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Residential development includes subdivisions of large parcels, multifamily housing and condominiums and single-family residences. Under the Shoreline Management Act, owner occupied single-family residences are a preferred use on the shorelines. However, residential uses can cause significant damage to the shoreline area through cumulative impacts resulting from vegetation loss, shoreline armoring, increased amount of impervious surfaces and resulting stormwater runoff, septic system failure, and additional vehicular trips.

A. Policies.

1. Development of residential units should result in no net loss of ecological function.

2. Any residential development along the shoreline should be set back from steep slopes and eroding shoreline areas so that the shoreline is not further eroded nor structural improvements required to protect property.

3. In cases where either large tracts are subdivided into single-family residential parcels or where contiguous individual building sites are developed for single-family residences, common public access areas and one joint-use dock should be developed for the use of residents of the subject subdivision.

4. Design of residential development should include preservation of existing native vegetation to the greatest extent possible.

5. Residential development should be designed to minimize the amount of impervious area and should utilize low impact development techniques to the greatest extent practicable (e.g., permeable pavers, stormwater infiltration and filtration).

6. New multi-unit residential development and the subdivision of land into more than five parcels should incorporate into the overall design planned public access amenities that are specified within the City of Bellingham Park, Recreation and Open Space Plan (2005) whenever feasible.

7. When multifamily residential units are developed in commercial or industrial areas (including town-homes and condominiums) said residential units should not be located on the ground floor.

8. New over-water residences, including floating homes, are not a preferred use and should not be permitted.

B. Regulations.

1. When two or more undeveloped single-family legal building sites are contiguous within shorelines, only a single joint-use dock with a common access easement is permitted for use by those two or more residential units.

2. For new multi-unit residential development, one single joint-use dock shall be allowed for the entire development.

3. In instances where new multifamily residential uses block the view of shoreline areas from a substantial number of citizens, public access shall be provided between the development and the shoreline for the general public.

4. Where multifamily residential development occurs on shorelines as part of a mixed use, public access shall be provided between the development and the shoreline for the general public per the requirements in BMC 22.08.090, Public access.

5. Where residential development occurs on shorelines as part of a mixed-use development, said residential development shall not occur on the ground floor.

6. Where public access has already been provided as part of a prior action between the shoreline and a development or existing building, additional public access is still required but the form and function of that access shall be analyzed, reviewed and approved on a site-by-site basis and per the requirements in BMC 22.08.090, Public access.

7. Upon redevelopment of single-family residences, particularly within the Lake Whatcom watershed, the applicable requirements within Chapters 16.80 and 22.08 BMC shall apply.

8. New bulkheads or other structurally engineered shoreline armoring techniques in conjunction with new residential development shall not be permitted unless otherwise specified in Chapter 22.08 BMC.

9. Over-water residences including floating homes (not including live-aboard vessels such as houseboats, sailboats or yachts within approved port marina facilities) are prohibited regardless of shoreline designation.

10. Live-aboard vessels are prohibited except where allowed in approved port marina facilities.

11. Public access for the general public is not required on private property between development of one single-family residence and the abutting shoreline. [Ord. 2013-02-005 § 2 (Exh. 1)].