniques may include the use of pervious pavers in parking areas and for walkways, directing roof drains and parking lot runoff to landscape beds, swales, green or living roofs, and the use of rain barrels. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.180 Parking.

Parking space requirements for cottage housing developments shall be required as detailed in the table below. One space shall be provided for each cottage. All parking shall be located and designed to be less visible from frontage streets than the cottages themselves. Parking shall be designed to maintain a pedestrian character for the overall cottage housing development. Visitor parking shall be clustered and located centrally within the development. However, on a site-specific basis, design solutions other than clustering may be found to meet this objective through the alternative design process. Parking areas shall be attractively landscaped to screen parking from adjacent properties and street rights-of-way and shall meet applicable parking lot landscape standards.

A.    Parking Requirements.

Type of Dwelling Unit

Off-Street Parking Spaces Required

Maximum Area of Covered Parking (Single-Car Garage or Carport)

Cottage

1 space, covered or uncovered

270 sf

Existing single-family residence

2 parking spaces

N/A

Visitor parking

0.5 space per cottage unit

N/A

B.    Parking Lot Landscaping. Parking lot landscaping shall comply with the requirements of Chapter 18.74 FMC.

C.    Common Walk System. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet, and be constructed of a durable hard-surfaced material. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)

18.30.190 Exterior lighting and heating/cooling equipment noise.

Cottage housing developments should be designed to minimize light and noise impacts both within the development and to adjacent properties.

A.    Street lighting shall be designed and installed consistent with requirements in FMC 19.35.080.

B.    Exterior lighting shall be mounted as low as possible, pointed downward, and the light source shall be shielded from direct observation from above, adjacent properties, and public rights-of-way. Lighting “spillover” to adjacent properties shall be avoided.

C.    Heating (and cooling, if applicable) equipment for cottage housing developments shall be designed to cause little or no noise impacts within the development and to adjacent properties. Exterior heating and cooling equipment shall be incorporated into the architectural design of the development, or shielded from view by vegetative screening or other means. (Ord. 2218 § 1 (Exh. 1), 2023; Ord. 1525 § 1, 2009)