Blaine City Zoning Code
Division 6
DEVELOPMENT REQUIREMENTS
§ 17.92.010 Purpose.
The purpose of this chapter is to establish the process for the review of conditional use permit applications and the criteria that must be met in order to grant approval.
(Ord. 2554 § 3, 2003)
§ 17.92.020 Applicability.
A.
The provisions of this chapter shall apply to all uses classified in the city land use code as conditional uses including all accessory use to uses so classified.
B.
The director may determine that a use not otherwise listed in the district may be approved as a conditional use if it is clearly similar in character and impact to other uses permitted or conditionally permitted in the district.
(Ord. 2554 § 3, 2003)
§ 17.92.030 Applications for a conditional use permit.
Applications for a conditional use permit shall be submitted to the community development services department using forms provided by the department. A determination of complete application will be based on the information provided on the form as well as the information required in BMC § 17.92.040. Conditional use permits require an open record hearing. They are processed as Type II-HE decisions as provided in Chapter 17.06 BMC unless the provisions of BMC § 17.02.050(D)(2) apply, in which case they are processed as Type II-CC decisions.
(Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.92.040 Application submittal requirements.
Persons making application for a conditional use permit shall submit the following:
A.
Completed conditional use permit application form(s) 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.
B.
A vicinity map showing the location of the site in relationship to surrounding areas, including existing streets, major physiographic and cultural features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features.
C.
A site plan drawn to a suitable scale with the approval of the director, showing the following:
1.
The property boundary, area and dimensions of the lot(s) on which the use will be established.
2.
Land use on adjoining properties.
3.
The location of existing and proposed structures, their size, current use, if applicable, and their proposed use.
4.
The location and dimensions of all easements and rights-of-way abutting or crossing the site, and the location of existing and proposed vehicular access.
5.
Topography lines at an interval of five feet, unless the director determines that some other contour interval is more appropriate based on the characteristics of the site; provided the director may waive this requirement if topographic information is determined to not be necessary based on the specific application.
6.
Other site information that may be listed as required on the conditional use application form.
D.
SEPA checklist, if required, shall be typewritten or in ink and signed.
E.
The required applications fees as specified in the unified fee schedule shall be paid to the city upon submission of a conditional use permit application.
(Ord. 2554 § 3, 2003)
§ 17.92.050 Standards and criteria for granting conditional use permits.
A conditional use permit shall be granted only upon a finding that the proposed use complies with the standards and criteria listed below. The approving authority may impose such conditions as it deems necessary to assure compliance with the standards and criteria listed below as well as any applicable standards and requirements of the district in which the use will be located.
A.
Will be harmonious and in accordance with the general and specific objectives of the city of Blaine comprehensive plan and zoning regulations.
B.
Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.
C.
Will not be hazardous or disturbing to existing or future neighboring uses.
D.
Will be serviced adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
E.
Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.
F.
Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors.
G.
Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets.
H.
Will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)
§ 17.92.060 Content – Violations.
Any conditional use permit that is issued, as approved by the review authority, shall certify the location, nature and extent of the use, together with all conditions that are imposed and other information deemed necessary for the issuance of the permit. A copy of the permit shall be kept on file and reviewed annually by the director. If at any time it is found that the use no longer complies with the conditions specified therein, the city shall institute permit revocation procedures as set forth in Chapter 2.54 BMC.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)
§ 17.92.070 One-year validity.
A.
Conditional use permits shall expire 12 months after issuance unless construction or the establishment of the use has commenced. The director may extend the expiration date by six months upon written request and evidence that the applicant intends to activate the permit within that time limit.
B.
An application for a conditional use permit which has not been approved or has been denied in whole or in part shall not be resubmitted for a period of six months from the date of such denial.
(Ord. 2554 § 3, 2003)
§ 17.92.080 Modification of, or addition to, existing conditional uses.
A.
Modifications of existing conditional uses, or additions to such uses, shall require application for an additional conditional use permit, except for the following circumstances. The director may administratively consider, approve or disapprove a one-time addition or modification to an approved conditional use when such addition or modification meets the following criteria:
(Ord. 2554 § 3, 2003)
§ 17.92.090 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.94.010 Intent.
A.
Within the districts established by this division or amendments that may be adopted, there exist lots, structures and land uses and structures which were lawful before the ordinance codified in this division was passed or amended, but which would be prohibited, regulated or restricted under the terms of this division or future amendments.
B.
It is the intent of this division to permit these nonconformities to continue until they are moved, but not to encourage their survival. Such uses are declared by this division to be incompatible with permitted uses in the districts involved. It is further the intent of this division that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 2554 § 3, 2003)
§ 17.94.020 Additions such as signs.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after the passage of the ordinance codified in this division by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(Ord. 2554 § 3, 2003)
§ 17.94.030 Existing buildings.
To avoid undue hardship, nothing in this division shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun, or a building permit issued, prior to the effective date of adoption or amendment of the ordinance codified in this division. Demolition or removal shall be deemed "actual construction"; provided, that work shall be diligently carried on until completion of the building involved.
(Ord. 2554 § 3, 2003)
§ 17.94.040 Nonconforming lots of record.
A.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this division, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this division. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district; provided, that setbacks and other requirements not involving area or width or both of the lot shall conform to the regulations of the district in which such lot is located.
B.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this division, and if all or part of the lots do not meet the requirements for lot width and area as established by this division, the lands involved shall be considered to be an undivided parcel for the purposes of this division, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this division, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this division.
(Ord. 2554 § 3, 2003)
§ 17.94.050 Nonconforming uses of land.
If, at the effective date of adoption or amendment of the ordinance codified in this division, lawful use of land exists that is made no longer permissible under the terms of this division as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance codified in this division.
B.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this division.
C.
If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this division for the district in which such land is located.
(Ord. 2554 § 3, 2003)
§ 17.94.060 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this division that could not be built under the terms of this division or restrictions on area, lot coverage, height, yards or other characteristics of the structure or location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be expanded or enlarged until it has been brought into conformity.
B.
Should such structure be 50 percent destroyed by any means it shall not be reconstructed except in conformity with the provisions of this division. A claim of less than 50 percent destruction shall require proof in the form of insurance claim or other documentation.
C.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 2554 § 3, 2003)
§ 17.94.070 Nonconforming uses of structures – Continuance.
If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance codified in this division, that would not be allowed in the district under the terms of this division, the lawful use may be continued so long as it remains otherwise lawful, subject to the provisions set out through BMC § 17.94.110.
(Ord. 2554 § 3, 2003)
§ 17.94.080 Nonconforming uses of structures – Expansion.
No existing structure devoted to a use not permitted by this division in the district in which it is located shall be enlarged, extended, moved or structurally altered to expand the exterior dimensions of the facility except in changing the use of the structure to a use permitted in the district in which it is located. This shall not prohibit repairs or remodeling of the structure.
(Ord. 2554 § 3, 2003)
§ 17.94.090 Nonconforming uses of structures – Extension throughout building.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance codified in this division, but no such use shall be extended to occupy any land outside such building.
(Ord. 2554 § 3, 2003)
§ 17.94.100 Nonconforming uses of structures – Change to another nonconforming use.
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use as a conditional use requiring conditional use permit approval for the change in use. The approving authority shall take into consideration that the use being considered is a nonconforming use and therefore may not be consistent with the comprehensive plan and zoning use regulations. In that regard the approving authority may base its approval in part on a finding that the proposed use is no more nonconforming than the existing nonconforming use; provided, that all other applicable conditional use criteria are met.
(Ord. 2554 § 3, 2003)
§ 17.94.110 Nonconforming uses of structures – Discontinuance.
A.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
B.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or the premises is vacant for 90 consecutive days or for nine total months during any three-year period, the structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
C.
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 2554 § 3, 2003; Ord. 2879 § 1 (Exh. A § 6), 2016)
§ 17.94.120 Repairs and home improvement.
Nothing in this division shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, or to prevent the improvement of a single-family house without expanding its exterior dimensions.
(Ord. 2554 § 3, 2003)
§ 17.94.130 Conditional uses.
Any use for which a conditional use permit has been provided, other than a use that has received conditional use permit approved as a change from one nonconforming use to another, shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district. A nonconforming use that received conditional use approval as a change from one nonconforming use to another shall continue to be a nonconforming use and shall be subject to all of the provisions of this chapter regarding nonconforming uses except as may be modified in the conditions of approval of the conditional use permit.
(Ord. 2554 § 3, 2003)
§ 17.94.140 Termination of nonconforming adult uses.
A.
Nonconforming adult uses shall terminate within 12 months from the date that the use became nonconforming, except that the city council may approve up to four additional six-month extensions; provided, that:
1.
A complete application is submitted by the owner or operator of such business to the community development services department at least 120 days prior to the date that such use must terminate (see BMC § 17.46.130(B) for procedures for requesting an extension);
2.
The city council finds, in connection with such adult use, that:
a.
The applicant had made, prior to the use becoming nonconforming, substantial financial expenditures related to the adult use; and
b.
The applicant has not recovered, through sales, depreciation or other tax benefits, a reasonable portion of the financial expenditures related to the adult business that were made prior to the use becoming nonconforming; and
c.
The applicant could not recover, through sales, depreciation or other tax benefits, a reasonable portion of the financial expenditures by converting the nonconforming adult business to a use that is permitted or allowed as a conditional use in the district; and
d.
The period for which such adult business may be permitted to continue is the minimum period sufficient for the applicant to recover, through sales, depreciation or through tax benefits, a reasonable portion of the financial expenditures incurred related to the adult business, but in no case shall exceed one additional year at a time; and
e.
The business is in compliance with all other applicable regulatory and/or licensing requirements; and
f.
Payment of all actual costs of notice at or prior to the hearing as determined by the director;
3.
The city council shall record its findings and conclusions following the hearing, and base its decision on the standards and criteria listed above, and may impose any conditions to ensure that the proposed use will meet the above standards and criteria. Evidence that such conditions are being complied with on an ongoing basis may be required.
B.
For the purpose of this section, "financial expenditures" shall mean the capital outlays made by the applicant to establish the adult business, exclusive of the fair market value of the building in which the use is located and exclusive of any improvements unrelated to the nonconforming adult business. "Financial expenditures" shall not include improvements to the building for which all required permits were not obtained. "Financial expenditures" shall not include materials for sale or rent that could be moved to another legal site and placed for sale or rent at that site.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2728 § 2 (Exh. A), 2009)
§ 17.94.150 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.96.010 Administration.
Prior to the city issuing a business license for a home occupation, the proposed land use shall be approved by the director of community development and a home occupation permit issued. Home occupation permits are processed as Type I-ADM decisions. They are approved administratively by the director and may be appealed to the hearing examiner.
(Ord. 2554 § 3, 2003)
§ 17.96.020 Applications for home occupations.
Application for a home occupation permit shall be made on forms provided by the community development services department. A complete application includes the submittal of a fully completed application form together with any other items listed on the application form as being required including payment of any applicable application fees.
(Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009)
§ 17.96.030 Home occupation approval requirements.
Home occupations shall comply with the requirements listed in BMC § 17.96.040. The director may attach conditions to the approval for the purpose of promoting compliance with the requirements of this section.
(Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009)
§ 17.96.040 Structural and operational requirements.
A.
No person other than members of the family residing on the premises shall be engaged in such occupation.
B.
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
C.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
D.
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line-voltage off the premises.
E.
There shall be no exterior modification of the building in order to accommodate the occupation, nor shall there be any outward manifestation of the occupation. The primary use of the premises shall be residential, and at no time shall the home occupation be the predominant use.
F.
Once a home occupation permit has been issued, it shall not be transferable to another person or to a location other than stated in the permit, nor shall the specified conditions be changed.
(Ord. 2554 § 3, 2003)
§ 17.96.050 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.98.010 Administration.
Prior to issuing a city business license to operate a bed and breakfast establishment, the proposed land use shall be approved by the director of community development. Land use approvals for bed and breakfast establishments are processed as Type I-ADM decisions. They are approved administratively by the director and may be appealed to the hearing examiner.
(Ord. 2554 § 3, 2003)
§ 17.98.020 Applications for bed and breakfast establishments.
Application for a bed and breakfast establishment shall be made on home occupation forms provided by the department of community services development together with any other items listed on the application form as being required, including payment of any applicable application fees.
(Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009)
§ 17.98.030 Permitted in certain districts only.
§ 17.98.040 Structural and operational requirements.
Bed and breakfast establishments shall comply with the requirements listed in this section. The director shall review each application for a bed and breakfast establishment to determine whether the proposal can meet the requirements of this section. A bed and breakfast permit shall only be approved upon a finding by the director that for a particular proposal, all the requirements of this section can be met. The director may attach conditions to the approval for the purpose of promoting compliance with the requirements of this section.
A.
No person other than members of the family residing on the premises shall be engaged in the bed and breakfast business.
B.
The bed and breakfast business shall be clearly incidental and subordinate to the use of the dwelling unit as a full-time residence by the owner or lessor.
C.
No traffic shall be generated by the bed and breakfast business in greater volumes than would normally be expected in a residential neighborhood.
D.
No equipment or process shall be used in the operation of the bed and breakfast business which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the property.
E.
There shall be no change to the exterior of the building to accommodate the bed and breakfast business nor shall there be any outward manifestation of the occupation except for one flat, unlighted sign, not exceeding six square feet, mounted flush against the building and except for the parking improvements required in subsection J of this section.
F.
A permit for a bed and breakfast establishment shall not be transferred to another person or to a different location, nor shall the circumstances of the use change without a new permit being obtained.
G.
The bed and breakfast establishment shall be serviced by adequate essential public facilities, including but not limited to streets, police and fire protection, refuse disposal, water and sewer. Connection to a public sewer system is required.
H.
Fire, Life Safety and Health Provisions.
1.
The bed and breakfast business shall be operated in compliance with local fire and life safety codes and regulations. The premises shall contain an approved egress window in each sleeping room, a working smoke detector in each guest room, a household-size fire extinguisher clearly marked in a location along the main exit path from the residence and such other equipment or improvements that the fire marshal determines are necessary for the business to operate in conformance with the city's fire and life safety codes.
2.
Bed and breakfast establishments with more than two bedrooms to let as transient housing shall, in addition, be subject to the applicable state requirements for such facilities.
3.
Proprietors of the bed and breakfast establishments shall comply with the health guidelines developed by the county department of health for bed and breakfast establishments.
I.
A telephone shall be available for occupant use. Emergency numbers and the establishment's address shall be clearly posted by the telephone.
J.
Two off-street parking spaces shall be available for the residence, plus one additional off-street space or 20 feet of street frontage abutting the property for each bedroom available for the establishment.
(Ord. 2554 § 3, 2003)
§ 17.98.050 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.100.010 Administration.
Prior to the city issuing a business license to operate an in-home child or adult care business, the proposed land use shall be approved by the director of community development. Land use approvals for in-home child or adult care businesses are processed as Type I-ADM decisions. Approvals are issued administratively by the director and may be appealed to the hearing examiner.
(Ord. 2554 § 3, 2003)
§ 17.100.020 Application procedure.
Application for land use approval to operate an in-home child or adult care business shall be made on forms provided by the community development services department. A complete application includes the submittal of a fully completed application form together with any other items listed on the application form as being required, including payment of any applicable application fees.
(Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009)
§ 17.100.030 Structural and operational requirements.
An in-home child or adult care business shall comply with the requirements listed in this section. The director shall review all requests for land use approvals for in-home child or adult care businesses to determine whether the proposal can meet the requirements of this section. Land use approval for an in-home child or adult care business shall only be approved upon a finding by the director that for a particular proposal, all the requirements of this section can be met. The director may attach conditions to the approval that will promote compliance with the requirements of this section.
A.
In-home child or adult care businesses shall be limited to the following as defined in Chapter 17.142 BMC: family day care homes, adult day care and adult family care.
B.
In-home child or adult care businesses shall meet the state licensing requirements as applicable, including those pertaining to building, fire safety and health codes. A copy of the required license shall be furnished by the applicant with the business license application.
C.
There shall be no change in the outside appearance of the residence, other than one flat, unlighted sign, not exceeding six square feet, mounted flush against the building.
D.
The proposed use shall be serviced by adequate essential public facilities, such as streets, police and fire protection, utilities and refuse disposal.
E.
Two off-street parking spaces shall be available for the residents, plus two additional off-street spaces or 40 feet of street frontage abutting the property.
F.
Where outdoor recreation areas are provided for children or adults in day care facilities, they shall be screened by a solid fence at least four feet high or a solid landscaping screen which has year-round vegetation installed along a side or a rear lot lying adjacent to another property used as a residence.
(Ord. 2554 § 3, 2003)
§ 17.100.040 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.102.010 Purpose.
This chapter provides for accessory dwelling units in certain districts and on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings contribute to a diversified housing stock and increase affordability of housing while preserving neighborhood stability and property values.
(Ord. 2784 § 2 (Att. A), 2011)
§ 17.102.020 Locations permitted.
One accessory dwelling unit per single-family detached dwelling unit is permitted or conditionally permitted in residential zoning districts as determined by the district regulations.
(Ord. 2784 § 2 (Att. A), 2011)
§ 17.102.030 Permit procedures.
A.
The following accessory dwelling units shall be permitted accessory uses within the applicable zoning districts subject to administrative approval of a building permit:
1.
Any detached accessory dwelling unit substantially compliant with ADU Templates 1 through 4 as included in "Accessory Dwelling Units, A Guide for Property Owners for ADU Development" as determined by the director.
2.
Any detached accessory dwelling unit meeting the residential design standards as permitted for the main residence in the zoning district and compliant with the size standards contained in Table 17.102.A.
Table 17.102.A | |
|---|---|
If the area of the lot is: | Net floor area of accessory unit shall not exceed: |
6,000 – 8,000 sq. ft.: | The lesser of 50% of the primary residence or 600 sq. ft. |
8,001 – 11,000 sq. ft.: | The lesser of 50% of the primary residence or 800 sq. ft. |
Greater than 11,000 sq. ft.: | The lesser of 50% of the primary residence or 1,000 sq. ft. |
3.
Any attached accessory dwelling unit located within the same structure as the primary residence provided it meets the size standards contained in Table 17.102.B. Such structure shall have only one front door so as to maintain the appearance of a single-family residence.
Table 17.102.B | |
|---|---|
If the area of the house is: | Net floor area of accessory unit shall not exceed: |
Under 2,000 sq. ft.: | 50% of the primary residence |
2,000 – 2,999 sq. ft.: | The lesser of 40% of the primary residence or 1,000 sq. ft. |
3,000 – 4,999 sq. ft.: | The lesser of 30% of the primary residence or 1,200 sq. ft. |
5,000 sq. ft. or more: | The lesser of 20% of the primary residence or 1,500 sq. ft. |
B.
The following accessory dwelling units shall be conditionally permitted accessory uses within the applicable zoning districts subject to a conditional use permit granted by the hearing examiner.
1.
Conversion of an existing accessory structure, noncompliant with the accessory structure setbacks, on an otherwise compliant lot may be conditionally permitted without a variance. Under no circumstance may the accessory structure encroach onto adjacent private or public property or exceed 1,000 square feet of living area.
2.
A detached accessory dwelling unit not meeting the requirements in subsection (A) of this section shall be conditionally permitted within the zoning districts specified in BMC § 17.102.020 provided the size does not exceed 1,000 square feet.
(Ord. 2784 § 2 (Att. A), 2011; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.102.040 Criteria for approval for conditionally permitted accessory dwelling units.
Before approval of a conditional use permit for a detached accessory dwelling unit, the hearing examiner shall find that:
A.
Exterior design of the accessory unit is compatible with the existing residence on the lot through architectural use of building style, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices.
B.
The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, solar access or parking of adjacent properties.
C.
The structure generally limits the stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley or street and away from adjacent properties where applicable.
D.
Conversion of an existing accessory structure into a dwelling unit does not result in encroachment into the setback where none existed before conversion, and does not increase any existing encroachment into the setback.
(Ord. 2784 § 2 (Att. A), 2011; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.102.050 Design and development standards.
All accessory dwelling units must conform to the following standards:
A.
The side yard and rear yard setbacks for detached accessory dwelling units shall not be less than as determined by BMC § 17.104.010. Detached accessory dwelling units shall not be forward of the primary unit in relation to any public street. Detached accessory dwelling units are not eligible for variances to setbacks.
B.
Attached accessory dwelling units shall meet the same setbacks as a main building in the zoning district. Attached accessory dwelling units are not eligible for variances to setbacks.
C.
The majority property owner must occupy either the primary or accessory dwelling as his or her principal place of residence.
D.
When an accessory dwelling unit is adjacent to a side street or alley, every effort shall be made to orient the accessory dwelling unit toward the side street or alley with the front access door and windows facing the side street or alley. No preference is given to either the side street or alley in regard to building orientation.
E.
Parking shall be located off of an alley wherever feasible. Parking shall be provided for the ADU as required by this code. Parking does not need to be in an enclosed building.
F.
The design of the accessory unit shall relate to the design templates, or the applicable residential design standards, or the design of the primary residence by use of compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
G.
The site plan shall provide open space and landscaping that are useful for both the accessory dwelling unit and the primary residence. Landscaping shall provide for the privacy and screening of adjacent properties.
H.
For new construction, exterior walls facing a street or alley that are over 24 feet in length shall be articulated by at least two feet.
I.
Detached accessory dwelling units are limited to 28 feet in height.
(Ord. 2784 § 2 (Att. A), 2011)
§ 17.102.060 Design bonus.
A lot coverage bonus shall be provided for use of superior design. A five percent increase above the base impervious surface lot coverage allowance for the zoning district shall be available. A bonus shall be awarded by the director for a detached ADU that includes five of the following design elements:
A.
A covered front porch or entry;
B.
Gable-ended or shed-style dormers;
C.
A stepped or articulated roof ridge line, not achieved with dormers;
D.
Architectural projections on wall planes such as a bay window or pop-out;
E.
Window mullions in a traditional pattern;
G.
Use of brick, stone or cultured stone as a design accent;
H.
Knee braces on gable ends;
I.
Decorative detail element not included above as approved by the director.
(Ord. 2784 § 2 (Att. A), 2011)
§ 17.102.070 Deed restrictions.
Before obtaining a certificate of occupancy for an accessory dwelling unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
A.
The accessory unit shall not be converted to a condominium or sold separately.
B.
The unit is restricted to the approved size.
C.
The occupancy or use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the majority owner of record as the owner's principal place of residence.
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 accessory unit.
(Ord. 2784 § 2 (Att. A), 2011)
§ 17.104.010 Setback requirements.
Accessory structures such as unattached garages and tool sheds shall be set back a minimum of four feet from side yard lines and eight feet from the rear yard line.
(Ord. 2554 § 3, 2003; Ord. 2728 § 2 (Exh. A), 2009)
§ 17.104.020 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.106.010 Public utilities.
Uses such as telephone exchanges, gas and water regulation stations, microwave and line-of-sight transmission stations, and other essential public facilities of this nature are permitted in all use districts by conditional use permit subject to the conditions in BMC § 17.106.020. Public utility uses located on public rights-of-way are permitted outright and exempt from these conditions. This section is not intended to apply to wireless telecommunication facilities, which are regulated in BMC § 17.106.030.
(Ord. 2554 § 3, 2003)
§ 17.106.020 Conditions for public utility facilities.
A.
No office uses are allowed.
B.
The need for the particular facility in the proposed location must be clearly demonstrated and explained in the application for the conditional use permit.
C.
The proposed structure shall be compatible with the height and mass of existing buildings and utility structures. A minimum 20-foot setback for structures shall be required on all sides of such sites in residential districts. In other districts the setback is to be determined by the review authority in review of the application. Structure height shall not exceed underlying height restrictions without clearly demonstrating need and proving that such excess will not interfere with or disturb surrounding uses.
D.
No outside storage of materials shall be allowed.
E.
If personnel are required for operation of the facility on a day-to-day basis, off-street parking space shall be required for each employee on duty.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2692 § 3(3), 2008)
§ 17.106.030 Wireless telecommunication facilities.
A.
Purpose.
1.
The purpose of this section is to set forth the regulations for the placement, development, permitting, and removal of wireless telecommunication facilities including support structures and antennas. These standards were developed to comply with the Federal Telecommunications Act of 1996. They are intended to protect property values and minimize visual impact while furthering the development of enhanced telecommunication services in the city of Blaine.
2.
The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting wireless telecommunication services. This section shall not be applied in such a manner as to discriminate between providers of functionally equivalent wireless telecommunication services.
3.
In reviewing an application to provide wireless telecommunication service or to install wireless telecommunication service facilities, the city shall act within a reasonable period of time, taking into account the nature and scope of the application and the required notice and necessary review process. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record.
B.
Wall-Mounted Antennas. A wall-mounted antenna is an antenna or series of individual antennas mounted against the vertical wall of a building. A wall-mounted antenna shall be permitted outright in all districts.
1.
Wall-mounted antennas shall be placed closely against walls or parapets and not extend above the wall or parapet unless an alternative design is required to (a) achieve better compatibility with the building design or (b) to obtain antenna function. Wall-mounted antennas shall not extend above the roofline of the building more than four feet.
2.
Antennas and all associated equipment shall be painted to match the color of the building.
3.
Wall-mounted antennas may have a maximum area of 40 square feet. The area is determined by drawing straight lines between the outermost portions of the antennas until enclosed. The total number of wall-mounted antennas allowed is four per structure.
4.
All equipment associated with the operation of the antenna shall be located within the structure to which the antenna is attached, or screened from the public view. If the associated equipment is located on the ground, it must be appropriately landscaped.
C.
Roof-Mounted Antennas. A roof-mounted antenna is an antenna or series of individual antennas mounted on a flat roof, mechanical room, or penthouse of a building or atop a public utility facility such as a water reservoir. A roof-mounted antenna shall be permitted outright in nonresidential districts and conditionally in residential districts.
1.
Roof-mounted facilities shall be solidly screened at least as high as the center of the antennas. The screening shall be of a material and design compatible with the building, and can include penthouse screening, parapet walls, or other similar screening. They should be placed as close to the center of the roof as possible and be painted or finished to match the structure to which they are attached. Roof-mounted antennas shall have a maximum height of 15 feet.
D.
Monopole Structures. A monopole structure is a single cylindrical pole constructed of steel, wood or any other material of sufficient strength to support wireless telecommunication antennas. A monopole structure is prohibited in residential districts and allowed conditionally in nonresidential and public facility districts.
1.
All towers must be of a monopole construction. No lattice-constructed towers of any kind shall be allowed.
2.
All towers must be designed by a Washington State registered structural engineer to allow for co-location of multiple users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for co-location and that the structure has been designed to allow for such use.
3.
Co-location on an existing monopole structure is an outright permitted use and is processed administratively.
4.
The applicant must supply the city with a notarized agreement stating that if technology renders the tower obsolete or the tower is vacated, the applicant will remove the tower. The agreement shall require restoration of the site to its original condition within six months of the vacation of the tower. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site an irrevocable letter of credit, performance bond or other instrument approved by the city attorney. Said instrument shall be payable to the city of Blaine in the amount of the estimated cost of removal (of all above- and below-ground components) as determined by the city.
5.
Monopoles with antennas and antenna support structures shall not be located in a required front setback or front landscaped area.
6.
Parking. All wireless communications facilities shall have access to parking for maintenance personnel. Such parking may be shared or public parking at the discretion of the city.
7.
Setbacks.
a.
Regardless of the district, wireless telecommunication towers shall be set back from habitable buildings not on the same legal lot, a distance equal to the height of the wireless telecommunication support structure or the setback of the district, whichever is greater.
b.
Setbacks for wireless telecommunication towers shall be measured from the ground-level base of the structure.
c.
No wireless telecommunication tower may be located within two times the height of the proposed monopole structure to the closest residential district.
8.
Screening – Standards. Wireless telecommunication towers shall be subject to the following standards for visual screening:
a.
The perimeter of the wireless telecommunication support structure shall be enclosed by a fence or wall at least six feet in height. A row of evergreen shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge at least five feet high within five years of planting, and a row of evergreen trees or shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be installed outside and adjacent to the fence when required by the city.
b.
Landscape material used for screening should be selected and sited to produce a hardy and drought-resistant landscape area. Native plant materials are preferred.
c.
Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs that die must be replaced with healthy in-kind materials such that during the life of the facility the landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be provided to help ensure survival during the plant establishment period. Existing vegetation shall be preserved to the maximum extent practicable. If the city determines that existing vegetation provides adequate screening without the need for additional landscaping, then no action shall be taken by the facility owner or its assigns or successors that would diminish its effectiveness in screening the site. In the event that natural vegetation is removed to the extent that the area required to be screened is made more visible, the owner of the facility shall prepare a revegetation plan and submit the plan to the city for review and approval. Upon approval the owner shall implement the revegetation plan.
d.
The city may approve any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. Either, as appropriate, may waive the requirement for the installation of screening for those sides of the facility that are naturally screened so as not to be visible from public streets or adjoining properties.
e.
When landscaping is required to be installed, a maintenance bond, irrevocable letter of credit or other financial guarantee acceptable to the city shall be provided in the amount of the estimated value of the labor and materials. The guarantee shall be in effect for two years from the date of planting.
E.
Additional Requirements Applying to All Wireless Telecommunication Facilities.
1.
Each wireless telecommunication or cellular facility shall be considered as a separate use; and an annual business license shall be required for each such facility and any lessors located at the facility.
2.
Repealed by Ord. 2692.
3.
Anti-Climbing Devices. All wireless telecommunication support structures and required fencing shall be equipped with appropriate anti-climbing devices.
4.
Attachment to Trees Prohibited. It is prohibited to attach any wireless communication facility or portion thereof to any tree.
5.
Signage. All wireless telecommunication support structures shall be identified with nonilluminated signage not exceeding four square feet. The sign shall list the wireless service provider's name and emergency telephone number and shall be posted in a place visible to the general public. No advertising signs shall be located on support structures or antennas.
6.
Lighting. Wireless telecommunication facilities shall not be illuminated except where required by the FAA.
7.
Painting. Wireless telecommunication facilities shall be painted or finished in a manner that blends with the dominant color of the background except where otherwise required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish.
8.
Noise from Accessory Equipment. Facilities shall comply with state noise level standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency operation purposes. If air conditioning or other noise-generating equipment is proposed, the applicant shall provide information detailing the expected noise level and any proposed abatement measures. The city may require noise attenuation devices or other mitigation measures to minimize impacts.
9.
Copies of deeds or other instruments such as recorded lease agreements and site easements that establish the applicant's right to use the site shall be provided at the time of application. These may be in unsigned final draft form pending the outcome of the approval process. The boundaries of a proposed wireless telecommunication facility site shall be defined in each such instrument in a manner that will provide a land surveyor sufficient information to accurately locate the site boundaries using standard survey methods.
10.
Accessory equipment structures shall be placed underground or wholly enclosed in an existing structure or building, or designed to blend into the architecture and landscaping of the surrounding buildings or structures as seen from abutting residential uses, roadways or other public rights-of-way. When equipment boxes are placed at ground level, they shall be screened from view. Accessory equipment structures, antennas and attachment devices shall comply with the setback requirements for principal structures in the district.
11.
Ground-mounted facilities shall be located in service areas or other less visible locations. They shall be solidly screened to at least as high as the center of the facility when viewed from off the site. Solid screening shall be provided as high as the top of the facility on sides adjoining residential districts.
12.
Antennas on utility poles shall be limited to whip antennas no more than two feet in length unless the city finds that the visual impact of a longer antenna would not have an appreciable effect on surrounding uses. No more than one whip antenna is permitted per pole. No utility pole shall be extended in height in order to accommodate an antenna.
13.
Setbacks Applicable. Where the setback requirement in the district is based on the height of the structure, the height used to compute the setback for the antenna array shall be the height of the structure plus the additional height that will be added by a roof-mounted antenna array and its attachment device.
14.
General Height Standards. The following height standards shall apply to wireless telecommunication facilities:
a.
The height of a wireless telecommunication facility shall be measured to include the support structure and any antennas proposed to be attached to the structure at the time of application. Lightning rods not exceeding 10 feet in height or FAA-required lighting shall not be included in the height measurement.
b.
The height of a wireless communications facility shall be the minimum height necessary for the facility to function satisfactorily; provided, the height does not exceed a height restriction imposed elsewhere in this chapter. The applicant shall provide technical documentation that the height proposed is the minimum necessary. The city may require a third party review of this information.
c.
The height of attached antennas may exceed the height limit of the district; provided, that the height does not exceed height restrictions imposed elsewhere in the Blaine Municipal Code.
15.
Building and Utility Permits. Granting of zoning approval by the city does not exempt or otherwise remove any requirements for obtaining building permits and other applicable construction-related, development-related or operation-related permits, licenses or approvals for the project. It shall be the facility owner's responsibility to secure all other necessary permits and approvals prior to beginning work on the installation of the facility.
16.
Location of cellular facilities shall not create interference with existing transmission signals.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2692 § 3(3), 2008)
§ 17.106.040 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.108.010 Purpose.
The recreational vehicle park regulations in this chapter are intended to supplement standards adopted by the Bellingham-Whatcom County district department of public health, to establish city standards for, and to restrict the location of, this type of development, to assure compatibility with other allowable uses in the urban environment.
(Ord. 2554 § 3, 2003)
§ 17.108.020 Recreational vehicle defined.
A. "Recreational vehicle"
means a vehicular-type unit designed for temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle and which has a body width of no more than eight feet and a body length of no more than 35 feet when factory-equipped for the road.
1. "Dependent RV"
means an RV not containing sanitary facilities and/or devices for connecting said facilities to a community waste disposal system.
2. "Independent RV"
means an RV containing sanitary facilities and devices for connecting said facilities to a community waste disposal system.
B.
"Recreational vehicle" shall include, but not be limited to, the following:
1. "Travel trailer"
means a vehicular portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation uses.
2. "Camper"
means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses.
3. "Motor home"
means a portable, temporary dwelling to be used for travel, recreational and vacation use constructed as an integral part of a self-propelled vehicle.
4. "Camping trailer"
means a folding structure mounted on wheels and designed for travel, recreational and vacation uses.
(Ord. 2554 § 3, 2003)
§ 17.108.030 Recreational vehicle lot defined.
means a designated and defined parcel of land within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit.
(Ord. 2554 § 3, 2003)
§ 17.108.040 Recreational vehicle park defined.
means a recreational park or portion thereof designed for exclusive occupancy by recreational vehicles.
(Ord. 2554 § 3, 2003)
§ 17.108.050 Sanitary station or sanitary dumping station defined.
means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.
(Ord. 2554 § 3, 2003)
§ 17.108.060 Recreational vehicle park requirements.
The design and operation of recreational vehicle parks shall comply with the following:
A.
The minimum size of the recreational vehicle park shall be three acres.
B.
The maximum gross density allowed shall be one recreational vehicle space per each 1,000 square feet of land area.
C.
No less than eight percent of the total site area shall be provided as defined recreational space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park.
D.
Each recreational vehicle space shall have a minimum width of 20 feet.
E.
Interior private streets shall observe the following minimums:
1.
Twelve feet of width per each travel lane and eight feet of width per each parking lane;
2.
Improvement with bituminous surface treatment (BST) in accordance with the specifications of the public works director. In addition, all streets shall be well drained, well lighted and continuously maintained in operable condition.
F.
Spacing between Units. There shall be a minimum side-to-side dimension of eight feet between units and a minimum end-to-end dimension of 10 feet between units.
H.
Off-Street Parking. A minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one off-street parking space per each three recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park.
I.
Pedestrian Walkways. Pedestrian walkways having a width of not less than three feet shall be provided from the recreational vehicle spaces to all service buildings and facilities, refuse collection area and recreation areas. The walkways shall be hard-surfaced, well drained and well lighted.
J.
Landscaping. Adequate landscaping to enhance and beautify the recreational vehicle park as well as minimize noise and visual problems shall be provided.
K.
Limit of Stay. No recreational vehicle shall remain in place in a recreational vehicle park for more than 120 days in any one-year period.
L.
Solid Waste Disposal. The storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day.
M.
Utilities. The following requirements for utilities shall apply:
1.
A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle and shall be connected to a public water supply system. The water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations.
2.
Watering Stations. Each recreational vehicle park shall be provided with one or more easily accessible water supply outlets for filling recreational vehicle water storage tanks.
3.
Sewage Disposal System. An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle or a dependent recreational vehicle park and shall be constructed and maintained in accordance with all applicable state and local codes.
4.
Sanitary Stations. Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. Sanitary stations shall consist of at least a trapped four-inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover, and a water outlet, with the necessary appurtenances connected to the water supply system to permit periodic washdown of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet.
5.
Electrical Supply System. Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations.
6.
Other Utility Systems. If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations.
N.
All recreational vehicle parks shall comply with rules and regulations of the Washington State Board of Health and county health department.
O.
All recreational vehicle spaces shall be well marked and numbered.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007; Ord. 2692 § 3(1), 2008)
§ 17.108.070 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.110.010 Purpose.
The purpose of this chapter is to provide a mechanism for the review, evaluation and permitting of essential public facilities in a manner consistent with the provisions of state law and in the best interests of the residents of Blaine.
(Ord. 2628 § 2, 2006)
§ 17.110.020 Location.
No essential public facility shall be located immediately across the street from, immediately across a parking lot from, immediately adjacent to the following pre-existing uses, as measured from the nearest property line of the essential public facility to the nearest property line of the pre-existing use:
A.
Public playground, sports field, recreational center, community center, park, publicly dedicated trail.
B.
Public or private school and its grounds, preschool to twelfth grade.
C.
Places of worship, such as churches, mosques, temples and synagogues.
D.
Secure community transition facilities.
(Ord. 2628 § 2, 2006)
§ 17.110.030 Relationship to regional siting process.
Before applying for a conditional use permit, the applicant for an essential public facility shall have complied with all applicable requirements for the siting of such a facility in accordance with state, regional and local laws and policies, including the Whatcom countywide planning policies for the siting of essential public facilities.
(Ord. 2628 § 2, 2006)
§ 17.110.040 Conditional use permit required.
Secure community transition facilities shall obtain conditional use permit approval prior to applying for building or occupancy permits. The conditional use permit shall be subject to the material and procedural requirements contained in Chapter 17.92 BMC and the essential facilities siting element of the comprehensive plan. Conditional use permits for secure community transition facilities may include operational or design-related conditions to address concerns related to ensuring adequate sex offender treatment, continued community safety and public education and outreach.
(Ord. 2628 § 2, 2006)
§ 17.110.050 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.110.060 Preclusion of essential public facilities.
Nothing in this chapter shall preclude the siting of essential public facilities within the city of Blaine, if consistent with the Washington State Growth Management Act and other statutes and regulations applicable to the siting of essential public facilities. For the purposes of this chapter, preclusion occurs if the combined effects of these development regulations would make the siting of an essential public facility impossible or impracticable.
When reviewing an application for siting an essential public facility, the city will comply with the requirements of the Growth Management Act and the guidelines established in WAC 365-196-550(6).
(Ord. 2883 § 1 (Att. A), 2016)
§ 17.112.010 Purpose.
The intent of this chapter is to assure that the siting of manufactured homes in the city of Blaine is harmonious with the surrounding residential uses and preserves the general character and integrity of residential neighborhoods. For the purposes of this code, the terms "mobile" and "manufactured" housing are synonymous. This chapter is not intended to address residential, commercial, or industrial use of manufactured homes in commercial or industrial districts.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005; Ord. 2673 § 2, 2007)
§ 17.112.020 Definitions.
A. "Manufactured home (designated)"
means a single-family dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:
1.
Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; and
2.
Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof with not less than a 3:12 pitch; and
3.
Has exterior siding similar in appearance, as determined by the building official, to siding materials commonly used on conventional site-built single-family dwellings built under the Uniform or International Building Code.
B. "New manufactured home"
means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2).
C. "Manufactured home park"
means a residential use in which more than one manufactured home is located on a parcel of land under single ownership.
D. "Manufactured home subdivision"
means a platted subdivision in which lots are dedicated for placement of manufactured homes on individually owned lots.
E. "Mobile home"
means "manufactured home."
F. "Modular home" or "factory-built housing"
means a dwelling unit constructed in accordance with the standards set forth in the International Building Code and local codes applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home, or a series of panels or room sections transported on a truck and erected or joined together on the site.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.112.030 Class designation.
The director shall determine the classification of a manufactured home based on definition, architectural elevations or photographs of all sides of the home, exterior dimensions, roof slopes, exterior finish, and where appropriate, an inspection of the manufactured home.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.112.040 Application, review and approval procedure for manufactured homes.
A manufactured home may be approved through a normal building permit review process.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.112.050 Allowed uses.
A.
A "designated manufactured home" may be installed as a single-family dwelling unit provided it meets all of the following conditions:
1.
The home is a new manufactured home as defined in this chapter; and
2.
The manufactured home is set upon a permanent foundation, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can be either load bearing or decorative; and
3.
The manufactured home complies with any design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; and
4.
The manufactured home complies with the state energy code; and
5.
The manufactured home complies with all zoning, land use, and building regulations applicable to single-family dwelling units at the subject location, including, but not necessarily limited to, snow load, wind load, and seismic requirements.
B.
This section does not override any legally recorded covenants or deed restrictions of record.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.112.060 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005; Ord. 2673 § 2, 2007)
§ 17.114.010 Purpose.
It is the purpose of this chapter to establish a process which will permit the placement of manufactured home subdivisions in the city of Blaine.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.114.020 Locations permitted.
A manufactured home subdivision shall be permitted in the those districts that identify such subdivisions as an allowed use.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.114.030 Procedure for approval.
A manufactured home subdivision shall be approved in accordance with Chapter 17.56 BMC, Preliminary Plat; Chapter 17.58 BMC, Final Plat; and other related provisions of this code as amended.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.114.040 Development requirements.
A.
All manufactured home subdivisions must contain 10 or more lots.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.114.050 Issuance of an installation permit.
No installation permits shall be issued and no buildings or structures or manufactured homes shall be constructed or placed within a manufactured home subdivision until the subdivision has been reviewed and approved in accordance with Division 4 of this title, Platting and Major Development Approval Procedures, and other related provisions of this code.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.114.060 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)
§ 17.116.010 Purpose.
It is the purpose of this chapter to establish a process which will permit the placement of manufactured home parks in the city of Blaine. The purpose of this process shall be to ensure a suitable living environment for owners of manufactured homes located within manufactured home parks, and:
A.
To provide a park-like atmosphere for persons residing in manufactured homes;
B.
To encourage variety in housing styles within the planned residential district and the city;
C.
To permit flexibility in the placement of manufactured homes and to minimize costs associated with the development of roads, utilities, walkways and parking facilities, while providing adequate common and private open space;
D.
To establish standards and regulations necessary for the health, safety, general welfare and convenience of the inhabitants of the city of Blaine.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005; Ord. 2673 § 2, 2007)
§ 17.116.020 Locations permitted.
A manufactured home park shall be permitted in those districts that identify a manufactured home park as an allowed use.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.116.030 Procedures for approval.
Application, review and approval of a manufactured home park shall be undertaken pursuant to the provisions of Chapter 17.64 BMC, Binding Site Plan Approval, in accordance with this chapter, and other related provisions of this code.
(Ord. 2554 § 3, 2003; Ord. 2609 § 2, 2005)
§ 17.116.040 Permitted and restricted uses.
§ 17.116.050 Standards for the development of a manufactured home park.
The purpose of this section is to establish minimum development standards for manufactured home parks.
B.
Site Area.
1.
The minimum site area of a manufactured home park shall be three acres, excluding the area used for open space, common space, and recreational use.
2.
The maximum site area of a manufactured home park, or combination of adjacent parks, shall be 15 acres, excluding the area used for open space, common space, and recreational use.
3.
Parks shall be considered to be adjacent to one another unless they are separated by an unrelated land use, and not merely by a public or private street, easement or buffer strip.
C.
Perimeter Buffer Zone.
1.
A manufactured home park must establish a 20-foot buffer along all perimeter property lines. A minimum 15-foot-wide vegetation screen within the buffer area shall be planted or maintained in its natural state if determined to be an adequate screen. The screen shall have multiple canopy layers consisting of a mixture of evergreen and deciduous trees, shrubs and ground cover. Trees shall be located at a density of one tree per 80 square feet.
2.
The buffer zone must be kept free of buildings or structures.
3.
The vegetation screen can be reduced when it can be demonstrated that the reduced buffer area will not compromise the intent of the screen or the presence of a sight-obscuring fence adequately buffers the development.
4.
The buffer shall produce a screening effect sufficient to reduce visibility by 75 percent. Vegetation shall be a minimum height of six feet.
5.
The perimeter buffer shall be in place and fully approved prior to occupancy of the manufactured home park.
6.
This buffer zone may be used as part of the open space acreage for the manufactured home park if the city finds that it is suitable for that purpose.
D.
Access and Circulation.
1.
All manufactured home developments shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways or other means. No city arterial or secondary arterial streets shall be within a mobile home park. The layout and general development plan for major and minor access streets and driveways within the manufactured home park, together with the location and dimensions of access junctions with existing public streets and rights-of-way, shall be approved by the public works director.
2.
Public/Private Streets. The public works director shall determine whether the streets within the park shall be public or private. If the streets are to be public, they shall be constructed to public street standards.
3.
Those streets the public works director determines may be private streets shall meet the following minimum standards:
a.
Right-of-Way. All interior park roads shall be constructed within a right-of-way, which shall be sufficient to construct and maintain the roadway plus a provision for utilities, but in no case shall be less than 30 feet in width.
b.
Pavement Width. Park roads shall have a minimum paved width of 30 feet, including the area improved with curbs and gutters. Cul-de-sac turnarounds shall have a minimum paved diameter of 76 feet.
c.
Roadway Surfaces. All access roadways and surface drives shall be bituminous surfacing or better and at a surface depth classified by the director of public works and shall be maintained free of cracks and holes.
E.
Parking Requirements.
1.
At least two paved off-street parking spaces, located adjacent to each respective manufactured home, shall be provided for each unit.
2.
In addition to occupant parking, guest and service parking shall be provided within the boundaries of the park at a ratio of one parking space for each four manufactured home lots. They shall be distributed for convenient access to all lots and may be provided by a parking lot and/or separate parking areas. Improvement standards shall be as specified in subsection (D)(3)(c) of this section. Clubhouse and community building parking facilities may account for up to 50 percent of this requirement.
3.
The front and side yard setbacks for manufactured home units shall not be calculated for purposes of meeting the minimum parking requirements. All off-street parking spaces shall have a minimum dimension of 10 feet by 20 feet.
F.
Utility Requirements.
1.
All manufactured home parks shall provide permanent electrical, water and sewage disposal connections to each manufactured home in accordance with applicable state and local rules and regulations.
2.
All sewage and wastewater from toilets, urinals, slop sinks, bathtubs, showers, lavatories, laundries and all other sanitary fixtures in a park shall be drained into a public sewage collection system.
3.
All water, sewer, electrical and communication service lines shall be underground and shall be approved by the city. Gas shut-off valves, meters and regulators shall not be located beneath manufactured homes.
G.
Open Space – Recreational Facilities.
1.
A minimum of 20 percent of the overall development shall be set aside and maintained as open space. Such space and location shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets and storage areas are not considered to be usable open space.
2.
Open space shall be kept in large centrally located tracts where possible. In manufactured home parks over 10 acres, open space can be decentralized with at least one area large enough for team games (two-thirds of an acre).
3.
Unless otherwise allowed by the city, open space areas shall be exclusive of the required perimeter buffer and of such grade and surface to be suitable for active recreation.
4.
The percentage requirement may be reduced if substantial and appropriate recreational facilities (such as a swimming pool or tennis court) or community buildings are located on-site.
H.
Sidewalks – Walkways.
1.
The park shall contain pedestrian walkways to and from all service and recreational facilities. Such walkways shall be adequately surfaced and lit.
2.
A portion of the roadway surface may be reserved for walkways; provided, that the same are marked and striped; and provided, that the roadway width is widened accordingly.
3.
Walkways shall be a minimum of three feet.
J.
Storm Drainage. Storm drainage control facilities shall be subject to approval by the department of public works, and shall comply with the city's storm water code.
K.
Landscaping – Screening.
1.
Street trees and parkway plantings shall be installed and maintained along the full length of the manufactured home park (consistent with Chapter 17.126 BMC) when the park fronts a public street.
2.
The park shall provide visual screening and landscaping along the perimeter of the manufactured home park pursuant to subsection C of this section, Perimeter Buffer Zone.
3.
Landscaping may consist of suitable ground cover, shrubs and trees; provided, that they are installed prior to the first occupancy of the park, and are of such species and size (minimum of six feet), as would normally fulfill a screening function.
4.
Site development shall be sensitive to the preservation of existing vegetation.
5.
All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy, growing condition at all times.
L.
Signs. Signs and advertising devices shall be prohibited in a manufactured home park except as regulated in Chapter 17.122 BMC.
M.
Storage.
1.
Outside storage is prohibited.
2.
The owner of a manufactured home park shall provide 100 square feet of indoor tenant storage facilities for each manufactured home located in the park. The storage facility must be conveniently located near each manufactured home lot for the storage of household items and equipment.
3.
Bulk storage and parking areas for boats, campers, travel trailers, recreational vehicles, trucks, snowmobiles, motorcycles or other seldom or seasonally used recreational equipment shall be provided within the park.
4.
A minimum of 300 square feet space of bulk storage shall be provided for every 10 manufactured homes.
5.
Bulk storage and parking areas shall be separated from other parking facilities and shall be provided with some means of security.
6.
The requirements of this subsection may be waived by the CED director when the developer of the park agrees to prohibit the storage of such items within the park. All bulk storage and parking areas shall be surfaced.
(Ord. 2554 § 3, 2003)
§ 17.116.060 Standards for development on individual lots.
A.
Lot Coverage. All buildings, including accessory buildings and structures, but not including any open space areas used to provide parking spaces or private outdoor recreational uses, shall not cover more than 50 percent of the area of an individual manufactured home lot.
B.
Yard Requirements.
1.
All manufactured homes, together with their habitable additions (but excluding open porches and carports), shall be located a minimum distance of 10 feet from another manufactured home.
2.
All structures shall be located outside of the perimeter buffer area.
3.
Front Yard Setbacks. All manufactured homes, together with their habitable additions (including open porches and carports), shall be set back a minimum of 10 feet from the front lot line.
4.
Side and Rear Yard Setbacks. None (see subsections (B)(1) and (B)(2) of this section).
D.
Accessory Structures.
1.
Buildings or structures accessory to individual manufactured homes are permitted; provided, that the total developed coverage of the space shall not exceed the maximum lot coverage requirements.
2.
One-hour fire-resistant accessory structures and/or service buildings shall maintain a minimum three-foot separation from adjacent mobile homes. Non-fire-rated accessory structures and/or service buildings shall maintain a minimum six-foot separation between themselves and mobile homes, except carports may abut the unit to which they are an accessory use.
(Ord. 2554 § 3, 2003; Ord. 2673 § 2, 2007)
§ 17.116.070 Park administration.
The owner of a manufactured home park shall be responsible for the development and maintenance of the park in strict conformance with the binding site plan and all applicable laws and ordinances. The Blaine municipal court shall have jurisdiction over the owner in the event litigation is commenced by the city to enforce such compliance.
A.
A manufactured home park shall have internal rules and regulations governing, at a minimum, the following:
1.
A requirement that all tenants comply with city inspection codes at the time a manufactured home is installed or modified;
2.
A requirement that all tenants comply with city zoning code restrictions relating to the use of their manufactured home and lot;
3.
A requirement that all landscaping, buffer areas, recreational areas and facilities, storage areas, streets, walkways and other common areas and facilities be continuously maintained to at least the minimum standards required by the city and approved by the building official at the time of initial occupancy.
B.
A manufactured home park shall have a resident manager who shall be the agent of the owner with authority to communicate directly with the city officials regarding compliance with city codes and requirements, and who shall be responsible for the enforcement of park rules and regulations.
(Ord. 2554 § 3, 2003)
§ 17.116.080 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC § 17.06.180, Appeals.
(Ord. 2673 § 2, 2007)