23.08.060 Lot design standards.
A. Logical Boundaries. Lots shall be generally designed at right angles to the abutting street and avoid awkward configurations, jogs around existing structures, or awkward appendages, except as approved by the planning and community development director and in lot line adjustments where the express purpose of the adjustment is to correct a legitimate property line encroachment.
B. Reasonable Use. All lots must be buildable at the time of vesting with respect to all bulk and dimensional standards, preexisting conditions of approval, preexisting resolutions, easements, deed restrictions and Chapter 16.55 BMC.
C. Alley Access. The following provisions shall be considered for land divisions that abut a platted alley:
1. Vehicular access to newly created lots that abut a public alley shall be from the alley. Alley access to newly created lots that contain an existing residence may be waived when determined the configuration of the residence and its parking are not conducive to alley access.
2. A pedestrian walkway shall be provided from the entrance of a residential or commercial building to the abutting street except when the director determines such access is not feasible due to site constraints such as unusual shape, topography or environmentally sensitive areas or is not practical due to the configuration of an existing residence.
3. Alley access may be waived by the planning director and city engineer if determined:
a. An existing dwelling and its garage are in a location where access from the alley is impractical or impossible due to the topography or environmental constraints of the site; or
b. Construction of the alley is not needed for the orderly extension of public infrastructure.
D. Building Envelope.
1. Each newly created lot shall provide a building envelope with the dimensions specified in Table 23.08.060(A).
|
Zoning |
Building Envelope (feet) |
|
Residential Single, Detached and Residential Multi, Transition |
60 X 60 (1) |
|
50 X 50 (2) |
|
|
40 X 40 (3) |
|
|
Residential Multi Transition, Attached Single Family (BMC 20.32.045) |
25 X 50 |
|
Residential Single Cluster, Detached |
40 X 40 (4) |
|
Residential Single Cluster, Attached |
20 X 40 |
|
Residential Multi Multiple and Planned, Urban Village, Commercial, Industrial, Institutional, and Public |
Exempt (5)(6) |
|
Infill Toolkit Housing Forms in Preliminary Plats, Cluster Short Plats, and Cluster Preliminary Plats |
Exempt |
|
Notes: (1) Single-family and duplex lots with a 10,000 sf or greater density requirement. (2) Single-family and duplex lots with a minimum density requirement less than 10,000 sf and greater than or equal to 5,000 sf. Building envelope may be reduced to 40 feet by 50 feet when vehicular access is provided from an alley. (3) Single-family and duplex lots with a minimum density requirement less than 5,000 sf and with a minimum density requirement equal to 5,000 sf where existing blocks are platted with 40-foot-wide lots. Building envelopes may be reduced to 35 feet by 40 feet when vehicular access is provided from an alley. (4) Building envelopes may be reduced to 35 feet by 40 feet when vehicular access is restricted to an alley. (5) The areas of the newly created lots are as equal in size as possible and easements, as may be determined necessary for items including, but not limited to, parking, landscaping, and open space, shall be established concurrently with the recording of final mylars. The proposal may not increase the underlying residential density permitted in the zone for the entire original parcel and the final mylars shall contain a statement stating the density of the proposal was based on the entire site and additional development on any lot requires further city review for compliance with zoning regulations. (6) Single-family lots within a short subdivision or subdivision having a planned, mixed, or multi use qualifier or in an urban village shall utilize the standards provided for the residential single zoning designations as stated above in (1), (2), (3) and (4). |
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E. Abutment – Public Infrastructure. All lots created under this title shall be designed to have access to public infrastructure by abutment on a public street, which may be by a pipestem, or by some other legally sufficient right-of-access, such as an easement, which is permanent and inseparable from the lot served. Pipestem and easement widths shall meet the provisions of this chapter.
1. Abutment by Pipestem. The pipestem portion of a lot shall be 20 feet wide for a single pipestem or 10 feet wide for each side-by-side pipestem.
2. Abutment by Private Access Easement. The access easement shall be for all benefiting lots within the land division and have a width consistent with this chapter and in a form pursuant to this title.
3. Consolidated Access. Access for pipestem lots and lots lacking street frontage shall have a shared consolidated driveway within an access easement and are required to take access from a shared consolidated driveway within this easement area, unless it is determined by the city engineer that:
a. An existing dwelling and its garage are in a location where access from the easement is impractical or impossible due to the topography or environmental constraints of the site; or
b. A potential safety issue exists related to access from the easement.
4. Private Driveway Standards and Construction. Private driveways may serve up to eight lots. Driveways serving three or more lots shall be constructed to the following standards:
a. Driving Surface Material and Width. Private driveways must be surfaced with a hard material such as concrete or asphalt with the widths pursuant to Table 23.08.060(B). The use of permeable pavement shall be used for hard surface ground cover areas unless determined infeasible per the criteria listed within BMP T5.15 of the Ecology Manual, as amended. Projects that include less than 2,000 square feet of new or replaced impervious surface are exempt from this requirement. Gravel or loose material is prohibited. The pedestrian path required pursuant to Table 23.08.060(B) shall be constructed of a different material and located abutting the vehicle travel lane unless the planning director determines an alternative method of providing pedestrian access to the street can be achieved by an equal or better solution.
b. Easement Width. The access easement shall be of sufficient width to provide a private driveway in accordance with Table 23.08.060(B) and any required landscaping and/or fencing.
|
Travel Lane Width |
Pedestrian Path Width |
Total Width |
|
|---|---|---|---|
|
Medium Driveway (three to five dwelling units) (Figure 20.28.050(A)) |
11 feet |
4 feet, one side |
15 feet |
|
Large Driveway (six to eight dwelling units and lanes over 100 feet long) (Figure 20.08.060(B)) |
12 feet |
4 feet, both sides |
20 feet |
Figure 23.08.060(A) Medium Driveway Plan and Section
Figure 23.08.060(B) Large Driveway Plan and Section
c. A private driveway determined necessary to provide emergency access to newly created lots shall be constructed in accordance with Chapter 17.20 BMC and include the number of pedestrian path(s) required above within the fire apparatus road.
d. Landscaping and Fencing. A five-foot landscaped planting area or a six-foot-tall solid fence shall be provided between the private driveway and all existing residential structures for the entire length of a structure of the easement boundary or shared property line. Landscaping shall consist of a mixture of trees, shrubs, and ground cover pursuant to BMC 20.12.030.
The landscaped planting area may contain storm water facilities provided the facilities are landscaped pursuant to BMC 20.12.030.
e. Existing Driveways. Existing driveways may be exempted from complying with the provisions of this section provided:
i. The fire marshal determines the existing conditions of the driveway either provide sufficient emergency access to the lots within the land division in its existing condition or, if the driveway is not sufficient, the fire marshal shall establish an alternative standard or other mitigating measure necessary to provide sufficient emergency access; and
ii. The planning director determines:
(A) There are other extraordinary situations inherent with the site or its improvements; and
(B) Existing lots that use the driveway for access will not be significantly impacted or burdened.
5. Private Utilties. All private utilities required to serve lots within a land division, including but not limited to water, sewer and stormwater, shall be installed concurrently with the construction of the driveway pursuant to the provisions above.
6. Access and/or Utility Easement. A common driveway shall be placed within a private access easement. All required access and utility easements shall be noted on the face of the mylars and shall be recorded with the Whatcom County auditor’s office prior to or concurrently with the mylars.
The easement shall:
a. Be a sufficient width to include the vehicle travel lane, pedestrian path, required landscaping/fencing, storm water facilities, utilities, and any additional width determined necessary for maintenance and/or repair activities of those facilities;
b. Provide a direct connection from a publicly dedicated improved street to each lot being served by the easement;
c. Be prepared in accordance with this title; and
d. Include provisions requiring common maintenance and cost sharing of the driveway and all associated landscaping and storm water facilities and authority to conduct repairs of individual private utilities within the easement.
F. Cluster Short and Cluster Preliminary Plats. All cluster subdivisions shall demonstrate compliance, as applicable, with the following:
1. Lot Size Transition. Lots created through a cluster land division shall provide a transition of lot size when abutting property with a residential-single, detached zoning designation that is developed with single-family uses on fee simple lots. When a lot size transition is required, the minimum site area of the transition lot(s) shall be the smaller of the area of the existing developed lot(s) or 80 percent of the abutting underlying zoning minimum lot size.
2. Open Space. A minimum of 15 percent of the site shall be reserved for open space that (a) preserves significant natural features including, but not limited to, critical areas and associated buffers or mature stands of trees, and/or (b) creates recreational open space with amenities. The reserved open space shall meet the following requirements:
a. Protected from further subdivision or development by filing covenants for the open space area concurrently with the final plat of the subdivision and placed in a separate tract for ownership by the homeowner’s association or consolidated in an abutting lot; and
b. Privately owned unless the city determines a dedication of the open space will benefit the city’s overall open space plan for recreational and/or ecological purposes.
c. In addition to subsections (F)(2)(a) and (F)(2)(b) of this section, reserved open space for recreational purposes under private ownership should be allowed only if designed as an amenity of the project, the areas contain grades that allow the intended use of the area to be used for active recreational purposes and incorporate as many of the following features as feasible:
i. Provide improved pathways to the open space area from as many access points within the subdivision as determined feasible and reasonable given the overall plat design;
ii. Contain amenities including, but not limited to, playground equipment, trails, and picnic benches that are provided at a rate sufficient to serve the anticipated number of residences in the subdivision as determined by the performance standards of BMC 23.08.070(G);
iii. Define the open space boundary through the installation of landscaping, fencing or a combination thereof. Landscaping shall consist of a mix of trees, shrubs and ground cover consistent with BMC 20.12.030. The design and height of required landscaping and fencing shall not create a solid visual buffer except to mitigate a legitimate safety issue as determined by a CPTED review; and
iv. Record legal documents concurrently with the filing of the mylar documents to establish the ownership of the open space and a financial mechanism ensuring maintenance of the facilities in perpetuity.
3. Infill Toolkit. Infill toolkit uses that are incorporated into a cluster subdivision shall comply with Chapter 20.28 BMC. All cluster subdivisions that include infill toolkit housing types shall comply with the lot size transition provision pursuant to this chapter. The lot size transition may be waived if the infill housing lots are developed with housing forms having similar bulk, mass, and scale of the abutting residential single uses. [Ord. 2024-02-004 § 5; Ord. 2021-10-044 § 22; Ord. 2018-12-036 § 2 (Exh. A)].