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City of Bellingham Municipal Code


Title 20 LAND USE DEVELOPMENT
Chapter 00 ZONING TABLES

20.00.090 - HAPPY VALLEY NEIGHBORHOOD TABLE OF ZONING REGULATIONS

Area
Zoning
Use Qualifier
Density
Special Conditions
Prerequisite Considerations
Special Regulations
1A
Residential MultiMultiple (administered through the planned contract process)Lots of 10,000 sq.ft. or greater – 1,000 sq.ft. per unit. Lots of less than 10,000 but at least 4,000 sq.ft. – 2,000 sq.ft. per dwelling unit, limited to 1.2 bedrooms per 1,000 sq.ft. Neighborhood Commercial and Mixed-Use Design Criteria; Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria; density transfers within Area 1A and from 1A to Area 3; clearing; drainageSanitary sewers; street and sidewalk improvements.See Attachment 1 - Neighborhood Commercial and Mixed-Use Design Criteria.

See Attachment 2 - Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.
1B
CommercialNeighborhood (administered through the planned contract process) limited commercial uses*Maximum 2,000 sq.ft. of floor area per commer-
cial use except for eating/drinking estab-
lishments. Minimum ratio of 0.8 sq.ft. of residential floor space to 1 sq.ft. of commercial floor space for mixed- use developments. Ground floor uses that front on Douglas Ave. are limited to commer-
cial uses listed below when part of a mixed- use development. Residential density is same as Area 1A when not part of a mixed-use development.
Neighborhood Commercial and Mixed-Use Design Criteria for mixed-use development; Areas 1A, 1B, 1C, 2B and 3 Design and Develop-
ment Criteria; residential use requirement when not part of a mixed-use development; Use of Area 1A standards for residential uses when not part of a mixed-use development; clearing; drainage.
Sanitary sewers; street and sidewalk improvements.See Attachment 1 - Neighborhood Commercial and Mixed-Use Design Criteria.

* *Permitted uses are limited to:

1. Retail Establishments of all types except those selling the following products: (see also numbers 11-14, below)
    (a) Automobiles and trucks
    (b) Heavy farm and construction equipment
    (c) Feed, grain and farm supplies
    (d) House trailers, mobile homes and boats
2. Personal Service Facilities such as:
    (a) Barber and beauty shops
    (b) Computer data services and copy centers
3. Laundry and Dry Cleaning Establishments

4. Florist Shops

5. Commercial Recreation Facilities

6. Eating and Drinking Establishments - A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service.

7. Public Utilities, if located within a public right-of-way.

8. Single Family Dwelling Unit

9. Duplex and Multi-Family Dwelling Units; when
    (a) part of a mixed-use develop-
    ment shall meet the requirements of Area 1B and Section VII, C, or
    (b) not part of a mixed-use (com-
    mercial-residential) development shall meet the requirements of Area 1A.

10. Uses similar to the above.

Prohibited Uses:

11. Business and professional offices, small animal care shops, branch post offices and banks, and similar uses not conducive to random pedestrian traffic.

12. Auto oriented services and sales such as gas stations, auto repair shops, drive through establishments and similar uses.

13. Adult entertainment uses, bars, taverns, liquor stores, card rooms, and tattoo/body piercing establishments.

14. Surface parking lots that serve WWU uses north of Bill McDonald Parkway.
1C
Residential MultiMultiple (administered Through the planned contract process)Lots of 10,000 sq.ft. or greater – 1,000 sq.ft. per unit. Lots of less than 10,000 but at least 4,000 sq.ft. – 2,000 sq.ft. per dwelling unit, limited to 1.2 bedrooms per 1,000 sq.ft. Neighborhood Commercial and Mixed-Use Design Criteria; Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria; density transfers within Area 1A and from 1A to Area 3; clearing; drainageSanitary sewers; street and sidewalk improvements.See Attachment 1 - Neighborhood Commercial and Mixed-Use Design Criteria.

See Attachment 2 - Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.
2A
PublicSchool/Open SpaceN/AClearing; drainageNoneNone
2B
Public/InstitutionalAs specified in the WWU Institutional Master PlanN/AAs specified in the WWU Institutional Master PlanAs specified in the WWU Institutional Master PlanNone
3
Residential MultiMultiple (administered through the planned contract process)1,000 sq.ft per unit; 10,000 sq.ft. min. lot size for multiple develop-
ment.
Neighborhood Commercial and Mixed-Use Design Criteria; Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria; density trans-
fers from 1A to Area 3; scaled transition to single family residential zones; clearing; drainage; freeway buffer
Sanitary sewers; street and sidewalk improvements.See Attachment 1 - Neighborhood Commercial and Mixed-Use Design Criteria.

See Attachment 2 - Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.

Area
ATTACHMENT 1
Neighborhood Commercial and Mixed Use Design Criteria for Areas 1A, 1B, 1C, 3, 14
1A
1B
1C
3
14
1. Use Criteria
    a. Buildings and public spaces should be located immediately adjacent to the public sidewalk. Underlying required yards may be reduced to accomplish this.

    b. Commercial uses shall be limited to the street level or a designated pedestrian corridor.

    c. The maximum street frontage for any one commercial use is 60 feet. For street corner uses, only one street frontage may exceed 50 feet.

    d. Residential uses shall be provided in conjunction with commercial uses at a minimum ratio of 0.8 sq. ft. of residential floor space to 1 sq. ft. of commercial floor space.

    e. Required Type A accessible dwelling units may be located at ground level to satisfy Americans With Disabilities Act requirements.

    f. Commercial development of the site shall be pedestrian in scale with windows and entries adjacent to the street or pedestrian corridor.

    g. Drive-through establishments are prohibited.

    h. A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service.

    i. Further limitations on uses are addressed within the applicable subarea descriptions.

2. Parking and access
    a. In order to encourage transit related and affordable housing in mixed-use (commercial-residential) developments, shared parking may be approved if required parking for the greater of either all residential or all commercial uses is met.

    b. Improved on street parking adjacent to the property may be counted toward on-site parking requirements provided all required parking for residential uses is improved on site.

    c. Parking should not be required for public open space such as a plaza or outdoor seating for a café.

    d. Open parking spaces that use an alley for maneuvering shall be exempt from any required yard along the alley property line.

3. Signage and Lighting
    a. Signage facing residential areas is limited to 16 sq. ft. per use frontage, which may be indirectly lighted during business hours.

    b. Signage should be oriented toward pedestrians, not automobiles.

    c. Free-standing pole signs are prohibited.

    d. Moving, blinking, changeable type, and internally illuminated signs are prohibited.

    e. Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.

Area
ATTACHMENT 2
Design and Development Criteria for Areas 1A, 1B, 1C, 2B, 3
1A
1B
1C
2B
3
Design and Development Criteria

The following specific criteria are intended to encourage development that reflects and enhances the desired character of the Happy Valley Neighborhood as stated herein. These criteria are in addition to the general criteria found in Section VII of this plan and the citywide multi-family design guidelines currently being developed.

Once adopted, the citywide guidelines shall be used in addition to the design criteria contained in this plan. The review of a planned contract application and the design review process should occur simultaneously whenever possible.

A. Streets and Transportation

Street improvements should be required as development occurs. New developments should improve their side of all abutting streets with curbs, gutters, utility conduit, lights, and sidewalks with street trees. If appropriate as determined by the Public Works Department, street improvements should be extended to the nearest street that is improved to similar standards.

The City will work in collaboration with the neighborhood, WWU, and property owners to improve streets in front of developed properties through LIDs, grants or other financing methods.

Vehicular access to new development may be limited to alleys if street construction would infringe upon a stream or designated open space corridor.

B. Open Space Corridors (See Section III)

    1. The length of 23rd Street north of Douglas Avenue to Bill McDonald Parkway should remain unimproved and retained for open space, stream restoration, and trail purposes. Parking lots should not abut this open space.

    2. The open space tracts along the east side of Sehome High School’s play fields and WWU’s Physical Plant should be retained to the greatest extent possible as a wildlife habitat corridor between the Sehome Hill Arboretum and Connelly Creek Nature Area.

C. Residential Density Transfers

The previous zoning required a minimum lot size of 10,000 sq. ft. for multi-family development. In some cases, this helped create “remnant lots” which are vacant or single-family lots under 10,000 sq. ft. and between developed multi-family properties. It is difficult for these lots to acquire the additional land needed to redevelop. Houses on remnant lots surrounded by high-density uses can be less desirable and too expensive to maintain as a quality rental unit.

Density transfers should be allowed as an option to get some value from remnant lots. Density transfers could preserve open space and help ensure that residential density is maintained.

Upon the Planning Director’s approval of a Planned Contract on a receiving property, densities may be transferred within Area 1A and from Area 1A to Area 3. Densities may only be transferred from remnant lots. Density transfers shall comply with the following guidelines:
  • Density transfers shall be recorded by covenants on sending and receiving properties.
  • A maximum of 1 dwelling unit may be transferred for each 1,000 sq. ft. of land. Fractions shall be rounded to the next lower whole number.
  • Density transfers are intended to make land available for non-residential uses such as parks and to provide open space.
  • In this process, all density shall be transferred, including the removal of any existing residences. The vacant property shall be acquired by the city, owner of the receiving property, adjacent property owner, neighborhood association, or other able party that will maintain the property as a park or open space. The vacant property may also be used for stormwater quality needs.
  • Property receiving a density transfer shall be no less than 20,000 sq. ft. in area.
  • Dwelling unit density may not be transferred from the WWU regional stormwater facility or from the block directly west of the WWU Physical Plant.

D. Western Washington University Uses:

[Note: See the WWU Institutional Master Plan for a complete listing of use restrictions, design criteria, and performance standards that apply to institutional development in designated areas of the Happy Valley Neighborhood.]

As of 2001, WWU’s developed properties south of Bill McDonald Parkway include the Physical Plant at 26th and Douglas, the Northwest Regional Archives Building at 25th and Bill McDonald Parkway, and a regional stormwater facility on the south side of Bill McDonald Parkway generally between 22nd and 23rd Streets. The Physical Plant area (2B) currently includes support offices, maintenance shops, and storage areas. WWU’s plans for the next ten years are to expand the Physical Plant functions to include relocation of related offices such as WWU’s Purchasing Office, Mail Services, and Central Stores. The block west of the Physical Plant (Area 1C) is owned by WWU, except for two small parcels that remain in private ownership. The following design criteria shall apply to development in Areas 1C and 2B:
    1. All uses in Areas 1C and 2B shall comply with the use limitations, development standards, and performance standards in the WWU Institutional Master Plan as amended.

    2. Expansion of warehousing and maintenance facilities shall occur on the Taylor Street (north) side of the Physical Plant property whenever possible. Expansion of these uses adjacent to or across the street from residential areas should be designed with office space facing streets to ease potential impacts.

    3. Office facades should include similar scale and design features of adjacent residential structures to reinforce and enhance the residential neighborhood character.

    4. New warehouse and maintenance shop facilities and outdoor storage of construction or other materials shall not be located in Area 1C.

    5. WWU truck traffic should be routed north on 25th Street to Bill McDonald Parkway and not south through the neighborhood or east along Douglas Street.

    6. 10% open space is required for all non-residential uses.

    7. Surface parking lots that serve uses north of Bill McDonald Parkway are prohibited.

    8. If Area 1C is incorporated into WWU’s Institutional Master Plan and developed with institutional (non-residential) uses, vacating the 26th Street right-of-way should be considered in exchange for an equal dedication of land for open space on the east side of 25th Street. If this occurs, WWU should be required to permanently own and maintain the open space. Explore ways to use some of the adjacent open space to enhance the streetscape/entrance to Happy Valley.
Area
Zoning
Use Qualifier
Density
Special Conditions
Prerequisite Considerations
Special Regulations
4
CommercialPlanned*N/AArea 4 Design CriteriaNone*Prohibited Uses: RETAIL ESTABLISHMENTS selling the following products:

(a) Automobiles and trucks

(b) Heavy farm & construction equipment

(c) Feed, grain, and far supplies

(d) House trailers, mobile homes, & boats

See Attachment 3 - Area 4 design criteria
5
Residential SingleDetached Cluster Attached (use attached single family duplex regulations for cluster attached projects - standard cluster plat regulations shall not apply.Single family detached - 5,000 sq. ft. min. detached lot size. Cluster attached - 3,750 sq. ft. min. per unit attached lot size, maximum of 2 units attached for cluster development, one bedroom max. per 1,000 sq. ft. of land.Drainage; floodplain; stream setbacks; clearingNone-Existing duplexes legally established prior to adoption of the neighborhood plan in 2001 are permitted.

-For cluster attached development, a maximum of 2 units may be attached. Single family attached duplex standards shall be used when developing a cluster attached housing project. Standard cluster development regulations shall not apply.

-The minimum lot size in the area may be reduced to 4,000 sq. ft. per dwelling unit for the blocks bound by Donovan Ave., Happy Ct., 24th St. and the alley east of 22nd St.
6
PublicSchool, public recreationN/ANoneNoneNone
7
Residential SingleDetached, Cluster Attached15,000 sq. ft. min. detached lot size; 5,000 sq. ft. min. cluster lot sizeFloodplain, stream setbacks; clearing; buffer along Connelly Creek wildlife habitat corridor, I-5 and boundary of Area 3Sanitary sewerThe WWU compost facility on the north side of Douglas Ave. (Lot 1, Rehder Short Plat) may continue to operate as a permitted use as long as the use complies with the following criteria:

1. The site continues to be screened from adjacent residentially zoned properties;

2. No mechanical chipping, shredding, or other noise generating uses occur on the site;

3. The use is not expanded further into Area 7; and

4. No other WWU uses, other than those allowed by the underlying zoning, are allowed on this property.
8
PublicSchoolN/ANoneNoneNone
9
Residential SingleDetached, cluster attached7,500 sq.ft. min. detached lot size; 1 lot/7,500 sq.ft. average overall cluster density; 5,000 sq.ft. min. cluster lot size Shoreline; floodplain; stream setbacks; clearing; buffer along Padden and Connelly Creeks and I-5Sanitary sewer for subdivision
Area
ATTACHMENT 3
Area 4 Design Criteria
4
32nd Street
Vacant property remains on the east side of the 32nd Street connector. New development with residential facing elevations in this area should be visually similar to adjacent residential uses to provide a complimentary transition between the high-density residential zone to the west and Sehome Village to the east.

To reinforce the transition between the use zones, structures and sites should be designed to incorporate the following criteria:
    1. Design pedestrian friendly street facades.

    2. Provide architectural details, materials, or features that emphasize human scale, and compatibility with adjacent residential uses

    3. Orient buildings, signage, and uses toward pedestrians and not automobiles.

    4. Discourage blank walls facing residential zones.

    5. Front buildings and building entrances up to streets. Underlying required yards may be reduced to accomplish this.

    6. Locate parking to the side, rear, or beneath a building.

    7. Break up parking areas with more landscaping and include larger landscape trees. CDP-36

    8. Provide mixed-uses that include residences.

    9. Prohibit pole signs on properties adjacent to 32nd Street, except for gas stations.

Sehome Village
Most customer entrances to Sehome Village are located on the east side of the shopping center. A pedestrian corridor should be opened in the middle of the shopping center to encourage pedestrian access from residential areas to the west and provide a more convenient alternative to using the automobile. Pedestrian passages through stores to the south should be maintained. If Sehome Village is redeveloped, the following design criteria are recommended:
    • Any new design should break up the existing mass of parking in the center and east of the mall.
    • More landscaping that includes larger trees (including evergreens) and understory plants should be interspersed through large parking areas.
    • Encourage more pedestrian access and interest with a design including more storefront entrances on Fielding Avenue. A maximum of one drive lane parallel to the street with parking on either side should be placed next to Fielding.
    • Loading areas for smaller storefronts should be accessed from the parking lot to allow for greater pedestrian access from the south and west. Larger establishments’ loading areas should be placed outside of pedestrian ways and screened.
    • Transit services should be integrated on-site into the mall redevelopment and provide covered access to businesses.
    • Opportunities for outdoor seating should be made by building modulation and by moving a portion of the mall buildings toward the center of the site.
    • Upper floor residential uses are encouraged above commercial spaces. No additional parking requirements should be placed on upper floor residential.
    • Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.

Natural Systems Enhancement
One fork of Connelly Creek’s headwaters originates in the linear wetlands located in the Fielding Avenue and 36th Street rights of way. Drainage from the vast parking areas surrounding these wetlands contains heavy metals and other pollutants that have an adverse affect on the water quality in the creek. The stormwater storage and cleansing functions of these linear wetlands should be retained and enhanced. More native vegetation, including conifers, should be added to improve the multiple functions of these wetlands. Expansion of the wetlands through conversion of existing paved areas or other means should be explored. TP-21

Developments should minimize the amount of parking provided on site and increase the amount of open space to facilitate installation of more trees or water quality filtration systems.

Area
Zoning
Use Qualifier
Density
Special Conditions
Prerequisite Considerations
Special Regulations
10
CommercialPlannedMaximum 10,000 sq.ft. footprint per buildingDesign criteria – see Special Regulations*; shoreline; floodplain; stream setbacks; drainage; clearing; vehicular access; uses that rely on large surface parking lots or vehicle storage, such as auto sales, are prohibited.None*Design criteria:
1. This area serves as a gateway to south Bellingham and Fairhaven. Future redevelopment of this area should contribute toward a distinct neighborhood entrance instead of appearing freeway oriented. For example, emphasis should be placed on creating a smaller scaled environment of compact development with smaller buildings or building elevations of varying scales and designs.

2. Building elevations should avoid large blank walls facing streets, especially near sidewalks. These walls should include pedestrian entrances and windows facing streets.

3. Buildings should front 30th Street and Old Fairhaven Parkway creating a strong pedestrian connection between the sidewalks and buildings.

4. Parking lot design should be limited to a single drive lane parallel to the street with parking on either side in order to avoid vast parking lots. Other parking should be located to the sides or rear of buildings.

5. Setback sidewalks with street trees should be used to buffer pedestrians from moving traffic.

6. Mixed-uses that include residences should be encouraged.

7. Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.
11
11A
PublicPark, Open Space, UtilitiesN/AStream setbacks; fisheries; floodplainNoneNone
12
Residential SingleDetached5,000 sq.ft. min. detached lot sizeDrainage; views; narrative in neighborhood planNoneGarages and carports shall be set back a minimum of 4 feet from the front of residences.
13
PublicGovernmental ServicesN/ANoneNoneNone
14
CommercialNeighborhood, administered through the planned contract process; limited permitted uses*Max. 2,000 square feet of floor area per use except for eating establishments. Max of 50% of the gross commercial floor area may be used for offices as a primary use. Min. ratio of 0.8 sq.ft. of residential floor space to 1 sq.ft. of commercial floor space.Neighborhood Commercial and Mixed-Use Design Criteria;
max. 25-foot height limit above Harris Ave. centerline; limited vehicular access; street improvements
NoneSee Attachment 1 – Neighborhood
Commercial and Mixed-Use Design
Criteria.

*Permitted uses are limited to the following:

1. RETAIL ESTABLISHMENTS of all types except those selling the following products: (see also numbers 12-13 below)
    (a) Automobiles and trucks
    (b) Heavy farm and construction equipment
    (c) Feed, grain and farm supplies
    (d) House trailers, mobile homes and boats

2. PERSONAL SERVICE FACILITIES such as:
    (a) Barber and beauty shops
    (b) Tailor shops
    (c) Repair shops for small items

3. BUSINESS AND PROFESSIONAL OFFICES limited to 50% of the gross commercial floor area in this zone.

4. LAUNDRY AND DRY CLEANING ESTABLISHMENTS

5. FLORIST SHOPS

6. PUBLICLY OWNED PARKS AND PLAYGROUNDS

7. EATING ESTABLISHMENTS – A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service.

8. PUBLIC UTILITIES, if located within a public right of way.

9. SINGLE FAMILY DWELLING UNIT.

10. DUPLEX AND MULTI-FAMILY DWELLING UNITS; when within a structure housing other principal uses.

11. USES similar to the above.

Prohibited Uses:
1. Auto oriented services and sales such as gas stations, auto repair shops, drive through establishments and similar uses.

2. Adult entertainment uses, bars, taverns, liquor stores, card rooms, and tattoo/body piercing establishments.
15
Residential SingleDetached5,000 sq.ft. min. detached lot sizeFloodplain; drainage; clearing; buffer along Padden and Connelly Creeks and freewayNoneNone
16
PublicGovernmental ServicesN/AReversion clause in neighborhood planStreet and sidewalk improvementsNone


[Ord. 2006-12-119; Ord. 2004-12-087]
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