City of Bellingham Municipal Code

18.36.020 - LOT DESIGN

A. All lots shall be of sufficient size to meet the site area requirements specified within the area's land use designation under "density" found within the applicable Neighborhood Plan in which the property is located; provided, however, that this minimum shall not be required in the following instances:

1. When there exists no specified minimum lot size in the subject area land use designation, in which case the lot size shall be determined by the subdivider subject to any other applicable codes or requirements;

2. Cluster lots which meet the requirements specified in Chapter 18.32;

3. Lot line adjustments pursuant to Section 18.10.010 for lots presently having less site area than the required minimum lot size;

4. For existing lots of record not located in the Lake Whatcom Watershed and under single ownership having a total site area in excess of the required neighborhood density in which the case the number of possible lots shall be determined by dividing the total amount of site area by the specified neighborhood density. Property which contains existing structures that straddle common property lines shall be consolidated and considered on lot of record.

a. Proposals with a fraction of less than 1/2 shall be rounded down to the next lower whole number.

b. Proposals with a fraction of 3/4 or greater shall be rounded to the next higher whole number and can be approved administratively.

c. Proposals with a fraction equal to 1/2 and less than 3/4 may be rounded to the next higher whole number upon site plan approval by the Hearing Examiner provided all of the following criteria are met:

i. Be harmonious with the general policies and specific objectives of the Comprehensive Plan.

ii. Enable the continued orderly and reasonable use of adjacent properties by providing a means for expansion of public roads, utilities, and services.

iii. Be designed so as to be compatible with the essential character of the neighborhood.

iv. Be adequately served by public facilities and utilities including drainage provisions.

v. Not result in the destruction, loss, or damage to any natural, scenic, or historic feature of major consequence.

5. In the event the proposed subdivision results in lots smaller than the required density in the relevant neighborhood plan, the Planning and Community Development Director has the authority to approve the short subdivision if the resulting new lots are larger than those previously existing and results in a more functional lot design, provided that the overall property satisfies the density requirement specified in the applicable neighborhood plan. All newly created lots shall comply with the provisions of Chapter 18.36.

6. Lot Averaging: As long as the parent parcel [subject property] has sufficient land area to short subdivide and meet density requirements as specified in the neighborhood plan, a lot averaging mechanism may be utilize for the creation of more functional and desirable lot designs. However, no lot shall be less than 90% of the minimum area required per lot based on the maximum density or allowable dwelling unit calculation. All newly created lots shall comply with the provisions of Chapter 18.36.

7. All lots created by a short subdivision shall meet the design standards specified in 18.36 of this ordinance. However, the Planning and Community Development Director may approve a division of land less than the required standards, provided such division of property results in better lot design than previously existed. Better lot design is defined as meaning such items as larger in area, more practical site design because of topography, wetland or other environmental constraints, or the lot design will result in lots nearer to conformance to required standards.

8. Single family attached duplex lots as provided in subsection 18.36.020 E below.

1. The minimum width of the minor or access portion of the lot shall not be less than 20'. A 15' setback shall be provided from the edge of any new driveway to any existing adjacent residential dwelling unit.

2. The access portion (pipestem) of the lot shall not be included in computations for meeting minimum density requirements of the neighborhood plans;

3. A 5' setback from the improved driveway surface to abutting property lines shall be provided and recorded on the face of the plat unless, in the judgment of the Planning and Economic Development Director, such a requirement would not be feasible due to topographical conditions;

4. No pipestem lot shall be permitted in short subdivisions where the ownership is common with adjacent property;

5. Not more than 2 side by side pipestems shall be allowed unless determined by the Technical Review Committee that the design is necessary due to site conditions.

6. Joint access for pipestem and adjacent lots under common ownership at the time of division of property shall be required. An access easement shall be recorded on the face of the plat.

1. The minimum width of the minor or access portion of the lot shall be 40'; the lot width standard is 60'. Minimum width of the minor or access portion may be decreased to 30' if joint access with adjacent property is maintained and in the judgment of the City Engineer, no adverse traffic impacts will result.

2. The access portion of the lot shall not abut property with a residential land use designation.

3. No pipestem lot shall be permitted in short subdivisions where the ownership is common with adjacent property.

4. Side by side pipestems are permitted only if joint access is granted. Joint access for pipestem and adjacent lots under common ownership at the time of division of property shall be required. An access easement shall be recorded on the face of the plat.