20.37.430 Waterfront district urban village – Development regulations

20.37.430 Waterfront district urban village – Development regulations.

A. Applicability. The regulations of this section shall apply to the development of any principal and/or accessory use within any area in the waterfront district urban village.

B. Repealed by Ord. 2023-01-001.

C. Subdivision. Except where the provisions of this section conflict with any other provisions, the subdivision of land within the district shall comply with Chapter 58.17 RCW and BMC Title 23, as applicable.

1. There shall be no minimum lot width, depth or street frontage requirements for lots created for the purposes of residential, commercial, mixed-use, industrial, or institutional uses.

2. Land divided through the binding site plan shall comply with Chapter 23.24 BMC, except as modified herein.

a. Land divided through the binding site plan may include residential uses provided such division of land is compliant with RCW 58.17.035.

b. A separate general binding site plan contract is not required. The waterfront subarea plan and this section shall be considered the contract.

c. All lots must abut appropriate utilities located in either right-of-way or adequate easements.

D. Minimum Lot Size. None.

E. Maximum Density. Building floor area ratios shall be consistent with subsection (H) of this section.

1. There shall be no minimum yards or building setbacks in the commercial mixed-use subzone.

2. The location and screening of buildings and uses in the industrial mixed-use subzone shall comply with BMC 20.37.470, Waterfront district urban village – Landscaping.

1. Maximum building heights within the waterfront district are shown on Figure 20.37.430-A except as provided herein.

2. Height is measured per height definition No. 1. Exceptions:

a. Waterfront topography will be raised during construction in conformance with requirements of the waterfront district planned action ordinance (Chapter 16.30 BMC, Exhibit A) to account for sea level rise and installation of public infrastructure. Existing grade shall be that which is established with such fill activities when height is not measured from an abutting city sidewalk.

b. A building may be divided into modules and stepped with height measured on a per module basis to respond to topography on sloped property.

3. Solar and wind power generating facilities may be permitted to exceed maximum building height limits, provided they are not located within view corridors.

a. View corridors within the waterfront district are shown on Figure 20.37.430-A.

Figure 20.37.430-A Waterfront District Urban Village Height Limits

b. Building height within view corridors is limited to 35 feet with the exception of the Maple Street view corridor which is limited to 65 feet upland from the tile tanks, and 35 feet waterward from the tile tanks. Where view corridors fall within public rights-of-way, including the Bay Street extension over the proposed parking garage, the view corridor extends to the edge of the right-of-way. View corridors which do not fall within public rights-of-way extend 30 feet on either side of the centerline of the designated view corridor.

c. Height within view corridors is measured to the highest point of the 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, other than eaves, cornices, awnings, decks with see-through railings and other similar features not exceeding four feet tall.

d. Exempt Structures. Structures of iconic art and historic waterfront structures that may be preserved and/or moved are exempt from view corridor height limits.

5. Properties within the jurisdiction of the shoreline master program are also regulated by the height limits as defined in the shoreline master program. Where conflicts arise, the more restrictive height applies.

6. Building height is further defined by building step backs, tall building floor plate restrictions and tower location standards as specified in the applicable design standards in subsection (J)(2) of this section.

1. Purpose. The maximum floor area ratio (FAR) standards are intended to allow for modulation in individual buildings and flexibility in how to mass buildings on the site. Floor area ratios, combined with the density bonuses, height limits, view corridors and design standards are intended to implement the waterfront district subarea plan.

a. Base and maximum FAR for each subzone are illustrated on Figure 20.37.430-B. Industrial mixed-use land use areas are exempt from FAR.

b. Floor area transfer and bonuses outlined in Table 20.37.430-A provide the opportunity to increase FAR on individual building sites in the commercial mixed-use areas by a maximum of 2.0 FAR to the maximum FAR shown on Figure 20.37.430-B.

3. Transfer of Floor Area. FAR may be transferred between properties that are part of a single development plan, 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 summarized in Table 20.37.430-A and fully described in subsection (H)(4)(c) of this section are offered as incentives to encourage facilities and amenities that implement the waterfront district subarea plan.

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

Figure 20.37.430-B Waterfront District Urban Village Floor Area Ratios

Table 20.37.430-A Summary of Floor Area Ratio Bonus Options
Bonus Option	Floor Area Bonus
Minimum LEED Platinum or Living Building Certification (or equivalent)	2.0 FAR bonus
Public Plazas and Open Spaces	Provide 1 square foot of public open space; receive 2.5 square feet of building space.
Affordable Housing	Provide 1 square foot; receive 4 square feet bonus
Minimum LEED Gold Certification (or equivalent)	1.0 FAR bonus
Minimum LEED Silver Certification (or equivalent)	0.5 FAR bonus
Lake Whatcom Watershed Property Acquisition Program	Receive 1 SF for each fee unit paid (see Lake Whatcom watershed acquisition fee schedule)

b. The maximum FAR increase that may be earned through the bonus options shall not exceed the maximum allowed FAR illustrated on Figure 20.37.430-B.

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

(A) The transferred floor area will result in the provision of a public plaza or open space to remain open to the public in accordance with park hours established in BMC 8.04.040.

(B) For each square foot of base FAR allowed by the development code transferred from an eligible site, two and one-half square feet of bonus floor area are earned on the receiving site(s) up to a maximum of 1.0 FAR per receiving site.

(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 affordable owner-occupied housing or affordable renter-occupied housing which is ensured affordable for a period of not less than 50 years, or for a lesser period established in an adopted state or federal affordable housing finance and monitoring program, and documented through deed restriction and/or covenant, and where such units’ affordability is ensured through enforcement and monitoring by a public agency.

(A) For each square foot of affordable housing, four square feet of bonus floor area are earned, up to a maximum of 0.5 FAR.

(B) “Affordable owner-occupied housing” means housing units sold at a price affordable to households earning no more than 100 percent of Bellingham’s median household income as published annually by the U.S. Department of Housing and Urban Development (“HUD”).

(C) “Affordable renter-occupied housing” means housing units rented to households earning no more than 80 percent of Bellingham’s household income as published annually by HUD.

iii. Leadership in Energy and Environmental Design (LEED) Certification or Living Building (or Equivalent). Buildings that incorporate sustainable design may receive a graduated (0.5 to 2.0) FAR bonus. To qualify for this bonus, the proposed project shall be certified by the planning director as a minimum LEED silver, gold, platinum or living building challenge 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.

1. Applicability. New development shall comply with the requirements of this section and Urban Village Design Guidelines, Appendix A7 – Waterfront District Urban Village.

2. Compliance. Compliance with this section shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 30 decibels. The requirements of this section shall apply to the design of the exterior envelope of all buildings in the waterfront district area designed for residential occupancy.

a. Exterior walls shall have a laboratory sound transmission class rating of at least STC-35.

Exception: Insulated walls that are constructed in accordance with the Washington State Energy Code and that have interior and exterior sheathing of not less than five-eighths-inch thick, or walls built in accordance with the following, shall be considered to meet the STC-35 requirements:

i. Masonry and concrete walls having a weight of at least 40 pounds per square foot. These walls are not required to be furred out on the interior of the wall if at least one surface of the concrete block wall is plastered.

ii. Stud walls at least four inches in nominal depth shall be considered to meet the above requirements if built as defined below and to ASTM E497, Standard Practice for Installing Sound-Isolating Lightweight Partitions.

(A) The interior surface of the exterior walls shall be covered with gypsum board or plaster at least one-half-inch thick. If the exterior of the wall is stucco or brick veneer, the interior gypsum board or plaster may be fastened rigidly to the studs. If the exterior is of any other siding, the interior gypsum board or plaster shall be fastened resiliently to the studs.

(B) Insulation material at least R-19 or of a higher insulating value when required by the Washington State Energy Code shall be installed continuously throughout the cavity space, installed as specified in the Washington State Energy Code.

(C) The outside of the wall shall be covered with a continuous layer of composition board, plywood, gypsum board, or a combination of these materials that is not less than three-quarters-inch thick.

(D) Outside sheathing panels shall be covered with a layer of building paper, or equivalent, installed in accordance with the Washington State Building Code Act (Chapter 19.27 RCW).

(E) Siding shall be installed over the building paper.

a. Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC-33.

Exception: Windows meeting the criteria listed below shall be considered to meet the STC-33 requirement:

i. A window that is double-glazed with the glass at least one-eighth-inch thick with not less than a one-half-inch air space between the glass panels.

b. All windows shall be installed to meet the following requirements:

i. The glass shall be sealed into the frame in an airtight manner with a nonhardening sealant or a soft elastomer gasket, or gasket tape.

ii. They shall be weather-stripped to conform to an air infiltration test not to exceed one-half cubic foot per minute per foot of crack length, in accordance with ASTM E-283-65-T.

iii. The perimeter of the window frames shall be sealed to the exterior wall construction in accordance with the Washington State Energy Code.

a. Doors other than as described in this section shall have a laboratory sound transmission class rating of at least STC-33.

Exception: Doors meeting the following criteria shall be considered as meeting the STC-33 rating:

i. Double-door construction, where a minimum space between the double doors shall be not less than three inches, is required.

ii. At side-hinged doors, at least one of the doors shall be a solid-core wood, or insulated hollow metal, that is not less than one-and-three-quarters-inch thick at its thinnest point. The second door may be a storm door. Both doors shall meet all requirements of this section.

iii. Glass installed in a solid-core wood door, that has a total area of more than two square feet, shall be not less than three-sixteenths-inch thick.

iv. All glass and glazing shall be sealed in an airtight manner with a nonhardening sealant or in a soft elastomer gasket or glazing tape.

v. Exterior sliding glass doors shall be weather-stripped with an efficient airtight gasket system.

vi. The double sliding glass doors shall be double-glazed with a separation between glass panels of not less than one-half inch. The glass used in the double-glazed glass panels shall be of unequal thickness.

b. All doors shall be installed to meet the following requirements:

i. They shall be weather-stripped to conform to an air infiltration test not to exceed one-half cubic foot per minute per foot of crack length, in accordance with ASTM E-283-65-T.

ii. The perimeter of the doorframes shall be sealed to the exterior wall construction in accordance with the Washington State Energy Code.

a. Combined roof and ceiling construction other than described in this section shall have a laboratory sound transmission class rating of at least STC-44.

Exception: Roof-ceiling assemblies that are constructed in accordance with the Washington State Energy Code, and the following criteria, shall be considered to meet the STC-44 requirement:

i. The roof deck shall be sheathed with not less than three-quarters-inch composition board, plywood or gypsum board sheathing, topped by roofing.

ii. Ceiling insulation shall be not less than R-19, and not less than the minimum requirement of the Washington State Energy Code. The insulation shall be installed with not less than six inches average air space between the insulation and the roof deck.

iii. Gypsum board or plaster ceilings shall be not less than five-eighths-inch thick.

iv. The ceiling shall be substantially airtight with a minimum of penetrations. Lighting fixtures penetrating the ceiling assembly shall be in accordance with the requirements in the Washington State Energy Code. Other types of penetrations shall be treated in a similar manner to the requirements in the Washington State Energy Code.

J. Design Standards. Design review applies as outlined in Chapter 20.25 BMC and this subsection.

1. Purpose. This section is intended to implement the waterfront district subarea plan by:

a. Creating a safe, vibrant mixed-use urban district which is welcoming to businesses, residents and visitors.

b. Promoting diverse pedestrian and transit-oriented development at street level.

c. Optimizing public access and views to and from the waterfront.

d. Encouraging a variety of interesting design styles, features and amenities.

e. Promoting sustainable design and development practices consistent with the LEED for neighborhood development program.

2. The following design standards 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.

Site Design.

i. Intent. Reinforce pedestrian activity, orientation to ground floor activities and enhance the liveliness of the street and public spaces through building location and design.

ii. Standard. Commercial buildings facing public streets or trails in commercial mixed-use areas shall have entrances from the street or trail every 75 feet, on average.

i. Intent. Ensure that surface parking lots are not a dominant element within the waterfront district and minimize the impact of surface parking on the pedestrian environment.

ii. Standard. Parking shall be located to the rear or side of buildings. Surface parking lots shall not be located at intersections nor include more than 120 feet of street frontage along any arterial street. Access should be from a local street or alley where feasible.

iii. Standard. Long-term off-street surface parking lots shall not be located adjacent to Granary Avenue or W. Laurel Street. Interim surface parking lots may be permitted along Granary Avenue and W. Laurel Street for up to 10 years on parcels intended for redevelopment.

i. Intent. Create a network of safe, convenient and attractive off-street linkages for pedestrians.

ii. Standard. When a development encompasses a site greater than 240 feet wide or deep, incorporate pedestrian access through the site to connect to alleys, streets or neighboring properties. (See Figure 20.37.430(C).)

Figure 20.37.430(C) Pedestrian Connectivity

Building Design.

i. Intent. Establish a building scale consistent with a highly urban downtown context.

(A) Minimum building height within 15 feet of the street frontage of arterial streets in the commercial mixed-use subzone is 25 feet.

(B) Buildings within the commercial mixed-use subzone should have at least three stories of occupied space in some portion of the building. This standard does not apply to buildings located within parks, view corridors or shoreline jurisdiction.

i. Intent. Reduce the apparent mass of large buildings to provide visual interest and pedestrian scale.

(A) Buildings over seven stories in height shall incorporate at least one setback above the third floor but below the eighth floor (see Figure 20.37.430(D)) and shall incorporate features that create a visually distinct roof form. The following are examples of such features:

(1) Terraced setbacks.

(2) Pitched or curved roof elements.

(3) Projecting cornice elements.

(4) Trellises along the parapet.

(5) Geometric forms.

(6) Change of material or color on the top floor.

Figure 20.37.430(D) Massing and Articulation

(B) The street level floor of buildings within commercial mixed-use subzones shall have a minimum floor-to-floor height of 12 feet.

(C) The floor plate for any portion of a building exceeding 100 feet in height is limited to 14,000 square feet. (See Figure 20.37.430(E).)

(D) Any portion of a building exceeding 100 feet must be located at least 100 feet from any portion of an existing or approved building face which exceeds 100 feet. (See Figure 20.37.430(E).)

Figure 20.37.430(E) Floor Plate Standards for Buildings Over 100 Feet Tall

i. Intent. To encourage pedestrian-oriented activity at street level along arterial streets in the downtown waterfront area.

ii. Standard. The front 20 feet of building space at sidewalk level along Granary Avenue and W. Laurel Street shall be designed for commercial or public uses, including retail, service, office, government, or similar nonresidential uses. Lobbies for residential uses, and hotels and parking garage entries are exempt from this provision. If ground-floor commercial uses are not feasible in the short term, this space can be used for noncommercial or public uses but shall be designed for future conversion to commercial or public uses. [Ord. 2023-01-001 § 3 (Att. 3); Ord. 2019-12-040 §§ 14 – 18; Ord. 2018-12-036 § 38; Ord. 2013-12-090 § 10 (Exh. F)].