Bellingham City Zoning Code

20.35 Subarea

Plans, Overlay Districts and Development Agreements

20.35.010 Applicability and purpose.

Regulations specified within this chapter shall apply to subareas, overlay districts and other zoning districts or areas established by the city to implement the requirements of the Growth Management Act and the Bellingham comprehensive plan. Should the provisions of this chapter conflict with any other provision of the BMC, except the critical areas ordinance, the shoreline master program, and the stormwater regulations, the provisions of this chapter shall apply. [Ord. 2008-03-022].

20.35.055 Old town overlay district – Applicability.

A. Regulations specified within this article shall apply to the use of land within the old town overlay district.

B. The old town overlay district designation shall be considered a “commercial” general use type (zoning) designation.

C. Should the provisions of this article conflict with any other provision of the BMC, except critical areas ordinance, shoreline master program and stormwater regulations, the provisions of this article shall apply. [Ord. 2022-11-025 § 4; Ord. 2008-03-022].

20.35.060 Old town overlay district – Establishment of boundaries.

The boundaries of the old town overlay district are hereby delineated as follows and shown in Figure 20.35.060. Boundaries within street rights-of-way are delineated along platted centerlines unless specified otherwise.

Beginning at the intersection of G and Bancroft Streets and proceeding SE down Bancroft Street to D Street, then NE along D Street to Clinton Street, then SE along Clinton Street to mid-block between C and D Street, then NE along mid-block between C and D Street to Dupont Street, then SE along Dupont Street to Prospect Street, then south along Prospect Street to Bay Street, then SW along Bay Street to Chestnut Street, then NW along Chestnut Street to the intersection of Central and Roeder Avenue, then continuing NW along the NE side of Roeder Avenue to G Street, then NE along G Street to the point of beginning.

Figure 20.35.060 Old Town Overlay District

[Ord. 2008-03-022].

20.35.065 Old town overlay district – Permitted uses.

A. The following uses are permitted:

1. Retail establishments.

2. Motorcycle and scooter sales.

3. Offices and other commercial services.

4. Banks and other financial institutions.

5. Residential uses.

6. Personal and business services.

7. Commercial recreation.

8. Eating and/or drinking facilities.

9. Repair shops for small equipment and items.

10. Handicraft manufacturing (jewelry, pottery, glass, furniture, etc.).

11. Theaters, art galleries and art studios.

12. Public buildings and uses.

13. Passenger terminal facilities.

14. Private clubs and lodges.

15. Schools, art schools and institutions of higher education.

16. Hotels, motels and resident inns.

17. Day care.

18. Service care, day treatment and child placing agencies.

19. Medical care centers.

20. Neighborhood clubs and activity centers.

21. Public parks.

22. Parking facilities.

23. Community public facilities.

24. Short-term rentals, per BMC 20.10.037.

25. Certain temporary homeless shelters, per Chapter 20.15 BMC.

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

27. Uses similar to the above.

B. Uses Permitted With Conditions. The following uses are allowed provided they are established and operated in accordance to the applicable conditions:

1. Boat sales; limited to properties southwest of Holly Street, unless allowed as an interim use for a period of time specified in a development agreement with the city.

2. Boat repair and storage; complete minor boat and engine repair is permitted; however, hull work is prohibited. Boats must be operational or being actively repaired. Limited to properties southwest of Holly Street, unless allowed as an interim use for a period of time specified in a development agreement with the city.

3. Automobile sales; when business activities are conducted entirely within an enclosed showroom.

4. Live/work; including professional, artist, technical and trades; provided, that noise, smell and other impacts are internalized within an enclosed structure.

5. Small product manufacturing; provided, that noise, smell and other impacts are internalized within an enclosed structure. This category includes manufacture and assembly of light and small items made from previously prepared materials such as office machines, small motors, cabinets, electronic equipment, electrical devices, and signs.

6. Mini storage facilities; when the floor area is less than 50 percent of the floor area of other permitted use(s) on site.

7. Freight terminals and warehousing; when associated with rail transportation (limited to properties abutting Roeder Avenue, and shall not be expanded to properties abutting Holly Street).

8. Manufacture of food and beverage; provided, that noise, smell and other impacts are internalized within an enclosed structure.

9. Outdoor storage of product when:

a. Accessory to a permitted use on site and does not exceed 50 percent of the area of the permitted use on a square foot basis;

b. Located on properties southwest of Astor Street and between D Street and Whatcom Creek; and

c. Located to the rear of buildings and screened by landscaping or an architectural wall (not blank wall) at least six feet in height when installed. If appropriate, some viewing of activity may be allowed through gaps in screening.

10. Warehousing and wholesaling of products; when in conjunction with retail sales of the same product on site.

11. Public utilities; exclusive of storage yards.

12. Wireless communications facilities; subject to the provisions of Chapter 20.13 BMC.

13. Care shops for small animals (house pets such as dogs, cats, etc.); keeping of three or fewer animals overnight is permitted as an accessory use if animals are kept in an enclosed structure, and noise, smell and other impacts are internalized within an enclosed structure.

C. Uses Permitted by Conditional Use Permit. 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. Church.

2. Service stations; for automobiles.

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

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

1. Retail establishments selling the following products:

a. Recreational vehicles.

b. Heavy farm and construction equipment.

c. Feed, grain, and farm supplies.

d. House trailers and mobile homes.

2. Drive-up window facilities such as bank tellers, food and beverage services, laundry pick up, etc.

3. Adult entertainment.

4. Jails and correctional facilities.

5. Automobile wrecking.

6. Car washes.

7. Day labor hiring halls. [Ord. 2023-07-020 § 1; Ord. 2020-02-002 § 7; Ord. 2018-11-024 § 10; Ord. 2018-10-019 § 7; Ord. 2008-03-022].

20.35.070 Old town urban village – Development regulations.

A. Minimum Site Area. None.

B. Maximum Density. None.

C. Building Height. The maximum building height within the old town overlay district shall be 75 feet (BMC 20.08.020, height definition No. 1), except as provided in subsection (F) of this section and as follows:

1. To encourage a response to topography on sloping property, a building may be divided into modules and stepped with height measured on a per module basis.

2. Height may be increased to 130 feet (BMC 20.08.020, height definition No. 1) on those properties identified on Figure 20.35.070(A), except as provided in subsection (F) of this section and shown on Figure 20.35.070(C).

3. Height is limited adjacent to historic buildings as shown on Figure 20.35.070(B).

4. Height is limited within views to cultural and geographic features of significance as shown on Figures 20.35.070(C) and (D). Height limits within view corridors are measured to the highest point of a building or structure. Encroachment above the height limit into view corridors by rooftop objects such as mechanical equipment, elevator and stair shafts, smokestacks and ventilators is prohibited. Any exceptions are limited to those outlined in subsection (F)(1) of this section.

Figure 20.35.070(A) Height Opportunity Areas

Figure 20.35.070(B) Height Limits Adjacent to Historic Features

Figure 20.35.070(C) Height Limits within View Corridors to Cultural and Geographic Features

Figure 20.35.070(D) Height Limits within View Corridors to Cultural and Geographic Features

1. Purpose. The maximum floor area ratio (FAR) standards are intended to accomplish several purposes of the old town subarea plan. Combined with the established height limits herein, the FAR allows for greater modulation in individual buildings and the greater urban fabric. They also provide architects greater flexibility in how to mass buildings on sites and relate projects to unique on- and off-site features.

2. Floor Area Ratio (FAR) Standard. The maximum FAR for all sites in the old town overlay district is 3.5, or 5.0 with use of floor area transfers and bonuses as outlined in subsections (D)(3) and (4) of this section.

3. Transfer of Floor Area. Transfer of FAR among properties that are part of a single development plan is allowed when approved by the planning director, provided:

a. The designs for the sending and receiving properties are reviewed at the same time, unless an acceptable alternative process is commemorated in a development agreement with the city.

b. The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

4. Floor Area Bonus Options. Floor area bonus options are offered as incentives to encourage facilities and amenities that implement the old town subarea plan.

a. Projects may use more than one bonus option unless specifically stated otherwise; bonus floor area amounts are additive.

b. The maximum floor area ratio increase that may be earned through the bonus options is 1.5 for a maximum FAR on site of 5.0.

i. Public Plazas and Open Spaces. Floor area may be transferred to and from any property within the old town overlay district when approved by the planning director, provided:

(A) The transferred floor area will result in dedication of a public plaza or open space as identified in the old town subarea plan;

(B) For each square foot of base FAR allowed by the zoning code from an eligible site, one and one-half square foot of bonus floor area is earned on the receiving site(s) up to a maximum of 1.5 FAR per receiving site; and

(C) The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

ii. Affordable Housing. Housing for low and middle income residents receives bonus floor area when approved by the planning director. For each square foot of floor area certified by the director as affordable housing, four square feet of bonus floor area is earned up to a maximum of 1.5 FAR. When commemorated in a development agreement with the city, an alternative floor area bonus option may be granted when a parcel is sold to or committed to a developer that agrees to construct and lease or sell 100 percent of the housing units to low or middle income households. The project must have controls in place, subject to approval by the director to ensure that the project’s residences remain permanently affordable in accordance with subsections (D)(4)(c)(ii)(A) and (B) of this section. Purchasers of affordable homes constructed under this chapter shall meet the following requirements:

(A) Annual Income. All purchasers or tenants shall be from a household whose annual income, at the household’s initial occupancy of the single-family residence, is 80 percent or less of the median income (determined by Housing and Urban Development) as adjusted by family size of the Bellingham Standard Metropolitan Statistical Area (SMSA), specifically defined as Whatcom County; and

(B) Housing Expenses. The monthly expenditure by a purchaser, as described in subsection (D)(4)(c)(ii)(A) of this section, for housing including rent or mortgage repayment, insurance, taxes and utilities (water and sewer) shall not exceed 38 percent of the gross household income at the time of purchase and the amount for rent or mortgage repayment shall not exceed 30 percent of gross household income. All other variable living expenses associated with the resident’s occupancy shall not be a factor in the calculation of affordability.

iii. Leadership Through Energy and Environmental Design^TM (LEED) Certification (or Equivalent). Buildings that incorporate sustainable design receive a maximum 0.5 FAR bonus. To qualify for this bonus, the proposed project shall be certified by the planning director as a minimum LEED silver certification (or equivalent).

iv. Lake Whatcom watershed property acquisition program (LWWPAP) bonus option. Contributors to the LWWPAP receive floor area bonuses when approved by the planning director, provided:

(A) Bonus floor area earned is paid for on a per square foot basis according to a fee schedule established by city council resolution;

(B) Floor area paid for and floor area earned is at a 1:1 ratio, such that for each square foot paid for, one square foot of floor area is earned on the receiving site up to a maximum 0.5 FAR bonus;

(C) The applicant must submit with the application for land use review a letter from the Bellingham finance department documenting the amount which will be contributed to the LWWPAP.

v. Public Benefit. The planning director may administratively approve up to a maximum 1.5 bonus FAR for developer generated proposals that would provide a public need, service, or amenity that is determined by the director to be essential for the betterment of the city and neighborhood. The developer must demonstrate, to the satisfaction of the director, how the proposal will be adequate and proportionate to the requested increase in FAR, and consistent with the Bellingham comprehensive plan and old town subarea plan.

E. Yards. There shall be no minimum yards.

F. Design Standards. Design review applies as outlined in Chapter 20.25 BMC. The following design standards are intended to carry out the goals and policies of the old town subarea plan, and shall be used in addition to the urban village design guidelines, standards, decision criteria, and departure provisions in BMC 20.25.020(C)(3). Should the provisions of this section conflict with any other provision in BMC 20.25.020(C)(3), the provisions of this section shall apply.

a. Intent. Along Holly Street, Bay Street, Prospect Street and Commercial Street, street front uses should be compatible with intensive commercial activity and provide opportunities for visual or interactive links between businesses and pedestrians.

b. Standards. Along Holly Street, Bay Street, Prospect Street and Commercial Street, ground floor commercial space (including retail, services, or similar nonresidential uses) shall be provided along the building front for a depth of at least 20 feet measured from the front face of the building. Hotel and residential lobbies and parking garage entries are exempt from this provision. Hotel/motel guest rooms, dwelling units and structured parking shall not occupy street level building frontage where ground floor commercial space is required.

a. Intent. Maintain identified view corridors of significance.

b. Standard. In order to maintain view corridors, above grade building encroachment into the street right-of-way and identified view corridors is prohibited except for eaves, cornices, awnings on the first floor, decks and balconies with see-through railings, and similar features.

a. Intent. Buildings adjacent to public and open spaces such as public parks, plazas, trails and Whatcom Creek shall be oriented to promote activity and interaction along such spaces, and provide visual interest to buildings along the spaces so as to avoid the back-of-building effect.

b. Standards. Locate some ground level features such as entries, windows, decks, patios or similar features on buildings that interface with open spaces and public places.

1. New construction projects shall be required to improve abutting streets to three-fourths standard for the full length of the block face. Developer reimbursement for nonadjacent improvements may be applicable under BMC Title 14.

2. Street standards shall be generally consistent with the old town subarea plan streetscape designs. Minor modifications may be approved by the planning director. [Ord. 2023-07-020 § 2; Ord. 2023-01-001 § 4 (Att. 3); Ord. 2008-03-022].

20.35.075 Old town overlay district – Parking.

1. Uses in the old town overlay district are exempt from minimum on-site parking requirements.

When parking is provided on site, all parking standards in Chapter 20.12 BMC concerning applicability, general provisions, design provisions and improvement standards shall apply.

1. Number of Spaces Required. Bicycle parking is required for certain use categories to encourage the use of bicycles by providing safe and convenient places to park bicycles. These regulations ensure adequate short- and long-term bicycle parking based on the demand generated by the different use categories and on the level of security necessary to encourage the use of bicycles for short and long stays.

a. The required minimum number of bicycle parking spaces for each use category is shown in Table 20.35.075. No bicycle parking is required for uses not listed.

b. The required minimum number of bicycle parking spaces is based on the primary uses on a site. When there are two or more separate primary uses that operate at the same time on a site, the required bicycle parking for the site is the sum of the required parking for the individual primary uses.

a. No long-term bicycle parking is required on a site where there are less than 2,500 square feet of gross building area.

b. No bicycle parking is required for unattended surface parking lots.

i. Purpose. Short-term bicycle parking encourages shoppers, customers, messengers, and other visitors to use bicycles by providing a convenient and readily accessible place to park bicycles. Short-term bicycle parking should serve the main entrance of a building and should be visible to pedestrians and bicyclists.

(A) Required short-term bicycle parking shall be located:

(1) Outside a building;

(2) On the site;

(3) At the same grade as the sidewalk or at a location that can be reached by an accessible route; and

(4) Within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route. For sites that have more than one primary building, the bicycle parking shall be within 50 feet of a main entrance as measured along the most direct pedestrian access route, and shall be distributed to serve all primary buildings.

(B) Short-term bike parking may be located within the public right-of-way provided the location and design are subject to public works department approval.

Specific Use	Long-Term Spaces	Short-Term Spaces
1. Multifamily housing	2, or 0.5 per bedroom and studio unit.	2, or 0.05 per bedroom and studio unit.
2. Commercial: Retail sales and service, including eating and drinking establishments	2, or 1 per 12,000 sq. ft. of gross floor area.	2, or 1 per 5,000 sq. ft. of gross floor area.
3. Commercial: Office	2, or 1 per 10,000 sq. ft. of gross floor area.	2, or 1 per 20,000 sq. ft. of gross floor area.
4. Commercial: Off-street parking lots and garages available to the general public without charge or on a fee basis	2, or 1 per 20 automobile spaces.	6, or 1 for each 20 automobile spaces.
Note: Wherever this table indicates two numerical standards, such as “2, or 1 per 5,000 sq. ft. of gross floor area,” the larger number applies. Fractions of 0.5 or greater are rounded up to the next whole number.

i. Purpose. Long-term bicycle parking provides employees, residents, commuters and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles. Although long-term parking does not have to be provided on site, the intent of these standards is to allow bicycle parking to be within a reasonable distance in order to encourage bicycle use.

ii. Standards. Required long-term bicycle parking shall be:

(A) Provided in racks or lockers that meet the standards of subsection (B)(3)(c) of this section;

(B) Located on the site or in an area where the closest point is within 300 feet of the site;

(C) Covered. At least 50 percent of required long-term bicycle parking shall be covered and meet the standards of subsection (B)(3)(c)(v) of this section (Covered Bicycle Parking); and

(D) Secured. To provide security, long-term bicycle parking shall be in at least one of the following locations:

(1) In a locked room;

(2) In an area that is enclosed by a fence with a locked gate. The fence shall either be eight feet high or be floor-to-ceiling;

(3) Within view of an attendant or security guard;

(4) In an area that is monitored by a security camera; or

(5) In an area that is visible from employee work areas.

i. Purpose. These standards ensure that required bicycle parking is designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage.

ii. Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers shall be securely anchored.

iii. Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided in racks, the racks shall meet the following standards:

(A) The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle;

(B) A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components; and

(A) Each required bicycle parking space shall be accessible without moving another bicycle;

(B) There shall be an aisle at least five feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and

v. Covered Bicycle Parking. Covered bicycle parking, as required by this section, can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. Where required covered bicycle parking is not within a building or locker, the cover shall be:

(A) Permanent;

(B) Designed to protect the bicycle from rainfall; and

vi. Signs. If required bicycle parking is not visible from the street or main building entrance, a sign shall be posted at the main building entrance indicating the location of the parking. [Ord. 2023-07-020 § 3; Ord. 2017-03-009 § 33; Ord. 2008-03-022].

20.35.080 Old town overlay district – Landscaping.

Landscaping shall be established with design review. [Ord. 2008-03-022].

20.35.085 Old town overlay district – Signs.

A. General Provisions. No sign shall be permitted unless it complies with the provisions herein. Sign size and location standards may be modified by the planning director in order to minimize view impacts to identified view of significance.

B. Exemptions. The following signs shall be exempt from the provisions of this title:

1. Traffic signs installed by a government agency.

2. Directional, way finding program signs installed by a government agency if the signs are consistent with the provisions of the applicable neighborhood plan.

1. One monument sign per site is permitted whether it is for a single or mixed use. The monument sign shall not exceed 60 square feet per face or six feet in height measured from existing grade.

2. The total gross area of all permanent exterior signs for any one use shall not exceed one square foot of area to one lineal foot of street frontage, or 100 square feet whichever is more restrictive.

Exemption: Building identification signs (i.e., Roth Building, Pickett Building) or cornerstones are permitted as an integral and architecturally compatible part of the building or structure. Cornerstones shall not exceed four square feet and building identification signs shall not exceed 32 square feet. These exemptions shall not contain any colors, words, letters, numbers, symbols, graphic designs, logos or trademarks for the purpose of identifying a good, service, product or establishment.

3. Building-mounted signs extending over the street right-of-way shall comply with IBC Chapter 32. There shall be at least eight feet of vertical clearance between the bottom of the sign and the sidewalk and the sign shall not extend within two feet of the street curb.

a. Directional signs are limited to six square feet per sign face and to four feet in height if freestanding.

b. The message shall not contain the name of the establishment or advertising of any kind. Examples of directional signs include: “Enter,” “Service Entrance,” “No Parking,” etc.

c. There is no limit on the number of directional signs.

5. Temporary building signs: shall not exceed 32 square feet.

6. Real estate signs: limited to one sign per street frontage, shall be unlighted, and shall not exceed 32 square feet.

1. Animated, moving, blinking or electronic (LED or similar) message boards are permitted only in association with entertainment uses such as theaters, comedy clubs, musical venues and similar activities. The total gross area of the message board for any one use shall not exceed one square foot of area to one lineal foot of street frontage, or 100 square feet, whichever is more restrictive.

2. The planning director may approve a sign package that varies from the provisions of subsection (C) of this section when incorporated into the architecture of a building.

1. Off-premises signs.

2. Pole, roof and inflatable signs.

3. Parapet walls may not be erected for the sole purpose of extending sign heights and when they are not in character with the rest of the building or complex. [Ord. 2008-03-022].

20.35.100 Manufactured home park zoning overlay – Purpose and intent.

The purpose of this article is to implement comprehensive plan goals and policies encouraging manufactured home park preservation. The manufactured home park (MHP) overlay is intended to retain sufficient land for mobile and manufactured homes in certain existing mobile and manufactured home parks, while allowing a variety of other uses. [Ord. 2022-11-025 § 4].

20.35.110 Manufactured home park zoning overlay – Applicability.

A. The regulations specified within this article shall apply to the use of land within the MHP zoning overlay.

B. Should the provisions of this article conflict with any other provision of the BMC, except critical areas ordinance, shoreline master program and storm water regulations, the provisions of this article shall apply.

C. Expansion of a MHP zoning overlay boundary or incorporation of a new MHP into the overlay shall be considered through the rezone procedure in Chapters 20.19 and 20.20 BMC when amendments to the comprehensive plan and/or neighborhood plan are required.

D. If no further action is taken, the MHP zoning overlay will sunset 30 years from the effective date of the adopting ordinance on November 22, 2052. [Ord. 2022-11-025 § 4].

20.35.120 Manufactured home park zoning overlay – Establishment of boundaries.

A. The MHP zoning overlay is shown in Figure 20.35.120 with individual properties delineated in more detail in Figures 20.35.120(A) through 20.35.120(J).

Figure 20.35.120 Manufactured Home Park (MHP) Zoning Overlay

Figure 20.35.120(A) Manufactured Home Park (MHP) Zoning Overlay – Birchwood Neighborhood Map Detail

Figure 20.35.120(B) Manufactured Home Park (MHP) Zoning Overlay – Happy Valley Neighborhood Map Detail

Figure 20.35.120(C) Manufactured Home Park (MHP) Zoning Overlay – King Mountain Neighborhood Map Detail

Figure 20.35.120(D) Manufactured Home Park (MHP) Zoning Overlay – Meridian Neighborhood Map Detail

Figure 20.35.120(E) Manufactured Home Park (MHP) Zoning Overlay – Puget Neighborhood Map Detail

Figure 20.35.120(F) Manufactured Home Park (MHP) Zoning Overlay – Samish Neighborhood Map Detail

Figure 20.35.120(G) Manufactured Home Park (MHP) Zoning Overlay – Sehome Neighborhood Map Detail

Figure 20.35.120(H) Manufactured Home Park (MHP) Zoning Overlay – Silver Beach Neighborhood Map Detail

Figure 20.35.120(I) Manufactured Home Park (MHP) Zoning Overlay – South Neighborhood Map Detail #1

Figure 20.35.120(J) Manufactured Home Park (MHP) Zoning Overlay – South Neighborhood Map Detail #2

B. Boundaries of each MHP in the figures above are also shown in the corresponding neighborhood zoning maps that are found with the zoning tables listed below:

BMC 20.00.020, Birchwood neighborhood table of zoning regulations.

BMC 20.00.090, Happy Valley neighborhood table of zoning regulations.

BMC 20.00.095, King Mountain neighborhood table of zoning regulations.

BMC 20.00.110, Meridian neighborhood table of zoning regulations.

BMC 20.00.130, Puget neighborhood table of zoning regulations.

BMC 20.00.150, Samish neighborhood table of zoning regulations.

BMC 20.00.160, Sehome neighborhood table of zoning regulations.

BMC 20.00.170, Silver Beach neighborhood table of zoning regulations.

BMC 20.00.190, South neighborhood table of zoning regulations.

C. Boundaries within street rights-of-way are delineated along platted centerlines unless specified otherwise. [Ord. 2022-11-025 § 4].

20.35.130 Manufactured home park zoning overlay – Development regulations.

A. Replacement of a structure, construction of a new structure, and/or establishment of a new use within the MHP zoning overlay shall comply with the use and development regulations in this article and all other development regulations of the underlying zoning, including other discretionary approvals, wherein a MHP is located.

B. Density. With the exception of MHPs located within the Lake Whatcom Watershed, density limits do not apply to manufactured homes within the MHP overlay when residential development consists exclusively of manufactured homes.

C. Setbacks. BMC Title 17 governs internal setbacks.

D. Parking. One parking space shall be required per dwelling unit.

E. MHPs located within the MHP zoning overlay are subject to BMC 20.10.033. [Ord. 2022-11-025 § 4].

20.35.140 Manufactured home park zoning overlay – Permitted uses.

A. Uses are established in Table 20.35.140. Land use classifications are listed on the horizontal axis. Manufactured home park land uses within the MHP zoning overlay 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 may be permitted in the use area subject to the special limitations indicated in the corresponding “note” at the end of the table.

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.

5. Use Determination. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the planning and community development director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the MHP zoning overlay.

P = Permitted (#)= See note C = Conditional use N = Not allowed
USE	LAND USE CLASSIFICATION
USE	Residential Single	Residential Multi (Planned)	Samish Way Urban Village
Church	C	P	P
Mobile/manufactured home park (MHP)	P(1)	P(1)	P(1)
Public utilities located in a public right-of-way or easement	P	P	P
Schools	C	P	P
Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC	C	P	C

1Includes two or more mobile or manufactured homes and their accessory uses, including but not limited to a club house, gardens, recreational facilities and associated storage. Recreational vehicles and tiny houses with wheels, as defined in RCW 35.21.686, may be used as primary residences in MHPs per RCW 35.21.684.

[Ord. 2022-11-025 § 4].

20.35.145 Manufactured home park zoning overlay – Use exception.

A. A MHP owner may request a use exception or modification from the applicability of the MHP zoning overlay to their property as set forth within this section.

B. The property owner shall submit an application on forms prepared by the department of planning and community development, with documentation demonstrating that application of the MHP overlay meets the criteria in subsection (C) of this section. The application shall be reviewed using the Type III-A process under Chapter 21.10 BMC with a decision by the hearing examiner.

C. The hearing examiner may approve the property owner’s request for a use exception if the property owner demonstrates:

1. They do not have reasonable use of their property under the MHP overlay; or

2. The uses authorized by the MHP overlay are not economically viable at the property’s location.

D. Any approval of a use exception or modification from the applicability of the MHP overlay shall be conditioned on compliance with BMC 20.10.033. [Ord. 2022-11-025 § 4].