Bellingham City Zoning Code
20.30 Residential
Single Development
20.30.010 Applicability.
A. Regulations specified within this chapter shall apply to the use of land within areas which have been designated by the applicable neighborhood plan to have a residential single (RS) general use type. Additional regulations which may apply are referenced within the text for the convenience of the user.
B. The regulations specified within this chapter also apply to the development of a single-family dwelling unit located within areas designated residential multi, commercial, institutional or planned.
C. This chapter is designed to be used in conjunction with the land use classification system found within the appropriate neighborhood plan. [Ord. 9024, 1982].
20.30.020 Purpose and intent.
A. Generally.
1. The residential single (RS) general use type is primarily intended to accommodate families desiring to live within neighborhoods consisting of individual dwelling units or townhouses in low density environments.
2. These regulations have been adopted to provide flexibility in the arrangement of a main building upon a building site in order to allow efficient and capable design, assure necessary light and air, and to encourage the compatible development of neighborhoods while conserving and enhancing the value of land and the important physical characteristics within the RS areas.
B. Detached/Cluster Designation.
1. The residential single-family “detached” designation is intended to accommodate unattached, individual dwelling units located upon a single lot or parcel. The detached designation has generally been applied in those areas of the city which are currently developed in this fashion and in other areas best suited for this type of development.
2. The residential single-family “cluster” designation is intended to accommodate individual dwelling units located upon a single or multiple lots. Generally the same overall density is maintained; however, cluster lots may be reduced in size and street frontage requirements in order to retain open space or preserve environmentally sensitive areas. These regulations have been adopted to provide for reduced or eliminated setbacks, and in some areas common wall construction, where desired in order to provide design flexibility and promote a more desirable living environment.
C. Mixed Uses. Specific areas within the neighborhood plans have been designated “mixed” so as to permit certain “mixed uses” in addition to the general principal uses allowed within areas designated RS. These mixed uses have been included in neighborhood plans where it has been determined that they would complement the principal uses and would not produce significant detrimental impact to the neighborhood. In areas where a “mixed” qualifier has been designated, the specific allowable mixed uses are enumerated within the land use classification system of the applicable neighborhood plan.
D. Conditional Uses. Certain uses have been designated as conditional uses because they directly benefit or provide services to families within the immediate area or because they are uses of a community nature which function best if located within RS areas. Because such uses are usually more intense than the principal uses, review and scrutiny is required to determine if the proposal would cause substantive detriment to the quality of life within the RS area. [Ord. 2018-12-036 § 29; Ord. 9024, 1982].
20.30.030 Permitted uses.
A. Uses Permitted Outright. No building or land shall be used within an area designated residential single, except as follows:
1. Single-family dwelling unit with less than 5,500 square feet of total floor area. (See conditional uses.)
2. Publicly owned parks, trails and playgrounds.
3. Private recreation facilities, recreational vehicle storage lots and/or common open space (when approved as part of a subdivision).
4. Mixed use (where such a use is specifically listed in a neighborhood land use plan which has been designated with a “mixed” use qualifier).
5. Public utilities (when located within a public right-of-way).
6. Attached accessory dwelling unit (consistent with procedures and requirements outlined in BMC 20.10.036).
7. Detached accessory dwelling unit (consistent with procedures and requirements outlined in BMC 20.10.036).
8. Confidential shelters subject to the provisions of BMC 20.10.047.
9. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.
10. Co-housing developments subject to the requirements of BMC 20.10.048.
11. Short-term rentals, per BMC 20.10.037.
12. Certain temporary homeless shelters, per Chapter 20.15 BMC.
13. Infill housing units subject to the provisions of Chapter 20.28 BMC when approved as part of a cluster short or cluster subdivision.
14. Certain interim housing, per Chapter 20.15A BMC.
15. Manufactured home parks (MHP) in the MHP overlay, subject to Article III in Chapter 20.35 BMC and BMC 20.10.033.
B. Conditional Uses. The following uses may be allowed if approval can be obtained based upon standards and requirements for conditional uses as specified in Chapter 20.16 BMC.
1. School.
2. Church.
3. Neighborhood club/activity center.
4. Nonconforming use; signage.
5. Golf course facility.
6. Riding academy.
7. Medical care facility.
8. Public utilities; other than those described in subsection (A)(5) of this section.
9. Day care, not to include babysitting.
10. Service care.
11. Adaptive uses for historic register buildings as defined in BMC 20.16.020(A)(1).
12. Day treatment center.
13. Agricultural nursery.
14. Short-term rentals, per BMC 20.10.037.
15. Single-family residence containing 5,500 square feet or more total floor area (subject to the standards found in BMC 20.16.020(M)(4)).
16. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.
17. Art schools.
18. Community public facilities, with the exception of publicly owned parks, trails and playgrounds; subject to the provisions of BMC 20.16.020(K)(4).
19. Certain interim housing, per Chapter 20.15A BMC. [Ord. 2022-11-025 § 5; Ord. 2020-02-002 § 4; Ord. 2018-12-036 § 30; Ord. 2018-11-024 § 7; Ord. 2018-10-019 § 4; Ord. 2018-05-009 § 13; Ord. 2005-12-094; Ord. 2004-09-065; Ord. 2002-10-069 § 52; Ord. 2002-06-045 § 13; Ord. 2001-11-077 § 5; Ord. 1998-11-089; Ord. 1998-11-088; Ord. 1998-08-062; Ord. 1998-07-057; Ord. 1998-06-034 § 3; Ord. 10643 §§ 6, 7, 1995; Ord. 9639 § 3, 1987; Ord. 9582 §§ 2, 7, 1986; Ord. 9024, 1982].
20.30.040 Standard development regulations.
A. Applicability.
1. The regulations of this section shall apply to the development of any main building in an area designated RS to be occupied by a principal use designated in BMC 20.30.030.
2. The regulations of this section also apply to the development of a single-family home where permitted in other designations (residential multi, commercial, institutional or planned).
3. The regulations of this section shall apply to the development of any permitted conditional use in an area designated RS unless other applicable regulations appear within Chapter 20.16 BMC.
4. Except where other applicable regulations appear within BMC 20.10.036 or 20.30.100, the regulations of this section shall apply to the development of any accessory building in an area designated RS.
5. In addition to the requirements under this chapter, all residential single development that drains to Basin One of the Lake Whatcom watershed, as shown in Chapter 16.80 BMC, Lake Whatcom Reservoir Regulatory Provisions, shall provide for stormwater management as shown in Chapters 15.42 and 16.80 BMC.
B. Minimum Site Area.
1. Development of any use shall take place upon a site area not less than what is specified within the relevant neighborhood plan land use classification system under “density,” except in the following instances:
a. Development upon lots of record recorded prior to February 5, 1973. In which case, the minimum site area shall encompass all adjacent and contiguous lots of record held under common ownership as of the effective date of the ordinance codified in this chapter.
b. Development upon lots of record approved through the subdivision process, as amended; in which case, the minimum site area shall be the lot size as approved and recorded.
c. Conditional use development where less site area is specifically authorized in Chapter 20.16 BMC.
d. Exception. Exceptions from the minimum site area requirements shall be summarily approved by the planning director, provided all of the criteria listed below are satisfied.
i. All adjacent property held by the subject owner is not capable of meeting the density provisions required for short subdivision.
ii. The property proposed for development is a legally recorded lot(s) or parcel(s).
iii. The proposed use is for a single-family residence.
iv. Fifty percent or more of the total number of parcels within or partially within 300 feet of the exterior boundary of the subject property shall have a site area which is less than or equal to that of the subject property. To be included in consideration, a surrounding parcel shall be a buildable lot and within the same land use area as the subject property.
v. The parcel does not drain into Basin 1 of the Lake Whatcom watershed as shown in BMC 16.80.040, except for those parcels which have received a written exception from the planning director which has not been rescinded, on or before June 1, 1997.
2. Public parks, playgrounds, common open space, recreational facilities and public utilities authorized within BMC 20.30.030 shall be exempt from minimum site area requirements.
C. Main Building/Principal Use. There shall be no more than one principal use and/or one main building on a lot; provided, however, that the hearing examiner is authorized to approve additional main buildings for those conditional uses which the hearing examiner finds by their nature to function efficiently and appropriately in more than one main building.
D. Open Space. A minimum of 30 percent of the site area shall be reserved as private open space.
E. Height. No structure shall exceed 35 feet under BMC 20.08.020, height definition No. 1 or 20 feet under height definition No. 2.
F. Minimum Yards.
1. Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks as shown on Table 20.30.040 – Residential Single Minimum Yards shall be required for main buildings:
Table 20.30.040 Residential Single Minimum Yards
Yards | Setbacks | Measurements |
|---|---|---|
Front Yard Setback | 50 feet CL 1 | Setback measured from the centerline (CL) of the street right-of-way. |
60 feet CL if designed street arterial 1 | ||
20 feet PL if abutting a cul-de-sac | Setback measured from the front property line (PL). | |
10 feet from an access easement 3 | Setback measured from the closest boundary of an access easement associated with the private driveway. | |
Side Yard on a Flanking Street | 40 feet CL | Setback measured from the centerline (CL) of the street right-of-way. |
50 feet CL if designed street arterial | ||
10 feet PL if abutting a cul-de-sac | Setback measured from the property line (PL) abutting the side flanking street. | |
Side Yard Setback | 5 feet PL | Setback measured from each side property line (PL). |
Rear Yard Setback | 10 feet PL | Setback measured from the rear property line (PL). |
Note:
1At the property owner’s option, when 40 percent or more of all lots or parcels on one side of a block between two intersecting streets have been built up with buildings of less depth than that required by this chapter, then the average depth of the front yards may be the required yard for that side of the block. For the purpose of calculating the average depth, buildings that exceed the front yard setback shall be calculated to the standard minimum front yard setback. This front yard setback option is not applicable to garages and carports, which shall comply with the standard front yard setback requirement. Yard encroachments may be permitted per BMC 20.10.080(B).
2 Exception: Permitted yard encroachments identified in BMC 20.10.080(B) may extend into a standard required yard; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.
3Applicable only to lots that lack street abutment and are served by a private access easement. The maneuvering area between the back of parking (or a garage/carport entry) and a private driveway shall not be between 10 feet and 18 feet in length to prevent parked cars from overhanging into a driveway.
G. Minimum Yards – Cluster Subdivisions.
1. Unless more stringent setbacks have been delineated upon a cluster plat as part of an approval requirement, the following setbacks as shown on Table 20.30.045 – Cluster Residential Single Minimum Yards shall be required for main buildings on lots created through the subdivision process:
Table 20.30.045 Cluster Residential Single Minimum Yards
Table 20.30.045 – | ||
|---|---|---|
Yards | Setbacks | Measurements |
Front Yard Setback | 15 feet PL | Setback measure from the front property line (PL). |
10 feet from an access easement (2) | Setback measured from the closest boundary of an access easement associated with the private driveway. | |
Side Yard on a Flanking Street | 10 feet PL | Setback measured from the property line (PL) abutting the side flanking street. |
Side Yard Setback | 5 feet PL | Setback measured from each side property line (PL). |
Side/Rear Yard Setback (attached) | 0 feet PL | Setback measured from the side/rear property line (PL).(3) |
Rear Yard Setback | 10 feet PL | Setback measured from the rear property line (PL). |
Note:
1 Exception: Permitted yard encroachments identified in BMC 20.10.080(B) may extend into a standard required yard; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.
2Applicable only to lots that lack street abutment and are served by a private access easement. The maneuvering area between the back of parking (or a garage/carport entry) and a private driveway shall not be between 10 feet and 18 feet in length to prevent parked cars from overhanging into a driveway.
3Applies to the portion of the building(s) where the attachment occurs.
H. 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. Said trees are required for all new and redeveloped properties unless already installed as part of a land division process. [Ord. 2024-06-018 § 5; Ord. 2024-02-002 § 7; Ord. 2018-12-036 §§ 31 – 34; Ord. 2018-05-009 § 14; Ord. 2011-07-036; Ord. 10920, 1997; Ord. 9223 § 1, 1983; Ord. 9024, 1982].
20.30.050 Optional development regulations.
Repealed by Ord. 2018-12-036. [Ord. 2001-11-077 § 2; Ord. 9024, 1982].
20.30.060 Parking.
A. Applicability. This section provides the parking regulations for a single-family dwelling unit only. For other uses refer to Chapter 20.12 BMC.
B. Number of Spaces Required. Two parking spaces shall be required for every single-family dwelling unit with the following exception:
Single-family, attached homes (including duplexes taking the option of developing as two single-family, attached units under BMC 20.32.045) shall provide one additional parking space for each bedroom over three. No more than two enclosed garage parking spaces per unit may count toward meeting parking requirement.
C. Parking Design.
1. The minimum size of a required parking space is nine feet by 18 with 22 feet of maneuvering aisle depth behind each space.
2. All required spaces shall be located on site.
3. Shared driveways with neighboring properties may be used.
4. No portion of any parking area shall be permitted within the front yard, side yard on a flanking street, vision clearance triangle or other front yard setback established on the recorded plat (e.g., a lot frontage such as a pipestem that does not meet minimum lot width and is not buildable), with the exception that parking is outright permitted in the front yard of those lots created through a cluster subdivision. Driveway crossings and tandem parking within a driveway, when allowed by other city codes, are not prohibited by this provision. Single-family homes and duplexes that are required to provide on-site maneuvering due to driveway access onto an arterial street or location near an intersection under BMC 20.12.010(D)(7) are not prohibited from providing a single backup area within the front yard or side yard on a flanking street.
5. Open parking spaces may be located within required interior side and rear yards. (See also accessory buildings, BMC 20.30.100.)
6. City rights-of-way may be utilized for maneuvering unless the right-of-way is a designated arterial or when the driveway enters the street within 50 feet of a street intersection; in which case the maneuvering area shall be provided on site.
7.
a. All required parking spaces shall be designed such that any vehicle parking in any space may enter and exit without interference or blocking any other vehicle parking in any other required space, except as allowed in subsections (C)(7)(b) and (C)(7)(c) of this section.
b. Tandem parking (two cars maximum) as allowed when enclosed within a structure.
i. Tandem parking garages shall be set back a minimum of four feet from the front face of a building.
c. Tandem parking not enclosed within a structure on lots created through the cluster subdivision pursuant to BMC Title 23.
8. A driveway for a single-family attached unit shall not exceed 20 feet in width within the front yard or side yard on a flanking street.
9. Where Required by Special Regulation in Chapter 20.00 BMC – Zoning Tables. When access is available from a city maintained alley, no vehicular access shall be taken from the street frontage except when the planning director determines that alley access is impractical or environmentally constrained.
D. Improvement Standards.
1. Driveways, maneuvering areas, and parking spaces shall be improved to a standard of no less than three inches of crushed gravel; provided, however, that the driveway shall be paved if the street being used for direct access is improved with curb and gutter.
2. Permeable pavement shall be used for hard surface ground cover areas unless infeasible, per infeasibility criteria stated in BMP T5.15 of the Ecology Manual. Projects that include less than 2,000 square feet of new or replaced impervious surface are exempt from this requirement.
3. A portion of a standard parking space may be landscaped instead of paved, provided the requirements in BMC 20.12.030(C)(4)(e) are met. [Ord. 2018-12-036 § 36; Ord. 2017-03-009 § 26; Ord. 2006-12-122; Ord. 2003-03-010; Ord. 2001-04-033 §§ 2, 6, 9; Ord. 9024, 1982].
20.30.070 Special conditions.
A. Special Districts. The following terms identified as special conditions in the land use classification system refer to overlay zones or additional regulations which may be applicable to a land use area where the term appears:
1. Shoreline.
2. Flood.
3. View.
4. Clearing.
Where no ordinance covering one of the above terms has been passed or shoreline master plan has been approved by the city, these terms shall not be applicable. In areas where one of the following terms are stated in the land use classification system, compliance with the provisions of the respective regulation will be required pursuant to the terms of that program or ordinance:
Term | Regulation |
|---|---|
“Shoreline” | Shoreline Management Master Program |
B. Special Concerns. The remaining words identified as special conditions in the land use classification system are special concerns which are site-specific in nature. The designation of a special concern in an area will not result in any requirements being imposed on development proposals in that area pursuant to this title other than those which require discretionary permits. Rather, these special concerns identify problems which may form the basis of conditions to be attached to a development proposal pursuant to discretionary approval under this title (variance, conditional use, or approval pursuant to the planned or institutional development regulations), subdivision approval (long plat), or the State Environmental Policy Act (Chapter 43.21C RCW as implemented by city Ordinance No. 8515, as amended).
Any conditions attached to discretionary approval of a project pursuant to this section shall be based upon the special concern as explained by language (if any) contained in either the introductory paragraph to the area classification system or in the preceding text as well as the goals of the comprehensive plan and shall be attached only to satisfy the appropriate standards for issuance of such approval; provided, that any conditions to proposals which are based upon such special concerns shall be formulated so as to allow the reasonable use of property for a purpose to which it is suitably adapted. [Ord. 9024, 1982].
20.30.080 Prerequisite considerations.
A. Purpose. Prerequisite considerations are enumerated in the neighborhood plan land use classification system of the comprehensive plan in order to prevent the overcrowding of land in relation to the existing provision of essential services, to lessen congestion of streets, to provide for orderly and coordinated development, to conserve and restore natural beauty and other natural resources and to facilitate provision of adequate transportation, water, sewerage, and other public services.
B. Effect.
1. Prerequisite considerations are items which shall be addressed by the responsible official in conjunction with any proposal not exempt from the State Environmental Policy Act (SEPA) or by the decision-making body in regard to those projects which require discretionary approval.
2. Any conditions attached to discretionary approval of a project pursuant to this section shall be based upon the prerequisite consideration as explained by language (if any) contained in either the introductory paragraph to the area classification system or in the preceding text of the neighborhood plan, as well as the goals of the comprehensive plan.
3. Conditions based upon prerequisite considerations shall be formulated to correspond to the degree of impact which the specific development proposal is anticipated to have upon the situation giving rise to the prerequisite consideration; provided, that conditions to proposals which are based upon such prerequisite considerations shall be formulated so as to allow the reasonable use of property for a purpose to which it is suitably adapted.
4. In the event a mechanism exists which will ensure that a prerequisite consideration will be satisfied at an appropriate time, the responsible official or decision-making body may approve the development proposal conditioned upon such future performance. Where the responsible official or decision-making body decides that the prerequisite consideration is inapplicable to a development proposal and attaches no corresponding condition, the rationale for such a decision shall be specifically set out in findings of fact.
C. The city of Bellingham shall adopt a capital improvement plan which shall address specifically the prerequisite considerations delineated in the Bellingham plan and include a priority within which the developmental problems recognized by the prerequisite considerations should be resolved.
D. User Information. If there are any prerequisite considerations listed in the applicable neighborhood plan land use classification system, consult the office of planning and development for guidance prior to project plan preparation. [Ord. 9024, 1982].
20.30.090 Signs.
A. Generally. No signs are permitted in any area designated RS, unless specifically authorized herein. (See also BMC 20.30.120, Vision clearance triangle.)
B. Regulations by Use.
1. Use – Subdivision. One sign, per main entrance, which may be indirectly lighted, not to exceed 50 square feet in area, may be erected on private property within the subdivision. Such sign may be placed within the street right-of-way adjacent to the subdivision with approval by the public works department. Message shall be limited to the name of the subdivision only.
2. Use – Residential and Home Occupation. One sign, which may be indirectly lighted, not more than two square feet in area per sign face shall be permitted. Message shall be limited to name/address/phone number of the occupant/business.
3. Use – Nonresidential (Conditional Use and Mixed Uses). One sign, which may be indirectly lighted, not to exceed 16 square feet in area per sign face. Message shall be limited to name/address of use only.
4. Temporary Building Sign. One sign, unlighted, not to exceed eight square feet shall be permitted.
5. Real Estate Sign.
a. One sign, unlighted, not to exceed six square feet shall be permitted for each residential street frontage.
b. Two open house directional signs for each such open house, not to exceed eight square feet per sign face may be placed in the unpaved portion of the street right-of-way only during daylight hours and only when seller or agent is in attendance of property for sale. Signs shall not obstruct vision at intersections, interference with traffic of any kind, or create a traffic hazard.
c. Signs advertising a subdivision shall be limited to one single faced sign per main entrance not to exceed 16 square feet. Said sign shall be placed wholly on private property within the subdivision and shall be taken down after the close of sale of 60 percent of the lots. Thereafter signs shall be limited to individual properties as regulated in subsection (B)(5)(a) of this section.
6. Nonconforming Uses. Signage for nonconforming uses shall be reviewed and approved as a conditional use by the hearing examiner and shall meet the sign regulations for other conditional uses within the applicable land use designation. [Ord. 2002-10-069 § 52; Ord. 9582 § 8, 1986; Ord. 9024, 1982].
20.30.100 Accessory buildings and uses.
A. Generally.
1. Uses and buildings accessory to the permitted principal use shall be allowed unless specifically prohibited.
2. Uses accessory to a conditional use shall be permitted outright if contained within the main building. Buildings accessory to the main building of a conditional use shall be permitted outright if less than 800 square feet in total floor area. However, if said building will exceed 800 square feet in total floor area, separate approval as a conditional use is required.
3. Exempt home occupations and babysitting shall be considered an accessory use.
B. Regulations.
1. The regulations of BMC 20.30.040 shall apply to all accessory buildings except that:
a. Accessory buildings shall not exceed one story in height, or 12 feet under either height definition.
b. Accessory buildings may be located in a rear yard and in the rear 22 feet of an interior side yard.
c. An accessory building that consists partly or entirely of a detached accessory dwelling unit may be allowed pursuant to BMC 20.10.036.
2. Buildings accessory to single-family homes shall not be used for human habitation other than the resident family, nor used to conduct any business, unless specifically permitted.
3. Accessory buildings shall not be constructed prior to the commencement of the construction of the main building.
4. An accessory building may not exceed 800 square feet in area, provided:
a. The hearing examiner may approve, by conditional use permit, larger buildings after proper review and consideration; or
b. If the accessory building consists partly of a detached ADU, the standards in BMC 20.10.036 shall apply. [Ord. 2018-05-009 § 15; Ord. 2002-10-069 § 52; Ord. 9024, 1982].
20.30.110 Fences.
A. Fences, walls, and hedges when located within a “required yard” shall not exceed the following height limits:
1. | Front yard on an interior lot | 54" | (4' 6") |
2. | Front yard on a corner lot | 42" | (3' 6") |
3. | Side yard on a flanking street | 42" | (3' 6") |
4. | Interior side and rear yards | 72" | (6') |
5. | Vision clearance triangle | 36" | (3') |
B. Fences, walls and hedges when located on private property but not located within a required yard shall not exceed the height limitations otherwise applicable to structures.
C. Fences, walls and hedges may be permitted to exceed the maximum height if the following information is submitted and an administrative exception is approved as provided below.
1. Plans showing the location of the proposed fence and all buildings within 50 feet.
2. An illustrative drawing of the fence, type of construction material, and the proposed height.
3. The written consent of all abutting property owners.
Upon submittal of the information, the planning and public works directors or their delegates in order to approve the exception must find that the fence as proposed will not be detrimental to the neighborhood in terms of view, light, and air; nor injurious to traffic safety. [Ord. 9024, 1982].
20.30.120 Vision clearance triangle.
A. All corner lots which are required to have a front yard and side yard on a flanking street shall provide and maintain a clear vision triangle at the intersection of the street rights-of-way for the purpose of traffic safety.
B. The vision triangle shall be the area defined within boundaries determined by measuring 20 feet along both the front and side fee title property lines and diagonally connecting the ends of the two lines. (See BMC 20.08.020, Figure 7.)
C. No building, structure, vehicle, object, sign or vegetative growth over 36 inches in height shall be permitted within this triangle; provided, however, that the public works department may authorize the location of one sign within this triangle, subject to the provisions of BMC 20.30.090 and any other applicable sign regulation, if the lowermost portion of the sign is at least nine feet above the ground and the support for said sign will not in their opinion constitute a traffic hazard.
D. It shall be the responsibility of the property owner abutting the vision triangle to maintain the visibility within this triangle pursuant to the requirements herein. [Ord. 9024, 1982].