16.80.060 Permitted uses.
A. Residential Single Permitted Uses – Uses Permitted Outright. No building or land shall be used within an area designated residential single, except as follows:
1. Single-family dwelling unit with less than 5,500 square feet of total floor area.
2. Publicly owned parks, trails and playgrounds.
3. Private recreation facilities and/or common open space (when approved by council as part of a subdivision).
4. Mixed use (where such a use is specifically listed in a neighborhood land use plan, which has been designated with a “mixed” use qualifier).
5. Public utilities (when located within a public right-of-way).
6. Attached accessory dwelling unit approved prior to January 8, 2001 (consistent with procedures and requirements outlined in BMC 20.10.036).
7. Attached and detached accessory dwelling unit existing prior to January 1, 1995 (consistent with procedures and requirements outlined in BMC 20.10.036).
8. Confidential shelters subject to the provisions of BMC 20.10.047.
9. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.
10. Co-housing developments subject to the requirements of BMC 20.10.048.
11. No residential single lot or parcel may be partially or entirely cleared of vegetation or used as a soil/earth/rock material fill site without having first obtained a valid building permit subject to this regulatory chapter. Written exemptions may be issued by the director for minor clearing for land surveying, hazard tree removal, or abatement of noxious weeds. Hazard tree determinations shall be made by an ISA certified arborist; replacement trees shall be required.
12. Animal husbandry including the breeding, rearing or keeping of livestock such as, but not limited to, cattle, bison, horses, mules, ponies, donkeys, llamas, alpacas, sheep, goats, pigs or poultry shall not be permitted. Except, properties at which animal husbandry is currently being conducted as of the effective date of the ordinance codified in this chapter may be permitted to continue at existing sites, provided the existing use shall not be expanded, enlarged or increased in intensity by any means nor shall animals be replaced due to death of an animal. It shall be the property owner’s responsibility to obtain a certificate of nonconforming use and provide evidence that such use was established, including the specific type and quantity of animal(s) as of the effective date of the ordinance codified in this chapter. The certificate of nonconforming use shall not be transferable to another person or entity.
B. Residential Single Conditional Uses. The following may be allowed if approval can be obtained based upon standards and requirements for conditional uses as specified in Chapter 20.16 BMC. Additionally, all conditional use of property shall be redesigned to prevent phosphorus or fecal coliform loading to Lake Whatcom as prescribed within a city-adopted Lake Whatcom TMDL action plan.
1. School.
2. Church.
3. Neighborhood club/activity center.
4. Nonconforming use; signage.
5. Public utilities; other than those described in BMC 16.80.060(A)(5).
6. Community public facilities, with the exception of public owned parks, trails and playgrounds; subject to the provisions of BMC 20.16.020(K)(4).
7. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.
C. Residential Multi Permitted Uses – Uses Permitted Outright. No building or land shall be used within areas designed RM or RM-planned except as enumerated below:
1. Single-family dwelling unit with less than 5,500 square feet of total floor area.
2. Duplex and/or multiple attached dwelling units such as apartments or townhouses.
3. Publicly owned parks, trails and playgrounds.
4. Private recreational facilities, when approved as part of a subdivision.
5. Public utilities (when located within a public right-of-way).
6. Confidential shelters subject to the provisions of BMC 20.10.047.
7. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.
8. Co-housing developments, subject to the requirements of BMC 20.10.048.
D. Residential Multi Conditional Uses. The following uses may be allowed if approval can be obtained, based upon standards and requirements for conditional uses as specified in Chapter 20.16 BMC. Additionally, all conditional use of property shall be designed to prevent phosphorus or fecal coliform loading to Lake Whatcom as prescribed within a city-adopted Lake Whatcom TMDL action plan.
1. School.
2. Church.
3. Neighborhood club/activity center.
4. Nonconforming use; signage.
5. Public utilities, other than those described in subsection (C)(5) of this section.
6. Day care.
7. Service care.
8. Day treatment center.
9. Wireless communication facilities, subject to the provisions of Chapter 20.13 BMC.
10. Community public facilities, with the exception of publicly owned parks, trails and playgrounds; subject to the provisions of BMC 20.16.020(K)(4).
E. Commercial Uses. Commercial uses shall be as permitted and specified in the zoning classification of BMC Title 20. [Ord. 2018-05-009 § 1; Ord. 2009-06-040; Ord. 2005-08-066; Ord. 2001-01-001].