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Bellingham Municipal Code
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20.30.030 - Permitted Uses
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City of Bellingham Municipal Code
Title 20 LAND USE DEVELOPMENT Chapter 30 RESIDENTIAL SINGLE DEVELOPMENT
20.30.040 - STANDARD DEVELOPMENT REGULATIONS
A. Applicability
1.
The regulations of this section shall apply to the development of any main building in an area designated RS to be occupied by a principal use designated in Section
20.30.030
, unless the optional regulations of Section
20.30.050
are utilized.
2.
The regulations of this section also apply to the development of a single family home where permitted in other designations (residential multi, commercial, institutional or planned).
3.
The regulations of this section shall apply to the development of any permitted conditional use in an area designated RS unless other applicable regulations appear within Chapter 20.16.
4.
Except where other applicable regulations appear within Section
20.30.100
, the regulations of this section shall apply to the development of any accessory building in an area designated RS.
B. Minimum Site Area
1.
Development of any use shall take place upon a site area not less than what is specified within the relevant neighborhood plan land use classification system under "density," except in the following instances:
a.
Development upon lots of record recorded prior to February 5, 1973. In which case, the minimum site area shall encompass all adjacent and contiguous lots of record held under common ownership as of the effective date of this ordinance.
b.
Development upon lots of record approved under the Subdivision Ordinance 8192, as amended; in which case, the minimum site area shall be the lot size as approved and recorded.
c.
Conditional use development where less site area is specifically authorized in Chapter 20.16.
d. Exception:
Exceptions from the minimum site area requirements shall be summarily approved by the Planning Director provided all of the criteria listed below are satisfied.
i.
All adjacent property held by the subject owner is not capable of meeting the density provisions required for short subdivision.
ii.
The property proposed for development is a legally recorded lot(s) or parcel(s).
iii.
The proposed use is for a single family residence.
iv.
50% or more of the total number of parcels within or partially within 300' of the exterior boundary of the subject property shall have a site area which is less than or equal to that of the subject property. To be included in consideration, a surrounding parcel shall be a buildable lot and within the same land use area as the subject property.
v.
The parcel is not located in the Lake Whatcom Watershed as defined in the City's Subdivision Code, BMC Title 18, except for those parcels which have received a written exception from the Planning Director which has not been rescinded, on or before June 1, 1997.
2.
Public parks, playgrounds, common open space, recreational facilities and public utilities authorized within Section
20.30.030
shall be exempt from minimum site area requirements.
C. Main building/Principal Use.
There shall be no more than one principal use and/or one main building on a lot; provided however that the Hearing Examiner is authorized to approve additional main buildings for those conditional uses which the Hearing Examiner finds by their nature to function efficiently and appropriately in more than one main building.
D. Open Space.
A minimum of 30% of the site area shall be reserved as private open space.
E. Height.
No structure shall exceed 35 feet under height definition #1 or 20 feet under height definition #2.
F. Minimum Yards
1.
Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks as shown on Table "A" Residential Single Minimum Yards shall be required for main buildings:
Table "A" Residential Single Minimum Yards
Yards
Setbacks
Measurements
Front Yard Setback
50' CL
(1)
60' CL if designed street arterial
(1)
20' PL if abutting a Cul-de-sac
Setback measured from the centerline (CL) of the street right-of-way.
Setback measured from the front property line (PL).
Side Yard on a Flanking Street
40' CL
50' CL if designed street arterial
10' PL if abutting a Cul-de-sac
Setback measured from the centerline (CL) of the street right-of-way.
Setback measured from the property line (PL) abutting the side flanking street.
Side Yard Setback
5' PL
Setback measured from each side property line (PL)
Rear Yard Setback
10' PL
Setback measured from the rear property line (PL).
Note:
1.
At the property owner's option, when 40% or more of all lots or parcels on one side of a block between two intersecting streets have been built up with buildings of less depth than that required by this ordinance, then the average depth of the front yards may be the required yard for that side of the block. For the purpose of calculating the average depth, buildings that exceed the front yard setback shall be calculated to the standard minimum front yard setback. This front yard setback option is not applicable to garages and carports, which shall comply with the standard front yard setback requirement. Yard encroachments may be permitted per
BMC 20.10.080 B.
2.
Exception.
Permitted yard encroachments identified in
BMC 20.10.080 B
. may extend into a standard required yard, provided that the encroachments meet the adopted building codes and minimum vision clearance triangle on a corner lot.
[Ord. 2011-07-036; Ord. 10920, 1997; Ord. 9223 §1, 1983; Ord. 9024 part), 1982]
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