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A. Minimum Site Area. None.

B. Maximum Density. None.

C. Building Height. The maximum building height within the old town overlay district shall be 75 feet (BMC 20.08.020, height definition No. 1), except as provided in subsection (F) of this section and as follows:

1. To encourage a response to topography on sloping property, a building may be divided into modules and stepped with height measured on a per module basis.

2. Height may be increased to 130 feet (BMC 20.08.020, height definition No. 1) on those properties identified on Figure 20.35.070(A), except as provided in subsection (F) of this section and shown on Figure 20.35.070(C).

3. Height is limited adjacent to historic buildings as shown on Figure 20.35.070(B).

4. Height is limited within views to cultural and geographic features of significance as shown on Figures 20.35.070(C) and (D). Height limits within view corridors are measured to the highest point of a building or structure. Encroachment above the height limit into view corridors by rooftop objects such as mechanical equipment, elevator and stair shafts, smokestacks and ventilators is prohibited. Any exceptions are limited to those outlined in subsection (F)(1) of this section.

Figure 20.35.070(A) Height Opportunity Areas

Figure 20.35.070(B) Height Limits Adjacent to Historic Features

Figure 20.35.070(C) Height Limits within View Corridors to Cultural and Geographic Features

Figure 20.35.070(D) Height Limits within View Corridors to Cultural and Geographic Features

D. Floor Area Ratio (FAR).

1. Purpose. The maximum floor area ratio (FAR) standards are intended to accomplish several purposes of the old town subarea plan. Combined with the established height limits herein, the FAR allows for greater modulation in individual buildings and the greater urban fabric. They also provide architects greater flexibility in how to mass buildings on sites and relate projects to unique on- and off-site features.

2. Floor Area Ratio (FAR) Standard. The maximum FAR for all sites in the old town overlay district is 3.5, or 5.0 with use of floor area transfers and bonuses as outlined in subsections (D)(3) and (4) of this section.

3. Transfer of Floor Area. Transfer of FAR among properties that are part of a single development plan is allowed when approved by the planning director, provided:

a. The designs for the sending and receiving properties are reviewed at the same time, unless an acceptable alternative process is commemorated in a development agreement with the city.

b. The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

4. Floor Area Bonus Options. Floor area bonus options are offered as incentives to encourage facilities and amenities that implement the old town subarea plan.

a. Projects may use more than one bonus option unless specifically stated otherwise; bonus floor area amounts are additive.

b. The maximum floor area ratio increase that may be earned through the bonus options is 1.5 for a maximum FAR on site of 5.0.

c. Bonus Options.

i. Public Plazas and Open Spaces. Floor area may be transferred to and from any property within the old town overlay district when approved by the planning director, provided:

(A) The transferred floor area will result in dedication of a public plaza or open space as identified in the old town subarea plan;

(B) For each square foot of base FAR allowed by the zoning code from an eligible site, one and one-half square foot of bonus floor area is earned on the receiving site(s) up to a maximum of 1.5 FAR per receiving site; and

(C) The property owner(s) executes a covenant with the city that is attached to and recorded with the deed of both the site transferring and the site receiving the floor area reflecting the respective increase and decrease of potential floor area.

ii. Affordable Housing. Housing for low and middle income residents receives bonus floor area when approved by the planning director. For each square foot of floor area certified by the director as affordable housing, four square feet of bonus floor area is earned up to a maximum of 1.5 FAR. When commemorated in a development agreement with the city, an alternative floor area bonus option may be granted when a parcel is sold to or committed to a developer that agrees to construct and lease or sell 100 percent of the housing units to low or middle income households. The project must have controls in place, subject to approval by the director to ensure that the project’s residences remain permanently affordable in accordance with subsections (D)(4)(c)(ii)(A) and (B) of this section. Purchasers of affordable homes constructed under this chapter shall meet the following requirements:

(A) Annual Income. All purchasers or tenants shall be from a household whose annual income, at the household’s initial occupancy of the single-family residence, is 80 percent or less of the median income (determined by Housing and Urban Development) as adjusted by family size of the Bellingham Standard Metropolitan Statistical Area (SMSA), specifically defined as Whatcom County; and

(B) Housing Expenses. The monthly expenditure by a purchaser, as described in subsection (D)(4)(c)(ii)(A) of this section, for housing including rent or mortgage repayment, insurance, taxes and utilities (water and sewer) shall not exceed 38 percent of the gross household income at the time of purchase and the amount for rent or mortgage repayment shall not exceed 30 percent of gross household income. All other variable living expenses associated with the resident’s occupancy shall not be a factor in the calculation of affordability.

iii. Leadership Through Energy and Environmental DesignTM (LEED) Certification (or Equivalent). Buildings that incorporate sustainable design receive a maximum 0.5 FAR bonus. To qualify for this bonus, the proposed project shall be certified by the planning director as a minimum LEED silver certification (or equivalent).

iv. Lake Whatcom watershed property acquisition program (LWWPAP) bonus option. Contributors to the LWWPAP receive floor area bonuses when approved by the planning director, provided:

(A) Bonus floor area earned is paid for on a per square foot basis according to a fee schedule established by city council resolution;

(B) Floor area paid for and floor area earned is at a 1:1 ratio, such that for each square foot paid for, one square foot of floor area is earned on the receiving site up to a maximum 0.5 FAR bonus;

(C) The applicant must submit with the application for land use review a letter from the Bellingham finance department documenting the amount which will be contributed to the LWWPAP.

v. Public Benefit. The planning director may administratively approve up to a maximum 1.5 bonus FAR for developer generated proposals that would provide a public need, service, or amenity that is determined by the director to be essential for the betterment of the city and neighborhood. The developer must demonstrate, to the satisfaction of the director, how the proposal will be adequate and proportionate to the requested increase in FAR, and consistent with the Bellingham comprehensive plan and old town subarea plan.

E. Yards. There shall be no minimum yards.

F. Design Standards. Design review applies as outlined in Chapter 20.25 BMC. The following design standards are intended to carry out the goals and policies of the old town subarea plan, and shall be used in addition to the urban village design guidelines, standards, decision criteria, and departure provisions in BMC 20.25.020(C)(3). Should the provisions of this section conflict with any other provision in BMC 20.25.020(C)(3), the provisions of this section shall apply.

1. Commercial Street Frontage Required.

a. Intent. Along Holly Street, Bay Street, Prospect Street and Commercial Street, street front uses should be compatible with intensive commercial activity and provide opportunities for visual or interactive links between businesses and pedestrians.

b. Standards. Along Holly Street, Bay Street, Prospect Street and Commercial Street, ground floor commercial space (including retail, services, or similar nonresidential uses) shall be provided along the building front for a depth of at least 20 feet measured from the front face of the building. Hotel and residential lobbies and parking garage entries are exempt from this provision. Hotel/motel guest rooms, dwelling units and structured parking shall not occupy street level building frontage where ground floor commercial space is required.

2. Street and View Corridor Encroachments.

a. Intent. Maintain identified view corridors of significance.

b. Standard. In order to maintain view corridors, above grade building encroachment into the street right-of-way and identified view corridors is prohibited except for eaves, cornices, awnings on the first floor, decks and balconies with see-through railings, and similar features.

3. Open Spaces and Public Places.

a. Intent. Buildings adjacent to public and open spaces such as public parks, plazas, trails and Whatcom Creek shall be oriented to promote activity and interaction along such spaces, and provide visual interest to buildings along the spaces so as to avoid the back-of-building effect.

b. Standards. Locate some ground level features such as entries, windows, decks, patios or similar features on buildings that interface with open spaces and public places.

G. Street Improvement Requirements.

1. New construction projects shall be required to improve abutting streets to three-fourths standard for the full length of the block face. Developer reimbursement for nonadjacent improvements may be applicable under BMC Title 14.

2. Street standards shall be generally consistent with the old town subarea plan streetscape designs. Minor modifications may be approved by the planning director. [Ord. 2023-07-020 § 2; Ord. 2023-01-001 § 4 (Att. 3); Ord. 2008-03-022].