“Abutting” means touching along a common border or point.

Access Easement. See “easement, access.”

“Adjacent” means lots located across a street or right-of-way.

“Administrative officer” is the director of the planning and community development department charged with administering this chapter.

“Affordable housing” means housing with a monthly housing expense, that is no greater than 30 percent of 80 percent of the median family income adjusted for family size, for Bellingham, as reported by the United States Department of Housing and Urban Development. This definition is intended to be the same as the “low-income housing” references pursuant to BMC Titles 15 and 19.

“Alteration” means the modification of a previously recorded plat, short plat, final plat, binding site plan, or any portion thereof.

“Applicant” means any person, firm or corporation, other entity or authorized representative undertaking an application for a development proposal, permit or approval. Any responsibility to fulfill a provision of this title given to the applicant shall also be construed as a requirement imposed on the property owner.

“Area” means the total horizontal area within the boundary of the lot lines of a lot, less submerged lands, and expressed in terms of square feet or acres.

“Bellingham Municipal Code” means a codification of city regulations on file with the city clerk referred to herein as the “BMC” and/or municipal code.

“Binding site plan” means a drawing to scale of a division of land into lots or tracts classified for residential, industrial or commercial use for the purpose of sale, transfer or lease pursuant to RCW 58.17.035 and containing all the elements set forth in Chapter 23.24 BMC.

“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

“Buildable area” means the portion of a lot or site, exclusive of required yards, rights-of-way, dedications, critical areas and their buffers, and any other restrictions on lot development from development regulations, which can be constructed with a permitted primary use that would otherwise not require a variance from zoning and environmental regulations.

“Building envelope” means the dimensional area within a lot, as determined by this title, that is determined to be free of any encumbrances that would prevent development to occur within the dimensional area. Such encumbrances include, but are not limited to, rights-of-way, dedications, and critical areas and their buffers.

“Checkprint” means a draft version of the final subdivision map that is submitted with a request for final subdivision approval to the city for review prior to preparing a mylar.

“City” means the incorporated city of Bellingham, county of Whatcom, state of Washington, and its appointed or elected officials.

“City engineer” means the duly appointed city engineer or designee for the city of Bellingham.

“City finance director” means the duly appointed finance director or designee for the city of Bellingham.

“City hearing examiner” means the duly appointed hearing examiner for the city of Bellingham.

“Cluster short subdivision” means a subdivision into four or fewer lots in which standard requirements may be modified in order to provide desirable open space, recreational opportunity or achieve other significant public benefits without increasing the overall density of dwelling units per acre except as provided in this title and the applicable neighborhood subarea pursuant to zoning tables in Chapter 20.00 BMC.

“Cluster subdivision” means a subdivision into five or more lots in which standard requirements may be modified in order to provide desirable open space, recreational opportunity or achieve other significant public benefits without increasing the overall density of dwelling units per acre except as provided in this title and the applicable neighborhood subarea pursuant to zoning tables in Chapter 20.00 BMC.

“Common ownership” means an ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockbroker, partner, associate, or family member owns an interest in each corporation, firm, entity, partnership, or unincorporated association. For purposes of this chapter underlying ownership by a common party, parties or related individuals may be construed by the city as a common ownership. Proof of separate and unrelated property ownership is the duty of the owner or applicant.

“Comprehensive plan” means the most current published edition of the Bellingham comprehensive plan, which includes the city’s individual neighborhood plans.

“Controlling corner” means all angle points of the perimeter of a subdivision or separate divisions of a subdivision.

Corner Lot. See “corner lot” under “lot types.”

“Council” means the city council of the city of Bellingham.

“County” means Whatcom County of the state of Washington.

“County auditor” means the duly elected auditor for the Whatcom County.

“County treasurer” means the duly elected treasurer for Whatcom County.

“Covenant” means a binding and solemn agreement made by two or more individuals, parties, etc., to do or keep from doing a specified thing or things.

“Cul-de-sac” means a street right-of-way intersecting another street right-of-way at one end and which terminates with a permanent vehicular turnaround at the other end. Dead-end streets or rights-of-way planned for future extension shall not be considered a cul-de-sac.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to the owner no other rights such as are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. The intention to dedicate is evidenced by the owner by the presentment for filing of a final plat or a short plat showing the dedication thereon; and the acceptance by the public is evidenced by the approval of such plat for filing by the appropriate governmental unit.

“Deed” means a written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee. This includes, but is not limited to, warranty, statutory and quit claim deeds.

Density. A term used within the comprehensive plan and municipal code to regulate the intensity of development which may legally occur upon property within a land use area. Density regulates development according to one of the following three criteria:

“Density bonus” means an allowance to increase the total number of dwelling units and/or lots in excess of the underlying zoned density in exchange for creating developments that provide significant public benefit(s), such as additional open space, recreational facilities, affordable housing, infill housing types or other features deemed desirable by the council.

Density, Maximum. A term used within the ranged density system to describe the highest intensity of development for a parcel.

Density, Minimum. A term used within the ranged density system to describe the lowest intensity of development for a parcel.

Density, Ranged. A term used to describe the density provisions for residential multi zoned lands that establish a maximum and minimum density to regulate the intensity of development on a parcel.

“Departure” means the allowance to modify or depart from certain prescriptive standards to achieve outcomes that would better serve the public interest than what would occur with strict application of the prescriptive standards.

“Design standard” means qualitative or quantitative standards that are intended to establish new development that is consistent with, or improves, the existing neighborhood character, or, where new neighborhoods are formed, create neighborhoods that maximize the use of a site without posing unnecessary hardship on the natural features of the land proposed to be subdivided.

“Development regulation” means zoning, SEPA, subdivision, clearing, grading, critical area, storm water or other governmental regulation of the use and development of land.

“Director” means the director of the planning and community development department or his/her designee.

Dwelling Unit, Detached Single-Family. A residential structure that includes provisions for only one dwelling unit that is not an infill housing or multifamily dwelling unit.

“Easement” means a grant by a property owner to a specific person or entity, including the city, to use land for a specific purpose or purposes. These purposes include, but are not limited to, vehicular access, pedestrian ways, bicycle paths, utilities, drainage facilities and open space.

“Easement, access” means an easement created for the purpose of providing vehicular or pedestrian access to a property.

“Final approval” means the final official action taken by the city on a proposed adjustment or division of land where all the conditions of preliminary approval have been met.

“Final plat” means the final drawing of a subdivision and dedication prepared for filing for record with the county auditor and meeting all requirements in Chapter 58.17 RCW and this title.

“Final plat approval” means all or a portion of a subdivision presented for final approval after all requirements of this title and those conditions placed on the preliminary plat have been completed and all improvements installed and accepted or guarantees properly posted for their completion.

“Financial surety” means a financial security that is acceptable to the city in lieu of a requirement that certain improvements be made before final subdivision approval, including performance bonds, assignment of funds, escrow agreements, and other similar collateral or surety agreements.

“Hearing examiner” means the land use hearing examiner for the city of Bellingham.

“Homeowner’s association” means an incorporated nonprofit organization formed or qualified under the laws of the state of Washington, operating under recorded land agreements through which: (1) each land owner is automatically a member, (2) each land owner is automatically subject to a proportionate share of the expenses for the organization’s activities, such as maintaining common property and facilities, and (3) such charge, if unpaid, becomes a lien against the property of the land owner. Homeowner’s association does not mean an association created under Chapter 64.32 or 64.34 RCW.

“Lake Whatcom watershed” means all lands that drain into Basin One of Lake Whatcom as defined by BMC 16.80.040.

“Land division” is a general term used to describe all adjustment, division and redivision actions including but not limited to lot line adjustments, short subdivisions, preliminary plats, final plats, binding site plans, plat alterations, and plat vacations.

“Lot” means the consolidation of all adjacent and contiguous lot(s) of record held under common ownership as of April 27, 1982, of at least sufficient size to meet minimum requirements for development of an allowed use pursuant to the regulations of the applicable zoning. Lot includes plot, parcel, tract or site.

“Lot area” means the total horizontal area within the boundary of the lot lines of a parcel and expressed in terms of square feet or acres. Lot area does not include the area of any abutting or adjacent rights-of-way.

“Lot line adjustment” refers to a change(s) of property lines associated between two or more lots with each lot containing a buildable area that does not increase the number of lots.

“Lot of record” means a parcel of land officially approved by the city of Bellingham through the subdivision process or a parcel of land established by a recorded deed with the county auditor prior to September 10, 1964.

“Lot types” include the following:

“Metes and bounds” means a description of real property that starts at a known point and describes the bearings and distances of the line forming the boundaries of the property and is completed when the description returns to the point of beginning.

“Model homes” means single-family residences that are allowed to be constructed consistent with an approved preliminary plat prior to recording of a final plat.

“Modification” means an authorized administrative relaxation of a development regulation associated with a preliminary approval that is determined to meet the decision criteria defined by this title.

“Monument” means an object used to permanently mark a surveyed location. The size, shape and design of the monument shall meet the standards specified by the Washington State Department of Natural Resources as authorized by Chapter 58.17 RCW.

“Mylar” means the vellum material that a final subdivision maps may be produced on for recording purposes.

“Natural features” means significant natural features including, but not limited to, the existing buffer between adjacent properties, trees, topography, streams, wetlands, habitat, and geologically hazardous areas.

“Neighborhood” means a specific section of the city whose boundaries are delineated within the comprehensive plan’s neighborhood plans.

“Nonconforming” means a lawfully established use of land and/or building that does not comply with the current use regulations (primary, secondary, conditional, etc.) for its zone, but which complied with applicable regulations at the time the use was established.

“Nonconforming lot” means an otherwise legal lot that does not conform to the current minimum lot area, depth, width, or other lot standards of the zone in which it is located.

“Open space” means any undeveloped parcel or tract of land designated, dedicated or otherwise reserved for public and/or private use and benefit as a natural area, greenway corridor, or recreational area as may be specified upon creation of said tract.

“Pedestrian features” means a network of connections for pedestrian (and bicycle) use to connect subareas of the city or regional trail systems, and to provide access to public and/or private facilities.

“Phasing plan” means a subdivision which is developed in increments over a period of time. Preliminary plat approval must be granted for the entire subdivision and must delineate the separate phases/divisions that are to be developed in increments. The preliminary plat approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval shall be required for each separate phase of the preliminary plat. For the purposes of this title, a phase and division are to be construed as the same meaning when referring to a phased preliminary plat.

“Planned development” refers to developments as regulated by Chapter 20.38 BMC.

“Planning and community development department (PCDD)” means the city of Bellingham department of planning and community development.

“Plat” means a map or representation of a subdivision, showing the division of a tract or parcel of land into lots, blocks, streets, and alleys or other division and dedications.

“Plat certificate” means a title report by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the entire parcel, tract, or lot being subdivided.

“Plat vacation” means any eradication of lot lines or elimination of any area designated or dedicated for public use within a recorded subdivision or short subdivision or portion thereof.

“Preliminary approval” means an official favorable action on a proposed lot line adjustment or land division by the director or hearing examiner, as appropriate, and following a duly advertised public hearing, if required. The preliminary approval may impose specific conditions that must be complied with before final subdivision approval may be granted.

“Preliminary cluster plat” is a preliminary plat utilizing the cluster provisions of this title.

“Preliminary plat” means a scaled drawing of a proposed subdivision of land into 10 or more individual lots or cluster subdivision of land into five or more individual lots showing the general layout of streets and alleys, rights-of-way, lots, blocks, tracts of land, public and private easements and restrictive covenants applicable to the subdivision, and other elements of a plat or subdivision consistent with the requirements of the city land division regulations and Chapter 58.17 RCW.

“Preliminary short plat” means a scaled drawing of a proposed subdivision or cluster subdivision of land into nine or fewer individual lots showing the general layout of streets and alleys, rights-of-way, lots, blocks, tracts of land, public and private easements and restrictive covenants applicable to the subdivision, and other elements of a plat or subdivision consistent with the requirements of the city land division regulations and Chapter 58.17 RCW which furnishes a basis for the approval or disapproval of the general layout of a subdivision.

“Prescriptive standard” means a regulation or provision of BMC Titles 20 and 23 in which their implementation is a measured calculation that is described numerically.

“Public infrastructure” means structures and facilities owned or operated by a public or publicly licensed or franchised agency that provide essential public services such as telephone exchanges, electric substations, radio and television stations and cell towers, microwave and line-of-sight transmission stations, gas and water regulation stations, park and recreation facilities, streets, and water, sewer and storm water facilities.

“Public works director” means the duly appointed director of the city of Bellingham public works department.

“Record of survey” means a recorded map prepared by a licensed land surveyor that represents a survey made on the ground and delineates the deed described property lines.

“Redivision” means the division of land in an approved subdivision, short subdivision, or binding site plan.

“Restrictive covenant” means a restriction on the use of land set forth in a formal binding agreement running with the land and binding upon subsequent owners of the property.

“Right-of-way” means a strip or parcel of land dedicated to the city for public uses including, but not limited to, street, mass transit, bicycle, and pedestrian uses as well as emergency access, utility, drainage, vegetation management, view corridor or other necessary public uses on a portion of which a street is built.

“SEPA” means Washington State Environmental Policy Act of 1971, Chapter 43.21C RCW, as amended.

“Short cluster plat” or “short cluster subdivision” is a short plat consisting of four or fewer lots utilizing the cluster provisions of this title.

“Short plat” or “short subdivision” means the map or representation of a short subdivision, both in preliminary and final short subdivision plat form, containing all of the pertinent information as required by this title.

“Short subdivision” means the division of land into nine or fewer lots, tracts or parcels. For the purposes of this title, short subdivision may also include preliminary cluster subdivisions.

“Site area” means the total horizontal area within the boundary of a proposed adjustment, redivision or division of land and expressed in terms of square feet or acres.

“Street” means a right-of-way having a width of 30 feet or more which may provide the principal means of access to abutting property.

“Subdivision” means the division of land into 10 or more lots, tracts or parcels. For the purposes of this title, subdivision may also include preliminary cluster subdivisions.

“Subdivision guarantee” means a type of title report and/or plat certificate prepared by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided.

“Submerged lands” means those areas below the ordinary high-water mark of marine and fresh waters.

“Survey” means a survey of the proposed division of land or boundary line adjustment along with the preparation of the required maps done by or under the supervision of a registered land surveyor in the state of Washington. The division of land or boundary line adjustment map that is prepared shall be a true and correct representation of lands actually surveyed in accordance with RCW 58.17.250 and this title.

“Tract” means an area of land that meets one of the following conditions (wherever in this title a tract is required to be created, if an applicant is not pursuing a subdivision then an easement shall suffice for a tract):

“Variance” means a modification of the regulations of this title granted pursuant to procedures and standards contained herein. [Ord. 2024-02-004 § 2; Ord. 2023-11-032 § 17; Ord. 2021-10-044 § 20; Ord. 2018-12-036 § 2 (Exh. A)].