Bellingham City Zoning Code
ARTICLE XXIX
Downtown Residential Development Overlay District
§ 240-203 Purpose.
A.
It is the purpose of this section to establish a Downtown Residential Development Overlay District (DRDOD). Through the application of creative site planning, the establishment of the DRDOD will provide a supportive setting for the development of a mixture of small lot upscale single-family residences and townhomes in a village type setting; one that is in close proximity to the downtown area whose establishments would benefit from the patronage that these new residences would provide. The processes adopted hereunder will ensure that development within the DRDOD will be balanced with the public health, safety and welfare.
B.
A special permit from the Planning Board shall be required for all projects proposed under the DRDOD Bylaw.
C.
Except as otherwise set forth in this Article XXIX, no provision in Article XXIX may be construed to supersede or otherwise alter or amend the bylaws pertaining to the use of land in the underlying district. Rather Article XXIX is intended to supply an alternative for those who elect to submit a special permit application under the provisions of this DRDOD Bylaw, in which case the provisions and requirements of the DRDOD Bylaw shall apply, and not the provisions and requirements of the underlying district, except as specifically stated in the DRDOD Bylaw.
D.
Overlay district. The DRDOD shall consist of the following properties, as identified on the Assessor's Maps maintained by the Town and map attached: Assessor Parcel 0051-0013-00, all but the Industrial Zoned portion of Parcel 0051-0013-00.
§ 240-204 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The SPGA shall be the Planning Board whose review of special permit applications submitted hereunder shall be based upon the considerations of Article IV, Special Permits, along with other specifically designated criteria contained in this DRDOD Bylaw.
§ 240-205 Permitted and prohibited uses.
§ 240-206 Inclusionary housing.
The DRDOD is exempt from Bellingham Zoning Bylaw Article XXV, Inclusionary Housing.
§ 240-207 Land disposition.
Single-family dwellings shall be on individual house lots as is typical of residential subdivisions. Townhouse dwellings shall be on land that is held in common ownership as is typical of condominiums.
§ 240-208 Standards and other rules and regulations.
A.
The following standards, rules and regulations, which vary from the underlying zoning, shall apply to any single-family dwelling development proposed under the DRDOD Bylaw.
B.
The following standards, rules and regulations, which vary from the underlying zoning, shall apply to any townhouse dwelling development proposed under the DRDOD Bylaw.
C.
All other applicable standards, rules and regulations, performance requirements and dimensional requirements in the Zoning Bylaw shall be applicable.
D.
Traffic and pedestrian safety:
(1)
Interior design. The design of the proposed development shall ensure safe interior circulation within its site with adequate ingress and egress as well as separation of pedestrian, bike ways, and vehicular traffic. The principal roadways serving the site shall be designed to conform to standards of the Town, as established by the Town's Subdivision Rules and Regulations, subject to waiver by the Planning Board, after review and guidance by emergency services and the Department of Public Works, upon a showing of good cause by the applicant.
(2)
Internal ways providing access and egress for the development shall be determined to be "roadways" for the purpose of the interpretation of this DRDOD Bylaw. This shall include the provision of adequate access for bikeway and pedestrian traffic to the downtown commercial community.
(3)
Emergency access. All applications must demonstrate that, in the opinion of the Bellingham Fire Department, there is adequate accommodation for emergency vehicles throughout any proposed project.
E.
Parking.
(1)
Dwellings. A minimum of two spaces per dwelling unit.
(2)
All off-street parking areas for five or more cars shall be at least 20 feet from a project roadway and shall be adequately screened from a public right-of-way. However, the Planning Board may allow off-street parking lots to be located closer than 20 feet of an internal roadway in the development based upon factors which may warrant such a reduction, such as but not limited to buffers, environmental impacts and the proximity of nearby buildings.
F.
Open space requirement.
(1)
Any proposal under this DRDOD Bylaw is required to reserve and restrict no less than 40% of the entire site for open space purposes. Such open space shall be shown on a site plan and may include outdoor recreational (passive or active) activities. Such open space will be conditioned as preserved in perpetuity.
(2)
Prior to the submission for a special permit the applicant shall meet with the Conservation Commission so they can evaluate the open space component of this submission. The Conservation Commission shall provide their recommendation to the Planning Board prior to the Planning Board's first hearing on the proposal.
§ 240-209 Impact contribution.
Whereas the scope and magnitude of the project will impact the Town in a measurable way the developer through a public services impact study shall provide recommended potential structural and nonstructural improvements that the Town could consider to insure public services properly and adequately accommodate the new development. Such services under review shall include but is not limited to traffic, school, emergency services, water and sewer.
§ 240-210 Pre-application review.
The DRDOD is exempt from development plan approval under § 240-16 of the Zoning Bylaw. However, any applicant for a special permit under this DRDOD Bylaw shall meet with the Planning Board staff prior to the submission of a special permit application under the DRDOD Bylaw.
§ 240-211 Required materials.
Notwithstanding the lack of formal development plan approval, all applications for a special permit hereunder shall include all plans and materials required under development plan approval as listed in § 240-17 of the bylaw. Additionally, where no subdivision is sought, as in the case of townhouse dwellings, the applicant shall provide any and all other plans that are required under the Town's Subdivision Rules and Regulations as they apply to roadways, utilities, stormwater facilities and other elements of required utilities and infrastructure.