20.25.020 Applicability | Bellingham Municipal Code

20.25.020 Applicability.

The following areas and developments are subject to design review under this chapter. No building permit shall be issued for projects regulated under this chapter until design review approval has been issued unless the activity is exempt from design review under subsection (A) of this section. Buildings and activities which are exempt from the design review process shall comply with adopted site lighting standards regarding shielded outdoor lighting. The provisions of Chapter 20.14 BMC regarding nonconformance establish which of the standards and criteria in this chapter apply to developed sites.

A. Exemptions. The following activities are exempt from design review:

1. Single-family detached dwelling units unless specified otherwise in an adopted urban village regulated under this chapter or Chapter 20.28 BMC.

2. Single-family attached dwelling units consisting of less than three attached units and not located in an adopted urban village regulated under this chapter.

3. A duplex on a site that is not located in an adopted urban village regulated under this chapter or regulated by Chapter 20.28 BMC.

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

5. Any activity that requires a certificate of alteration or certificate of demolition for any historic resource individually listed in the city of Bellingham’s local historic register or listed as a contributing property to a local historic district shall be processed pursuant to BMC 17.90.060.

6. Normal maintenance and repair.

7. Minor renovations, additions and exterior alterations to buildings and their associated site improvements, including electrical and mechanical equipment and accessory buildings, which the director determines will maintain or improve the architectural character of the building or site design, and will have minimal detrimental impact on adjacent uses.

8. Public infrastructure of permanent or temporary character such as bridges, viaducts, elevated ways, docks, piers, retaining walls, gates, fences, lamp standards, sculptures, bas-reliefs, monuments, fountains and playground equipment.

9. All signage, except that signage located in a residential multi land use designation, shall comply with the requirements of the multifamily residential design handbook.

10. Restoration of any historic element of a building as approved by the planning and community development director.

11. Waterfront Design Review District. In the waterfront design review district, development activities consisting of industrial, manufacturing and warehouse facilities (including boat servicing, repair and accessory offices), provided the buildings and facilities are set back at least 20 feet from adjacent arterial streets, trails or parks, and the street frontage, trail or park is buffered by landscaping.

However, design review approval shall be obtained if the use within the proposed building or facility includes retail, personal services, cultural or entertainment uses, or is located within 20 feet of an existing or proposed arterial street, trail, or park. 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, the context of the street, trail or park frontage, and the type of development proposed.

1. The following development activities shall obtain design review approval when located in any use district except within an urban village design district listed in subsection (C) of this section, institutional general use types that are governed by an adopted institutional master plan, or when exempt by subsection (A) of this section:

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

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

c. Projects involving any use that is allowed as a “mixed use” by the use qualifier in residential multi zones;

d. All infill housing development pursuant to Chapter 20.28 BMC;

e. Accessory buildings for any of the developments listed above;

f. Any additions or exterior alterations to buildings of the types listed above and/or to their associated site improvements. 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.

2. When any of the residential uses listed in subsection (B)(1) of this section are part of a commercial or mixed use development, or development will consist of a “mixed use” identified in subsection (B)(1)(c) of this section, the director shall determine which design standards 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.

3. Development activities listed in subsections (B)(1) and (2) of this section shall be reviewed either by staff or the design review board as noted below:

a. Development activities listed in subsections (B)(1) and (2) of this section shall be reviewed by staff.

b. The director may refer any project to the applicable design review board for a recommendation if staff has identified potential inconsistencies with the design standards.

c. An applicant may request an optional preapplication design guidance meeting with the design review board.

4. Decision Criteria. For projects listed in subsections (B)(1) and (2) of this section, the director shall base his or her decision on consistency with the provisions of the adopted multifamily residential design handbook.

1. All development activities within an urban village design review district listed in Table 20.25.020 and shown on corresponding figures shall obtain design review approval unless exempted by subsection (A) of this section.

Table 20.25.020
Urban Village Design Review District	Corresponding Figures
Downtown	Figure 20.25.020(C)(1) – Downtown Design Review District
Old Town	Figure 20.25.020(C)(2) – Old Town Design Review District
Waterfront	Figure 20.25.020(C)(3) – Waterfront Design Review District
Fairhaven	Figure 20.25.020(C)(4) – Fairhaven Design Review District
Fountain District	Figure 20.25.020(D)(5) – Fountain District Design Review District
Samish Way	Figure 20.25.020(C)(6) – Samish Way Design Review District
Barkley	Figure 20.25.020(C)(7) – Barkley Way Design Review District

2. The following projects shall be reviewed as noted below:

i. New buildings and developments.

i. New buildings and developments in an historic district or historic influence area of any urban village, unless occurring in a Bellingham local historic district, in which case all review shall be conducted according to Chapter 17.90 BMC; and

ii. Additions and exterior alterations to existing buildings and associated site improvements within an historic district or historic influence area of any urban village, unless found to be exempt under subsection (A) of this section. Modifications to buildings listed on the city of Bellingham local historic register shall be reviewed according to Chapter 17.90 BMC.

i. Additions or exterior alterations to existing buildings and their associated site improvements unless found to be exempt under subsection (A) of this section. Modifications to buildings listed in the city of Bellingham local historic register shall be reviewed according to Chapter 17.90 BMC.

ii. The director may refer any project subject to staff review to the design review board or design review subcommittee of the historic preservation commission for a recommendation if staff has identified potential inconsistencies with the design standards.

iii. An applicant may request an optional preapplication design guidance meeting with the applicable design review board or historic preservation commission.

3. Decision Criteria Within Urban Village Design Review Districts. For projects located in an urban village design review district, the director shall base their decision on consistency with the urban village design guidelines, the urban village design standards in BMC 20.25.070, and any specific design standards listed in the development regulations for each urban village.

Urban Village Design Guidelines

a. Residential Transition Areas. If the project is located in an urban village residential transition area, the standards of the multifamily residential design handbook shall also apply. If there is any conflict between these standards, the design review board and/or director shall apply the standard that would result in the best design, based on the context of the area in which the project is located and the policies in the applicable neighborhood plan.

b. Large Retail Establishments. Large retail establishments shall also comply with the standards in subsection (D) of this section when located in an urban village. If there is any conflict between these standards, the design review board and/or director shall apply the standard that would result in the best design based on the context of the area in which the project is located and the policies in the applicable urban village plan.

c. Historic Preservation. If there is any conflict between the standards in subsections (C)(3)(a) and (b) of this section and the standards in Chapter 17.90 BMC, Historic Preservation, the historic preservation standards shall prevail.

Figure 20.25.020(C)(1) Downtown Design Review District

Figure 20.25.020(C)(2) Old Town Design Review District

Figure 20.25.020(C)(3) Waterfront Design Review District

Figure 20.25.020(C)(4) Fairhaven Design Review District

Figure 20.25.020(C)(5) Fountain District Design Review District

Figure 20.25.020(C)(6) Samish Way Design Review District

Figure 20.25.020(C)(7) Barkley Design Review District

1. All development activities for a large retail establishment as defined in subsection (D)(2) of this section shall obtain design review approval unless exempt by subsection (A) of this section.

2. A “large retail establishment” means an individual retail user that exceeds 60,000 square feet of gross floor area, including but not limited to membership warehouse clubs, discount stores, specialized product stores and department stores. For the purpose of this definition, gross floor area shall consist of the sum of the gross horizontal areas of all floors within the inside perimeter of the exterior walls of the structure or tenant space and roofed or partially walled outdoor areas reserved for the display, storage, or sale of merchandise, including accessory uses inside the primary retail establishment. Structured parking is excluded. The gross floor area of adjacent stores shall be aggregated in cases where the stores (a) are engaged in the selling of similar or related merchandise and operate under common ownership or management; (b) share check stands, a warehouse, or a distribution facility; or (c) otherwise operate as associated, integrated or cooperative business enterprises.

3. Development activities listed in subsection (D)(1) of this section shall be reviewed either by staff or the design review board as noted below:

a. Development activities listed in subsection (D)(1) of this section shall be reviewed by staff.

b. The director may refer any project to the applicable design review board for a recommendation if staff has identified potential inconsistencies with the design standards.

c. An applicant may request an optional preapplication design guidance meeting with the design review board.

4. Decision Criteria. For projects listed in this subsection (D), Large Retail Establishments, the director shall base their decision on consistency with the standards in BMC 20.25.060 unless the proposal is located in an urban village design review district, in which case the design review board and/or planning director shall determine which standard(s) apply.

1. All development activities within commercial zones, and all commercial development activities within any other zoning designation, shall obtain design review approval in accordance with this subsection except as follows:

a. Development within an urban village or design district listed in subsection (C) of this section; or

b. When exempt by subsection (A) of this section.

2. Commercial development activities within noncommercial zoning designations include, but are not limited to, retail, office, personal or professional services, eating and drinking establishments and other similar uses as determined by the director.

3. The following development activities listed shall be reviewed by staff, the design review board, or the historic preservation commission as noted below:

i. New buildings and developments.

ii. Additions or exterior alterations to existing buildings and their associated site improvements unless the building is on the city of Bellingham register of historic places.

iii. The director may refer any project subject to staff review to the applicable design review board or historic preservation commission for a recommendation if staff has identified potential inconsistencies with the design standards.

i. Additions and exterior alterations to buildings and associated site improvements if they are on the city of Bellingham register of historic places. 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. An applicant may request an optional preapplication design guidance meeting with the applicable design review board or historic preservation commission.

4. Decision Criteria. For projects listed in this subsection (E), the director shall base their decision on consistency with the commercial development guidelines and standards in BMC 20.25.090 and the following:

a. When any commercial use listed in this subsection (E) is part of a mixed-use development, the director shall determine which design standards are applicable and which portions of the development are subject to design review based on the context of the use district and the type of development proposed. If there is any conflict on a project with multiple applicable design standards, the director shall apply the standard that would result in the best design, based on the context of the area in which the project is located and the policies in the applicable neighborhood plan.

b. Commercial development in the following neighborhoods has additional design standards in the zoning tables which must be consulted in addition to the standards stated herein. Wherever there are conflicting standards, the director shall apply the standard that would result in the best design, based on the context of the area in which the project is located and the policies in the applicable neighborhood plan.

Table 20.25.020(E)
Neighborhood	Commercial Design Standards
Cordata	Cordata design review (where applicable)
Happy Valley	Neighborhood commercial and mixed use design criteria for Areas 1A, 1B, 1C, 2B, 3, 4, and 14
Meridian	Meridian design standards for Areas 3, 4, 5, 6, 7, and 8 and Meridian commercial district development guidelines
Roosevelt	Roosevelt Area 16 development standards

[Ord. 2023-01-001 § 1 (Att. 1); Ord. 2022-01-002 § 3; Ord. 2019-12-040 §§ 7, 8; Ord. 2018-06-011 § 4; Ord. 2015-01-001 § 4 (Exh. A)].