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City of Bellingham Municipal Code
Title 20 LAND USE DEVELOPMENT Chapter 30 RESIDENTIAL SINGLE DEVELOPMENT
20.30.050 - OPTIONAL DEVELOPMENT REGULATIONS
A. Applicability
1.
The regulations of this section are optional and may be used only when constructing a single family dwelling unit upon property designated in the applicable neighborhood plan as:
a.
Residential Single -- Cluster
b.
Residential Single -- Cluster Detached
c.
Residential Single -- Cluster Attached
B. Minimum Site Area
1.
Development of cluster, cluster detached, and cluster attached property shall take place upon a site area no less than the density specified within the neighborhood plan,
OR
2.
Any cluster lot approved after February 5, 1973.
C. Main Building/Principal Use
. There shall be no more than one principal use and/or one main building on a lot.
D. Open Space
. There shall be no private open space requirements.
E. Height
.
No structure shall exceed 35' under height definition #1 or 20' under height definition #2.
F. Minimum Yards
1.
Unless setbacks have been delineated upon a plat pursuant to final plat approval, the following setbacks shall apply for main buildings:
a.
Front Yard:
i.
For all cluster lots abutting a street other than a cul-de-sac there shall be a required front yard setback of 50' measured from the centerline of the street right of way to the foundation of the structure, provided however that if said street is a designated arterial, the front yard setback shall increase to 60'.
ii.
For all cluster lots abutting a cul-de-sac there shall be a required front yard setback of 10' measured from the front lot line to the foundation of the structure.
b.
Side Yard on a Flanking Street:
i.
For all cluster lots abutting a flanking street there shall be required a setback of 40' measured from the centerline of the right of way to the foundation of the structure; provided however that if said street is a designated arterial the setback shall increase to 50'.
ii.
For all cluster lots abutting a flanking cul-de-sac there shall be required a setback of 10' measured from the property line to the foundation of the structure.
c. Side Yard:
i.
For RS-Cluster designations, there shall be a 5' minimum setback from property line to foundation. If a side lot line abuts common open space of at least 20' in depth measured across the entire width of the affected lot line, the setback may be reduced to 0'.
ii.
For RS-Cluster Detached designations the interior side yard may be reduced from 5' to 0' to allow construction up to the lot line provided the unit(s) abutting the zero lot line are either "concurrently approved" or have had the zero lot line previously approved and identified as part of the final plat as recorded. No common wall construction shall be permitted. A 10' minimum distance must be kept between cluster detached homes. No interior side yard is required if the side lot line abuts common open space of at least 20' in width.
iii
. For RS-Cluster Attached designations, the interior side yard may be reduced from 5' to 0' to allow construction up to the lot line provided the unit(s) abutting the zero lot line are "concurrently approved." Common wall construction is permitted. No interior side yard is required when said lot line is abutting common open space of at least 20' in width.
d.
Rear Yard
: A 10' rear yard shall be required unless the rear lot line is abutting common open space at least 20' in depth measured across the entire width of said lot line, in which case no setback is required.
2.
Landscaping structures, and unroofed stairways or steps may protrude into a required yard. A balcony and/or deck may also protrude into required yards if unroofed, unwalled and have a floor surface with spacing between its members which allows the elements (sun, rain, snow, etc.) to pass through to the ground.
G. Zero Lot Lines; Special Provisions
1.
All structures built with zero lot lines must be surveyed and staked by a licensed surveyor prior to pouring of the foundations.
2.
Legal provisions (an easement) must be made and recorded between abutting property owners where either uses the zero lot line provision herein to allow for proper maintenance of the exterior wall of a zero lot line structure.
H. Cluster Attached Dwellings; Special Provisions: Limitation on Number of Rooms
1.
No attached dwelling unit located in a Residential Single district may contain more than 3 rooms in addition to the following:
One Kitchen.
Bathrooms.
One living room.
The dwelling may also contain other rooms that are less than 70 square feet in area.
The purpose of this provision is to limit the number of bedrooms to no more than 3 per dwelling. The Planning Director shall have the authority to determine whether a space constitutes a room. The provisions of this subsection do not apply to Residential Multi, Multiple districts.
Nothing contained in this subsection shall be construed so as to prevent the construction of, or the issuance of permits for the construction of, structures which reasonably accommodate the residential needs of disabled persons. This subsection shall be construed so as to be in compliance with the Fair Housing Act, the Americans with Disabilities Act and the Washington Law Against Discrimination.
[Ord. 2001-11-077 §2; Ord. 9024 (part), 1982]
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