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Blaine City Zoning Code

Division 3

ZONING DISTRICTS

§ 17.10.010 Zoning districts established.

In order to regulate uses of land, buildings and structures in conformance with the policies of the Blaine comprehensive land use plan, the city is divided into the following zoning districts:
GW
Gateway
M
Manufacturing
MPR
Marine planned recreation
CB
Central business
CB – M
Market
CB – W
Wharf
CB – T
Transition
HC
Highway commercial
R/O
Residential/office
RH
Residential high-density
RM
Residential medium-density
SF-2
Single-family attached
SF-1
Single-family detached
RL
Residential low-density
RPR
Residential planned recreation
PR
Planned residential
PC
Planned commercial
PUB
Public
AO
Adult entertainment overlay
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2692 § 3(3), 2008; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.10.020 Recording of boundaries.

Boundaries of the land use districts referred to in BMC § 17.10.010 shall be determined and defined, or redefined from time to time, by adoption of amendments (rezones) to the zoning ordinance, by a map or maps showing the geographical area and location of the districts. The map or maps shall be filed with the city clerk and be permanently displayed at a location available to the public. Each zoning district map shall be, upon final adoption, a part of this title and the ordinance codified herein.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.10.030 Official zoning district map.

This division consists of the text hereof and official zoning district map signed by the mayor and city clerk. The original map is to bear the same date as the ordinance codified in this division. Subsequent amendments, dates and changes shall be listed on a duplicate copy of the original zoning district map. The zoning district map has been examined in detail and approved by the city council after having been recommended by the review authority and is adopted as a part of this title. If any conflict arises between the map and the text of this title, the text shall prevail.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.10.040 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)

§ 17.12.010 Purpose of the gateway zoning district.

The purpose of the gateway district is to encourage the development of a safe and compatible mix of commercial, office and light industrial uses immediately adjacent to SR 543, without compromising the safety of the neighboring student population, imposing hazards and nuisances on the community, or degrading the environment.
A primary function of this district is to encourage the location of businesses that can service cross-border traffic from SR 543 and related business activity and to function as a gateway to the city's industrial district. To that end, development of this district must incorporate the early extension of Boblett Street to the east and its designation as the commercial traffic corridor from SR 543 to Odell Road.
Orderly and safe traffic circulation is a priority goal in this district. In order to achieve this goal, construction, manufacturing, wholesale trade, transportation and warehousing businesses should be accessed from Boblett Street. East/west pedestrian crossings at the intersection of SR 543 and Boblett Street should be minimized to the extent possible or improvements made to ensure safe crossing through this intersection.
To encourage economic opportunity in this uniquely located district, this chapter focuses more on the district's relationship to the truck route (SR 543) and adjacent districts, and less on specific allowed uses. Additionally, the intent of the gateway district is to achieve compatibility between adjacent land uses through performance and design standards that minimize off-site impacts.
(Ord. 2692 § 3(1), 2008)

§ 17.12.020 Uses subject to administrative approval (allowed by right).

A. 
The following uses are allowed throughout the gateway district (use identification through the North American Industry Classification System (NAICS)):
1. 
Retail trade (NAICS Nos. 44 – 45);
2. 
Information (NAICS No. 51);
3. 
Finance and insurance (NAICS No. 52);
4. 
Real estate, rental and leasing (NAICS No. 53);
5. 
Professional, scientific, and technical services (NAICS No. 54);
6. 
Management of companies and enterprises (NAICS No. 55);
7. 
Administrative, support and waste management and remediation services (NAICS No. 56);
8. 
Educational services (NAICS No. 61);
9. 
Health care and social assistance (NAICS No. 62);
10. 
Arts, entertainment and recreation (NAICS No. 71);
11. 
Accommodations and food services (NAICS No. 72);
12. 
Other services (NAICS No. 81);
13. 
Public administration (NAICS No. 92);
14. 
Gasoline service stations when compliant with Chapter 15.30 BMC, Gasoline Service Stations. This includes related movement of flammable liquids when operationally in compliance with the federal, state and local regulations;
15. 
Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange station.
B. 
The following uses are allowed when primary access is provided from Boblett Street:
1. 
Construction (NAICS No. 23);
2. 
Manufacturing (NAICS Nos. 31 – 33);
3. 
Wholesale trade (NAICS No. 42);
4. 
Transportation and warehousing (NAICS Nos. 48 – 49).
(Ord. 2692 § 3(1), 2008; A(2), 2011; Ord. 2793 § 2 Exh)

§ 17.12.030 Conditional uses.

The following uses require a conditional use permit pursuant to Chapter 17.92 BMC:
A. 
A use or facility other than a gas station or truck stop in which handling or transport of toxic or volatile materials is a primary component of the use or facility, provided:
1. 
Underground storage limits shall comply with Sections 3404.2.9.5.1 and 3406.2.4.4 of the International Fire Code;
2. 
The storage of explosives and blasting agents is not allowed, except for temporary storage and use as specifically defined in Section 3304 of the International Fire Code;
3. 
The storage of liquefied petroleum gases shall be limited in compliance with Section 3804.2 of the International Fire Code restricting the storage of liquefied petroleum gases (the aggregate capacity for liquefied petroleum gases of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L));
B. 
Recreational vehicle parks as described in BMC § 17.108.060.
(Ord. 2692 § 3(1), 2008; Ord. 2970 § 1 (Exh. A), 2021)

§ 17.12.040 Uses subject to a public hearing, planning commission recommendation and city council approval.

Repealed by Ord. 2879.
(Ord. 2692 § 3(1), 2008)

§ 17.12.050 Accessory uses.

Accessory uses shall include those uses necessary to allow the permitted uses to function at their full capacity. These include uses that are incidental to, but necessary or convenient for, permitted operations. Accessory uses include but are not limited to:
A. 
Offices;
B. 
Eating facilities established to accommodate the principal use;
C. 
Restrooms and related facilities;
D. 
Incidental shops or light repair facilities;
E. 
One dwelling unit for each permitted use when it can be demonstrated that the unit is used in conjunction with, and accessory to, the permitted use;
F. 
Retail sales when it can be demonstrated that the sale of the merchandise is in conjunction with, and accessory to, the principal use;
G. 
Other accessory uses as determined by the director.
(Ord. 2692 § 3(1), 2008)

§ 17.12.060 Uses prohibited in the gateway zoning district.

The following uses are not allowed:
A. 
Heavy impact industrial uses not consistent with the intent of the gateway district, e.g., saw mills, raw ore foundries, pulp mills, junk yards, waste disposal stations;
B. 
The disposal of wastes;
C. 
Permanent dwelling units unless accessory to a permitted use;
D. 
The production, use, storage, transport or disposal of hazardous materials as a principal use.
(Ord. 2692 § 3(1), 2008)

§ 17.12.070 Site requirements.

Purpose: This section establishes site requirements that shall apply to all development in the gateway district.
A. 
Minimum Lot Area. The minimum lot size shall be adequate to meet the requirements and standards that apply to this district.
B. 
Minimum Lot Frontage. Minimum lot frontage shall be sufficient to provide adequate access, circulation, and utility development. In no case shall the frontage be less than 30 feet.
C. 
Minimum Lot Width. The minimum lot width shall be of an adequate size to meet the requirements and standards that apply to this district.
D. 
Minimum Lot Depth. The minimum lot depth shall be adequate to meet the requirements and standards that apply to this district.
E. 
Maximum Lot Coverage.
1. 
Eighty percent coverage when storm water is treated on-site.
2. 
One hundred percent coverage when the site is serviced by a regional storm water system.
F. 
Minimum Setbacks.
1. 
Property Lines Abutting Rights-of-Way. With the exception of signage and ingress and egress infrastructure, no building, structure or impervious surface shall be located closer than 20 feet from the street right-of-way lines.
2. 
Property Lines Abutting Adjacent Properties. No building or other structure shall be closer than 10 feet from adjacent property lines.
3. 
For buildings in excess of 35 feet tall, an additional one foot of setback shall be required for each foot of height in excess of 35 feet.
G. 
Building Height. Maximum building height in the gateway district is 50 feet. (Additional building height conditions are indicated under subsection (F)(3) of this section.)
H. 
Off-Street Parking. Unless otherwise stipulated, parking is required in compliance with Chapter 17.124 BMC.
I. 
Truck/Tractor Parking, Loading, and Circulation. When proposed commercial or industrial operations include truck and trailer parking, loading/unloading or transfer, the facility shall provide the necessary space and circulation capacity to meet the facility requirements. Under this condition, the applicant shall include a truck/trailer parking and circulation plan with adequate detail to determine use-related parking/capacity and necessary on-site circulation and its relationship to other parking, pedestrian circulation, street traffic and adjacent property circulation.
J. 
Signs. In the gateway district, the specific sign regulations contained in BMC § 17.122.095 shall apply.
K. 
Utilities. All water, sewer, gas, electric, and other utility services shall be located underground.
(Ord. 2692 § 3(1), 2008; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.12.080 Use standards.

Purpose: This section establishes use standards that shall apply to all uses in the gateway district.
A. 
Storage.
1. 
Principal Storage. Storage of materials, products or equipment shall be contained within building envelopes.
2. 
Accessory Storage. Outdoor storage is an accessory use and is permitted, provided the materials, products, or equipment stored are necessary to the operation of a use being conducted on the site and it meets the following requirements:
a. 
Accessory storage shall not exceed 10 percent of gross area of the principal building(s);
b. 
Accessory storage shall not be placed within required yard or parking areas;
c. 
Accessory storage shall not significantly impact adjacent land uses as determined by the director;
d. 
Accessory storage shall be located behind the principal building(s) and shall be appropriately screened where determined to be necessary by the director.
3. 
No waste material or refuse shall be dumped upon or permitted to remain upon any part of said property outside of a building constructed thereon.
4. 
This section does not apply to finished products subject to retail sales.
B. 
Trash Areas. All businesses that provide trash and/or garbage collection areas shall enclose such areas on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be required.
(Ord. 2692 § 3(1), 2008)

§ 17.12.090 Design standards.

Purpose: This section establishes design standards that shall apply to all development in the gateway district.
A. 
Building Design.
1. 
Entryways. Each principal building on a site shall have clearly defined and highly visible customer entrances. Entryway design elements and variations must have a street orientation and enhance the aesthetically pleasing character of the building.
2. 
Facades and Exterior Walls. All sides of the principal building shall include materials and color combinations that complement the front entryway. The front facade shall complement and be architecturally consistent with the entryway.
3. 
Buildings Abutting SR 543 and H Street.
a. 
Buildings with side or rear walls abutting SR 543 and H Street shall contain adequate architectural and visual character to avoid the appearance of blank walls and contribute to the visual quality of the SR 543 corridor.
b. 
Substantial creative latitude shall be allowed to achieve this requirement. For instance, sterile wall planes void of architectural interest can be avoided through the application of wall detail such as:
i. 
Horizontal and vertical relief;
ii. 
Shadow lines;
iii. 
Color changes;
iv. 
Visual depth;
v. 
Differential roof heights.
B. 
Lighting.
1. 
All exterior lighting fixtures, including those in parking areas and driveways, shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way.
2. 
Commercial Lighting.
a. 
Exterior building lighting shall be compatible with the architecture of the project and shall not detract from the visibility of surrounding buildings;
b. 
Landscape and architectural lighting shall be used to illuminate building facades, building entrances, and feature or courtyard spaces;
c. 
Night lighting must be provided for all pedestrian walkways and where stairs, curbs, ramps, and crosswalks occur.
C. 
Landscaping.
Purpose: Landscape and buffering should contribute to visual quality and continuity within and between developments, provide screening and mitigation of potential conflicts between activity areas and site elements, enhance outdoor spaces, reduce erosion and storm water runoff and mitigate air pollution.
1. 
All landscaping shall comply with Chapter 17.126 BMC.
2. 
On-site storm water management facility ponds shall be landscaped. Fencing, where necessary, shall be dark-colored and vinyl-coated. Landscaping shall be installed in conjunction with fencing to break up its linear features.
3. 
All lots abutting SR 543 and H Street shall provide street trees along abutting boundary and a vegetative buffer sufficient to screen unsightly uses. Where fencing is erected, it shall be in conjunction with these vegetative requirements and contribute to an aesthetically pleasing appearance from the streets.
4. 
Landscaping shall be required within all setbacks fronting public streets, including SR 543.
D. 
Retail Commercial Buildings – Pedestrian Circulation.
1. 
A well-marked, continuous and protected pedestrian walkway network, a minimum of five feet wide, must connect the principal entrance(s) of all retail commercial buildings to:
a. 
Street crossings, public sidewalks, and transit stops.
b. 
Other buildings on the site.
c. 
Central features and community spaces.
d. 
Pedestrian walkways of adjacent sites.
e. 
On-site parking areas.
2. 
All pedestrian walkways shall be well-lit and utilize human-scale lighting features to promote pedestrian safety.
3. 
Walkways must feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of their length.
4. 
To the maximum extent feasible, pedestrians and vehicles shall be separated through provisions of a walkway.
5. 
Where complete separation of pedestrians and vehicles is not feasible, hazards shall be minimized by providing the following types of features:
a. 
Change in paving surface materials such as low maintenance pavers, bricks, stamped asphalt, or scored concrete.
b. 
The use of landscaping, bollards, lighting and other means to clearly delineate pedestrian areas.
c. 
The use of signs clearly identifying pedestrian crossing areas.
(Ord. 2692 § 3(1), 2008; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.12.100 Performance standards.

No use in this district shall result in off-site impacts to such an extent that they inflict smoke, dirt, noise, vibrations, odor, glare or other nuisances or hazards detrimental to the health, welfare and safety of persons occupying or visiting adjacent properties. Prior to approval of a building permit, it must be demonstrated to the satisfaction of the city that the building and site design have adequately addressed standards contained in this chapter.
A. 
Fire and Explosive Hazard Performance Standard. The manufacture, use or processing of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in the gateway district only in accordance with state and local regulations for fire prevention and protection.
B. 
Emission Performance Standard. Levels of emissions of smoke, dust and other particulate matter, toxic and noxious gases in the gateway district are not to exceed standards set by the Northwest Clean Air Agency and all state and federal standards.
C. 
Vibration Performance Standard. Every use in the gateway district shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond any zoning district boundary in which the use is located.
D. 
Heat, Glare and Steam Performance Standard. Any activity in the gateway district producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare does not create a nuisance beyond the boundary lines of the district within which the use is located. Building materials with light-reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall be hooded or shaded so that direct light from high-intensity lamps will not result in glare upon surrounding areas or cast light upon any residential use or street area.
E. 
Noise Performance Standard. Sound levels in the gateway district are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the Department of Ecology.
F. 
Radiation Performance Standard. Emissions of ionizing radiation in the gateway district must comply with all standards established by the U.S. Nuclear Regulatory Commission and the State Department of Social and Health Services.
G. 
Erosion Performance Standard. No erosion, by either wind or water, shall be permitted in the gateway district which will carry increased volumes of sediments or objectionable substances into or through neighboring properties.
H. 
Electrical Disturbance Performance Standard. No activity except for electrical transmission lines or facilities shall emit electrical disturbance in the gateway district adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location or site of the use creating such disturbance.
(Ord. 2692 § 3(1), 2008)

§ 17.12.110 Performance standard enforcement.

A. 
The director shall determine if a violation of performance standards has occurred. Upon such a determination, the director shall send written notice of the violation by certified mail to the owners of the property and the manager of the operation involved. The manager or responsible person shall have 30 days to correct the violation, unless in the opinion of the director there is imminent peril to the life and/or property of persons adjacent to the alleged violation, in which case the violation shall be corrected immediately.
B. 
Where determinations of violation can be made by the director, using equipment normally available to the city or obtainable without additional expenditure to the city, such determination shall be made before notice of violation is issued.
C. 
When technical complexity or expense makes it prohibitive for the city to maintain the personnel or equipment necessary to make the determination of violation, the city shall retain appropriately qualified specialists to make the determination. If these findings indicate a violation of the performance standards, the cost of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other cost incurred by the city. If no violation is found, the cost of determination shall be paid by the city.
D. 
If a substantiated performance violation is not remedied within the time requirements set by the director, it shall be enforced pursuant to Chapter 17.08 BMC, Violations and Enforcement.
(Ord. 2692 § 3(1), 2008)

§ 17.12.120 Violations.

Unless otherwise indicated, violations of this chapter shall be enforced pursuant to Chapter 17.08 BMC, Violations and Enforcement.
(Ord. 2692 § 3(1), 2008)

§ 17.12.130 Appeals.

Appeals of a final decision shall be heard pursuant to BMC § 17.06.180, Appeals.
(Ord. 2692 § 3(1), 2008)

§ 17.14.010 Purpose.

The manufacturing (M) district is intended primarily for manufacturing and similar uses. To avoid unnecessary regulations on manufacturing, standards for this district are intended to provide protection against effects harmful to others.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021; Ord. 25-3035, 9/8/2025)

§ 17.14.020 Permitted uses.

A. 
Subzone A. In that area of the manufacturing district west of Ludwick Avenue and north of Boblett Street, the permitted uses are generally any industrial, research and development centers, warehousing, processing and shipping terminal uses; provided, that such uses do not inflict upon neighboring use districts smoke, dirt, noise, vibrations, odor, glare or other nuisances or hazards detrimental to the health, welfare and safety of persons occupying or visiting the district or adjacent districts. Restaurants, recreational uses both public and private, overnight accommodations and retail sales and services are permitted uses. Business and technical parks as defined at BMC § 17.142.115 are a permitted use through the planned unit development process as prescribed at Chapter 17.68 BMC. All uses must meet the performance standards listed in this chapter.
1. 
Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange station.
B. 
Subzone B. All uses permitted in Subzone A, with the exception of restaurants, recreational uses both public and private, overnight accommodations, retail sales and services and department store establishments, are permitted in Subzone B.
In addition, work/live units, subject to the following standards:
1. 
The work/live unit shall be designed as a room or suite of rooms that are internally connected maintaining a common household that includes: (a) cooking space and sanitary facilities that satisfy the provisions of the International Building Code, and (b) adequate working space reserved for, and regularly used by, one or more persons residing therein. A work/live unit is intended to accommodate a primary nonresidential activity with an accessory residential component.
2. 
Allowed Uses Within the Nonresidential Space of a Work/Live Unit. Permitted uses as described in this subsection B, except that warehousing uses must be of a commercial nature and not for personal use.
3. 
Facilities to Accommodate Commercial or Industrial Activities. A work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the certificate of occupancy and pursuant to all applicable requirements in BMC Title 15.
4. 
Changes in Use. After approval, a work/live unit shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed unless in conformance with subsections (B)(6) and (B)(7) of this section. Conversion of the residential space to nonresidential space shall require a permit and review for consistency with the International Building Code.
5. 
Each work/live unit shall be occupied by a business with a valid and active business license to operate at the unit. A unit cannot be used exclusively for residential purposes.
6. 
One work/live unit is allowed per business on the project site.
7. 
Within each work/live unit, the living area shall not exceed the lesser of one-third of the total floor area of the unit or 1,500 square feet.
8. 
The residential component of the work/live unit shall be occupied by the property owner, the business owner, or an employee of the licensed business operating at the work/live unit.
9. 
No portion of a work/live unit may be sold separately. Any lease or rental of the residential component is restricted to the persons identified in subsection (B)(8) of this section.
10. 
Before obtaining a certificate of occupancy for a work/live unit, the property owner shall file with the Whatcom County auditor a declaration of restrictions stating the following:
a. 
The work/live unit is subject to the standards contained in subsections (B)(1) through (9) of this section.
b. 
The property is situated on lands designated for manufacturing use and located in a nonresidential facility that allows commercial and/or industrial activities that may generate odors, truck traffic, vibrations, noise and other impacts at levels and during hours that residents may find disturbing. These nonresidential activities, when performed in accordance with local, state and federal law, shall not be subject to legal action as a public nuisance unless the activity has a substantial adverse effect on the public health and safety.
c. 
The restrictions shall be provided to prospective tenants before a work/live unit or property is rented or leased.
d. 
The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement and/or revoking the occupancy or use permit.
e. 
The deed restrictions shall lapse upon removal of the work/live unit.
11. 
To avoid impacts that result from adjacent dissimilar land uses, work/live units located adjacent to a property in the manufacturing zoning district shall provide a 15-foot-wide landscaping screen along the common property line, which shall be planted as follows:
a.
Six-foot-tall evergreen trees planted six-foot on-center on the interior side of the landscaping area;
b.
Five-gallon evergreen shrubs planted six-foot on-center on the exterior side of the landscaping area;
c.
Four inches of uniform bark mulch.
The director may grant a modification to this screening standard only if the director finds that the following requirements are met:
a.
The existing topography or other characteristics of the subject property or the adjoining property, or the distance of development from the neighboring property decreases or eliminates the need for buffering; or
b.
The location of preexisting improvements on the adjoining site eliminates the need or benefit of the required landscape buffer; or
c.
The modification will provide a visual screen that is comparable or superior to the buffer required for the work/live unit.
12. 
Work/live units are subject to parking provisions of Chapter 17.126 BMC.
13. 
Required Findings. The approval of a work/live unit shall require that the review authority first make all of the following findings:
a. 
The proposed use of each work/live unit is an industrial or commercial activity permitted within the zone consistent with subsection (B)(2) of this section (Allowed Uses Within the Nonresidential Space of a Work/Live Unit);
b. 
The establishment of work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; and
c. 
The building containing work/live units and each work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations.
C. 
Subzone C. All uses permitted in Subzone B, with the exception of warehousing/storage and processing and shipping terminals, are permitted in Subzone C.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; A(2), 2011; Ord. 2793 § 2 Exh; Ord. 2879 § 1 (Exh. A § 3), 2016; Ord. 2957 § 1 (Exh. A), 2021; Ord. 25-3035, 9/8/2025)

§ 17.14.030 Accessory uses.

A. 
Subzone A. In that area of the manufacturing district north of Boblett Street and west of Ludwick Avenue, permitted accessory uses are cafeterias, offices which are not part of a business park development, and caretaker or security residences.
B. 
Subzone B. In areas of the manufacturing district not included in Subzone A or Subzone C, permitted accessory uses are cafeterias, overnight accommodations, restaurants, offices which are not part of a business park, and caretaker or security residences.
C. 
Subzone C. In that area of the manufacturing district, all accessory uses permitted in Subzone B are permitted accessory uses in Subzone C, except the following regulations shall apply. Warehousing/storage shall be a permitted accessory use only as incidental and in conjunction with a permitted use, subject to review and approval of the city. Processing and shipping terminals shall be a permitted accessory use only in conjunction with manufactured goods produced at the same site.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.040 Conditional uses.

A. 
Overnight accommodations and restaurants.
B. 
Recreational vehicle parks as described in BMC § 17.108.060.
(Ord. 2554 § 3, 2003; Ord. 2577 § 5, 2004; Ord. 2628 § 2, 2006; Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.050 Minimum lot size.

There is no minimum lot size in the manufacturing district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.060 Setbacks.

The minimum setback requirements in the manufacturing district are:
A. 
Property Lines Abutting Rights-of-Way. No building or structure shall be located closer than 20 feet from the street right-of-way;
B. 
Property Lines Abutting Odell Street Right-of-Way. No building or structure shall be located closer than 25 feet from the Odell Street right-of-way;
C. 
Property lines abutting adjacent properties. Unless otherwise allowed in this chapter, no building or other structure shall be closer than 10 feet from adjacent property lines. Heavy impact industrial uses and buildings shall be set back 25 feet from adjacent property lines;
D. 
For buildings in excess of 35 feet tall, an additional one foot of setback shall be required for each foot of height in excess of 35 feet;
E. 
When abutting a residential, commercial, or public district, setbacks shall be 25 feet or one foot for each foot of height of the structure nearest the side lot line, whichever is greater;
F. 
The administrator may average or reduce setbacks up to 50 percent of their standard requirements if it can be demonstrated that site-specific conditions preclude utilization of the parcel in a manner typical of a standard parcel in this district; provided, it can be demonstrated that there will be no impact to adjacent properties.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2745 § 2 (Exh. A), 2009; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.070 Building height.

Maximum building height in the manufacturing district is 50 feet. Requirements for structures in excess of 50 feet shall be considered on an individual basis. Applications for exceeding the height limit shall be reviewed by the review authority, with a recommendation to the city council for approval or disapproval.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.080 Lot width.

The minimum lot width in the manufacturing district is 60 feet.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.090 Off-street parking.

Parking requirements are defined in Chapter 17.124 BMC, Parking and Loading, with the following exception:
A. 
The number of stalls required for off-street parking for recreational uses, both public and private, is reduced to the minimum necessary to serve the development, as determined by the Administrator.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2957 § 1 (Exh. A), 2021; Ord. 25-3035, 9/8/2025)

§ 17.14.100 Revenue/expenditure analysis.

The city council may, upon recommendation from the review authority, require applicants for significant manufacturing proposals to prepare a revenue/expenditure analysis which would show costs to the city versus benefits of the project.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.120 Emission performance standard.

Levels of emissions of smoke, dust and other particulate matter, toxic and noxious gases in the manufacturing district are not to exceed standards set by the Northwest Air Pollution Authority and all state and federal standards. The standards mentioned in this section are to be current and copies are to be on file at City Hall.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.130 Vibration performance standard.

Every use in the manufacturing district shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond any district boundary in which the use is located.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.140 Heat, glare and steam performance standard.

Any activity in the manufacturing district producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare does not create a nuisance beyond the boundary lines of the district within which the use is located. Building materials with light-reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall be hooded or shaded so that direct light from high-intensity lamps will not result in glare upon surrounding areas or cast light upon any residential use or street area.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.150 Noise performance standard.

Sound levels in the manufacturing district are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the Department of Ecology.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.160 Fire and explosive hazard performance standard.

The manufacture, use or processing of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in the manufacturing district only in accordance with state and local regulations for fire prevention and protection.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.170 Waste disposal performance standard.

Disposal of wastes in the manufacturing district shall be subject to regulations of the State Health Department and local, state and federal pollution controls.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.180 Radiation performance standard.

Emissions of ionizing radiation in the manufacturing district must comply with all standards established by the U.S. Nuclear Regulatory Commission and the State Department of Social and Health Services.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.190 Erosion performance standard.

No erosion, by either wind or water, shall be permitted in the manufacturing district which will carry increased volumes of sediments or objectionable substances into or through neighboring properties.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.200 Electrical disturbance performance standard.

No activity except for electrical transmission lines or facilities shall emit electrical disturbance in the manufacturing district adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location or site of the use creating such disturbance.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.14.210 Performance standard enforcement.

A. 
If, in the opinion of the director, a violation of performance standards (BMC § 17.14.120 through 17.14.200) has occurred, the director shall send written notice of the violation by certified mail to the owners of the property and the manager of the operation involved. The manager or responsible person shall have 30 days to correct the violation, unless in the opinion of the director there is imminent peril to the life and/or property of persons adjacent to the alleged violation, in which case the violation shall be corrected immediately.
B. 
Where determinations of violation can be made by the director, using equipment normally available to the city or obtainable without additional expenditure to the city, such determination shall be made before notice of violation is issued.
C. 
When technical complexity or expense makes it prohibitive for the city to maintain the personnel or equipment necessary to make the determination of violation, then the city shall retain appropriately qualified specialists to make the determination. If these findings indicate a violation of the performance standards, the cost of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other penalties prescribed by this division. If no violation is found, the cost of determination shall be paid by the city.
D. 
Prior to approval of zoning, subdivision or building permits for potentially hazardous uses, the approval authority shall require submission of statements and plans indicating the manner in which potentially dangerous and/or objectionable elements are to be eliminated or reduced to acceptable limits and tolerances.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2900 § 1 (Exh. A), 2017; Ord. 2957 § 1 (Exh. A), 2021; Ord. 2970 § 1 (Exh. A), 2021)

§ 17.14.220 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007; Ord. 2957 § 1 (Exh. A), 2021)

§ 17.20.010 Purpose.

A. 
The marine planned recreation (MPR) district is established in recognition of the unique and irreplaceable nature of certain marine sites within Blaine, and creates a special overlay district for areas within the marine recreation district providing for the establishment of such public-oriented, tourist-related uses as marinas, boat docking facilities, recreation-oriented residential, hotel and overnight accommodations, conference facilities, restaurants and small specialty retail. A balance of uses in this overlay district is intended to serve recreational, tourist, and conference mixed use activities where orientation and access to the water is a prime public amenity and to encourage retention of existing historical structures. The performance standards in the overlay district require the preparation of an overall master plan for the development which responds to the use, historic preservation and circulation provisions of the comprehensive plan and provides a guide to phasing of the project.
B. 
The purposes of this planned approach are the same as those in a planned unit development, Chapter 17.68 BMC. Developments under this chapter shall be subject to the procedures for application and approval described in Chapter 17.68 BMC.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012)

§ 17.20.020 Permitted uses.

The uses in the marine planned recreation district must be of a similar magnitude (size, impact) so as to provide a balance between them. An approved combination of at least four of the following uses is required:
A. 
Private and public marinas with recreational and boat moorage and docking, boat repair facilities, boat and equipment sales and services;
B. 
Hotel and overnight accommodations;
C. 
Small-scale retail and/or specialty shops, excluding gambling operations;
D. 
Eating and drinking establishments;
E. 
Conference facilities;
F. 
Attached residential units either operated as a hotel or not;
G. 
Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange station.
(Ord. 2549 § 2, 2003; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; A(2), 2011; Ord. 2793 § 2 Exh)

§ 17.20.030 Permitted accessory uses.

Accessory uses permitted in the marine planned recreation district are as follows: historic museums and interpretive centers; athletic facilities including indoor and outdoor swimming pools, gymnasiums and courts; seaplane docking and helicopter landing pads; offices, warehouses and shop facilities directly related to the uses within the district; and fish processing plants and shipping facilities. Those other uses determined by the review authority (in the SEPA or shoreline management application process) are to be accessory to the primary tourist/marine-oriented uses.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.040 Bonuses.

Increased density, height and attached residential units not operated as a hotel are allowed in the marine planned recreation district only if an approved combination of the following public benefits are provided:
A. 
Permanent public access to the shoreline is provided;
B. 
Development, operation and maintenance participation in a cross-water connection to downtown Blaine;
C. 
Significant proportion of required parking is placed on the uplands;
D. 
Shuttle service is provided to connect the cross-water dock, hotel, conference facility, and county park with activities on the uplands;
E. 
Priority structures (buildings, piers, and ways) eligible for National Historic Register are preserved;
F. 
Majority of other existing structures are retained;
G. 
Exemplary landscaping and architectural design which retains natural marine-oriented character of the area.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.050 Master plan standards.

A. 
An overall master plan for the developments within the planned district must be approved prior to the issuance of any development permits on the site. If the entire area of the marine recreation district is not included in the master plan, the relationship to existing uses or areas not included must be indicated and considered in the master plan. If the area of developed property (or approved applications) at the time of application is less than 25 percent of the total area of the district, property can be included in the planned district and used for purposes of calculating bonuses. This percentage of developed area can be increased up to 40 percent at the discretion of the review authority. Permits for first phase actions can be processed as a planned unit development at the same time as the overall master plan at the discretion of the city review authority. Projects must be consistent with the overall master plan for the district and cannot receive additional density bonuses as provided in Chapter 17.68 BMC. The plan shall describe the following:
1. 
Proposed uses and their extent and general location on the site;
2. 
Circulation and access, both vehicular and pedestrian;
3. 
Provisions for public services, utilities and facilities;
4. 
Parking with a phased parking management plan, including consideration of the county park;
5. 
General landscaping, buffer and screening consistent with the unique natural setting and proximity to the county park;
6. 
Compatibility with a marine setting and the historic structures in the design and scale of structures, type of building materials, lighting and signs;
7. 
Impact of development on the geologic structure of the spit;
8. 
Orientation to focal point or points or design themes;
9. 
Preservation of unique natural and historic features and buildings and consideration of views to and from the planned area through view corridors from the public road to the shoreline;
10. 
Unregulated and regulated public access to shorelines;
11. 
Relation to existing uses and provisions of the comprehensive plan;
12. 
Phasing of the development including at least the location, use, extent, or amount by each phase; general timing (ranges); opportunity for reviews at major milestones (i.e., 25 percent, 50 percent, 75 percent completion); relationship to development on the Blaine uplands; and reasonable security devices to assure projects approved in each phase are completed.
B. 
The plan shall contain reports, maps, sketches and supporting documents to adequately describe the applicant's proposal. The scope of the needed reports, and their process and schedule of review and approval would be established and monitored by the city. Written documents required for the master plan should include, but are not limited to, the following:
1. 
Statement of objectives to be achieved including a description of the overall development program, the character of the proposed development, the geographic area to be included, its relationship to its surroundings and the rationale behind the assumptions made by the applicant;
2. 
Description of existing site conditions including but not limited to topography, watercourses, soils, geologic conditions, unique natural and built features, forest cover and other items required to fully understand the site. Supplementary reports may be included for reference;
3. 
Written plan sections, plans and maps (at adequate scales), photographs, sketches or models necessary to describe the plan elements required in subsection A of this section;
4. 
Quantitative data by development parcels necessary to administer phased projects (i.e., parcel size, number and types of dwelling units or commercial facilities, density, lot coverage, open space, parking, etc.);
5. 
Economic feasibility studies or market analyses necessary to evaluate phasing proposals and fiscal impact on the city;
6. 
Implementation of the development including overall phasing, construction of public streets, facilities and utilities and description of security devices required to assure the project is completed as approved;
7. 
Description of applications necessary for the development;
8. 
Other documentation required by the review authority or city council.
C. 
An environmental checklist, as defined in the State Environmental Policy Act, will be done for the overall master program evaluating the impact of the above items.
D. 
Architectural and site design standards and project phasing will be prepared as part of the overall master plan.
E. 
In addition, uses in the marine planned recreation district shall conform to applicable performance standard and enforcement requirements contained in Chapter 17.14 BMC, Manufacturing Zoning District.
F. 
The review authority shall use the above criteria in review of master plans and projects in the marine planned recreation district and shall indicate results of the review in their recommendation to the city council.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012)

§ 17.20.060 Lot size.

There is no minimum lot size in the marine planned recreation district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.070 Minimum lot area.

No minimum lot area is assigned to the marine planned recreation district. It is the intent of this chapter that each development or activity be located on a site commensurate with its use, and of sufficient size to meet open space, parking, circulation, service and building requirements. Although each assigned site may not meet the approved land coverage, density, or parking requirements, the total site average must conform.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.080 Setback.

No building or structure in the marine planned recreation district shall be closer than 10 feet to a public right-of-way unless expressly allowed in the approved plan. No other side, rear or front yard setback is required except those set by the International Building Code.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.090 Land coverage.

Land coverage by buildings and all other impervious surfaces in the marine planned recreation district (excluding the main public road) shall not exceed the following percentages by subarea:
Subarea A (Tip of Spit/APA Buildings): 10+ acres – 90 percent land coverage.
If a majority of the historic structures and associated buildings are not retained, the land coverage for Subarea A shall be the same as for Subarea B.
Subarea B (Remainder of Spit/Marina): 40+ acres – 40 percent land coverage.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.100 Height.

Maximum height in the marine planned recreation district shall be determined by the applicable shoreline management master program regulations or 45 feet if no shoreline regulation is applicable, except that within 200 feet of a public park the height shall be limited to 25 feet.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.110 Lot width.

No minimum lot width is required in the marine planned recreation district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.120 Off-street parking.

Off-street parking in the marine planned recreation district shall be provided in accordance with specifications in Chapter 17.124 BMC. Requirements may be reduced for mixed use and defined circulation improvements and/or allowed to develop in adjacent residential districts through review authority approval.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.20.130 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)

§ 17.22.010 Subdistricts – Purpose.

The central business district consists of five subdistricts. The market, town portal, waterview and garden subdistricts are regulated herein. The subdistricts are established to respond to the varying needs across the downtown core. The fifth subdistrict, central business-wharf, is regulated elsewhere in this title.
A. 
The purpose of the central business-market subdistrict is to provide a commercial core to the downtown that allows a wide range of retail, service, municipal and tourism-related uses that includes residential uses that do not occupy street level, street fronting space.
B. 
The purpose of the central business-waterview subdistrict is to provide a commercial core to the downtown that allows a wide range of retail and service uses that focus on entertainment and includes residential uses that do not occupy street level, street fronting space.
C. 
The purpose of the central business-town portal subdistrict is to provide a dense residential area within the downtown that allows appropriate retail, service, municipal and tourism-related uses that accent the residential setting.
D. 
The purpose of the central business-garden subdistrict is to provide a residentially focused transition area between downtown and the adjacent single-family zones that allows a limited range of retail, service, and municipal uses that are generally lower impact than others allowed in the rest of the central business district.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.020 Uses.

Uses in the market, town portal, waterview and garden subdistricts shall be regulated by Table 17.22.A. Nonlisted uses may be considered under Chapter 17.92 BMC, Conditional Use Permits.
Table 17.22.A
P=Permitted
C=Conditional
N=Not Permitted
M
TP
WV
G
Single-Family Residence
N
N
N
P
Multifamily Residence: Occupying Non-Street Level Frontage
P
P
P
P
Multifamily Residence: Occupying Street Level Frontage
N
P
N
P
Personal and Professional Services
P
P
P
P
Eating and Drinking Establishments
P
P
P
C
Retail of New or Used Goods
P
P
P
P
Light Assembly (Products)
C
N
C
N
Art Studio/Gallery
P
P
P
P
Live-Work Spaces
P
P
C
P
Municipal Uses, Public Parking Lots and Parks
P
P
P
C
Assembly and Worship Halls
P
P
C
C
Hotels – w/ or w/o Eating and Drinking Establishments
P
P
P
C
Indoor Recreation and Entertainment
P
C
P
N
Financial Institutions
P
P
C
N
Private Schools
P
P
N
C
Offices
P
P
P
P
Mobile Food Services/Food Trucks
P
P
P
N
Nonaccessory Parking Lots/Garages – Commercial
C
C
N
N
Food or Beverage Production with On-Site Sales
P
C
P
C
Day Care Center, Adult or Child
P
P
C
P
Health Club/Fitness, Dance or Other Studio
P
P
C
P
Funeral Home
P
P
C
C
Gas Stations and Auto Repair Shops
N
N
N
N
Mail Handling/Personal Shipping and Receiving
P
C
N
N
Adult Entertainment
N
N
N
N
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.025 Conditional uses in the garden 36 and garden 48 districts.

The garden districts are created and specifically reserved for uses which can effectively, and with limited impact, blend with and enhance the residential setting. Consideration shall be given to traffic volumes, noise, hours of operation, odors, and the overall impact of these aspects of a commercial or public use in the districts when conditional use permits are considered. This is in addition to the provisions of Chapter 17.92 BMC, Conditional Use Permits.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.030 Market subdistrict standards.

Developments in the market subdistrict shall be regulated by Table 17.22.030.
Table 17.22.030
Market Subdistrict Dimensional Standards
Element
Standard
Reference
A. Building Placement
Setbacks (measured from foundation)
17.22.030a.tif
*Front and side street setbacks are based on the applicable block frontage standards set forth in BMC § 17.22.070.
Figure 17.22.030.A
Front (A)
0 – 10'
Rear (B)
0'
Side – Interior (C)
0'
Side – Street (D)
0 – 10'
B. Building Height and Massing
Minimum/maximum height
22'/48' or 60'
17.22.030b.tif
*Maximum height dictated by the official zoning map.
Figure 17.22.030.B
Facade articulation – Max. interval for nonresidential uses (see BMC § 17.22.080(D)(2))
40'
Maximum facade width
(see BMC § 17.22.080(D)(5))
100'
C. Lot Standards
There are no separate standards for minimum lot width or area or minimum or maximum building coverage. It is intended to let the block frontage, parking, and building design standards and property owner preferences dictate the design of lots and buildings.
D. Surface Parking Location
Surface parking areas may be located to the side or rear of buildings provided no more than 62' of street frontage is occupied by parking and vehicle access areas. Surface parking areas located between a building facade and the street are prohibited.
17.22.030c.tif
Figure 17.22.030.D
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.040 Town portal subdistrict standards.

Developments in the town portal subdistrict shall be regulated by Table 17.22.040.
Table 17.22.040
Town Portal Subdistrict Dimensional Standards
Element
Standard
Reference
A. Building Placement
Setbacks (measured to foundation)
Front (A)
0 – 10'
17.22.040a.tif
*Front and side street setbacks are based on the applicable block frontage standards set forth in BMC § 17.22.070.
Figure 17.22.040.A
Rear (B)
0'
Side – Interior (C)
0'
Side – Street (D)
0 – 10'
B. Building Height and Massing
Maximum/minimum height
22'/60'
17.22.040b.tif
Figure 17.22.040.B
Facade articulation – Max. interval for nonresidential uses (see BMC § 17.22.080(D)(2))
40'
Maximum facade width
(see BMC § 17.22.080(D)(5))
120'
C. Lot Standards
There are no separate standards for minimum lot width or area or minimum or maximum building coverage. It is intended to let the block frontage, parking, and building design standards and property owner preferences dictate the design of lots and buildings.
D. Surface Parking Location
Surface parking areas may be located to the side or rear of buildings. Parking areas located between a building facade and the street are prohibited.
17.22.040c.tif
Figure 17.22.040.D
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.050 Waterview subdistrict standards.

Developments in the waterview subdistrict shall be regulated by Table 17.22.050.
Table 17.22.050
Waterview Subdistrict Dimensional Standards
Element
Standard
Reference
A. Building Placement
Setbacks (measured to foundation)
Front (A)
0 – 15'
17.22.050a.tif
*Front and side street setbacks are based on the applicable block frontage standards set forth in BMC § 17.22.070.
Figure 17.22.050.A
Rear (B)
0'
Side – Interior (C)
0'
Side – Street (D)
0 – 15'
B. Building Height and Massing
Maximum height
48'
17.22.050b.tif
Figure 17.22.050.B
Facade articulation – Max. interval for nonresidential uses (see BMC § 17.22.080(D)(2))
30'
Maximum facade width
(see BMC § 17.22.080(D)(5))
100'
C. Lot Standards
There are no separate standards for minimum lot width or area or minimum or maximum building coverage. It is intended to let the block frontage, parking, and building design standards and property owner preferences dictate the design of lots and buildings.
D. Surface Parking Location
Parking location standards vary based on the designation of the fronting street (see Figure 17.22.070.F for map).
Storefront or Mixed
Rear
Surface parking areas may be located to the side or rear of buildings provided no more than 62' of street frontage is occupied by parking and vehicle access areas. See Figure 17.22.030.D.
Landscaped
Side, rear
Surface parking areas may be located to the side or rear of buildings. Parking areas located between a building facade and the street are prohibited. See Figure 17.22.040.D.
(Ord. 2912 § 1 (Exh. A), 2018; Ord. 3019 § 1 (Exh. A), 2024)

§ 17.22.060 Garden subdistrict standards.

Developments in the garden subdistrict shall be regulated by Table 17.22.060.
Table 17.22.060
Garden Subdistrict Dimensional Standards
Element
Standard
Reference
A. Building Placement
Setbacks (measured to foundation)
Front (A)
0 – 15'
17.22.060a.tif
*Front and side street setbacks are based on the applicable block frontage standards set forth in BMC § 17.22.070.
**5' minimum, except 10' for structures three stories or taller.
Figure 17.22.060.A
Rear (B)
0 – 30'
Side – Interior (C)
5 – 10'
Side – Street (D)
0 – 15'
B. Building Height and Massing
Minimum/maximum height
22'/36 – 48'
17.22.060b.tif
* Maximum height dictated by the official zoning map.
Figure 17.22.060.B
Facade articulation – Max. interval for nonresidential uses (see BMC § 17.22.080(D)(2))
30'
Maximum facade width
(see BMC § 17.22.080(D)(5))
90'
C. Lot Standards
There are no separate standards for minimum lot width or area or minimum or maximum building coverage. It is intended to let the block frontage, parking, and building design standards and property owner preferences dictate the design of lots and buildings.
D. Surface Parking Location
Parking location standards vary based on the designation of the fronting street (see Figure 17.22.070.F for map).
Mixed
Side, rear
Parking may be located to the side of buildings provided no more than 62' of street frontage is occupied by parking and vehicle access areas. See Figure 17.22.030.D.
Landscaped
Side, rear
Surface parking areas may be located to the side or rear of buildings. Parking areas located between a building facade and the street are prohibited. See Figure 17.22.040.D.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.070 Block frontage standards.

A. 
Purpose. This section identifies the permitted frontage types per applicable block frontage designation, and provides standards for each frontage type to ensure that new development relates to the street and reinforces the existing and desired development frontage patterns in the CBD.
B. 
Applicability and Compliance. The provisions herein apply to all new development. Building additions must meet applicable building design standards. For remodels, improvements may not increase any existing nonconforming material or design elements. For example, any remodel to an older facade that doesn't meet current facade transparency requirements may not propose changes that increase the transparency nonconformity.
C. 
Permitted Frontage Types. The chart below illustrates the range of block frontages that are permitted for each block frontage designation as referenced in the map in Figure 17.22.070.F.
Table 17.22.070.C
Permitted Frontage Types
Block Frontage Designation
Frontage Type
Storefront
Mixed
Landscaped
Storefront
17.22.070a.tif
Stoop
17.22.070b.tif
Light Court
17.22.070c.tif
Terraced Yard
17.22.070d.tif
Common Yard
17.22.070e.tif
Fenced Yard
17.22.070f.tif
D. 
About the Transparency Standards. All frontage types contain distinct minimum facade transparency standards. The purpose of these standards is to maintain "eyes on the street" for safety and create a welcoming pedestrian environment. Table 17.22.070.D below includes details in how they are measured.
Table 17.22.070.D
Clarification of Transparency Standards
Transparency Zones
Storefront
17.22.070g.tif
The transparency zone is on the ground floor between 30" and 10' above sidewalk grade
Ground floor nonresidential and nonstorefront
17.22.070h.tif
The transparency zone is between 30" and 8' above grade
Residential buildings and residential portions of mixed-use buildings
17.22.070i.tif
All vertical surfaces of the facade are used in the calculations
Other Transparency Provisions
Windows Must Be Transparent
Ground level window area for storefront uses that is covered, frosted, or perforated in any manner that obscures visibility into the building must not count as transparent window area.
Exception: Window signs conforming with Chapter 17.122 BMC may be counted as transparent window area.
Blaine17.18.14.020.tif
Blaine17.18.14.021.tif
Display Windows
Display windows may be used for up to 50% of nonresidential transparency requirements provided they are at least 30" deep to allow changeable displays and the interior wall is nonstructural so it can be removed if the windows are not used for display. Exterior display cases, as in the far right example, don't qualify as transparent window area.
17.22.070l.tif
Integrated display windows
Blaine17.18.14.023.tif
Exterior display cases
E. 
Departures. The frontage type standards include strategic departure opportunities that are designated with the ➲ symbol. A departure allows for alternative designs provided they meet the intent of the standards and any special departure criteria.
F. 
Block Frontage Map. Figure 17.22.070.F below includes three distinct block frontage designations for the central business district that dictate what frontage types are permitted on a block-by-block basis.
Figure 17.22.070.F
CBD Block Frontage Designation Map
17.22.070n.tif
G. 
Block Frontage Type Standards. Tables 17.22.070.G.1 through 17.22.070.G.6 include standards for six block frontage types that are allowed in the CBD.
1. 
Storefront Standards. See Table 17.22.070.G.1 for applicable standards.
Table 17.22.070.G.1
Storefront Standards
Storefronts are commercial building facades located adjacent to a public sidewalk.
17.22.070o.tif
17.22.070p.tif
Dimensions
Transparency
A. At least 70% of transparency zone ➲
Weather Protection
B. 6' deep (min.) ➲
C. Along 80% of frontage (min.) ➲
D. Placed between 8 – 15' above sidewalk
Floor to Ceiling Height
E. 15' minimum ➲
Sidewalks
F. 12' wide minimum ➲
Facade Height
G. 22' minimum ➲
Storefront Uses
Nonresidential uses are required on ground floor block frontages to a minimum depth of 20 feet ➲. Lobbies for residential uses are an exception.
Building Entrances
Primary building entrances must face the street. For corner buildings, primary entrances may face the street corner.
Window Sill Walls
Storefront windows must be placed on sill walls between 12 – 30" high. Transparent, opening-wall style doors, such as garage doors, that are functional and can be opened are an exception to this standard.
Examples
17.22.070q.tif
17.22.070r.tif
17.22.070s.tif
2. 
Stoop Standards. See Table 17.22.070.G.2 for applicable standards.
Table 17.22.070.G.2
Stoop Standards
Stoops are elevated platform entryways situated close to the sidewalk. The elevated stoop design increases privacy for the dwelling unit. Steps or ramps that lead to the stoop platform may be placed in front or to the side of the platform.
17.22.070t.tif
17.22.070u.tif
Dimensions
Platform
A. 0 – 36" tall ➲
B. 6' minimum depth
C. 6' minimum width
Railing
D. 36 – 42" height
Transparency
E. Nonresidential: At least 25% of transparency zone ➲;
Residential: At least 15% of transparency zone ➲
Weather Protection
F. 3' deep (min.) over width of building entry
G. Placed between 8 – 15' above platform
Building entries must be visible from the street.
Railing Design. Railings facing the sidewalk that extend more than 48" over the sidewalk must be designed with a minimum of 50% transparency (no solid walls). ➲ Alternative designs will be considered provided the design of railings adds visual interest to the streetscape.
Examples
17.22.070v.tif
17.22.070w.tif
17.22.070x.tif
3. 
Lightcourt Standards. See Table 17.22.070.G.3 for applicable standards.
Table 17.22.070.G.3
Lightcourt Standards
Lightcourts are sunken courts recessed from the sidewalk. Lightcourts are often designed in tandem with stoops to allow two floors to have street/sidewalk access.
17.22.070y.tif
17.22.070z.tif
Dimensions
Lightcourt Base
A. 0 – 5' recessed ➲
B. At least 10' deep ➲
C. At least 10' wide
Railing
D. 36 – 42" height
Transparency
E. Nonresidential: At least 25% of transparency zone ➲;
Residential: At least 15% of transparency zone ➲
Weather Protection
F. 3' deep (min.) over width of building entry
G. Placed between 8 – 15' above
lightcourt base
Building entries must be visible from the street.
Railing Design. Railings may be solid or transparent.
Examples
17.22.070aa.tif
17.22.070bb.tif
17.22.070cc.tif
4. 
Terraced Yard Standards. See Table 17.22.070.G.4 for applicable standards.
Table 17.22.070.G.4
Terraced Yard Standards
Terraced yards feature raised lawns or planting beds that separate buildings from sidewalks.
17.22.070dd.tif
17.22.070ee.tif
Dimensions
Terrace Wall
A. 0 – 36" tall ➲
Building Setback
B. 5' minimum (see subdistrict standards for maximum setback)
Transparency
C. Nonresidential: At least 25% of transparency zone ➲;
Residential: At least 15% of transparency zone ➲
Weather Protection
D. 3' deep (min.) over width of building entry
E. Placed at least 8' above grade
Building entries must be visible from the street.
Examples
17.22.070ff.tif
17.22.070gg.tif
17.22.070hh.tif
5. 
Common Yard Standards. See Table 17.22.070.G.5 for applicable standards.
Table 17.22.070.G.5
Common Yard Standards
Common yard refers to landscaped frontages placed generally at grade along sidewalks.
17.22.070ii.tif
17.22.070jj.tif
Dimensions
Building Setback
A. 5' minimum (see subdistrict standards for maximum setback)
Transparency
B. Nonresidential: At least 25% of transparency zone ➲;
Residential: At least 15% of transparency zone ➲
Weather Protection
C. 3' deep (min.) over width of building entry
D. Placed at least 8' above grade
Building entries must be visible from the street.
Examples
17.22.070kk.tif
17.22.070ll.tif
17.22.070mm.tif
6. 
Fenced Yard Standards. See Table 17.22.070.G.6 for applicable standards.
Table 17.22.070.G.6
Fenced Yard Standards
Fenced yards feature landscaped or patio frontages separated from the sidewalk by a low level fence.
17.22.070nn.tif
17.22.070oo.tif
Dimensions
Fence
A. 36 – 42" tall
Building Setback
B. 5' minimum (see subdistrict standards for maximum setback)
Transparency
C. Nonresidential: At least 25% of transparency zone ➲;
Residential: At least 15% of transparency zone ➲
Weather protection
D. 3' deep (min.) over width of building entry
E. Placed at least 8' above grade
Building entries must be visible from the street.
Fence Design. Fences may be solid or transparent.
Examples
17.22.070pp.tif
17.22.070qq.tif
7. 
Departure Criteria. Departures from the standards in Tables 17.22.070.G.1 through 17.22.070.G.6 that feature the ➲ symbol will be considered provided the alternative proposal meets the purpose of the standards and the following criteria:
a. 
Facade Transparency. The proposed alternative design treatment of facade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. For storefronts, no more than 35 percent of the building's required transparency zone may be approved with a departure.
b. 
Weather Protection. Other proposed alternative design treatments must provide equivalent weather protection benefits or the design of alternative weather protection elements provide acceptable tradeoffs (such as reduced conflicts with existing street trees).
c. 
Floor to Ceiling Height. Reduced heights still create floor area that is usable for a great range of permitted uses.
d. 
Retail Space Depth. Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space are viable for a variety of permitted retail uses.
e. 
Sidewalk Width. Alternative designs may be considered where topographical challenges exist or where adjacent buildings are sited closer to the street and create an awkward setback. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic anticipated for the development.
f. 
Platform Height and Lightcourt Base Levels. Alternative height/locations may be approved where they don't create blank walls facing the street or where they do not create unsafe or unusable spaces due to the depth or width challenges of the space.
g. 
Terrace Heights. Taller terrace heights may be approved where the design of such terraces adds visual interest to the streetscape.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.080 Building design standards.

A. 
Purpose. The purpose of this section is to ensure that new development in the CBD reinforces and enhances the historical character of the area.
B. 
Applicability and Compliance. The provisions herein apply to all new development except single-family homes. Building additions must meet applicable building design standards. For remodels, improvements may not increase any existing nonconforming material or design elements.
C. 
Departures. The building design standards include strategic departure opportunities that are designated with the ➲ symbol. A departure allows for alternative designs provided they meet the purposes of the standards and any special departure criteria.
D. 
Building Massing and Articulation.
1. 
Purpose. To employ facade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales.
2. 
Facade Articulation – Nonresidential. Storefronts and other buildings with nonresidential uses on the ground floor must include articulation features at maximum intervals specified in each zoning subdistrict in BMC § 17.22.030 through 17.22.060 to reinforce downtown's human-scaled storefront pattern. These standards apply to all street facing facades and residential zone edge building elevations. At least three of the following features must be employed at intervals no greater than the district-specified articulation limit:
a. 
Window patterns and/or entries.
b. 
Use of weather protection features.
c. 
Use of vertical piers/columns.
d. 
Change in roofline per subsection (D)(6) of this section.
e. 
Change in building material.
f. 
Articulation of a single building material through varying colors, textures. Changes in color must be separated by trim, joints, or other material/design features that help to provide an effective articulation transition.
g. 
Other design techniques that effectively reinforce a human-scaled pattern compatible with the building's surrounding context.
Other features that could be used to meet the standards on nonstorefront frontages:
h. 
Vertical elements such as a trellis with plants, green wall, art element.
i. 
Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection (D)(6) of this section or a change in building material, siding style, or color.
➲ Departures to the above standards will be considered provided they meet the purpose of the standards and the design criteria set forth in subsection (D)(4) of this section.
Figure 17.22.080.D.2
Facade Articulation Example
17.22.080a.tif
3. 
Facade Articulation – Residential. Residential buildings must include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every 30 feet) to break up the massing of the building and add visual interest and compatibility to the surrounding context. These standards apply to all street facing facades and residential zone edge building elevations. At least three of the following features must be employed at intervals no greater than the unit interval or 30 feet (whichever is less):
a. 
Use of windows and/or entries.
b. 
Change in roofline per subsection (D)(6) of this section.
c. 
Change in building material, siding style, and/or window pattern.
d. 
Use of vertical columns or piers.
e. 
Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline modulation per subsection (D)(6) of this section or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least 18 inches. Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the purpose of the standards.
f. 
Articulation of a single building material through varying colors, textures. Changes in color must be separated by trim, joints, or other material/design features that help to provide an effective articulation transition.
g. 
Vertical elements such as a trellis with plants, green wall, art element.
h. 
Other design techniques that effectively break up the massing at no more than the unit interval or 30 feet (whichever is less).
➲ Departures to the above standards will be considered provided they meet the purpose of the standards and the design criteria set forth in subsection (D)(4) of this section.
Figure 17.22.080.D.3
Residential Facade Articulation Example
17.22.080b.tif
4. 
Departure Criteria Associated with Articulation Standards. Proposals must meet the purpose of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the "purpose":
a. 
Consider the type and width of the proposed articulation treatment and how effective it is in meeting the purpose given the building's current and desired context (per Blaine's comprehensive plan).
b. 
Consider the size and width of the building. Smaller buildings warrant greater flexibility than larger buildings.
c. 
Consider the quality of facade materials in concert with doors, windows, and other facade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
5. 
Maximum Facade Width. New buildings wider than the specified maximum facade width for the applicable subdistrict in BMC § 17.22.030 through 17.22.060 must include at least one of the following features to break up the massing of the building and add visual interest. Building walls facing alleys, rear or side setbacks are not subject to the standards herein, except for zone edge properties, when adjacent to a lower intensity subdistrict.
a. 
Provide vertical building modulation at least six feet deep and 20 feet wide. For multistory buildings, the modulation must extend through more than one-half of the building floors.
b. 
Use of a contrasting vertical modulated design component featuring the following:
i. 
Utilizes a change in building materials that effectively contrast from the rest of the facade.
ii. 
Component is modulated vertically from the rest of the facade by an average of six inches.
c. 
Facade employs building walls with contrasting articulation that make it appear like multiple distinct buildings. To qualify for this option, these contrasting facades must employ all of the following:
i. 
Different building materials and/or configuration of building materials.
ii. 
Contrasting window design (sizes or configurations).
➲ Departures designs will be considered provided the design meets the purpose of the standards. Supplemental consideration for approving alternative designs:
(i) 
Width of the Facade. The larger the facade, the more substantial articulation/modulation features need to be.
(ii) 
The type of articulation treatment and how effective it is in meeting the purpose given the building's context.
Figure 17.22.080.D.5
Illustrating Maximum Facade Width Standards
X = Specified maximum facade width for each zoning subdistrict per BMC § 17.22.030 through 17.22.060.
17.22.080c.tif
Less than subdistrict specified maximum facade width: Meets standard.
17.22.080d.tif
More than subdistrict specified maximum facade width: Does not meet standard.
17.22.080e.tif
Building incorporates a 20' x 30' courtyard along the facade (subsection (5)(c)(i) of this section) to effectively break it up into smaller components: Meets standard.
Figure 17.22.080.D.5
Examples of Buildings That Would Comply with Maximum Facade Width Standards
17.22.080f.tif
The middle articulation feature is an effective contrasting vertical modulated design component. While it technically wouldn't meet all of the provisions under subsection (5)(b) of this section, the contrasting materials and designs would qualify as a good departure example.
17.22.080g.tif
This building provides vertical building modulation at least 10 feet deep and 30 feet wide. The changes in materials and roofline modulation also help.
6. 
Roofline Modulation. Roofline modulation is not required on all buildings. However, it can be used as one of the facade articulation features in subsections (D)(2) and (3) of this section. In order to qualify as an articulation feature, rooflines must employ one or more of the following:
a. 
For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsections above. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
b. 
A pitched roofline or gabled roofline segment of at least 20 feet in width. Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
c. 
A combination of the above.
➲ Departures designs will be considered provided the roofline modulation design effectively reduces the perceived scale of the building and adds visual interest.
Figure 17.22.080.D.6
Acceptable Examples of Roofline Modulation
17.22.080h.tif
17.22.080i.tif
Roofline modulation examples for flat roofs.
17.22.080j.tif
17.22.080k.tif
The left building illustrates a pitched roof example and the right building includes a combination of flat and gabled rooflines.
E. 
Building Entries, Details and Window Design.
1. 
Purpose.
a. 
To emphasize common building entries as a prominent design element of buildings.
b. 
To encourage the incorporation of design details and small-scale elements into building facades that are attractive at a pedestrian scale.
c. 
To integrate window design that adds depth, richness, and visual interest to the facade and reinforces the historic character of Blaine's CBD.
2. 
Building Entries.
a. 
The primary building entrance for an office building, hotel, public or community-based facility, or other commercial building, must be designed as a clearly defined and demarcated standout architectural feature of the building. Such entries must easily be distinguishable from any individual storefront entrances that may be on the same building. The scale of the entry features must be sized proportional to the size of the building. See Figure 17.22.080.E.2.a for examples.
b. 
Ground floor residential units facing the street must have a separate individual building entry accessible from the street.
Figure 17.22.080.E.2.a
Good Entry Examples
17.22.080l.tif
17.22.080m.tif
17.22.080n.tif
3. 
Facade Details – Nonresidential and Mixed-Use Buildings. All buildings must employ at least one detail element from each of the three categories below for each facade facing a street or public space for each facade articulation interval (see subsection (D)(2) of this section).
a. 
Window and/or entry treatment, such as:
i. 
Display windows divided into a grid of multiple panes.
ii. 
Transom windows.
iii. 
Roll-up windows/doors, or other openable "wall."
iv. 
Other distinctive window treatment that meets the purpose of the standards.
v. 
Recessed entry.
vi. 
Decorative door.
vii. 
Other decorative or specially designed entry treatment that meets the purpose of the standards.
Figure 17.22.080.E.3.a
Examples of Decorative or Specially Designed Windows and Entries
Blaine17.18.14.068.tif
Blaine17.18.14.069.tif
Blaine17.18.14.070.tif
Blaine17.18.14.071.tif
Blaine17.18.14.072.tif
Blaine17.18.14.073.tif
Examples of decorative or specially designed windows and entries. A = Openable storefront window. B = Transom windows. C = Openable window with decorative details. D = Decorative window shades. E = Decorative door and frame. F = Recessed entry.
b. 
Building elements and facade details, such as:
i. 
Custom-designed weather protection element such as a steel canopy, cloth awning, or retractable awning.
ii. 
Decorative building-mounted light fixtures.
iii. 
Bay windows, trellises, towers, and similar elements.
iv. 
Decorative, custom hanging sign(s) (option only available for building remodels).
v. 
Other details or elements that meet the purpose of these standards.
Figure 17.22.080.E.3.b
Examples of Attached Elements That Enhance the Visual Intrigue of the Building
Blaine17.18.14.074.tif
Blaine17.18.14.075.tif
Blaine17.18.14.076.tif
Examples of elements attached to facades that enhance the visual intrigue of the building. A = Retractable awning. B = Custom decorative canopy. C = Decorative tower.
c. 
Building materials and other facade elements, such as:
i. 
Use of decorative building materials/use of building materials. Examples include decorative use of brick, tile, or stonework.
ii. 
Artwork on building (such as a mural) or bas-relief sculpture.
iii. 
Decorative kick-plate, pilaster, base panel, or other similar feature.
iv. 
Hand-crafted material, such as special wrought iron or carved wood.
v. 
Other details that meet the purpose of the standards.
Figure 17.22.080.E.3.c
Examples of Building Material Details That Enhance the Visual Intrigue of the Building
Blaine17.18.14.077.tif
Blaine17.18.14.078.tif
Blaine17.18.14.079.tif
Blaine17.18.14.080.tif
Blaine17.18.14.081.tif
Blaine17.18.14.082.tif
Examples of decorative surface materials. A = Decorative brick/design. B = Decorative tile-work and column pattern. C = Decorative medallion. D = Decorative mosaic tile work. E = Decorative bulkhead. F = Decorative bulkhead design with tile.
➲ Departures will be considered provided the facade (at the overall scale and at the individual articulation scale) meets the purpose of the standards above.
4. 
Improvements to Older Buildings (Constructed Prior to 1950).
a. 
Awnings and signage must not cover distinctive features of the facade.
b. 
Any existing "false front" materials covering older buildings must be removed in conjunction with facade remodels.
c. 
Use of metal siding or screening, plastic, plywood, sheet wood products, fiberglass, or similar materials to cover the facade of older buildings is prohibited.
d. 
Exterior remodels of older buildings must utilize original materials, window styles, and building ornamentation. Alternative materials can be used to replicate original facade elements and details as long as the historical design qualities are maintained.
5. 
Window and Sill Wall Design Standards.
a. 
All windows (except storefront display windows) must be recessed at least two inches from the facade, incorporate trim at least four inches wide, or incorporate other design treatments that add depth, richness, and visual interest to the facade.
b. 
All windows on upper floors must be oriented so their vertical dimension exceeds their horizontal dimension. Ganged double-hung style windows are permitted as an exception.
c. 
Windows must include sill walls on all street facades:
i. 
Sill walls must be placed 12 to 30 inches above the finished floor on the ground floor. The purpose is to integrate a generally consistent horizontal element that ties the building together. Transparent "openable wall" style doors are an exception to this standard.
ii. 
Sill walls must be placed 12 to 30 inches above the finished floor on upper floors in the market subdistrict.
iii. 
Sill walls must be placed 18 to 36 inches above the finished floor on upper floors in the town portal, garden, and waterview subdistricts.
d. 
Prohibited Windows. Mirrored glass is prohibited.
➲ Departures to the window standards above will be considered provided the design meets the purpose of the standards.
Figure 17.22.080.E.5.a
Acceptable and Unacceptable Window Design Examples
Blaine17.18.14.083.tif
Blaine17.18.14.084.tif
Blaine17.18.14.085.tif
Blaine17.18.14.086.tif
A – D are recessed and/or trimmed windows. A, C, and D have vertical dimensions that equal or exceed the horizontal dimension. Window B qualifies as a gang-style window that is grouped via vertical oriented mullions or muntins.
Blaine17.18.14.087.tif
This window lacks any other detail that adds visual interest.
Figure 17.22.080.E.5.b
Sill Walls
17.22.080jj.tif
6. 
Tripartite Design. Multistory buildings shall provide tripartite building articulation (building top, middle, and base) to provide pedestrian scale and architectural interest:
a. 
Building top – Includes a distinctive roofline that effectively provides an identifiable "top" to the building. Pitched roofs must feature a 3:12 minimum roof pitch. Flat rooflines must include a cornice line or other effective features or techniques that visually terminate the building. Parapet walls or cornice lines must be decorated with ornamental caps or moldings that are visible from the ground level. Such rooflines must be proportional to the size and scale of the building. Understated cornice lines are permitted depending on the materials and design of the base and middle elements in reinforcing the base/middle/top configuration.
b. 
Building middle – Includes consistent window fenestration patterns and facade articulation techniques.
c. 
Building base – Includes a ground floor design that is distinct from upper floors through the use of unique materials, window fenestration, prominent building entry(s), and/or facade detailing.
Figure 17.22.080.E.6
Tripartite Design Example
17.22.080kk.tif
7. 
Firewalls and other similar interior shared walls that are exposed along a side property line shall be coated and finished in some manner to add visual interest. Examples include horizontal and/or vertical scoring or banding or textured and/or colored concrete patterns. Alternative design treatments such as art or graphics may be approved provided they meet the purposes of the standards.
Figure 17.22.080.E.7
Acceptable Firewall Design Examples
17.22.080ll.tif
17.22.080mm.tif
17.22.080nn.tif
The examples above use a combination of banding or scoring elements to help add interest to these firewalls. The right image also includes a trellis (not visible) that supports vine plants.
F. 
Building Materials and Colors.
1. 
Purpose.
a. 
To encourage the use of durable, high quality building materials that complement the historic character of downtown, minimize maintenance cost and provide visual interest from all observable vantage points.
b. 
To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
2. 
High Quality, Compatible Building Materials. Applicants must use high quality durable materials. This is most important for the base of buildings, particularly for commercial and mixed-use buildings where the facade is sited close to sidewalks. At a minimum, stone, brick or tile masonry, or architectural concrete (first two feet only) must be used (excluding window and door areas) for the first floor of cladding on nonresidential or mixed-use buildings and the first two feet of residential buildings. Wood cladding is acceptable due to its historic relevance.
Subsections (F)(3) through (7) of this section include special conditions for the use of certain materials.
3. 
Special Conditions and Limitations for Concrete Block (Also Known as Concrete Masonry Unit or CMU). Concrete block may be used as a cladding material if it is incorporated with other permitted materials and/or incorporates a combination of textures and/or colors to add visual interest. For example, combining split- or rock-facade units with smooth blocks can create distinctive patterns. The figure below illustrates acceptable concrete block use/designs.
Figure 17.22.080.F.3
Concrete Block Examples
17.22.080oo.tif
CMU is the primary cladding for the corner element above, but secondary to brick on the main facade. The corner element uses a combination of decorative split-faced CMU closer to the sidewalk and smooth-faced CMU that is colored to look more like traditional white terra cotta tiles.
17.22.080pp.tif
The above facade illustrates an acceptable alternative example, as CMU is used as the primary cladding material. Note the use of split-facade CMUs above each of the awnings and coupled with the use of smooth-facade CMUs on the vertical columns (which employ black accent tiles for added interest).
4. 
Special Conditions and Limitations for Metal Siding. Metal siding may be used as a secondary cladding material (no more than 15 percent of the total facade area) if it is incorporated with other permitted materials and complies with the following standards:
a. 
Metal siding must be a minimum 24-gauge thickness. Repurposed metal siding is exempt from minimum thickness requirements provided its material integrity is intact.
b. 
Metal siding must feature appropriate molding, trim, or hemming at all exposed edges and corners.
c. 
Metal siding must be factory finished, or alternately purposefully designed to naturally patina. Highly reflective galvanized finishes are prohibited. Repurposed or reclaimed metal siding is permitted.
d. 
Metal siding is not allowed on the ground floor of nonresidential and mixed-use buildings. Masonry, concrete, or other durable material must be incorporated between the metal siding and the ground plane on residential buildings.
➲ Departures: Other designs will be considered provided the material's integration and overall facade composition meet the purpose of the standards and fit with the site's context.
Figure 17.22.080.F.4
Metal Siding Examples
17.22.080qq.tif
The metal siding on this facade may account for greater than 15% of the facade, but its integration as a secondary element that helps to articulate the facade and add interest makes it a good example. Note the integration of detailed windows and the cornice line.
17.22.080rr.tif
The metal siding on this storefront functions both as an accent component and an effective articulation feature that breaks up the facade and adds visual interest.
5. 
Special Conditions and Limitations for the Use of Exterior Insulation and Finish System (EIFS). Such material/finishes may be used as a decorative accent cladding material if incorporated with other permitted materials and compliant with the following:
a. 
On buildings of three or more stories, EIFS is limited to no more than 15 percent of the total facade area and may not be the primary cladding material. On buildings two stories or less, EIFS is limited to 40 percent of the total facade area.
b. 
EIFS must feature a smooth or sand finish only.
c. 
EIFS must be trimmed in wood, masonry, or other material and must be sheltered from weather by roof overhangs or other methods.
d. 
EIFS is not allowed on the ground floor of nonresidential and mixed-use buildings. Concrete, masonry, or other durable material must be used between the EIFS and the ground plane on residential buildings.
➲ Departures to allow up to 50 percent coverage of the facade and other design treatments will be considered provided the material's integration and overall facade composition meet the purpose of the standards.
Figure 17.22.080.F.5
EIFS Examples
17.22.080ss.tif
Blaine17.18.14.098.tif
Note the use of brick and decorative concrete block on the ground level and EIFS on the second floor of the left image. The window treatments visible on the second floor add depth and interest to the facade. The right image employs EIFS between the window and sidewalk; this design is prohibited.
6. 
Special Conditions and Limitations for the Use of Cementitious Wall Board Paneling/Siding.
a. 
Cement board paneling/siding is not allowed on the ground floor of nonresidential and mixed-use buildings where adjacent to a sidewalk.
b. 
Where cement board paneling/siding is the dominant siding material, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
➲ Departures will be considered provided the material's integration and overall facade composition meet the intent of the standards.
Figure 17.22.080.F.6
Cementitious Wall Board Examples
17.22.080uu.tif
17.22.080vv.tif
The above building uses cementitious wall board in different textures and colors to help articulate the facade. The white color replicates the board and batten style in the left image and green color in the right image effectively replicates horizontal wood siding.
Blaine17.18.14.101.tif
The wall board panels covering a large area in a single color would not meet the purpose of the standards.
7. 
Special Conditions and Limitations for the Use of Vinyl Siding, Asphalt Siding, Aluminum Lap Siding, Stucco Pebble Siding, Siding Grade Plywood, and Unembellished Concrete.
a. 
The subject materials are not allowed on nonresidential and mixed-use buildings.
b. 
Where the subject materials are the dominant siding material (residential buildings only), the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
➲ Departures will be considered provided the material's integration and overall facade composition meets the intent of the standards.
8. 
Prohibited Materials.
a. 
Reflective glass.
9. 
Exterior building colors within the CBD should be harmonious with the colors of adjacent buildings and should not produce an effect of visual competition or discord. Colors should be mutually supportive and beneficial to the overall character of the streetscape and the surrounding natural environment.
a. 
Allowed Building Colors. The building exterior base color(s) should be subdued. Earth tones are encouraged in addition to colors which would be considered complementary.
b. 
Use of up to Three Colors. No more than three distinct colors may be used as exterior base colors exclusive of building trim.
c. 
Use of Bright Colors. Colors that are considered bright or garish may not be used as the base building color, trim color, or to create a graphic design on the exterior of the building, but may be used to accent fine architectural details.
d. 
Use of Colors with Unpainted Building Materials. Stone, brick, tile masonry should remain unpainted. Building colors should accent, blend with or complement unpainted building materials.
e. 
Transition Areas. Buildings adjacent to the SF-1 Residential District shall use building colors which are complementary, and provide a sensitive transition to the adjacent neighborhood.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.090 Boardwalk development and connections.

A continuous pedestrian facility (boardwalk) is planned to run along the west side of the buildings fronting Peace Portal Drive from F Street to Clark Street at or near the grade of Peace Portal Drive. Standards associated with this planned facility.
A. 
New and remodeled developments adjacent to this planned facility must be designed to accommodate connections to the boardwalk.
B. 
Major new construction must dedicate a 20-foot-wide easement for the purpose of constructing and maintaining the boardwalk. Reduction of the easement width to 12 feet may be considered in circumstances where the offsetting space is instead occupied by publicly usable street-level commercial space, either interior or exterior, such as a deck or a patio.
C. 
New construction is not required to build individual sections of the boardwalk but shall connect to the boardwalk where applicable.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.110 Drive-through facilities.

A. 
Drive-through facilities shall be designed to minimize adverse impacts to the pedestrian environment and shall only be permitted as an accessory use.
B. 
Drive-through facilities shall utilize alley access for entry and/or exiting whenever feasible. Exiting to alley is prioritized when only one option is available.
C. 
Drive-through facilities are not permitted to have direct entry or exit from/to Peace Portal Drive.
D. 
Drive-through facilities are prohibited from having direct entry or exit from/to H Street, except for drive-through facilities in existence upon the adoption of this code.
E. 
Drive-through lanes located between buildings and a street are prohibited.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.120 Chain-link fences.

A. 
Chain-link fences within 20 feet of a right-of-way, excluding alleys, and visible from a street or sidewalk are prohibited in the following areas:
1. 
Along designated storefront and landscaped block frontages, per Figure 17.22.070.F.
2. 
Within the garden district.
B. 
Chain-link fencing, where permitted within 20 feet of a right-of-way, excluding alleys, and visible from a street or sidewalk, must be screened with landscaping meeting the following standards:
1. 
A planting strip at least three feet wide.
2. 
Evergreen plant material capable of obscuring one-half of the fence height in three years.
C. 
Chain-link fencing, when permitted, must be vinyl coated and colored black, dark green, or dark brown. Fence slats may be required at the discretion of the director.
➲ Departures from location requirements will be considered for municipal facilities.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.130 Mobile food services.

A. 
Food trucks or other mobile food services are permitted to occupy legal public parking spaces in the right-of-way.
B. 
Unless granted a conditional use permit, all food trucks and mobile food services must comply with the following:
1. 
Food trucks or other mobile food services are prohibited from operating on the right-of-way within 100 feet of the front entrance of an operating and open-for-business eating and drinking establishment.
2. 
Food trucks or other mobile food services may not remain stationary for more than five hours in the public right-of-way. Relocation must be to a site at least 1,000 feet away from the prior location.
C. 
The hearing examiner may grant a conditional use permit to food trucks and mobile food services to operate in a fixed location for more than five hours, to operate within 100 feet of an operating and open-for-business eating and drinking establishment, and/or:
1. 
In a public plaza or park subject to a recommendation of approval by the public works and park advisory board; or
2. 
On the public right-of-way subject to issuance of a right-of-way obstruction permit.
D. 
Food trucks and mobile food services for city-authorized special events are exempted from subsection (B) of this section.
E. 
As an accessory use operating in conjunction with a legally permitted use, a food truck or mobile food service may operate on private property for up to eight hours in one day. No permanent utility connections may be constructed to accommodate the food truck or mobile food service.
(Ord. 2912 § 1 (Exh. A), 2018; Ord. 2970 § 1 (Exh. A), 2021)

§ 17.22.140 Use of public right-of-way.

A. 
The use of public right-of-way adjacent to a business location is permitted by the on-site business within the following limits:
1. 
An unobstructed walkway at least six feet wide must be maintained on the sidewalk. This shall take into consideration street fixtures such as trees, benches, and fire hydrants.
2. 
The use of the sidewalk shall not be for an unsightly use.
3. 
Any reserved space shall be defined by an anchored decorative steel fence subject to administrative design review and shall meet the requirements of BMC § 17.128.010(C) and (D).
4. 
A right-of-way obstruction permit is required for any sidewalk obstructions except for temporary and fully portable uses such as display of merchandise for sale during business open hours.
B. 
Use of the public right-of-way is not synonymous with use of the waterview boardwalk easement.
C. 
Use of a public plaza, such as G Street or H Street, is subject to the restrictions in subsection (A) of this section.
1. 
Such use shall obtain approval of a plaza use agreement under Chapter 12.27 BMC.
(Ord. 2912 § 1 (Exh. A), 2018; Ord. 2970 § 1 (Exh. A), 2021)

§ 17.22.150 Utilities.

A. 
All outdoor service and storage areas shall not be visible from adjacent sidewalks. When a fully screened location is infeasible the director may approve an alternate.
B. 
Trash and other waste receptacles shall be screened with a sturdy, secured, and opaque screen, such as a freestanding fence or lattice that cannot be removed by an individual or by inclement weather. The enclosure shall not extend onto the public right-of-way, unless permitted through a right-of-way obstruction permit.
C. 
All outdoor HVAC units shall be screened from view including roof-mounted units.
D. 
A noise-reducing barrier shall be provided for all HVAC units that exceed 50 dB(A) at the closest property line. Vegetation can be used to screen but is not considered an acceptable noise barrier.
E. 
Utility meters shall be placed so that they are not visible from the sidewalk whenever feasible. Utility meters should be grouped when possible.
F. 
Satellite dishes, micro-turbines, and other utility features should be placed away from the street whenever feasible.
G. 
Each residential unit must have a dedicated utility storage of at least 36 square feet for all new developments with five or more dwelling units.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.160 Lighting.

A. 
General.
1. 
Lighting trespass that spills over onto neighboring residential properties or causes glare on adjacent streets is prohibited. The maximum illumination level at the property line abutting residential properties shall not exceed 0.1 foot-candles.
2. 
Lighting design should include the installation of timers, photo sensors, and other energy-saving devices.
B. 
Facade Lighting. Facade-mounted lighting fixtures that wash the face of the building are encouraged. Shielded, full cut-off fixtures shall be used with illumination not exceeding 5.0 foot-candles. Up lights should be avoided but can be used discretely if necessary.
C. 
Yard Lighting. Low-level (bollards or recessed) lighting fixtures shall be installed for interior walkways. Pole-mounted lights may provide additional lighting as necessary.
D. 
Parking Lighting. Parking area and walkways must be lit. Commercial properties that are adjacent to residential areas shall reduce the lighting in their parking lots to an average of 0.2 foot-candles one hour after closing. Light trespass standards also apply.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.170 Parking requirements.

See parking standards contained in Chapter 17.124 BMC.
(Ord. 2912 § 1 (Exh. A), 2018)

§ 17.22.180 Definitions.

The definitions contained herein apply only to this chapter and Chapters 17.23, 17.119, and 17.120 BMC.
A. 
"Articulation"
means the giving of emphasis to vertical architectural elements that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
B. 
"Block frontage"
refers to the portion of a property that fronts onto a street or other public right-of-way. This includes the front yard and the building facade facing the street.
C. 
"Building height"
is measured as the distance from the average adjacent sidewalk elevation to the highest point of the structure excluding elements, such as chimneys, utility elements and decorative elements, or temporary occupied elements, such as cupolas and towers.
D. 
"Conditional uses"
are not allowed by right and are subject to hearing examiner review.
E. 
"Departure"
is a provision allowing applicants to propose alternative means of compliance with a specific standard on a voluntary basis, provided they meet the purposes of the standard.
F. 
"Eave"
is the bottom edge of a roof and normally projects beyond the side of the building forming an overhang to throw water clear of the walls.
G. 
"Facade"
means the entire building front or street wall face of the building extending from the finished grade at the point of contact with the building to the top of the parapet or eaves and the entire width of the building elevation.
H. 
"Ground floor"
means the base level of a building accessible from public walkways or sidewalks that is typically at or within three feet of adjacent sidewalk grade level.
I. 
"Modulation"
means a stepping back or projecting forward of portions of a building elevation as a means of breaking up the apparent bulk and scale of the building and adding visual interest.
J. 
"Permitted uses"
are allowed by right through administrative review.
K. 
"Pitched roof"
has a slope more than 3:12, unless otherwise noted.
L. 
"Projection"
refers to a structural element that is associated with a building's openings and protrudes from the wall. Examples of projections are as follows:
1. 
"Awning"
means a covering attached to the exterior wall of a building composed of material extended over a light structure. It provides shelter from the sun, rain, or wind.
2. 
"Balcony"
means a platform enclosed by a wall or balustrade on the outside of a building, with access from an upper floor window or door.
3. 
"Bay window"
means a window space projecting outward from the main walls of a building and forming a bay in a room, either square or polygonal in plan. Bay windows increase the flow of natural light into a building, as well as provide views of the outside that would be unavailable with an ordinary window.
4. 
"Porch"
means a roofed space open along two or more sides serving to shelter an entrance and provide a private outdoor space to a residence.
M. 
"Public"
means government-owned or dedicated property, buildings, or areas open to all persons by design or intent.
O. 
"Setback"
measures the linear distance between the property line and foundation wall or pier as measured perpendicular to the property line. For upper floors, the measurement is to the plane nearest the property line.
P. 
"Sidewalk"
is the part of the right-of-way that is not in the roadway and is used for pedestrian movement and landscape.
Q. 
"Sill wall"
refers to the portion of a building facade that is placed between the floor level of each story and any windows placed within the applicable story.
R. 
"Slope"
is the ratio of the vertical rise over a horizontal distance.
S. 
"Story"
means that portion of a building included between the surface of any floor and the surface of the floor immediately above it. If there is no floor above it, then the space between the floor and the top of the rafters immediately above it is considered a story. If the finished floor level directly above the basement or cellar is more than four feet above mean ground level and the space clears seven feet in height, the basement or cellar is considered a story.
T. 
Top, Building or Building Top.
"Building top" means a building's ridgeline or the tip of cupolas for a sloped roof and the highest point of a parapet for a flat roof. Appurtenances such as trusses, poles, chimneys, or mechanical features are not included in a building top.
U. 
"Transparency"
is a measure of the area of the wall that allows one to see through the building from the inside out and vice versa.
V. 
"Vertical building modulation"
is the stepping back or projecting forward of the vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exterior walls.
(Ord. 2912 § 1 (Exh. A), 2018; Ord. 2970 § 1 (Exh. A), 2021)

§ 17.23.005 Purpose.

The wharf district is established in recognition of the unique and irreplaceable nature of the city's waterfront site. It is intended to provide for a mix of water-oriented commercial, industrial and recreational uses that support water-related activities that are compatible with shoreline public access and tourism activities. Direction and guidance for development in this district is provided by the wharf district master plan (a component of the Blaine comprehensive plan), approved by both the city of Blaine and the Port of Bellingham. The regulatory provisions of this chapter are intended to supplement the master plan.
(Ord. 2674 § 6, 2007)

§ 17.23.010 Applicability and permit approval.

Unless determined to be exempt under the city's shoreline program, all development proposals in the wharf district shall be approved through a shorelines permit. No other development permit shall be required. A building permit will not be accepted without prior approval of the shorelines permit, if applicable.
(Ord. 2674 § 6, 2007)

§ 17.23.020 Approval criteria.

A. 
A shorelines permit in the wharf district shall be approved subject to the administrative provisions of this title and the shoreline management program.
B. 
A final permit decision by the city must include findings of compliance with the following documents:
1. 
The wharf district master plan;
2. 
The city of Blaine shoreline management plan;
3. 
Design standards pursuant to Chapter 17.119 BMC.
C. 
When a permit application is submitted for development on Port-owned property, the city shall solicit and consider any conditions or related requirements established by the Port before making a final decision.
(Ord. 2674 § 6, 2007)

§ 17.23.030 Minimum standards.

Unless otherwise indicated within each planning area, a development proposal must demonstrate compliance with the following standards:
A. 
Design Standards.
1. 
Streetscape and Public Space Standards. All design, placement or construction within a public space must be in compliance with the streetscape and public space standards contained in BMC § 17.119.050.
2. 
Building Form Standards. All buildings within the wharf district shall conform to the building form standards contained in BMC § 17.119.060.
3. 
Architectural Standards. All buildings within the wharf district shall conform to the architectural standards contained in BMC § 17.119.070.
4. 
Private Landscape and Parking Standards. All private space landscaping and parking areas must conform to the private landscape and parking standards contained in BMC § 17.119.080.
B. 
Water Quality Standards. While each planning area will have different functions and development configurations, all development in the wharf district shall utilize low-impact design techniques and demonstrate that the result will be a storm water management design that will consistently achieve high-water quality runoff over extended periods of time.
C. 
Lot Configuration Standards. No minimum lot width or specific lot configuration is required in the wharf district.
D. 
Minimum Lot Area Standards. No minimum lot area is required in the wharf district. However, a project proposal must demonstrate that the intended site adequately accommodates the intended use with sufficient size to meet parking, loading and circulation, landscaping, open space, and related requirements.
E. 
Unless otherwise determined, setbacks from the shoreline OHWM shall be:
1. 
Water-dependent buildings: zero feet.
2. 
Water-oriented buildings: 25 feet.
3. 
Other buildings: 45 feet.
(Ord. 2674 § 6, 2007)

§ 17.23.040 Specific planning area standards.

The following standards are specific to each of the seven planning areas within the wharf district:
A. 
Planning Area 1: Gateway to Waterfront (Visual and Physical Access). See CB – Market district requirements.
B. 
Planning Area 2: Plover Park (Recreation and Boat Launch).
1. 
Special Conditions. A landscape and site plan for the entire Plover Park planning area must be approved through a shorelines development permit prior to any development or construction on the site. The plan must meet the approval criteria contained in BMC § 17.23.020.
2. 
Character and Use. See wharf district master plan.
3. 
Design Standards.
a. 
Streetscape and Public Space Standards. Must be approved as a component of an approved landscape and site plan.
b. 
Building Form Standards. Must be approved as a component of an approved landscape and site plan.
c. 
Architectural Standards. Must be approved as a component of an approved landscape and site plan.
d. 
Landscape and Private Parking Standards. Must be approved as a component of an approved landscape and site plan.
4. 
Building Setback Standards.
a. 
Setbacks from Marine Drive right-of-way: 10 feet.
b. 
Setbacks from Milhollin Drive easement: 10 feet.
c. 
Setbacks from Shoreline OHWM. Setbacks shall be established at the time of permit approval for the landscape and site plan.
d. 
Setbacks from Wetlands. Recreational amenities may be located in or adjacent to wetlands with an approved wetland enhancement plan.
5. 
Land coverage: 10 percent of planning area.
6. 
Building Heights. Not to exceed 20 feet unless otherwise approved as a part of the landscape and site plan.
C. 
Planning Area 3: Mariner Village (Mixed Use).
1. 
Character and Use. See wharf district master plan.
2. 
Design Standards.
a. 
Streetscape and Public Space Standards. All standards applicable.
i. 
Milhollin Drive is intended to be an urban street with similar design characteristics to the CB – Market district, with street trees, sidewalks and an active pedestrian-oriented commercial flavor.
3. 
Building Form Standards. All standards applicable.
4. 
Architectural Standards. All standards applicable.
5. 
Private Landscape and Parking Standards. All standards applicable.
a. 
Parking. Parking in this planning area is intended to be located underground if possible. Alternatively, parking space can be used to enhance building separation and increase views from the east.
6. 
Building Setback Standards.
a. 
Setbacks from Marine Drive right-of-way: 15 feet.
b. 
Setbacks from Milhollin Drive easement: 10 feet.
c. 
Setbacks from shoreline OHWM: 45 feet.
d. 
Setbacks from Plover Park planning area: 30 feet.
7. 
Land coverage standards: 90 percent.
8. 
Height Standards. Buildings shall stair-step from lower heights on the south side of the planning area graduating to greater heights on the north consistent with the wharf district master plan. See master plan for detailed height requirements.
D. 
Planning Area 4: Harbor Gateway (Marina Support).
1. 
Character and Use. See wharf district master plan.
2. 
Design Standards.
a. 
Streetscape and Public Space Standards. All standards applicable.
b. 
Building Form Standards. All standards applicable.
c. 
Architectural Standards. All standards applicable.
d. 
Private Landscape and Parking Standards. All standards applicable.
i. 
Parking. Cumulatively, additional development of Planning Area 4 shall not reduce parking space by more than 15 stalls.
3. 
Building Setback Standards.
a. 
Setbacks from Marine Drive right-of-way: 10 feet.
b. 
Setbacks from Shorelines OHWM. See BMC § 17.23.030(E).
4. 
Land coverage standards: 90 percent.
5. 
Height Standards. Only single story buildings are allowed with a maximum height of 25 feet.
E. 
Planning Area 5: Waters Edge (Public Access – Includes Subplanning Areas 5a, 5b, 5c, and 5d).
1. 
Special Conditions. A landscape and site plan for each of the four subplanning areas must be approved through a shorelines development permit prior to any development or construction taking place on the site. The plan must meet the approval criteria contained in BMC § 17.23.020.
2. 
Character and Use. See wharf district master plan.
3. 
Design Standards.
a. 
Streetscape and Public Space Standards. All standards applicable.
b. 
Building Form Standards. All standards applicable.
c. 
Architectural Standards. All standards applicable.
d. 
Landscape and Private Parking Standards. All standards applicable.
4. 
Building Setback Standards.
a. 
Setbacks from Marine Drive right-of-way: 30-foot setbacks with the exception of the wastewater treatment facility which shall be set back 10 feet from Marine Drive.
b. 
Setbacks from Shoreline OHWM. Setbacks shall be approved at the time of permit approval for the landscape and site plan for each subplanning area.
5. 
Land Coverage Standards.
a. 
Planning Area 5a – Marine Park (passive recreation): 10 percent.
b. 
Planning Area 5b – Festival Square (parking and community activities): 60 percent.
c. 
Planning Area 5c – Lighthouse Park (active recreation): 30 percent.
d. 
Planning Area 5d – The wharf (pedestrian boardwalk and fisherman's pier): 100 percent.
6. 
Height Standards. Heights shall be approved at the time of permit approval for the landscape and site plan for each subplanning area.
F. 
Planning Area 6: Shipyard Industrial Park (Industrial).
1. 
Character and Use. See wharf district master plan.
2. 
Design Standards.
a. 
Streetscape and Public Space Standards. Planning Area 6 is reserved for industrial uses. There are no formal streets and the general public should not be encouraged to enter the area. Consequently, the streetscape and public space standards are only marginally applicable. Where the public does have access, and where appropriate, they will be applied.
b. 
Building Form Standards. Building form and design in this planning area will be driven by the functional requirements of industry. While the standards in Chapter 17.119 BMC must be considered, where the two are in conflict, industrial design requirements shall prevail.
c. 
Architectural Standards. Building form and design in this planning area will be driven by the functional requirements of industry. Consequently, where these architectural standards conflict with industrial design requirements, the latter shall prevail.
d. 
Landscape and Private Parking Standards. No landscaping required.
3. 
Building Setback Standards.
a. 
Setbacks from Marine Drive right-of-way: 10 feet.
b. 
Setbacks from the Shoreline OHWM. See BMC § 17.23.030(E).
4. 
Land coverage standards: 100 percent.
5. 
Height standards: 40 feet. Higher building heights may be approved by the city council provided:
a. 
All businesses, residents and property owners located on Peace Portal Drive within the CB district are notified of a public hearing addressing the proposal; and
b. 
The building will serve a water-dependent marine industrial use; and
c. 
The applicant can demonstrate that the proposed building height is a functional requirement for the intended use; and
d. 
The city council finds that the building will not have a significant obstruction of views from the upland Central Business District.
G. 
Planning Area 7: Dakota Commons (Commercial).
1. 
Character and Use. See wharf district master plan.
2. 
Design Standards.
a. 
Streetscape and Public Space Standards. All standards applicable.
b. 
Building Form Standards. All standards applicable.
c. 
Architectural Standards. All standards applicable.
d. 
Landscape and Private Parking Standards. Centrally located parking as indicated in the master plan for both Planning Areas 7 and 5d (fisherman's pier).
3. 
Building Setback Standards.
a. 
Setbacks from Marine Drive right-of-way: 10 feet.
b. 
Setbacks from Shorelines OHWM. See BMC § 17.23.030(E).
4. 
Land coverage standards: 90 percent.
5. 
Height standards: 35 feet.
(Ord. 2674 § 6, 2007; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.23.045 Electric vehicle infrastructure.

Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange station, are permitted uses provided they are designed and installed in a manner to be consistent with the goals of the wharf district master plan and the shoreline management program.
( A(2), 2011; Ord. 2793 § 2 Exh)

§ 17.23.050 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007; Ord. 2674 § 6, 2007)

§ 17.24.010 Purpose.

Highway commercial (HC) districts are designed to provide for establishments offering accommodations or services to motorists, and to provide for non-pedestrian-oriented retail, wholesale, service and repair activities which do not contribute to the creation of unattractive, congested and unsafe highway conditions.
Certain of the highway commercial districts have use restrictions not applicable to all districts. These subzones are noted in BMC § 17.24.020 and include:
Subzone A. Purpose is to provide for establishments offering accommodations or services to motorists, and to provide for non-pedestrian-oriented retail, wholesale, service and repair activities.
Subzone B. Purpose is to provide for businesses that depend upon a border location.
Subzone C. Purpose is to provide for businesses and services that support the Central Business District. This district is intended to service highway motorists, the auto-oriented demand from the central business (CB) district and adjacent residential neighbors, including those in this district. The height, density and minimum setbacks are intended to encourage accessible and affordable housing in an urban environment. As such, this district should include pedestrian amenities and routes that facilitate safe passage to adjacent residential neighborhoods, the Peace Arch Park, and the CB – Market and Wharf districts. While not a part of the CB district, its character and function should be complementary to the CB district with little impact on the low-density neighbors to the south and east.
Subzone D. Purpose is to provide for business and services in a residential traditional area.
(Ord. 2554 § 3, 2003; Ord. 2673 §§ 2, 3, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.020 Permitted uses.

Uses allowable in the highway commercial district vary within each of the four subzones, and therefore permitted uses are defined in general terms:
A. 
Subzone A. Uses allowable in this subzone are too extensive to enumerate; therefore, permitted uses are defined in general terms:
1. 
Overnight accommodations, eating and drinking and entertainment establishments;
2. 
Other commercial services, including auto-oriented services such as car washes, truck and auto repair, recreational vehicle support and services, machinery, and gas stations;
3. 
Retail and wholesale goods, sales and service;
4. 
Offices and related business activity;
5. 
Day care centers and nursing or convalescent homes;
6. 
Other commercial and service uses of similar or less impact upon the district than uses defined above in this section, such as car washes, veterinary clinics, laundromats, produce sales, plant nurseries, etc.
B. 
Subzone B.
1. 
Retail and wholesale goods, sales and service such as duty-free stores;
2. 
Offices such as brokerage houses;
3. 
Warehouses such as bonded warehouses;
4. 
Governmental facilities;
5. 
Other uses approved by the review authority demonstrated to be directly dependent on a border location.
C. 
Subzone C.
1. 
Overnight accommodations, including ancillary meeting and convention facilities;
2. 
Eating and drinking establishments;
3. 
Entertainment, cultural and/or recreational facility;
4. 
Other commercial services, including auto-oriented services such as car washes and gas stations;
5. 
Governmental facilities;
6. 
Day care centers, assisted living facility, nursing or convalescent homes and health care facilities;
7. 
Retail sales and service including ancillary assembly and manufacture of goods on the premises if:
a. 
The assembled or manufactured goods are directly related to and are dependent upon this use, and are available for purchase and removal from the premises.
b. 
The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other retail uses.
8. 
Offices and related business activity;
9. 
Live/work spaces;
10. 
Residential development (e.g., attached, stacked, or detached dwelling units) up to 24 units per acre, subject to the following provisions:
Along D Street, minimum 50 percent of the total gross floor area located on the street level floor of all structures on the subject property must contain retail sales and service, eating and drinking establishments, entertainment, cultural and/or recreational facility, offices and related business activity, or overnight accommodations oriented toward D Street. Lobbies for residential uses and parking garage entries shall qualify as ground floor commercial; however, dwelling units and structured parking shall not qualify.
D. 
Subzone D.
1. 
Offices and related business activity;
2. 
Restaurants;
3. 
Residential development (e.g., attached, stacked, or detached dwelling units) up to 24 units per acre;
4. 
Day care centers, nursing or convalescent homes and health care facilities;
5. 
Overnight accommodations.
(Ord. 2554 § 3, 2003; Ord. 2557 § 1, 2003; Ord. 2673 §§ 2, 3, 2007; A(2), 2011; Ord. 2793 § 2 Exh; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.030 Accessory uses.

Accessory uses in the highway commercial district are as follows:
A. 
Subzone A – Peace Portal.
1. 
Dwelling units in conjunction with and accessory to the permitted use;
2. 
Uses customarily incidental to the permitted use.
B. 
Subzone B – Border.
1. 
Uses customarily incidental to the permitted use.
C. 
Subzone C – Central Business Support.
1. 
Uses customarily incidental to the permitted use;
2. 
Family day care homes, adult day cares and adult family care facilities.
( Formerly 17.24.040; Ord. 2554 § 3, 2003; Ord. 2673 §§ 2, 3, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.040 Conditional uses.

Conditional uses in the highway commercial district are as follows:
A. 
Subzone A – Peace Portal.
1. 
Manufacturing or assembly operations of small scale, not to exceed 5,000 square feet of floor space;
2. 
High-density residential development when consistent with Chapter 17.28 BMC, Residential High-Density Zoning District, and related provisions.
B. 
Subzone B – Border.
1. 
Manufacturing or assembly operations of small scale, not to exceed 5,000 square feet of floor space.
C. 
Subzone C – Central Business Support.
( Formerly 17.24.050; Ord. 2554 § 3, 2003; Ord. 2577 § 5, 2004; Ord. 2628 § 2, 2006; Ord. 2673 §§ 2, 3, 2007; Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.050 Lot size.

No minimum lot size is required in the highway commercial district.
( Formerly 17.24.060; Ord. 2554 § 3, 2003; Ord. 2673 §§ 2, 3, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.060 Setbacks, land coverage, building height and lot width.

A
B
C
D
Front yard setbacks – R.O.W. (Alleys not included)
Buildings
15'
15'
0' – 10'1
20'
Parking
20'
15'
0'2
20'
Merchandise display
20'
15'
0'
20'
Side and rear yard setbacks
Adjacent residential
10'
10'
5'
10'
Adjacent nonresidential
10'
0'
5'
10'
Lot coverage
100%
100%
100%
100%
Building height
35'
35'
55', except that within 15' of a property line abutting or across an alley from a low-density residential land use designation, building height shall be limited to 35 feet.
35'
Lot width
50'
50'
50'
50'
Notes:
1
Buildings may be located at the property line if they contain a pedestrian-oriented facade along that street frontage meeting the following standards:
a.
The building's primary entrance must be located on this facade and facing the street.
b.
Transparent windows and/or doors must occupy at least 35 percent of the facade area between 30 inches and eight feet above grade.
c.
Weather protection feature(s) at least five feet deep must be provided over the width of building entry. This could include awnings, canopies, marquees, or other permitted treatments that provide functional weather protection.
These requirements would not apply to building facades located along alleys.
Buildings not featuring a pedestrian-oriented facade consistent with footnotes (1)(a) through (c) of this section must provide a building setback of at least 10 feet. The area between the sidewalk and the building must be landscaped per the requirements of BMC § 17.126.060 – F1 and F2 (except for required pedestrian access) or designed as a pedestrian-oriented space.
2
See BMC § 17.24.070 for further standards on parking location.
( Formerly 17.24.070; Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2841 § 2 (Exh. A), 2013; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.070 Off-street parking.

Parking shall be required in the highway commercial district in accordance with specifications outlined in Chapter 17.124 BMC.
In subzone HCc, surface parking areas may be located to the side or rear of buildings provided no more than 62 feet of street frontage is occupied by parking and vehicle access areas. Surface parking areas located between a building facade and the street are prohibited.
( Formerly 17.24.080; Ord. 2554 § 3, 2003; Ord. 2673 §§ 2, 3, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.080 Signs.

See Chapter 17.122 BMC et seq.
( Formerly 17.24.090; Ord. 2554 § 3, 2003; Ord. 2673 § 3, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.090 Access.

When an alley exists, parking shall be accessed via the alley except when the public works director determines that alley access is impractical or environmentally constrained. This standard shall not apply to sites that adjoin a low-density residential land use designation.
( Formerly 17.24.100; Ord. 2554 § 3, 2003; Ord. 2673 §§ 2, 3, 2007; Ord. 2810 § 2 (Exh. D), 2012; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.100 Screening.

At those locations where a commercial use is proposed on a lot or lots which abut or are across an alley from a residential low-density, medium-density, high-density, or residential/office district, a screening buffer is required. A landscape plan shall be prepared and approved by the city with the building permit drawings.
( Formerly 17.24.110; Ord. 2554 § 3, 2003; Ord. 2673 §§ 2, 3, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.110 Landscaping.

Landscaping shall be installed pursuant to Chapter 17.126 BMC. In subzone HCc, buildings that meet the pedestrian oriented standards and are allowed to be located at the property line do not need to meet the requirements of BMC § 17.126.060 – F1 and F2.
(Ord. 2673 § 3, 2007; Ord. 2805 § 2 (Exh. A), 2011; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.115 Design standards – Highway commercial subzone C.

A. 
Purpose. The purpose of this section is to ensure that new development in the highway commercial subzone C visually is complementary to the central business district and acts as a gateway to the downtown, visually enhancing this route and providing a safe and welcoming pedestrian environment.
B. 
Applicability and Compliance. The provisions herein apply to all new development. Building additions must meet applicable building design standards. For remodels, improvements may not increase any existing nonconforming material or design elements.
C. 
Blank Wall Treatment. Each blank wall located along a street facade (not including alleys) must be screened or treated in at least one of the ways listed in subsection (C)(2) of this section if it meets the criteria for a blank wall under subsection (C)(1) of this section.
1. 
A blank wall is any wall or portion of a wall that meets either of the following criteria:
a. 
A wall or portion of a wall with a surface area of at least 400 square feet having both a length and a width of at least 10 feet without a window, door, building modulation at least one foot in depth, or other architectural feature.
b. 
Any wall or portion of a wall between four feet and 13 feet above ground level with a horizontal dimension longer than 15 feet without a window, door, building modulation at least one foot in depth or other architectural feature.
2. 
At least one of the following techniques must be used to treat or screen blank walls:
a. 
By the installation of a vertical trellis with climbing vines or plant material in front of the blank wall.
b. 
By providing a landscaped planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the blank wall and planted with plant materials that will obscure or screen at least 50 percent of the blank wall within two years.
c. 
By providing artwork, such as mosaics; sculptures or bas-relief; or murals consistent with BMC § 17.122.160.
d. 
By proposing alternative techniques approved by the community development services director.
D. 
Building Materials and Colors.
1. 
Purpose.
a. 
To encourage the use of durable, high quality building materials that minimize maintenance cost and provide visual interest from all observable vantage points.
b. 
To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
2. 
High Quality, Compatible Building Materials. Applicants must use high quality durable materials. This is most important for the base of buildings, particularly for commercial and mixed-use buildings where the facade is sited close to sidewalks. At a minimum, stone, brick or tile masonry, or architectural concrete (first two feet only) must be used (excluding window and door areas) for the first floor of cladding on nonresidential or mixed-use buildings and the first two feet of residential buildings.
3. 
Metal Siding. Corner and edge trim must be used to cover exposed edges of metal siding. If metal siding covers more than 25 percent of a building's facade, the following regulations apply:
a. 
The siding must have a matte finish.
b. 
The siding must be in a neutral or earth tone color.
c. 
The facade must have visible window and door trim painted or finished in a color which is complementary to the siding color.
d. 
Metal siding is not allowed on the ground floor of nonresidential and mixed-use buildings. Masonry, concrete, or other durable material must be incorporated between the metal siding and the ground plane on residential buildings.
4. 
Concrete Block. Any concrete block, masonry unit or cinder block wall which is visible from a street (not including alleys) must contain one or more of the following features or elements:
a. 
Use of textured blocks with surfaces such as split-faced or grooved.
b. 
Use of colored mortar complementary to the color of the blocks.
c. 
Use of other surface material such as bricks, glass blocks, or tile as a significant feature of the wall.
5. 
Special Conditions and Limitations for the Use of Cementitious Wall Board Paneling/Siding.
a. 
Cement board paneling/siding is not allowed on the ground floor of nonresidential and mixed-use buildings where adjacent to a sidewalk.
b. 
Where cement board paneling/siding is the dominant siding material, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
6. 
Special Conditions and Limitations for the Use of Exterior Insulation and Finish System (EIFS). Such material/finishes may be used as a decorative accent cladding material if incorporated with other permitted materials and compliant with the following:
a. 
On buildings of three or more stories, EIFS is limited to no more than 15 percent of the total facade area and may not be the primary cladding material. On buildings two stories or less, EIFS is limited to 40 percent of the total facade area.
b. 
EIFS must feature a smooth or sand finish only.
c. 
EIFS must be trimmed in wood, masonry, or other material and must be sheltered from weather by roof overhangs or other methods.
d. 
EIFS is not allowed on the ground floor of nonresidential and mixed-use buildings. Concrete, masonry, or other durable material must be used between the EIFS and the ground plane on residential buildings.
7. 
Special Conditions and Limitations for the Use of Vinyl Siding, Asphalt Siding, Aluminum Lap Siding, Stucco Pebble Siding, Siding Grade Plywood, and Unembellished Concrete.
a. 
The subject materials are not allowed on nonresidential and mixed-use buildings.
b. 
Where the subject materials are the dominant siding material (residential buildings only), the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
8. 
Prohibited Materials. The following materials may not be used on any exterior surface which is visible from any area beyond the subject property:
a. 
Mirrored glass and other highly reflective materials.
E. 
Lighting.
1. 
General.
a. 
Lighting trespass that spills over onto neighboring residential properties or causes glare on adjacent streets is prohibited. The maximum illumination level at the property line abutting residential properties shall not exceed 0.1 foot-candles.
b. 
Lighting design should include the installation of timers, photo sensors, and other energy-saving devices.
2. 
Facade Lighting. Facade-mounted lighting fixtures that wash the face of the building are encouraged. Shielded, full cut-off fixtures shall be used with illumination not exceeding 5.0 foot-candles. Up lights should be avoided but can be used discretely if necessary.
3. 
Yard Lighting. Low-level (bollards or recessed) lighting fixtures shall be installed for interior walkways. Pole-mounted lights may provide additional lighting as necessary.
4. 
Parking Lighting. Parking area and walkways must be lit. Commercial properties that are adjacent to residential areas shall reduce the lighting in their parking lots to an average of 0.2 foot-candles one hour after closing. Light trespass standards also apply.
(Ord. 2959 § 1 (Exh. A), 2021)

§ 17.24.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007; Ord. 2959 § 1 (Exh. A), 2021)

§ 17.26.010 Purpose.

A. 
The residential/office (R/O) district is intended to accommodate a mix of residential buildings, hotels, motels, restaurants and office space.
B. 
This district fronts Peace Portal Drive, a gateway street into the downtown commercial center; these buildings should reflect the historic character of this area. Flexibility in applying standards to site and building design is encouraged when the proposal is consistent with the broad intent of implementing higher density infill, mixed uses, or strong pedestrian-oriented design.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 §§ 2, 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 3012 § 1 (Exh. A), 2024; Ord. 25-3031 § 1 (Exh. A), 7/14/2025)

§ 17.26.020 Subdivision.

A. 
Attached single-family units, townhouse units, and/or individual buildings with mixed uses, including multifamily and commercial uses developed pursuant to this chapter, may be subdivided into individual fee simple lots if approved as part of a subdivision pursuant to this title.
B. 
Lots created pursuant to this chapter shall comply with subdivision design standards in Chapter 17.74 BMC except as modified by this chapter or as authorized as a departure pursuant to BMC 17.26.030.
C. 
Legal documents identifying the rights and responsibilities of property owners and/or a homeowners’ association for use and maintenance of common facilities, utilities, easements, tracts, or other common improvements shall be submitted for approval by the community development services director, and recorded on property title, and thereafter filed with the city, prior to final project occupancy. When part of a subdivision they shall be referenced on the recorded subdivision map.
D. 
For common wall development such as attached single-family, townhouses and attached garages, a common wall agreement shall be submitted for approval by the community development services director, and recorded on property title, and thereafter filed with the city, prior to final project occupancy.
(Ord. 25-3031 § 1 (Exh. A), 7/14/2025)

§ 17.26.030 Departures.

A. 
Applicants may request minor departures to the development and design standards set forth in this chapter. The community development services director may modify the requirements, based on consultation with the fire department, if the following criteria are met:
1. 
a. 
The site is constrained due to unusual shape, topography, easements, sensitive areas, the location of preexisting improvements, or other extraordinary situation or condition; or
b. 
The granting of the modification establishes a better development pattern found to be compatible with adjacent development (existing and anticipated) including, but not limited to, pedestrian-oriented development, setbacks, lot orientation, or other contextual elements associated with the proposed development; and
2. 
The modification is consistent with the purpose of this chapter.
(Ord. 25-3031 § 1 (Exh. A), 7/14/2025)

§ 17.26.040 Permitted uses.

Permitted uses in the residential/office district are:
A. 
Single-family dwellings;
B. 
Townhouses and attached single-family dwellings;
C. 
Duplex, triplex and fourplex units;
D. 
Multifamily dwellings;
E. 
Restaurants;
F. 
Professional offices;
G. 
Hotels and motels located west of Harrison Avenue.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2900 § 1 (Exh. A), 2017; Ord. 3012 § 1 (Exh. A), 2024; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.020)

§ 17.26.050 Accessory uses.

A. 
Garages, swimming pools, storage and other uses customarily incidental to the permitted use.
B. 
Family day care homes and adult family care facilities.
C. 
Detached and attached accessory dwelling units (ADUs).
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.030)

§ 17.26.060 Conditional uses.

A. 
Nursing homes.
B. 
Day care centers.
C. 
Hotels and motels east of Harrison Avenue.
(Ord. 2554 § 3, 2003; Ord. 2577 § 5, 2004; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2900 § 1 (Exh. A), 2017; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.040)

§ 17.26.070 Minimum lot size and maximum density.

A. 
Minimum lot size in the residential/office district is 6,000 square feet. No minimum lot size is required if developing townhouses or attached single-family units.
B. 
Maximum density is 24 units per acre.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.050)

§ 17.26.080 Setbacks.

Setbacks in the residential/office district are as follows:
A. 
Residential Uses.
1. 
Ten feet front yard.
2. 
Five feet side yard, except no side setback is required for internal units if developing townhouses or attached single-family units.
3. 
Twenty feet rear yard
B. 
Commercial and Mixed Uses.
1. 
Five feet front, side and rear yard.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.060)

§ 17.26.090 Open area.

The open area requirements in the residential/office district are established as follows:
A. 
Thirty percent for attached and detached single-family uses;
B. 
Twenty percent for townhouse and multifamily development;
C. 
Ten percent for commercial and mixed-use development.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.070)

§ 17.26.100 Height limit.

The building height limits are established as follows:
A. 
Thirty-five feet for all uses with the following exception:
1. 
Forty-five feet for multifamily, hotel, motel, and mixed-use projects located east of Harrison Avenue.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.080)

§ 17.26.110 Lot width.

Minimum lot width is 50 feet. No minimum lot width is required if developing townhouses or attached single-family units.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.090)

§ 17.26.120 Off-street parking.

A. 
Off-street parking shall be provided in the residential/office district in accordance with specifications in Chapter 17.124 BMC.
B. 
Parking along Peace Portal Drive is restricted.
C. 
Parking shall be located in such a manner that access is gained from side streets where possible and single-family housing in the SF districts is minimally impacted by associated traffic.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.100)

§ 17.26.130 Screening.

In addition to the landscape requirements in Chapter 17.126 BMC, at those locations in this district where a nonresidential use is proposed on a lot or lots which abut or are across an alley from residential units, a sight-obscuring buffer is required. This buffer area shall consist of vegetation or fencing, which shall be a minimum of six feet high at the time of installation. Vegetation shall result in a continuous screen. Fencing shall be solid (no chain link fencing is permitted). A break in the buffer is allowed for driveways and pedestrian facilities.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.110)

§ 17.26.140 Impact to adjacent residential housing.

A. 
Light shall not trespass on adjacent properties nor result in glare to adjacent residential occupants.
B. 
Outdoor lights shall be shielded so that the direct light from the fixture is directed downward and does not cross property lines as indicated in this illustration.
17.26.120.tif
(Ord. 2628 § 2, 2006; Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.120)

§ 17.26.150 Design standards.

A. 
The purpose of this section is to ensure that new development recognizes the historic character of the area, emphasizes human scale visual interest, provides pedestrian oriented design, and complements neighboring properties.
B. 
Applicability and Process. The provisions herein apply to all new developments in the district with the exception of attached and detached single-family residences. This exemption from the design review requirements does not include townhouses. For remodels or renovations, improvements may not increase any existing nonconforming material or design elements. Applications shall be reviewed pursuant to the process requirements in Chapter 17.120 BMC.
C. 
Design Standards.
1. 
Where feasible, when lots abut Peace Portal Drive, primary use structures shall be fronted on and oriented towards Peace Portal Drive.
2. 
Front yards shall be designed to function as usable outdoor space and provide a clear, welcoming and safe entry for pedestrians from the public sidewalk and streets.
3. 
Landscaping shall screen outdoor storage areas, dumpsters and open parking stalls.
4. 
When developing townhouses or attached single-family units, entrances to each unit shall be separate and distinct (no common entries). Each unit must have a covered, main entry-related porch or stoop area of at least 40 square feet with no dimension less than five feet. Multifamily, mixed-use or commercial structures may have a common/shared entry; common entries shall be enhanced architecturally to clearly identify them as the building entry. Unit and building entries shall have a pedestrian connection to the adjacent public street, either directly or via an internal pedestrian corridor.
5. 
Townhouse rows shall be modulated along the public street. Rows of townhouses shall be modulated with variations between homes with at least two feet of difference or utilize architectural detailing that clearly delineates the individuality of each unit.
6. 
Where feasible, garages and surface parking should be located behind or to the side of primary buildings.
7. 
Building architectural details and landscaping details shall be embellished to minimize the visual presence of garages and any open driveway parking.
8. 
Garages shall be subordinate to the primary building with similar design and materials.
9. 
When developing multifamily or mixed-use buildings, garbage/recycling areas should be consolidated, located in an enclosure, and screened from public view. Townhouse, single-family, duplex, triplex and fourplex units may have individual totes.
10. 
Landscaping shall be incorporated into all development. Projects shall provide appropriate use of planting materials and landscape structures such as trellises, raised beds and fencing to unify the overall site design. A landscaping and irrigation plan consistent with Chapter 17.126 BMC shall be approved by the city and installed and accepted prior to occupancy. In the event of a conflict with the building setback requirements and the landscaping requirements in Chapter 17.126 BMC, the setback requirements of the district shall prevail.
11. 
With the exception of detached single-family residences, all fences in front and side street setbacks are limited to 42 inches in height and shall be no more than 60 percent opaque. Chain link or cyclone fencing is not allowed in front or side street setbacks. In the event of a conflict with the fencing requirements of this chapter and the fencing requirements in Chapter 17.128 BMC, the requirements of the district shall prevail. Fencing in rear yards may be six feet in height.
12. 
Mixed-use buildings should differentiate commercial and residential uses with architectural details, belly bands, awnings, material change, or other elements that create a distinction between uses.
13. 
Multifamily, mixed-use and commercial buildings three stories or taller shall incorporate architectural details that reflect a distinct base and top. Examples include material change at the second story, parapets, dormer and gable ends or other architectural features.
14. 
Blank Wall Treatment. Blank walls along street facades are not permitted. To eliminate blank walls along the street, the building shall modulated by at least two feet for every 30 feet of wall face, or be screened or treated with architectural detailing. For commercial buildings, a mural, building articulation, landscaping or other similar mechanisms to provide visual interest may be approved by the administrator.
(Ord. 2673 § 3, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.130)

§ 17.26.160 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007; Ord. 2824 § 2 (Exh. A), 2012; Ord. 25-3031 § 1 (Exh. A), 7/14/2025. Formerly 17.26.140)

§ 17.28.010 Purpose.

The residential high-density (RH) district is intended to satisfy the need for higher concentrations of population, and demand for multifamily detached housing. These RH districts are to be located in areas where demands of higher-density population would not overburden existing public services and facilities such as roads, sidewalks, parks and utilities.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.28.020 Uses.

Permitted uses shall be as defined in Table 17.28.A.
Table 17.28.A
P = Permitted Use
C = Conditional Use
P
C
Single-Family Residence
X
Multifamily Residences up to 18 Units per Acre
X
Multifamily Residences over 18 and up to 24 Units per Acre
X
Accessory Structures
X
Home Occupation (Refer to Chapter 17.96 BMC)
X
In-Home Care Facility (Refer to Chapter 17.100 BMC)
X
Schools
X
Church
X
Elderly Housing or Nursing Homes
X
Day Care Center
X
Refer to Chapter 17.92 BMC for conditional use regulations.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2900 § 1 (Exh. A), 2017)

§ 17.28.030 Residential high-density (RH) standards.

A. Building Placement
B. Building Height
Setbacks (measured to foundation)
Maximum
35'
Front
20'
C. Open Area
Rear
20'
Minimum 30% of total property area.
Side (interior)
8'
D. Lot Standards
Street Side (corner lot)
15'
Minimum Width
50'
Rear (corner lot)
8'
Minimum Area
6,000 sf
Accessory Structures (Chapter 17.104 BMC). Structure Setbacks: 4' Side, 8' Rear.
E. Parking (Chapter 17.124 BMC)
Single-Family and Duplex Porch Setbacks (Chapter 17.138 BMC)
Two parking stalls in the form of a parking strip, driveway or garage shall be provided for each home. Stall dimensions are 19' x 8-1/2' each.
Front
10'
Street Side (corner lot)
7'
Deck and Eave Setbacks (Chapter 17.138 BMC). Uncovered decks less than 30'' above grade may encroach 50% into required setbacks.
Eaves may encroach 30% into required setback, but must be at least 3' from property boundary.
Illustration 17.28.030.1 RH Setbacks
(Note: Porch setback area only applies to single-family and duplex)
Blaine17.18.18.1.tif
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.30.010 Purpose.

The residential medium-density (RM) district is intended to accommodate single and multifamily residences up to fourplexes. These areas are to be conveniently located in relation to traffic routes, public utilities and community facilities of adequate capacity to serve present and projected demands.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.30.020 Uses.

Permitted uses shall be as defined in Table 17.30.A.
Table 17.30.A
P = Permitted Use
C = Conditional Use
P
C
Single-Family Residence
X
Duplex
X
Triplex
X
Fourplex
X
Fiveplex
X
Sixplex
X
Accessory Structure
X
Home Occupation (Refer to Chapter 17.96 BMC)
X
In-Home Care Facility (Refer to Chapter 17.100 BMC)
X
School
X
Church
X
Elderly Housing or Nursing Home
X
Day Care Center
X
Refer to Chapter 17.92 BMC for conditional use regulations.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2900 § 1 (Exh. A), 2017)

§ 17.30.030 Residential medium-density (RM) standards.

A. Building Placement
B. Building Height
Setbacks (measured to foundation)
Maximum
35'
Front
20'
C. Open Area
Rear
20'
Minimum 30% of total property area.
Side (interior)
8'
D. Lot Standards
Street side (corner lot)
15'
Minimum Width
50'
Rear (corner lot)
8'
Minimum Area
6,000sf
Accessory Structures (Chapter 17.104 BMC). Structure Setbacks: 4' side; 8' rear.
Minimum Area for Duplex
7,500sf
Single-Family and Duplex Porch Setbacks (Chapter 17.138 BMC)
Minimum Area for Triplex
11,250sf
Front
10'
Minimum Area for Fourplex
15,000sf
Street Side (corner lot)
7'
Minimum Area for Fiveplex
18,500sf
Deck and Eave Setbacks (Chapter 17.138 BMC). Uncovered decks less than 30" above grade may encroach 50% into required setbacks.
Minimum Area for Sixplex
22,000sf
Eaves may encroach 30% into required setback, but must be at least 3' from property boundary.
E. Parking (Chapter 17.124 BMC)
Two parking stalls in the form of a parking strip, driveway or garage shall be provided for each home.
Stall dimensions are 19' x 8-1/2' each.
Illustration 17.30.030.1 RM Setbacks
(Note: Porch setback area only applies to single-family and duplex)
Blaine17.18.19.1.tif
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.31.010 Purpose.

The intent of the single-family – 2 district is to maintain and create an environment which meets the community needs for attached single-family dwellings and single-family dwellings with small accessory apartments, by restricting other uses within the district and by establishing a minimum lot size.
(Ord. 2628 § 2, 2006; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.31.020 Uses.

Permitted uses shall be as defined in Table 17.31.A.
Table 17.31.A
P = Permitted Use
C = Conditional Use
P
C
Single-Family Residence
X
Attached Single-Family Dwelling Units on Two Adjoining Lots
X
Accessory Apartment (Refer to Chapter 17.102 BMC)
X
Accessory Structure
X
Home Occupation (Refer to Chapter 17.96 BMC)
X
In-Home Care Facility (Refer to Chapter 17.100 BMC)
X
Church
X
Nursing Home
X
Day Care Center
X
Refer to Chapter 17.92 BMC for conditional use regulations and process.
(Ord. 2628 § 2, 2006; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2784 § 2 (Att. A), 2011; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.31.030 Design standards.

All development (including remodels and additions) in this chapter shall comply with the design standards contained in Chapter 17.121 BMC.
Attached units must appear as if they are clearly either one single unit or two distinct housing units. Treatments to promote distinct unit appearance shall include separate driveways for each unit, separate prominent entries for each unit, differences in exterior colors for each unit, or other features to enhance the appearance of the structure and encourage compatibility with its surroundings.
(Ord. 2628 § 2, 2006; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.31.040 Single-family 2 (SF-2) standards.

A. Building Placement
B. Building Height
Setback
Maximum
35'
Front
20'
Limited to two stories plus livable attic space.
Rear
20'
C. Open Area
Side
8'
Minimum 40% of total property area.
Street Side (corner lot)
15'
D. Lot Standards – Detached
Side (interior – attached unit)
0'
Minimum Width
50'
Side (exterior – attached unit)
10'
Minimum Area
6,000sf
Rear (corner lot – detached)
8'
E. Lot Standards – Attached
Rear (corner lot – attached)
10'
Minimum Width
37'6"
Accessory Structures (Chapter 17.104 BMC)
Minimum Area
3,750sf
Structure Setbacks: 4' Side; 8' Rear.
F. Parking (Chapter 17.124 BMC)
Porch Setbacks (Chapter 17.138 BMC)
Garages shall be located off alleyways. Two parking stalls are required and at least one must be fully enclosed.
Stall dimensions are 19' x 8-1/2'.
Front
10'
See BMC § 17.121.060 for full design requirements.
Street Side (corner lot)
7'
Deck and Eave Setbacks (Chapter 17.138 BMC)
Uncovered decks less than 30" above grade may encroach 50% into required setbacks.
Eaves may encroach 30% into required setback, but must be at least 3' from property boundary.
Illustration 17.31.040.1 Attached Single-Family
17.31.040.tif
Note: See Illustration 17.32.040.1 for detached setbacks.
(Ord. 2628 § 2, 2006; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.32.010 Purpose.

The intent of the single-family one (SF-1) district is to maintain and create an environment which meets the community needs for single-family dwellings with small accessory apartments, by restricting other uses within the district and by establishing a minimum lot size.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.32.020 Uses.

Permitted uses shall be as defined in Table 17.32.A.
Table 17.32.A
P = Permitted Use
C = Conditional Use
P
C
Single-Family Residence
X
Accessory Apartment (Refer to Chapter 17.102 BMC)
X
Accessory Structure
X
Home Occupation (Refer to Chapter 17.96 BMC)
X
In-Home Care Facility (Refer to Chapter 17.100 BMC)
X
Church
X
Nursing Home
X
Day Care Center
X
Refer to Chapter 17.92 BMC for conditional use regulations.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2784 § 2 (Att. A), 2011; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.32.030 Design standards.

All development (including remodels and additions) in this chapter shall comply with the design standards contained in Chapter 17.121 BMC.
(Ord. 2554 § 3, 2003; Ord. 2628 § 2, 2006; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.32.040 Single-family 1 (SF-1) standards.

A. Building Placement
B. Building Height
Setbacks (measured to foundation)
Maximum
35'
Front
20'
Limited to two stories plus livable attic space.
Rear
20'
C. Open Area
Side (interior)
8'
Minimum 40% of total property area.
Street Side (corner lot)
15'
D. Lot Standards
Rear (corner lot)
8'
Minimum Width
50'
Accessory Structures (Chapter 17.104 BMC)
Structure Setbacks: 4' side; 8' rear.
Minimum Area
6,000sf
Porch Setbacks (Chapter 17.138 BMC)
E. Parking (Chapters 17.121 and 17.124 BMC)
Front
10'
Garages shall be located off alleyways. Two parking stalls are required and at least one must be fully enclosed.
Stall dimensions are 19' x 8-1/2'.
Street Side (corner lot)
7'
See BMC § 17.121.060 for full design requirements.
Deck and Eave Setbacks (Chapter 17.138 BMC)
Uncovered decks less than 30" above grade may encroach 50% into required setbacks.
Eaves may encroach 30% into required setback, but must be at least 3' from property boundary.
Illustration 17.32.040.1 SF-1 Setbacks
Blaine17.18.19.1.tif
(Ord. 2554 § 3, 2003; Ord. 2577 § 5, 2004; Ord. 2628 § 2, 2006; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.34.010 Purpose.

The intent of the residential low-density (RL) district is to maintain and create an environment which meets the needs for single-family detached residential housing, with small accessory dwellings, by restricting uses within the district and by establishing a minimum lot size and a maximum density.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2887 § 1 (Exh. A), 2016)

§ 17.34.020 Uses.

Permitted uses shall be as defined in Table 17.34.A.
Table 17.34.A
P = Permitted Use
C = Conditional Use
P
C
Single-Family Residence
X
Accessory Dwelling Unit (Refer to Chapter 17.102 BMC)
X
Accessory Structure
X
Home Occupation (Refer to Chapter 17.96 BMC)
X
In-Home Care Facility (Refer to Chapter 17.100 BMC)
X
Church
X
Day Care Center
X
Golf and Country Clubs
X
Major Development
X
Refer to Chapter 17.92 BMC for conditional use regulations.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2879 § 1 (Exh. A § 7), 2016; Ord. 2887 § 1 (Exh. A), 2016)

§ 17.34.030 Design.

Accessory dwelling units shall be complementary in design to the primary structure or must comply with the accessory dwelling unit design guideline templates as determined by the director.
(Ord. 2887 § 1 (Exh. A), 2016)

§ 17.34.040 Residential low-density (RL) standards.

A. Building Placement
B. Building Height
Setbacks (measured to foundation)
Maximum
30'
Limited to two stories plus livable attic space.
Front
25'
C. Open Area
Rear
30'
Minimum 40% of total property area.
Side (interior)
8'
D. Lot Standards
Street Side (corner lot)
19'9"
Minimum Width
70'
Rear (corner lot)
8'
Minimum Area
7,200 sf
Accessory Structures (Chapter 17.104 BMC)
Structure Setbacks: 4' side; 8' rear.
E. Parking (Chapter 17.124 BMC).
Porch Setbacks (Chapter 17.138 BMC)
Two parking stalls in the form of a parking strip, driveway or garage shall be provided for each home.
Stall dimensions are 19' x 8-1/2' each.
Front
15'
Street Side (corner lot)
11'9"
Deck and Eave Setbacks (Chapter 17.138 BMC)
Uncovered decks less than 30" above grade may encroach 50% into required setbacks.
Eaves may encroach 30% into required setback, but must be at least 3' from property boundary.
Illustration 17.34.040.1 RL Setbacks
Blaine17.18.22.1.tif
( Formerly 17.34.030; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2756 § 2 (Exh. A), 2010; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2887 § 1 (Exh. A), 2016)

§ 17.38.010 Purpose.

A. 
The intent of the residential planned recreation (RPR) district is to create a residential community overlay district relating to areas within the residential recreation district oriented toward recreation activities such as golf/tennis, hiking and biking. Flexibility of residential unit types, density and mix is allowed in order to provide the recreation facilities and major open space system and to retain the steep slope areas and shorelines in as natural a state as possible. The performance standards in the district require the preparation of an overall master plan for the development to achieve the flexibility of residential unit types and commercial accessory uses, and to provide a guide to phasing the project.
B. 
The purpose of this planned approach is the same as those in Chapter 17.68 BMC, Planned Unit Developments (PUD). Developments under this chapter shall be subject to the procedures for application and approval described in Chapter 17.68 BMC.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2879 § 1 (Exh. A § 3), 2016)

§ 17.38.020 Permitted uses.

Uses permitted in the residential planned recreation district are as follows:
A. 
Single-family detached and attached, standard lot and clustered units and multiple-family, up to an average density of three units per net acre (gross acreage less public road right-of-way and commercial uses);
B. 
Public golf courses with clubhouse and related facilities;
C. 
Athletic clubs for uses such as tennis, racquetball and swimming;
D. 
Public parks, schools, fire stations and utilities.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.38.030 Permitted accessory uses (secondary to permitted uses).

Accessory uses in the residential planned recreation district are as follows:
A. 
Garages, swimming pools and other uses customarily incidental to the permitted single-family detached dwellings; limited commercial activity area to serve the planned residential, planned marine recreation and areas immediately adjacent to the city including: convenience retail, offices, eating and drinking establishments, athletic clubs, and parking related to adjacent marine uses;
B. 
Churches; boat moorages of launching areas; motels, gas stations, other recreation facilities such as wave pools, water slides may also be approved, with conditions, in conjunction with the commercial activity center;
C. 
Family day care homes, adult day cares and adult family care facilities.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.38.031 Conditional uses.

Conditional uses in the residential planned recreation district are:
A. 
Day care centers.
(Ord. 2554 § 3, 2003; Ord. 2577 § 5, 2004; Ord. 2673 § 2, 2007; Ord. 2879 § 1 (Exh. A § 7), 2016)

§ 17.38.050 Minimum lot size.

Minimum lot size for the residential planned recreation district will be established in the approved master plan for the district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.38.055 Residential design standards for RPR zoning district.

A. 
Purpose and Intent. The purpose of these standards is to preserve the unique qualities and natural beauty of the district; to establish and preserve a harmonious and aesthetically pleasing designed residential community; and to promote orderly growth in the RPR district which will protect and enhance the quality of life in West Blaine and the city in general. Application of these standards is intended to achieve the following objectives:
1. 
Ensure housing design is based on architecture that is aesthetically consistent and compatible with other homes in the district.
2. 
Ensure that new homes are designed with sensitivity to their site, the streetscape, and surrounding development.
3. 
Ensure that the design of new homes maintains the scale, context and texture of existing neighborhoods.
B. 
Residential Design Standards. Planned unit developments in the RPR zoning district shall include the following 12 design elements in the master plan for the PUD. The selected elements shall be incorporated into the covenants, codes and restrictions for the development so as to be implemented by the homeowners' association with allowances for change over time as new products or preferences develop within the association.
1. 
Minimum Living Space. Single-family dwellings shall have 1,200 square feet on ground floor.
2. 
Roof Pitch. 4:12 minimum, 12:12 maximum. Up to 25 percent of a roof may be flat or have a reduced pitch, provided the remainder meets the pitch standard.
3. 
Roofing Material(s). Natural cedar shingles or shakes, or a substitute roofing material which looks like shingles or shakes in size, thickness, texture and color, including two-ply and three-ply fiberglass backed tab shingles providing a strong shadow line.
4. 
Roof Plan. No HVAC devices except flues and vents are to be mounted on rooftops. Solar collectors and/or skylights mounted on a roof should not exceed 20 percent of total roof area.
5. 
Siding(s). The primary siding material shall be stone, wood, wood shingles, or a material with a similar look such as cement board. Materials that do not effectively mimic natural stone or wood siding, such as vinyl or aluminum siding, are prohibited.
6. 
Accent Material(s). The accent material(s) (exposed unpainted wood, wood shingles, stone, brick, etc.) must be used on one or more elevations, but should be used to accentuate certain features or areas only. Accent materials shall cover between 10 and 30 percent of the street facing facade(s). Accent materials that wrap around corners (e.g., from front to side elevations) should continue at least to the nearest inside corner or provide an architectural terminus. The intent of this requirement is that material transitions do not occur at outside corners or in the mid-area of any particular wall plane.
7. 
Exterior Color Scheme. Exterior finish shall be of earth tone hues, primarily consisting of greens, browns, tans and grays intended to be compatible with a forested setting.
8. 
Window Sash. Permitted materials include: wood, aluminum and vinyl in color that coordinates well with external wall colors. Highly reflective material such as aluminum is not permitted.
9. 
Foundation Exposure. Above grade foundation exposure should not exceed six inches. Foundation exposures in excess of six inches are allowed in limited circumstances. In such cases, the entire foundation face will be painted to match the body color of the house, a similar complementary color, or shall be screened with landscaping and/or treated with a siding veneer that coordinates with the building exterior.
10. 
Exterior Appearance. Unallowable exterior elements include: perimeter fencing, outside clotheslines and foil or reflective material used on windows.
11. 
Utility/service connections on buildings (gas and electric meters, telephone and security system boxes, etc.) must be screened from street view.
12. 
Exterior Lighting. Indirect lighting is preferred, but limited direct decorative lighting is acceptable if lighting fixture types are recessed cans or pot lights, below-ground up-lighting, low-height louvered landscape lights, or wall-mounted shielded up lights or down lights. Light trespass is not permitted.
(Ord. 2872 § 2 (Exh. A-4), 2015)

§ 17.38.060 Setback – Land coverage – Height – Lot width.

Setbacks, land coverage, height limit and lot width for the residential planned recreation district will be established and approved as part of the master plan and individual phases.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.38.070 Off-street parking.

Off-street parking for the residential planned recreation district shall be provided in accordance with specifications in Chapter 17.124 BMC, Parking and Loading, or as modified in an approved planned unit development.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012)

§ 17.38.080 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)

§ 17.42.010 Purpose.

The intent of the planned residential (PR) district is to promote an orderly transition from a rural to residential development, to encourage land uses and associated densities which will be complementary with existing rural densities, while allowing reasonable transition uses of the properties. In addition, it is the intent of this district to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land use by allowing an option for clustering of residential lots (see Chapter 17.68 BMC, Planned Unit Developments (PUD)).
Flexibility of residential unit types, density and mix is allowed in order to provide major open space systems and to retain the wetlands, streams, aquifer recharge areas, and wildlife habitat corridors in as natural a state as possible.
A. 
Projects larger than five acres require the submittal of a planned unit development application to achieve the flexibility of residential unit types and commercial accessory uses, and to provide a guide to phasing any future project.
B. 
Projects that are five acres or smaller have the option of submitting a planned unit development application to achieve greater flexibility as defined in Chapter 17.68 BMC.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2828 § 2 (Exh. A), 2013)

§ 17.42.020 Permitted uses.

Permitted uses in the planned residential district are:
A. 
Single-family detached dwellings;
B. 
Single-family attached dwellings; provided, that public sewer, water, storm water collection (quality) and retention (quantity) facilities serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the district;
C. 
Garden and plant nurseries;
D. 
Raising of crops and livestock, excluding dairy farming;
E. 
Noncommercial neighborhood parks and public recreation facilities;
F. 
Agriculture including animal husbandry, horticulture, viticulture, floriculture, silviculture and beekeeping;
G. 
Manufactured home subdivisions when developed in compliance with Chapter 17.114 BMC;
H. 
Manufactured home parks when developed in compliance with Chapter 17.116 BMC;
I. 
One attached or detached accessory dwelling unit (ADU) provided the ADU is served by public water and sewer.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2784 § 2 (Att. A), 2011; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.42.030 Accessory uses.

Garages, home occupations, swimming pools, and other uses customarily incidental to the permitted uses are accessory uses in the planned residential district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.42.040 Conditional uses.

Conditional uses in the planned residential district are:
A. 
Kennels;
B. 
Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses;
C. 
Public schools, and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction;
D. 
Churches, educational and religious training institutions, summer camps, and cemeteries;
E. 
Retirement, boarding and convalescent homes, social and health rehabilitation centers, child and adult care centers in a building not used as a primary residence except as it relates to the owner or manager of said facility; and other health-related services consistent with the purpose of the district;
F. 
Neighborhood grocery stores, drug stores, barber/beauty shops, laundromats or restaurants; provided, that:
1. 
The gross commercial floor area per building shall not exceed 8,000 square feet, including sales and storage areas. No single use or business within the 8,000-square-foot area shall exceed 2,500 square feet;
2. 
Storage areas shall be located entirely within the structure; however, outside trash receptacles shall be enclosed and screened from public view;
3. 
Hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.;
4. 
Height of the building shall not exceed 25 feet from the average grade;
5. 
The site shall be full fronting on two or more improved public roads or streets;
6. 
All lighting shall be designed and installed to prevent the illumination of adjacent properties during business hours; however, security lighting may be permitted during nonbusiness hours if it is designed to prevent the illumination of adjacent properties;
G. 
Bed and breakfast lodgings (Chapter 17.98 BMC);
H. 
Golf courses and commercial recreation facilities related to golf courses with a residential housing component are allowed under the planned unit development process subject to the following:
1. 
Full compliance with the aquifer protection development standards;
2. 
Evidence of a viable nondomestic water source for irrigation.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2784 § 2 (Att. A), 2011; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.42.050 Maximum density, minimum lot size.

For the purpose of creating new building lots within the planned residential district, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, storm water collection and retention facilities serve the project site. The minimum lot size allowed outright shall be one unit in five acres for a single-family dwelling unit; however, if the property is served by public sewer, water, storm water quality and quantity drainage facilities, then the maximum average density shall be four units per gross acre excluding any density bonus allowed by existing ordinance.
A. 
All preliminary plats shall provide a minimum density of no less than four units per net acre. For the purposes of this chapter, net acres shall be considered total acreage less roads, critical areas with associated buffers, and storm water management facilities.
B. 
Minimum density thresholds defined in sub-section (A) of this section shall not apply to properties that have been previously master planned and are subject to an active PUD approval.
(Ord. 2554 § 3, 2003; Ord. 2824 § 2 (Exh. A), 2012; Ord. 2828 § 2 (Exh. A), 2013; Ord. 2835 § 2 (Exh. A), 2013)

§ 17.42.060 Setbacks – Open area – Height – Lot width.

A. 
Those properties not developed under a planned unit development shall have the following setbacks:
1. 
Front, 25 feet;
2. 
Rear, 30 feet;
3. 
Side, eight feet on each side.
B. 
Height limit is 30 feet.
C. 
Minimum open area shall be 40 percent of the total property area.
D. 
Minimum lot width shall be 75 feet.
E. 
Those properties developed as a planned unit development shall have setbacks, open area, and lot width established and approved as part of the planned unit development process. Height limit is 35 feet or three stories. The minimum open space requirements under the lot cluster provision shall be 20 percent and any deviation from this provision shall only be allowed at the discretion of the director. Critical areas shall be considered part of the open space area in order to protect them from human activity.
(Ord. 2554 § 3, 2003; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.42.070 Off-street parking.

Off-street parking for the planned residential district shall be provided in accordance with specifications in Chapter 17.124 BMC, Parking and Loading, or as modified in an approved planned unit development.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.42.080 Modifications and reinforcement to the planned unit development standards.

Planned unit development proposals in an aquifer recharge area shall be evaluated for their potential adverse impacts on ground water quality and quantity. The project shall be conditioned to minimize the potential contamination from such sources.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.42.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007; Ord. 2824 § 2 (Exh. A), 2012)

§ 17.43.010 Purpose and intent.

A. 
The urban mixed-use (UMU) zoning district is intended to implement comprehensive plan goals and policies directing the city's future growth within a compact urban center. This designation is intended to accommodate a compatible mix of residential and commercial land uses, with provisions for attached single-family and townhouses, duplex/triplex, and multifamily, in conjunction with a range of commercial uses.
B. 
Development and design standards in this district emphasize pedestrian-oriented design with street oriented front porches, entries and windows, and architectural and landscape features that add human scale visual interest, while also accommodating higher density residential development and mixed uses.
C. 
Flexibility in applying standards to site and building design is encouraged when the proposal is consistent with the board intent of implementing higher density infill, mixed uses, or strong pedestrian-oriented design.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.020 Applicability.

The regulations of this chapter apply to any area within the city designated with a UMU zoning designation, on the most recent approved city zoning map.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.030 Subdivision.

A. 
Attached single-family units, townhouse units, and/or individual buildings with mixed uses, including multifamily and commercial uses, developed pursuant to this chapter may be subdivided into individual fee simple lots if approved as part of a subdivision pursuant to BMC Title 17.
B. 
Lots created pursuant to this chapter do not need to comply with the subdivision design standards in Chapter 17.74 BMC.
C. 
Legal documents identifying the rights and responsibilities of property owners and/or a homeowners' association for use and maintenance of common facilities, utilities, easements, tracts, or other common improvements shall be submitted for approval by the community development services director, and recorded on property title, and thereafter filed with the city, prior to final project occupancy. When part of a subdivision they shall be referenced on the recorded subdivision map.
D. 
For common wall development such as attached single-family, townhouses and attached garages, a common wall agreement shall be submitted for approval by the community development services director, and recorded on property title, and thereafter filed with the city, prior to final project occupancy.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.040 Departures.

A. 
Applicants may request minor departures to the development and design standards set forth in this chapter. The community development services director may modify the requirements, based on consultation with the fire department, if the following criteria are met:
1. 
a. 
The site is constrained due to unusual shape, topography, easements, sensitive areas, the location of preexisting improvements, or other extraordinary situation or condition; or
b. 
The granting of the modification establishes a better development pattern found to be compatible with adjacent development (existing and anticipated) including, but not limited to, pedestrian-oriented development, setbacks, lot orientation, or other contextual elements associated with the proposed development; and
2. 
The modification is consistent with the purpose of this chapter.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.050 Permitted uses.

Permitted uses in the urban mixed-use zone are:
A. 
Retail sales and service;
B. 
Professional offices;
C. 
Personal and business services;
D. 
Motor vehicle sales (automobiles, motorcycles, scooters, boats, recreational vehicles, etc.) when business activities are conducted entirely within an enclosed showroom;
E. 
Hardware and lumber sales;
F. 
Restaurants, drinking and entertainment establishments;
G. 
Commercial day care centers;
H. 
Hotels and motels;
I. 
Short-term rentals;
J. 
Theaters, art galleries, and art studios;
K. 
Commercial recreation, such as swimming pools, bowling alleys, skating rinks, and miniature golf;
L. 
Repair shops for small equipment and items;
M. 
Live/work;
N. 
Care shops for small animals (house pets such as dogs, cats, etc.);
O. 
Electric vehicle charging stations, included but not limited to EV charging station, rapid charging station, battery exchange station;
P. 
Townhouses and attached single-family;
Q. 
Duplex, triplex, fourplex units;
R. 
Multiple-family dwellings;
S. 
Detached and attached accessory dwelling units (ADUs).
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.060 Development standards.

Table 17.43.060 Development Standards
Development Standards
Minimum Lot Size
None
Maximum Lot Size
None
Maximum Density
24 units/acre
Setbacks From Property Lines
5 feet, 10 feet rear, 10 feet front (1)(2)(3)(4)(5)
Maximum Height
45 feet
Open Area
15%
Notes:
1.
No interior side setback is required if developing townhouses or attached single-family units. Appropriate fire separation must be provided.
2.
With the exception of units facing a public street, 30 percent of units in the total development may reduce the side yard setback to three feet, provided it is demonstrated the fire separation requirements are met. Building eaves for these structures must be fire-rated and no more than 12 inches.
3.
Porches with a screening wall 42 inches in height or less, as measured from the porch's elevation, may encroach five feet into the 10-foot front yard setback.
4.
Roof eaves and overhangs may encroach into side yard setbacks a maximum of two feet.
5.
When developing units fronting on private lanes or common pedestrian corridors, the lane or corridor line nearest the unit shall be considered the property line for measuring setbacks.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.070 Parking and Loading.

A. 
General parking and loading requirements shall be pursuant to Chapter 17.124 BMC, except that:
1. 
All nonresidential uses shall provide off-street parking at a ratio of one space per 200 square feet of floor area.
2. 
Residential shall provide minimum parking as follows:
a. 
Studios – one-half stall per studio.
b. 
All other unit types – one stall per unit.
B. 
Designated parking areas are permitted in front yard setbacks.
C. 
Parking may be consolidated for all housing types.
D. 
Parking and garage access from an internal lane is preferred over parking and garage access from an abutting public street.
E. 
The maneuvering area between the back of parking (or a garage/carport entry) and a public street shall be dimensioned to prevent parked cars from overhanging into the street or lane.
F. 
Departures from parking requirements may be approved through the process in BMC 17.43.040.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.080 Access Improvement Standards.

A. 
All new development shall improve adjacent public streets to the city's standards as established by the public works director. This may include street improvements, curbs, gutter, sidewalk and street trees.
B. 
Adequate water, sewer, and drainage facilities are required prior to the time of occupancy. Additional septic tanks are prohibited.
C. 
Each lot or building in a development must abut a public street, private lane, or common pedestrian corridor. Each dwelling unit or building must have direct access to a pedestrian facility that provides access to a street or lane. Lots and buildings do not have to abut a public right-of-way (lot frontage is not required); vehicular and pedestrian access may be provided via easements.
D. 
Private lanes and common pedestrian corridors must be constructed and maintained to the following minimum improvement standards:
1. 
Small lane (one dwelling unit) – 12 feet travel lane width and consistent with Chapter 15.08 BMC.
2. 
Medium lane (two to 10 dwelling units) – 16 feet travel lane width, four feet pedestrian path, 20 feet total width.
3. 
Large lane (more than 10 dwelling units) – Per city of Blaine Private Road Standards, 22 feet travel lane width, four feet sidewalk one side, rolled or vertical curb.
4. 
Common pedestrian corridor – four feet pedestrian path, 10 feet total width.
5. 
All units must meet ADA accessibility standards.
E. 
Lanes and common pedestrian corridors shall be:
1. 
Surfaced with hard material such as concrete or asphalt, except that asphalt shall not be used for common pedestrian corridors.
2. 
Pedestrian paths within a lane or fire apparatus road may be flush with the travel lane or may be provided adjacent to the travel lane with curb.
3. 
Pedestrian paths within a travel lane must be delineated with a change in material, color or pattern.
4. 
Parking is not allowed within the lane width but may be allowed abutting a lane, provided parking is not allowed on a front lawn or outside a designated parking area.
5. 
Pedestrian paths within common pedestrian corridors shall be separated from property lines, fences, walls and hedges by a minimum of two feet. Fences and hedges shall comply with Chapter 17.128 BMC, Fences, Walls and Hedges, unless otherwise noted.
6. 
Lanes utilized for fire apparatus access shall be designed to support loads from emergency vehicles, must remain unobstructed, and may require fire lane signage, or other mitigation as determined by the fire department.
F. 
Notwithstanding the above design requirements, all private internal lanes must be approved by the city for fire and life safety purposes.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.090 Design Standards.

A. 
The purpose of this section is to ensure that new development in the UMU zoning designation emphasizes human scale visual interest, provides pedestrian oriented design, and complements neighboring properties. Site and building design should enhance the public realm, create a sense of place, foster social interaction and provide privacy for residents.
B. 
Applicability and Process. The provisions herein apply to all new developments in the UMU zone. For remodels or renovations, improvements may not increase any existing nonconforming material or design elements. Applications shall be reviewed pursuant to the process requirements in Chapter 17.120 BMC.
C. 
Design Standards.
1. 
Residential and commercial development should be oriented to adjacent public streets, internal lanes or common pedestrian corridors, and should have a primary entry fronting a public street, internal lane or common pedestrian corridor.
2. 
Entrances for townhouse and attached single-family units shall be separate and distinct (no common entries). Each building must have a covered, main entry-related porch or stoop area of at least 40 square feet with no dimension less than five feet. Multifamily, mixed-use or commercial structures may have a common/shared entry; common entries shall be enhanced architecturally to clearly identify them as the building entry.
3. 
Unit and building entries shall have a pedestrian connection to the adjacent public street, either directly or via an internal lane or common pedestrian corridor.
4. 
Surface parking should be located behind or to the side of multifamily or mixed-use structures.
5. 
Building architectural details and landscaping details shall be embellished to minimize the visual presence of garages and any open driveway parking.
6. 
Townhouse rows shall be modulated along the public street. Rows of townhouses shall be modulated with variations between homes with at least two feet of difference, or utilize architectural detailing that clearly delineates the individuality of each unit.
7. 
When developing multifamily or mixed-use buildings, garbage/recycling areas should be consolidated, located in an enclosure, and screened from public view. Townhouse, attached single-family, duplex, triplex and fourplex units may have individual totes.
8. 
Landscaping shall be incorporated into all development. Projects shall provide appropriate use of planting materials and landscape structures such as trellises, raised beds and fencing to unify the overall site design. A landscaping and irrigation plan consistent with Chapter 17.126 BMC shall be approved by the city and installed and accepted prior to occupancy. In the event of a conflict with the building setback requirements and the landscaping requirements in Chapter 17.126 BMC, the setback requirements of the UMU district shall prevail.
9. 
All fences in front and side street setbacks are limited to 42 inches in height and shall be no more than 60 percent opaque. Chain link or cyclone fencing is not allowed in front or side street setbacks. In the event of a conflict with the fencing requirements of this chapter and the fencing requirements in Chapter 17.128 BMC, the requirements of the UMU district shall prevail.
10. 
Mixed-use buildings should differentiate commercial and residential uses with architectural details, belly bands, awnings, material change, or other elements that create a distinction between uses.
11. 
Multifamily, mixed-use and commercial buildings three stories or taller shall incorporate architectural details that reflect a distinct base and top. Examples include material change at the second story, parapets, dormer and gable ends or other similar architectural features.
12. 
Blank Wall Treatment. Blank walls along street facades are not permitted. To eliminate blank walls along a street, the building shall be modulated by at least two feet, or be screened or treated with architectural detailing. For commercial buildings, a mural, building articulation, landscaping or other similar mechanism to provide visual interest may be approved by the administrator.
13. 
Lighting.
a. 
General.
i. 
Lighting trespass that spills over onto neighboring residential properties or causes glare on adjacent streets is prohibited. The maximum illumination level at the property line abutting residential properties shall not exceed 0.1 foot-candles.
ii. 
Lighting design should include the installation of timers, photo sensors, and other energy-saving devices.
b. 
Facade Lighting. Facade-mounted lighting fixtures that wash the face of the building are encouraged for mixed-use and commercial buildings. Shielded, full cut-off fixtures shall be used with illumination not exceeding five foot-candles. Up lights should be avoided but can be used discretely if necessary.
c. 
Yard Lighting. Low-level (bollards or recessed) lighting fixtures shall be installed for interior walkways. Pole-mounted lights may provide additional lighting as necessary but shall be down-shielded.
d. 
Parking Lighting. Parking area and walkways must be lit. Commercial properties that are adjacent to residential areas shall reduce the lighting in their parking lots to an average of 0.2 foot-candles one hour after closing. Light trespass standards also apply.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.43.100 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals.
(Ord. 25-3028, 4/28/2025, § 1 (Exh. A))

§ 17.44.010 Purpose.

The planned commercial (PC) district is created to allow establishment of commercial shopping centers which conform to an overall development plan. An area zoned planned commercial which is going to be developed under these regulations must be a contiguous parcel under one ownership, or with binding agreements acceptable to the city indicating joint development. Minimum site size for a planned commercial development is five acres. The primary purpose of this district is to meet the need for new commercial areas while avoiding adverse impacts to surrounding uses and streets. Planned commercial district applications must conform to the requirements and procedures of Chapter 17.68 BMC.
Existing uses on parcels of one acre or less may be expanded once up to a maximum of 50 percent with an approved building permit through administrative review, unless otherwise required by this chapter; provided adequate provision is made for streets, water, sewer and drainage prior to occupancy. If the existing commercial use abuts residential property, provision for a screening buffer shall be made per BMC § 17.44.080.
New, relocated or transitional uses/activities being built on sites less than five acres can be approved as conditional uses so long as the use is consistent with the uses permitted as conditional uses in BMC § 17.44.040, meet required development standards listed in this chapter, and acceptable provision for streets, water, sewer and drainage is made prior to occupancy.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2811 § 2 (Exh. A), 2012)

§ 17.44.020 Permitted uses.

Permitted uses in the planned commercial district are:
A. 
Retail sales and service;
B. 
Medical offices;
C. 
Financial, insurance and real estate offices;
D. 
Restaurants, drinking and entertainment establishments;
E. 
Laundromats;
F. 
Overnight accommodations;
G. 
Commercial recreation facilities such as swimming pools, bowling alleys, skating rinks and miniature golf;
H. 
Commercial day care centers;
I. 
Multiple-family dwellings up to 18 units per acre. (First unit at 6,000 each, additional at 2,200 square feet.)
J. 
Electric vehicle charging stations, including but not limited to EV charging station, rapid charging station, battery exchange station.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; A(2), 2011; Ord. 2793 § 2 Exh)

§ 17.44.030 Conditional uses.

Those uses which are permitted in this district as part of a planned development (five-acre minimum parcel size) which are proposed for development on a parcel smaller than five acres are conditional uses. In addition to the uses specified at BMC § 17.44.020, the following are conditional uses in this district:
A. 
Auto service and gas stations;
B. 
RV parks meeting established standards in Chapter 17.108 BMC.
( Formerly 17.44.040; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.44.040 Minimum lot size.

A. 
Planned commercial developments must be a minimum of five acres.
B. 
Planned commercial district area lot size for conditional uses, unless otherwise specified in this chapter, shall be determined by the review authority.
C. 
No minimum lot size is required for existing uses; for purposes of expanding an existing use per BMC § 17.44.010, a maximum lot size of one acre is allowed.
( Formerly 17.44.050; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.44.050 Setback, land coverage and height limit.

A. 
Setback, land coverage and height limit in the planned commercial district are to be established through site plan review as outlined in Chapter 17.68 BMC. Adequate setbacks will be maintained adjacent to natural drainage areas or streams to preserve vegetation. Setbacks for merchandise shall be as specified in the highway commercial district at BMC § 17.24.060.
B. 
Displays of merchandise shall extend no further from the building foundation line than eight feet, and in no case is merchandise to encroach on the public right-of-way.
C. 
Conditional uses and existing uses shall conform to the provisions of BMC § 17.24.060, Subzone A (Peace Portal).
( Formerly 17.44.060; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2811 § 2 (Exh. A), 2012)

§ 17.44.060 Off-street parking.

Parking requirements specific to the planned commercial district are defined in BMC § 17.124.117.
( Formerly 17.44.070; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.44.070 Screening.

The site of a planned commercial district shall be screened from adjacent residential uses and the freeway (I-5) to avoid negative visual and noise impacts identified with the development. Natural drainage areas and shorelines of streams will be retained in as natural state as possible. Screening and buffer requirements shall be established through the site plan review process.
( Formerly 17.44.080; Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.44.080 Development standards.

The proposed development shall improve adjacent streets to the city's standards as established by the public works director. This may include street improvements, curb, gutter, sidewalk and street trees. Adequate water, sewer, and drainage facilities are required prior to the time of occupancy. Additional septic tanks are prohibited.
( Formerly 17.44.090; Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.44.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
( Formerly 17.44.100; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009)

§ 17.45.010 Purpose.

The purpose of this district is to provide adequate land for public facilities and open spaces, preventing the acquisition of such land through adverse possession as required in Chapter 36.70A RCW, and permitting continued use of such public facilities and preservation of community open spaces and greenbelts.
(Ord. 2628 § 2, 2006; Ord. 2673 § 2, 2007)

§ 17.45.020 Permitted uses.

Uses operated by public institutions or reserved for community purposes or open space.
(Ord. 2628 § 2, 2006)

§ 17.45.030 Accessory uses.

Accessory uses include those customarily incidental to public uses, including, but not limited to, storage sheds, park facilities, parking lots, and monuments or kiosks.
(Ord. 2628 § 2, 2006)

§ 17.45.040 Conditional uses.

A. 
Schools, museums or other private, nonprofit facilities of a civic nature;
B. 
Structures over 35 feet.
(Ord. 2628 § 2, 2006)

§ 17.45.050 Minimum lot size.

There is no minimum lot size.
(Ord. 2628 § 2, 2006)

§ 17.45.060 Setbacks.

Setbacks for all buildings in this district are:
A. 
Front, 20 feet;
B. 
Rear, 20 feet;
C. 
Side, eight feet.
(Ord. 2628 § 2, 2006; Ord. 2673 § 2, 2007)

§ 17.45.070 Maximum height.

The maximum height in this district is 35 feet.
(Ord. 2628 § 2, 2006; Ord. 2673 § 2, 2007)

§ 17.45.080 Off-street parking.

Off-street parking shall be provided in accordance with provisions of Chapter 17.124 BMC.
(Ord. 2628 § 2, 2006)

§ 17.45.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)

§ 17.46.010 Purpose.

The purpose of this chapter is to regulate the location of adult entertainment enterprises in order to promote the health, safety and welfare of all city of Blaine citizens and in order to preserve and protect the quality of, and the quality of life in and around, all of the city of Blaine neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record.
Adult entertainment uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a deleterious effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult entertainment uses is necessary to avoid adverse effects arising from adult entertainment businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this section that these uses be contained in a dispersed manner within a specific adult entertainment overlay (AO) district, that overlays certain manufacturing-zoned areas.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.020 Definitions specific to chapter.

A. 
"Adult entertainment uses"
are those adult entertainment businesses defined in BMC § 8.30.020 as adopted and amended and include:
1. 
Adult book stores;
2. 
Adult motion picture theaters;
3. 
Adult arcades;
4. 
Adult cabarets; and
5. 
Adult motels.
B. 
"Body studio"
means and includes any premises other than a massage parlor, reducing salon, health spa or public bathhouse, upon which is furnished for a fee or charge or other like consideration, or which is offered to be furnished the opportunity to paint, massage, feel, handle or touch the unclothed body or any unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.
C. 
"Escort and introductory services"
means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this chapter.
D. 
"Massage parlor"
means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided.
E. 
"Specified sexual activities"
means any of the following:
1. 
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. 
Acts of human sex, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. 
Human masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in this chapter.
F. 
"Specified sexual exhibitions"
means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises' activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
(Ord. 2554 § 3, 2003)

§ 17.46.030 Prohibited uses within city limits.

A. 
Adult entertainment businesses not included in the definition of "adult entertainment uses" pursuant to BMC § 8.30.020 are prohibited within the city limits of Blaine. These activities include but are not limited to massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of "adult entertainment uses."
B. 
Adult entertainment uses are prohibited in all districts other than the adult entertainment overlay (AO) district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.040 Designated.

The adult entertainment overlay (AO) district shall overlay the manufacturing (M) district as indicated in the official Blaine zoning map. The overlay shall have no effect on the uses otherwise permitted in the manufacturing district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.050 Permitted uses.

Adult entertainment uses shall be permitted within the adult entertainment overlay district upon meeting the conditions set forth below:
A. 
Not more than one adult entertainment use may be located within 500 feet of another such use unless otherwise determined by the city council, pursuant to BMC § 17.46.130(A).
B. 
The building that contains the adult entertainment business and signs relating to the business shall not be located within 1,000 feet of any of the following:
1. 
The outside boundary of any parcel that already contains a public school, private school, or day care;
2. 
The outside boundary of any parcel that already contains a church or other house of worship;
3. 
An existing public park;
4. 
The outside boundary of any parcel that already contains a public library;
5. 
A residential district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.060 Minimum lot size.

There is no minimum lot size in the adult entertainment overlay district.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.070 Setbacks.

Minimum setback requirements in the adult entertainment overlay district:
A. 
No building or other structure shall be closer than 30 feet from street right-of-way lines.
B. 
No building or other structure shall be closer than 40 feet from adjacent property lines.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.080 Building height.

Maximum building height in the adult entertainment overlay district is 35 feet.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.090 Lot width.

The minimum lot width in the adult entertainment overlay district is 80 feet.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.100 Landscaping.

In addition to the landscaping requirements contained in Chapter 17.126 BMC, Landscaping, the following requirements shall apply to adult entertainment uses where the adult entertainment use abuts or is across an alley from another building or licensed business.
A. 
Barrier buffers shall be installed the full length of property lines where adjacent licensed businesses are already established.
B. 
The buffer shall create a sight-obscuring barrier between the adult entertainment use consisting of a minimum 10-foot-wide planting strip, a sight-obscuring fence, and six-foot-tall evergreens located on the property boundary (spaced to grow together within three years).
(Ord. 2554 § 3, 2003)

§ 17.46.110 Off-street parking.

A. 
Off-street parking is required pursuant to Chapter 17.124 BMC, Parking and Loading.
B. 
On-street parking is prohibited.
(Ord. 2554 § 3, 2003)

§ 17.46.120 Adult entertainment signs.

A. 
Signs shall be consistent with Chapter 17.122 BMC.
B. 
Signs shall not depict or describe "specified sexual activities" or "specified anatomical areas" as defined in BMC § 8.30.020.
C. 
Signs advertising adult entertainment businesses shall be limited to visibility only on roads immediately adjacent to or within the adult entertainment overlay district. Under no circumstances shall these signs be visible from the I-5 freeway.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)

§ 17.46.130 Procedures.

The process for obtaining extensions to the termination of a nonconforming adult entertainment use, as provided in BMC § 17.94.140, Termination of nonconforming adult uses, and the 500-foot setback exception as set forth in BMC § 17.46.050(A), Permitted uses, shall be processed and approved as set forth in this section.
A. 
Exceptions to the 500-foot setback from one adult entertainment use to another such use (BMC § 17.46.050(A)):
1. 
Exceptions to the 500-foot setback from one adult entertainment use to another such use as allowed in BMC § 17.46.050(A) are to be processed in accordance with the process for a variance, and shall meet all of the variance criteria and standards as set forth in BMC § 17.06.170, except that the city council shall hear requests for exceptions under BMC § 17.46.050(A).
B. 
Extensions to the termination of a nonconforming adult entertainment use (BMC § 17.94.140):
1. 
The process for obtaining approval of a six-month extension shall be the open record hearing process as set forth generally in Chapter 17.92 BMC et seq., or as amended, except that in all circumstances the public hearing shall be conducted by and the decision on an extension request shall be made by the city council. This process shall, at a minimum, require a preapplication conference and a public hearing, following public notice, in the same manner as required for a zoning conditional use permit.
2. 
The application submission requirements at a minimum, include the following:
a. 
A completed application for an extension use signed by the owner(s) of the subject property or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application, and signed by the owner of the business or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application.
b. 
The required filing fees as established by city ordinance shall be paid to the city upon submission of an application for approval of an extension.
c. 
A list of all property owners within 200 feet of the subject property.
d. 
A deposit for the costs of notice, including published notice and mailing costs, as reasonably estimated by the city. Failure to submit the deposit shall not constitute an incomplete application, but failure to pay the actual costs of notice prior to the hearing shall result in the denial of the application.
3. 
Within 28 days of submittal of the documents listed in subsection (B)(2) of this section to the director, the director will determine whether the submittal is complete, or whether additional information is needed. If the application is incomplete, the director shall give written notice to the applicant of the additional information required. The application will lapse and be rejected without further action if the applicant fails to provide the requested information within 21 days of the date of the director's request. Once the requested information is received, the director will then have 14 days to review the information and determine if the application is complete. Nothing herein shall extend the deadline for submitting a complete application as set forth in subsection A of this section. Nothing herein shall limit the director from determining an application is complete and requiring additional information.
4. 
No later than 28 days following submittal of a complete application, the director shall:
a. 
Mail a letter of completeness to the applicant;
b. 
Establish a public comment period on the application. This period shall expire 15 days after the public notice of application;
c. 
Publish notice of the complete application and notice of the city council public hearing on the application for extension. Notice of the public hearing shall be made as follows:
i. 
Posting by the director at City Hall and the public library, and by the applicant in three conspicuous places on the perimeter of the property;
ii. 
Publication at the expense of the applicant in a newspaper officially designated by the city council for such purposes, one time at least seven days in advance of the date of hearing; and
iii. 
Direct mailing of the city's notice of public hearing to all owners of real property within 200 feet of the subject property, no later than seven days prior to the hearing date. The owners shall be identified as those shown on the current records of the Whatcom County assessor. The mailing is to be done by the applicant using certified or registered mail service with return receipt. Written proof of such mailing shall be supplied by the applicant for the director's file prior to the hearing date;
d. 
All costs of required notice shall be borne by the applicant and shall be paid at or before the public hearing. Failing to pay all of the costs of notice for the application for an extension shall result in the denial of the application for the extension.
5. 
Appeals. Appeals from any decision of the city council made pursuant to this section shall comply with the requirements of BMC § 17.06.190.
(Ord. 2554 § 3, 2003)

§ 17.46.140 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)