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Bellingham City Zoning Code

20.10 General

Provisions

20.10.010 Location and marking of property corners for building permits.

A. The location and marking of property corners by a land surveyor licensed by the state of Washington is required prior to the pouring of any foundation or footings for any new main building.

B. The construction of any new main building is exempt from this requirement, provided the proposed foundation is five feet or more from any required setback line, or from any property line when no setback is required. [Ord. 9024, 1982].

20.10.025 Retail establishments – Maximum size.

A. 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. This restriction shall apply in all zones, including all general use types and use qualifiers. If this section conflicts with any other provisions of this title, this section shall prevail.

In the Cordata Neighborhood Zoning Map Area 15 and Meridian Neighborhood Zoning Map Areas 3, 5, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 25, 26, 27, 31, 32, and 33, as shown in Exhibit A attached to the ordinance codified in this section, the size limit may be exceeded if the proposal meets all of the following conditions:

1. The facility is not a superstore. “Superstore” means a retail establishment that exceeds 90,000 square feet of gross floor area, sells a wide range of consumer products primarily for household or personal use and devotes more than 10 percent of the total sales floor area to the sale of nontaxable merchandise. “Nontaxable merchandise” means products, commodities, or items the sale of which is not subject to Washington State sales tax. “Sales floor area” means only interior building space devoted to the sale of merchandise, and does not include restrooms, office space, storage space, automobile service areas, or open-air garden sales space. This definition excludes membership warehouse clubs where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items such as food, clothing, tires, and appliances and many items are sold in large quantities or bulk; and

2. The proposal satisfies the following environmental mitigation measures:

a. Leadership in Energy and Environmental Design (LEEDTM) certification at the silver level (or equivalent green building system). Projects shall apply for the LEEDTM rating system the director determines is most suitable for the project type; and

b. The area of new or expanded impervious surfacing shall have a green factor score of at least 0.3.

B. For the purpose of subsection (A) of this section, gross floor area shall consist of the sum of the gross horizontal areas of all floors within the inside perimeter of the exterior walls of the structure or tenant space and roofed or partially walled outdoor areas reserved for the display, storage, or sale of merchandise, including accessory uses inside the primary retail establishment. Structured parking is excluded. The gross floor area of adjacent stores shall be aggregated in cases where the stores (1) are engaged in the selling of similar or related merchandise and operate under common ownership or management; (2) share check stands, a warehouse, or a distribution facility; or (3) otherwise operate as associated, integrated or cooperative business enterprises.

C. A building space occupied by an existing single retail establishment larger than 90,000 square feet may change occupancy to a different retail establishment of the same or smaller size except the space may not be converted to a superstore as defined in BMC 20.10.025(A)(1).

D. If this section conflicts with any other provisions of this title, this section shall prevail except it shall not affect the minor expansion rights of nonconforming stores under BMC 20.14.010(E). [Ord. 2013-02-007 § 1; Ord. 2010-12-074; Ord. 2010-04-023; Ord. 2007-02-011].

20.10.027 Restrictive covenants related to grocery stores.

A. Purpose. The purpose of this section is to promote public health and welfare by limiting the use of restrictive covenants that preclude the use of real property as a grocery store. Except in particular circumstances, restrictive covenants that limit or preclude the use of property as a grocery store are contrary to public policy, requiring regulation by the city of Bellingham under its police powers.

B. Definitions. For purposes of this section, the following definitions apply:

1. “Closure” of a store means the point at which a grocery store ceases the retail sale of groceries.

2. “Grocery store” means any retail establishment or portion thereof that sells a wide range of groceries intended primarily for home preparation and consumption, including fresh, packaged, canned, dry, prepared or frozen food or beverage products, and similar items. Grocery stores exclude drug stores, convenience stores, liquor stores, gasoline stations, or other retail establishments selling food products which are almost exclusively processed or prepared.

3. “Impose” means to execute, sign, record, or seek to enforce a legal instrument related to real property.

4. “Owner” includes any owner, past or present, of real property, and any agents of such owners, and incorporates the definition of “owner” set forth in BMC 1.04.010.

5. “Restrictive covenant” includes restrictive land covenants, use restrictions, negative easements and other similar legal clauses or provisions contained in deeds, recorded documents, contracts, agreements, leases, and other legal instruments that are executed by a private party and seek to limit the use of property for a particular purpose or seek to impose a cost on the use of property for a particular purpose.

6. “Retail center” means a multi-tenanted or multi-owner retail development with at least one shared common area and which is subject to common management or common control through one or more restrictive covenants or easements.

C. Prohibition Against Restrictive Covenants. Except as set forth in subsections (C)(1) and (C)(2) of this section, it shall be unlawful for any owner to impose a restrictive covenant on real property that prohibits or restricts the use of said property as a grocery store beyond the time period during which the owner has an ownership interest in the property.

1. The prohibition in this section shall not apply to an owner or operator of a grocery store that discontinues operations at a site for the purpose of relocating the grocery store if the following conditions are met:

a. The relocated store is similar in size or larger and similar in the scope of products sold when compared to the discontinued site;

b. The relocated store is located within one-half mile of the discontinued site;

c. Relocation and commencement of operations of the relocated store at the new site occurs within two years following closure; and

d. The restrictive covenant imposed on the prior site does not have a term in excess of three years from the date of closure.

2. The prohibition in this section shall not apply to a restrictive covenant that is used to limit competition or conflicting uses within the confines of a retail center; provided, however, that it shall be unlawful for any owner or operator who discontinues grocery store sales at a site for a period exceeding one year to seek to enforce a restrictive covenant regarding grocery sales within said retail center.

3. The director is authorized to adopt rules for the purpose of interpreting and applying the exceptions set forth in subsections (C)(1) and (C)(2) of this section, consistent with BMC 20.24.010 for interpretations generally; provided, that such rules shall be consistent with the purpose of this section.

4. The director shall have discretion to extend the distance limit in subsection (C)(1)(b) of this section to no more than one mile; the time requirement in subsection (C)(1)(c) of this section; the term limit in subsection (C)(1)(d) of this section; and the time period in subsection (C)(2) of this section upon written request of an owner or operator and such requesting party’s presentation of evidence establishing extenuating circumstances that demonstrate good cause for the extension. Factors to be considered in evaluating good cause shall be: (a) maintaining or increasing food access in the surrounding area, including the area around the discontinued site; (b) needs related to financing and construction for the new location; and (c) promoting private investment in the surrounding area. The director shall issue a written determination on the request.

D. Application. The provisions of this section do not apply to a restrictive covenant that becomes effective prior to the effective date of this section. The provisions of this section apply to restrictive covenants notwithstanding the provisions set forth in BMC 20.04.040(D) regarding agreements between private parties.

E. Director Determinations, Notice of Violation, and Appeal. Before the city initiates any of the enforcement actions set forth in subsection (F) of this section, the director shall make a determination that a violation has occurred and give the owner a written notice by personal service or by certified mail, return receipt requested, stating the existence of a violation, that enforcement action is contemplated, and that such person shall have a specified period of time in which to correct the violation.

Director determinations under the provisions of this section are Type I decisions under BMC 21.10.100 and appealable under BMC 21.10.250.

F. Enforcement.

1. Any restrictive covenant imposed in violation of this section is null and void and of no lawful force and effect.

2. To the extent allowed by law, enforcement of this section may be through a cause of action in a court of competent jurisdiction and may include declaratory relief, injunctive relief, or other appropriate legal or equitable remedy as appropriate to carry out the purpose and intent of this section.

3. Any owner who imposes a restrictive covenant on real property that is prohibited by this section shall be subject to denial, suspension, or revocation of a business registration under Chapter 6.05 BMC.

4. In addition to any other remedy provided by this section or allowed by law, any owner who imposes a restrictive covenant that is prohibited by this section shall have committed a civil infraction and shall be punished by a fine not to exceed $1,000. Each day that such restrictive covenant is of record or otherwise effective shall constitute a separate and distinct civil infraction.

G. Severability. If any section, sentence, clause, or phrase (i.e., provision) of this section or its application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision and the remainder of this section, or the application of such provisions to other persons or circumstances, shall not be affected. [Ord. 2019-12-041 § 1].

20.10.030 Use of manufactured homes, vehicles and trailers.

A. A “designated manufactured home” may be used as a single-family dwelling unit, provided it meets all of the following:

1. It is a “new manufactured home,” which means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2); and

2. It is set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; and

3. It complies with energy efficiency standards for manufactured homes as specified in BMC 17.10.020; and

4. It complies with all zoning, design and land use regulations applicable to single-family dwelling units at the subject location.

B. No manufactured home or designated manufactured home may be used as a residence unless it complies with the provisions of subsection (A) of this section or it is a designated manufactured home allowed by Chapter 20.38 BMC as part of a manufactured home park in a residential multi planned development or located in the MHP zoning overlay, per Article III in Chapter 20.35 BMC.

C. No recreational vehicle, automobile, other vehicle, or trailer, unless located in a safe parking area as defined by Chapter 20.15 BMC or an improved right-of-way, shall be used as a residence. However, recreational vehicles and tiny houses with wheels, as defined in RCW 35.21.686, may be used as primary residences in manufactured home parks per RCW 35.21.684. “Recreational vehicles” as defined in BMC 20.08.020 shall not be occupied for any commercial use, except when permitted as a watchman’s quarters at a construction site or other temporary structure pursuant to Section R107 of the International Residential Code.

D. Violation. Any person using a manufactured home, recreational vehicle, automobile, other vehicle, or trailer as a residence in violation of this section shall be subject to the penalties in Chapter 20.52 BMC. [Ord. 2022-11-025 § 2; Ord. 2021-12-053 § 2; Ord. 2005-06-048; Ord. 9641 § 1, 1987; Ord. 9253 § 3, 1983; Ord. 9024, 1982].

20.10.033 Mobile and manufactured home parks (MHP) – Notice of sale, opportunity to purchase, and relocation standards.

A. Notice of Sale.

1. The owner of a MHP shall not make a final unconditional acceptance of any offer for the sale or transfer of a MHP without first sending notice of sale by certified mail or personal delivery to the following entities, pursuant to RCW 59.20.300:

a. Each tenant of the manufactured/mobile home community;

b. The officers of any known “qualified tenant organization” and known “eligible organizations,” as defined in Chapter 20.08 BMC;

c. The office of mobile/manufactured home relocation assistance;

d. The local government within whose jurisdiction all or part of the manufactured/mobile home community exists;

e. The housing authority within whose jurisdiction all or part of the manufactured/mobile home community exists; and

f. The Washington State Housing Finance Commission.

2. A notice of sale must include:

a. A statement that the landlord intends to sell the manufactured/mobile home community;

b. The contact information of the landlord or landlord’s agent who is responsible for communicating with the qualified tenant organization or other eligible organizations regarding the sale of the property;

c. The price, terms, and conditions which the MHP owner has conditionally accepted or intends to accept for the sale of the MHP, along with a copy of any pending purchase and sales agreement signed by the parties; and

d. A statement of the deadline for a qualified tenant organization or other eligible organization to notify the MHP owner of its interest in purchasing the MHP and to submit a proposed purchase and sale agreement.

3. If a MHP owner enters into a purchase and sale agreement prior to providing the notification to tenants and other organizations identified in subsection (A)(1) of this section, then the purchase and sale agreement shall include an express reference to the notice requirements, including the owner’s obligation to negotiate in good faith with the tenants if they notify the owner in writing of their interest in purchasing the MHP. Also, any purchase and sale agreement should include a closing date no earlier than six months from the date of execution to provide the required notice to the tenants and afford them a meaningful opportunity to negotiate a purchase of the park.

B. Opportunity to Purchase. If a qualified tenant organization or other eligible organization, after receiving the notice of sale, wishes to purchase the MHP, it shall submit a proposed purchase and sale agreement in writing via certified or registered mail to the MHP owner within 60 days of receipt of the MHP owner’s notice of sale. The MHP owner shall engage in good faith negotiations with the qualified tenant organization or other eligible organization. If the MHP owner accepts the organization’s proposal, the organization shall have 120 days in addition to the 60-day notice period in which to obtain any necessary financing or guarantees and to close on the purchase. If no qualified tenant organization exists at the time the MHP owner gives its notice of sale, the homeowners may form one for the purpose of considering whether to exercise the purchase opportunity.

C. Relocation Standards.

1. The owner of a MHP that is closing or changing use must comply with the applicable requirements of the Manufactured/Mobile Home Landlord-Tenant Act (Chapter 59.20 RCW) and Mobile Home Relocation Assistance (Chapter 59.21 RCW).

2. The owner of a MHP must submit a relocation report and plan to the city of Bellingham’s planning and community development department for approval prior to issuing a 12-month eviction notice in the case of a change of use or closure of a MHP. The relocation report and plan shall describe how the MHP owner intends to comply with this section and how the MHP owner will assist each MHP tenant household to relocate, in addition to making any state or federal required relocation payments. Such assistance must include providing tenants an inventory of relocation resources, referring tenants to alternative public and private subsidized housing resources, helping tenants obtain and complete the necessary application forms for state-required relocation assistance, and helping tenants to move their manufactured/mobile homes from the MHP. Further, the relocation report and plan shall contain the following information:

a. The name, address, and family composition for each MHP tenant household, and the expiration date of the lease for each household;

b. The condition, size, ownership status, HUD and State Department of Labor and Industries certification status, and probable mobility of each mobile/manufactured home occupying a MHP lot;

c. Copies of all lease or rental agreement forms the MHP owner currently has in place with MHP tenants;

d. To the extent MHP tenants voluntarily make such information available, a confidential listing of current monthly housing costs, including rent or mortgage payments and utilities, for each MHP tenant household;

e. To the extent MHP tenants voluntarily make such information available, a confidential listing of gross annual income for each MHP tenant household;

f. An inventory of relocation resources, including available mobile/manufactured home spaces in Whatcom, Skagit, and Snohomish Counties;

g. Actions the MHP owner will take to refer MHP tenants to alternative public and private subsidized housing resources;

h. Actions the MHP owner will take to assist MHP tenants to move the mobile/manufactured homes from the MHP;

i. Other actions the owner will take to minimize the hardship MHP tenant households suffer as a result of the closure or conversion of the MHP; and

j. A statement of the anticipated timing for park closure.

3. The city of Bellingham’s planning and community development department may require MHP owners to designate a relocation coordinator to administer the provisions of the relocation report and plan.

4. The MHP owner shall make available to any MHP tenant residing in the MHP copies of the proposed relocation report and plan, with confidential information deleted. Once the planning and community development department approves the relocation report and plan, a copy of the approved relocation report and plan shall be delivered to each MHP tenant with the required 12-month eviction notice.

5. The MHP owner shall update the information required under this code section to include any change of circumstances occurring after submission of the relocation report and plan that affects the relocation report and plan’s implementation.

6. No MHP owner may close a MHP or obtain final approval of a comprehensive plan or zoning amendment until the MHP owner obtains a certificate of compliance from the planning and community development department. The department shall issue a certificate of compliance only if satisfied that the owner has complied with the provisions of an approved relocation report and plan, with eviction notice requirements of RCW 59.20.080 and 59.21.030, with relocation assistance requirements of RCW 59.21.020, and any additional requirements imposed by the city. [Ord. 2022-11-025 § 3].

20.10.035 Accessory dwelling units.

Repealed by Ord. 2018-05-009. [Ord. 2004-09-065; Ord. 2002-10-069 § 41; Ord. 10643 § 1, 1995].

20.10.036 Accessory dwelling units.

A. Purpose and Authority.

1. It is the purpose of this legislation to implement policy provisions of the city’s comprehensive plan promoting increased housing options and innovation that will help meet the needs of the many sectors of the community, including smaller households, students, millennials, baby boomers, people with disabilities, and low-income families; make more efficient use of public infrastructure and services; are within walking distance to shops, jobs, and amenities; encourage well-designed infill development; and improve the economic and social well-being of the community.

2. ADU applications shall follow the procedures in Chapter 21.10 BMC.

B. Standards and Criteria.

1. Accessory dwelling units (ADUs) may be allowed in general use types where listed as a permitted use if they comply with the requirements listed in this section, except on property regulated by Chapter 16.80 BMC, Lake Whatcom Reservoir Regulatory Provisions.

2. An ADU shall comply with all zoning code provisions for the principal unit and site for height; setbacks; floor area and floor area ratio (FAR); lanes; garage and parking location, access, and design; accessory buildings; and open space, except as provided in this section. This provision shall also apply to ancillary structures attached to a D-ADU such as garages, carports, garden sheds and workshops.

3. Applicants may request minor modifications to the development and design standards for ADUs. A minor modification is a request by the applicant to meet or exceed a particular ADU standard through the use of a technique or alternative standard not otherwise listed under the applicable requirement. Minor modifications are not variances and are not required to meet all of the criteria typically associated with a variance application. The director may grant a minor modification if the following criteria are met:

a. The site is physically constrained due to, but not limited to, unusual shape, topography, easements, existing development on site, or critical areas; or

b. The granting of the modification will not result in a development that is less compatible with adjacent neighborhood land uses; and

c. The granting of the modification will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and district in which the property is situated; and

d. The granting of the modification is consistent with the purpose and intent of this section; and

e. All reasonable mitigation measures for the modification have been implemented or assured.

4. Ownership and Land Division.

a. ADUs may be sold or conveyed as a condominium unit independent of the principal unit.

b. ADUs may be subdivided into lots separate from the principal unit only when the lots whereon the ADUs are located are deed restricted to provide affordable owner-occupied units approved through:

i. Chapter 20.29 BMC; or

ii. Through a land division when the provisions of BMC 20.29.020, 20.29.030(A) and (C), and 20.29.050; and

iii. The following are met:

(A) Sites with a principal unit and an ADU(s) may be subdivided into lots that do not comply with development standards in BMC Title 23, individually, as long as the parent site as a whole complies with this chapter and the underlying zoning.

(B) The final plat map appropriately identifies lots that contain an ADU were created subject to this code provision.

c. ADUs may be converted to principal units provided they meet all applicable development codes and pay the balance of any impact fees applicable to principal units.

d. ADUs converted to principal units may be subdivided into individual lots provided they meet all land use, building, land division, and other applicable codes.

5. Site Requirements.

a. No more than two ADUs shall be permitted in conjunction with the principal unit on a single lot of record. The ADUs may be in any configuration of attached or detached units.

b. Public street improvements (e.g., frontage improvements) are not required as a condition of permitting ADUs.

6. ADU Size.

a. Attached and Detached ADUs. An ADU shall not exceed 1,000 square feet.

b. Detached ADUs (D-ADU). Up to 800 square feet of ancillary space (garage, workshop, garden shed, storage shed, etc.) that is directly accessible to the outside by a person door is allowed to be attached to a D-ADU, provided:

Figure 20.10.036

i. One D-ADU with ancillary space may not exceed 1,800 square feet in area unless approved by the hearing examiner by conditional use permit pursuant to Chapter 20.16 BMC.

ii. Two attached D-ADUs with ancillary space may not exceed 2,000 square feet in area unless approved by the hearing examiner by conditional use permit pursuant to Chapter 20.16 BMC.

iii. For subsections (B)(6)(b)(i) and (B)(6)(b)(ii) of this section, the floor area of the D-ADU, excluding ancillary space, shall not exceed 1,000 square feet.

7. Minimum Yards for D-ADUs.

a. Front and side-flanking yards shall comply with the zoning code provisions for the principal unit.

b. A five-foot side and rear yard setback shall be provided, measured from the property line to the foundation of the structure, except as follows:

i. When abutting an alley, there is no required side or rear yard setback from the alley.

ii. A D-ADU may be located in a rear yard and in the rear 22 feet of an interior side yard.

iii. When developing along common interior property lines of zero lot line development such as townhomes.

8. Building Height for D-ADUs. A D-ADU shall be no higher than 24 feet under BMC 20.08.020, height definition No. 1 or 12 feet under height definition No. 2.

9. Parking. When parking is provided, the following provisions apply:

a. Parking stalls shall be at least eight feet by 18 feet.

b. Repealed by Ord. 2025-12-035.

c. Parking shall not be located in required front or side street setbacks except when in tandem behind legally established parking.

10. Repealed by Ord. 2025-12-035.

11. Repealed by Ord. 2023-08-022.

12. Repealed by Ord. 2025-12-035.

13. Compliance With Applicable Codes. ADUs shall comply with all standards for health and life safety as set forth in BMC Titles 15 and 17, and any other applicable codes or regulations, except as provided in this section.

14. Accessibility. To encourage the development of housing units for people with disabilities, the director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the city-adopted building code.

15. Conversion of Existing Accessory Structures to ADUs. ADUs may be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage.

C. Existing Illegal Units.

1. Application may be made for any accessory dwelling unit existing prior to January 1, 1995, to become legally permitted, pursuant to the provisions of this section. Whether an ADU permit is approved or denied, the owner of any nonpermitted unit shall be subject to the penalties provided in this code.

2. An application to legalize an existing ADU shall include an application for an ADU permit and a building permit application, showing changes made to the principal unit or detached accessory building to accommodate the ADU. Approval shall be consistent with the ADU regulations and process outlined in this section. The ADU shall be reviewed using the current editions of building codes in place at the time its owner brings the unit forward for permit.

3. Nothing in this section shall require that the city permit existing ADUs that are determined to be dangerous.

D. Permitting Process. An ADU is required to obtain approval following the procedures established in Chapter 21.10 BMC. [Ord. 2025-12-035 § 2; Ord. 2023-08-022 § 2 (Exh. A); Ord. 2021-12-053 § 3; Ord. 2018-05-009 § 5].

20.10.037 Short-term rentals.

A. Purpose. This section provides standards for the establishment of short-term rentals. The regulations are intended to balance the economic opportunity created by short-term rentals with the need to maintain the city’s housing supply and protect the rights and safety of owners, guests and neighbors.

B. Applicability.

1. The regulations and standards in this section apply to short-term rentals citywide, unless otherwise noted.

2. Subsections (D)(1)(a) through (D)(1)(c), (D)(2), (D)(5), and (D)(9)(a) and (D)(9)(b) of this section do not apply to short-term rentals in commercial and urban village general use type areas.

3. Short-term rentals are permitted in residential, commercial and urban village general use type areas per this section.

4. Short-term rentals are not permitted in industrial, institutional or public general use type areas, including these designations within urban village general use type areas.

5. Short-term rentals are permitted in legally established accessory dwelling units in accordance with this section as follows:

a. Short-term rentals are permitted in legally established attached accessory dwelling units citywide.

b. Short-term rentals are permitted in legally established detached accessory dwelling units in commercial, residential multi and urban village general use type areas.

c. Short-term rentals are not permitted in detached accessory dwelling units in residential single general use type areas. If the citywide housing vacancy rate reaches four percent or higher, the city council shall review whether short-term rentals should be allowed in detached accessory dwelling units in residential single general use type areas.

d. On sites where a short-term rental is permitted in a legally established accessory dwelling unit, a short-term rental permit may be obtained for either the primary dwelling unit or accessory dwelling unit, but not both.

e. All other Bellingham Municipal Code sections related to accessory dwelling units apply to short-term rentals.

6. Short-term rentals are not permitted on properties in the Lake Whatcom Watershed that drain to Basin One of Lake Whatcom as identified on BMC Map 16.80.040, or shoreline areas regulated per BMC Title 22, Shoreline Master Program.

7. Short-term rentals are not permitted in any dwelling unit or building that has received approval under the city’s multifamily tax exemption program (Chapter 17.82BMC). This standard does not apply after the exemption period has ended.

8. Short-term rentals are not permitted in housing units subsidized through city programs.

9. Short-term rentals are not permitted in co-living housing.

10. Specific terms in this section are defined in Chapter 20.08 BMC, Definitions.

11. Short-term rentals do not include hotels or motels. See Chapter 20.08 BMC, Definitions, for definitions of “hotel” and “motel.”

C. Process. Upon the effective date of the ordinance codified in this section, all short-term rental operators will be required to obtain a short-term rental permit. Short-term rental permit applications will be processed per the table below as a Type I or Type II permit in accordance with Chapter 21.10 BMC, Procedures and Administration.

1. The following table applies to all dwelling units:

Short-Term Rental Type:

Review Process Type for Residential General Use Types:

Review Process Type for Commercial and Urban Village General Use Types:

– Primary Residence. No more than 2 bedrooms in a dwelling unit, including an accessory dwelling unit (when permitted), may be rented to overnight guests. The subject dwelling unit must serve as the primary residence of the applicant (the owner or long-term tenant) for no less than 270 days per year. The whole dwelling unit may be rented for no more than 95 days per year. (1)

Type I

Type I

– Primary Residence. No more than 5 bedrooms in a dwelling unit, including an accessory dwelling unit (when permitted), may be rented to overnight guests. The subject dwelling unit must serve as the primary residence of the applicant (the owner or long-term tenant) for no less than 270 days per year. The whole dwelling unit may be rented for no more than 95 days per year. (1)

Type II

Type I

– Nonprimary Residence. No more than 5 bedrooms in a dwelling unit, including an accessory dwelling unit (when permitted), may be rented to overnight guests. The subject dwelling unit is not the primary residence of the applicant. There is no limit on the number of days per year the dwelling unit may be rented.

Not allowed (2)

Type I

Notes for the process type table:

1In commercial and urban village general use type areas, the requirements for the minimum number of days per year the dwelling unit must serve as the primary residence of the applicant and the maximum number of days per year the dwelling unit may be rented do not apply.

2If the citywide housing vacancy reaches four percent or higher, the city council shall review whether short-term rentals should be allowed in nonprimary residences in residential general use type areas.

D. Standards.

1. Number of Short-Term Rental Permits per Operator. It is the intent of these regulations to limit the ownership and operation of short-term rentals located in residential general use type areas to no more than one per individual, family living together, domestic partnership, those living as a family unit and/or acting as a principal in any business entity that has ownership of a residential unit. Assigning ownership and/or application for short-term rental use to separate individuals that are living together as a family, in a domestic partnership, or living as a family unit as a means of exceeding this limitation is not permitted.

a. An operator may be a principal, spouse or registered domestic partner of a principal in no more than one short-term rental permit issued pursuant to this section.

b. A maximum of one Type I or Type II short-term rental permit is permitted per operator.

c. A long-term tenant who has signed at least a 270-day lease may serve as a short-term rental operator. The property owner must serve as a co-applicant on the tenant’s application. A tenant’s short-term rental permit counts toward the permit cap of one short-term rental permit for both the tenant and property owner.

2. Number of Short-Term Rentals in Condominiums. No more than one unit or 25 percent of the total units, whichever is greater, in a condominium building may include a short-term rental. If a condominium association approves, more than 25 percent of the dwelling units in the building may include short-term rentals if approved through a Type III-A conditional use permit process.

3. Proof of Primary Residency. An affidavit must be submitted to the planning and community development department on or before January 1st of every even-numbered year attesting to primary residency when the short-term rental is identified as such in the original application.

4. Number of Guests. No more than two guests, excluding children five years old and under, per bedroom are permitted per guest stay.

5. Parking. At least one off-street parking space must be provided for guests on site during guest stay. The planning director may determine, through a simple parking analysis provided by the applicant, that on-street parking or nearby parking may be substituted for off-street parking.

6. Appearance and Behavior.

a. The short-term rental must be operated in a way that will prevent unreasonable disturbances to nearby residents.

b. There must be no change in the outside appearance of the building or premises that indicates the site is hosting a commercial use, other than one flat, unlighted sign not exceeding two square feet in area and mounted flush against the building.

7. Local Contact Person.

a. The name, address and telephone number(s) of a local contact person who is responsible for the short-term rental and lives within an hour’s drive of Bellingham must be submitted with the short-term rental application. This person can be the operator or a designee of the operator.

b. Any changes to the name, address or telephone number(s) of the local contact person must be submitted to the planning and community development department within one month of the change(s).

c. The local contact person shall be available 24 hours a day to ensure that the short-term rental is maintained and operated per the requirements of this section.

8. Notifications.

a. For Type I short-term rental permits:

i. A courtesy notice with information regarding the short-term rental (e.g., description of the rental and number of bedrooms to be rented) and the local contact person’s information must be mailed or delivered to residents and property owners of property abutting and across the street from the short-term rental.

ii. If the Type I short-term rental is located in a multifamily building, the notification letter must be mailed or delivered to all recognized organizations whose boundaries include the short-term rental, the property manager if there is one, and all residents and owners of dwelling units abutting, across the hall from, above, and below the short-term rental.

iii. A copy of the notification letter and a list of the names and addresses of all the residents and property owners that received the notification must be submitted with the short-term rental application.

b. For Type II and Type III-A short-term rental permits, notice must be provided per the noticing procedures in Chapter 21.10 BMC, Procedures and Administration.

c. The planning director shall prepare a set of “good neighbor guidelines” that must be included in the rental agreement and posted in the short-term rental unit, which includes at least the following:

i. A copy of the short-term rental permit;

ii. Contact information for the operator or designated local contact person;

iii. The location of the designated parking space(s), if required;

iv. The location of fire extinguisher(s), fire exits and escape routes;

v. The location of trash, compost and recycling containers; and

vi. Noise considerations and other rules of conduct.

d. The city-issued short-term rental permit number must be clearly displayed on the platform(s) advertising or offering the short-term rental.

9. Events.

a. Type I or Type II short-term rentals must not include weddings, banquets, parties, charitable fundraising, or other gatherings for direct or indirect compensation. The intent of short-term rentals is to provide transient accommodations and allow for limited accessory uses. These limited accessory uses must be consistent with typical residential uses that are allowed.

b. Small, informal noncommercial gatherings of family and friends of short-term rental guests are permitted, provided the gathering is not a disturbance to the surrounding neighborhood.

10. Food. If a short-term rental operator provides breakfast, light snacks, or both to guests, the facility and operator must meet applicable health and safety regulations including, but not limited to, regulations of the Whatcom County health department and the Washington State Department of Health.

11. Safety. The planning and community development department must verify, through a city inspection, that each dwelling unit to be rented to overnight guests meets the following requirements:

a. Each bedroom must comply with building code requirements for a sleeping room that were in place when the bedroom was legally established;

b. Each bedroom must have a smoke alarm that is interconnected with a smoke detector in an adjacent hallway that is in the dwelling unit; and

c. Each bedroom must be located on the floor of a dwelling unit that is equipped with a functioning carbon monoxide alarm. If the dwelling unit does not have fuel burning equipment or an attached garage, a carbon monoxide alarm is not required.

12. Age Requirement. The person booking the short-term rental shall be over the age of 25 years old.

13. Licenses and Taxes.

a. Short-term rental operators shall meet all local, state and federal requirements regarding licenses and taxes.

b. Proof of a valid business license is required with the short-term rental permit application.

14. Insurance. Short-term rental operators shall maintain liability insurance appropriate to cover the short-term rental use in the aggregate of not less than $1,000,000 or conduct each short-term rental transaction through a platform that provides equal or greater insurance coverage.

15. Renewal. Short-term rental permits must be renewed on or before January 1st of every even-numbered year.

16. Nontransferability. Short-term rental permits are not transferable to another operator or location.

17. Permit Revocation.

a. If an operator fails to comply with the regulations of this section and conditions of approval, the planning director shall work with the applicant to achieve voluntary compliance. If voluntary compliance cannot be achieved, the planning director may revoke a short-term rental permit for failure to comply with the regulations of this section. Any such decision may be appealed to the hearing examiner in accordance with BMC 21.10.250.

b. A legally established, previously approved bed and breakfast use is abandoned if the use ceases for at least one year. An operator seeking to reestablish the bed and breakfast use shall obtain a short-term rental permit to operate a bed and breakfast facility.

c. A new short-term rental permit will not be issued to the operator of a revoked bed and breakfast facility or short-term rental until two years from the time of revocation have passed.

18. Nonconforming Status. No use that constitutes or purports to be a short-term rental, which was engaged in that activity prior to the adoption of this section, will be deemed to have been a legally established use under the provisions of the Bellingham Municipal Code and that use will not be entitled to claim legal nonconforming status.

19. Alterations and Expansions. If construction, including expansion of building area or alterations that increase the intensity of the facility, accompanies the short-term rental use, the project will be reviewed for conformance with all applicable building and construction codes.

20. Relationship to Other Sections of the Code. The provisions of this section apply in addition to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision applies.

21. Effective Date. The provisions of this section and other sections of the Bellingham Municipal Code related to short-term rentals will not take effect until six months after the date of adoption.

22. Evaluation of Ordinance. This section will be reviewed two years from the effective date of the ordinance codified in this section to assess the impact of short-term rentals on the city’s neighborhoods and housing market.

E. Violation – Penalty.

1. Any person operating a short-term rental without a required permit as described in subsection (C) of this section shall be in violation of this subsection and subject to the penalties in Chapter 20.52 BMC.

2. Any person operating a short-term rental in violation of any standard outlined in subsections (B) and (D) of this section shall be in violation of this subsection and subject to the penalties in Chapter 20.52 BMC and permit revocation under subsection (D)(17) of this section. [Ord. 2025-12-035 § 3; Ord. 2025-12-033 § 3; Ord. 2021-12-053 § 4; Ord. 2018-11-024 § 5 (Exh. A)].

20.10.040 Temporary uses.

A. The director is authorized to approve the following temporary uses:

1. Christmas tree sales in any general use type except residential single for a time period not to exceed 45 days.

2. Circuses and carnivals may be permitted in any general use type except residential single and residential multi with the concurrence of the director of public works.

3. Temporary vegetable and farm crop vendors in commercial and/or industrial general use types not to exceed 60 days.

4. Contractors’ office and equipment storage on the premises of a construction project holding a valid building permit not to exceed the period of construction.

5. Temporary structures to house hobby and/or noncommercial construction projects such as pleasure boat construction, antique restoration, and similar uses. The temporary use may not be permitted for more than a one-year period and must not, in the opinion of the director, cause any hazardous conditions nor be detrimental to neighboring uses in regards to aesthetics, privacy, light, air, and/or general welfare.

6. Annual neighborhood activities conducted by nonprofit organizations for the purpose of raising funds for community improvements or other nonprofit causes. The use shall be limited to once a year, not longer than 72 hours in duration, and shall include such activities as home tours, community garage sales, art fairs, auctions, etc.

7. Special events as allowed under Chapter 13.13 BMC.

8. Temporary homeless shelters, per Chapter 20.15 BMC. [Ord. 2018-10-019 § 2; Ord. 2017-02-007 § 3; Ord. 9582 § 2, 1986; Ord. 9401 § 1, 1984; Ord. 9024, 1982].

20.10.045 Home occupations.

A. Authority. The director is authorized to approve home occupation permits consistent with the regulations and provisions herein.

B. Regulations.

1. Home occupations must be conducted within the main residential building by the occupant. The occupation may include such uses as personal, business, or professional services, or offices and repair shops for household items; however, veterinarian offices and clinics, hospitals, mortuaries, major and/or minor automotive repairs, eating and/or drinking establishments, stables, or kennels are prohibited.

2. There shall be no exterior modification of the building in order to accommodate the occupation, nor shall there be any outward manifestation of the occupation. No home occupation shall be located anywhere but in the main building. The primary use of the premises shall be residential and at no time shall the home occupation be the predominant use.

3. No more than one assistant or employee, in addition to the resident(s), may engage in the occupation on the premises. One off-street parking space shall be provided for the use of the employee.

4. A flat, unlighted sign flush against the building is allowed. Such sign shall not exceed two square feet in area. The sign shall state only the name/address/phone number of the occupant and the occupation.

5. No retail sales of goods in connection with the home occupation shall occur on or about the subject premises.

C. Permit Procedure.

1. Exempt. If the home occupation is limited to those activities which involve bookkeeping and office for a business conducted elsewhere, has no outward manifestation of the business, and no customers or employees coming to the home, it shall be considered “exempt.” An exempt home occupation shall be considered an accessory use and permitted outright with no land use permit required.

2. A nonexempt home occupation is required to obtain approval following the procedures established in Chapter 21.10 BMC. The director shall have authority to place such restrictions and conditions on the permit as deemed necessary to protect the neighborhood from any detrimental effect which may arise from the proposed use. Once a home occupation permit has been issued, it shall not be transferable to another person or location, nor shall the specified conditions be changed in any manner except upon reapplication. If after issuance of the permit, the use violates any of the conditions of the permit, or if the director otherwise finds the use to have a detrimental effect on the surrounding neighborhood, the director shall have the authority to place additional restrictions on the permit or to revoke the permit and order the use abated. [Ord. 2004-09-065; Ord. 2002-10-069 § 42; Ord. 10169 § 11, 1991; Ord. 9024, 1982].

20.10.047 Confidential shelters.

A. The director of planning and community development may grant a special accommodation approval to “confidential shelters” as defined in BMC 20.08.020. Applications shall be processed administratively by the department. No public notice is required. The decision of the director is not subject to administrative appeal. Confidential shelters are subject to the following requirements:

1. The applicant shall provide satisfactory evidence that the organization operating the shelter has a demonstrated capability to operate the program (such as by having a record of successful operation of a similar program, maintaining a board of directors with appropriate experience, and/or obtaining program recognition through grants, etc.).

2. The applicant shall submit a site and floor plan for approval and demonstrate to the satisfaction of the director that adequate provision has been made for parking, screening and mitigation of impacts and that the building complies or will comply with housing and building codes as determined by the building official. The site and facilities shall be of a size and nature to provide for adequate mitigation of impacts based on the number of residents and staff while maintaining a single-family residential appearance. The director may impose conditions to satisfy these requirements. Any required certificate of occupancy shall be obtained.

3. The director shall have the authority to revoke the grant of special accommodation if the conditions of approval are not satisfied or if unacceptable impacts cannot be adequately mitigated. [Ord. 1998-06-034 § 2].

20.10.048 Co-housing.

A. Co-housing developments may be allowed in use districts where listed as a permitted use if they comply with the following requirements listed in this subsection. Co-housing projects that comply with the standard residential development regulations within a use district are exempt from this subsection.

B. Approval Process. Co-housing projects opting to develop under this section and located in the residential single, residential multi transition or residential multi multiple use district shall be processed following the procedures in Chapter 21.10 BMC.

C. Special Requirements. The hearing examiner may approve an application for a co-housing project if it is found to comply with the following criteria:

1. The project applicant must be a legal entity created for the purpose of developing a co-housing project. The organization shall be transformed into a residential owners’ association upon completion of the development and subsequent occupation of the dwelling units. Membership of the association shall be open only to owners of the dwelling units in the development. It is intended that co-housing projects be primarily owner occupied. Commercially owned rental projects are not permitted.

2. The housing type may consist of any housing type (e.g., townhouses, flats, etc.). Individual lots are not required for each unit. The project density shall not exceed the allowed density, regardless of the type of housing, specified in the applicable subarea of the zoning tables in Chapter 20.00 BMC. If there is more than one density listed, the highest listed density for any housing type specified in the applicable neighborhood subarea pursuant to zoning tables in Chapter 20.00 BMC shall be considered the maximum potential density for co-housing. A co-housing development in a multifamily zoned area shall be developed to the minimum density provisions pursuant to BMC 20.32.040(B). The maximum number of units which may be approved for a particular project may be less than the maximum potential if the site is within an environmentally sensitive area of the Lake Whatcom watershed or if it cannot meet the criteria for approval at the proposed density. Any proposal for division of the property shall comply with city codes regarding subdivision.

3. Uses within the co-housing project shall be limited to those permitted uses listed in the residential single use district and those allowed under the provisions of this subsection. Any request for a conditional use on the co-housing site may be considered through the appropriate permit review procedures for conditional uses as prescribed by city code. The co-housing contract shall specify the uses approved for the specific site.

4. Height. The height limit of the underlying zone shall apply. Common buildings may be considered main buildings for the purposes of determining height limits.

5. Usable Space. At a minimum, usable space in an amount equal to that required for a proposal of the same number of units under BMC 20.32.040(F) shall be required.

6. Yards. In residential single zones, the minimum setback from the perimeter of the site shall be 15 feet from all property lines except from arterial streets. The setback from arterial street sides shall be as provided in BMC 20.30.040(G)(1), provided the minimum required setback under this provision shall not be greater than 20 feet from the edge of the right-of-way.

7. Parking. Co-housing developments shall satisfy all parking regulations contained in Chapter 20.12 BMC; provided, that the hearing examiner may increase or decrease the required number in order to mitigate expected impacts based on the proposed development design and/or occupancy or based on proposed use and occupancy restrictions. Open parking areas shall not be located within 15 feet of any property line unless the hearing examiner determines that a reduced setback will provide adequate buffering to protect adjacent properties and uses. In no case shall the setback be reduced below five feet without variance approval.

8. Landscaping. Co-housing developments shall satisfy all landscaping requirements for similar uses contained in BMC 20.12.030. Additionally, open parking areas shall be screened from adjacent property lines by a minimum three-foot to four-foot-high hedge or fence. Refuse and recycling bins shall be screened from view of adjacent properties by fencing and landscaping.

9. Open Space. In residential single zones, at least 15 percent of the project site area shall be maintained as common open space. For the purposes of this provision, common open space shall be any undeveloped area designated, dedicated or otherwise reserved for public and/or private use and benefit as a natural area, greenway corridor or for recreational purposes as may be specified on the approved site plan. In other zones, the open space requirements of the underlying use district shall apply.

10. Common buildings for uses consistent with the definition of co-housing may be permitted, provided no common building shall exceed 5,000 square feet in floor area.

11. A sidewalk shall be constructed within all abutting city street rights-of-way. A local improvement district commitment or other method of obtaining a financial contribution to sidewalk construction may be accepted in place of construction if the city does not desire immediate construction.

12. Walkways shall be required to link building entrances, streets, recreational areas and parking.

13. Streets and utilities shall 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 shall be extended across the full width of the property unless it is clearly demonstrated that the extension will not be needed for development of adjacent property.

14. Abutting streets shall be improved to a three-quarter standard, based on the specified street standard in Chapter 13.04 BMC or the street standard specified in the neighborhood plan.

15. Activities that are part of a home occupation may take place in a portion of a common building if specifically approved through a home occupation permit. All other rules and limitations regarding home occupations shall apply. Common buildings shall not be designed for commercial uses. Common buildings or groups of residences are not to be used to conduct business activities that exceed the magnitude of activity normally associated with home occupations that are conducted within single-family residence. Business activities shall not be the primary function of a common building and in no case shall more than 50 percent of the area of a common building be used for home occupations. The number of home occupations and the area used for each may be regulated in order to limit cumulative impacts. The co-housing contract may provide for additional home occupation limitations.

16. Design Guidelines.

a. The development, from the viewpoint of the public street, shall present a view that is residential in nature and similar to, or compatible with, other residential uses on that street. For example, views of residences and landscaping rather than views of blank walls or parking lots.

b. Large parking lots shall be avoided. Parking areas shall be broken up with landscaping and placed along the sides and rear of the site whenever possible.

c. Existing wetlands, streams, significant trees, topographical features and other natural features shall be saved, preserved and enhanced to the greatest extent possible consistent with reasonable and appropriate use of the subject site. Links between open spaces and pedestrian routes shall be facilitated whenever possible.

d. The design shall provide outdoor play area for children in individual yard and/or common areas unless occupancy of the project is limited to adults.

e. Group play areas, recreational areas or other areas intended for concentrated outdoor activity for group functions should be located away from project boundaries and adequately screened to minimize impacts on adjacent properties.

f. In single-family residential districts, the project should encourage a diversity of construction styles in order to maintain a character more in keeping with that of single-family residential developments in contrast to that of multifamily developments.

17. The proposed development must also be found to:

a. Address any special conditions, prerequisite considerations or significant environmental elements identified in the neighborhood plan;

b. Be consistent with the goals and policies of the comprehensive plan;

c. Make adequate provisions for drainage, vehicular and pedestrian access (including emergency vehicle access), water, sewer, recreational areas and any other relevant features necessary to serve the public interest; and

d. Be designed to promote the residential quality of the neighborhood and to avoid detrimental impacts on adjacent properties.

18. The standards herein are minimum standards and may be increased for a particular co-housing 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.

D. Any exceptions to the standards in subsection (C) of this section must be approved by the hearing examiner only after written submittal by the applicant detailing the reasons why the standards cannot be met. Grounds for exceptions shall be limited to those justifications for variances contained within Chapter 20.18 BMC. Exceptions to allowed uses or density may not be granted. [Ord. 2021-10-044 § 3; Ord. 2004-09-065; Ord. 2002-10-069 § 44; Ord. 1998-08-062 § 5].

20.10.050 Site area.

A. No building or structure shall hereafter be erected or located upon a lot unless in conformity with the minimum site area regulations of the general use type in which it is located or as may be otherwise provided herein or as approved through the subdivision procedures pursuant to BMC Title 23.

B. No lot or parcel of land now existing or hereafter established shall be so reduced or diminished that yards, open space or site area be made smaller than the minimum required by this title, nor shall any lot or parcel of land that is now smaller than the minimum required by this title be further reduced or diminished in any manner, except as may be provided by law. [Ord. 2018-12-036 § 23; Ord. 9024, 1982].

20.10.060 Open space.

Open space as required by this title shall be a continuing obligation. [Ord. 9024, 1982].

20.10.070 Height.

A. Buildings and structures shall not exceed the height limitation as specified in the applicable general use type development handbook. The property owner may elect to follow either height definition when there is an option; provided, that the director determines that the choice will not be unduly detrimental to the existing or future development of the adjacent properties.

B. Spires, towers, domes, steeples, flag poles, chimneys, smokestacks, and/or ventilators may be erected above the height limitation, provided no usable floor space above the height limit is added thereby. This exception shall not apply to wireless communication facilities. No overheight object shall be used for advertising of any kind. [Ord. 1998-07-057; Ord. 9024, 1982].

20.10.080 Yards.

A. No yard shall be reduced in size so as to make it smaller than the minimum dimension required, except as allowed in the regulatory options found in the residential single (RS) and residential multi (RM) development standards.

B. No portion of any building or structure shall project into any required yard within a residential single (RS) or residential multi (RM) general use type, except as shown in Table 20.10.080, Permitted Yard Encroachments. Similar residential architectural features, mechanical equipment, and landscape structures not listed in Table 20.10.080 may be approved by the planning and community development director. Permitted encroachments into any yard are required to meet adopted building codes, and meet minimum vision clearance triangle on a corner lot.

Table 20.10.080 – Permitted Yard Encroachments 

P = Permitted

N = Not permitted

Encroachments

Front Yard Setback

Side Yard Setback on a Flanking Street

Side Yard Setback

Rear Yard Setback

Front Yard Setback Option (1)

Uncovered accessibility ramp

P

P

P

P

P

Accessory building

RS per BMC 20.30.100

RM per BMC 20.32.110

N

N

P

P

N

Landscape arbor or trellis

P

P

P

P

P

Awning/canopy for a window, porch or door

P

2' maximum

P

2' maximum

P

2' maximum

P

2' maximum

P

2' maximum

Cantilevered bay window

P

2' maximum

P

2' maximum

P

2' maximum (5) (6) (7)

P

2' maximum

N

Green house window (manufactured window unit)

P

2' maximum

P

2' maximum

P

2' maximum (7) (8)

P

2' maximum

N

Dormer(s)

P

2'/4' maximum (9)

P

2'/4' maximum (9)

P

2' maximum (5) (6) (7)

P

2' maximum

N

Chimney/fireplace

P

2' maximum

P

2' maximum

N

P

2' maximum

P

2' maximum

Fireplace with direct venting

P

2' maximum

P

2' maximum

P

2' maximum (10)

P

2' maximum

P

2' maximum

Covered porch (2)

Single story main entry open on 3 sides

P

6' maximum

P

6' maximum

N

N

N

Roof; cornice, eave or overhang less than 4' in depth (4)

P

P

P

P

P

Uncovered deck less than 30" above grade (3)

P

P

P

P

P

Uncovered deck or balcony, exceeding 30" above grade (3)

P

6' maximum

P

6' maximum

P

2' maximum (6) (7)

P

5' maximum

N

Uncovered stairwell, stairway or steps not exceeding 4' above grade (2)

P

P

P

P

P

Uncovered stairways, stairwells exceeding 4' above grade

N

P

2' maximum

P

2' maximum

P

5' maximum

N

Fences and walls, per BMC 20.12.050

P

P

P

P

P

Hot tub

Swimming pool

Sport court

N

N

N

P

4' maximum

N

Mechanical equipment, such as: air condition unit, heat pump unit

P

6' maximum

(11)

P

6' maximum

(11)

P

(12)

P

(12)

2' maximum

(11)

Notes:

1Yard encroachments may be permitted per BMC 20.10.080(B).

2Uncovered steps leading into a porch or deck which are not exceeding four feet above grade are not counted towards the six feet front yard encroachment.

3Lower decks or balconies with decks or balconies above them are not considered roofed.

4Shall not be closer than three feet to a property line.

5Shall not exceed 12 feet in width and separated from like features by at least four feet.

6Prohibited within the side yard for residential single development.

7Prohibited within seven feet of a side property line for residential multi development.

8A manufactured green house window unit within the side yard is allowed as follows:

iLimited to the first floor;

iiMaximum width four feet; and

iiiMaximum height four feet.

9A dormer may encroach a maximum of two feet when located above a corresponding bay window, or four feet when located above a corresponding front porch.

10A wall bump-out for a gas fireplace with direct venting is allowed as follows:

iLimited to the first floor;

iiMaximum width six feet; and

iiiMaximum height six feet measured from finished floor.

11Mechanical equipment shall be screened with landscaping, fencing, or similar, when visible from the public street.

12Mechanical equipment is prohibited within three feet of a common property line with another lot. The maximum permissible noise level for mechanical equipment located within five feet of a common property line is 55 decibels (dBA).

C. For corner lots, the front yard shall be that yard which abuts a designated arterial. If neither or both of the abutting streets are designated arterials, the builder/owner shall have the option of selecting the front yard. The remaining yard shall be the side yard on a flanking street.

D. Whenever the right-of-way width is below minimum standards as specified in ordinance No. 8027, the centerline for setback purposes shall be the farthest edge of the existing right-of-way which was dedicated by the subject property. [Ord. 2024-02-002 § 2; Ord. 2011-07-036; Ord. 9024, 1982].

20.10.090 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 adopted. [Ord. 9024, 1982].

20.10.100 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 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 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].