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A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the Samish Way urban village except as follows:

Development in residential transition areas shall comply with Chapter 20.28 BMC, Infill Housing, Chapter 20.30 BMC, Residential Single Development, or Chapter 20.32 BMC, Residential Multi Development, for corresponding development unless specified otherwise herein.

Table 20.37.130(A) Standard Development Regulations

Development Standards

Area

Commercial Core

Commercial Approach

Commercial Transition 1

Commercial Transition 2

Residential Transition Areas

Chapter 20.28 BMC, Infill Housing

Chapter 20.30 BMC, Residential Single Development

Chapter 20.32 BMC, Residential Multi Development

Minimum Lot Size

None

None

None

None

(1)

5,000 SF

5,000 SF

Maximum Density

None

None

None

None

1,000 SF per unit

5,000 SF per unit

2,000 SF per unit

Setbacks from Property Lines

None (4)

None (4)

None (4)

None (4)

(1)

(2)

(3)

Maximum Height

75 feet (5)

75 feet (5)

45 feet (5)

55 feet (5)(6)

(1)

(2)

(3)

Maximum Floor Area Ratio (FAR)

2.5, up to 4.5 (6)

2.5, up to 4.5 (6)

2.5, up to 3.5 (6)

2.5, up to 3.5 (6)

(1)

N/A

N/A

Notes:

1Subject to Chapter 20.28 BMC, Infill Housing, and BMC 20.37.130(C) and(D).

2Subject to Chapter 20.30 BMC, Residential Single Development, and BMC 20.37.130(C) and (D).

3Subject to Chapter 20.32 BMC, Residential Multi Development, and BMC 20.37.130(C) and (D).

4See subsections (C)(2) and (3) of this section for applicable setbacks when adjacent to residential zones or areas.

5Height is measured per BMC 20.08.020, height definition No. 1. A building may be divided into modules and stepped with height measured on a per module basis in response to topography on sloping property. Height may be increased by three feet in order to accommodate a taller ground floor commercial street frontage or increased roofline modulation.

6See subsection (B)(2) of this section for FAR standards and bonus criteria.

B. Floor Area Ratio (FAR).

1. Purpose. The maximum floor area ratio (FAR) standards are intended to accomplish several purposes of the Samish Way subarea plan. Combined with the established height limits herein, the FAR allows for 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. Base and maximum FARs for each commercial area are shown on Table 20.37.130-A. Floor area transfer and bonuses summarized in Table 20.37.130-B provide the opportunity to increase the base FAR on individual building sites to the maximum FAR on Table 20.37.130-A.

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.

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 Samish Way subarea plan.

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

Table 20.37.130(B) Summary of Floor Area Ratio Bonus Options

Bonus Option

Floor Area Bonus

Public Plazas and Open Spaces

Dedicate 1 SF; receive 2.5 SF

Affordable Housing

Provide 1 SF; receive 4 SF

Minimum LEED Gold Certification (or Equivalent)

1.0 FAR bonus

Lake Whatcom Watershed Property Acquisition Program

Receive one SF for each fee unit paid (see fee schedule)

Property dedicated for public right-of-way

Dedicate 1 SF; receive 2.5 SF

b. Bonus Options.

i. Public Plazas and Open Spaces. Floor area may be transferred to and from any property within the Samish Way urban village when approved by the planning director, provided:

(A) The transferred floor area will result in dedication of a public plaza or open space with a minimum square footage of 16,000 square feet;

(B) For each square foot dedicated, two and one-half square feet of bonus floor area is earned up to a maximum of 1.0 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. Development which includes housing for low and middle income residents may receive bonus floor area when approved by the planning director. For each square foot of affordable housing, four square feet of bonus floor area is earned, up to a maximum of 1.0 FAR. The project must have controls in place to ensure that the units remain permanently affordable in accordance with subsections (B)(4)(b)(ii)(A) and (B) of this section:

(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 (B)(4)(b)(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 in Energy and Environmental DesignTM (LEED) Certification (or Equivalent). Buildings that incorporate sustainable design receive a maximum 1.0 FAR bonus. To qualify for this bonus, the proposed project shall be certified by the planning director as a minimum LEED Gold certification (or equivalent).

iv. Lake Whatcom Watershed Property Acquisition Program (LWWPAP). 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. Property Dedicated for Public Right-of-Way. Properties that dedicate property for right-of-way purposes may use the pre-dedication square footage of the property for purposes of calculating base and bonus FAR. Properties that dedicate property for right-of-way purposes within the block bound by 34th and Abbott Streets, Consolidation Avenue and N. Samish as shown in Figure 20.37.140 may receive a floor area bonus when approved by the planning director, as follows:

(A) Land area dedicated and floor area earned is at a 1:2.5 ratio. For every square foot dedicated, two and one-half square feet of floor area is earned on the development site.

(B) The applicant must submit with the application for land use review a letter from a civil engineer documenting the land area to be dedicated for right-of-way.

C. Design Standards. Design review applies as outlined in Chapter 20.25 BMC and this subsection. The following design standards are intended to carry out the goals and policies of the Samish Way subarea plan, and shall be used in addition to the urban village design guidelines, standards, decision criteria, and departure provisions outlined 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.

a. Intent. Along Samish Way, between and including the Abbott Street and Otis Street intersections, 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 Samish Way, between and including the Abbott Street and Otis Street intersections, ground floor commercial space (including retail, services, or similar nonresidential uses) shall be provided along the building street front as shown in Figure 20.37.110 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. Yards.

a. Intent. Provide appropriate transitions between commercial and residential areas.

b. Standard. A building shall be set back a minimum of 15 feet from a property line abutting or across an alley from a residential single zone or a residential transition area. (See Figure 20.37.130.)

3. Height.

a. Intent. The scale of those portions of a building facing an existing developed neighborhood should conform to the scale established in the neighborhood or the scale identified for the district.

b. Standard. The maximum height within 30 feet of a property line abutting a residential single zone or a residential transition area shall be two stories and 30 feet. (See Figure 20.37.130.)

Figure 20.37.130 Massing and Articulation

4. Detached Single-Family Residential Development in Residential Transition Area 2. The following design standards and guidelines apply to single-family development using Chapter 20.30 BMC in Residential Transition Area 2.

a. Design Standards.

i. Garages shall be set back at least four feet from the front face of the building.

ii. Each dwelling shall have a covered front porch with an area of 60 square feet or more, with no dimension less than five feet.

iii. Dwelling units that front the public street or lane shall have entrances facing the public street or lane.

iv. All fences in the front and side street setbacks are limited to 42 inches in height and may be no more than 60 percent opaque. Chain link or cyclone fencing is not allowed in the front or side street setback.

b. Design Guidelines. Use context-sensitive site design and building details to help ensure that new infill development will enhance the neighborhood and respect the scale and character of the existing houses on a street.

i. Building Design.

(A) Single story massing elements should be emphasized on the front facades, using porches and bays seen from the street.

(B) Gable roofs emphasize vertical proportions, create modulation and are strongly encouraged.

(C) The massing should be varied with elements such as bays, dormers, etc.

(D) A change of materials, colors or textures on different elements is encouraged to provide further articulation and additional variety and character.

(E) Homes should minimize the impact of the garage on the streetscape by minimizing blank garage doors, through the use of windows and/or architectural detail on the garage door.

ii. Site Design.

(A) Front yard parking aprons are not allowed.

(B) Back yards should be designed for privacy from neighbors.

(C) Fencing, especially when seen from the street, should be designed to integrate into the architecture of the building and add visual interest in its detail, materials or color.

D. 34th Street Access Restriction. Vehicular access from the commercial transition zone to 34th Street and Edwards Street is prohibited, except for emergency vehicles. [Ord. 2023-01-001 § 3 (Att. 3); Ord. 2019-12-038 § 2 (Exh. B); Ord. 2019-02-006 § 1; Ord. 2015-01-001 § 1; Ord. 2009-11-069].