City of Bellingham Municipal Code

20.25.020 - APPLICABILITY

The following areas and developments are subject to design review under this chapter. No building or sign permit shall be issued for projects regulated under this chapter until design review approval has been issued. The provisions of Chapter 20.14 regarding nonconformance establish which of the standards and criteria in this chapter apply to developed sites. In addition, some standards in this chapter specify the level of development that requires full compliance.

A. Multi-Family Residential Projects. The following developments shall obtain design review approval when located in any use district except within the City Center Design Review District, Institutional General Use Types that are governed by an adopted institutional master plan, the Fairhaven Design Review District or in an Urban Village Design District:

1. New construction consisting of or resulting in:

a. Single family attached residential development consisting of 3 or more attached units;

b. Residential development consisting of 3 or more dwelling units on a site;

c. Accessory buildings for any of the developments listed above.

2. Any additions or exterior alterations to buildings of the types listed in paragraph 20.25.020 A.1 and/or to their associated site improvements, if the proposed construction requires a building permit. The design standards apply only to the proposed additions or alterations to the extent feasible while allowing the flexibility to accommodate the design of the existing improvements.

3. The requirements of this chapter apply to any of the residential uses listed in Section 20.25.020 A. when part of a commercial or mixed use development. In these situations the Director shall determine which requirement statements are applicable and which portions of the development are subject to review based on the context of the use district and the type of development proposed.

4. The following activities are exempt:

a. Interior alterations that do not affect the exterior design of the building.

b. Development that does not conform to the design standards and is damaged or destroyed by sudden accidental cause may be reconstructed. The reconstructed improvement may not be more nonconforming that it was immediately prior to the damage. An application for a building permit to rebuild or repair the nonconforming improvement must be made within 12 months or the nonconformance shall be considered to be terminated and shall not be resumed. Development that does not conform to other provisions of Title 20 shall continue to be regulated under the provisions of Chapter 20.14.

c. Normal maintenance and repair.

B. Development in the Fairhaven Design Review District. Developments of the type listed in Section 20.26.030 and located within the Fairhaven Design Review District as defined by Section 20.26.020 and shall obtain design review approval.

C. Development in the City Center Design Review District and Urban Village Districts. All development projects requiring a building permit within the City Center Design Review District (Figure 25-1) or an Urban Villate Design District shall obtain design review approval unless exempted by this subsection.

1. The following projects shall be exempt:

a. Single family detached dwelling units, signs, interior work which does not alter the exterior of the structure, normal maintenance and repair and minor renovations or additions which the Director determines do not affect the architectural character of the building; and

b. City of Bellingham and Bellingham-Whatcom Public Facilities District projects that are in an advanced stage of design development and make application for building or construction permits within 180 days of the effective date of this ordinance.

2. The following projects shall be reviewed either by staff, the Design Review Board or the Historic Preservation Commission as noted. The Design Review Board and the Historic Preservation Commission shall provide a recommendation to the Director regarding a design review decision. The Director shall give substantial weight to the recommendation of the Design Review Board and the Historic Preservation Commission.

a. Projects subject to review by the Design Review Board:

i. New buildings and developments, and

ii. Additions or exterior alterations with a valuation of over $50,000 unless the building is on the City of Bellingham, State or National registers of historic places.

b. Projects subject to review by the Historic Preservation Commission:

i. Alterations and exterior additions to buildings on the City of Bellingham, State or National registers of historic places if the alteration or addition has a valuation of over $50,000. If a Certificate of Alteration is required under BMC 17.90.060, the Commission's decision regarding the Certificate of Alteration shall be incorporated into the design review decision by the Director.

c. Projects subject to staff review:

i. All projects requiring design review under this subsection other than those requiring under BMC 20.25.020.C.2.a. and b. The Director may refer any project subject to staff review to the Design Review Board for recommendation if staff has identified potential inconsistencies with the design standards.

1. Construction of a building, or

2. Any additions or exterior alterations to buildings and/or to their associated site improvements, if the proposed construction requires a building permit. They should be applied to the extent feasible while accommodating the design of the existing improvements.