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Article IV.  Fairhaven Urban Village
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20.37.300 Fairhaven urban village – Applicability.
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A. Regulations specified within BMC 20.37.300 through 20.37.370 shall apply to the use of land within the Fairhaven urban village.

B. Should the provisions of these sections conflict with any other provision of the Bellingham Municipal Code, except the critical areas ordinance, shoreline master program, stormwater regulations or Chapter 20.28 BMC, Infill Housing, the provisions of these sections shall apply.

C. Nonconformity. Existing uses and structures that are nonconforming as to the use of development regulations of this ordinance and that were lawfully established prior to the adoption of the Fairhaven neighborhood and urban village plan and development regulations (August 28, 2012) shall be deemed conforming and not in violation of this ordinance. Nonconforming uses and buildings that are damaged or destroyed by sudden accidental cause may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that a complete building permit application for repair and reconstruction is submitted within 12 months of the occurrence of the damage or destruction. The planning and community development director may extend the application deadline upon finding that the applicant is experiencing undue hardship from unforeseen circumstances in meeting the deadline. New construction, other than routine maintenance on existing structures or reconstruction due to accidental causes, shall comply with the requirements of this ordinance.

D. Amendments.

1. The following amendments shall follow the annual comprehensive plan amendment process outlined in Chapter 20.20 BMC:

a. Any change within a land use area from one land use classification to another (i.e., residential transition to commercial core).

b. Any boundary change between unlike land use classifications (i.e., between residential transition and commercial core).

c. Creation of a new land use area with a new land use classification.

2. The following shall be considered through the rezone procedure in Chapter 20.19 BMC:

a. Changes in the boundaries between like land use areas such as between two residential transition areas.

b. Changes in the zoning of an “area” or portion thereof.

c. Changes in permitted uses and/or density rules shall be considered a rezone, regardless of the land use area in which they appear.

3. All other amendments to BMC 20.37.300 through 20.37.370 shall be considered through the development regulation amendment procedure in Chapter 20.22 BMC. [Ord. 2012-08-041 § 13 (Exh. G)].

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