20.30.040 Standard development regulations

20.30.040 Standard development regulations.

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 BMC 20.30.030.

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 BMC.

4. Except where other applicable regulations appear within BMC 20.10.036 or 20.30.100, the regulations of this section shall apply to the development of any accessory building in an area designated RS.

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 the ordinance codified in this chapter.

b. Development upon lots of record approved through the subdivision process, 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 BMC.

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. Fifty percent or more of the total number of parcels within or partially within 300 feet 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 does not drain into Basin 1 of the Lake Whatcom watershed as shown in BMC 16.80.040, 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 BMC 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 percent of the site area shall be reserved as private open space.

E. Height. No structure shall exceed 35 feet under BMC 20.08.020, height definition No. 1 or 20 feet under height definition No. 2.

1. Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks as shown on Table 20.30.040 – Residential Single Minimum Yards shall be required for main buildings:

Table 20.30.040 Residential Single Minimum Yards
Yards	Setbacks	Measurements
Front Yard Setback	50 feet CL ¹	Setback measured from the centerline (CL) of the street right-of-way.
	60 feet CL if designed street arterial ¹
	20 feet PL if abutting a cul-de-sac	Setback measured from the front property line (PL).
	10 feet from an access easement ³	Setback measured from the closest boundary of an access easement associated with the private driveway.
Side Yard on a Flanking Street	40 feet CL	Setback measured from the centerline (CL) of the street right-of-way.
	50 feet CL if designed street arterial
	10 feet PL if abutting a cul-de-sac	Setback measured from the property line (PL) abutting the side flanking street.
Side Yard Setback	5 feet PL	Setback measured from each side property line (PL).
Rear Yard Setback	10 feet PL	Setback measured from the rear property line (PL).

Note:

1At the property owner’s option, when 40 percent 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 chapter, 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.

3Applicable only to lots that lack street abutment and are served by a private access easement. The maneuvering area between the back of parking (or a garage/carport entry) and a private driveway shall not be between 10 feet and 18 feet in length to prevent parked cars from overhanging into a driveway.

1. Unless more stringent setbacks have been delineated upon a cluster plat as part of an approval requirement, the following setbacks as shown on Table 20.30.045 – Cluster Residential Single Minimum Yards shall be required for main buildings on lots created through the subdivision process:

Table 20.30.045 Cluster Residential Single Minimum Yards
Table 20.30.045 –
Yards	Setbacks	Measurements
Front Yard Setback	15 feet PL	Setback measure from the front property line (PL).
Front Yard Setback	10 feet from an access easement (2)	Setback measured from the closest boundary of an access easement associated with the private driveway.
Side Yard on a Flanking Street	10 feet PL	Setback measured from the property line (PL) abutting the side flanking street.
Side Yard Setback	5 feet PL	Setback measured from each side property line (PL).
Side/Rear Yard Setback (attached)	0 feet PL	Setback measured from the side/rear property line (PL).(3)
Rear Yard Setback	10 feet PL	Setback measured from the rear property line (PL).

Note:

1 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.

2Applicable only to lots that lack street abutment and are served by a private access easement. The maneuvering area between the back of parking (or a garage/carport entry) and a private driveway shall not be between 10 feet and 18 feet in length to prevent parked cars from overhanging into a driveway.

3Applies to the portion of the building(s) where the attachment occurs.

H. Street Trees. One street tree shall be required for every 50 feet of street frontage abutting the property. Said trees shall be installed adjacent to the right-of-way within the property lines or within the right-of-way subject to the approval of the public works and parks department. Said trees are required for all new and redeveloped properties unless already installed as part of a land division process. [Ord. 2024-02-002 § 7; Ord. 2018-12-036 §§ 31 – 34; Ord. 2018-05-009 § 14; Ord. 2011-07-036; Ord. 10920, 1997; Ord. 9223 § 1, 1983; Ord. 9024, 1982].