Bellingham City Zoning Code
20.33 Commercial
Development
20.33.010 Applicability.
A. Regulations specified in this chapter shall apply to the use of land within areas that have been designated by the applicable neighborhood plan to have a commercial designation and are not within an urban village. Additional regulations which may apply are referenced within the text for the convenience of the user.
B. The development of a single-family dwelling unit shall comply with standard development regulations within Chapter 20.30 BMC. [Ord. 2018-06-011 § 3 (Exh. A)].
20.33.020 Purpose and intent.
A. Generally, the commercial use type is intended to accommodate various levels of business and service facilities; such levels will fluctuate depending on the area’s location, function and proximity to population and transportation facilities.
B. The city seeks to approve those commercial uses which are compatible with city goals, policies, standards, and comprehensive plan.
C. New development may be changed, altered or conditioned as reasonably necessary to ensure compatibility with city goals, policies, standards, the surrounding areas or to mitigate direct impacts of the proposal.
D. Planned, Use Qualifier. The planned commercial designation (PC) is intended to accommodate retail and personal service establishments of a citywide nature or regional nature and to provide flexible design standards which will ensure compatibility between the site and the development, as well as between the development and the surrounding area.
E. Neighborhood, Use Qualifier. The commercial neighborhood designation (NC) is intended to accommodate retail and personal service establishments which will primarily serve the immediate neighborhood populace.
F. Waterfront, Use Qualifier. The commercial waterfront (WC) designation is created with the intent of revitalizing our historic waterfront areas with a people-oriented marine use atmosphere. The intent of the waterfront commercial designator is to reserve property abutting and/or in close proximity to the shoreline for commercial, light industrial, and recreational activities which depend upon or traditionally relate to the waterfront, or to those uses which will lend or help support a marine type atmosphere. [Ord. 2023-11-032 § 14; Ord. 2018-06-011 § 3 (Exh. A)].
20.33.030 Range of uses possible.
A. In Table 20.33.030, land use classifications are listed on the horizontal axis. Use qualifiers for commercial land use areas are shown on the vertical axis.
1. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.
2. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC and to general requirements for the use and the use area.
3. If a number appears in the box at the intersection of the column and the row, the use is permitted in the use area subject to the special limitation indicated in the corresponding note.
4. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).
5. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the director shall have the authority to make the final determination as specified in BMC 20.24.020.
Table 20.33.030
P = Permitted C = Conditional N = Not Permitted | Planned Commercial | Neighborhood Commercial | Waterfront (1) |
|---|---|---|---|
Residential | |||
Certain interim housing, per Chapter 20.15A BMC | P/C | P/C | P/C |
Commercial lodging, including hotels, motels, hostels, and short-term rentals, per BMC 20.10.037 | P | P | P |
Confidential shelters per BMC 20.10.047 | P | P | P |
Residential uses in conjunction with commercial uses on the same property (2) | P | P | P |
Residential uses not in conjunction with commercial uses on the same property (3) | N | N | N |
Commercial | |||
Adult Entertainment | N | N | N |
Commercial Recreational Facilities of All Kinds | P | C | P |
Day Care | P | P | P |
Drive Up Facilities Accessory to Permitted Uses | P | P | P |
Eating Establishments | P | P | P |
Drinking Establishments | P | C | P |
Personal Service Facilities of All Kinds | P | P | P |
Professional Service Facilities of All Kinds | P | P | P |
Offices | P | P | P |
Retail Facilities of All Kinds (Not including heavy equipment, farm supply, or motor vehicles) | P | P | P |
Retail Facilities including heavy equipment, farm supply, or motor vehicles | C | N | P |
Health Care | |||
Medical Care Facility | P | C | P |
Service Care | P | C | P |
Veterinary Service, Animal Hospital, and Small Animal Care Shop (4) | P | P | P |
Public and Semi-Public Assembly | |||
Aquarium, Art Gallery, Interpretive Center, Library, and Museum | P | P | P |
Churches and Houses of Worship | P | C | P |
Neighborhood Club/Activity Center | P | C | P |
Park, Trail and Playground | P | P | P |
Private Club and Lodge | P | C | P |
School, Art School, Institutions of Higher Education | P | C | P |
Theater | P | P | P |
Industrial | |||
Recycling and Refuse Collection and Processing Center, subject to additional standards per BMC 20.16.020(L)(2) | P | C | C |
Service Station/Gas Station Including Automobile Services for the Washing, Lubrication, and Minor Repair of Automotive Vehicles (5) | P | P | P |
Warehousing, Wholesaling and Storage Facilities of all Kinds (6) | P | P | P |
Miscellaneous Uses | |||
Adaptive Use for Historic Register Buildings, per BMC 17.90.080 and 20.16.020(A)(1) | C | C | C |
Billboards, subject to the provisions of this chapter, and only within the billboard overlay zones delineated by BMC 20.08.020. See BMC 20.08.020, Figure 15, Maps 1 and 2. | C | N | N |
Certain Temporary Homeless Shelters, per Chapter 20.15 BMC. | P | P | P |
Community Public Facilities subject to the consideration of the factors in BMC 20.16.020(K)(4)(c) unless the facility qualifies as a permitted use | C | C | C |
Marine-Related and Water-Dependent Uses (1) | – | – | P |
Parking Facilities (Retail and Nonretail) | P | N | P |
Public Utilities (7) | C | C | C |
Recreational Vehicle Park | N | N | N |
Temporary/Seasonal Uses pursuant to BMC 20.10.040 | P | P | P |
Wireless Communication Facilities, per Chapter 20.13 BMC | C | C | C |
Notes:
(1)Uses in the waterfront general use qualifier are restricted by the shoreline master program based on their location. See BMC Title 22.
(2)The intent of this use is to allow residential uses within commercial zones through live/work spaces and mixed-use buildings and developments while conserving the community’s supply of commercial land for commercial uses. The mix of residential and commercial uses required for approval shall be scalable and project-dependent.
a.For the purposes of mixed residential and commercial developments:
i.Any permitted commercial use is an approved ground floor commercial use with the exception of hotel/motel guest rooms, dwelling units, storage units, and parking facilities.
ii.Design standards for mixed commercial and residential developments are located in BMC 20.25.090(B)(1)(c).
(3)Only residential uses and structures not in conjunction with commercial uses on the same property existing as of July 3, 2018, are permitted.
(4)Animal Hospital.
a.The building must be maintained in accordance with current standards of the American Animal Hospital Association.
b.The facility shall be designed and constructed to reduce sound levels to those standards as established by the Washington State Department of Ecology.
c.Ventilation shall be designed and constructed to ensure that there will be no emission of odor detrimental to persons in the area. No opening to the outside shall be permitted in areas where animals will be housed.
d.All business shall be conducted within a completely enclosed structure.
e.Boarding of animals, other than that incidental to medical and surgical care, shall be prohibited.
f.Off-street parking shall be provided pursuant to BMC 20.12.010. All parking areas shall be screened from view from abutting residential districts.
(5)Automotive Repair.
a.Inoperable motor vehicles shall not be stored on the premises longer than 30 days unless parked within an enclosed structure.
b.Automobile wrecking is prohibited.
(6)Wholesale, warehousing, storage and manufacturing operations are prohibited unless accessory to retail sales or expressly permitted.
(7)Public utilities when within a public right-of-way shall be permitted.
[Ord. 2023-11-032 § 15; Ord. 2020-02-002 § 6; Ord. 2019-09-029 § 5; Ord. 2019-09-028 § 6; Ord. 2018-11-024 § 9; Ord. 2018-10-019 § 6; Ord. 2018-06-011 § 3 (Exh. A)].
20.33.040 Development standards.
A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory commercial use within any area in the commercial or commercial planned zones.
B. In Table 20.33.040, land use classifications are listed on the horizontal axis and development standards are listed on the vertical axis.
1. If a number appears in the box at the intersection of the column and the row, the development standards in the use area are subject to the limitation indicated in the corresponding note.
Table 20.33.040 Development Standards(1)
Development Standards | Area | ||
|---|---|---|---|
Planned Commercial | Neighborhood Commercial | Waterfront | |
Minimum Lot Size | None | None | None |
Maximum Density | Retail buildings shall comply with floor area restrictions contained in the applicable neighborhood zoning table under “Density.” (2) | Retail buildings shall comply with floor area restrictions contained within the applicable neighborhood zoning table under “Density.” (2) Apartments shall not exceed one unit for every 500 square feet of total site area. Offices shall be limited to 2,000 square feet of total gross floor area unless otherwise stated in the neighborhood plan. | Retail buildings shall comply with floor area restrictions contained within the applicable neighborhood zoning table under “Density.” (2) |
Minimum Yards/Setbacks from Property Lines | None (3) | None (3) | None (3) |
Maximum Height | Three stories, not exceeding 40' under BMC 20.08.020, Height Definition No. 1, when within 100 feet of a residential single zone boundary line. (4) | Three stories, not exceeding 40' under BMC 20.08.020 Height Definition No. 1 | Three stories, not exceeding 40' under BMC 20.08.020 Height Definition No. 1 |
Usable Space(5) | 100 square feet per residential unit | 100 square feet per residential unit | N/A |
Parking | All parking and loading requirements for similar uses contained within Chapter 20.12 BMC | ||
Landscaping | All landscaping requirements for similar uses contained within Chapter 20.12 BMC | ||
Design Review | All design review requirements for commercial uses contained within Chapter 20.25 BMC | ||
Notes:
1A proposal may be changed, altered, or conditioned as reasonably necessary to ensure compatibility with city goals, policies, standards, the surrounding areas or to mitigate direct impacts of the proposal.
2Where no maximum building size exists, an individual retail establishment, including but not limited to membership warehouse clubs, discount stores, specialized product stores and department stores, shall not exceed 90,000 square feet of gross floor area unless the proposal meets conditions outlined in BMC 20.10.025, Retail establishments – Maximum size.
3There shall be no minimum yards except in the following instances:
aWithin the vision clearance triangle in neighborhood commercial areas. (See BMC 20.12.060, Vision clearance triangle.)
bWhen land within a commercial general use area shares a property line with land within an area having a residential single-use type designation, a minimum 20-foot yard shall be provided from the shared property line.
cThe minimum yard required in this section may be reduced, provided adequate screening (e.g., walls, fences, hedges) is established to minimize impacts on residential single designated property.
4Except for the height limitation above, there shall be no expressed general height standard. Final height standards shall be determined by the planning director.
5Required usable space shall be designed to comply with the provisions of BMC 20.32.040(D)(4) and may be eligible to use the bonus provisions. Required usable space may be reduced or waived when the site is located within one-quarter mile of an improved public park and has direct access to the public park via a continuous network of public sidewalks, bike lanes or constructed public trails.
[Ord. 2024-02-002 § 9; Ord. 2023-11-032 § 16; Ord. 2018-06-011 § 3 (Exh. A)].
20.33.050 Additional code requirements.
A. General Standards. Common additional code requirements are listed below. Compliance is not limited to those code sections listed herein.
1. Parking. Off-street parking requirements including required stall numbers and design shall follow the applicable provisions of BMC 20.12.010.
2. Loading. Buildings intended to be used for retail, wholesale, warehouse, freight, hospital, industrial, and manufacturing uses shall be provided with off-street loading berths pursuant to BMC 20.12.020.
3. Landscaping. All new construction and remodeling of same when the cost of remodeling exceeds 50 percent of the assessed valuation of the structure to the extent that there is space available for landscaping shall follow the applicable landscaping requirements provided in BMC 20.12.030.
4. Signs. No sign shall be permitted unless it complies with applicable requirements of BMC 20.12.040.
5. Fences. Fences, walls and hedges shall comply with applicable sections of BMC 20.12.050.
6. Vision Clearance Triangle. All corner lots within commercial areas abutting an intersection which does not have a stop/go light shall provide and maintain a clear vision triangle for the purpose of traffic safety according to applicable sections of BMC 20.12.060.
7. Design Review. Commercial design review shall be applied citywide as part of the building permit process for all new commercial development. Process and standards for design review can be found in Chapter 20.25 BMC.
B. Project and Site Specific Standards. Depending on district and site constraints, commercial developments may need to comply with additional code requirements. Compliance is not limited to those code sections listed herein.
1. Streets, Utilities, Access and Dedications. No building permit for new construction or for the maintenance or renovation of 50 percent or more of an existing structure should be issued until demonstrated compliant with the following standards:
a. 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.
b. Dedicated width of rights-of-way shall comply with minimum city requirements.
c. Streets should be improved to the standard required by Title 13 BMC 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.
Unless waived for reasons of infeasibility or impracticality by the technical review committee and the planned contract, the following shall be required:
d. Pedestrian Circulation.
i. A sidewalk shall be constructed within all abutting city street rights-of-way. A local improvement district (LID) commitment may be required in lieu of construction if the city determines immediate construction is not warranted.
ii. Walkways shall be required linking building entrances to parking areas, sidewalks and other building entrances in the complex and, where appropriate, to open space/recreation areas. If no sidewalk is constructed or exists, the connecting walkway shall extend to the proposed location of a sidewalk or to the edge of the pavement located in the right-of-way.
2. Environmental. All commercial development taking place subject to the State Environmental Policy Act (SEPA) or within critical areas, including but not limited to wetlands, steep slopes, erosion hazard areas, and any associated buffers, shall comply with the applicable requirements listed in BMC Title 16.
3. Shorelines. All commercial development taking place within the jurisdiction of the shoreline master program shall comply with all applicable requirements listed in BMC Title 22.
4. Special Conditions, Prerequisite Considerations and Special Regulations. Those development proposals requiring discretionary permits may be conditioned by the responsible official or decision-making body to address those special conditions, prerequisite consideration and special regulations identified in the zoning tables. Any condition shall be formulated to correspond to the degree of impact that the specific development proposal is anticipated to have.
5. Special Conditions, Prerequisite Considerations and Special Regulations. Where the responsible official or decision-making body decided 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. [Ord. 2024-02-002 § 10; Ord. 2018-06-011 § 3 (Exh. A)].