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Article V. Waterfront District Urban Village
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A. The regulations specified in this article shall apply to the use of all public and private land within the waterfront district. Additional development regulations and restrictions apply as outlined in the development agreement adopted by Resolution No. 2019-33.

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

C. Nonconformity. 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, a complete building permit application for repair and reconstruction is submitted within 12 months of occurrence of the damage or destruction. The planning director may extend the 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 article.

D. Amendment.

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., commercial mixed-use to industrial mixed-use).

b. Any boundary change between unlike land use classifications (i.e., between commercial mixed-use and industrial mixed-use).

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 uses, such as commercial mixed-use and industrial mixed-use.

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 20.37.400 through 20.37.480 shall be considered through the development regulation amendment procedure in Chapter 20.22 BMC. [Ord. 2019-12-040 § 10; Ord. 2013-12-090 § 10 (Exh. F)].