20.37.320 Fairhaven urban village – Uses

1. If the symbol “P” appears in the box at the intersection of the column and row, the use is permitted subject to general requirements for the use and the use area.

2. If the symbol “C” appears in the box at the intersection of the column and the row, the use is permitted subject to the conditional use provisions specified in Chapter 20.16 BMC, and to general requirements for the use and the use area.

3. If the symbol “N” appears in the box at the intersection of the column and the row, the use is not allowed in that area, except for certain short-term uses (see BMC 20.10.040, Temporary uses).

4. If a (number) appears in the box at the intersection of the column and the row, the use may be permitted in the use area subject to the special limitations indicated in the corresponding “note” at the end of the table.

5. Use Determination. In the case of a question as to the inclusion or exclusion of a particular proposed use in a particular use category, the planning and community development director shall have the authority to make the final determination. The director shall make the determination according to the characteristics of the operation of the proposed use as they relate to similar allowed uses within the use area.

Table 20.37.320 – Permitted Uses		P = Permitted		(#) = See Notes		C = Conditional Use			N = Not allowed
LAND USE CLASSIFICATION		AREA
LAND USE CLASSIFICATION		CC(2)	RT-1 and RT-2	RT-3	RT-4	I-1(1)	I-2(1)	I-3(1)	P-1 and P-3	P-2
A. Residential
1.	Attached Accessory Dwelling Unit per BMC 20.10.036	P	P	P	P	N	N	N	N	N
2.	Detached Accessory Dwelling Unit per BMC 20.10.036	P	P	P	P	N	N	N	N	N
3.	Short-Term Rentals, per BMC 20.10.037	P	P	P	P	N	N	N	N	N
4.	Boarding and Rooming Houses	P	C	N	C	N	N	N	N	N
5.	Co-Housing Developments, per BMC 20.10.048	P	P	P	P	N	N	N	N	N
6.	Confidential Shelters per BMC 20.10.047	P	P	P	P	N	N	N	N	N
7.	Duplex	P	P	N	P	N	N	N	N	N
8.	Hotel, Motel, and Hostel	P	N	N	N	N	N	P(3)	N	N
9.	Infill Housing per Chapter 20.28 BMC	P	P	N	P	N	N	N	N	N
10.	Manufactured Home Park	N	N	N	N	N	N	N	N	N
11.	Multifamily	P	P	N	P	N	N	N	N	N
12.	Night Watchman or Caretaker Quarters	P	N	N	N	P	P	P	P	P
13.	Single-Family, Detached Dwelling Unit with less than 5,500 square feet of total floor area	P	P	P	P	N	N	N	N	N
14.	Single-Family Residence with 5,500 square feet or more total floor area, subject to BMC 20.16.020(M)(4)	C	C	C	C	N	N	N	N	N
15.	Certain interim housing, per Chapter 20.15A BMC	P, C	P, C	P, C	P, C	P, C	P, C	P, C	P, C	P, C
B. Commercial
1.	Adult Entertainment	N	N	N	N	N	N	N	N	N
2.	Commercial Recreation	P	N	N	N	N	N	P(1)	N	N
3.	Crematory	N	N	N	N	N	N	C(1)	N	N
4.	Day Care	P	C	C	P	N	N	N	N	N
5.	Day Treatment Center	C	C	C	C	C(1)	C(1)	C(1)	P(4)	P(4)
6.	Drinking Establishment	P(5)	N	N	C(5)	P(1)(5)	P(1)(5)	P(1)(5)	N	N
7.	Drive-Up/Drive-Through Facility including not visible from the right-of-way	N	N	N	N	N	N	N	N	N
8.	Eating Establishment	P	C	N	P	P(1)	P(1)	P(1)	P(4)	P(4)
9.	Live/Work Unit	P(6)	N	N	P(6)	N	N	N	N	N
10.	Motor Vehicles Sales, limited to automobiles, motorcycles, scooters and recreational vehicles	P(7)	N	N	N	N	N	N	N	N
11.	Nightclub	P(5)	N	N	N	N	N	P(1)(5)	N	N
12.	Office including child placement agency, post office, and tourism center	P	N	N	P	N	N	P(1) (8)	N	N
13.	Repair of Small Equipment and items such as appliances, electronics, clocks, furniture, hand tools, and watches	P	N	N	N	N	P(1)	P(1)	N	N
14.	Retail Sales, except as restricted in subsection (B)(10) of this table	P	N	N	N	N	N	P(1)	N	N
15.	Services, Personal	P	N	N	P	N	N	P(1)	N	N
16.	Service Station and Gas Station	P(9)	N	N	N	N	N	N	N	N
17.	Water-Related and Dependent Uses, including but not limited to: boat house, boat ramp, boat rental and sales, boat storage, float plane facility, marina, recreation, transient moorage, water-based transportation, web house, and offices and retail supporting the same.	N	N	N	N	P(1)	P(1)	P(1)	N	N
C. Health Care
1.	Doctor, Dentist, Medical, and Therapy Office and/or Laboratory	P	N	N	P	N	N	P(1)	N	N
2.	Medical Care Facility	P	N	N	C	N	N	N	N	N
3.	Service Care	C	C	N	C	N	N	N	N	P(4)
4.	Veterinary Service, Animal Hospital and Small Animal Care Shop	P(7)	N	N	P(7)	N	N	P(1)(7)	N	N
D. Public and Semi-Public Assembly
1.	Aquarium, Interpretive Center, Library, and Museum	P	N	N	N	P(1)	P(1)	N	P(4)	P(4)
2.	Art Gallery, Art School, and Commercial Art Studio	P	C	N	P	N	N	N	P(4)	P(4)
3.	Auditorium, Stadium, and Theater	P(5)	N	N	N	N	N	N	P(4)	P(4)
4.	Church and House of Worship	P	C	C	C	C(1)	C(1)	C(1)	N	N
5.	Community Center	P	C	C	C	C(1)	C(1)	N	P(4)	P(4)
6.	Convention Center	P	N	N	N	N	N	N	N	N
7.	Institution of Higher Education and School	P	C	C	C	N	N	P(1) (10)	N	N
8.	Neighborhood Club/Activity Center	P	C	C	P	N	N	P(1)	P(4)	P(4)
9.	Park, Trail, and Playground	P	P	P	P	P(1)	P(1)	P(1)	P	P
10.	Passenger Terminal	P	N	N	N	P(1)	P(1)	P(1)	P(4)	P(4)
11.	Private Club and Lodge	P	C	C	C	N	N	P(1)	N	N
12.	Public Building and Use	P	C	C	C	P(1)	P(1)	P(1)	P	P
E. Industrial
1.	Automobile Repair	N	N	N	N	N	N	P(1)	N	N
2.	Automobile Wrecking	N	N	N	N	N	N	N	N	N
3.	Commercial Electric Power Generation per BMC 20.36.030(C)	N	N	N	N	C(1)	C(1)	P(1)	N	N
4.	Hazardous Waste Treatment and Storage Facility per BMC 20.16.020(G)(1)	N	N	N	N	N	N	C(1)	N	N
5.	Manufacturing and Assembly	N	N	N	N	P(1)	P(1)	P(1) (11)	N	N
6.	Mini Storage Facility	P	N	N	N	N	N	N	N	N
7.	Monument and Stone Works	N	N	N	N	N	N	C(1)	N	N
8.	Repair of Large Equipment such as vessels, vehicles, and floor-based tools	N	N	N	N	P(1)	P(1)	P(1)	N	N
9.	Warehousing, Wholesaling, and Freight Operation	N	N	N	N	P(1) (12)	P(1) (12)	P(1) (12)	N	N
10.	Water-Related and Dependent Uses, including but not limited to: aquaculture, barge loading facility, boat (ship) building, boat repair, dry dock, net repair, seafood processing, ship cargo terminal, web house, and offices supporting the same	N	N	N	N	P(1)	P(1)	P(1)	N	N
F. Miscellaneous Uses
1.	Adaptive Use for Historic Register Buildings per BMC 17.90.080 and 20.16.020(A)(1)	C	C	C	C	C(1)	C(1)	C(1)	C	C
2.	Community Gardens	P	P	P	P	P(1)	P(1)	P(1)	P	P
3.	Community Public Facilities per BMC 20.16.020(K)(4)	P	C(13)	C(13)	C(13)	P	P	P	P	P
4.	Parking Facility (Nonretail)	P	N	N	N	P(1)	P(1)	P(1)	P(4)	P(4)
5.	Parking Facility (Retail)	P	N	N	N	P(1)	P(1)	P(1)	N	P(4)
6.	Public Utilities on private property	P(5)	C	C	C	P(1)	P(1)	P(1)	P(4)	P(4)
7.	Public Utilities when located within a public right-of-way	P	P	P	P	P(1)	P(1)	P(1)	P	P
8.	Recreational Vehicle Park	N	N	N	N	N	N	N	N	N
9.	Recycling and Refuse Collection and Processing Center, subject to additional standards per BMC 20.16.020(L)(2).	C	N	N	N	N	P, C(15)	P, C(15)	P, C(4)(15)	P, C(4)(15)
10.	Wireless Communications Facility per Chapter 20.13 BMC	P, C	P, C	P, C	P, C	P, C	P, C	P ,C	(14)	(14)
11.	Certain temporary homeless shelters, per Chapter 20.15 BMC	P	P	P	P	P	P	P	P	P
NOTES:
(1)	Specific uses may be restricted per the shoreline master program.
(2)	Ground floor commercial uses are required in certain locations as shown in the urban village design guidelines contained in BMC 20.25.020(C)(3).
(3)	Permitted only when located south of Harris Avenue.
(4)	These uses, when established by a private (not public) entity, require a conditional use permit.
(5)	Regulated by BMC 10.24.120.
(6)	The “work” component in live/work is limited to those permitted and conditional uses listed under the applicable zoning subarea in Table 20.37.320.
(7)	When entirely enclosed within a structure.
(8)	Including construction businesses (such as construction offices and storage yards).
(9)	May only be located on those properties where they currently exist south of Larrabee Avenue as of August 28, 2012.
(10)	Institutions of higher education and art schools are permitted. All other schools are conditional, per Chapter 20.16 BMC.
(11)	The manufacture, compounding, processing, refining, and treatment of significant quantities of the following materials, products or operations is prohibited. For the purpose of this section, “significant quantities” consist of a barrel or more at a single time. Acetylene, distillation of alcohol, asphalt and tar, brick, tile, terra cotta, concrete, cement, lime, gypsum, and plaster of Paris, fats, oils and soap, fertilizer, garbage, offal, bones, and the reduction of dead animals, forging or smeltering of metal, lampblack, stove and shoe polish, lumber and planing mills, oilcloth and linoleum, paint, shellac, turpentine, lacquer and varnish, paper and pulp, petroleum processing and storage, any explosive or highly inflammable material, slaughtering and processing of meat or fish products, tannery and curing of raw hides, chemicals such as acid, ammonia, bleach, chlorine, dye stuff, glue, gelatin and size, automotive wrecking, or junk yards.
(12)	Excluding the storage and handling of explosives, ammonia, chlorine, and any other similarly dangerous or toxic substances.
(13)	Conditional except for those uses permitted in subsection (D)(9) of this table.
(14)	Wireless communication facilities may only be allowed as an accessory use or conditional use under the provisions of Chapter 20.13 BMC pertaining to the location of these facilities in public zones.
(15)	Conditional for facilities that collect recycling or refuse from outside the district.