1. The number of detached single-family dwelling units does not exceed 25 percent of the total number of units proposed for a development. The 25 percent shall be based on the minimum density specified in the applicable neighborhood subarea zoning table in Chapter 20.00 BMC; or

2. When approved as an exception pursuant to BMC 20.32.040(B)(3).

1. Any property with a planned use qualifier designation in the applicable neighborhood plan may develop, upon approval of a building permit, any single principal use authorized in the residential single development chapter subject to the regulations therein.

2. The division of land pursuant to the provisions of BMC Title 23 that includes only single-family and infill housing types.

3. Nonconforming Buildings and Uses. Any existing building and/or existing use located upon property designated as planned without having gained approval of a planned development permit shall be deemed nonconforming subject to the limitations found within Chapter 20.14 BMC; provided, however, that the following shall be permitted:

1. The residential multi (RM) general use type is primarily intended to accommodate the highest concentrations of people within the city and to preclude the development of residential multi zoned properties at densities below the prescribed minimum densities. The regulations found within this chapter are intended to provide a framework for a desirable living environment for the people living within and adjacent to areas designated RM.

2. The standard regulations within this section are intended to achieve a minimum acceptable level of adequacy for a livable environment. The optional regulations are available for use by the innovative designer or builder to create opportunities for design and site flexibility, while maintaining or surpassing the adequate living environment that the standard regulations would produce.

1. Permits diversity in the location of types of structures;

2. Promotes the efficient use of land by facilitating a more economic arrangement of buildings, circulation systems, land use and utilities;

3. Preserves to the greatest extent possible the existing landscape features and amenities and utilizes such features in a harmonious fashion;

4. Addresses site-specific opportunities and concerns;

5. Lessens development impacts to adjacent areas through site design and necessary mitigating measures.

1. School.

2. Church.

3. Neighborhood club/activity center.

4. Nonconforming use; signage.

5. Golf course facilities.

6. Riding academy.

7. Medical care facility.

8. Public utilities, other than those described in subsection (A) of this section.

9. Day care.

10. Service care.

11. Day treatment center.

12. Child placing agency.

13. Adaptive uses for historic register buildings as defined in BMC 20.16.020(A)(1).

14. Short-term rentals, per BMC 20.10.037.

16. Parking facilities (nonretail), when used in conjunction with other permitted or conditional uses in the RM general use type.

17. Agricultural nursery.

18. Eating establishment (multiple use qualifier only).

19. 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)).

20. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.

21. Art schools.

22. Community public facilities, with the exception of publicly owned parks, trails and playgrounds; subject to the provisions of BMC 20.16.020(K)(4).

23. Certain interim housing, per Chapter 20.15A BMC.

1. Nonconforming, Planned. Any existing building and/or existing use located upon property designated as planned without having gained approval of a planned development permit shall be deemed nonconforming subject to the limitations found within Chapter 20.14 BMC; provided, however, that the following shall be permitted:

2. Such expansion must be accomplished in conformance with the following regulations:

1. Unless the optional regulations of BMC 20.32.050 are utilized, the regulations of this section shall apply to all principal use development, including mixed uses and conditional uses, in all areas designated with a residential multi general use type.

2. Development of a detached single-family dwelling unit permitted in this chapter shall comply with the standard development regulations within Chapter 20.30 BMC.

3. Single-family attached units shall comply with standard development regulations found in BMC 20.32.045.

4. In addition to the requirements under this chapter, all residential multi 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.

1. The number of units possible in any designated ranged density classification shall be determined by dividing the area of the subject property by the maximum and minimum density listed in subsection (B)(2) of this section for the ranged density in the applicable subarea of the zoning table pursuant to Chapter 20.00 BMC.

2. Minimum and maximum densities for residential development in residential multi zoned areas shall be based on the following provisions:

3. Exceptions to Minimum Densities. An exception to the minimum density requirement may be approved with or without conditions by the director through the Type I application review process in Chapter 21.10 BMC if the applicant demonstrates an exception under this provision results in the highest possible density when one or more of the following are associated with the site:

4. Phased Development. Phased development may be permitted to occur with one or more phases developing at a density below the minimum density provided the required land use decision(s) include a development proposal demonstrating full compliance with the minimum density of the project boundary, which identifies all phases, and is compliant with all other density provisions in this chapter. If the development proposal includes detached single-family residences per this chapter, no more than 50 percent of the allowed detached single-family units shall be permitted in one phase unless approved through a development agreement or the director administratively determines construction of more than 50 percent of the allowed detached single-family units in a single phase is appropriate to provide a transition from an existing, established detached single-family neighborhood and proposed higher intensity multifamily development.

5. Density Bonus. As stipulated in Chapter 20.00 BMC, Zoning Tables, a density bonus may be obtained for a multifamily development proposal that has not previously been granted a density bonus under a different development proposal. A density bonus shall not establish a density greater than the maximum specified density of the applicable subarea unless as allowed under a separate code provision. Density bonuses shall not be allowed for properties that drain to Basin One of the Lake Whatcom watershed.

A decision to allow a density bonus shall be based on the benefit and quality of the features offered to obtain a bonus and determined to provide project elements that are in addition to the minimum development aspects listed in BMC 20.38.040(B) and this section. The director may impose conditions to ensure that an approved bonus results in a public benefit.

A density bonus may be obtained up to the amounts listed below:

1. These are minimum standards and may be increased for a particular planned proposal where more stringent standards are necessary to protect neighboring properties, conform with existing development in the area, preserve natural resources or sensitive environments, provide for orderly development or conform with the comprehensive plan.

2. The maximum building height for development taking place at a high density shall not exceed 45 feet under BMC 20.08.020, height definition No. 1 or 25 feet under height definition No. 2, except:

3. The 35-foot height limitation is applicable when within 200 feet of the site plan boundary lying adjacent to any residential general use type area not designated planned. Otherwise, there is no expressed general height standard for the remainder of the property. Final height standards shall be determined by the planning director.

4. The goal of the usable space requirement is to congregate the small, fragmented open space areas of a typical development into areas having minimum length and width dimensions so that these areas might be used for play or relaxation, i.e., be usable.

5. Landscape-based LID BMPs may be used in passive open space and may count toward open space requirements. Open space is not required for planned proposals that provide a green area factor (green factor) score of 0.6 in accordance with BMC 20.12.030(E).

6. A parking area shall not extend within 15 feet of any property line abutting a residential single zone.

7. The yard area between a parking facility and any street shall be landscaped and include an evergreen hedge. Hedge plantings shall be spaced not more than two feet on center and designed to be maintained at a height of at least two and one-half feet and not more than three feet in height. A screen is not required along a street if the adjacent zone is of a different general use type.

8. May be directly or indirectly lighted, located on private property and its message limited to the name of the planned project only.

1. Residential multi proposals with a transition, multiple, or planned use qualifier shall meet the following building setbacks as shown in Table 20.32.040(C) – Residential Multi Minimum Yards:

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.

1. One kitchen.

2. Bathrooms.

3. One living room.

1. Streets and utilities should be designed to fulfill reasonably anticipated future need and be located to enable the continued orderly and reasonable use of adjacent property. Streets and utilities should be extended to the property line unless it is clearly demonstrated that the extension will not be needed for development of adjacent property.

2. Dedicated width of rights-of-way shall comply with minimum city requirements.

3. Streets should be improved to the standard required by Ordinance No. 8027 unless a standard is specified in the circulation plan of the comprehensive plan; provided, that the planning director may approve streets which are consistent with neighborhood standards.

4. Pedestrian Circulation. Unless waived for reasons of infeasibility or impracticality by the technical review committee and the planned contract, the following shall be required:

5. A planned development proposal shall comply with city ordinance related to curb cuts and arterial streets access.

6. Dedication of public streets, easements, or park (or other) open space may be required. [Ord. 2024-06-018 §§ 8, 9; Ord. 2024-02-002 § 8; Ord. 2021-10-044 § 12; Ord. 2017-03-009 § 27; Ord. 2011-07-036; Ord. 2008-12-111 § 6; Ord. 2004-09-065; Ord. 2002-10-069 § 53; Ord. 2001-11-077 § 3; Ord. 9244 §§ 1, 2, 1983; Ord. 9173 § 3, 1983; Ord. 9024, 1982].

1. Front Yard. The required front yard setback will be determined by averaging the existing setbacks of the abutting structures on either side of the proposed development. However, if an abutting structure has a variation of more than six feet from the standard multifamily setback, the average shall be determined by using the next adjacent property. If no development exists adjacent to the proposed site, standard multifamily front yard setbacks shall apply (BMC 20.32.040(G)(1)).

2. Side Yard on a Flanking Street. A 40-foot setback measured from the centerline of the street right-of-way to the foundation of the structure shall be provided. However, if said street is a designated arterial, then the setback shall increase to 50 feet.

3. Interior Side Yard. A five-foot side yard setback shall be provided on the side not attached; measured from the side property line to the foundation of the structure.

4. Rear Yard. There shall be a 10-foot rear yard setback; measured from the rear property line to the foundation of the structure.

5. Exceptions. Permitted yard encroachments identified in BMC 20.10.080(B) may extend into the standard required yards; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.

1. Exterior and common wall structural maintenance; and

2. Painting and colors; and

3. Reconstruction of a unit due to fire or natural hazard damage. The common wall agreement shall be recorded as a covenant running with the land and shall not be revoked without approval of the city attorney. The common wall agreement shall be recorded at the auditor’s office prior to the issuance of a building permit.

1. One kitchen.

2. Bathrooms.

3. One living room.

1. The regulations of this section are optional and may be used when constructing a permitted use upon property designated:

2. All regulations of BMC 20.32.040 shall apply except for those related to lot coverage and minimum yards, and where permitted by the neighborhood plan, usable space.

1. The standard setback and lot regulations place uniform restriction upon a building’s size and location on a lot. Their goal is to provide adequate light and air, and lessen a building’s visual impact upon adjacent property owners. The optional regulations attempt to reach that same goal through other means while providing an opportunity to fully utilize the building site’s opportunities.

2. The lot coverage option permits the standard lot coverage percentage to be exceeded to one of four higher levels. With each level, increased building articulation is required. Articulation helps to visually camouflage a building’s size. Since the density would remain constant, the increasing lot coverage will result in increased living space, rather than additional dwelling units.

3. The setback option is intended to eliminate the unusable areas on a development site. Since the open space and usable space requirements would remain unchanged, it is the intent of these regulations that use of this option will result in the compilation of these small areas into bigger usable space areas.

4. The usable open space option is intended to encourage the development of lots already serviced by city utilities, provide the developer of small platted infill lots with an alternative – a financial contribution toward meeting the usable space demands generated by the development – and still be able to maximize investment with an optimum number of units. Usable open space in such areas can be provided on a neighborhood basis. It is intended that the optional financial contributions be used to upgrade or obtain public open space in an area benefitting the subject property.

1. Lot Coverage Level 1 (Maximum 45 Percent Coverage) – Conditions.

2. Lot Coverage Level 2 (Maximum 55 Percent Coverage) – Conditions.

3. Lot Coverage Level 3 (Maximum 65 Percent Coverage) – Conditions.

4. Lot Coverage Level 4 (Maximum 75 Percent Coverage) – Conditions.

1. Front yard and side yard on a flanking street shall meet standard building regulations.

2. Interior Side Yard.

3. Rear Yards.

4. Exception. Permitted yard encroachments identified in BMC 20.10.080(B) may extend into the minimum yards required by subsection (D) of this section; provided, that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.

1. The remainder of the usable space required (a total of 250 square feet for each unit proposed) may be reduced or eliminated, provided payment in lieu of usable space is made in accordance with the following schedule:

2. The fee per unit in lieu of usable space shall be determined by subtracting the amount of usable space provided from the amount required and dividing that number by the number of units proposed. This result shall be multiplied by the applicable fee per unit, based on the gross square footage of land per unit.

3. All fees paid in lieu of usable space shall be paid at the time of building permit issuance.

1. Duplexes and multifamily dwelling units shall provide the following upon construction:

2. All required half spaces shall be rounded to the higher number. The director shall have the authority to determine whether or not a room constitutes a bedroom if the purpose of the room is not clear.

1. All required parking shall be located off street and on the subject property in areas which meet the minimum requirements of this section. Parking on the public right-of-way shall not be considered as off-street parking. Shared parking may be allowed pursuant to BMC 20.12.010(A)(6).

2. Scaled parking plans shall be required which indicate ingress, egress, grade, base and surface materials as well as parking lot dimensions.

3. Off-street parking for single-family and duplex dwellings shall be a minimum of nine feet in width by 18 feet in length (unless adjacent to landscaping, as specified in Figure 20.12.030(A)) with 22 feet of maneuvering aisle depth behind each space. Off-street parking dimensions for other uses shall not be less than shown on BMC 20.08.020, Figures 10, 11 and 12.

4. Unapproved revision to any approved parking facility which would affect the design, or failure to maintain the facility in accordance with good practice shall be deemed a violation of the land use development ordinance. Failure to keep the parking lot surface reasonably clean of debris, failure to keep storm drain catch basins properly clean and functioning, failure to replace dead plant material, or to remove noxious weeds shall be specifically included in the term “failure to maintain the facility in accordance with good practice.”

1. The parking facility shall be totally located within the subject property lines except for ingress and egress areas and maneuvering areas as permitted below.

2. 

3. No portion of an open parking facility shall be located within five feet of any property line except for ingress and egress areas or when alleys are used for maneuvering. This five-foot setback may be waived by the director when:

4. An area of at least five feet in width and 10 feet in length must be provided to separate every 20 open and adjacent parking spaces.

5. No portion of any open parking facility shall be located within five feet of any property line abutting upon property with a residential single general use type.

6. No portion of any parking area shall be permitted within any required front yard, in any required 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.

7. 

1. Hard surfacing shall be required for all portions of the parking facility including those portions within the right-of-way; provided, however, permeable paving is required for hard surface ground cover areas unless infeasible, per infeasibility criteria found in BMP T5.15 of the Ecology Manual.

2. 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.

3. Wheel stops shall be installed to protect landscaping areas and in other areas where it is necessary to maintain an orderly parking pattern.

4. All parking facilities, except duplexes, shall be clearly marked as to stalls and traffic flow, and for handicapped and compact spaces.

5. Drainage systems for parking facilities shall be designed and approved in accordance with Ordinance No. 8827, as amended.

6. The public works department shall approve the location of all curb cuts. A driveway for a duplex shall not exceed 20 feet in width within a front yard or side yard on a flanking street. For other uses, no single curb cut shall be wider than 30 feet. For parking lots with less than 10 spaces, the curb cut shall be no wider than 12 feet. Parking lots with separate points of ingress and egress shall have no more than a 12-foot curb cut separated by a distance of at least 20 feet and shall comply with arterial street access, Chapter 13.52 BMC, Driveways Giving Access to Arterial Streets. [Ord. 2018-12-036 § 37; Ord. 2017-03-009 § 29; Ord. 2006-12-122; Ord. 2006-12-121; Ord. 2003-03-010; Ord. 2001-04-033 §§ 7, 10; Ord. 9582 §§ 9, 13, 16, 1986; Ord. 9024, 1982].

1. 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.

2. 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.

3. 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.

4. Existing trees which will be saved and which meet the minimum specification herein specified, shall count toward meeting the requirements herein, provided they are of an acceptable species as to their location.

5. The maintenance of all required landscaping shall be a continuing obligation.

1. Street Trees. One street tree shall be provided 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.

2. Garbage receptacle areas shall be screened on at least two sides. (Duplexes are exempt from this requirement.)

3. A minimum of 25 percent of the required open space shall be landscaped. Landscape-based LID BMPs shall count toward this requirement.

4. Parking.

5. One tree shall be required for every 25 feet of freeway frontage abutting the property and shall be installed along that frontage.

6. Outside storage areas shall be screened.

1. Trees.

2. General Planting.

b. 

i. Provisions should be taken to ensure each landscape bed has proper drainage.

ii. The excavation pocket should be dug 12 inches below the root ball and six inches larger in circumference around the root ball. The excavation pocket should be filled with an approved planting mix.

iii. Each excavation pocket should take provision to ensure proper drainage. If the subsoil is impervious, an additional foot of excavation backfilled with gravel to lower the water table should be required or an auger hole sunk down to porous material and the hole sack filled with gravel to the bottom of the planting pocket.

iv. All trees over eight feet high should be securely staked or guyed until the roots become established but in no case less than one year. Street trees should be staked according to the staking guidelines of the street tree plan.

1. Shoreline.

2. Flood.

3. View.

4. Clearing.

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 decision shall be specifically set out in findings of fact.

1. A duplex or multifamily dwelling unit shall be permitted one sign for every abutting street, which may be indirectly or internally lighted, not to exceed 16 square feet. Message shall be limited to name of complex and address only.

2. A home occupation shall be permitted one sign not more than two square feet in area, flush to the building. Message shall be limited to name/address/phone number of occupant/business only.

3. Any nonresidential use (conditional or mixed use) shall be permitted one sign, which may be indirectly or internally lighted, not to exceed 32 square feet per sign face. Message shall be limited to name and address of the use.

4. One temporary building sign, unlighted, not to exceed 16 square feet shall be permitted.

5. One real estate sign, unlighted, not to exceed 16 square feet shall be permitted per street frontage.

6. Two open house directional signs, 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 be located in the vision triangle, obstruct vision at intersections, interfere with traffic of any kind, or create a traffic hazard.

7. 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 § 53; Ord. 9582 § 8, 1986; Ord. 9024, 1982].

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 conditional use approval is required.

3. Exempt home occupations and babysitting shall be considered an accessory use.

1. The regulations of BMC 20.32.040 shall apply to all accessory buildings except that accessory buildings may be located in a rear yard and in the rear 22 feet of an interior side yard.

2. Accessory buildings shall not be constructed prior to the commencement of the construction of the main building. [Ord. 2018-05-009 § 17; Ord. 9024, 1982].

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.