22.11.030 Development regulation matrices.
A. Natural.
B. Urban Conservancy.
C. Shoreline Residential.
D. Urban Maritime.
E. Aquatic.
F. Waterfront District.
|
NATURAL – MARINE |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback1 (from buffer edge) |
Buffer (min – max) |
Height |
Pub Acc Req’d2 |
Hab Rest Req’d3 |
|
Marine 1 and 18 – 20 |
15' |
200' |
35' max/>35' = variance |
subject to BMC 22.08.090 |
N |
|
NATURAL – FRESHWATER |
|||||
|
Chuckanut 2 – 3 |
15' |
100 – 250' |
35' max |
subject to BMC 22.08.090 |
N |
|
Whatcom 6 – 7 |
15' |
150 – 250' |
>35' = variance |
" ** |
" |
|
Whatcom 8 |
15' |
100 – 200' |
" |
" ** |
" |
|
Lake Padden 2 – 4 |
15' |
200' |
" |
" ** |
" |
|
Lake Whatcom 1 |
15' |
200' |
" |
" ** |
" |
1Except that landscaping, pervious decks, balconies and stairs/steps, and eaves and/or overhangs may encroach into required setback.
2Except that public access is not required for those reaches that are designated natural and zoned public. (None in natural marine.)
3Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
|
URBAN CONSERVANCY – MARINE |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback (from buffer edge) |
Buffer (min – max) |
Height1 |
Pub Acc Req’d |
Hab Rest Req’d4 |
|
Marine 2 – 32 |
5' |
150' – 200' |
35' max |
Y w/N-W-O |
Y w/N-W-O |
|
5' |
150' – 200' |
35' max |
" |
" |
|
|
Marine 3 w/in city |
5' |
50' – 100' |
3 stories w/bonus |
" |
" |
|
Marine 8 – 9, 14, 16 |
15' |
150' – 200' |
35' max |
" |
" |
|
Marine 10 and 12 |
5' |
100' – 200' |
35' max |
" |
" |
|
Marine 13 |
15' |
200' |
35' max |
" |
" |
|
Marine 15 |
15' |
100' – 150' |
35' max |
" |
" |
|
Marine 173 |
15' |
100' or top bank + 50'** whichever is greater |
35' max |
" |
" |
|
Marine 215 |
0' |
0' |
0' |
Y |
Y |
|
All marine reaches |
15' |
per reach, above |
25' |
||
|
Whatcom 1 north upstream of Holly |
5' |
50' |
3 story w/in 100' 4 story w/in 100' – 200' |
Y w/N-W-O |
Y w/N-W-O |
|
Whatcom 1 south upstream of Holly |
5' |
100' |
" |
Y w/N-W-O |
Y w/N-W-O |
|
Whatcom 1 north btwn Holly/Roeder |
5' |
50 – 75' |
35' max |
Y w/N-W-O |
Y w/N-W-O |
|
Whatcom 1 south btwn Holly/Roeder |
5' |
50 – 75' |
35' max |
Y w/N-W-O |
Y w/N-W-O |
WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit
1For specific regulations on height in the urban conservancy designation please refer to BMC 22.03.030(B)(5)(f) through (j).
2Marine 2 and a portion of 3 is within the county and currently these shorelines have an “urban” designation. Upon annexation into the city these shorelines would have the city’s urban conservancy designation and requirements.
3Marine 17 is already protected via an existing shoreline permit. Minimum and maximum buffers shown reflect the shoreline permit.
4Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
5Marine 21 is the causeway for the BNSF railroad. If for some reason the use of this causeway changes it shall be for a water-enjoyment use. (Trail)
|
URBAN CONSERVANCY – FRESHWATER |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback (from buffer edge) |
Buffer (min – max) |
Height1 |
Pub Acc Req’d |
Hab Rest Req’d3 |
|
Chuckanut 1 and 4 |
15' |
100' – 250' |
35' max |
subject to BMC 22.08.090 |
N |
|
Padden Creek 1 |
15' |
100' – 200' |
35' max |
Y w/N-W-O |
Y w/N-W-O |
|
Whatcom 2 – 5 |
5' |
100' – 200' |
3 story w/in 100' 4 story w/in 100' – 200' |
Y w/N-W-O |
Y w/N-W-O |
|
Squalicum 1 |
5' |
75' – 100' |
3 story w/in 100' 4 story w/in 100' – 200' |
Y w/N-W-O |
Y w/N-W-O |
|
Squal 2 – 5 and 9 – 11 |
15' |
100' – 200' |
"2 |
Y w/N-W-O |
Y w/N-W-O |
|
Squal 6 west 1/2 |
15' |
100' – 200' |
" |
" ** |
" |
|
Squal 6 east 1/2 |
15' |
150' – 250' |
" |
" ** |
" |
|
Squal 7 |
15' |
150' – 250' |
" |
" ** |
" |
|
Squal 8 |
15' |
100' – 200' |
" |
" ** |
" |
|
Lake Whatcom 4 |
5' |
200' |
35' max |
N |
N |
|
Lake Whatcom 5 |
5' |
100' – 200' |
" |
Y w/N-W-O |
Y w/N-W-O |
|
Lake Padden 1 and 3 |
15' |
200' |
" |
N |
N |
|
All UC freshwater |
per reach, above |
per reach, above |
25' |
subject to BMC 22.08.090 |
subject to BMC 22.08.100 |
WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit
1For specific regulations on height in the urban conservancy designation please refer to BMC 22.03.030(B)(5)(f) through (j).
2Those portions of Squalicum Reaches 2 and 3 that are within single-family zoning are limited to 35 feet in height – otherwise: height is limited to three stories and bonus story is available if all parking for subject N-W-O use is within the building footprint or within a shared parking facility and as stated in BMC 22.03.030(B)(5)(i).
3Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
|
SHORELINE RESIDENTIAL |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback (from buffer edge) |
Buffer (min – max) |
Height |
Pub Acc Req’d |
Hab Rest Req’d2 |
|
Lk Whatcom 2 – 3 and 6 – 71 |
5' |
100' |
35' max |
only if creating 4+ SFR lots |
|
|
All Shoreline Res designations |
5' |
per reach, above |
per reach, above |
only if creating 4+ SFR lots |
|
CUP: shoreline conditional use permit
1The portion of Lake Whatcom 6 and all of Lake Whatcom 7 are currently within the county and are also designated shoreline residential. Upon annexation into the city, these shorelines would have the city’s shoreline residential designation and requirements.
|
URBAN MARITIME – WATER-ORIENTED ONLY |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback (from buffer edge) |
Buffer (min – max) |
Height2 |
Pub Acc Req’d |
Hab Rest Req’d1 |
|
Marine 4 – portion and Marine 11 water-oriented |
0' |
0' |
60' |
subject to BMC 22.08.090 |
N |
|
Over-water structures as permitted in BMC 22.03.030(D)(4) (Use Table) |
0' |
0' |
25' as measured from the elevation of the OHWM |
subject to BMC 22.08.090 |
N |
WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit
1Mitigation sequencing is required per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
2Except existing buildings may be modified provided their current maximum height is not exceeded.
|
URBAN MARITIME – SHORELINE MIXED USE |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback (from buffer edge) |
Buffer (min – max) |
Height |
Pub Acc Req’d |
Hab Rest Req’d1 |
|
Marine 4 – portion W-O and N-W-O including residential |
0' |
45' |
35' max >35' <=50' w/view analysis >50' = variance |
subject to BMC 22.08.090 |
yes per apprv’d plan or min of 3 objectives from rest plan and consistent with BMC 22.09.100 |
|
W-R and Public W-E in or over water |
0' |
0' |
25' as measured from the elevation of the OHWM |
subject to BMC 22.08.090 |
N |
1Mitigation sequencing is still required per BMC 22.08.100 and a subsequent analysis can include or result in required restoration.
|
URBAN MARITIME – RECREATIONAL USE |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback (from buffer edge) |
Buffer (min – max) |
Height |
Pub Acc Req’d |
Hab Rest Req’d1 |
|
Marine 11 – portion |
0' |
45' |
<35' outright >35' <50' w/view analysis >50' = variance |
subject to NWDP or public access plan or per BMC 22.08.090 |
yes per apprv’d plan or min of 3 objectives from rest plan and consistent with BMC 22.09.100 |
1Mitigation sequencing is still required per BMC 22.08.020 and a subsequent analysis can include or result in required restoration.
|
AQUATIC |
|||||
|---|---|---|---|---|---|
|
Reach # |
Setback |
Buffer |
Height |
Pub Acc Req’d |
Hab Rest Req’d |
|
Waterward of OHWM |
0' |
0' |
25' as measured from the elevation of the MHHT |
N |
N |
|
WATERFRONT DISTRICT WATER-ORIENTED USES – MARINE SHORELINE MAP 1; REACHES 5 – 7, BMC 22.11.010 |
||||||
|---|---|---|---|---|---|---|
|
Use |
Permitted |
Setback (from OHWM) |
Buffer (from OHWM) |
Height1 |
Pub Acc Required |
Hab Restoration Required2 |
|
Water-Dependent |
||||||
|
on land |
Y |
0' |
none |
N/A |
subj to BMC 22.08.090 |
N |
|
in a structure |
Y |
0' |
none |
< or = to 35' outright >35' < or = 50'; view analysis >50' = variance |
subj to BMC 22.08.090 |
N |
|
Water-Related |
||||||
|
on land |
Y |
0' |
none |
N/A |
subj to BMC 22.08.090 |
N |
|
in a structure |
Y |
50' |
none |
<35' outright >35' < or = 50'; view analysis >50' = variance |
subj to BMC 22.08.090 |
N |
|
Water-Enjoyment |
||||||
|
on land |
Y |
0' |
none |
N/A |
Y |
N |
|
in a structure |
Y |
50' |
none |
<35' outright >35' < or = 50'; view analysis >50' = variance |
Y |
N |
|
public use over/in-water |
CUP |
N/A |
N/A |
25' from OHWM |
Y |
N |
|
N-W-O |
Only if is accessory to and supports a WD/WR/WE use |
per the associated use |
per the associated use |
per the associated use |
per the associated use |
per the associated use |
WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit
1Height: as defined in Chapter 22.10 BMC and as specified in BMC 22.03.030(F)(5)(g).
2Each project is meant to mitigate its anticipated impacts per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
|
WATERFRONT DISTRICT SHORELINE MIXED USES – MARINE SHORELINE MAP 1; REACHES 5 – 7, BMC 22.11.010 |
||||||
|---|---|---|---|---|---|---|
|
Use |
Permitted |
Setback (min-max)1 (from OHWM) |
(from OHWM) |
Height3 |
Pub Acc Required |
Hab Restoration Required4 |
|
Water-Dependent |
||||||
|
on land |
Y |
0' |
25' – 50'; that portion necessary for the WD use may encroach the req’d buffer |
N/A |
Subject to BMC 22.03.030(F)(6)(f) and 22.08.090 |
N |
|
in a structure |
Y |
0' |
25' – 50'; that portion necessary for the WD use may encroach the req’d buffer |
< or = to 35' outright >35' < or = 50'; view analysis >50' = variance |
N |
|
|
Water-Related |
||||||
|
on land |
Y |
25' – 100' |
25' – 50' |
N/A |
N |
|
|
in a structure |
Y |
50' – 100' |
25' – 50'; that portion necessary for the WD use may encroach the req’d buffer |
< or = to 35' outright >35' < or = 50'; view analysis >50' = variance |
N |
|
|
Water-Enjoyment |
||||||
|
on land (park, plaza) |
Y |
25' |
25' |
N/A |
N |
|
|
in a structure (e.g., aquarium, museum, restaurant) |
Y |
50' – 200' |
25' – 50' |
< or = to 35' outright >35' < or = 50'; view analysis >50' = variance |
N |
|
|
N-W-O |
||||||
|
shoreline mixed-use structure |
Y – if develp’d concurrently with any of WD/WR/WE use |
50' – 150' |
25' – 50' |
< or = to 35' outright >35' < or = 50'; view analysis >50' = variance |
Y pursuant to BMC 22.03.030(F)(6)(h) and consistent with BMC 22.09.100 |
|
|
Water-oriented shoreline mixed-use structures and standalone non-water-oriented uses |
Y |
75' |
50' |
< or = to 35' outright |
Subject to BMC 22.03.030(F)(6)(h) and 22.08.090 |
Y pursuant to BMC 22.03.030(F)(6)(h) and consistent with BMC 22.09.100 |
WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit, WDMP: Waterfront District Master Plan
Within the shoreline mixed-use sub-area between the north line of Myrtle Avenue (extended) and the north line of Oak Street (extended) the following shall apply:
1For shorelines within the waterfront district shoreline designation the setbacks and buffers shall be established as specified in BMC 22.03.030(F)(6)(f).
2Except for WD and WR uses where there is an existing bulkhead or sheet piling or other vertical in-water structure – the required buffer does not apply. Replacement of said structures for a permitted use would not require compliance with the buffer requirement.
3For shoreline mixed-use buildings, height shall be as specified in BMC 22.03.030(F)(6)(g).
4Habitat restoration is outright required for developments where a non-water-oriented use is proposed within a shoreline substantial development pursuant to BMC 22.03.030(F)(6)(h). Each project is meant to mitigate its anticipated impacts per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
Benches and picnic tables are allowed within setback areas.
|
WATERFRONT DISTRICT RECREATIONAL USES – MARINE SHORELINE MAP 1; REACHES 5 – 7, BMC 22.11.010 |
||||||
|---|---|---|---|---|---|---|
|
Use |
Permitted |
Setback (from OHWM) |
Buffer (from OHWM) |
Height |
Pub Acc Required |
Hab Restoration Required1 |
|
Water-Dependent |
||||||
|
on land |
Y |
0' |
50'; that portion necessary for the WD use may encroach the req’d buffer |
N/A |
N |
|
|
in a structure |
Y |
0' |
50'; that portion necessary for the WD use may encroach the req’d buffer |
25' |
N |
|
|
Water-Related |
||||||
|
on land |
Y |
25' |
50' |
N/A |
N |
|
|
in a structure |
Y |
50' |
50' |
25' |
N |
|
|
Water-Enjoyment |
||||||
|
on land (park, plaza) |
Y |
25' |
50' |
N/A |
N |
|
|
in a structure (e.g., aquarium, museum, restaurant) |
Y |
100' |
50' |
25' |
N |
|
|
Non-Water-Oriented |
||||||
|
non-water-oriented that either support or are accessory to a permitted use |
Y |
Same as permitted use |
50' |
25' |
Stand alone non-water-oriented uses are not permitted unless w/in a historic structure |
|
|
non-water-oriented uses that adaptively reuse or preserve a historic structure |
Y |
Same as permitted use |
50' |
25' |
Stand alone non-water-oriented uses are not permitted unless w/in a historic structure |
|
WD: water-dependent, WR: water-related, WE: water-enjoyment, N-W-O: non-water-oriented uses, CUP: shoreline conditional use permit, WDMP: Waterfront District Master Plan
1Each project is meant to mitigate its anticipated impacts per BMC 22.08.020. A subsequent analysis can include or result in required (and additional) restoration.
Benches and picnic tables are allowed within setback areas.
[Ord. 2018-01-002 § 3 (Exh. 2); Ord. 2013-02-005 § 2 (Exh. 1)].