Blaine Municipal Code

Title 17

LAND USE AND DEVELOPMENT

Chapters:

17.01 Authority, Purpose and Definitions

Division 1. Administration

17.02 General Provisions

17.04 Amendments

17.06 Project Review and Approval Procedures

17.06A Design Review

17.07 Site Plan Review

Division 2. Enforcement

17.08 Violations and Enforcement

Division 3. Zoning Districts

17.10 Zoning Districts and Map

17.12 Gateway (Mixed Use) Zoning District

17.14 Manufacturing Zoning District

17.16 Deleted

17.20 Marine Planned Recreation Zoning District

17.22 Central Business District (CBD)

17.23 CB – Wharf Zoning District

17.24 Highway Commercial Zoning District

17.26 Residential/Office (R/O) Zoning District

17.28 Residential High-Density Zoning District

17.30 Residential Medium-Density Zoning District

17.31 Single-Family – 2 (SF-2) Zoning District

17.32 Single-Family – 1 Unit/Lot (SF-1) Zoning District

17.34 Residential Low-Density Zoning District

17.38 Residential Planned Recreation Zoning District

17.40 Repealed

17.42 Planned Residential Zoning District

17.44 Planned Commercial Zoning District

17.45 Public Zoning District

17.46 Adult Entertainment Overlay Zoning District

17.48 Planned Unit Development

Division 4. Platting and Major Development Approval Procedures

17.50 General Provisions

17.54 Short Subdivisions

17.56 Preliminary Plat

17.58 Final Plat

17.60 Binding Site Plan Approval

17.62 Design Requirements

17.64 Major Development

17.66 Improvement Standards

17.68 Variances

17.70 Fees

Division 5. Environmental and Cultural Resource Management

17.80 SEPA Guidelines

17.81 Shoreline Management Master Program

17.82 Natural Resource Lands and Critical Areas Management

17.83 Wetland Management

17.84 Land Disturbance

17.85 Cultural Resources and Archaeological Site Management

17.86 Flood Hazard Regulations

17.89 Fees

Division 6. Development Requirements

17.90 Building Permits

17.92 Conditional Use Permits

17.94 Nonconforming Uses

17.96 Home Occupations

17.98 Bed and Breakfast Establishments

17.100 In-Home Child or Adult Care Business

17.102 Accessory Apartments

17.104 Accessory Structure Setbacks

17.106 Special Uses

17.108 Recreational Vehicle Parks

17.110 Essential Public Facilities

17.112 Manufactured Homes – General Regulations

17.114 Manufactured Home Subdivisions

17.116 Manufactured Home Parks

17.118 Fees

Division 7. Design Standards and Guidelines

17.119 Wharf Zoning District Design Standards

17.120 Downtown Design Standards

17.121 Residential Design Standards

17.122 Signs

17.124 Parking and Loading

17.126 Landscaping

17.128 Fences, Walls and Hedges

17.130 Corner Lots

17.132 Right-of-Way Encroachment – Outdoor Storage

17.134 Repealed

17.136 Yard Obstructions

17.138 Architectural Projections into Yards

17.140 Outdoor Parking and Outdoor Storage Limitations

Division 8. Definitions

17.142 Definitions

Chapter 17.01
AUTHORITY, PURPOSE AND DEFINITIONS

Sections:

17.01.010 Statutory authority.

17.01.020 Purpose – Blaine land use and development code.

17.01.030 Appeals.

17.01.010 Statutory authority.

This title is adopted pursuant to the provisions of Chapters 36.70A and 36.70B RCW which require cities to adopt development regulations that are consistent with and implement their comprehensive plans that were adopted pursuant to the State Growth Management Act. (Ord. 2554 § 3, 2003)

17.01.020 Purpose – Blaine land use and development code.

The purpose of this title is to implement the goals, policies and objectives of the city’s comprehensive plan by providing procedures and regulations to control the development of land in the city of Blaine in a manner that promotes the public health, safety and welfare and provides for the environmental and economic well-being of the community. (Ord. 2554 § 3, 2003)

17.01.030 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Division 1. Administration

Chapter 17.02
GENERAL PROVISIONS

Sections:

17.02.010 Purpose.

17.02.020 Title.

17.02.030 Application.

17.02.040 Interpretation and conflict.

17.02.050 Administrative responsibilities.

17.02.060 Appeals.

17.02.010 Purpose.

The purpose of Division 1 of this title is to establish administrative responsibilities under the Blaine land use and development code. (Ord. 2554 § 3, 2003)

17.02.020 Title.

This title may be cited as either:

A. BMC Title 17;

B. City of Blaine land use and development code; or

C. Land use and development code. (Ord. 2554 § 3, 2003)

17.02.030 Application.

A. This title shall apply to all lands within the city of Blaine.

B. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this code.

C. No lot lines shall be changed nor new lots or lot lines created except in conformance with this code. (Ord. 2554 § 3, 2003)

17.02.040 Interpretation and conflict.

A. In their interpretation and application, the provisions of this title shall be held to the minimum requirements adopted for the promotion of the public health, safety, morals, or general welfare.

B. It is not intended that this title should interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. Where this title imposes a greater restriction upon the use of buildings, land and height of buildings or requires larger spaces than are imposed or required by other resolutions, rules, regulations or by easements, covenants, or other agreements, the provisions of this title shall govern.

C. When uncertainty exists as to the location of any regulatory boundaries, such as districts or shoreline environments shown on any official map adopted as part of this title, the following rules shall apply:

1. Where district boundaries are indicated as approximately following the centerline of streets, alleys, or highways, the actual centerline shall be construed to be the boundary;

2. Where district boundaries are indicated as running approximately parallel to the centerline of the street, the boundary shall be construed to be parallel to the centerline of the street;

3. Where boundaries are indicated as approximately following the lot or tract lines, the actual lot or tract line shall be construed to be the boundary;

4. Where a regulatory boundary divides a tract in unsubdivided property, the location of the district boundary, unless the same is indicated by the dimensions thereon, shall be determined by use of the scale appearing on such map;

5. Regulatory boundaries indicated as following shorelines shall be construed to follow such shorelines, and if the shoreline changes, shall be construed as moving with the actual shoreline;

6. Boundaries indicated as following railroad lines shall be construed to be in the centerline of the right-of-way;

7. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley;

8. If the location of the boundary is still uncertain after applying the rules set out above, the director shall make a determination on the location of the boundary. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.02.050 Administrative responsibilities.

A. Director.

1. The director shall have the responsibility for administering the provisions of this title including the interpretation and application of its provisions;

2. The director shall make final decisions on all permits and approvals not explicitly delegated to another decision-making body;

3. The director shall act as a coordinating agent to ensure that the regulatory process is expeditious. All departments of city government shall cooperate with the director in the exercise of his or her duties relative to land use controls and regulations;

4. The director shall establish a city of Blaine technical review committee (TRC) with the director serving as chairperson; and

5. The director shall serve as the secretary of the review authority.

B. Technical Review Committee (TRC).

1. In addition to the director, the TRC shall be made up of the director of public works or his or her designee, and the building official or his or her designee. The director may expand the membership of the committee to include other city staff members with particular expertise in the matter under consideration;

2. The TRC shall convene to review and make recommendations on the following applications prior to their approval by the approving authority:

a. Applications for short and long subdivision;

b. Applications for rezones and comprehensive plan amendments;

c. Applications for annexations; and

d. Such other applications or matters as the director may choose to bring before the committee for their consideration;

3. The role of the TRC is advisory only. The final decision on any matter brought before the TRC rests with the approving authority. The interpretation and the application of a particular statute, code, rule or policy rests with the administrative official charged with the responsibility for administering that statute, code, rule or policy and is not subject to review by the TRC unless such review is requested by the responsible director.

C. Hearing Examiner (HE).

1. The hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters:

a. Appeals from any orders, requirements, permits, decisions or determinations made by the director in the administration of BMC Titles 16 and 17 except as provided in subsection (D)(1)(i) of this section;

b. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance; and

c. Revocation proceedings involving all project proposals requiring an open record hearing.

D. Review Authority.

1. The review authority shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters except as provided in subsection (D)(2) of this section:

a. Applications for zoning conditional use permits;

b. Applications for shoreline management substantial development permits;

c. Applications for shoreline management program conditional use permits;

d. Applications for long subdivision approval;

e. Project permits that require a variance request;

f. Applications for short plat approval when a short plat variance is being requested;

g. Applications for general binding site plan approval;

h. Applications for zoning or shoreline variances which accompany any of the applications listed in subsection (D)(1) of this section; and

i. Appeals of administrative decisions made by the director in the administration of the design guidelines and sign review regulations.

2. The review authority shall conduct an open record hearing and prepare a record thereof, and make recommendations to the city council for approval or disapproval of applications made for the project permits listed below:

a. Major development permits;

b. Planned unit development permits; and

c. An application for any of the project permits for which the review authority would normally make a final decision as provided in subsection (D)(1) of this section, when associated with a major development permit or a planned unit development. The decision on these permit applications shall instead be in the form of a recommendation to be forwarded to the city council for final approval.

3. The review authority shall review and make recommendations to the city council on proposed amendments to the land use and development code and on proposed new regulations thereunder.

E. City Council (CC).

1. The city council shall make a final decision on the following applications for project permits:

a. Major development permits;

b. Planned unit developments;

c. Associated land use permits.

2. The city council, through its chairperson, shall review and sign final plats.

3. The city council shall hear appeals of hearing examiner and review authority decisions as provided in BMC 17.06.180. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.02.060 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.04
AMENDMENTS

Sections:

17.04.010 Purpose.

17.04.020 Types of amendments defined.

17.04.030 Initiation of amendments.

17.04.040 Initiation of amendments that require a comprehensive plan amendment.

17.04.050 Processing amendments.

17.04.060 Public notice.

17.04.070 Amendment review schedule.

17.04.080 Special provisions.

17.04.090 Transmittal of amendments to the state.

17.04.100 Appeals.

17.04.110 Fees.

17.04.010 Purpose.

The purpose of this chapter is to define the types of land use and development code amendments and establish time lines and procedures to be followed when proposals are made for amending or revising the city’s land use and development code and official maps. (Ord. 2554 § 3, 2003)

17.04.020 Types of amendments defined.

A. “Standard zoning map amendment” means a proposed change or revision to the official city of Blaine zoning map that affects a number of properties under various ownerships. A standard map amendment is generally comprehensive in nature, deals with homogenous communities, is geographically distinctive, or has unified interest within the city, such as a neighborhood plan. Rezone agreements may be executed for standard zoning map amendments pursuant to BMC 17.04.070.

B. “Text amendments” means a proposed change or revision in the text of this title, the city’s land use and development code. (Ord. 2554 § 3, 2003)

17.04.030 Initiation of amendments.

Amendments to the Blaine land use and development code and/or to the official city zoning map or shoreline map may be initiated as follows:

A. The director may initiate the amendment process by placing the proposed amendment(s) on the review authority agenda;

B. The city’s review authority may initiate an amendment(s) by majority vote of its members to place an amendment proposal on the review authority agenda;

C. The city council may initiate an amendment by approving a resolution to place a proposed amendment(s) before the review authority. The resolution shall be forwarded to the director who, unless directed otherwise by the city council, shall place the amendment on the land use and development code docket to be scheduled for consideration by the review authority;

D. A citizen may initiate an amendment(s) and have it placed on the land use and development code docket by making application on a form provided by the director and pay a processing fee pursuant to Blaine’s unified fee schedule. The director shall be responsible for the placement of the amendment proposal on the land use and development code docket; and

E. Items are moved from the land use and development code docket to the review authority agenda of a scheduled meeting of the review authority by the secretary of the review authority. Amendments may be placed on the land use and development docket at any time during the year. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.040 Initiation of amendments that require a comprehensive plan amendment.

Amendments to the text or official maps of the Blaine land use and development code that also necessitate an amendment to the comprehensive plan shall only be placed on the land use and development code docket if the accompanying comprehensive plan amendment is initiated as provided in Chapter 16.04 BMC. If the necessary comprehensive plan amendment is not initiated by the city council, the land use and development code amendment will not be considered. (Ord. 2554 § 3, 2003)

17.04.050 Processing amendments.

Amendments to this title shall be processed in the following manner:

A. Citizen-Initiated Amendments. For citizen-initiated amendments the director shall evaluate each application for completeness and may request additional information of the applicant. Upon a determination that the application is complete, the proposal shall be processed as set forth in subsection B of this section.

B. Processing Amendments.

1. The director shall process amendments in the following manner:

a. Conduct environmental review under SEPA for each amendment or group of amendments as appropriate;

b. Prepare a staff report including findings and recommendations for each initiated text and/or map amendment, or group of amendments, as appropriate; and

c. Schedule a public hearing before the review authority and forward the staff report, including the result of the environmental review, to the review authority.

2. The staff report required in subsection (B)(1)(b) of this section shall:

a. Evaluate the initiated amendment(s) in relationship to the goals, objectives and policies of the Blaine comprehensive plan;

b. Consider environmental implications as identified by the city SEPA official; and

c. Evaluate compliance with any other special provision as set forth in BMC 17.04.080.

3. The review authority shall receive the staff report and schedule a public comment period to include the date of a public hearing(s) on the amendment.

4. At the conclusion of the public comment period, the review authority shall meet to evaluate and deliberate on each amendment in relationship to the following:

a. Goals, policies and objectives of the comprehensive plan; and

b. Compliance with any other special provisions as provided by BMC 17.04.080.

5. The review authority shall make a recommendation as to whether the amendment should be:

a. Approved;

b. Approved with modifications; or

c. Denied.

6. The director shall prepare an agency report containing written findings and the review authority’s recommendation for each amendment or group of amendments, as applicable. The director shall also prepare a draft ordinance consistent with and incorporating the decision and findings of the review authority; provided, that no draft ordinance is required if the recommendation is not to approve the amendment. The agency report together with the draft ordinance, if any, shall be forwarded to the city council within 30 days of the review authority’s final decision.

7. The city council shall receive the agency report and the draft ordinance, if any, and at its next regular public meeting, set a date for a public meeting, where it shall consider the findings and recommendations of the review authority and may take any of the following actions on the amendment proposal:

a. By ordinance, adopt the amendment;

b. By motion, reject the amendment;

c. By resolution, remand the proposed amendment back to the review authority, with instructions for its reconsideration; or

d. If, after deliberating, the city council believes the public interest may be better served by departing from the recommendation of the review authority, the city council shall conduct their own public hearing on the proposed amendment. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.060 Public notice.

Public notification of an open record hearing shall be completed in a manner consistent with the public notification requirements contained in BMC 16.04.130. (Ord. 2554 § 3, 2003)

17.04.070 Amendment review schedule.

A. Applications for amendments to this title and official maps adopted by this title are accepted throughout the year.

B. Applications will generally be processed in the order received; provided, that the department may change the processing order if a different order would result in a more efficient use of staff time and that of the review authority. The date for establishing the processing order shall be the date the application is determined to be complete by the director. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.080 Special provisions.

A. Suggesting Revisions to the Blaine Land Use and Development Code.

1. Notwithstanding the provisions of BMC 17.04.030, interested persons, including applicants, citizens, hearing examiners, and staff of other agencies, may suggest amendments to this title and to the official maps adopted by this title by completing and submitting a suggested amendment application form provided for that purpose by the director.

2. The director shall maintain a record of each completed suggested amendment form received. There is no processing fee for submitting suggestions for amendments.

3. At least once a year, the director shall review and evaluate suggested amendments. Those suggested amendments that the director considers further the public interest or further the goals, policies or objectives of the comprehensive plan may be initiated by the director as amendment(s) by adding them to the land use and development code docket.

4. The review authority and the city council may also review the suggested amendment forms from time to time and may place a suggested amendment on the land use and development code docket in the manner established in BMC 17.04.030 for that body. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.04.090 Transmittal of amendments to the state.

Pursuant to RCW 36.70A.106(3) and WAC 365-195-620, the director shall notify and transmit copies of initiated amendments to this title and the official city zoning map to the Washington State Office of Community Development (OCD) and other state agencies identified on a list distributed by OCD at least 60 days prior to final adoption. The director shall also transmit a complete and accurate copy of zoning amendments to OCD within 10 days after the enacting ordinance is signed by the mayor. (Ord. 2554 § 3, 2003)

17.04.100 Appeals.

Decisions made by the city council for this chapter shall be final and conclusive. Pursuant to RCW 36.70A.290 and 36.70A.295, appeals of a final decision by the city council under this chapter may be petitioned through the Growth Management Hearings Board of Western Washington or through direct judicial review. (Ord. 2554 § 3, 2003)

17.04.110 Fees.

All applicants shall pay fees as specified in the unified fee schedule at the time of application. (Ord. 2554 § 3, 2003)

Chapter 17.06
PROJECT REVIEW AND APPROVAL PROCEDURES

Sections:

17.06.010 Purpose.

17.06.020 Applicability.

17.06.030 Exemptions.

17.06.040 Land use final decisions and land use decision types.

17.06.050 Preapplication conference.

17.06.060 Application submittal information.

17.06.070 Receipt of application and determination of completeness.

17.06.080 Vesting of applications.

17.06.090 Land use decision time periods.

17.06.100 Notice of application requirements.

17.06.110 Notice of the open record hearing.

17.06.120 Notice of final decision.

17.06.130 Final decision procedural requirements.

17.06.140 Integrated SEPA procedures.

17.06.150 Consolidated permit review.

17.06.160 Consistency review by agencies.

17.06.170 Variances.

17.06.180 Appeals.

17.06.190 Appeals to the Whatcom County superior court.

17.06.010 Purpose.

The purpose of this chapter is to provide an efficient and expeditious process for the review of land use and development proposals. (Ord. 2554 § 3, 2003)

17.06.020 Applicability.

The land use review processes in this chapter shall apply to review procedures required under the Blaine land use and development code to make a decision on public and private activities affecting the use of property in the city. These actions may include but are not limited to administrative decisions, enforcement actions, decisions on land division, zoning variances, zoning amendments, site plan review and appeals of those actions. (Ord. 2554 § 3, 2003)

17.06.030 Exemptions.

A. The following permits or approvals are not subject to the project permit review procedures required under this chapter:

1. Legislative actions (Type III-LEG) subject to BMC Title 16;

2. Landmark designation permits;

3. Street vacation permits under Chapter 35.79 RCW;

4. Street excavation or obstruction permits;

5. Public works utility projects;

6. Public works projects identified in the city’s comprehensive plan;

7. Project approvals on public lands;

8. Other administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW), or for which environmental review has been completed in connection with other project permits, including but not limited to:

a. Administrative enforcement actions;

b. Administrative approval of building permits;

c. Administrative approval of permitted and accessory uses;

d. Exemptions to the regulatory requirements of this title (subdivisions, State Environmental Policy Act (SEPA), shoreline management program (SMP);

e. Administrative approval of boundary line adjustments;

f. Administrative approval of specific binding site plans;

g. Administrative approval of natural resource lands and critical area review;

h. Administrative approval of land disturbance review;

i. Administrative approval of nonconforming uses;

j. Administrative approval of design standards pursuant to Chapter 17.120 BMC;

9. Other project permits, whether administrative or quasi-judicial, that the city council has determined by ordinance or resolution present special circumstances that warrant a different review process.

B. A final decision must be made within 90 days of the stamped submittal date of an application unless the director can show clear evidence of delay on the part of the applicant.

C. Administrative decisions under this section shall be appealable to the hearing examiner consistent with BMC 17.06.180(A). (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.040 Land use final decisions and land use decision types.

A. Land Use Decision Categories. Project applications and final decisions shall be categorized as Type I-ADM, Type II-HE, Type II-PC, Type II-CC or Type III-LEG, and are defined as follows:

1. Type I-ADM. Type I-ADM final decisions are administrative decisions, rulings, and code interpretations made by the director as authorized under the Blaine land use and development code;

2. Type II. Type II final decisions are quasi-judicial decisions and fall under one of three categories as listed and described below. Wherever the term “Type II” is used by itself it shall be construed to include any or all three categories of Type II final decisions.

a. Type II-HE. Type II-HE final decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing and can include project permit approvals and appeals of administrative final decisions;

b. Type II-PC. Type II-PC final decisions are quasi-judicial decisions made by the planning commission following an open record hearing;

c. Type II-CC. Type II-CC final decisions are quasi-judicial decisions made by the city council. With few exceptions, Type II-CC final decisions are closed record decisions based on the record developed at an open record hearing held either by the planning commission or hearing examiner. Type II-CC final decisions include, but are not limited to, decisions regarding land use appeals and on certain types of land use approvals;

3. Type III-LEG. Type III-LEG final decisions are legislative decisions made by city council and are not subject to the review procedures outlined in this chapter. Type III-LEG final decisions for amendments to Blaine’s comprehensive plan are outlined in Chapter 16.04 BMC. Type III-LEG final decisions for amendments to the land use and development code are outlined in Chapter 17.04 BMC.

B. The four flow charts below provide summary information about the characteristics of Type I and Type II decisions, noting, among other things, who makes the final decision and whether an open record hearing is required.

C. Hierarchy of Land Use Decision Types. Land use decision types shall be ranked in order of authority from lowest level to highest as follows: Type I-ADM, Type II-HE, Type II-PC, Type II-CC and Type III-LEG.

D. In the event of uncertainty as to the applicable decision type for a specific permit or approval, the director shall make the final decision.

E. Consolidated Review – Applicable Decision Type. Land use proposals undergoing consolidated review pursuant to BMC 17.06.150 where more than one decision type applies shall be processed under the highest level land use decision type applicable to the proposal.

F. Determination of Land Use Decision Type. Land use decision types shall be assigned to land use permits and approvals within each chapter of this title. (Ord. 2554 § 3, 2003)

17.06.050 Preapplication conference.

A. A project proponent may request a preapplication conference with the city prior to submitting a project proposal for review. The purpose of a preapplication conference is to provide an opportunity for the applicant to discuss a project with the city prior to submitting an application. The objective is to better determine submittal requirements and to clarify applicable policy and regulatory requirements prior to formally submitting a project proposal to the city. The result should be a saving in both costs and time for the applicant.

B. A request for a preapplication conference shall be made using the request forms provided by the director. The request form contains a list of information to be submitted along with the completed request form. The proponent may include additional information beyond that requested. The requested information and any additional information submitted will be used by staff to help prepare for the conference.

C. Upon receipt of a completed request form, the director shall review the submittal information, determine which city agencies should be contacted to have representatives present at the conference and schedule the preapplication conference at a time convenient for all parties.

D. Preapplication review does not constitute acceptance of an application by the director nor does it vest an application. (Ord. 2554 § 3, 2003)

17.06.060 Application submittal information.

A. Applications for a project permit or other types of land use approvals shall be submitted using forms provided by the director.

B. As required by RCW 36.70B.080, submittal requirements for land use approvals are provided in the applicable section(s) of the city of Blaine land use and development code. The submittal requirements form the basis for determining if a particular application is complete. (Ord. 2554 § 3, 2003)

17.06.070 Receipt of application and determination of completeness.

A. Receipt of Applications. Pursuant to RCW 36.70B.070(2), applications are required to meet all submittal requirements and must be complete at the time of submittal. Applications shall be submitted to the director. The director shall verify the payment of any required application fees pursuant to the city of Blaine’s unified fee schedule and note the date of receipt of the application. Receipt of an application does not constitute approval of the proposal or land use action, nor does it signify that the director has determined the application is complete.

B. Determination of Completeness. Within 28 days following receipt of the application, the director shall review the application materials and determine whether the application is complete. An application shall be determined to be complete when the applicant has provided all submittal requirements to the satisfaction of the director.

C. Complete Applications. Pursuant to RCW 36.70B.070(1), for applications determined to be complete, the director shall provide the applicant with written notice that the application is complete. The notice of complete application shall be issued via the U.S. Postal Service or by hand delivery to the applicant. To the extent known by the director, the notice of complete application shall identify other agencies of local, state, regional or federal governments that may have jurisdiction over some aspect of the application.

D. Incomplete Applications. For applications determined to be incomplete, the following applies:

1. Pursuant to RCW 36.70B.070(1), the director shall provide the applicant with written notice either by U.S. Postal Service or by hand delivery that the application was determined to be incomplete. The notice shall be postmarked or hand delivered no later than 28 days from the date the application was received. The notice shall include a description of the information or items that are needed to complete the application;

2. The applicant shall have 90 days from the date on the written notice to submit the necessary information to the director.

a. If the applicant does not submit the necessary information to the director in writing within the 90-day period, the director shall mark the application as void and return the application to the applicant.

b. Prior to the expiration of the 90 days, the applicant may make a written request for an extension of time to submit the required materials. Upon finding that the applicant has made a substantial effort to provide the necessary application materials, the director may grant additional time, up to an additional 90 days, to submit the required information.

3. Pursuant to RCW 36.70B.070(4), upon receipt of additional information, the director shall have 14 days to make a new determination that the application is complete.

a. If the application is determined to be complete, written notice shall be provided to the applicant in the manner specified in subsection C of this section.

b. If the application is determined to be incomplete, the director shall mark the application as void and return the application with a notice that the application is not complete. The notice shall identify the reason(s) for the determination. In such a case, a new application with new fees will be required for the project and a new application date assigned.

E. No application for a project permit or other land use approval will be considered vested until a notice of complete application has been issued to the applicant by the director stating that the application is complete.

F. Additional Information. Pursuant to RCW 36.70B.070(2), a determination of completeness shall not prevent the director from requiring additional information or studies that may be necessary to demonstrate compliance with city regulations.

G. Pursuant to RCW 36.70B.070(4)(a), a project permit application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete within 28 days from the date of submittal as required in this section. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.080 Vesting of applications.

A. Applications shall be considered in effect on the date a written notice of complete application is mailed or hand delivered. The director’s issuance of a written notice of complete application as provided in this chapter, or the failure of the director to provide such a written notice as provided in this chapter, shall cause an application to be conclusively deemed vested.

B. Supplemental information required after vesting of a complete application shall not affect the validity of the vesting for such application unless the information is requested because incorrect information is submitted by the applicant and if the incorrect information would materially affect the final decision on the application.

C. Modifications required by the director to a pending application, other than those set forth in subsection B of this section, shall not be deemed a new application and shall not affect vesting.

D. An applicant-requested modification occurring either before or after issuance of the permit shall eliminate vesting, when such modification would result in a substantial change in a project’s review requirements, as determined by the director. Under such a condition, the application will be deemed a new application. Examples of a substantial change include modifications resulting in a different type of decision, i.e., Type I to Type II or a change requiring a new SEPA threshold determination. Modifications that reduce the scope of a proposal or reduce environmental impacts would not be considered a substantial change.

E. Building permits that may subsequently be required to construct or complete a vested land use project shall be considered new applications under the building code and shall be subject to the edition of the building code in place at the time of application.

F. Nothing herein shall restrict the director’s authority to impose conditions on project permits pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW and WAC 197-11-600.

G. Nothing herein shall be construed to restrict the director’s ability, to the extent otherwise permitted by law, to apply new regulations to a project permit or project permit application upon a finding that a change in conditions creates a serious threat to the public health and safety. (Ord. 2554 § 3, 2003)

17.06.090 Land use decision time periods.

A. Type I-ADM Land Use Final Decisions.

1. Type I-ADM land use final decisions for a proposal that is exempt from environmental review under SEPA or for which environmental review under SEPA has been completed shall be issued within 90 days of the date of the written notice to the applicant that the application is complete.

2. Type I-ADM land use final decisions for a proposal that requires environmental review under SEPA shall be issued within 120 days of the date of the written notice to the applicant that the application is complete.

B. Type II Land Use Final Decisions. Type II land use final decisions other than appeals shall be issued within 120 days of the date of written notice to the applicant that the application is complete.

C. In determining the number of days that have elapsed after an application is determined to be complete, the following time periods shall be excluded:

1. Any period during which the applicant has been required by the director to correct plans, perform required studies, or provide additional and required information. Such period shall be calculated from the date the director notifies the applicant of the need for additional information until the date the director receives the additional information. Pursuant to RCW 36.70B.070(4), the director shall have 14 days after the date the information has been provided to determine adequacy of the information and make a determination of completeness; or

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW and Chapter 17.80 BMC; or

3. The period of time during which an administrative appeal affecting the proposal was heard and decided upon subject to the time limitations of BMC 17.06.180(E) and (F); or

4. Any period in which the applicant has not met public notification requirements of BMC 17.06.100; or

5. Any period of time mutually agreed upon in writing by the applicant and the director.

D. The time limits established by subsections A and B of this section shall not apply if the application for a land use decision:

1. Requires an amendment to the city of Blaine comprehensive plan or the Blaine Municipal Code; or

2. Involves the siting of an essential public facility; or

3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.

E. The director shall not be liable for damages for failure to make a final decision within the time limits established under this section. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.100 Notice of application requirements.

A. The director shall ensure that a notice of application is published or posted for each of the land use decision types in accordance with this section. The applicant shall post notice of application and meet other notification requirements as determined by the director. Table A provides a summary of notice requirements.

Table A

Notice of Application Requirements 

Notice Requirements	Type I ADM w/o SEPA	Type I ADM w/SEPA	Type II PC, HE and CC
Required Timing of Notification
Within 10 days of application submittal	X
Within 14 days of the determination of completeness		X	X
Within 14 days prior to a hearing			X
Required Methods
Post notice at City Hall	X	X	O
Post notice on city’s web site	X	X	O
Erect sign(s) on subject property			X
Published in newspaper designated by city council			X
Mail notice to adjacent owners (within 300 feet)			X
Required Contents
Applicant name	X	X	X
Date of application	X	X	X
Brief description of proposed project	X	X	X
Date of the notice of application			X
List of project permits or other required approvals			X
List of studies requested by the city			X
Deadline for filing comments			X
Requesting a notice of any required hearings			X
Date, time, place and type of hearing			X
Requesting a notice of final decision			X
Notice of the right to appeal and to whom			X
Optional determination of nonsignificance			o
X – Required O – Optional o – Only if applicable

B. Type I-ADM Applications without SEPA Review. When an application is exempt from a SEPA threshold determination, a notice of application shall be immediately posted by the director on the city’s web site and at City Hall for a period of 10 days from application submittal. The notice shall be placed in a prominent location and contain at a minimum the following information:

1. Name of applicant;

2. Date of application;

3. A description of the project proposal.

C. Type I-ADM Applications with SEPA Review. A notice of application for a Type I-ADM project permit not exempt from a SEPA threshold determination shall comply with the notification and content requirements contained in Chapter 197-11 WAC.

D. Type II Applications. A notice of application for Type II project permit applications shall be provided through publication, mailing, and posting of the subject property. A notice of application shall contain the following information:

1. The name of the applicant and date of application;

2. Date of the notice of application;

3. A brief description of the project, a list of project permits or other approval requests included in the application and a list of any studies requested by the city;

4. A summary of procedures and a deadline for filing comments, requesting notice of any required hearings, receiving decisions and any appeal procedure;

5. The date, time, place and type of hearing;

6. If applicable, a statement that the optional determination of nonsignificance (“DNS”) process is being used and that the public comment period may be the only opportunity to comment on the environmental impacts of the project.

E. Posting a Notice of Application. When posting a notice of application on the property, the following shall apply:

1. A notice of application shall be posted no later than one day after the date of publication. The director shall determine the location and number of signs necessary to ensure that adequate public notice is provided;

2. Sign(s) shall be maintained by the applicant until a final decision is made on the application, when it shall be promptly removed by the applicant;

3. Signs shall be at least one and one-half feet by two feet in size.

F. Publishing a Notice of Application. A notice of receipt of an application shall be published once in a newspaper officially designated by the city council for such purposes within the city.

G. Mailing a Notice of Application. When mailing the notice of application, the following shall apply:

1. A notice of application shall be sent by the applicant by certified mail to:

a. Property owners of record as shown in the records of the Whatcom County assessor’s office in the area within 300 feet of the external boundaries of the site;

b. Those persons who requested a mailed notice of application pursuant to BMC 16.04.130;

2. Notice shall be placed in the mail no later than the date of publication of the notice;

3. If the site adjoins a state highway, a notice of application shall be mailed to the State Department of Transportation;

4. If a site adjoins another jurisdiction, a notice of application shall be mailed to that jurisdiction;

5. The applicant shall provide proof of certified mailing to the director within 24 hours of mailing;

6. Mailed notice shall be considered supplementary to posted and/or published notice and be deemed satisfactory despite the failure of one or more owners to receive the mailed notice sent to addresses of record.

H. Time Limits for Notices of Applications. Notice of the Type II applications shall be sent for publication, mailed and posted by the director within 14 days following the director’s determination that the application is complete. A public comment period of 14 days shall be provided, except as otherwise provided in Section 7.6.2 of the city of Blaine shoreline program. The public comment period shall commence on the date of publication. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.06.110 Notice of the open record hearing.

A. Notice of the open record hearing shall be as follows:

1. A notice of the hearing providing the location and a general description of the proposed project shall be published at least 10 days prior to the hearing date in a newspaper officially designated by the city council for such purposes;

2. A written notice of the hearing shall be mailed to any person, agency, or organization that requests in writing notice of the hearing during the public comment process provided for in BMC 17.06.100;

3. A written notice of the hearing shall also be provided to any organization or individual who has requested, in writing, to receive notice of all land use applications encompassed by this chapter; provided, that the city may charge a reasonable fee for such notice.

B. If the posted notice of application required under BMC 17.06.090 does not include the time and date of the hearing, a notice of the hearing shall be added to the posted notice of application at least 10 days prior to the date of the hearing. (Ord. 2554 § 3, 2003)

17.06.120 Notice of final decision.

Notice of a final decision shall be as follows:

A. Notice of a Type I-ADM final decision will be provided by first class mail to the applicant and any person, agency, or organization who, prior to rendering the decision, requests in writing notice of the decision, and for decisions with SEPA threshold determinations, any person or agency entitled to notice pursuant to WAC 197-11-340 or 197-11-355, as applicable; and

B. Notice of a Type II Final Decision. Not later than three working days following the rendering of a written decision, copies of the decision shall be mailed to the applicant and to other parties of record in the case. (Ord. 2554 § 3, 2003)

17.06.130 Final decision procedural requirements.

A. Type I Decision Procedures. Type I-ADM final decisions are issued by the director. The decision of the director shall be based on staff reports, agency reports, comments received during the review period, the requirements of the BMC, and all other relevant facts and information needed to determine compliance.

1. The director’s final decision shall be as follows:

a. Approval;

b. Disapproval specifying reasons for disapproval; or

c. Grant preliminary approval subject to conditions and completion of specified improvements.

B. Type II Decision Procedures. Procedures for Type II final decisions are as follows:

1. Upon making a determination of complete application, the director shall schedule a date for an open record hearing decision before the appropriate hearing body based on the type of decision under consideration and provide notice as set forth in BMC 17.06.100;

2. The director shall coordinate and assemble the review of other city departments having an interest in the Type II decision and shall prepare a consolidated staff report;

3. The staff report shall be mailed to the applicant, parties of record, and made available for public inspection. The staff report will:

a. Address the proposed development or action, summarizing the comments and recommendations of city departments, affected agencies, special districts, and public comments received within the 14-day comment period for the notice of application; and

b. Include the results of the consistency review conducted pursuant to BMC 17.06.160.

C. Open Record Hearing Requirements. For a Type II final decision requiring an open record hearing:

1. An open record hearing shall not be held sooner than 14 days after the date of publication of the notice of application;

2. The city shall hold no more than one open record hearing; and

3. The hearing body shall have the power to administer oaths, preserve order, and to issue summons for and compel the appearance of witnesses and production of documents and materials.

D. Type II Final Decisions.

1. The hearing body shall render a written decision within 14 days of the conclusion of an open record hearing unless a longer period is agreed to in writing by the applicant;

2. The decision shall include findings based upon the record and conclusions that support the decision;

3. Such findings and conclusions shall set forth the manner by which the decision or recommendation would carry out and conform to the city’s comprehensive plan, other adopted policies and objectives, zoning, and this chapter;

4. A final decision may be to grant, deny, or grant with such conditions, modifications, and restrictions as the hearing body finds necessary to make the application compatible with the environment and ensure compliance with the comprehensive plan, shoreline master program, State Environmental Policy Act, the city code and other ordinances found applicable. Examples of the kinds of conditions, modifications, and restrictions which may be imposed include, but are not limited to, additional setbacks, screenings in the form of fencing or landscaping, restrictive covenants, easements, dedications of additional rights-of-way, performance bonds, and measures to mitigate identified adverse environmental impacts associated with the proposed action;

5. Not later than seven working days following the rendering of a written final decision, copies of the decision shall be mailed to the applicant and to other parties of record in the case and notice shall be published, by the director, once in a newspaper officially designated by the city council for such purposes; and

6. With the exception of Type II-CC final decisions, all written final decisions shall provide notice of the right to an appeal of the final decision, if such appeal is allowed, and the manner and the time limits under which an appeal may be filed. Type II-CC final decisions are subject to judicial appeal as provided in BMC 17.06.190. There is no administrative appeal of a Type II-CC final decision. (Ord. 2554 § 3, 2003)

17.06.140 Integrated SEPA procedures.

A. An application for approval shall comply with the notification requirements of Chapter 43.21C RCW, the State Environmental Policy Act (SEPA), Chapter 197-11 WAC, and Chapter 17.80 BMC.

B. Except for a determination of significance (DS) and except as otherwise expressly allowed by RCW 36.70B.110, the director may not issue a threshold determination until the expiration of the public comment period for the notice of application.

C. A determination of nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS) for a Type I final decision shall be issued after the public comment period at the same time that the decision is made on the underlying permit.

D. If the city has made a determination of significance (“DS”) under Chapter 43.21C RCW prior to the issuance of the notice of application, the notice of the DS shall be combined with the notice of application and the scoping notice.

E. For Type I final decisions for which a DS is issued, a decision on the application shall be made no sooner than seven days and no later than 14 days after issuance of the final EIS.

F. For Type II final decisions, the SEPA threshold determination shall be issued at least 15 days prior to the open record hearing scheduled for the application.

G. The public comment period following the notice of application as provided in BMC 17.06.090(B) shall constitute the integrated comment period under the optional DNS procedure set forth in WAC 197-11-355. (Ord. 2554 § 3, 2003)

17.06.150 Consolidated permit review.

A. Pursuant to RCW 36.70B.120, the director may integrate and consolidate the review and decision on two or more project permits for the same site, subject to this chapter, that relate to the proposed project action.

B. A determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.

C. The consolidated permit review may combine an open record hearing on one or more permits with an open record appeal hearing on other permits.

D. The director shall be the designated permit coordinator for consolidated review. (Ord. 2554 § 3, 2003)

17.06.160 Consistency review by agencies.

A. Pursuant to RCW 36.70B.040(1), each project permit application will be reviewed by the director to determine consistency with the adopted comprehensive plan and development regulations.

B. Consistency shall be determined by consideration of the following four project characteristics in relationship to adopted comprehensive plan policies and development regulations:

1. Type of land use;

2. The level of development, such as units per acre or other measure of density;

3. Infrastructure, including public facilities and services needed to serve the development; and

4. The character of the development including, but not limited to, design features and critical area impacts.

C. Applications for proposals that will affect drainage, roads and/or public utilities shall be referred to the public works department. The public works director shall notify the director that the proposed roads, utilities, drainage facilities, and other improvements can or cannot conform to adopted development standards and the application complies with the concurrency requirements.

D. For applications with legal descriptions that have not been prepared by a land surveyor licensed in the state of Washington, the director shall, in such manner as he or she deems appropriate, establish the adequacy of legal descriptions.

E. The conclusions of a consistency determination by the director shall be documented in the project permit decision or staff report to the hearing body responsible for a final decision on the proposal. (Ord. 2554 § 3, 2003)

17.06.170 Variances.

A. The planning commission shall have the power and duty to authorize a variance from the terms of the area and dimensional regulations of this title when the request is consistent with the public interest and where, due to special conditions, literal enforcement of the provisions of this code would result in unnecessary hardship.

B. A variance from the terms of this title shall be granted by the planning commission when a written application for a variance is submitted demonstrating all of the following:

1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;

2. That literal interpretation of the provisions of this division would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this division;

3. That the special conditions and circumstances do not result from the actions of the applicant; and

4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this division to the other lands, structures or buildings in the same district.

C. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.

D. The following steps are required for consideration of a variance:

1. Notice of public hearing shall be given consistent with the timelines established in this chapter;

2. The planning commission shall hold an open record hearing addressing the variance request in conjunction with related permit applications or project proposals;

3. The planning commission shall make findings that all of the requirements of subsections (B)(1) through (4) of this section are met;

4. The planning commission shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; and

5. The planning commission shall further make a finding that the granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

E. Repealed by 2692.

F. In granting any variance, the planning commission shall set the expiration date at 12 months from issuance. If establishment or construction of the variance conditions has not commenced within this 12-month period, the applicant may reapply for a new variance permit. The planning commission may extend the expiration date by one six-month period upon written request and evidence that the applicant intends to activate the permit within that time limit.

G. Under no circumstances shall the planning commission grant a variance to allow a use not permitted under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this division in the district. Variances shall be limited to the area and dimension requirements of this division. (Ord. 2692 § 3(3), 2008; Ord. 2554 § 3, 2003)

17.06.180 Appeals.

A. Type I-ADM Final Decisions. Type I final decisions, when provided in writing, shall be final and conclusive unless a statement of appeal is filed by the applicant, a department of the city, or any aggrieved person in the manner set forth below:

1. A statement of appeal shall be in writing and include a brief statement of the matter being appealed and the basis for the appeal;

2. The statement shall be submitted to the director, filed with the appropriate city hearing body and shall be accompanied by a fee pursuant to the city’s unified fee schedule within 14 days of the issuance of the formal written decision. The appropriate hearing body shall be determined by the director based on the matter under appeal;

3. The applicant may choose to submit a more comprehensive statement setting forth in detail alleged errors and/or the basis for appeal. This statement must be submitted by the appealing person within 30 days following the issuance of the final decision;

4. The appeal of a Type I decision shall be an open record appeal.

B. Type II Final Decisions – Hearing Examiner or Planning Commission. Type II final decisions made by the hearing examiner or planning commission shall be final and conclusive unless within 14 days following the mailing of such decision a written statement of appeal is filed with the city council by the applicant, a department of the city, or party of record, who is also an aggrieved person. The statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee pursuant to the unified fee schedule; provided, that such appeal fee shall not be charged to a department of the city or to other than the first appellant. The appeal of a Type II decision shall be a closed record appeal.

C. Type II Final Decisions – City Council. Type II final decisions made by the city council shall be final and conclusive unless a timely judicial appeal is filed with the superior court of Whatcom County pursuant to BMC 17.06.190.

D. The timely filing of an administrative appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant.

E. Within seven days following the timely filing of an appeal, notice thereof and of the date, time, and place for the open record appeal hearing or closed record appeal action, as appropriate, shall be mailed to the applicant, the appellant, and to all other parties of record. Such notice shall provide a general description of the appeal and of the property location, and shall additionally indicate whether written and/or oral testimony will be accepted or whether the appeal is a closed record appeal.

F. A final decision on the appeal shall be rendered no later than 90 days after the timely filing of an appeal.

G. Type II-HE and Type II-PC final decisions on shoreline substantial development permits, conditional use permits and variances are appealable pursuant to Chapter 90.58 RCW and Chapter 17.92 BMC and not as provided in this chapter. (Ord. 2554 § 3, 2003)

17.06.190 Appeals to the Whatcom County superior court.

A. Appeals from the final decision of the city council on a land use decision shall be made to Whatcom County superior court within 10 days of the date the decision or action became final by filing both a petition for review in the Whatcom County superior court and serving the petition on all necessary parties in conformity with the requirements of the State Land Use Petition Act, Chapter 36.70C RCW.

B. Notice of the appeal and any other pleadings required to be filed with the court shall be served to the city clerk, the director, and city attorney within the applicable time period. This requirement is jurisdictional.

C. The cost of transcribing and preparing all records ordered, certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant.

D. No land use decision shall be deemed a final decision by the city and subject to judicial appeal until all available administrative appeals of the decision allowed by city code have been completed. Failure of a person to timely file an administrative appeal, if such is available, of a land use decision shall preclude further administrative or judicial review of the decision. (Ord. 2554 § 3, 2003)

Chapter 17.06A
DESIGN REVIEW

Sections:

17.06A.010 Purpose.

17.06A.020 Applicability.

17.06A.030 Design review and approval – Central Business District.

17.06A.040 Design departures.

17.06A.050 Modifications.

17.06A.060 Lapse of approval.

17.06A.070 Appeals.

17.06A.010 Purpose.

A. The purpose of this chapter is to provide a quick and efficient process for the review of proposed developments, activities or uses that require the application and compliance of the city’s design standards.

B. The design review process is structured to allow the city and the applicant to work closely and cooperatively to comply with relevant design standards and to allow for creative design and diversity of project architecture. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.020 Applicability.

A. All development in the Central Business District shall comply with the design standards pursuant to the following chapters:

1. Chapter 17.120 BMC, Downtown Design Standards (BMC 17.120.020, Adoption and applicability).

2. Chapter 17.119 BMC, Wharf Zoning District Design Standards (BMC 17.119.020, Applicability).

B. Design review within the Central Business District shall be undertaken pursuant to BMC 17.06A.030 when required.

C. When design review is required, the applicant must demonstrate compliance with relevant design standards before a building permit can be approved and issued by the city. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.030 Design review and approval – Central Business District.

A. Design Review Authority.

1. Design review for structures within the Central Business District – Market and Transition districts shall be undertaken by a third-party review specialist (a private sector licensed architect) and the community development director.

2. Design review for projects within the Central Business District – Wharf district shall be undertaken by a third-party review specialist, a representative from the Port of Bellingham, and the community development director.

3. The review specialist must be a licensed architect and selected by the city council for a one-year term.

4. The review specialist shall charge an hourly fee for design review services agreed to under contract.

5. The applicant shall compensate the city for expenses incurred for project-specific design review.

6. The community development director shall fully consider final recommendations of the review specialist before making a final determination of design compliance.

B. Pre-Design Clarification. An applicant is encouraged to meet with the director prior to submitting a project proposal for design review to discuss a project concept, establish which design standards apply to the proposed development, and to determine what drawings, perspectives or other materials the applicant will need to submit with the design review application.

C. Design Review Submission.

1. If a development permit is required, the applicant shall submit to the community development services department a conceptual design review application and three sets of related material as an integrated element of the development permit application.

2. If no development permit is required, the applicant shall submit an independent design review application with three sets of related material prior to submitting an application for a building permit.

D. Design Review.

1. Upon receipt of a complete conceptual design review application, the director will schedule a review meeting within 10 working days of the submission of a complete application. The applicant is encouraged to attend the meeting.

2. The review team shall review the conceptual design review application materials for compliance with the relevant design standards and policy direction and either approve, conditionally approve or deny the proposal.

3. The terms of design review approval will become conditions of approval applying to each subsequent development permit. No subsequent development permit will be issued unless it is consistent with the design approval.

4. The director shall send written notice of decision to the applicant and all other parties who participated in the conference(s) within five working days of the approval. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.040 Design departures.

A. If a design departure is requested by the applicant, the design review decision, including the requested design departure, shall be reviewed and decided upon using the process contained in BMC 17.06A.030.

B. The director may grant a design departure only if the director finds that the following requirements are met:

1. The design departure request results in superior design and fulfills the policy basis for the applicable design standards;

2. The design departure will not have any substantial detrimental effect on nearby properties and the city or the neighborhood. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.050 Modifications.

The director may independently approve a modification to a final design if:

A. The modification is minor and will not, in any substantial way, change the proposed development or violate any requirement contained in the design approval decision; and

B. The development that will result from the modification will be consistent with the design standards and comprehensive plan. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.060 Lapse of approval.

A. Unless otherwise specified in the decision granting design review approval, the applicant must begin construction or submit to the city a complete building permit application for development of the subject property consistent with the design review approval within one year after the final design approval or that final decision becomes void. The applicant must substantially complete construction consistent with the design review approval and complete all conditions listed in the final design review approval within three years or the final decision becomes void. “Final decision” means the final decision of the director.

B. Extensions. The applicant may apply for a one-time extension, of up to one year, of the time limits under subsection A of this section. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)

17.06A.070 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2674 § 7, 2007; Ord. 2673 § 2, 2007; Ord. 2600 § 4, 2005)

Chapter 17.07
SITE PLAN REVIEW

Sections:

17.07.010 Intent.

17.07.020 Applicability.

17.07.030 Contents of complete site plan review application.

17.07.040 Site plan review and approval procedures.

17.07.050 Amendments to an approved site plan.

17.07.060 Expiration of an approved site plan.

17.07.070 Fees.

17.07.080 Other permits and approvals.

17.07.090 Appeals.

17.07.010 Intent.

The intent of this chapter is to provide a mechanism for evaluating proposed land use activities and construction projects in the city which require a minimum of up-front expenditure on the part of the applicant. The review utilizes a basic site plan, basic floor plan, and basic exterior elevations submitted by the applicant to determine compliance with city zoning and other development policies and regulations, as well as identify public improvements that may be required. The site plan review process is designed to coordinate and communicate the various requirements of the city to the applicant in a consolidated manner, and provide the applicant with guidance in the preparation of more detailed civil or building construction drawings. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.020 Applicability.

A. Site plan review is a Type I administrative decision, and is required in addition to any other permit review and approvals required by the city or other agencies. However, site plan review shall be conducted, to the extent possible, concurrently with any permit and environmental review process required by city code.

B. Site plan review and approval under this chapter shall be required prior to the use of land for commercial, multifamily residential, industrial, or public purpose, including associated activities or structures.

C. Site plan review, as provided for in this chapter, is required for new construction, substantial improvements to existing buildings, and changes in use which increase associated requirements such as parking.

D. Based on the type of land use and/or the scale and complexity of the proposed project, the director may, at his/her discretion, waive the requirement for site plan review or waive one or more of the required elements of a complete application as described in BMC 17.07.030.

E. Site plan review, as provided for in this chapter, is not required for the following:

1. One- and two-family residences.

2. Alterations, additions or remodels of one- and two-family residences.

3. Shops, garages, sheds, decks, porches or similar structures intended to serve single-family residences.

4. Manufactured homes.

5. Signs.

6. Plats, short plats, binding site plans, and boundary line adjustments.

7. Other minor land use or construction activity, as determined by the community development director.

F. The site plan review process, as provided for in this chapter, may be required by the community development director to effect detailed review of development applications that may have been previously approved at a conceptual level, such as planned unit developments or conditional use permits. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.030 Contents of complete site plan review application.

Site plan review application forms shall be provided by the community development services department. Site plan review shall commence upon submittal of a complete site plan review application, together with accompanying documents and plans as follows:

A. Legal Description.

1. Title report or equivalent document as determined by the community development director that contains a complete legal description of the property, descriptions of any easements or other encumbrances that may impact the development or use of the property.

2. The completeness and accuracy of this information is the responsibility of the applicant.

B. Site Plan.

1. Applicant name and address.

2. A project summary box including, at a minimum, the following information: legal description; assessor’s parcel number(s); site address; city zoning; site area; lot coverage; building gross floor area; square footage of activity areas by use; number of parking spaces; and impermeable surface area.

3. Vicinity map, north arrow, and scale indicated.

4. Property lines with corners and dimensions shown.

5. Easements and rights-of-way.

6. Existing and/or proposed frontage improvements.

7. Existing and/or proposed utilities, including storm water facilities.

8. Existing buildings and structures, including structures on adjacent lots within 10 feet of the property line.

9. Proposed structures including setbacks from property lines.

10. Existing and/or proposed ingress and egress, including dimensions of driveways and curb cuts.

11. Existing and/or proposed parking and loading areas including number of spaces (including handicap spaces), dimensions of spaces, aisle widths, etc.

12. Other existing and/or proposed physical improvements on the site such as fences, signs, area lighting, landscaping, etc.

13. Natural features such as significant stands of trees, streams, wetlands, steep slopes, etc.

14. If the site is not basically level, a concept plan showing existing topography and proposed grading.

15. Phasing plan, if applicable.

16. Design review information pursuant to Chapters 17.06A, 17.120, and 17.121 BMC, if applicable.

C. Floor Plan.

1. Exterior dimensions.

2. Dimensions and square footages of identified use areas by type.

3. Location of doors and windows.

4. Interior walls and partitions.

D. SEPA environmental checklist if the project is subject to SEPA review. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.040 Site plan review and approval procedures.

The site plan, once approved, establishes the spatial relationships between all the various elements of a development project. As such, all subsequent plans, whether they be landscape plans, civil construction drawings, or building plans, must be consistent with the approved site plan. For this reason, while associated construction drawings may be submitted concurrently with a site plan review application, they are generally not reviewed prior to approval of the site plan. The site plan review and approval procedures include:

A. Submittal of a complete site plan review application consistent with the provisions of BMC 17.07.030.

B. All site plan review applications shall be submitted concurrently with or prior to the submittal of building permit or land disturbance permit applications. Site plan review shall be coordinated with the review of associated development applications to the extent practicable.

C. Following the submittal of a complete site plan review application, the technical review committee shall place the application on the next available agenda for review by the committee. The TRC shall review the application for compliance with city zoning, environmental review requirements, and development policies, plans, and regulations that may be applicable to the proposed project.

D. The TRC may conduct preapplication review upon request. Such preapplication requests shall be submitted on forms provided by the community development services department, and scheduled for review in the same manner as complete site plan review applications.

E. Following each TRC meeting, minutes shall be prepared by the city which summarize the meeting content. Minutes shall be provided to applicants upon request, and are meant to augment and not replace the applicant’s responsibility for taking notes or otherwise recording the information provided by the TRC during the meeting.

F. After considering TRC minutes and comments, the approving authority shall complete a site plan review response letter indicating any revisions or additions to the site plan that are necessary in order to achieve compliance with city standards and requirements. In addition, the site plan review response letter shall clearly indicate which conditions of approval must be completed prior to issuance of building permits, and which conditions of approval must be completed prior to issuance of occupancy certificates. The letter shall be mailed to the applicant.

G. The applicant shall make any required revisions or additions to the site plan and return it to the community development services department for final approval and stamping.

H. The community development director shall approve the site plan when it is determined that the plan is consistent with the Blaine comprehensive plan, zoning, and development regulations. The director shall distribute stamped approved copies of the site plan to the applicant, public works department, building division, fire district, and other persons, departments, or agencies as appropriate.

I. No final certificate of occupancy shall be issued for any building until such time as all required conditions of approval have been completed, except that temporary certificates of occupancy may be issued upon the posting of a bond or other suitable financial surety adequate to insure the completion of all required conditions of approval. (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004)

17.07.050 Amendments to an approved site plan.

All amendments to an approved site plan shall be processed in the same manner as identified in BMC 17.07.040, except that, depending on the extent or complexity of the amendments, the community development director may waive one or more elements of the procedures identified in BMC 17.07.040. Upon approval and stamping of an amended site plan, the community development director shall distribute the amended site plan in the same manner as identified in BMC 17.07.040(H). (Ord. 2680 § 1, 2007; Ord. 2600 § 5, 2005; Ord. 2575 § 3, 2004. Formerly 17.07.060)

17.07.060 Expiration of an approved site plan.

An approved site plan shall be valid for one year from the date of approval, after which it shall expire and be considered null and void, provided that:

A. The approved site plan may be extended once for an additional period not to exceed one year upon written request of the applicant which includes the reasons for the requested extension. The written request shall be submitted to the community development director and postmarked prior to the date of the expiration of the approved site plan in order to be considered. The director shall grant such requests only upon a showing by the applicant that he is likely to resolve outstanding issues which have precluded initiation of the project by the submittal of a building permit application.

B. If a complete building permit application for the proposed project is submitted within one year of the date of approval of the approved site plan, or the expiration date as approved under subsection A of this section, the approved site plan shall expire on the same date as the building permit expires, if that should occur. (Ord. 2680 § 1, 2007)

17.07.070 Fees.

The fee for site plan review shall be as provided in the city’s fee ordinance. Any and all additional costs associated with the review of the application, including city costs associated with retaining consultants to provide third-party review of the application, shall be paid by the applicant prior to the time the cost is incurred. The community development director may require the applicant to deposit funds with the city to be used to pay for necessary third-party review. (Ord. 2680 § 1, 2007)

17.07.080 Other permits and approvals.

Nothing in this chapter shall preclude or eliminate the need to obtain other permits or pay fees in accordance with any other requirements identified in this code. (Ord. 2680 § 1, 2007)

17.07.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Division 2. Enforcement

Chapter 17.08
VIOLATIONS AND ENFORCEMENT

Sections:

17.08.010 Purpose.

17.08.020 Violations.

17.08.030 Enforcement and penalties.

17.08.040 Stop work orders.

17.08.050 Enforcement officer designated.

17.08.060 Appeals.

17.08.010 Purpose.

The purpose of this chapter is to set out enforcement procedures for violations of this title, and to establish an enforcement officer who shall be responsible for carrying out the procedures set forth herein. (Ord. 2628 § 2, 2006)

17.08.020 Violations.

A. Civil Infractions. As provided in BMC 17.02.030(B), no use or structure shall be established, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title. As established in Chapter 7.80 RCW a person or business that violates the requirements of this title shall be guilty of a civil infraction. The offender shall be subject to the penalties set forth in BMC 17.08.030 unless otherwise addressed under subsection B of this section.

B. Gross Misdemeanor Violations. As established in RCW 58.17.300, any person, firm, corporation or association or any agent of any person, firm, corporation, or association who violates the provisions of this title relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land shall be guilty of a gross misdemeanor. Each sale, offer for sale, lease, or transfer of each separate lot, tract or parcel of land in violation of any provisions of this title shall be deemed a separate and distinct violation. (Ord. 2628 § 2, 2006)

17.08.030 Enforcement and penalties.

A. A person or business found to have committed a civil infraction (class 1, pursuant to RCW 7.80.120) shall be assessed a monetary penalty.

B. The maximum penalty and the default amount for such violations shall be $250.00 as specified in RCW 7.80.120.

C. The procedure for the enforcement of violations shall be consistent with the procedure established in Chapter 7.80 RCW.

D. After having been found to have committed two successive civil infractions for violations of the same provisions of this title on the same property, any person, firm, company or corporation who continues to violate this title in the same manner on the same property shall be subject to criminal penalties including a fine of not more than $500.00 together with costs of action, and imprisonment for a period of not more than six months.

E. In addition to the civil and criminal remedies provided above, the city or the owner or the owner’s land affected by violations of the provisions of this title may bring such injunctive, declaratory or other action as deemed necessary to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this title. (Ord. 2628 § 2, 2006)

17.08.040 Stop work orders.

The city may stop work on any existing permits and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this title until there is compliance with this chapter and all penalties are paid in full. (Ord. 2628 § 2, 2006)

17.08.050 Enforcement officer designated.

The director of community development is hereby designated the enforcement officer for the purposes of this chapter and as provided in RCW 7.80.040. The director may designate additional enforcement officers in writing and shall provide the city manager, the police chief and the city attorney with the names of persons so designated. (Ord. 2628 § 2, 2006)

17.08.060 Appeals.

A. Civil infractions shall be appealable to the hearing examiner pursuant to BMC 17.06.180, Appeals.

B. Gross misdemeanor violations shall be appealed pursuant to RCW 58.17.300. (Ord. 2628 § 2, 2006)

Division 3. Zoning Districts

Chapter 17.10
ZONING DISTRICTS AND MAP

Sections:

17.10.010 Zoning districts established.

17.10.020 Recording of boundaries.

17.10.030 Official zoning district map.

17.10.040 Appeals.

17.10.010 Zoning districts established.

In order to regulate uses of land, buildings and structures in conformance with the policies of the Blaine comprehensive land use plan, the city is divided into the following zoning districts:

M	Manufacturing
MPR	Marine planned recreation
CB	Central business
CB – M	Market
CB – W	Wharf
CB – T	Transition
HC	Highway commercial
R/O	Residential/office
RH	Residential high-density
RM	Residential medium-density
SF-2	Single-family attached
SF-1	Single-family detached
RL	Residential low-density
RPR	Residential planned recreation
PR	Planned residential
PC	Planned commercial
PUB	Public
AO	Adult entertainment overlay

(Ord. 2692 § 3(3), 2008; Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.10.020 Recording of boundaries.

Boundaries of the land use districts referred to in BMC 17.10.010 shall be determined and defined, or redefined from time to time, by adoption of amendments (rezones) to the zoning ordinance, by a map or maps showing the geographical area and location of the districts. The map or maps shall be filed with the city clerk and be permanently displayed at a location available to the public. Each zoning district map shall be, upon final adoption, a part of this title and the ordinance codified herein. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.10.030 Official zoning district map.

This division consists of the text hereof and official zoning district map signed by the mayor and city clerk. The original map is to bear the same date as the ordinance codified in this division. Subsequent amendments, dates and changes shall be listed on a duplicate copy of the original zoning district map. The zoning district map has been examined in detail and approved by the city council after having been recommended by the review authority and is adopted as a part of this title. If any conflict arises between the map and the text of this title, the text shall prevail. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.10.040 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.12
GATEWAY (MIXED USE) ZONING DISTRICT

Sections:

17.12.010 Purpose of the gateway zoning district.

17.12.020 Uses subject to administrative approval (allowed by right).

17.12.030 Uses subject to a public hearing and planning commission approval.

17.12.040 Uses subject to a public hearing, planning commission recommendation and city council approval.

17.12.050 Accessory uses.

17.12.060 Uses prohibited in the gateway zoning district.

17.12.070 Site requirements.

17.12.080 Use standards.

17.12.090 Design standards.

17.12.100 Performance standards.

17.12.110 Performance standard enforcement.

17.12.120 Violations.

17.12.130 Appeals.

17.12.010 Purpose of the gateway zoning district.

The purpose of the gateway district is to encourage the development of a safe and compatible mix of commercial, office and light industrial uses immediately adjacent to SR 543, without compromising the safety of the neighboring student population, imposing hazards and nuisances on the community, or degrading the environment.

A primary function of this district is to encourage the location of businesses that can service cross-border traffic from SR 543 and related business activity and to function as a gateway to the city’s industrial district. To that end, development of this district must incorporate the early extension of Boblett Street to the east and its designation as the commercial traffic corridor from SR 543 to Odell Road.

Orderly and safe traffic circulation is a priority goal in this district. In order to achieve this goal, construction, manufacturing, wholesale trade, transportation and warehousing businesses should be accessed from Boblett Street. East/west pedestrian crossings at the intersection of SR 543 and Boblett Street should be minimized to the extent possible or improvements made to ensure safe crossing through this intersection.

To encourage economic opportunity in this uniquely located district, this chapter focuses more on the district’s relationship to the truck route (SR 543) and adjacent districts, and less on specific allowed uses. Additionally, the intent of the gateway district is to achieve compatibility between adjacent land uses through performance and design standards that minimize off-site impacts. (Ord. 2692 § 3(1), 2008)

17.12.020 Uses subject to administrative approval (allowed by right).

A. The following uses are allowed throughout the gateway district (use identification through the North American Industry Classification System (NAICS)):

1. Retail trade (NAICS Nos. 44 – 45);

2. Information (NAICS No. 51);

3. Finance and insurance (NAICS No. 52);

4. Real estate, rental and leasing (NAICS No. 53);

5. Professional, scientific, and technical services (NAICS No. 54);

6. Management of companies and enterprises (NAICS No. 55);

7. Administrative, support and waste management and remediation services (NAICS No. 56);

8. Educational services (NAICS No. 61);

9. Health care and social assistance (NAICS No. 62);

10. Arts, entertainment and recreation (NAICS No. 71);

11. Accommodations and food services (NAICS No. 72);

12. Other services (NAICS No. 81);

13. Public administration (NAICS No. 92);

14. Gasoline service stations when compliant with Chapter 15.30 BMC, Gasoline Service Stations. This includes related movement of flammable liquids when operationally in compliance with the federal, state and local regulations.

B. The following uses are allowed when primary access is provided from Boblett Street:

1. Construction (NAICS No. 23);

2. Manufacturing (NAICS Nos. 31 – 33);

3. Wholesale trade (NAICS No. 42);

4. Transportation and warehousing (NAICS Nos. 48 – 49). (Ord. 2692 § 3(1), 2008)

17.12.030 Uses subject to a public hearing and planning commission approval.

The following uses require a conditional use permit and final approval from the planning commission:

A. A use or facility other than a gas station or truck stop in which handling or transport of toxic or volatile materials is a primary component of the use or facility, provided:

1. Underground storage limits shall comply with Sections 3404.2.9.5.1 and 3406.2.4.4 of the International Fire Code;

2. The storage of explosives and blasting agents is not allowed, except for temporary storage and use as specifically defined in Section 3304 of the International Fire Code;

3. The storage of liquefied petroleum gases shall be limited in compliance with Section 3804.2 of the International Fire Code restricting the storage of liquefied petroleum gases (the aggregate capacity for liquefied petroleum gases of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 L));

B. Recreational vehicle parks as described in BMC 17.108.060. (Ord. 2692 § 3(1), 2008)

17.12.040 Uses subject to a public hearing, planning commission recommendation and city council approval.

The following uses require a conditional use permit and require final approval from the city council:

A. Major development as defined in BMC 17.142.353. (Ord. 2692 § 3(1), 2008)

17.12.050 Accessory uses.

Accessory uses shall include those uses necessary to allow the permitted uses to function at their full capacity. These include uses that are incidental to, but necessary or convenient for, permitted operations. Accessory uses include but are not limited to:

A. Offices;

B. Eating facilities established to accommodate the principal use;

C. Restrooms and related facilities;

D. Incidental shops or light repair facilities;

E. One dwelling unit for each permitted use when it can be demonstrated that the unit is used in conjunction with, and accessory to, the permitted use;

F. Retail sales when it can be demonstrated that the sale of the merchandise is in conjunction with, and accessory to, the principal use;

G. Other accessory uses as determined by the director. (Ord. 2692 § 3(1), 2008)

17.12.060 Uses prohibited in the gateway zoning district.

The following uses are not allowed:

A. Heavy impact industrial uses not consistent with the intent of the gateway district, e.g., saw mills, raw ore foundries, pulp mills, junk yards, waste disposal stations;

B. The disposal of wastes;

C. Permanent dwelling units unless accessory to a permitted use;

D. The production, use, storage, transport or disposal of hazardous materials as a principal use. (Ord. 2692 § 3(1), 2008)

17.12.070 Site requirements.

Purpose: This section establishes site requirements that shall apply to all development in the gateway district.

A. Minimum Lot Area. The minimum lot size shall be adequate to meet the requirements and standards that apply to this district.

B. Minimum Lot Frontage. Minimum lot frontage shall be sufficient to provide adequate access, circulation, and utility development. In no case shall the frontage be less than 30 feet.

C. Minimum Lot Width. The minimum lot width shall be of an adequate size to meet the requirements and standards that apply to this district.

D. Minimum Lot Depth. The minimum lot depth shall be adequate to meet the requirements and standards that apply to this district.

E. Maximum Lot Coverage.

1. Eighty percent coverage when storm water is treated on-site.

2. One hundred percent coverage when the site is serviced by a regional storm water system.

F. Minimum Setbacks.

1. Property Lines Abutting Rights-of-Way. No building, structure or impervious surface shall be located closer than 20 feet from the street right-of-way lines.

2. Property Lines Abutting Adjacent Properties. No building or other structure shall be closer than 10 feet from adjacent property lines.

3. For buildings in excess of 35 feet tall, an additional one foot of setback shall be required for each foot of height in excess of 35 feet.

G. Building Height. Maximum building height in the gateway district is 50 feet. (Additional building height conditions are indicated under subsection (F)(3) of this section.)

H. Off-Street Parking. Unless otherwise stipulated, parking is required in compliance with Chapter 17.124 BMC.

I. Truck/Tractor Parking, Loading, and Circulation. When proposed commercial or industrial operations include truck and trailer parking, loading/unloading or transfer, the facility shall provide the necessary space and circulation capacity to meet the facility requirements. Under this condition, the applicant shall include a truck/trailer parking and circulation plan with adequate detail to determine use-related parking/capacity and necessary on-site circulation and its relationship to other parking, pedestrian circulation, street traffic and adjacent property circulation.

J. Signs. In the gateway district, the sign regulations contained in Chapter 17.122 BMC shall apply. However, because this district allows a wide range of uses, the sign regulations shall apply to the principal use type within each business operation.

K. Utilities. All water, sewer, gas, electric, and other utility services shall be located underground. (Ord. 2692 § 3(1), 2008)

17.12.080 Use standards.

Purpose: This section establishes use standards that shall apply to all uses in the gateway district.

A. Storage.

1. Principal Storage. Storage of materials, products or equipment shall be contained within building envelopes.

2. Accessory Storage. Outdoor storage is an accessory use and is permitted, provided the materials, products, or equipment stored are necessary to the operation of a use being conducted on the site and it meets the following requirements:

a. Accessory storage shall not exceed 10 percent of gross area of the principal building(s);

b. Accessory storage shall not be placed within required yard or parking areas;

c. Accessory storage shall not significantly impact adjacent land uses as determined by the director;

d. Accessory storage shall be located behind the principal building(s) and shall be appropriately screened where determined to be necessary by the director.

3. No waste material or refuse shall be dumped upon or permitted to remain upon any part of said property outside of a building constructed thereon.

4. This section does not apply to finished products subject to retail sales.

B. Trash Areas. All businesses that provide trash and/or garbage collection areas shall enclose such areas on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be required. (Ord. 2692 § 3(1), 2008)

17.12.090 Design standards.

Purpose: This section establishes design standards that shall apply to all development in the gateway district.

A. Building Design.

1. Entryways. Each principal building on a site shall have clearly defined and highly visible customer entrances. Entryway design elements and variations must have a street orientation and enhance the aesthetically pleasing character of the building.

2. Facades and Exterior Walls. All sides of the principal building shall include materials and color combinations that complement the front entryway. The front facade shall complement and be architecturally consistent with the entryway.

3. Buildings Abutting SR 543 and H Street.

a. Buildings with side or rear walls abutting SR 543 and H Street shall contain adequate architectural and visual character to avoid the appearance of blank walls and contribute to the visual quality of the SR 543 corridor.

b. Substantial creative latitude shall be allowed to achieve this requirement. For instance, sterile wall planes void of architectural interest can be avoided through the application of wall detail such as:

i. Horizontal and vertical relief;

ii. Shadow lines;

iii. Color changes;

iv. Visual depth;

v. Differential roof heights.

B. Lighting.

1. All exterior lighting fixtures, including those in parking areas and driveways, shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way.

2. Commercial Lighting.

a. Illuminated signage and exterior building lighting shall be compatible with the architecture of the project and shall not detract from the visibility of surrounding buildings;

b. Landscape and architectural lighting shall be used to illuminate building facades, building entrances, and feature or courtyard spaces;

c. Night lighting must be provided for all pedestrian walkways and where stairs, curbs, ramps, and crosswalks occur.

C. Landscaping.

Purpose: Landscape and buffering should contribute to visual quality and continuity within and between developments, provide screening and mitigation of potential conflicts between activity areas and site elements, enhance outdoor spaces, reduce erosion and storm water runoff and mitigate air pollution.

1. All landscaping shall comply with Chapter 17.126 BMC.

2. On-site storm water management facility ponds shall be landscaped. Fencing, where necessary, shall be dark-colored and vinyl-coated. Landscaping shall be installed in conjunction with fencing to break up its linear features.

3. All lots abutting SR 543 and H Street shall provide street trees along abutting boundary and a vegetative buffer sufficient to screen unsightly uses. Where fencing is erected, it shall be in conjunction with these vegetative requirements and contribute to an aesthetically pleasing appearance from the streets.

4. Landscaping shall be required within all setbacks fronting public streets, including SR 543.

D. Retail Commercial Buildings – Pedestrian Circulation.

1. A well-marked, continuous and protected pedestrian walkway network, a minimum of five feet wide, must connect the principal entrance(s) of all retail commercial buildings to:

a. Street crossings, public sidewalks, and transit stops.

b. Other buildings on the site.

c. Central features and community spaces.

d. Pedestrian walkways of adjacent sites.

e. On-site parking areas.

2. All pedestrian walkways shall be well-lit and utilize human-scale lighting features to promote pedestrian safety.

3. Walkways must feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of their length.

4. To the maximum extent feasible, pedestrians and vehicles shall be separated through provisions of a walkway.

5. Where complete separation of pedestrians and vehicles is not feasible, hazards shall be minimized by providing the following types of features:

a. Change in paving surface materials such as low maintenance pavers, bricks, stamped asphalt, or scored concrete.

b. The use of landscaping, bollards, lighting and other means to clearly delineate pedestrian areas.

c. The use of signs clearly identifying pedestrian crossing areas. (Ord. 2692 § 3(1), 2008)

17.12.100 Performance standards.

No use in this district shall result in off-site impacts to such an extent that they inflict smoke, dirt, noise, vibrations, odor, glare or other nuisances or hazards detrimental to the health, welfare and safety of persons occupying or visiting adjacent properties. Prior to approval of a building permit, it must be demonstrated to the satisfaction of the city that the building and site design have adequately addressed standards contained in this chapter.

A. Fire and Explosive Hazard Performance Standard. The manufacture, use or processing of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in the gateway district only in accordance with state and local regulations for fire prevention and protection.

B. Emission Performance Standard. Levels of emissions of smoke, dust and other particulate matter, toxic and noxious gases in the gateway district are not to exceed standards set by the Northwest Clean Air Agency and all state and federal standards.

C. Vibration Performance Standard. Every use in the gateway district shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond any zoning district boundary in which the use is located.

D. Heat, Glare and Steam Performance Standard. Any activity in the gateway district producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare does not create a nuisance beyond the boundary lines of the district within which the use is located. Building materials with light-reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall be hooded or shaded so that direct light from high-intensity lamps will not result in glare upon surrounding areas or cast light upon any residential use or street area.

E. Noise Performance Standard. Sound levels in the gateway district are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the Department of Ecology.

F. Radiation Performance Standard. Emissions of ionizing radiation in the gateway district must comply with all standards established by the U.S. Nuclear Regulatory Commission and the State Department of Social and Health Services.

G. Erosion Performance Standard. No erosion, by either wind or water, shall be permitted in the gateway district which will carry increased volumes of sediments or objectionable substances into or through neighboring properties.

H. Electrical Disturbance Performance Standard. No activity except for electrical transmission lines or facilities shall emit electrical disturbance in the gateway district adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location or site of the use creating such disturbance. (Ord. 2692 § 3(1), 2008)

17.12.110 Performance standard enforcement.

A. The director shall determine if a violation of performance standards has occurred. Upon such a determination, the director shall send written notice of the violation by certified mail to the owners of the property and the manager of the operation involved. The manager or responsible person shall have 30 days to correct the violation, unless in the opinion of the director there is imminent peril to the life and/or property of persons adjacent to the alleged violation, in which case the violation shall be corrected immediately.

B. Where determinations of violation can be made by the director, using equipment normally available to the city or obtainable without additional expenditure to the city, such determination shall be made before notice of violation is issued.

C. When technical complexity or expense makes it prohibitive for the city to maintain the personnel or equipment necessary to make the determination of violation, the city shall retain appropriately qualified specialists to make the determination. If these findings indicate a violation of the performance standards, the cost of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other cost incurred by the city. If no violation is found, the cost of determination shall be paid by the city.

D. If a substantiated performance violation is not remedied within the time requirements set by the director, it shall be enforced pursuant to Chapter 17.08 BMC, Violations and Enforcement. (Ord. 2692 § 3(1), 2008)

17.12.120 Violations.

Unless otherwise indicated, violations of this chapter shall be enforced pursuant to Chapter 17.08 BMC, Violations and Enforcement. (Ord. 2692 § 3(1), 2008)

17.12.130 Appeals.

Appeals of a final decision shall be heard pursuant to BMC 17.06.180, Appeals. (Ord. 2692 § 3(1), 2008)

Chapter 17.14
MANUFACTURING ZONING DISTRICT

Sections:

17.14.010 Purpose.

17.14.020 Permitted uses.

17.14.030 Accessory uses.

17.14.040 Conditional uses.

17.14.050 Minimum lot size.

17.14.060 Setbacks.

17.14.070 Building height.

17.14.080 Lot width.

17.14.090 Off-street parking.

17.14.100 Revenue/expenditure analysis.

17.14.110 Repealed.

17.14.120 Emission performance standard.

17.14.130 Vibration performance standard.

17.14.140 Heat, glare and steam performance standard.

17.14.150 Noise performance standard.

17.14.160 Fire and explosive hazard performance standard.

17.14.170 Waste disposal performance standard.

17.14.180 Radiation performance standard.

17.14.190 Erosion performance standard.

17.14.200 Electrical disturbance performance standard.

17.14.210 Performance standard enforcement.

17.14.220 Appeals.

17.14.010 Purpose.

The manufacturing (M) district is intended primarily for manufacturing and closely related uses. To avoid unnecessary regulations on manufacturing, standards for this district are intended to provide protection against effects harmful to others. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.020 Permitted uses.

A. Subzone A. In that area of the manufacturing district west of Ludwick Avenue and north of Boblett Street, the permitted uses are generally any industrial, research and development centers, warehousing, processing and shipping terminal uses; provided, that such uses do not inflict upon neighboring use districts smoke, dirt, noise, vibrations, odor, glare or other nuisances or hazards detrimental to the health, welfare and safety of persons occupying or visiting the district or adjacent districts. Restaurants, overnight accommodations and retail sales and services are permitted uses. Business and technical parks as defined at BMC 17.142.115 are a permitted use through the planned unit development process as prescribed at Chapter 17.48 BMC. All uses must meet the performance standards listed in this chapter.

B. Subzone B. All uses permitted in Subzone A, with the exception of restaurants, overnight accommodations, retail sales and services and department store establishments, are permitted in Subzone B.

C. Subzone C. All uses permitted in Subzone B, with the exception of warehousing/storage and processing and shipping terminals, are permitted in Subzone C. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.030 Accessory uses.

A. Subzone A. In that area of the manufacturing district north of Boblett Street and west of Ludwick Avenue, permitted accessory uses are cafeterias, offices which are not part of a business park development, and caretaker or security residences.

B. Subzone B. In areas of the manufacturing district not included in Subzone A or Subzone C, permitted accessory uses are cafeterias, overnight accommodations, restaurants, offices which are not part of a business park, and caretaker or security residences.

C. Subzone C. In that area of the manufacturing district, all accessory uses permitted in Subzone B are permitted accessory uses in Subzone C, except the following regulations shall apply. Warehousing/storage shall be a permitted accessory use only as incidental and in conjunction with a permitted use, subject to review and approval of the city. Processing and shipping terminals shall be a permitted accessory use only in conjunction with manufactured goods produced at the same site. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.040 Conditional uses.

A. Overnight accommodations and restaurants.

B. Recreational vehicle parks as described in BMC 17.108.060.

C. Major development as defined in BMC 17.142.353. (Ord. 2628 § 2, 2006; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.14.050 Minimum lot size.

There is no minimum lot size in the manufacturing district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.060 Setbacks.

The minimum setback requirements of the manufacturing district are:

A. No building or other structure shall be closer than 15 feet from street right-of-way lines.

B. No building or other structure shall be closer than 20 feet from adjacent property lines. For buildings in excess of 30 feet tall, an additional one foot of setback shall be required for each foot of height in excess of 30 feet.

C. There are no additional restrictions on land coverage. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.070 Building height.

Maximum building height in the manufacturing district is 50 feet. Requirements for structures in excess of 50 feet shall be considered on an individual basis. Applications for exceeding the height limit shall be reviewed by the review authority, with a recommendation to the city council for approval or disapproval. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.080 Lot width.

The minimum lot width in the manufacturing district is 60 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.090 Off-street parking.

Off-street parking shall be provided in the manufacturing district with a minimum of one parking space for each two employees on the largest shift, and in accordance with specifications contained in Chapter 17.124 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.100 Revenue/expenditure analysis.

The city council may, upon recommendation from the review authority, require applicants for significant manufacturing proposals to prepare a revenue/expenditure analysis which would show costs to the city versus benefits of the project. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.110 Airfield area regulations.

Repealed by Ord. 2692. (Ord. 2554 § 3, 2003)

17.14.120 Emission performance standard.

Levels of emissions of smoke, dust and other particulate matter, toxic and noxious gases in the manufacturing district are not to exceed standards set by the Northwest Air Pollution Authority and all state and federal standards. The standards mentioned in this section are to be current and copies are to be on file at City Hall. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.130 Vibration performance standard.

Every use in the manufacturing district shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond any district boundary in which the use is located. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.140 Heat, glare and steam performance standard.

Any activity in the manufacturing district producing steam, heat or glare shall be carried on in such a manner that the steam, heat or glare does not create a nuisance beyond the boundary lines of the district within which the use is located. Building materials with light-reflective qualities shall not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas. Artificial lighting shall be hooded or shaded so that direct light from high-intensity lamps will not result in glare upon surrounding areas or cast light upon any residential use or street area. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.150 Noise performance standard.

Sound levels in the manufacturing district are not to exceed levels established by noise control regulations of the Department of Labor and Industries. Maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the Department of Ecology. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.160 Fire and explosive hazard performance standard.

The manufacture, use or processing of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in the manufacturing district only in accordance with state and local regulations for fire prevention and protection. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.170 Waste disposal performance standard.

Disposal of wastes in the manufacturing district shall be subject to regulations of the State Health Department and local, state and federal pollution controls. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.180 Radiation performance standard.

Emissions of ionizing radiation in the manufacturing district must comply with all standards established by the U.S. Nuclear Regulatory Commission and the State Department of Social and Health Services. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.190 Erosion performance standard.

No erosion, by either wind or water, shall be permitted in the manufacturing district which will carry increased volumes of sediments or objectionable substances into or through neighboring properties. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.200 Electrical disturbance performance standard.

No activity except for electrical transmission lines or facilities shall emit electrical disturbance in the manufacturing district adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location or site of the use creating such disturbance. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.210 Performance standard enforcement.

A. If, in the opinion of the director, a violation of performance standards (BMC 17.14.120 through 17.14.200) has occurred, the director shall send written notice of the violation by certified mail to the owners of the property and the manager of the operation involved. The manager or responsible person shall have 30 days to correct the violation, unless in the opinion of the director there is imminent peril to the life and/or property of persons adjacent to the alleged violation, in which case the violation shall be corrected immediately.

B. Where determinations of violation can be made by the director, using equipment normally available to the city or obtainable without additional expenditure to the city, such determination shall be made before notice of violation is issued.

C. When technical complexity or expense makes it prohibitive for the city to maintain the personnel or equipment necessary to make the determination of violation, then the city shall retain appropriately qualified specialists to make the determination. If these findings indicate a violation of the performance standards, the cost of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other penalties prescribed by this division. If no violation is found, the cost of determination shall be paid by the city.

D. Prior to approval of zoning, subdivision or building permits for potentially hazardous uses, the approval authority shall require submission of statements and plans indicating the manner in which potentially dangerous and/or objectionable elements are to be eliminated or reduced to acceptable limits and tolerances.

E. For those nuisances which are subjectively perceived beyond the district, and not readily susceptible to technical or quantitative measure (glare, odor, other), the chairman of the review authority, upon receipt of a formal written complaint defining the nuisance and identifying the source and signed by three registered voters, shall appoint a committee to inspect the site of the alleged nuisance and report their recommendations to the director. The committee shall total five persons and consist of one person representing the complaint side, one representing the side being complained against, and three persons from the city council and review authority membership. The review authority chairman shall appoint one of the latter three members to chair the committee and submit a written report. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.14.220 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.16
MARINE COMMERCIAL ZONING DISTRICT*

* Code reviser’s note: Ords. 2554 § 3 and 2577 § 5, previously codified as Chapter 17.16 BMC, were removed from the Blaine Municipal Code at the request of the city.

Chapter 17.20
MARINE PLANNED RECREATION ZONING DISTRICT

Sections:

17.20.010 Purpose.

17.20.020 Permitted uses.

17.20.030 Permitted accessory uses.

17.20.040 Bonuses.

17.20.050 Master plan standards.

17.20.060 Lot size.

17.20.070 Minimum lot area.

17.20.080 Setback.

17.20.090 Land coverage.

17.20.100 Height.

17.20.110 Lot width.

17.20.120 Off-street parking.

17.20.130 Appeals.

17.20.010 Purpose.

A. The marine planned recreation (MPR) district is established in recognition of the unique and irreplaceable nature of certain marine sites within Blaine, and creates a special overlay district for areas within the marine recreation district providing for the establishment of such public-oriented, tourist-related uses as marinas, boat docking facilities, recreation-oriented residential, hotel and overnight accommodations, conference facilities, restaurants and small specialty retail. A balance of uses in this overlay district is intended to serve recreational, tourist, and conference mixed use activities where orientation and access to the water is a prime public amenity and to encourage retention of existing historical structures. The performance standards in the overlay district require the preparation of an overall master plan for the development which responds to the use, historic preservation and circulation provisions of the comprehensive plan and provides a guide to phasing of the project.

B. The purposes of this planned approach are the same as those in a planned unit development, Chapter 17.48 BMC. Developments under this chapter shall be subject to the procedures for application and approval described in Chapter 17.48 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.020 Permitted uses.

The uses in the marine planned recreation district must be of a similar magnitude (size, impact) so as to provide a balance between them. An approved combination of at least four of the following uses is required:

A. Private and public marinas with recreational and boat moorage and docking, boat repair facilities, boat and equipment sales and services;

B. Hotel and overnight accommodations;

C. Small-scale retail and/or specialty shops, excluding gambling operations;

D. Eating and drinking establishments;

E. Conference facilities;

F. Attached residential units either operated as a hotel or not. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003; Ord. 2549 § 2, 2003)

17.20.030 Permitted accessory uses.

Accessory uses permitted in the marine planned recreation district are as follows: historic museums and interpretive centers; athletic facilities including indoor and outdoor swimming pools, gymnasiums and courts; seaplane docking and helicopter landing pads; offices, warehouses and shop facilities directly related to the uses within the district; and fish processing plants and shipping facilities. Those other uses determined by the review authority (in the SEPA or shoreline management application process) are to be accessory to the primary tourist/marine-oriented uses. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.040 Bonuses.

Increased density, height and attached residential units not operated as a hotel are allowed in the marine planned recreation district only if an approved combination of the following public benefits are provided:

A. Permanent public access to the shoreline is provided;

B. Development, operation and maintenance participation in a cross-water connection to downtown Blaine;

C. Significant proportion of required parking is placed on the uplands;

D. Shuttle service is provided to connect the cross-water dock, hotel, conference facility, and county park with activities on the uplands;

E. Priority structures (buildings, piers, and ways) eligible for National Historic Register are preserved;

F. Majority of other existing structures are retained;

G. Exemplary landscaping and architectural design which retains natural marine-oriented character of the area. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.050 Master plan standards.

A. An overall master plan for the developments within the planned district must be approved prior to the issuance of any development permits on the site. If the entire area of the marine recreation district is not included in the master plan, the relationship to existing uses or areas not included must be indicated and considered in the master plan. If the area of developed property (or approved applications) at the time of application is less than 25 percent of the total area of the district, property can be included in the planned district and used for purposes of calculating bonuses. This percentage of developed area can be increased up to 40 percent at the discretion of the review authority. Permits for first phase actions can be processed as a planned unit development at the same time as the overall master plan at the discretion of the city review authority. Projects must be consistent with the overall master plan for the district and cannot receive additional density bonuses as provided in BMC 17.48.280 through 17.48.310. The plan shall describe the following:

1. Proposed uses and their extent and general location on the site;

2. Circulation and access, both vehicular and pedestrian;

3. Provisions for public services, utilities and facilities;

4. Parking with a phased parking management plan, including consideration of the county park;

5. General landscaping, buffer and screening consistent with the unique natural setting and proximity to the county park;

6. Compatibility with a marine setting and the historic structures in the design and scale of structures, type of building materials, lighting and signs;

7. Impact of development on the geologic structure of the spit;

8. Orientation to focal point or points or design themes;

9. Preservation of unique natural and historic features and buildings and consideration of views to and from the planned area through view corridors from the public road to the shoreline;

10. Unregulated and regulated public access to shorelines;

11. Relation to existing uses and provisions of the comprehensive plan;

12. Phasing of the development including at least the location, use, extent, or amount by each phase; general timing (ranges); opportunity for reviews at major milestones (i.e., 25 percent, 50 percent, 75 percent completion); relationship to development on the Blaine uplands; and reasonable security devices to assure projects approved in each phase are completed.

B. The plan shall contain reports, maps, sketches and supporting documents to adequately describe the applicant’s proposal. The scope of the needed reports, and their process and schedule of review and approval would be established and monitored by the city. Written documents required for the master plan should include, but are not limited to, the following:

1. Statement of objectives to be achieved including a description of the overall development program, the character of the proposed development, the geographic area to be included, its relationship to its surroundings and the rationale behind the assumptions made by the applicant;

2. Description of existing site conditions including but not limited to topography, watercourses, soils, geologic conditions, unique natural and built features, forest cover and other items required to fully understand the site. Supplementary reports may be included for reference;

3. Written plan sections, plans and maps (at adequate scales), photographs, sketches or models necessary to describe the plan elements required in subsection A of this section;

4. Quantitative data by development parcels necessary to administer phased projects (i.e., parcel size, number and types of dwelling units or commercial facilities, density, lot coverage, open space, parking, etc.);

5. Economic feasibility studies or market analyses necessary to evaluate phasing proposals and fiscal impact on the city;

6. Implementation of the development including overall phasing, construction of public streets, facilities and utilities and description of security devices required to assure the project is completed as approved;

7. Description of applications necessary for the development;

8. Other documentation required by the review authority or city council.

C. An environmental checklist, as defined in the State Environmental Policy Act, will be done for the overall master program evaluating the impact of the above items.

D. Architectural and site design standards and project phasing will be prepared as part of the overall master plan.

E. In addition, uses in the marine planned recreation district shall conform to applicable performance standard and enforcement requirements contained in Chapter 17.14 BMC, Manufacturing Zoning District.

F. The review authority shall use the above criteria in review of master plans and projects in the marine planned recreation district and shall indicate results of the review in their recommendation to the city council. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.060 Lot size.

There is no minimum lot size in the marine planned recreation district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.070 Minimum lot area.

No minimum lot area is assigned to the marine planned recreation district. It is the intent of this chapter that each development or activity be located on a site commensurate with its use, and of sufficient size to meet open space, parking, circulation, service and building requirements. Although each assigned site may not meet the approved land coverage, density, or parking requirements, the total site average must conform. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.080 Setback.

No building or structure in the marine planned recreation district shall be closer than 10 feet to a public right-of-way unless expressly allowed in the approved plan. No other side, rear or front yard setback is required except those set by the International Building Code. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.090 Land coverage.

Land coverage by buildings and all other impervious surfaces in the marine planned recreation district (excluding the main public road) shall not exceed the following percentages by subarea:

Subarea A (Tip of Spit/APA Buildings): 10+ acres – 90 percent land coverage.

If a majority of the historic structures and associated buildings are not retained, the land coverage for Subarea A shall be the same as for Subarea B.

Subarea B (Remainder of Spit/Marina): 40+ acres – 40 percent land coverage. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.100 Height.

Maximum height in the marine planned recreation district shall be determined by the applicable shoreline management master program regulations or 45 feet if no shoreline regulation is applicable, except that within 200 feet of a public park the height shall be limited to 25 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.110 Lot width.

No minimum lot width is required in the marine planned recreation district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.120 Off-street parking.

Off-street parking in the marine planned recreation district shall be provided in accordance with specifications in Chapter 17.124 BMC. Requirements may be reduced for mixed use and defined circulation improvements and/or allowed to develop in adjacent residential districts through review authority approval. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.20.130 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.22
CENTRAL BUSINESS DISTRICT (CBD)

Sections:

17.22.010 Purpose and intent.

17.22.020 Applicability and permit approval in the Central Business District.

17.22.030 Uses and facilities that are allowed in the Central Business District.

17.22.040 Prohibited uses and facilities.

17.22.050 Conditional uses in the Central Business District.

17.22.060 Lot size.

17.22.070 Setbacks.

17.22.080 Building height.

17.22.090 Lot width.

17.22.100 Open space and view corridors.

17.22.110 Parking requirements.

17.22.120 Additional requirements in the CB – Transition district.

17.22.130 Fees.

17.22.140 Appeals.

17.22.010 Purpose and intent.

The city of Blaine comprehensive plan provides a clear vision for the Central Business District (CBD). Development inquiries should start there to ensure consistency and compliance. The goal for Blaine’s Central Business District is for it to grow into an attractive downtown area that is both dynamic and pedestrian-friendly with a small town scale. The intent is to revitalize downtown Blaine around the vision of a turn-of-the-century coastal town in a manner that draws from the town’s historically prosperous period circa 1900. To that end, the city has developed clear policy direction in the comprehensive plan, a streetscape plan, parking plan and design standards that together help guide compliance with this chapter in a manner that is consistent with the vision.

The Central Business District has been divided into three integrated subdistricts as illustrated in the Blaine comprehensive plan and official zoning map. The CB – Wharf district is addressed in Chapter 17.23 BMC. This chapter addresses the CB – Market and the CB – Transition districts and their corresponding intent statements are below:

A. CB – Market District. The CB – Market district is intended to concentrate retail stores, offices, financial institutions, service and eating and drinking establishments, recreation facilities, and other similar facilities in a centrally located, pedestrian-oriented area with strong small town flavor and a historic design characteristic. With a mix of residential units located above streetfront shops, the CB – Market district will serve citizens and visitors with a selection of goods and services. The regulations for this district are designed to encourage the grouping and development of complementary and related businesses and services, and to discourage development or activities which can:

1. Disrupt pedestrian/shopper circulation patterns;

2. Create pedestrian or vehicular safety hazards;

3. Diminish the attraction of this district as the retail trade center;

4. Preempt use of significant portions of first floor store frontage for retail trade.

B. CB – Transition District. The intent of the CB – Transition district is to provide an area for a mix of low-impact uses, including housing, office space, and services in buildings that have a design and scale similar to the adjacent residential neighborhood. The effect of this district is to minimize the conflict that inherently exists between highly trafficked commercial areas and quiet residential neighborhoods. (Ord. 2674 § 5, 2007; Ord. 2673 § 2, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.020 Applicability and permit approval in the Central Business District.

A. Applicability. The provisions of this chapter shall apply to all development and land use activity in the Central Business – Market and Transitional districts.

B. Permit Approval. The purpose of a review process undertaken by the city in the Central Business District is to determine if a project proposal is consistent with the city’s vision, goals and policies and compliant with the Blaine Municipal Code. Minor improvements or development that is clearly consistent with downtown policy direction and compliant with applicable regulations should be reviewed and approved quickly and inexpensively.

1. Minor improvements require administrative compliance review prior to issuance of a building permit. Minor improvements include the following:

a. Minor repair and maintenance to the exterior of a building.

b. Minor exterior remodels.

c. Interior improvements.

d. Landscaping.

e. Exterior signage.

2. Major improvements require site plan approval and design approval prior to issuance of a building permit. Major improvements include the following:

a. Major exterior renovation.

b. New construction.

3. Site Plan and Consistency Review. The director shall determine consistency and compliance in a manner consistent with site plan and consistency review procedure contained in Chapter 17.07 BMC.

4. Design Review. The design review team shall determine compliance with the downtown design standards contained in Chapter 17.120 BMC. The director shall issue a written determination based upon the results of design review conducted pursuant to Chapter 17.06A BMC. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.030 Uses and facilities that are allowed in the Central Business District.

A mix of urban residences with pedestrian-oriented retail stores, offices, financial institutions, service and eating and drinking establishments, recreation facilities, and other similar uses and facilities are allowed upon receiving a notification of compliance from the director. (Ord. 2674 § 5, 2007; Ord. 2673 § 2, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.040 Prohibited uses and facilities.

A. CB – Market District.

1. Single-family residences;

2. Other living accommodations are prohibited on the first floor unless specifically allowed in other sections of this chapter;

3. Uses or structures that disrupt pedestrian/shopper circulation patterns;

4. Uses or structures that create pedestrian or vehicular safety hazards;

5. Uses or structures that diminish the attraction of this district as a historic coastal retail trade center;

6. Uses that preempt use of significant portions of first floor store frontage for retail trade;

7. Uses that persistently produce off-site noise, light or odor resulting in a significant impact to the quality of residential occupancy in the immediate area.

B. CB – Transition District.

1. High traffic uses or uses that produce noise, light or other off-site impacts. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.22.050 Conditional uses in the Central Business District.

A. Major development projects.

B. Major development projects in the CB – Market district that do not strictly comply with the development regulations contained in this chapter but are consistent with the purpose and intent statement contained in BMC 17.22.010; the purpose statement contained in BMC 17.120.010; BMC 17.92.050, Standards and criteria for granting conditional use permits; and BMC 17.22.080(B) and (C).

C. Public-use buildings and related facilities.

D. Building projections into city right-of-way beyond those allowed by the International Building Code. (Ord. 2674 § 5, 2007; Ord. 2632 § 2, 2006; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.060 Lot size.

There is no minimum lot size in the Central Business District. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.070 Setbacks.

Intent: Setbacks help establish the relationship of the building to the street. The street edge in the Central Business District should be defined with a building, landscaping or other pedestrian-oriented amenity. The intent is to create an active, safe pedestrian environment with improved pedestrian circulation. It is also the intent to create visual interest and increased activity and public focal points at street corners.

A. CB – Market District.

1. Front Yard Setback. Buildings shall abut the front property line except that the building may be set back from the sidewalk up to 10 feet to facilitate active pedestrian use when:

a. The setback area is designed and used for pedestrian-oriented space. It can be an extension of the adjacent ground floor use (such as tables for a restaurant, an outdoor display area for goods for sale inside the building), used by private vendors (with owner’s permission) or for related public purposes.

b. Vehicle parking, loading or related vehicular use is not allowed within the setback area.

2. Side Yard Setback. Buildings may abut side yard property lines (zero-foot setback).

3. Rear Yard Setback. Buildings may abut rear yard property lines (zero-foot setback).

B. CB – Transition District.

1. Front Yard Setback. Setbacks may be variable, provided the average setback is at least 10 feet.

2. Side Yard Setbacks. Five feet, except that where a lot abuts a residential district with no intervening street or alley, a 10-foot setback is required.

3. Rear Yard Setbacks. Ten feet, except where a lot abuts a residential district with no intervening street or alley, a 20-foot rear yard setback is required. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.080 Building height.

A. Allowed Building Height.

1. CB – Market district: 36 feet west of Peace Portal Drive and 46 feet east of Peace Portal Drive.

2. CB – Transition district: 36 feet.

B. Allowed building heights may be increased when the proponent can meet the following conditions:

1. The addition minimizes view obstruction.

2. The addition adds architectural detail to the roof line.

3. Final configuration shall be site-specific and subject to design review approval.

C. An increase in building height must incorporate compensatory site improvements or design changes that further the intent and objectives contained in BMC 17.22.100, Open space and view corridors, and results in a benefit to the community. The proponent shall propose the type of mitigation; however, the city council shall determine the scope and type of mitigation required based upon adopted policy and plan direction.

D. Heights in the Central Business District shall be measured from the front yard curb (or projected curb as determined by the city). (Ord. 2674 § 5, 2007; Ord. 2632 § 3, 2006; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.090 Lot width.

No minimum lot width is required in the Central Business District. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003)

17.22.100 Open space and view corridors.

Intent: A quality downtown environment requires quality pedestrian access to views, parks, walkways and trails. It requires community gathering areas such as parks and plazas and outdoor amenities like benches, lighting, overhead cover, staging areas, restrooms, etc. Finally, a downtown can become a rich place to stroll through when the city has a wide range of outdoor art and creative landscaping that is accessible to the public. These are the qualities intended for the Central Business District. More specific goals include: (A) preserve, maintain and protect downtown harbor vistas for all future generations. Capitalize on these vistas as a means to preserve the waterfront historic character of the town; and (B) foster the development of a continuous public access way along the water view side (back side) of downtown businesses fronting the west side of Peace Portal Drive between F Street and Boblett Street.

A. Preservation of view corridors shall be carefully reviewed to ensure consistency with the Blaine comprehensive plan.

B. Each project proposal on the west side of Peace Portal Drive shall provide a 12-foot easement on the west side of the proposed building, as determined by the city, to provide for a pedestrian boardwalk or trail between F Street and Boblett Street. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003. Formerly 17.22.110)

17.22.110 Parking requirements.

Intent: Although the downtown master plan encourages pedestrian-friendly orientation, the automobile still plays a significant role in getting people to and from the downtown area. Therefore, automobile parking needs to be provided both at on-street and off-street locations in the Central Business District.

A. Off-street parking requirements for customer and employee use in the Central Business District shall be suspended until such time that the city has adopted a parking plan which allows for the provision of required parking on-site or in close proximity; by mutual and joint use agreements; and/or through public action such as a special assessment district. Once adopted, all businesses and residents shall be subject to the provisions of the parking plan. Current on-site parking spaces and recorded off-site parking fees shall be incorporated into a pro rata and equitable cost-sharing parking program.

B. In conformance with the purpose of maintaining and encouraging a pedestrian-oriented commercial environment, parking requirements for the Central Business District are to be less stringent than for other commercial areas.

C. On-Street Parking in the Central Business District.

1. On-street customer parking for commercial use is allowed on city streets except in areas specifically signed and marked to provide for orderly and safe movement and operation of automobiles.

2. The city may designate certain areas for long-term or employee parking and reserve areas near and adjacent to retail and service businesses for short-term or customer parking.

3. The city may, if necessary, establish on-street parking time limits in selected areas in the Central Business District.

D. Off-Street Residential Parking in the Central Business District. Each housing unit created in the Central Business District is required to provide a minimum of one and one-half automobile parking spaces at the site of the residential unit or in an off-street location within close proximity to the residential unit. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003. Formerly 17.22.120)

17.22.120 Additional requirements in the CB – Transition district.

The following special standards apply in the CB – Transition district. All other standards applicable to development in this district and not in conflict with the following also apply:

A. Uses. High-impact uses such as taverns and cocktail lounges and outdoor and/or amplified music are prohibited.

B. Height. Building heights may not be increased from 36 feet.

C. Location of Parking. Where feasible, parking facilities shall be located on the side of the property opposite from the residential zoning or in the rear of the property. If the parking is in the rear of the property, screening is required to buffer the parking area from the residential property.

D. Building Design. Buildings shall be compatible in scale and character with the historical residential buildings in the adjacent residential district. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005; Ord. 2554 § 3, 2003. Formerly 17.22.130)

17.22.130 Fees.

The applicant shall pay fees for design review, compliance review and related permits as stipulated in Blaine’s unified fee schedule. (Ord. 2674 § 5, 2007; Ord. 2600 § 5, 2005. Formerly 17.22.140)

17.22.140 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.23
CB – WHARF ZONING DISTRICT

Sections:

17.23.005 Purpose.

17.23.010 Applicability and permit approval.

17.23.020 Approval criteria.

17.23.030 Minimum standards.

17.23.040 Specific planning area standards.

17.23.050 Appeals.

17.23.005 Purpose.

The wharf district is established in recognition of the unique and irreplaceable nature of the city’s waterfront site. It is intended to provide for a mix of water-oriented commercial, industrial and recreational uses that support water-related activities that are compatible with shoreline public access and tourism activities. Direction and guidance for development in this district is provided by the wharf district master plan (a component of the Blaine comprehensive plan), approved by both the city of Blaine and the Port of Bellingham. The regulatory provisions of this chapter are intended to supplement the master plan. (Ord. 2674 § 6, 2007)

17.23.010 Applicability and permit approval.

Unless determined to be exempt under the city’s shoreline program, all development proposals in the wharf district shall be approved through a shorelines permit. No other development permit shall be required. A building permit will not be accepted without prior approval of the shorelines permit, if applicable. (Ord. 2674 § 6, 2007)

17.23.020 Approval criteria.

A. A shorelines permit in the wharf district shall be approved subject to the administrative provisions of this title and the shoreline management program.

B. A final permit decision by the city must include findings of compliance with the following documents:

1. The wharf district master plan;

2. The city of Blaine shoreline management plan;

3. Design standards pursuant to Chapter 17.119 BMC.

C. When a permit application is submitted for development on Port-owned property, the city shall solicit and consider any conditions or related requirements established by the Port before making a final decision. (Ord. 2674 § 6, 2007)

17.23.030 Minimum standards.

Unless otherwise indicated within each planning area, a development proposal must demonstrate compliance with the following standards:

A. Design Standards.

1. Streetscape and Public Space Standards. All design, placement or construction within a public space must be in compliance with the streetscape and public space standards contained in BMC 17.119.050.

2. Building Form Standards. All buildings within the wharf district shall conform to the building form standards contained in BMC 17.119.060.

3. Architectural Standards. All buildings within the wharf district shall conform to the architectural standards contained in BMC 17.119.070.

4. Private Landscape and Parking Standards. All private space landscaping and parking areas must conform to the private landscape and parking standards contained in BMC 17.119.080.

B. Water Quality Standards. While each planning area will have different functions and development configurations, all development in the wharf district shall utilize low-impact design techniques and demonstrate that the result will be a storm water management design that will consistently achieve high water quality runoff over extended periods of time.

C. Lot Configuration Standards. No minimum lot width or specific lot configuration is required in the wharf district.

D. Minimum Lot Area Standards. No minimum lot area is required in the wharf district. However, a project proposal must demonstrate that the intended site adequately accommodates the intended use with sufficient size to meet parking, loading and circulation, landscaping, open space, and related requirements.

E. Unless otherwise determined, setbacks from the shoreline OHWM shall be:

1. Water-dependent buildings: zero feet.

2. Water-oriented buildings: 25 feet.

3. Other buildings: 45 feet. (Ord. 2674 § 6, 2007)

17.23.040 Specific planning area standards.

The following standards are specific to each of the seven planning areas within the wharf district:

A. Planning Area 1: Gateway to Waterfront (Visual and Physical Access). See CB – Market district requirements.

B. Planning Area 2: Plover Park (Recreation and Boat Launch).

1. Special Conditions. A landscape and site plan for the entire Plover Park planning area must be approved through a shorelines development permit prior to any development or construction on the site. The plan must meet the approval criteria contained in BMC 17.23.020.

2. Character and Use. See wharf district master plan.

3. Design Standards.

a. Streetscape and Public Space Standards. Must be approved as a component of an approved landscape and site plan.

b. Building Form Standards. Must be approved as a component of an approved landscape and site plan.

c. Architectural Standards. Must be approved as a component of an approved landscape and site plan.

d. Landscape and Private Parking Standards. Must be approved as a component of an approved landscape and site plan.

4. Building Setback Standards.

a. Setbacks from Marine Drive right-of-way: 10 feet.

b. Setbacks from Milhollin Drive easement: 10 feet.

c. Setbacks from Shoreline OHWM. Setbacks shall be established at the time of permit approval for the landscape and site plan.

d. Setbacks from Wetlands. Recreational amenities may be located in or adjacent to wetlands with an approved wetland enhancement plan.

5. Land coverage: 10 percent of planning area.

6. Building Heights. Not to exceed 20 feet unless otherwise approved as a part of the landscape and site plan.

C. Planning Area 3: Mariner Village (Mixed Use).

1. Character and Use. See wharf district master plan.

2. Design Standards.

a. Streetscape and Public Space Standards. All standards applicable.

i. Milhollin Drive is intended to be an urban street with similar design characteristics to the CB – Market district, with street trees, sidewalks and an active pedestrian-oriented commercial flavor.

3. Building Form Standards. All standards applicable.

4. Architectural Standards. All standards applicable.

5. Private Landscape and Parking Standards. All standards applicable.

a. Parking. Parking in this planning area is intended to be located underground if possible. Alternatively, parking space can be used to enhance building separation and increase views from the east.

6. Building Setback Standards.

a. Setbacks from Marine Drive right-of-way: 15 feet.

b. Setbacks from Milhollin Drive easement: 10 feet.

c. Setbacks from shoreline OHWM: 45 feet.

d. Setbacks from Plover Park planning area: 30 feet.

7. Land coverage standards: 90 percent.

8. Height Standards. Buildings shall stair-step from lower heights on the south side of the planning area graduating to greater heights on the north consistent with the wharf district master plan. See master plan for detailed height requirements.

D. Planning Area 4: Harbor Gateway (Marina Support).

1. Character and Use. See wharf district master plan.

2. Design Standards.

a. Streetscape and Public Space Standards. All standards applicable.

b. Building Form Standards. All standards applicable.

c. Architectural Standards. All standards applicable.

d. Private Landscape and Parking Standards. All standards applicable.

i. Parking. Cumulatively, additional development of Planning Area 4 shall not reduce parking space by more than 15 stalls.

3. Building Setback Standards.

a. Setbacks from Marine Drive right-of-way: 10 feet.

b. Setbacks from Shorelines OHWM. See BMC 17.23.030(E).

4. Land coverage standards: 90 percent.

5. Height Standards. Only single story buildings are allowed with a maximum height of 25 feet.

E. Planning Area 5: Waters Edge (Public Access – Includes Subplanning Areas 5a, 5b, 5c, and 5d).

1. Special Conditions. A landscape and site plan for each of the four subplanning areas must be approved through a shorelines development permit prior to any development or construction taking place on the site. The plan must meet the approval criteria contained in BMC 17.23.020.

2. Character and Use. See wharf district master plan.

3. Design Standards.

a. Streetscape and Public Space Standards. All standards applicable.

b. Building Form Standards. All standards applicable.

c. Architectural Standards. All standards applicable.

d. Landscape and Private Parking Standards. All standards applicable.

4. Building Setback Standards.

a. Setbacks from Marine Drive right-of-way: 30-foot setbacks with the exception of the wastewater treatment facility which shall be set back 10 feet from Marine Drive.

b. Setbacks from Shoreline OHWM. Setbacks shall be approved at the time of permit approval for the landscape and site plan for each subplanning area.

5. Land Coverage Standards.

a. Planning Area 5a – Marine Park (passive recreation): 10 percent.

b. Planning Area 5b – Festival Square (parking and community activities): 60 percent.

c. Planning Area 5c – Lighthouse Park (active recreation): 30 percent.

d. Planning Area 5d – The wharf (pedestrian boardwalk and fisherman’s pier): 100 percent.

6. Height Standards. Heights shall be approved at the time of permit approval for the landscape and site plan for each subplanning area.

F. Planning Area 6: Shipyard Industrial Park (Industrial).

1. Character and Use. See wharf district master plan.

2. Design Standards.

a. Streetscape and Public Space Standards. Planning Area 6 is reserved for industrial uses. There are no formal streets and the general public should not be encouraged to enter the area. Consequently, the streetscape and public space standards are only marginally applicable. Where the public does have access, and where appropriate, they will be applied.

b. Building Form Standards. Building form and design in this planning area will be driven by the functional requirements of industry. While the standards in Chapter 17.119 BMC must be considered, where the two are in conflict, industrial design requirements shall prevail.

c. Architectural Standards. Building form and design in this planning area will be driven by the functional requirements of industry. Consequently, where these architectural standards conflict with industrial design requirements, the latter shall prevail.

d. Landscape and Private Parking Standards. No landscaping required.

3. Building Setback Standards.

a. Setbacks from Marine Drive right-of-way: 10 feet.

b. Setbacks from the Shoreline OHWM. See BMC 17.23.030(E).

4. Land coverage standards: 100 percent.

5. Height standards: 40 feet. Higher building heights may be approved by the city council provided:

a. All commercial and residential residents located on Peace Portal Drive within the CB district are notified of a public hearing addressing the proposal; and

b. The building will serve a water-dependent marine industrial use; and

c. The applicant can demonstrate that the proposed building height is a functional requirement for the intended use; and

d. The city council finds that the building will not have a significant obstruction of views from the upland Central Business District.

G. Planning Area 7: Dakota Commons (Commercial).

1. Character and Use. See wharf district master plan.

2. Design Standards.

a. Streetscape and Public Space Standards. All standards applicable.

b. Building Form Standards. All standards applicable.

c. Architectural Standards. All standards applicable.

d. Landscape and Private Parking Standards. Centrally located parking as indicated in the master plan for both Planning Areas 7 and 5d (fisherman’s pier).

3. Building Setback Standards.

a. Setbacks from Marine Drive right-of-way: 10 feet.

b. Setbacks from Shorelines OHWM. See BMC 17.23.030(E).

4. Land coverage standards: 90 percent.

5. Height standards: 35 feet. (Ord. 2674 § 6, 2007)

17.23.050 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2674 § 6, 2007; Ord. 2673 § 2, 2007)

Chapter 17.24
HIGHWAY COMMERCIAL ZONING DISTRICT

Sections:

17.24.010 Purpose.

17.24.020 Permitted uses.

17.24.030 Accessory uses.

17.24.040 Conditional uses.

17.24.050 Lot size.

17.24.060 Setbacks, land coverage, building height and lot width.

17.24.070 Off-street parking.

17.24.080 Signs.

17.24.090 Access.

17.24.100 Screening.

17.24.110 Landscaping.

17.24.120 Appeals.

17.24.010 Purpose.

Highway commercial (HC) districts are designed to provide for establishments offering accommodations or services to motorists, and to provide for non-pedestrian-oriented retail, wholesale, service and repair activities which do not contribute to the creation of unattractive, congested and unsafe highway conditions.

Certain of the highway commercial districts have use restrictions not applicable to all districts. These subzones are noted in BMC 17.24.020 and include:

Subzone A. Purpose is to provide for establishments offering accommodations or services to motorists, and to provide for non-pedestrian-oriented retail, wholesale, service and repair activities.

Subzone B. Purpose is to provide for businesses that depend upon a border location.

Subzone C. Purpose is to provide for businesses and services that support the Central Business District. This district is intended to service highway motorists, the auto-oriented demand from the central business (CB) district and adjacent residential neighbors, including those in this district. The height, density and minimum setbacks are intended to encourage accessible and affordable housing in an urban environment. As such, this district should include pedestrian amenities and routes that facilitate safe passage to adjacent residential neighborhoods, the Peace Arch Park, and the CB – Market and Wharf districts. While not a part of the CB district, its character and function should be complementary to the CB district with little impact on the low-density neighbors to the south and east.

Subzone D. Purpose is to provide for business and services in a residential traditional area. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003)

17.24.020 Permitted uses.

Uses allowable in the highway commercial district vary within each of the four subzones, and therefore permitted uses are defined in general terms:

A. Subzone A. Uses allowable in this subzone are too extensive to enumerate; therefore, permitted uses are defined in general terms:

1. Overnight accommodations, eating and drinking and entertainment establishments;

2. Other commercial services, including auto-oriented services such as car washes, truck and auto repair, recreational vehicle support and services, machinery, and gas stations;

3. Retail and wholesale goods, sales and service;

4. Offices and related business activity;

5. Day care centers and nursing or convalescent homes;

6. Other commercial and service uses of similar or less impact upon the district than uses defined above in this section, such as car washes, veterinary clinics, laundromats, produce sales, plant nurseries, etc.

B. Subzone B.

1. Retail and wholesale goods, sales and service such as duty-free stores;

2. Offices such as brokerage houses;

3. Warehouses such as bonded warehouses;

4. Governmental facilities;

5. Other uses approved by the review authority demonstrated to be directly dependent on a border location.

C. Subzone C.

1. Overnight accommodations, eating and drinking establishments;

2. Other commercial services, including auto-oriented services such as car washes and gas stations;

3. Bus terminals;

4. Governmental facilities;

5. Day care centers, nursing or convalescent homes and health care facilities;

6. Retail sales and service such as duty-free stores;

7. Offices and related business activity;

8. Residential units above the first floor.

D. Subzone D.

1. Offices and related business activity;

2. Restaurants;

3. High-density residential development when consistent with Chapter 17.28 BMC, Residential High-Density Zoning District, and related provisions;

4. Day care centers, nursing or convalescent homes and health care facilities;

5. Overnight accommodations. (Ord. 2673 §§ 2, 3, 2007; Ord. 2557 § 1, 2003; Ord. 2554 § 3, 2003)

17.24.030 Accessory uses.

Accessory uses in the highway commercial district are as follows:

A. Subzone A – Peace Portal.

1. Dwelling units in conjunction with and accessory to the permitted use;

2. Uses customarily incidental to the permitted use;

B. Subzone B – Border.

1. Uses customarily incidental to the permitted use;

C. Subzone C – Central Business Support.

1. Dwelling units in conjunction with and accessory to the permitted use;

2. Uses customarily incidental to the permitted use;

3. Family day care homes, adult day cares and adult family care facilities. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.24.040)

17.24.040 Conditional uses.

Conditional uses in the highway commercial district are as follows:

A. Subzone A – Peace Portal.

1. Manufacturing or assembly operations of small scale, not to exceed 5,000 square feet of floor space;

2. High-density residential development when consistent with Chapter 17.28 BMC, Residential High-Density Zoning District, and related provisions.

B. Subzone B – Border.

1. Manufacturing or assembly operations of small scale, not to exceed 5,000 square feet of floor space.

C. Subzone C – Central Business Support.

1. Up to a 50 percent reduction in right-of-way setbacks and/or increases in land coverage up to 90 percent, provided it can be demonstrated that adjacent property owners are not adversely impacted, and the lot is not located adjacent to permanent residential dwelling units.

D. Major development as defined in BMC 17.142.353 in all subzones. (Ord. 2673 §§ 2, 3, 2007; Ord. 2628 § 2, 2006; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003. Formerly 17.24.050)

17.24.050 Lot size.

No minimum lot size is required in the highway commercial district. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.24.060)

17.24.060 Setbacks, land coverage, building height and lot width.

	A	B	C	D
Front yard setbacks – R.O.W. (Alleys not included)
Buildings	15'	15'	15'	20'
Parking	20'	15'	15'	20'
Merchandise display	20'	15'	15'	20'
Side and rear yard setbacks
Adjacent residential	10'	10'	10'	10'
Adjacent nonresidential	10'	0'	5'	10'
Land coverage	60%	60%	80%	50%
Building height	35'	35'	45'	35'
Lot width	50'	50'	50'	50'

(Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003. Formerly 17.24.070)

17.24.070 Off-street parking.

Parking shall be required in the highway commercial district in accordance with specifications outlined in Chapter 17.124 BMC. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.24.080)

17.24.080 Signs.

See Chapter 17.122 BMC et seq. (Ord. 2673 § 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.24.090)

17.24.090 Access.

A. Where feasible, access to uses is to be limited and common driveways delineated through use of rolled-on vertical curbs. Traffic shall not be allowed to back into highways or collector streets. For those use areas projected to generate high volumes of traffic, acceleration, deceleration and left-turn lanes may be required. New construction and remodeling of existing structures exceeding 50 percent of assessed value shall install street improvements including curbs, gutters (with related drainage), sidewalks, landscaping and street widening, turning movements or intersection improvements required by the city engineer.

B. In Subzone D, no commercial access will be allowed from streets abutting a residential district. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.24.100)

17.24.100 Screening.

At those locations where a commercial use is proposed on a lot or lots which abut or are across an alley from a residential low-density, medium-density, high-density, or residential/office district, a screening buffer is required. A landscape plan shall be prepared and approved by the city with the building permit drawings.

Landscaping shall be provided as per the standards defined in Chapter 17.126 BMC. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.24.110)

17.24.110 Landscaping.

A. Subzones HCa, HCb, HCd. Landscaping shall be installed pursuant to Chapter 17.126 BMC.

B. Subzone HCc.

Intent: The streetscape in this district should be planned and coordinated to enhance and define the aesthetic character of the district, provide for safe pedestrian circulation, and reduce the concentration of lighting and noise that will be generated in this auto-oriented district. To this end, careful site planning should be applied and reviewed prior to final building permit approval.

1. In addition to achieving compliance with Chapter 17.126 BMC, all development in the highway commercial subzone c (HCc) district shall include street trees on all property boundaries abutting street rights-of-way. Red Maple varieties shall be the preferred species unless a compatible tree species is determined to more effectively enhance and integrate the aesthetic character of the district.

2. A visual relief buffer consistent with BMC 17.126.060 shall be planted between each street tree. The buffer may take many configurations but should help intercept lighting, reduce off-site impacts and visually enhance and integrate the district’s appearance. (Ord. 2673 § 3, 2007)

17.24.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.26
RESIDENTIAL/OFFICE (R/O) ZONING DISTRICT

Sections:

17.26.010 Purpose.

17.26.020 Permitted uses.

17.26.030 Accessory uses.

17.26.040 Conditional uses.

17.26.050 Minimum lot size and maximum density.

17.26.060 Setbacks.

17.26.070 Land coverage.

17.26.080 Height limit.

17.26.090 Lot width.

17.26.100 Off-street parking.

17.26.110 Screening.

17.26.120 Impact to adjacent residential housing.

17.26.130 Site design.

17.26.140 Appeals.

17.26.010 Purpose.

The residential/office (R/O) district is intended to accommodate a mix of multifamily residential buildings and office space that architecturally reflect the historic character of this area. Because this district fronts Peace Portal Drive, a gateway street into the downtown commercial center, these buildings should visually enhance this route. (Ord. 2673 §§ 2, 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.020 Permitted uses.

Permitted uses in the residential/office district are:

A. Single-family dwellings;

B. Office space under 1,000 square feet that blends with the historic residential character of the surrounding neighborhood, and results in minimal impact to the adjacent neighborhoods. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.030 Accessory uses.

A. Accessory uses in the residential/office district are garages, swimming pools, storage and other uses customarily incidental to the permitted use.

B. Family day care homes and adult family care facilities. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.040 Conditional uses.

A. Nursing homes.

B. Day care centers.

C. Major development as defined in BMC 17.142.353.

D. Multifamily dwellings.

E. Office space 1,000 square feet or greater, provided only sales of incidental merchandise are allowed, and the facility blends with the residential character of the district and has a minimal impact on the adjacent neighborhoods. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.26.050 Minimum lot size and maximum density.

A. Minimum lot size in the residential/office district is 6,000 square feet.

B. Maximum density is 24 units per acre. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.060 Setbacks.

Setbacks in the residential/office district are:

A. Front, 20 feet;

B. Rear, 20 feet;

C. Side, eight feet on each side on lots up to 50 feet of frontage. Twelve feet on lots from 51 to 75 feet of frontage. Lots over 75 feet of frontage shall have 16-foot side yard setbacks. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.070 Land coverage.

Maximum land coverage in the residential/office district is 60 percent. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.080 Height limit.

The height limit in the residential/office district is 35 feet. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.090 Lot width.

Minimum lot width in the residential/office district is 50 feet. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.100 Off-street parking.

A. Off-street parking shall be provided in the residential/office district in accordance with specifications in Chapter 17.124 BMC.

B. Parking along Peace Portal Drive is restricted.

C. Parking shall be located in such a manner that access is gained from side streets and single-family housing in the SF districts is minimally impacted by associated traffic. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.26.110 Screening.

In addition to those landscape requirements in Chapter 17.126 BMC, at those locations in the residential/office district where an office use is proposed on a lot or lots which abut or are across an alley from residential units, a sight-obscuring buffer is required. This buffer area shall be a minimum of six feet wide and consist of vegetation and fencing (if necessary) which shall be a minimum of six feet high at the time of installation. A minimum of one tree per 80 square feet of buffer area shall be required. (Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003. Formerly 17.26.120)

17.26.120 Impact to adjacent residential housing.

A. Light shall not trespass on adjacent properties nor result in glare to adjacent residential occupants.

B. Outdoor lights shall be shielded so that the direct light from the fixture is directed downward and does not cross property lines as indicated in this illustration.

(Ord. 2673 § 3, 2007; Ord. 2628 § 2, 2006)

17.26.130 Site design.

A. Front Yards/Entrances.

1. Where feasible, when lots abut Peace Portal Drive, primary use structures shall be fronted on and oriented towards Peace Portal Drive.

2. Front yards shall be designed to function as usable outdoor space and provide a clear, welcoming and safe entry for pedestrians from the public sidewalk and streets.

3. Landscaping shall screen outdoor storage areas and dumpsters.

B. Location of Garages.

1. Where feasible, garages shall be located away from the street frontage of the primary building.

2. Garage doors and automobiles shall not dominate front yards.

3. Garages shall be subordinate to the primary building with similar design and materials. (Ord. 2673 § 3, 2007)

17.26.140 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.28
RESIDENTIAL HIGH-DENSITY ZONING DISTRICT

Sections:

17.28.010 Purpose.

17.28.020 Permitted uses.

17.28.030 Accessory uses.

17.28.040 Conditional uses.

17.28.050 Minimum lot size.

17.28.060 Setbacks.

17.28.070 Land coverage.

17.28.080 Height limit.

17.28.090 Lot width.

17.28.100 Off-street parking.

17.28.110 Appeals.

17.28.010 Purpose.

The residential high-density (RH) district is intended to satisfy the need for higher concentrations of population, and demand for multifamily detached housing. These RH districts are to be located in areas where demands of higher-density population would not overburden existing public services and facilities such as roads, sidewalks, parks and utilities. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.020 Permitted uses.

Permitted uses in the residential high-density district are:

A. Single-family dwellings;

B. Multifamily dwellings, up to 18 units per acre. More than 18 units requires a conditional use permit;

C. Schools. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.030 Accessory uses.

Accessory uses in the residential high-density district are garages, swimming pools, family day care homes, adult day cares and adult family care facilities and other uses customarily incidental to the permitted uses. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.040 Conditional uses.

Conditional uses in the residential high-density district are:

A. Churches;

B. Elderly housing or nursing homes;

C. Densities greater than 18 units per acre but not more than 24 units per acre;

D. Day care centers;

E. Major development as defined in BMC 17.142.353. (Ord. 2673 § 2, 2007; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.28.050 Minimum lot size.

For single-family dwellings in the residential high-density district the minimum lot size is 6,000 square feet. For multifamily the requirement is 6,000 square feet for the first unit and 2,000 square feet for each additional unit. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.060 Setbacks.

Setbacks in the residential high-density district are:

A. Front, 20 feet;

B. Rear, 20 feet;

C. Side, eight feet on each side. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.070 Land coverage.

Maximum land coverage in the residential high-density district is 60 percent. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.080 Height limit.

The height limit in the residential high-density district is 35 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.090 Lot width.

Minimum lot width in the residential high-density district is 50 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.100 Off-street parking.

Off-street parking shall be provided in the residential high-density district in accordance with specifications in Chapter 17.124 BMC. Requirements may be reduced through review authority approval upon a show of evidence that less spaces are needed because of special circumstances inherent in the occupancy of the units; e.g., senior citizen or studio apartments. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.28.110 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.30
RESIDENTIAL MEDIUM-DENSITY ZONING DISTRICT

Sections:

17.30.010 Purpose.

17.30.020 Permitted uses.

17.30.030 Accessory uses.

17.30.040 Conditional uses.

17.30.050 Minimum lot size.

17.30.060 Setbacks.

17.30.070 Land coverage.

17.30.080 Height limit.

17.30.090 Lot width.

17.30.100 Off-street parking.

17.30.110 Appeals.

17.30.010 Purpose.

The residential medium-density (RM) district is intended to accommodate single and multifamily residences up to fourplexes. These areas are to be conveniently located in relation to traffic routes, public utilities and community facilities of adequate capacity to serve present and projected demands. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.020 Permitted uses.

Permitted uses in the residential medium-density district are:

A. Single-family dwellings;

B. Duplexes, triplexes and fourplexes;

C. Schools. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.030 Accessory uses.

Garages, swimming pools, family day care homes, adult day cares and adult family care facilities, and other uses customarily incidental to the permitted uses in the residential medium-density district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.040 Conditional uses.

Conditional uses in the residential medium-density district are:

A. Churches;

B. Elderly housing or nursing homes;

C. Day care centers;

D. Fiveplexes and sixplexes (see BMC 17.30.050 for minimum lot sizes);

E. Major development as defined in BMC 17.142.353. (Ord. 2673 § 2, 2007; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.30.050 Minimum lot size.

In the residential medium-density district the minimum lot size, in square feet, is:

A. Single-family dwelling, 6,000;

B. Duplex, 7,500;

C. Triplex, 11,250;

D. Fourplex, 15,000;

E. Fiveplex, 18,500;

F. Sixplex, 22,000. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.060 Setbacks.

Setbacks in the residential medium-density district are:

A. Front, 20 feet;

B. Rear, 20 feet;

C. Side, eight feet on each side; except, for fiveplexes and sixplexes, in which units attached on both exterior side walls shall not require side yard setbacks. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.070 Land coverage.

Maximum land coverage in the residential medium-density district is 40 percent. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.080 Height limit.

The height limit in the residential medium-density district is 35 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.090 Lot width.

Minimum lot width in the residential medium-density district is 50 feet, except as provided in BMC 17.30.050 for development contract multiplexes, in which lot width for units attached on both exterior side walls shall be 25 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.100 Off-street parking.

Off-street parking shall be provided in the residential medium-density district in accordance with specifications in Chapter 17.124 BMC. Requirements may be reduced through review authority approval upon a show of evidence that less spaces are needed because of special circumstances inherent in the occupancy of the units; e.g., senior citizen or studio apartments. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.30.110 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.31
SINGLE-FAMILY – 2 (SF-2) ZONING DISTRICT

Sections:

17.31.010 Purpose.

17.31.020 Permitted uses.

17.31.030 Accessory uses.

17.31.040 Conditional uses.

17.31.050 Minimum lot size.

17.31.060 Setbacks.

17.31.070 Land coverage.

17.31.080 Height limit.

17.31.090 Lot width.

17.31.100 Off-street parking.

17.31.110 Design standards.

17.31.120 Appeals.

17.31.010 Purpose.

The intent of the single-family – 2 district is to maintain and create an environment which meets the community needs for attached single-family dwellings and single-family dwellings with small accessory apartments, by restricting other uses within the district and by establishing a minimum lot size. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.31.020 Permitted uses.

A. Single-family detached dwellings;

B. Attached single-family dwelling units on two adjoining lots; provided, that the attached units appear as if they are clearly either one single unit or two distinct housing units. Treatments to promote distinct unit appearance shall include separate driveways for each unit, separate prominent entries for each unit, differences in exterior colors for each unit, or other features to enhance the appearance of the structure and encourage compatibility with its surroundings. (Ord. 2628 § 2, 2006)

17.31.030 Accessory uses.

A. Accessory apartments regulated at Chapter 17.102 BMC when accessory to one detached single-family residence on one lot;

B. Family day care homes, adult family care facilities;

C. Garages, swimming pools and other uses customarily incidental to the permitted use. (Ord. 2628 § 2, 2006)

17.31.040 Conditional uses.

A. Churches;

B. Nursing homes;

C. Day care centers. (Ord. 2628 § 2, 2006)

17.31.050 Minimum lot size.

A. Six thousand square feet for a detached single-family home;

B. Three thousand seven hundred fifty square feet for one single-family home on one lot when attached (zero setback on one side) to another approved housing unit. (Ord. 2628 § 2, 2006)

17.31.060 Setbacks.

Setbacks for dwellings in this district are:

A. Front: 20 feet;

B. Rear: 20 feet;

C. Side:

1. Detached single-family units – eight feet;

2. Attached single-family units – 10 feet on yard side and zero feet on the common side;

D. For special setback requirements on corner lots, see Chapter 17.130 BMC. For setbacks for detached accessory structures, see Chapter 17.104 BMC.

(Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.31.070 Land coverage.

Maximum land coverage in this district is 40 percent. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.31.080 Height limit.

The maximum height in this district is 35 feet, provided residential buildings are limited to two stories and livable attic space. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.31.090 Lot width.

Minimum lot width in this district is:

A. Fifty feet for a single-family residence.

B. Thirty-seven and one-half feet for one single-family residence on one lot when attached (zero setback on one side) to another approved housing unit. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.31.100 Off-street parking.

Off-street parking shall be provided in accordance with the provisions of Chapter 17.124 BMC and BMC 17.121.060. (Ord. 2628 § 2, 2006)

17.31.110 Design standards.

All development (including remodels and additions) in this chapter shall comply with the design standards contained in Chapter 17.121 BMC. (Ord. 2628 § 2, 2006)

17.31.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.32
SINGLE-FAMILY – 1 UNIT/LOT (SF-1) ZONING DISTRICT

Sections:

17.32.010 Purpose.

17.32.020 Permitted uses.

17.32.030 Accessory uses.

17.32.040 Conditional uses.

17.32.050 Minimum lot size.

17.32.060 Setbacks.

17.32.070 Land coverage.

17.32.080 Height limit.

17.32.090 Lot width.

17.32.100 Off-street parking.

17.32.110 Design standards.

17.32.120 Appeals.

17.32.010 Purpose.

The intent of the single-family-1 (SF-1) district is to maintain and create an environment which meets the community needs for single-family dwellings with small accessory apartments, by restricting other uses within the district and by establishing a minimum lot size. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.020 Permitted uses.

Single-family detached dwellings. (Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.030 Accessory uses.

A. Accessory apartments regulated at Chapter 17.102 BMC;

B. Family day care homes, adult family care facilities;

C. Garages, swimming pools and other uses customarily incidental to the permitted use. (Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.040 Conditional uses.

A. Churches;

B. Nursing homes;

C. Day care centers. (Ord. 2628 § 2, 2006; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.32.050 Minimum lot size.

For single-family homes or single-family homes with accessory apartments in this district, the minimum lot size is 6,000 square feet. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.060 Setbacks.

Setbacks for dwellings in this district are:

A. Front, 20 feet;

B. Rear, 20 feet;

C. Side, eight feet.

For special setback requirements on corner lots, see Chapter 17.130 BMC. For setbacks for detached accessory structures, see Chapter 17.104 BMC. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.070 Land coverage.

Maximum land coverage in this district is 40 percent. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.080 Height limit.

The maximum height in this district is 35 feet, provided residential buildings are limited to two stories and livable attic space. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.090 Lot width.

Minimum lot width in this district is 50 feet. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.100 Off-street parking.

Off-street parking shall be provided in accordance with the provisions of Chapter 17.124 BMC and BMC 17.121.060. (Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.110 Design standards.

All development (including remodels and additions) in this chapter shall comply with the design standards contained in Chapter 17.121 BMC. (Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.32.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.34
RESIDENTIAL LOW-DENSITY ZONING DISTRICT

Sections:

17.34.010 Purpose.

17.34.020 Permitted uses.

17.34.030 Accessory uses.

17.34.040 Conditional uses.

17.34.050 Minimum lot size.

17.34.060 Setbacks.

17.34.070 Land coverage.

17.34.080 Height limit.

17.34.090 Lot width.

17.34.100 Off-street parking.

17.34.110 Repealed.

17.34.120 Appeals.

17.34.010 Purpose.

The intent of the residential low-density (RL) district is to maintain and create an environment which meets the needs for single-family detached residential housing by restricting uses within the district and by establishing a minimum lot size and a maximum density. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.020 Permitted uses.

Single-family detached dwellings, up to six units per acre, are the permitted use in the residential low-density district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.030 Accessory uses.

Garages, swimming pools, family day care homes, adult day cares and adult family care facilities and other uses customarily incidental to the permitted use are accessory uses in the residential low-density district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.040 Conditional uses.

Conditional uses in the residential low-density district are:

A. Churches;

B. Day care centers;

C. Golf/country clubs;

D. Major development as defined in BMC 17.142.353. (Ord. 2673 § 2, 2007; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.34.050 Minimum lot size.

For single-family homes in the residential low-density district, the minimum lot size is 7,200 square feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.060 Setbacks.

Setbacks in the residential low-density district are:

A. Front, 25 feet;

B. Rear, 30 feet;

C. Side, eight feet on each side. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.070 Land coverage.

Maximum land coverage in the residential low-density district is 35 percent. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.080 Height limit.

The height limit in the residential low-density district is 30 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.090 Lot width.

Minimum lot width in the residential low-density district is 70 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.100 Off-street parking.

Off-street parking shall be provided in the residential low-density district in accordance with specifications in Chapter 17.124 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.34.110 Airfield area regulations.

Repealed by Ord. 2692. (Ord. 2554 § 3, 2003)

17.34.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.38
RESIDENTIAL PLANNED RECREATION ZONING DISTRICT

Sections:

17.38.010 Purpose.

17.38.020 Permitted uses.

17.38.030 Permitted accessory uses (secondary to permitted uses).

17.38.031 Conditional uses.

17.38.040 Master plan standards.

17.38.050 Minimum lot size.

17.38.060 Setback – Land coverage – Height – Lot width.

17.38.070 Off-street parking.

17.38.080 Appeals.

17.38.010 Purpose.

A. The intent of the residential planned recreation (RPR) district is to create a residential community overlay district relating to areas within the residential recreation district oriented toward recreation activities such as golf/tennis, hiking and biking. Flexibility of residential unit types, density and mix is allowed in order to provide the recreation facilities and major open space system and to retain the steep slope areas and shorelines in as natural a state as possible. The performance standards in the district require the preparation of an overall master plan for the development to achieve the flexibility of residential unit types and commercial accessory uses, and to provide a guide to phasing the project.

B. The purpose of this planned approach is the same as those in Chapter 17.48 BMC, Planned Unit Development. Developments under this chapter shall be subject to the procedures for application and approval described in Chapter 17.48 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.020 Permitted uses.

Uses permitted in the residential planned recreation district are as follows:

A. Single-family detached and attached, standard lot and clustered units and multiple-family, up to an average density of three units per net acre (gross acreage less public road right-of-way and commercial uses);

B. Public golf courses with clubhouse and related facilities;

C. Athletic clubs for uses such as tennis, racquetball and swimming;

D. Public parks, schools, fire stations and utilities. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.030 Permitted accessory uses (secondary to permitted uses).

Accessory uses in the residential planned recreation district are as follows:

A. Garages, swimming pools and other uses customarily incidental to the permitted single-family detached dwellings; limited commercial activity area to serve the planned residential, planned marine recreation and areas immediately adjacent to the city including: convenience retail, offices, eating and drinking establishments, athletic clubs, and parking related to adjacent marine uses;

B. Churches; boat moorages of launching areas; motels, gas stations, other recreation facilities such as wave pools, water slides may also be approved, with conditions, in conjunction with the commercial activity center;

C. Family day care homes, adult day cares and adult family care facilities. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.031 Conditional uses.

Conditional uses in the residential planned recreation district are:

A. Day care centers;

B. Major development as defined in BMC 17.142.353. (Ord. 2673 § 2, 2007; Ord. 2577 § 5, 2004; Ord. 2554 § 3, 2003)

17.38.040 Master plan standards.

A. An overall master plan for the development in the planned district must be approved prior to the issuance of any development permits on the site. Permits for first phase actions can be processed as a planned unit development at the same time as the overall master plan at the discretion of the city review authority. If the entire area of the residential recreation district is not included in the master plan, the relationship to existing uses or areas not included must be indicated and considered in the master plan. If the area of developed property (or approved applications) at the time of application is less than 30 percent of the total area of the district, that developed or approved property can be included in the planned district and its area used for purposes of calculating bonuses. Projects must be consistent with the overall master plan for the district and cannot receive additional density bonuses as provided in BMC 17.48.280 through 17.48.310. The plan shall describe the following:

1. Proposed uses and their extent and general location on the site;

2. Circulation and access, both vehicular and pedestrian and including proposed phasing;

3. Provisions for public services and facilities;

4. Parking at major activity centers with consideration of excess parking for uses on Semiahmoo Spit;

5. General landscaping, buffers and screening consistent with the unique natural setting;

6. Compatibility in the design and scale of lighting and signs;

7. Orientation to focal point or points or design themes;

8. Preservation of unique natural features and consideration of views from and to the planned area;

9. Unregulated and regulated public access to shorelines;

10. Relation to existing uses and provisions in the comprehensive plan;

11. Phasing of the development including at least the location, use, density, extent, or amount by each phase; general timing (ranges); opportunity for reviews at major milestones (i.e., 25 percent, 50 percent, 75 percent completion); relationship to development on Semiahmoo Spit; and reasonable security devices to assure projects approved in each phase are completed.

B. The plan shall contain reports, maps, sketches and supporting documents to adequately describe the applicant’s proposal. The scope of the needed reports, and their process and schedule of review and approval would be established and monitored by the city. Written documents required for the master plan should include, but are not limited to, the following:

1. Statement of objectives to be achieved including a description of the overall development program, the character of the proposed development, the geographic area to be included, its relationship to its surroundings and the rationale behind the assumptions made by the applicant;

2. Description of existing site conditions including but not limited to topography, watercourses, soils/geologic conditions, unique natural and built features, forest cover and other items required to fully understand the site. Supplementary reports may be included for reference;

3. Written plan sections, plans and maps (at adequate scales), photographs, sketches or models, necessary to describe the plan elements required in subsection A of this section;

4. Quantitative data by development parcels necessary to administer phased projects (i.e., parcel size, number and types of dwelling units or commercial facilities, density, lot coverage, open space, parking, etc.);

5. Economic feasibility studies or market analyses necessary to evaluate phasing proposals and fiscal impact on the city;

6. Implementation of the development including overall phasing, construction of public streets, facilities and utilities and description of security devices required to assure the project is completed as approved;

7. Description of applications necessary for the development;

8. Other documentation required by the review authority or city council.

C. An environmental checklist, as defined in the State Environmental Policy Act, will be done for the overall master plan evaluating the impact of the above items.

D. Architectural and site design standards and project phasing will be prepared as part of the overall master plan.

E. The review authority shall use the above criteria in review of master plans and projects in the residential planned recreation district and shall indicate results of the review in their recommendations to the city council. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.050 Minimum lot size.

Minimum lot size for the residential planned recreation district will be established in the approved master plan for the district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.060 Setback – Land coverage – Height – Lot width.

Setbacks, land coverage, height limit and lot width for the residential planned recreation district will be established and approved as part of the master plan and individual phases. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.070 Off-street parking.

Off-street parking for the residential planned recreation district shall be provided in accordance with specifications in Chapter 17.124 BMC, Parking and Loading, or as modified in the approved master plan for the district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.38.080 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.40
RURAL ZONE

(Repealed by Ord. 2628)

Chapter 17.42
PLANNED RESIDENTIAL ZONING DISTRICT

Sections:

17.42.010 Purpose.

17.42.020 Permitted uses.

17.42.030 Accessory uses.

17.42.040 Conditional uses.

17.42.050 Maximum density, minimum lot size.

17.42.060 Setbacks – Land coverage – Height – Lot width.

17.42.070 Off-street parking.

17.42.080 Modifications and reinforcement to the planned unit development standards.

17.42.090 Appeals.

17.42.010 Purpose.

A. The intent of the planned residential (PR) district is to promote an orderly transition from a rural to residential development, to encourage land uses and associated densities which will be complementary with existing rural densities, while allowing reasonable transition uses of the properties. In addition, it is the intent of this district to provide the opportunity for the development of building sites which will maximize the efficient use of both energy and land use by allowing an option for clustering of residential lots (see BMC 17.62.050).

Flexibility of residential unit types, density and mix is allowed in order to provide major open space systems and to retain the wetlands, streams, aquifer recharge areas, and wildlife habitat corridors in as natural a state as possible. The performance standards in the district require the preparation of a planned unit development for the development to achieve the flexibility of residential unit types and commercial accessory uses, and to provide a guide to phasing any future project.

B. The purpose of this planned approach is the same as that in Chapter 17.48 BMC, Planned Unit Development. Developments under this chapter shall be subject to the procedures for application and approval described in Chapter 17.48 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.42.020 Permitted uses.

Permitted uses in the planned residential district are:

A. Single-family detached dwellings;

B. Single-family attached dwellings; provided, that public sewer, water, storm water collection (quality) and retention (quantity) facilities serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the district;

C. Garden and plant nurseries;

D. Raising of crops and livestock, excluding dairy farming;

E. Noncommercial neighborhood parks and public recreation facilities;

F. Agriculture including animal husbandry, horticulture, viticulture, floriculture, silviculture and beekeeping;

G. Manufactured home subdivisions when developed in compliance with Chapter 17.112 BMC;

H. Manufactured home parks when developed in compliance with Chapter 17.116 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.42.030 Accessory uses.

Garages, home occupations, swimming pools, and other uses customarily incidental to the permitted uses are accessory uses in the planned residential district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.42.040 Conditional uses.

Conditional uses in the planned residential district are:

A. Kennels;

B. Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses;

C. Public schools, and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction;

D. Churches, educational and religious training institutions, summer camps, and cemeteries;

E. Retirement, boarding and convalescent homes, social and health rehabilitation centers, child and adult care centers in a building not used as a primary residence except as it relates to the owner or manager of said facility; and other health-related services consistent with the purpose of the district;

F. Neighborhood grocery stores, drug stores, barber/beauty shops, laundromats or restaurants; provided, that:

1. The gross commercial floor area per building shall not exceed 8,000 square feet, including sales and storage areas. No single use or business within the 8,000 square foot area shall exceed 2,500 square feet;

2. Storage areas shall be located entirely within the structure; however, outside trash receptacles shall be enclosed and screened from public view;

3. Hours of operation shall be limited to 7:00 a.m. through 11:00 p.m.;

4. Height of the building shall not exceed 25 feet from the average grade;

5. The site shall be full fronting on two or more improved public roads or streets;

6. All lighting shall be designed and installed to prevent the illumination of adjacent properties during business hours; however, security lighting may be permitted during nonbusiness hours if it is designed to prevent the illumination of adjacent properties;

G. One accessory apartment per single-family detached residence.

1. There shall be not more than one accessory apartment per lot;

2. The owners of the lot shall occupy one of the dwelling units on the premises;

3. Adequate provision has been made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory apartment;

4. There shall be only one front entrance to the house visible from the front yard and street;

5. The accessory apartment shall be clearly a subordinate part of an existing building attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch, and there shall be no external evidence of occupancy of more than one dwelling unit; and

6. The accessory apartment shall be no larger than 35 percent of the original square footage of the existing dwelling unit and all existing building setbacks and lot coverage requirements shall be existing regulations;

H. Bed and breakfast lodgings (Chapter 17.98 BMC);

I. Golf courses and commercial recreation facilities related to golf courses with a residential housing component are allowed under the planned unit development process subject to the following:

1. Full compliance with the aquifer protection development standards;

2. Evidence of a viable nondomestic water source for irrigation. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.42.050 Maximum density, minimum lot size.

For the purpose of creating new building lots within the planned residential district, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, storm water collection and retention facilities serve the project site. The minimum lot size allowed outright shall be one unit in five acres for a single-family dwelling unit; however, if the property is served by public sewer, water, storm water quality and quantity drainage facilities, and is designed under Blaine’s planned unit development ordinance, then the maximum average density shall be four units per acre excluding any density bonus allowed by existing ordinance. (Ord. 2554 § 3, 2003)

17.42.060 Setbacks – Land coverage – Height – Lot width.

A. Those properties not developed under a planned unit development shall have the following setbacks:

1. Front, 25 feet;

2. Rear, 30 feet;

3. Side, eight feet on each side.

B. Height limit is 30 feet.

C. Maximum land coverage is 35 percent and minimum lot width shall be 75 feet.

D. Those properties developed as a planned unit development shall have setbacks/land coverage, and lot width established and approved as part of the planned unit development process. Height limit is 35 feet or three stories. The minimum open space requirements under the lot cluster provision shall be 20 percent and any deviation from this provision shall only be allowed at the discretion of the director. Critical areas shall be considered part of the open space area in order to protect them from human activity. (Ord. 2554 § 3, 2003)

17.42.070 Off-street parking.

Off-street parking for the planned residential district shall be provided in accordance with specifications in Chapter 17.124 BMC, Parking and Loading, or as modified in the approved plan for the district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.42.080 Modifications and reinforcement to the planned unit development standards.

A. A planned unit development must be approved by the city prior to the issuance of any development permits on the site (per Chapter 17.48 BMC). If the entire area of planned residential district is not included in the planned unit development, the relationship to existing uses or areas not included must be indicated and considered in the overall plan. The plan shall contain reports, maps, sketches and supporting documents to adequately describe the applicant’s proposal. Written documents required for the master plan should include, but are not limited to, the following:

1. Description of existing site conditions including but not limited to topography, watercourses, soils/geologic conditions, unique natural and built features, forest cover, wetlands, wildlife corridors and aquifer recharge areas and other items required to fully understand the site. Supplementary reports may be included for reference;

2. Phasing of the development including at least the location, use, density, extent, or amount by each phase; general timing (ranges); and reasonable security devices to assure projects approved in each phase are completed;

3. Economic feasibility studies or market analyses necessary to evaluate phasing proposals and fiscal impact on the city;

4. Other documentation required by the city.

B. An environmental checklist for each phase of the development, as defined in the State Environmental Policy Act, will be done for the overall planned unit development evaluating the impact of the above items.

C. The review authority shall use the above criteria in review of planned unit development plans in the planned residential district and shall indicate results of the review in their recommendations to the city council.

D. Planned unit development proposals in an aquifer recharge area shall be evaluated for their potential adverse impacts on ground water quality and quantity. The project shall be conditioned to minimize the potential contamination from such sources. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.42.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.44
PLANNED COMMERCIAL ZONING DISTRICT

Sections:

17.44.010 Purpose.

17.44.020 Permitted uses.

17.44.030 Prohibited uses.

17.44.040 Conditional uses.

17.44.050 Minimum lot size.

17.44.060 Setback, land coverage and height limit.

17.44.070 Off-street parking.

17.44.080 Screening.

17.44.090 Development standards.

17.44.100 Appeals.

17.44.010 Purpose.

The planned commercial (PC) district is created to allow establishment of commercial shopping centers which conform to an overall development plan. An area zoned planned commercial which is going to be developed under these regulations must be a contiguous parcel under one ownership, or with binding agreements acceptable to the city indicating joint development. Minimum site size for a planned commercial development is five acres. The primary purpose of this district is to meet the need for new commercial areas while avoiding adverse impacts to surrounding uses and streets. Planned commercial district applications must conform to the requirements and procedures of Chapter 17.48 BMC.

Existing uses on parcels of one acre or less may be expanded once up to a maximum of 50 percent with an approved building permit through administrative review, unless otherwise required by this chapter; provided adequate provision is made for streets, water, sewer and drainage prior to occupancy. If the existing commercial use abuts residential property, provision for a screening buffer shall be made per BMC 17.44.080.

New, relocated or transitional uses/activities being built on sites less than five acres can be approved as conditional uses so long as the use is consistent with the uses permitted as conditional uses in BMC 17.44.040, meet required development standards listed in this chapter, and acceptable provision for streets, water, sewer and drainage is made prior to occupancy. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.020 Permitted uses.

Permitted uses in the planned commercial district are:

A. Retail sales and service;

B. Medical offices;

C. Financial, insurance and real estate offices;

D. Restaurants, drinking and entertainment establishments;

E. Laundromats;

F. Overnight accommodations;

G. Commercial recreation facilities such as swimming pools, bowling alleys, skating rinks and miniature golf;

H. Commercial day care centers;

I. Multiple-family dwellings up to 18 units per acre. (First unit at 6,000 each, additional at 2,200 square feet.) (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.030 Prohibited uses.

The following uses are prohibited in the planned commercial district:

A. Adult bookstores;

B. Adult motion picture theaters;

C. Adult mini-motion-picture theaters;

D. Body painting studios;

E. Escort services;

F. Massage parlors;

G. Model studios;

H. Pawnshops;

I. Shoeshine parlors;

J. Taxi dance halls;

K. Flea markets;

L. Other uses which are not listed as permitted or conditional uses. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.040 Conditional uses.

Those uses which are permitted in this district as part of a planned development (five-acre minimum parcel size) which are proposed for development on a parcel smaller than five acres are conditional uses. In addition to the uses specified at BMC 17.44.020, the following are conditional uses in this district:

A. Auto service and gas stations;

B. RV parks meeting established standards in Chapter 17.108 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.050 Minimum lot size.

A. Planned commercial developments must be a minimum of five acres.

B. Planned commercial district area lot size for conditional uses, unless otherwise specified in this chapter, shall be determined by the review authority.

C. No minimum lot size is required for existing uses; for purposes of expanding an existing use per BMC 17.44.010, a maximum lot size of one acre is allowed. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.060 Setback, land coverage and height limit.

A. Setback, land coverage and height limit in the planned commercial district are to be established through site plan review as outlined in Chapter 17.48 BMC. Adequate setbacks will be maintained adjacent to natural drainage areas or streams to preserve vegetation. Setbacks for merchandise shall be as specified in the highway commercial district at BMC 17.24.060.

B. Displays of merchandise shall extend no further from the building foundation line than eight feet, and in no case is merchandise to encroach on the public right-of-way.

C. Conditional uses and existing uses shall conform to the provisions of BMC 17.24.060, Subzone A (Peace Portal). (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.070 Off-street parking.

A. Off-street parking spaces available shall be five spaces per 1,000 square feet of permitted use businesses or any recommendations or alterations established through site plan review for planned commercial developments.

B. Off-street parking spaces available for conditional uses and existing uses not part of a planned commercial development shall be determined by the review authority with consideration of Chapter 17.124 BMC. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.080 Screening.

The site of a planned commercial district shall be screened from adjacent residential uses and the freeway (I-5) to avoid negative visual and noise impacts identified with the development. Natural drainage areas and shorelines of streams will be retained in as natural state as possible. Screening and buffer requirements shall be established through the site plan review process. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.44.090 Development standards.

The proposed development shall improve adjacent streets to the city’s standards as established by the public works director. This may include street improvements, curb, gutter, sidewalk and street trees. Adequate water, sewer, and drainage facilities are required prior to the time of occupancy. Additional septic tanks are prohibited. (Ord. 2554 § 3, 2003)

17.44.100 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.45
PUBLIC ZONING DISTRICT

Sections:

17.45.010 Purpose.

17.45.020 Permitted uses.

17.45.030 Accessory uses.

17.45.040 Conditional uses.

17.45.050 Minimum lot size.

17.45.060 Setbacks.

17.45.070 Maximum height.

17.45.080 Off-street parking.

17.45.090 Appeals.

17.45.010 Purpose.

The purpose of this district is to provide adequate land for public facilities and open spaces, preventing the acquisition of such land through adverse possession as required in Chapter 36.70A RCW, and permitting continued use of such public facilities and preservation of community open spaces and greenbelts. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.45.020 Permitted uses.

Uses operated by public institutions or reserved for community purposes or open space. (Ord. 2628 § 2, 2006)

17.45.030 Accessory uses.

Accessory uses include those customarily incidental to public uses, including, but not limited to, storage sheds, park facilities, parking lots, and monuments or kiosks. (Ord. 2628 § 2, 2006)

17.45.040 Conditional uses.

A. Schools, museums or other private, nonprofit facilities of a civic nature;

B. Structures over 35 feet. (Ord. 2628 § 2, 2006)

17.45.050 Minimum lot size.

There is no minimum lot size. (Ord. 2628 § 2, 2006)

17.45.060 Setbacks.

Setbacks for all buildings in this district are:

A. Front, 20 feet;

B. Rear, 20 feet;

C. Side, eight feet. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.45.070 Maximum height.

The maximum height in this district is 35 feet. (Ord. 2673 § 2, 2007; Ord. 2628 § 2, 2006)

17.45.080 Off-street parking.

Off-street parking shall be provided in accordance with provisions of Chapter 17.124 BMC. (Ord. 2628 § 2, 2006)

17.45.090 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.46
ADULT ENTERTAINMENT OVERLAY ZONING DISTRICT

Sections:

17.46.010 Purpose.

17.46.020 Definitions specific to chapter.

17.46.030 Prohibited uses within city limits.

17.46.040 Designated.

17.46.050 Permitted uses.

17.46.060 Minimum lot size.

17.46.070 Setbacks.

17.46.080 Building height.

17.46.090 Lot width.

17.46.100 Landscaping.

17.46.110 Off-street parking.

17.46.120 Adult entertainment signs.

17.46.130 Procedures.

17.46.140 Appeals.

17.46.010 Purpose.

The purpose of this chapter is to regulate the location of adult entertainment enterprises in order to promote the health, safety and welfare of all city of Blaine citizens and in order to preserve and protect the quality of, and the quality of life in and around, all of the city of Blaine neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record.

Adult entertainment uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a deleterious effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult entertainment uses is necessary to avoid adverse effects arising from adult entertainment businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this section that these uses be contained in a dispersed manner within a specific adult entertainment overlay (AO) district, that overlays certain manufacturing-zoned areas. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.020 Definitions specific to chapter.

A. “Adult entertainment uses” are those adult entertainment businesses defined in BMC 8.30.020 as adopted and amended and include:

1. Adult book stores;

2. Adult motion picture theaters;

3. Adult arcades;

4. Adult cabarets; and

5. Adult motels.

B. “Body studio” means and includes any premises other than a massage parlor, reducing salon, health spa or public bathhouse, upon which is furnished for a fee or charge or other like consideration, or which is offered to be furnished the opportunity to paint, massage, feel, handle or touch the unclothed body or any unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.

C. “Escort and introductory services” means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this chapter.

D. “Massage parlor” means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided.

E. “Specified sexual activities” means any of the following:

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2. Acts of human sex, actual or simulated, including intercourse, oral copulation, or sodomy; or

3. Human masturbation, actual or simulated; or

4. Excretory functions as part of or in connection with any of the activities set forth in this chapter.

F. “Specified sexual exhibitions” means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises’ activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (Ord. 2554 § 3, 2003)

17.46.030 Prohibited uses within city limits.

A. Adult entertainment businesses not included in the definition of “adult entertainment uses” pursuant to BMC 8.30.020 are prohibited within the city limits of Blaine. These activities include but are not limited to massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of “adult entertainment uses.”

B. Adult entertainment uses are prohibited in all districts other than the adult entertainment overlay (AO) district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.040 Designated.

The adult entertainment overlay (AO) district shall overlay the manufacturing (M) district as indicated in the official Blaine zoning map. The overlay shall have no effect on the uses otherwise permitted in the manufacturing district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.050 Permitted uses.

Adult entertainment uses shall be permitted within the adult entertainment overlay district upon meeting the conditions set forth below:

A. Not more than one adult entertainment use may be located within 500 feet of another such use unless otherwise determined by the city council, pursuant to BMC 17.46.130(A).

B. The building that contains the adult entertainment business and signs relating to the business shall not be located within 1,000 feet of any of the following:

1. The outside boundary of any parcel that already contains a public school, private school, or day care;

2. The outside boundary of any parcel that already contains a church or other house of worship;

3. An existing public park;

4. The outside boundary of any parcel that already contains a public library;

5. A residential district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.060 Minimum lot size.

There is no minimum lot size in the adult entertainment overlay district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.070 Setbacks.

Minimum setback requirements in the adult entertainment overlay district:

A. No building or other structure shall be closer than 30 feet from street right-of-way lines.

B. No building or other structure shall be closer than 40 feet from adjacent property lines. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.080 Building height.

Maximum building height in the adult entertainment overlay district is 35 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.090 Lot width.

The minimum lot width in the adult entertainment overlay district is 80 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.100 Landscaping.

In addition to the landscaping requirements contained in Chapter 17.126 BMC, Landscaping, the following requirements shall apply to adult entertainment uses where the adult entertainment use abuts or is across an alley from another building or licensed business.

A. Barrier buffers shall be installed the full length of property lines where adjacent licensed businesses are already established.

B. The buffer shall create a sight-obscuring barrier between the adult entertainment use consisting of a minimum 10-foot-wide planting strip, a sight-obscuring fence, and six-foot-tall evergreens located on the property boundary (spaced to grow together within three years). (Ord. 2554 § 3, 2003)

17.46.110 Off-street parking.

A. Off-street parking is required pursuant to Chapter 17.124 BMC, Parking and Loading.

B. On-street parking is prohibited. (Ord. 2554 § 3, 2003)

17.46.120 Adult entertainment signs.

A. Signs shall be consistent with Chapter 17.122 BMC.

B. Signs shall not depict or describe “specified sexual activities” or “specified anatomical areas” as defined in BMC 8.30.020.

C. Signs advertising adult entertainment businesses shall be limited to visibility only on roads immediately adjacent to or within the adult entertainment overlay district. Under no circumstances shall these signs be visible from the I-5 freeway. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.46.130 Procedures.

The process for obtaining extensions to the termination of a nonconforming adult entertainment use, as provided in BMC 17.94.140, Termination of nonconforming adult uses, and the 500-foot setback exception as set forth in BMC 17.46.050(A), Permitted uses, shall be processed and approved as set forth in this section.

A. Exceptions to the 500-foot setback from one adult entertainment use to another such use (BMC 17.46.050(A)):

1. Exceptions to the 500-foot setback from one adult entertainment use to another such use as allowed in BMC 17.46.050(A) are to be processed in accordance with the process for a variance, and shall meet all of the variance criteria and standards as set forth in BMC 17.06.170, except that the city council shall hear requests for exceptions under BMC 17.46.050(A).

B. Extensions to the termination of a nonconforming adult entertainment use (BMC 17.94.140):

1. The process for obtaining approval of a six-month extension shall be the open record hearing process as set forth generally in Chapter 17.92 BMC et seq., or as amended, except that in all circumstances the public hearing shall be conducted by and the decision on an extension request shall be made by the city council. This process shall, at a minimum, require a preapplication conference and a public hearing, following public notice, in the same manner as required for a zoning conditional use permit.

2. The application submission requirements at a minimum, include the following:

a. A completed application for an extension use signed by the owner(s) of the subject property or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application, and signed by the owner of the business or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application.

b. The required filing fees as established by city ordinance shall be paid to the city upon submission of an application for approval of an extension.

c. A list of all property owners within 200 feet of the subject property.

d. A deposit for the costs of notice, including published notice and mailing costs, as reasonably estimated by the city. Failure to submit the deposit shall not constitute an incomplete application, but failure to pay the actual costs of notice prior to the hearing shall result in the denial of the application.

3. Within 28 days of submittal of the documents listed in subsection (B)(2) of this section to the director, the director will determine whether the submittal is complete, or whether additional information is needed. If the application is incomplete, the director shall give written notice to the applicant of the additional information required. The application will lapse and be rejected without further action if the applicant fails to provide the requested information within 21 days of the date of the director’s request. Once the requested information is received, the director will then have 14 days to review the information and determine if the application is complete. Nothing herein shall extend the deadline for submitting a complete application as set forth in subsection A of this section. Nothing herein shall limit the director from determining an application is complete and requiring additional information.

4. No later than 28 days following submittal of a complete application, the director shall:

a. Mail a letter of completeness to the applicant;

b. Establish a public comment period on the application. This period shall expire 15 days after the public notice of application;

c. Publish notice of the complete application and notice of the city council public hearing on the application for extension. Notice of the public hearing shall be made as follows:

i. Posting by the director at City Hall and the public library, and by the applicant in three conspicuous places on the perimeter of the property;

ii. Publication at the expense of the applicant in a newspaper officially designated by the city council for such purposes, one time at least seven days in advance of the date of hearing; and

iii. Direct mailing of the city’s notice of public hearing to all owners of real property within 200 feet of the subject property, no later than seven days prior to the hearing date. The owners shall be identified as those shown on the current records of the Whatcom County assessor. The mailing is to be done by the applicant using certified or registered mail service with return receipt. Written proof of such mailing shall be supplied by the applicant for the director’s file prior to the hearing date;

d. All costs of required notice shall be borne by the applicant and shall be paid at or before the public hearing. Failing to pay all of the costs of notice for the application for an extension shall result in the denial of the application for the extension.

5. Appeals. Appeals from any decision of the city council made pursuant to this section shall comply with the requirements of BMC 17.06.190. (Ord. 2554 § 3, 2003)

17.46.140 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.48
PLANNED UNIT DEVELOPMENT

Sections:

17.48.010 Purpose.

17.48.020 Minimum size.

17.48.030 Permitted uses.

17.48.040 Who may initiate.

17.48.050 Public services availability.

17.48.060 Submission – Contents.

17.48.070 PUD review procedure.

17.48.080 Preliminary PUD approval criteria.

17.48.085 Final development plan – Filing.

17.48.090 Final development plan – Administrative review.

17.48.100 Final development plan – Lapse of zoning.

17.48.110 Final development plan – Content.

17.48.120 Final development plan – Review authority action.

17.48.130 Final development plan – Council action.

17.48.140 Building permit issuance.

17.48.150 Amendments to final development plan.

17.48.160 Construction start and completion limits.

17.48.170 Review during construction.

17.48.180 Plan to run with land – Violations.

17.48.190 Fees.

17.48.200 Design criteria.

17.48.210 Density increases – Generally.

17.48.220 Density increases – For open space.

17.48.230 Density increases – For design factors.

17.48.240 Density increases – Total – Distribution within PUD.

17.48.250 Building spacing or side yards.

17.48.260 Front yard.

17.48.270 Lot width.

17.48.280 Site increase for space noncompliance.

17.48.290 Common open space.

17.48.300 Streets.

17.48.310 Perimeter buffer zone.

17.48.320 Nonresidential uses in residential PUD.

17.48.330 Business and commercial PUDs.

17.48.340 Planned unit developments in marine planned recreation and residential planned recreation zoning districts.

17.48.350 Appeals.

17.48.010 Purpose.

The zoning district map adopted as a part of this division establishes district boundaries, and this establishes the permitted uses of land in the various districts. The conditions and requirements set forth in this division are general and designed to apply to individual lots and minimum area of parcels. A planned unit development (PUD), as the term is used in this division, is a flexible permit review process and has the following purposes:

A. To permit greater flexibility and consequently more creative and imaginative design for the development of residential and business uses than is generally possible under conventional zoning regulations;

B. To promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of city attractiveness and quality, and preservation of scenic open space;

C. To correlate the intentions of this division and other ordinances of the city to encourage developments which will provide a desirable and stable environment in harmony with that of the surrounding area. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003)

17.48.020 Minimum size.

A. The minimum size of planned unit development projects is as follows:

Type of PUD	Minimum Area (acres)
Residential	3
Commercial	5
Residential/Commercial	10

B. Minimum size for any type of PUD may be waived on written recommendation of the director where PUD flexibility will make possible the preservation of wetlands or other critical areas as required by city regulation or where, in the opinion of the director, the project will result in a development that exceeds existing standards and is more consistent with the goals and direction in the city’s comprehensive plan. (Ord. 2673 § 3, 2007; Ord. 2554 § 3, 2003)

17.48.030 Permitted uses.

Any uses permitted outright or as a conditional use in the district where the planned unit development is located shall be permitted in a PUD, subject to the criteria established in this chapter. No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions of this chapter. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003)

17.48.040 Who may initiate.

A. Planned unit development projects may be initiated by:

1. The owner of all the property involved, if under one ownership; or

2. An application filed jointly by all owners having title to all the property in the area proposed for the planned unit development project, if there is more than one owner; or

3. A governmental agency; or

4. A person having interest in the property to be included in the planned unit development.

B. The PUD applications shall be in the name or names of the recorded owner or owners of property included in the development. The applications may be initially filed by holder(s) of an equitable interest in or option on such property, but the applicant must evidence a full ownership interest in the land (either legal title or the execution of a binding sales agreement) before final approval of the applicant’s plan or the recorded owner or owners must have given written consent satisfactory to the city to imposition of the terms and conditions of the applicant’s plan on the property. (Ord. 2554 § 3, 2003)

17.48.050 Public services availability.

A. The purpose of this section is to assure that PUD approvals are not granted unless such facilities as water lines, sewer lines and streets exist or are immediately planned in sufficient quantity to service the proposed new development.

B. PUD projects shall be so located with respect to major streets and highways or other transportation facilities as to provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside such districts. Major and minor streets are as defined in the subdivision ordinance.

C. PUD projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public cost will be required. Such PUD projects shall be so located with respect to schools, parks, playgrounds and other public facilities as to have access in the same degree as would development in a form generally permitted in the area; provided, that a PUD may be approved if, alternatively:

1. The developers will provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis, and assure their satisfactory continuing operation and maintenance permanently or until equivalent public utilities, facilities or services are available; or

2. The developers will make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; and

3. The city is able to make such determinations through experts acceptable to it and at the cost of the developers, considering the difference in anticipated public installation, operation and maintenance costs, and the difference in anticipated public revenue. (Ord. 2554 § 3, 2003)

17.48.060 Submission – Contents.

An applicant may submit applications for preliminary and final PUD approval simultaneously; provided all information required under this section through BMC 17.48.200 is submitted:

A. Completed permit application form(s) signed by the owner(s) of the subject property or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application.

B. The site plan shall be prepared, drawn and certified by a land surveyor registered by the state and include the following:

1. The existing site conditions, including contours at five-foot intervals, watercourses, unique natural features and forest cover;

2. Proposed lot lines and plot designs;

3. The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures including commercial facilities;

4. The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses;

5. The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate (detailed engineering drawings of cross-sections and street standards should be handled in the final development stage);

6. The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed solutions to points of conflict;

7. The existing and proposed utility systems including sanitary sewers, storm sewers and water, electric, gas and telephone lines;

8. A general landscape plan indicating the treatment of materials used for private and common open space (this landscape plan should be in general schematic form at this stage);

9. Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape;

10. The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls;

11. Any additional information, as required by the review authority, necessary to evaluate the character and impact of the proposed PUD;

12. Provisions for maintenance of common space or common property;

13. Approval of a preliminary PUD submitted in conjunction with a master plan shall state how the PUD conforms to the master plan and that the master plan shall serve as the general development guide by which subsequent PUD applications shall be measured for conformance.

C. The required filing fees shall be paid to the city upon submission of a PUD for approval.

D. SEPA checklist, if required, typewritten or in ink and signed.

E. A statement of objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

F. A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.

G. Quantitative data for the following:

1. Total number and type of dwelling units;

2. Parcel size;

3. Proposed lot coverage of buildings and structures;

4. Approximate gross and net residential densities;

5. Total amount of open space, including a separate figure for usable open space;

6. Total amount of nonresidential construction, including a separate figure for commercial or institutional facilities;

7. Economic feasibility studies or market analyses or other studies as required by the review authority. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.070 PUD review procedure.

Applications for planned unit developments are processed as Type II-CC decisions. (Ord. 2554 § 3, 2003)

17.48.080 Preliminary PUD approval criteria.

The review authority shall establish that a preliminary PUD has met the following criteria prior to approval of the proposal:

A. Superior Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable district and subdivision regulations, and solely on this basis modifications to the use and design standards established by such regulations are warranted.

B. Meets PUD Requirements. The PUD meets the requirements for planned unit developments set forth in this chapter and no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein.

C. Consistent with Comprehensive Plan. The PUD is generally consistent with the objectives of the city comprehensive plan as viewed in light of any changed conditions since its adoption.

D. Public Welfare. The PUD will not be detrimental to the public health, safety, morals, or general welfare.

E. Compatible with Environs. Neither the PUD nor any portion thereof will be injurious to the use and enjoyment of other properties in its vicinity, substantially impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.

F. Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as floodplains, wooded areas, steep slopes, natural drainageways, or other areas of sensitive or valuable environmental character.

G. Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking, and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity, and design to ensure safe and efficient circulation of automobiles, trucks, bicycles, pedestrians, fire trucks, garbage trucks, and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.

H. Open Space and Landscaping. The quality and quantity of public and common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape, and location of a substantial portion of total public and common open space provided in residential areas render it usable for recreation purposes.

1. Open space between all buildings is adequate to allow for light and air, access by fire fighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.

I. Covenants. Where individual parcels are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners or condominium associations and bylaws or CC&Rs for the preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the city or another public body, including such control of the use and exterior design of individual structures, if any, as is necessary for continuing conformance to the PUD plan. Such a provision must be binding on all future ownership.

J. Public Services. The land uses, intensities, and phasing of the PUD are consistent with the anticipated ability of the city, the school districts, and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services without placing undue burden on existing residents and businesses.

K. Phasing. Each development phase of the PUD shall, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed. The provision and improvement of public or common area improvements, open spaces, and amenities – or the provision of financial sureties guaranteeing their improvement – is phased generally proportionate to the phasing of the number of dwelling units or amount of nonresidential floor area. (Ord. 2673 § 3, 2007)

17.48.085 Final development plan – Filing.

A. The applicant shall file a final development plan containing in a detailed form the information required in BMC 17.48.060. The review authority, at the time of approval of the preliminary development plan, shall be authorized to allow up to 12 months for filing of the final development plan by the applicant. At its discretion and for good cause, the review authority may extend for an additional 12 months the period for filing of the final development plan.

B. If the applicant fails to apply for final approval within such time or extended period for any reason, the tentative approval shall be deemed revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning and subdivision provisions otherwise applicable thereto. (Ord. 2673 §§ 2, 3, 2007; Ord. 2554 § 3, 2003. Formerly 17.48.080)

17.48.090 Final development plan – Administrative review.

The review authority shall refer the final development plan application to the director for review.

If the application meets the minimum requirements as set forth in this chapter and is in substantial compliance with the approved preliminary development plan, it shall be approved by the director and returned to the review authority within 30 days. The final development plan shall be deemed sufficiently consistent with the preliminary development plan; provided modification by the applicant does not involve a change of one or more of the following:

A. Violate any provisions of this chapter;

B. Vary the lot area requirements by more than 10 percent;

C. Involve a reduction of more than 10 percent of the area reserved for the common open space and/or usable open space;

D. Increase the floor area proposed for nonresidential use by more than 10 percent;

E. Increase the total ground area covered by buildings by more than five percent;

F. Increase density or number of dwelling units by more than 10 percent. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.100 Final development plan – Lapse of zoning.

If the final development plan is not filed within the time periods provided under BMC 17.48.085 (A), the rezone to planned unit development district formerly granted is void and the official zoning map shall, at the direction of the mayor, be promptly amended to show the area as previously zoned, without a PUD designation. (Ord. 2554 § 3, 2003)

17.48.110 Final development plan – Content.

The final development plan must present all of the information required for the preliminary development plan in a finalized, detailed form. This includes site plans sufficient for recording and engineering drawings. All schematic plans presented in the preliminary development plan stage, such as a landscape plan, must be presented in their detailed form. Any items not submitted during the preliminary stage must be reviewed, and any final plats and public dedication documents shall also be submitted at this time. (Ord. 2554 § 3, 2003)

17.48.120 Final development plan – Review authority action.

A. The review authority, upon receiving the final development plan and recommendations from the zoning director, shall examine such plan and determine whether it conforms to the approved preliminary development plan. If there is any significant discrepancy, the review authority may permit the applicant to revise the plan and resubmit it as a final development plan within 90 days.

B. If the review authority finds that the final development plan substantially conforms to the approved preliminary development plan, the review authority shall make written findings and conclusions recommending approval to the city council. If the review authority does not recommend approval of a final development plan, its specific reasons for disapproval shall be stated in writing and made part of the public record, as well as presented to the applicant.

C. The review authority shall make a recommendation on the final development plan within two months after the official date it has received the plan from the director. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.130 Final development plan – Council action.

Following formal acceptance, the final development plan shall be transmitted to the city council for final approval, modification or rejection. Approvals subject to modifications or conditions shall be agreed to in writing by the applicant before formal acceptance. (Ord. 2554 § 3, 2003)

17.48.140 Building permit issuance.

After necessary actions by the city council, such as recording site plans and plats, building permits may be issued and construction may begin. (Ord. 2554 § 3, 2003)

17.48.150 Amendments to final development plan.

A. Minor changes of lot lines, or the combination of lots if no new lots are created, and in the location, siting and height of buildings and structures, may be authorized by the director if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:

1. A change in the use or character of the development;

2. An increase in the overall coverage of structures;

3. An increase in the intensity of use;

4. An increase in the problems of traffic circulation and public utilities;

5. A reduction in approved open space;

6. A reduction of off-street parking and loading space;

7. A reduction in required pavement widths.

B. All other changes in use or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open space and changes other than listed in subsection A of this section, must be made by the city council after report of the director and recommendation by the review authority. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or changes in community policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.160 Construction start and completion limits.

If no construction has begun in the PUD within 24 months from the approval of the PUD and recording of the documents, the approval shall lapse and be of no further effect except that the review authority, based on the recommendation of the director under BMC 17.48.170, upon showing of good cause by the applicant, may extend for period(s) of 12 months the time for beginning construction.

Upon the expiration of such an extension(s), the final development plan shall become null and void, and a new one shall be required for any development on the subject property. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.170 Review during construction.

After general construction commences, the director shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall so notify the developer and the review authority, in writing; thereafter, the city shall issue such orders to the developer as necessary, and upon continued violation of this section may suspend the developer from further construction until compliance is achieved. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.180 Plan to run with land – Violations.

The approved final development plan is binding and shall be a restriction on development which runs with the land. Any unauthorized deviation therefrom shall be punishable and enforceable as a violation of this division. (Ord. 2554 § 3, 2003)

17.48.190 Fees.

At the time of formal application for a PUD, a filing fee is required. The purpose of such fee is to help defray costs of reviewing PUD proposals. Such application, together with all plans, specifications, other papers and applications pertaining to the application shall be accompanied by a receipt of the city treasurer showing payment by the applicant of fees based on the schedule set forth in this division. (Ord. 2554 § 3, 2003)

17.48.200 Design criteria.

A. The design elements established within this chapter shall be used as a guide for an applicant to follow in developing a preliminary and final development plan. The director and the review authority shall determine from the applicant and other resources available to it whether a PUD preliminary and final development plan vary from these criteria.

B. These criteria shall also be used as the basis for review authority judgments permitting an increase in overall development density within a PUD. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.210 Density increases – Generally.

Except for PUD applications within the marine planned commercial and residential planned recreational districts, which shall have density increases as provided in each respective section of this code, density increases shall be governed by the precepts listed in BMC 17.48.220, 17.48.230 and 17.48.240, which are to be treated as additive, but in no case shall the bonus be more than the maximum possible for that category. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.220 Density increases – For open space.

Open space reservation shall be considered for density increases according to the following provisions:

A. An acre of improved common open space permits a maximum increase of 10 percent. If unimproved, an eight percent increase is allowed.

B. A second acre of improved common open space permits a maximum increase of six percent. If unimproved, four percent is allowed.

C. Additional acres of improved common open space permit a maximum increase of four percent. If unimproved, three percent is allowed.

D. A minimum of one acre is required for open space bonuses.

E. The total open space bonus possible is 20 percent. (Ord. 2554 § 3, 2003)

17.48.230 Density increases – For design factors.

Character/identity and architectural and siting variation incorporated in a development shall be considered cause for density increases not to exceed 20 percent; provided, these factors make a substantial contribution to the objectives of a planned unit development.

The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increases which the review authority may approve.

Such variations may include, but are not limited to, the following:

A. For design factors:

1. A maximum possible increase of 10 percent for landscaping: streetscape, open spaces and plazas, use of existing landscape, pedestrian-way treatment and recreational areas;

2. A maximum possible increase of five percent for siting: visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks, building groups (such as clustering), and energy-efficient siting.

B. For improved and unimproved open space, a maximum possible increase of five percent for design features: street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features, varied use of housing types, and energy-efficient structures.

C. Total possible design and landscape bonuses equal 20 percent. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.240 Density increases – Total – Distribution within PUD.

The total possible bonus is 40 percent. In planned unit developments of 20 acres or larger, density bonuses and total site density are transferable within the PUD area as long as the transfer meets the intent of the PUD ordinance and is approved by the city in the preliminary and final plans. (Ord. 2554 § 3, 2003)

17.48.250 Building spacing or side yards.

The requirements for building spacing or side yards, as they are often defined, are based on several related factors. Setback requirements within the PUD shall be determined by the director upon review of the factors below:

A. Privacy. The minimum building spacing requirement is intended to provide privacy within the dwelling unit. Where windows are placed in only one of two facing walls or there are no windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing may be reduced.

B. Light and Air. The building spacing provides one method of ensuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air from another direction.

C. Use. Areas between buildings are often used as service yards, for storage of trash, clothes lines or other utilitarian purposes. Where this use is similar for both houses, a reduction of building space permitting effective design of a utility space shall be permitted. Kitchens and garages are suitable uses for rooms abutting such utility yards.

D. Building Configuration. Where building configuration is irregular so that the needs expressed in preceding subsections of this section are met by the building configuration, reduced spacing is permissible, as determined by average spacing or by measuring spacing where rooms open toward adjacent buildings. (Ord. 2554 § 3, 2003)

17.48.260 Front yard.

The minimum front yard is intended to provide privacy and usable yard area for residents. In practice, however, front yards are rarely used, so that only the privacy factor is important. Where a developer provides privacy by reducing traffic flow through street layout such as cul-de-sacs, or by screening or planting, or by facing the structure toward open space or a pedestrian way, or through the room layout, it is possible to reduce the front-yard requirement. (Ord. 2554 § 3, 2003)

17.48.270 Lot width.

A minimum lot width is intended to prevent the construction of long, narrow buildings with inadequate privacy, light and air. There are situations, as in cul-de-sacs, steep slopes or offset lots, where, because of lot configuration or topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted. (Ord. 2554 § 3, 2003)

17.48.280 Site increase for space noncompliance.

Where designs are such that the considerations of BMC 17.48.250, 17.48.260 and 17.48.270 are not met, site requirements contained in each district may be increased if, in the director’s judgment, such increases are necessary. (Amended during May 2008 supplement at city request; Ord. 2554 § 3, 2003)

17.48.290 Common open space.

A. Open space includes:

1. Land area of the site not covered by buildings, parking structures or accessory structures except recreational structures (decks may be counted as specified further in these standards);

2. Land which is accessible and available to all occupants of dwelling units for whose use the space is intended.

B. Open space does not include:

1. Proposed street rights-of-way;

2. Open parking areas and driveways for dwellings;

3. School sites;

4. Commercial areas and the buildings, accessory parking buildings, parking and loading facilities for these commercial areas. (Ord. 2554 § 3, 2003)

17.48.300 Streets.

A. Standards of design and construction for roadways, both public and private, within planned residential development districts may be modified as is deemed appropriate by the director.

B. Right-of-way width and street roadway widths may also be reduced, especially where it is found that the plan for the PUD provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities. (Ord. 2554 § 3, 2003)

17.48.310 Perimeter buffer zone.

A. There must be a minimum 30-foot buffer zone in any planned unit development of multifamily or nonresidential buildings or structures that are adjacent to a low-density residential use district.

B. The buffer zone must be kept free of buildings or structures and must be landscaped, screened or protected by natural features, so that adverse effects on surrounding areas are minimized. This buffer zone may be used as part of the open space acreage for the PUD development if the review authority finds that it is suitable for that purpose within the criteria established in BMC 17.48.290. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.320 Nonresidential uses in residential PUD.

A. The amount and type of commercial facilities to be allowed in a residential PUD shall be based on market analysis. The director shall prepare a written report concerning the market analysis to be transmitted to the review authority for the public hearing.

B. The market analysis shall demonstrate that the amount of land proposed is needed and can realistically be supported in commercial use. For these purposes, such market analysis shall contain the following determinations:

1. Determination of the trade areas of the proposed commercial facilities;

2. Determination of the trade area population, present and prospective;

3. Determination of the effective buying power in such trade area;

4. Determination of net potential customer buying power for stores in the proposed commercial facilities and, on such basis, the recommended store types and store floor areas;

5. Identification of the physical impact of proposed commercial development on other land uses within and without the PUD boundaries, and effects on the circulation system.

C. Nonresidential uses of a religious, cultural, recreational and commercial character are allowed to the extent they are designed and intended primarily to serve the residents of the planned unit development.

D. No commercial use, nor any building devoted primarily to a commercial use, shall be built or established prior to the residential buildings or uses it is designed or intended to serve.

E. It shall be the burden of the PUD applicant to demonstrate to the review authority the scale of required nonresidential uses proposed to serve the project and to provide a time frame for the construction of such uses as they relate to the residential development. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.330 Business and commercial PUDs.

A. The foregoing planned unit development procedures may be employed in established business or commercial districts to encourage business or commercial site layout serving the public in a more satisfactory manner than generally would be possible with the conventional zoning regulations. The same general provisions apply to acceptability of a business or commercial PUD proposal as to a residential planned unit development.

B. Increases in density, building height and floor area in relation to parking spaces may be allowed providing the development includes more than required amounts of developed open space or design excellence. Parking variations must be based on demonstrated feasibility of mutual use of shared facilities. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.340 Planned unit developments in marine planned recreation and residential planned recreation zoning districts.

A. The foregoing planned unit development procedures shall be employed in the review of individual projects or phases of the marine planned recreation and residential planned recreation districts to assure consistency with the approved master plan for each district. The same general provisions apply except that the density and development criteria established in the approved master plan shall have priority.

B. No increases in overall density, building height, and floor area or parking may be allowed from that approved in the master plan. Variations from project to project or from phase to phase can be approved so long as related adjustments are made in future projects and phases so that the totals approved in the master plan are not exceeded. These adjustments should be indicated as part of each approval. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.48.350 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Division 4. Platting and Major Development Approval Procedures

Chapter 17.50
GENERAL PROVISIONS

Sections:

17.50.010 Title.

17.50.020 Purpose.

17.50.030 Applicability and exemptions.

17.50.040 Compliance.

17.50.050 Sale of noncomplying land prohibited.

17.50.060 Appeals.

17.50.010 Title.

The ordinance codified in this division shall be known as “the subdivision ordinance of the city of Blaine, Washington.” (Ord. 2554 § 3, 2003)

17.50.020 Purpose.

The purpose of this division is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with the standards established by the state to prevent the overcrowding of land; provide for orderly growth and development; conserve, protect and enhance property values; to lessen congestion in the streets and on the highways; to provide adequate provisions for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper traffic circulation; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. Further, these regulations are established to effectuate the policy of the prescribed state law referring to the platting and dedication of lands and shall not preclude full compliance thereto. (Ord. 2554 § 3, 2003)

17.50.030 Applicability and exemptions.

The provisions of this division shall apply to all division of land within the corporate limits of the city; provided, however, the following are exempt from the provisions of this division:

A. Divisions made in connection with acquisition of land by the city, including divisions made by deed for road widening purposes; provided, that such land may be accepted on behalf of the city only by action of the city council;

B. Divisions made by testamentary provisions, the laws of descent, upon court order, or by gift made among the members of a family;

C. Divisions of land made by leases for purposes other than building developments or establishment of sites for manufactured homes, temporary dwellings or camping occupancy;

D. The combination of portions of previously platted lots, where the total number of development sites is not increased and their size is not decreased below applicable requirements for width and area; provided, the resultant sites join on and are accessible to publicly maintained roads. Existing structures at the time of lot split will meet required setbacks of the applicable district;

E. Cemeteries and burial plots while used for that purpose;

F. Divisions made by deed release, partial reconveyance from a tract of land being purchased on a real estate contract, deed of trust or mortgage; provided, that such division is intended for financial purposes or other use by the contract purchaser and not for sale or lease; and provided further, that all parcels resulting from such divisions meet the minimum dimensional standards for lots in the district in which they are located. At the time of exemption request, the applicant must demonstrate to the administrator that existing structures on the resulting parcels will meet the minimum standards for lot size and setbacks and will not exceed the maximum lot coverage for the district. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.50.040 Compliance.

A. After the passage of the ordinance codified in this division, all division, subdivision or resubdivision of land within the corporate limits of the city into lots, tracts, parcels, sites or divisions for any purpose whatsoever shall be in full compliance to the provisions and specifications of this division.

B. Division of land into four or less lots shall be in compliance with the regulations and standards of this division governing “short subdivisions” (Chapter 17.54 BMC). Division of land into five or more lots shall comply with regulations and standards dealing with subdivision and must follow the preliminary and final platting procedures. (Ord. 2554 § 3, 2003)

17.50.050 Sale of noncomplying land prohibited.

Sale of land is prohibited unless it is a duly platted parcel of land or lot, or is a tract of record at time of passage of the ordinance codified in this division, or is a parcel of land approved under Chapter 17.54 BMC. (Ord. 2554 § 3, 2003)

17.50.060 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.54
SHORT SUBDIVISIONS

Sections:

17.54.010 Approval required.

17.54.030 Approval procedure.

17.54.040 Application and drawing.

17.54.050 On-site sewage disposal.

17.54.060 Lots and streets.

17.54.070 Surveying and recording.

17.54.075 Flag lotting.

17.54.080 Required improvements.

17.54.090 Building permits restricted.

17.54.100 Resubdivision.

17.54.110 Application fee.

17.54.120 Appeals.

17.54.010 Approval required.

Any action which will result in a short subdivision of any lot, tract, parcel or plot of land for any reason whatsoever shall be subject to approval by the review authority. Approval shall be based on standards and conditions set forth in this chapter. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.54.030 Approval procedure.

Applications for short subdivisions shall be submitted to the department of community development (DCD) using forms provided by the department. A determination of complete application will be based on the information provided on the form as well as the information required in BMC 17.54.040. Short subdivision applications shall be processed as provided in Chapter 17.06 BMC. Short subdivision applications that do not include a request for a variance as provided in Chapter 17.68 BMC shall be approved by the director and processed as Type I land use decisions. Short subdivision applications that include a variance request shall be approved by the review authority and processed as Type II-PC land use decisions requiring an open record hearing. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.54.040 Application and drawing.

A. An application for approval of a short subdivision shall be accompanied by an accurately scaled and dimensioned drawing of the proposed subdivision prepared by a registered land surveyor at a minimum scale of one inch equals 50 feet.

B. The application shall contain an accurate legal description of the area involved in the subdivision. In the event the boundaries are described by metes and bounds the accuracy of the description shall be attested to and signed by a registered land surveyor. The basis of bearings shall be stated.

C. The total property owned by the applicant which is contiguous to the parcel being subdivided shall be accurately indicated on the drawing. In addition, all adjacent property and owners within a distance of 300 feet of the proposed subdivision shall be accurately indicated on the drawing. (Ord. 2554 § 3, 2003)

17.54.050 On-site sewage disposal.

In the event that sewer service will not be provided to a proposed short subdivision, the use of on-site sewage disposal shall be reviewed and approved by the county health department and the public works department prior to city approval of the short subdivision proposal. (Ord. 2554 § 3, 2003)

17.54.060 Lots and streets.

A. All lots created by a short subdivision shall abut upon a dedicated or deeded street and such street is to have no less than 60 feet of width if a through street, or 50 feet of width if a cul-de-sac. In the event the abutting street does not meet these minimum width requirements, additional right-of-way shall be required prior to approval of a short subdivision.

B. The minimum area for each lot shall be deemed to have been met if the average lot area is not less than the minimum lot area of the district in which the property is located as identified on the zoning map. In computing the average lot area, not more than 10 percent of the number of lots may contain an area less than the prescribed minimum for the district. In no case shall any lots be created which contain an area less than 90 percent of the prescribed minimum for the district. However, a review authority variance may be approved as provided in Chapter 17.68 BMC for short subdivisions that do not strictly adhere to the above lot size requirements if such division results in substantially larger lots than previously existed. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.54.070 Surveying and recording.

The short subdivision shall be prepared by a registered land surveyor. All short subdivisions shall be surveyed, monumented and recorded with the county auditor. Proof of recording shall be recorded on the final plat map along with the signature of the director or review authority chairperson, as applicable. Four copies of the recorded final short plat shall be provided to the director who shall distribute two copies to the public works director. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.54.075 Flag lotting.

Where the extension of a public street is not identified on the official street map, or where improved lot design would be achieved, flag lotting may be permitted subject to the following standards:

A. The flagpole shall not exceed in length twice the width of the flag lot at the building line or twice the length of the flag lot, whichever dimension is lesser.

B. The flagpole shall maintain a constant minimum width of 15 feet in a rural or residential low-density district and a minimum width of 20 feet in a residential medium-density or residential high-density district.

C. Flag lots creating more than two adjoining flagpoles are prohibited.

D. The flagpole shall not encroach upon or cross a live stream, ravine, storm drainage, or similar topographic feature without provision of an adequate structure or fill and culvert to carry the residents’ traffic, to be approved by the review authority.

E. Flag lotting is prohibited in R/O, CB, M, HC and PC districts. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.54.080 Required improvements.

Prior to granting approval for any short subdivision, the director shall ascertain that the following improvements have been made or installed for each parcel created by the division of land:

A. Appropriate dedications or easements made, if required;

B. Commitment for provision of city water and sanitary sewer. If utilities are not installed at the time plat approval is being requested, notation shall be made on the face of the approved plat that said utilities must be installed prior to the development of any parcel, and that any parcel therein may be subject to a future utility local improvement district to provide water and sewer services. (Ord. 2554 § 3, 2003)

17.54.090 Building permits restricted.

A. No building permit shall be issued for construction of any kind unless:

1. Such lot was of record prior to adoption of the ordinance codified in this division;

2. Such lot is a division of a recorded subdivision; or

3. Such lot was created in compliance with the provisions of this division.

B. It shall be the responsibility of the property owner to establish the status of the lots as it pertains to subsection A of this section. (Ord. 2554 § 3, 2003)

17.54.100 Resubdivision.

Any short subdivision, or land involved in a short subdivision, shall not be resubdivided for a period of five years from the date of approval of the short plat without the submission and approval of a final plat done in a accordance with Chapter 17.58 BMC. (Ord. 2554 § 3, 2003)

17.54.110 Application fee.

The application fee for short subdivision application and any applicable inspection fees shall be as set forth in the city’s unified fee schedule. (Ord. 2554 § 3, 2003)

17.54.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.56
PRELIMINARY PLAT

Sections:

17.56.010 Subdivision approval required.

17.56.020 Applications for preliminary plat approval.

17.56.030 Application submittal requirements.

17.56.040 Coordination with environmental procedures.

17.56.050 Review authority hearing and action.

17.56.060 Review standards.

17.56.070 Expiration and time extensions for preliminary plats.

17.56.080 Appeals.

17.56.010 Subdivision approval required.

All division of land into five or more lots shall require subdivision approval by the city of Blaine, unless such division qualifies as a lot line adjustment or is being processed as a binding site plan. Subdivision approval includes preliminary plat approval and final plat approval. Subdivisions shall conform to the regulations set out in this division as they pertain to preliminary plats, subdivision design, improvements and final plats. (Ord. 2554 § 3, 2003)

17.56.020 Applications for preliminary plat approval.

A. Applications for preliminary plat approval shall be submitted to the department of community development (DCD) using forms provided by the department. A determination of complete application will be based on the information provided on the form as well as the information required in BMC 17.56.030. Preliminary plat applications are approved by the review authority and processed as Type II-PC land use decisions requiring an open record hearing.

B. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat application shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.56.030 Application submittal requirements.

Persons making application for preliminary plat approval shall submit the following:

A. Completed preliminary plat application form(s) signed by the owner(s) of the subject property or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application.

B. A preliminary plat which shall be prepared, drawn and certified by a land surveyor registered by the state and shall clearly show the following:

1. All lots, rights-of-way, open space, existing easements and other features affecting the design of the plat;

2. Topography lines at an interval of five feet, unless the director determines that some other contour interval is more appropriate based on the characteristics of the site;

3. All parcels of land intended to be dedicated or temporarily reserved for public use and the conditions attached thereto shall be accurately indicated;

4. A vicinity sketch at a scale of not more than 800 feet to the inch showing the proposed plat in relation to surrounding lands. All platted rights-of-way for a distance of at least one-fourth of a mile shall be shown, and additional area shall be illustrated, if necessary to show connecting streets or arterials;

5. The plat shall contain an accurate and complete legal description of the area being platted;

6. All existing conditions shall be delineated. The location, width and names of all existing or prior platted streets or other public ways, railroads and utility rights-of-way, parks and other public open spaces, permanent buildings and structures and section and municipal corporation lines within or adjacent to the tract shall be shown;

7. In the case of a replat, the lots, blocks, streets, alleys, easements and parks of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity;

8. Existing sewers and water lines, culverts or other underground facilities within the tract indicating pipe sizes, grades and exact location as obtained from public record shall be shown;

9. Boundary lines of adjacent tracts of unsubdivided and subdivided land, showing owners, shall be indicated by dotted lines for a distance of 300 feet;

10. Existing zoning of the proposed subdivision and adjacent tracts shall be shown;

11. Source of water supply, method of sewage disposal and method of surface water disposal shall be indicated.

C. The required filing fees shall be paid to the city upon submission of a preliminary plat for approval.

D. SEPA checklist, if required, typewritten or in ink and signed. (Ord. 2554 § 3, 2003)

17.56.040 Coordination with environmental procedures.

When a project requires environmental permit(s) or review, procedures within this chapter shall be coordinated with environmental procedures described in Division 5 of this title. (Ord. 2554 § 3, 2003)

17.56.050 Review authority hearing and action.

The review authority shall hold an open record hearing and make a final decision on the preliminary plat application in the manner set forth in Chapter 17.06 BMC for Type II-PC decisions. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.56.060 Review standards.

A. The review authority shall review each preliminary plat for conformity with the comprehensive plan, applicable land division, zoning, critical areas and other land use regulations of the city and with the applicable provisions of Chapter 58.17 RCW.

B. As provided in Chapter 58.17 RCW, the review authority shall also determine if the preliminary plat and any proposed dedication(s) includes adequate provisions to protect the public health, safety and general welfare. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.56.070 Expiration and time extensions for preliminary plats.

A final plat meeting all requirements of this chapter shall be submitted to the director for submittal to the review authority for approval within five years of the date of preliminary plat approval. An applicant who files a written request with the review authority at least 30 days before the expiration of this five-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.56.080 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.58
FINAL PLAT

Sections:

17.58.010 Submission.

17.58.020 Conformance to preliminary plat.

17.58.030 Contents – Certificates – Approvals.

17.58.040 Review authority review.

17.58.050 Recording.

17.58.060 Copy for public works director.

17.58.070 Validity of land uses.

17.58.080 Appeals.

17.58.010 Submission.

A. Prior to submission of a final plat for approval, the plat shall conform in all respects to the design standards and improvement requirements specified in this division.

B. Submission of the final plat shall be in adequate time to allow all of the requirements and procedures set out in this chapter to be accomplished in an orderly manner. (Ord. 2554 § 3, 2003)

17.58.020 Conformance to preliminary plat.

The final plat shall conform to the preliminary plat design; however, slight deviations may be allowed by the director if the director determines such are necessary because of unforeseen technical problems and that the changes will result in a better plat. (Ord. 2554 § 3, 2003)

17.58.030 Contents – Certificates – Approvals.

A. Legal Description. A complete legal description shall be shown in its entirety on the face of the plat. The plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with descriptions of them and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet. The basis of bearing shall be shown.

B. Covenants. A copy of any covenants which were drafted in conjunction with, or as a result of, a plat shall accompany the final plat and shall become a part of it. The covenants shall be recorded with the final plat.

C. Plat Certificate. A current plat certificate by a recognized title company shall accompany the final plat upon submission to the city for approval.

D. Dedication of Public Lands. The face of the plat shall contain a dedication of all lands to be conveyed to the public, which shall be signed by the legal property owners. The signatures of the owners shall be acknowledged by a notary public.

E. Land Surveyor Seal. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the land actually surveyed.

F. Health Department Approval. The plat shall be accompanied by a recommendation from the local health department and/or department of public services as to the adequacy of the proposed means of sewage disposal and water supply.

G. Approval by the Director. Each final plat shall be checked by the director to assure that the final plat is consistent with any conditions of approval and with the city subdivision regulations. Upon determining that all applicable standards and conditions have been met, the director shall sign the plat.

H. Filing Fees. The applicable processing fees as set forth in the city’s fee schedule shall be paid to the city treasurer prior to the approval of the review authority of any final plat.

I. City Treasurer Approval. Each final plat shall contain the signature of the city treasurer certifying that all filing fees, city taxes and assessments and other fees for which the property may be liable have been paid. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.58.040 Review authority review.

If the project is not a major development, the review authority shall review the final plat for conformance with the approved preliminary plat, for completion of all the requirements contained in this division, and for conformance with other standards or codes which pertain to the plat. Upon determination that platting requirements have been satisfied, the review authority shall approve the plat by signature. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.58.050 Recording.

The final approved plat shall be filed for record with the county auditor in compliance with state and county laws and regulations. (Ord. 2554 § 3, 2003)

17.58.060 Copy for public works director.

In accordance with the state law and with the regulations of this division, the subdivider shall, at his own expense, furnish the public works director with one permanent reproducible copy of the final plat as filed. (Ord. 2554 § 3, 2003)

17.58.070 Validity of land uses.

Any lots in a final plat for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of five years from the date of filing. (Ord. 2554 § 3, 2003)

17.58.080 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.60
BINDING SITE PLAN APPROVAL

Sections:

17.60.010 Purpose.

17.60.020 Binding site plan alternative.

17.60.030 Binding site plan procedure – Preliminary approval of binding site plans.

17.60.040 Final approval of general and specific binding site plans.

17.60.050 Security.

17.60.060 Submittal requirements for general binding site plans and specific binding site plans.

17.60.070 Appeals.

17.60.010 Purpose.

The purpose of this chapter is to establish or reference the procedure and requirements for the application, review, and approval of preliminary, general and specific binding site plans. The procedure is intended to provide orderly and expeditious processing of such applications. (Ord. 2554 § 3, 2003)

17.60.020 Binding site plan alternative.

As an alternative to applying for short subdivision or long subdivision approval, an application for binding site plan approval may be submitted for the following:

A. Divisions of land into lots or tracts classified for industrial or commercial use.

B. Divisions of land for the purpose of creating lease spaces in a mobile home park or RV park when no other residential structures are permitted.

C. Divisions of land that result from subjecting a portion of a parcel or tract to condominium ownership as provided by Chapter 64.32 or 64.34 RCW. (Ord. 2554 § 3, 2003)

17.60.030 Binding site plan procedure – Preliminary approval of binding site plans.

Preliminary binding site plan proposals shall be submitted in accordance with the submittal requirements for preliminary plats as set forth in Chapter 17.56 BMC and shall be subject to the provisions of that chapter applicable to preliminary plats. (Ord. 2554 § 3, 2003)

17.60.040 Final approval of general and specific binding site plans.

A. An applicant requesting final approval of a general and/or specific binding site plan shall submit to the director administrative official copies of the materials specified in BMC 17.60.060. The request shall be accompanied by a statement from the public works director that the city of Blaine:

1. Has received all required as-built plans or posted a security for as-built plans; and

2. Has received estimates and performance guarantees required to assure completion of those improvements not yet installed as stipulated in the appropriate standards.

B. The applicant shall submit a current title report issued no more than 60 days prior to the city manager signing the final general or specific binding site plan original drawing. The owner of record and the surveyor of record shall sign the final general or specific binding site plan original drawing prior to filing it for record with the county auditor.

C. The general binding site plan and, subsequent to general binding site plan approval, each specific binding site plan shall contain a statement of approval from the following, filed with the county auditor:

1. The public works director as to the layout of streets, alleys, and other rights-of-way, the design of bridges and the adequacy of potable water supply and sewage disposal; and

2. The finance department stating that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged; and

3. The community development director stating that the final general binding site plan conforms to all terms of the preliminary binding site plan approval, the requirements of Chapter 58.17 RCW and other applicable state laws, and meets the requirements of this title that were in effect at the time of vesting of the preliminary binding site application.

D. General and specific binding site plans shall be approved, disapproved, or returned to the applicant with corrections within 30 days of submittal to the city, unless the applicant consents to an extension of such time period.

E. General and specific binding site plans shall be filed for record with the auditor. No binding site plan shall be accepted for filing by the county auditor until it has been approved by the approving authorities as indicated on the instrument by the appropriate signature. The signature of the approving authorities shall not be affixed until the developer has posted the guarantees as stipulated in the appropriate standards. (Ord. 2554 § 3, 2003)

17.60.050 Security.

As an alternative to complete installation of required improvements, the subdivider may, with the approval of the public works director, elect to post securities as set forth in the city of Blaine development standards, guaranteeing completion of the improvements. (Ord. 2554 § 3, 2003)

17.60.060 Submittal requirements for general binding site plans and specific binding site plans.

A. Basic Written Data (on Attached Sheets).

1. Name, address, and phone number of owner, applicant, and contact person.

2. A separate map scaled at one inch equals 400 feet for the assignment of addresses.

B. Map Data.

1. Map submissions.

2. Name of the binding site plan.

3. Common engineering map scale/north arrow/sheet numbers (on each sheet containing a map).

4. File number of the preliminary binding site plan.

C. Survey Data.

1. Section, township, range, and municipal and city lines in the vicinity.

2. Legal description of the land.

D. Additional Map Submissions.

1. Map and media submissions.

2. Acceptable map sizes (18 inches by 24 inches).

3. Original drawing.

4. Three map copies made from original drawings (i.e., “blue lines” or “black lines”).

5. Date of original and significant revisions.

6. Existing and proposed street names.

7. Names or numbers of any adjacent divisions.

E. Final Survey Submissions.

1. Final survey of boundary of the land division with complete bearings and lineal dimensions.

2. The location of all monuments or other evidence used as ties to establish the land division’s boundaries.

3. The location of all permanent control monuments found and established at the controlling corners of the parcel being divided and within the land division.

4. The length and bearing of all straight lines, the radii, arcs and semi-tangents of all curves.

5. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field.

6. Sequential numbers assigned to all lots within the land division (specific binding site plans only).

7. The location and width of all easements, shown with dashed lines, and a description of the purpose of the easement.

8. The location, width, centerline, and names of all roads within and adjoining the land division.

9. Any roads not dedicated to the public, as may be approved by the city of Blaine.

10. The location and (where ascertainable) sizes of all utilities, permanent wells and associated protective zones, watercourses, bodies of water, railroad rights-of-way, municipal boundaries, section lines, township lines, and meander lines.

11. A reference to any covenants or restrictions.

12. Lot closures.

F. Required Signatures, Certificates, and Note Submissions.

1. The statement required under RCW 58.17.040(7)(e).

2. Signatures of persons with ownership interest, including a statement that the binding site plan has been made with the free consent and in accordance with the desires of the land owner(s).

3. Land surveyor’s signature and certificate.

4. Public works director’s signature.

5. Community development signature.

6. Review authority chairperson signature.

7. City council signature (if applicable). (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.60.070 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.62
DESIGN REQUIREMENTS

Sections:

17.62.010 Monumentation.

17.62.020 Through lots.

17.62.030 Lot size and setbacks.

17.62.040 Blocks.

17.62.050 Cluster subdivision.

17.62.055 Planned zoning district.

17.62.060 Right-of-way widths.

17.62.065 Modification of right-of-way widths.

17.62.070 Cul-de-sac.

17.62.080 Grades.

17.62.090 Curves.

17.62.100 Alleys.

17.62.110 Parks, open space and trail requirements.

17.62.120 Appeals.

17.62.010 Monumentation.

Monuments shall be placed at all street intersections, boundary angle points, points of curves in streets, and at such intermediate points as required by the public works director. The monuments shall be of stone or concrete-filled pipe or tile, capped with standard markers. Street monuments shall be set between six inches and one foot below official finished street grades and in paved streets shall be enclosed in a standard monument case. All lot and block corners shall be set with an iron pipe, at least 24 inches in length and three-fourths inch in diameter. (Ord. 2554 § 3, 2003)

17.62.020 Through lots.

Through lots shall not normally be allowed; however, if the subdivision abuts an arterial street, the lots on such streets may be through lots provided the review authority determines such a layout to be in the best interests of safety and general welfare. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.62.030 Lot size and setbacks.

All residential lots not located in a cluster subdivision shall have an average lot area which is not less than the minimum lot area required in the district in which the property is located as identified on the zoning map. In computing the average lot area, not more than 10 percent of the number of lots may contain an area less than the prescribed minimum for the district. In no case shall any lots be created which contain an area less than 90 percent of the prescribed minimum for the district. Except in districts with no minimum frontage requirements, each lot shall have no less than 40 feet of frontage on a deed or dedicated right-of-way, or this distance may be reduced to 30 feet if the lots front on a cul-de-sac; however, if the frontage is so reduced, then the front yard setback line shall be increased to 30 feet from the front property line. The minimum lot width at the building setback line shall be no less than 60 feet. (Ord. 2554 § 3, 2003)

17.62.040 Blocks.

The maximum length of a block shall be 1,320 feet. The maximum width shall be 500 feet. Where blocks exceed 500 feet in length, pedestrian easements may be required if deemed necessary. (Ord. 2554 § 3, 2003)

17.62.050 Cluster subdivision.

A. Purpose. The purpose of this section is to provide for variation in lot sizes in residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements is maintained on an overall basis while desirable open space, tree cover, recreation areas or scenic vistas are preserved.

B. Number of Reduced-Size Lots. The developer of a subdivision may vary the lot sizes within the subdivision by use of the procedures contained in this section. The maximum number of lots that may be created under this procedure shall be computed by subtracting 30 percent of the total area being subdivided, exclusive of existing easements and other undevelopable land, for public right-of-way and for land reserved for parks, playgrounds, school sites and for other open space; and dividing the remaining land by the minimum lot area requirement of the districts in which the subdivision is to be located. This method shall apply regardless of the amount of land actually required for street right-of-way. Land taken by utilities for easements for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under this procedure.

C. Standard for Area Reduction. Under this procedure, lots may be reduced in area below the standard minimum lot size required in the district in which the subdivision is located; provided, that the average lot size of the lots created in the subdivision is not below the minimum lot size required in the district. In subdivisions containing 12 or more lots, common land for open space or recreational use may be set aside for use by the owners of residential lots and such common land may be included in determining the average lot size of the lots created in the subdivision.

D. Minimum Frontage. Under this procedure, no lot in a residential district shall contain a frontage less than the applicable frontage required by the subdivision regulations, except as otherwise provided in Division 3 of this title.

E. Common Open Space. The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the review authority before the provisions of this section shall apply. A private recreational use, such as a golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses or sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation. Land which is specifically required to be reserved for public parks, potential school sites, etc., as called for in another section of this division, shall not qualify as common land.

F. Maintenance of Common Land. The maintenance of common land for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approved by the review authority and shall be filed with the county auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions for a minimum period of 35 years. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.62.055 Planned zoning district.

A. Purpose. The purpose of this section is to provide for variation in lot sizes in planned residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements are able to be modified to provide desired open space, tree cover, recreation areas or scenic vistas according to an overall master plan.

B. The developer of a subdivision may vary the lot sizes and frontage and setback dimensions within the subdivision according to the provisions of the approved master plan for the planned district developed under Division 3 of this title.

C. Common Open Space. The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the review authority as part of an overall master plan for the planned residential district. A private recreational use, such as a golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses or sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation.

D. Maintenance of Common Land. The maintenance of common land for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approved by the review authority and shall be filed with the county auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions for a minimum period of 35 years. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.62.060 Right-of-way widths.

The minimum rights-of-way required for the following street classifications are as follows:

A. Arterial streets, 80 feet;

B. Collector, local or minor access streets, 60 feet;

C. Cul-de-sac streets, 50 feet;

D. Marginal access streets, 40 feet;

E. Alleys: minimum, 20 feet; maximum, 30 feet;

F. Private streets: the minimum right-of-way required for private streets shall be determined by the review authority. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.62.065 Modification of right-of-way widths.

The minimum rights-of-way established in BMC 17.62.060 may be reduced according to the standards of an approved master plan for the district developed under the provisions of Division 3 of this title. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.62.070 Cul-de-sac.

A. The maximum length of a cul-de-sac shall be 600 feet, unless the review authority approves a “T” or “Y” shaped paved space in lieu of a turning circle.

B. The minimum right-of-way radius of a cul-de-sac shall be 50 feet. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.62.080 Grades.

A. The maximum roadway grade on arterial streets shall be six percent.

B. The maximum roadway grade on other streets and alleys shall be 14 percent; however, the optimum grade is no more than 10 percent and shall not be exceeded unless in unusual cases.

C. The minimum grade on all streets or alleys shall be no less than five-tenths of a percent. (Ord. 2554 § 3, 2003)

17.62.090 Curves.

A. The minimum centerline radii for horizontal curves shall be 100 feet.

B. The minimum radii for vertical curves shall be 50 feet. (Ord. 2554 § 3, 2003)

17.62.100 Alleys.

Alleys are not required but may be included in the subdivision at the subdivider’s option. (Ord. 2554 § 3, 2003)

17.62.110 Parks, open space and trail requirements.

Each development project shall include on-site parks, open space and trails sufficient to offer neighborhood recreation opportunities for projected residents. Impact fees shall contribute to off-site park, trail and open space amenities in a manner consistent with the city of Blaine parks and recreation plan. (Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003)

17.62.120 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.64
MAJOR DEVELOPMENT

Sections:

17.64.010 Intent.

17.64.020 Applicability.

17.64.030 Major development determination and notification.

17.64.040 Review procedure.

17.64.050 Criteria for council approval.

17.64.060 Amendments to a major development.

17.64.070 Appeals.

17.64.010 Intent.

The major development review process is an additional review requirement for those projects that are determined by the city council to be of such magnitude or sensitivity that special review is needed to determine consistency with the city’s comprehensive plan and to ensure that potential impacts are fully mitigated before project approval is granted. (Ord. 2577 § 3, 2004)

17.64.020 Applicability.

A. All major developments shall, prior to any construction, obtain approval from the city council.

B. Major development review shall be required if the proposed development project meets any of following conditions:

1. Residential subdivisions: 25 lots or greater;

2. Multifamily dwellings: 25 units or greater;

3. Motel/hotel: 50 units or greater;

4. Retail floor area: 50,000 square feet or greater;

5. SEPA review: when an EIS is required.

C. In addition to the conditions contained in subsection B of this section, the city council may declare any development proposal a major development, when, in its judgment, the proposed development is of such magnitude, complexity or sensitivity that final review and approval is necessary by the council to fully anticipate and mitigate potential impacts to the natural environment of the city, and to protect the health, safety and general welfare of the community in a manner consistent with the city’s comprehensive plan and development regulations. (Ord. 2577 § 3, 2004)

17.64.030 Major development determination and notification.

A. Upon submission, each development proposal shall be reviewed and a determination made in the following manner:

1. Upon receiving a complete application, the director shall immediately make a determination of major development status if the development proposal meets the conditions contained in BMC 17.64.020(B).

2. The city council will make a determination of major development status if the proposal meets the conditions contained in BMC 17.64.020(C). In order to ensure an early city council determination, the director will provide an update of all proposed development projects at each city council public meeting.

B. Notification of a determination of major development shall be provided to the applicant within five days of such a determination. (Ord. 2577 § 3, 2004)

17.64.040 Review procedure.

A. A major development review shall be processed as a Type II-CC review as described in Chapter 17.06 BMC.

B. A major development review is required in addition to any other permit review and approvals required by other city codes. However, a major development review may be processed, to the extent possible, concurrently with any permit and environmental review process required in the city’s code. (Ord. 2577 § 3, 2004)

17.64.050 Criteria for council approval.

A. Approval of a proposed major development shall be granted when it is determined that the proposed project is one permitted within the subject zoning designations and complies with all of the applicable provisions of this title and all other applicable regulations, including prescribed development/performance standards and all applicable development standards and design guidelines.

B. In addition, the city council may impose any reasonable conditions that may be required to mitigate impacts of the proposal on the natural environment of the city, and to protect the health, safety and general welfare of the people of the city consistent with the comprehensive plan. (Ord. 2577 § 3, 2004)

17.64.060 Amendments to a major development.

All amendments to an approved major development shall be processed in the same manner as the review procedure referenced in BMC 17.64.030. (Ord. 2577 § 3, 2004)

17.64.070 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.66
IMPROVEMENT STANDARDS

Sections:

17.66.010 Design drawings.

17.66.020 Full or three-quarter standard streets.

17.66.030 Completion or performance bond.

17.66.040 Arterials.

17.66.050 Collector, industrial and commercial streets.

17.66.060 Minor local access streets.

17.66.070 Alleys.

17.66.080 Sidewalks and pedestrian ways.

17.66.090 Utility easements.

17.66.100 Water supply.

17.66.110 Sewerage.

17.66.120 Storm drainage.

17.66.130 Power and communication facilities.

17.66.140 Street lighting and traffic-control devices.

17.66.150 Crosswalks.

17.66.160 Street names.

17.66.170 Appeals.

17.66.010 Design drawings.

The developer shall submit to the public works director profiles of the proposed streets, drainage plans and right-of-way section drawings, including utility line placement, for approval before any groundwork is begun. All design drawings shall be prepared by a state-registered professional engineer. (Ord. 2554 § 3, 2003)

17.66.020 Full or three-quarter standard streets.

Full standard streets shall be required where both sides or a major portion thereof are being developed and three-quarter standard streets will be required where only one side is being developed. The improvement standards for streets and sidewalks may be reduced according to the standards established in the master plan for a planned district developed under the provisions of Division 4 of this title. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.66.030 Completion or performance bond.

A. Prior to the submission of a final plat for approval, all streets, alleys, utilities, monumentation and other improvements specified in this chapter shall be installed and completed by the subdivider to the satisfaction of the public works director. Such improvements shall meet the standards specified in this division.

B. A performance bond in the amount of 150 percent of the value of the incomplete required improvements or other security satisfactory to the city may be posted in lieu of installation of improvements; provided, that such bond or other security is recommended by the public works director and approved by the city council. The performance bond or other security shall specify exactly what improvements are covered and a time schedule for completion. The performance bond or other security may be released upon completion of all improvements and the posting of a maintenance bond for one year at 10 percent of the value of the performance bond or other security. (Ord. 2554 § 3, 2003)

17.66.040 Arterials.

A. If an existing or proposed primary or secondary arterial so designated on the officially adopted circulation plan of Blaine is located in or adjacent to a subdivision, the subdivider shall be required to provide arterial right-of-way in conformance with the design standards in BMC 17.62.060, if such right-of-way is needed. The cost of improving such a street shall be borne by the subdivider in the amount comparable to improving a local access street; the city will assume the additional expense involved to install a primary arterial.

B. The paving width and other improvement design features for each primary arterial shall be 44 feet minimum, with 54 feet desirable. The paving width and other improvement design features for each secondary arterial shall be 44 feet minimum. The improvement standards for public arterials may be reduced according to the standards established in the master plan for a planned district developed under the provisions of Division 3 of this title. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.66.050 Collector, industrial and commercial streets.

A. The pavement width for all collector, industrial and commercial streets so designated on the officially adopted circulation plan for Blaine shall be: high-density, 44 feet; low-density, 40 feet.

B. The city may participate in the additional expense of providing such a street if the primary use of the street is by the general public and the need for the enlarged street is not the result of the subdivision or of a particular traffic generator. (Ord. 2554 § 3, 2003)

17.66.060 Minor local access streets.

For minor local access streets, the pavement width shall not be less than 36 feet; however, pavement width on a cul-de-sac may be reduced to 32 feet with a turnaround radius of 40 feet. (Ord. 2554 § 3, 2003)

17.66.070 Alleys.

The hard-surfaced width for an alley shall be determined according to its design and intended use; however, 16 feet is the optimum width, which should be required wherever possible. (Ord. 2554 § 3, 2003)

17.66.080 Sidewalks and pedestrian ways.

A. Sidewalks shall be installed on both sides of each street, except where three-quarter standard street is required. The minimum sidewalk width is five feet. Sidewalks shall be required in dead-end cul-de-sacs.

B. Pedestrian ways may be required where blocks are exceptionally large or where there is a need for pedestrian access in areas other than along streets. Such ways shall be at least three feet in width and shall be surfaced with hard, dust-free, level material acceptable for walking.

C. Where a master pedestrian/bicycle circulation plan has or is being approved by the city in connection with PUD approval or in connection with a planned district, alternative methods of pedestrian/bicycle circulation rather than sidewalks may be approved. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.66.090 Utility easements.

The subdivider shall reserve a strip of land five feet in width lying adjacent to each exterior side of all dedicated public rights-of-way included in any plat. Such lands shall be recorded as public easements and shall be used primarily for the installation of required service utilities. Any and all franchised utilities, including city utilities, shall rightfully have access to and may use the easements. Exclusive use rights cannot be granted to any single or combination of utilities. (Ord. 2554 § 3, 2003)

17.66.100 Water supply.

A. A complete water distribution system shall be installed. Such system shall be adequate to serve the area being platted. Each lot shall be connected to the water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed on the street side, five feet out from the property line. The connection to each lot shall be maintained by and kept within the exclusive control of the city.

B. All water lines, hydrant connections and services shall be placed prior to improvement of the streets and shall be constructed in accordance with the appropriate codes and standards of the city. (Ord. 2554 § 3, 2003)

17.66.110 Sewerage.

A sanitary sewer system shall be installed in such a manner where each and every building in which people live, congregate or are employed has a separate connection to the public sewer. Each connection and each fixture emptying into and through the connection shall be installed in the manner prescribed in the plumbing code of the city. (Ord. 2554 § 3, 2003)

17.66.120 Storm drainage.

Installation of an adequate and satisfactory storm water drainage system is required, conforming to standards adopted by the city council. (Ord. 2554 § 3, 2003)

17.66.130 Power and communication facilities.

In all subdivisions, adequate and satisfactory installation of electric power and communication facilities shall be required. All such facilities shall be installed underground except for the following:

A. Electric utility substations, pad-mounted transformers and switching facilities and power pedestals;

B. Electric transmission systems, of a voltage of 55 kilovolts or more;

C. Television amplifier cables;

D. Telephone pedestals, cross-connect terminals, repeaters and cable warning signs;

E. Street lighting standards;

F. Traffic-control equipment;

G. Temporary services for construction. (Ord. 2554 § 3, 2003)

17.66.140 Street lighting and traffic-control devices.

A. The subdivider shall install at his expense streetlights, street signs, and traffic-control devices to the satisfaction of the public works director, and such facilities shall conform with the standards of the city.

B. Where a master graphic and lighting plan has or is being approved by the city in connection with PUD approval or in connection with a planned district, alternative methods of lighting and signage may be approved. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.66.150 Crosswalks.

Crosswalks shall be installed when, in the opinion of the public works director, they are necessary. (Ord. 2554 § 3, 2003)

17.66.160 Street names.

All street names shall be subject to recommendation of the review authority and approval of the city council. The city reserves the right to name or rename any street in any subdivision. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.66.170 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.68
VARIANCES

Sections:

17.68.010 Purpose.

17.68.020 Authority to grant.

17.68.030 Appeals.

17.68.010 Purpose.

A modification of the terms of this division may be granted because of unusual shape, exceptional topographic conditions, geological problems or other extraordinary situation or condition in connection with a specific piece of property when the literal enforcement of this division would involve practical difficulties or result in an undesirable plat. (Ord. 2554 § 3, 2003)

17.68.020 Authority to grant.

The review authority shall have the authority to grant variances from the provisions of this division in a manner consistent with the procedure described in BMC 17.06.170; provided, the subdivider proves that the literal enforcement of the terms of this division would result in an undesirable subdivision or short subdivision, and that such variance will not impair the maintenance of public health and safety. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.68.030 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007)

Chapter 17.70
FEES

(Reserved)

Division 5. Environmental and Cultural Resource Management

Chapter 17.80
SEPA GUIDELINES

Sections:

17.80.010 State provisions adopted by reference.

17.80.020 Additional definitions.

17.80.060 Lead agency determination and responsibilities.

17.80.070 SEPA checklist, exemptions and threshold determination.

17.80.080 Mitigated DNS.

17.80.090 Preparation of EIS – Additional considerations.

17.80.110 Designation of official to perform consulted agency responsibilities for the city.

17.80.120 Designation of responsible official.

17.80.130 Substantive authority.

17.80.140 Nonjudicial appeals of SEPA determinations.

17.80.150 Judicial appeals under SEPA.

17.80.160 Responsibility of agencies – SEPA public information.

17.80.170 Fees.

17.80.180 Severability.

17.80.190 SEPA rules, WAC 197-11-800(1), amended.

17.80.010 State provisions adopted by reference.

(WAC 173-806-020)

The city adopts the following sections or subsections of Chapter 197-11 WAC by reference:

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA process.

197-11-060 Content of environmental review.

197-11-070 Limitations on action during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination process.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-355 Optional DNS.

197-11-360 Determination of significance (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statements – Procedures.

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Actions.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decisionmaker.

197-11-732 Department.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable alternative.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying government action.

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

197-11-900 Purpose of this part.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for governmental proposals.

197-11-928 Lead agency for public and private proposals.

197-11-930 Lead agency for private projects with one agency with jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from more than one agency when one of the agencies is a county/city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936 Lead agency for private projects requiring licenses from more than one state agency.

197-11-938 Lead agencies for specific proposals.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency duties.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance and scoping notice (DS).

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.020 Additional definitions.

(WAC 713-806-030)

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter the following terms shall have the following meanings, unless the context indicates otherwise:

A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.

B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

D. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated DNS procedures). (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.060 Lead agency determination and responsibilities.

(WAC 173-806-070)

A. The lead agency for all nonexempt actions by the city and any department within the city, whether receiving an application for or initiating a proposal that involves a nonexempt action, shall be the city of Blaine department of community development.

B. The SEPA responsible official shall be the director of community development, who shall supervise compliance with the threshold determination requirements, and, if an EIS is necessary, shall supervise preparation of the EIS.

C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions of the proposal. The city shall neither prepare nor require the preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

D. If the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city must be initiated by the responsible official.

E. The responsible official acting on behalf of the lead agency and the city of Blaine are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.

F. For private projects, the responsible official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is, which agencies require nonexempt licenses). (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.070 SEPA checklist, exemptions and threshold determination.

A. A SEPA checklist is not needed if the city and applicant agree that an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.

B. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. If a proposal is exempt, a SEPA checklist is not required.

1. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required. If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

2. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

a. The city shall not give authorization for any nonexempt action, any action that would have an adverse environmental impact, or any action that would limit the choice of alternatives.

b. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved.

c. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.

D. The city shall complete a threshold determination that is based upon review of the environmental checklist and any public comments. The threshold determination shall be conducted upon expiration of the public comment period on the notice of application. Public notification of the determination and a public comment period of 15 days shall follow the completion of the threshold determination unless the optional DNS process as provided in WAC 197-11-355 was used, in which case the provisions of WAC 197-11-355 shall apply.

E. If it is determined that an EIS is required, the public review process will begin when the EIS is complete. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.080 Mitigated DNS.

(WAC 173-806-100)

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

C. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination within 15 days of receiving the changed or clarified proposal:

1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a determination of nonsignificance under WAC 197-11-340(2).

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water retention pond at Y location” are adequate.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

D. A mitigated DNS is issued under WAC 197-11-340(2), requiring a 15-day comment period and public notice.

E. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

F. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS). (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.090 Preparation of EIS – Additional considerations.

(WAC 173-806-120)

A. Preparation of draft and final EISs and SEISs is the responsibility of the planning department under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The draft and final EIS or SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

C. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.) (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.110 Designation of official to perform consulted agency responsibilities for the city.

(WAC 173-806-140)

A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, or reviewing a draft EIS.

B. This person shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.120 Designation of responsible official.

(WAC 173-806-150)

A. For those proposals for which the city is the lead agency, the responsible official shall be the director of community development.

B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.130 Substantive authority.

(WAC 173-806-160)

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. Notwithstanding any other provisions of the Blaine Municipal Code, the city may attach conditions related to environmental review under SEPA to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities;

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources;

h. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment;

i. The city adopts by reference the policies of the following city documents:

i. City of Blaine comprehensive plan;

ii. City of Blaine shoreline management program;

iii. City of Blaine land use code, BMC Title 17.

E. Except for permits and variances issued pursuant to Chapter 17.81 BMC, when any proposal or action not requiring a decision of the city council is conditioned or denied on the basis of SEPA, as provided in this section, by a nonelected city official or commission, the decision may be appealed to the city council. If the SEPA determination is for a proposal reviewed as a Type I land use decision, the appeal shall be an open record appeal as provided in Chapter 17.06 BMC. If the SEPA determination is for a proposal reviewed as a Type II-HE or Type II-PC decision, the appeal shall be a closed record appeal. Appeals under this subsection shall be filed in the manner provided in Chapter 17.06 BMC for the type of decision being appealed. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.140 Nonjudicial appeals of SEPA determinations.

A. Appeals on SEPA procedural determinations are limited to review of a final threshold determination and final EIS. Appeals on intermediate procedural determinations under SEPA including, but not limited to, lead agency determination, scoping, and draft EIS adequacy are not allowed.

B. Except as provided in subsection D of this section, an allowed appeal of a procedural or substantive determination under SEPA shall be consolidated with the hearing or appeal on the underlying action in a single simultaneous hearing before a single city hearing body as determined by the land use decision type. No separate SEPA administrative appeal is allowed except as provided in subsection D of this section,

C. Where a SEPA administrative appeal is consolidated with an open record hearing or appeal on the underlying action and the decision of the city hearing body presiding over the open record hearing will be in the form of a recommendation to the city council for final decision by the city council at a closed record hearing, the hearing body presiding at the open record hearing shall create a record and prepare findings and a separate recommendation for the closed record SEPA administrative appeal to city council in addition to its findings and recommendation on the underlying action.

D. Appeals of the following SEPA procedural or substantive determinations are permitted separately from a hearing or appeal on the underlying city action:

1. An appeal of a determination of significance;

2. An appeal of a procedural determination made by a department when the department is a project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction;

3. An appeal of a procedural determination made by an agency on a nonproject action; and

4. An appeal under subsection E of this section.

E. An appeal of a procedural or substantive determination under SEPA shall be filed within the time limits specified below:

1. For a procedural or substantive determination under SEPA issued at the same time as the decision on a project action, an appeal of the SEPA decisions must be filed within 14 days after a notice of decision under RCW 36.70B.130 or after other notice that the decision has been made and is appealable; provided, that if a DNS for which a public comment period is required under SEPA is issued at the same time as the decision, the appeal period for the DNS shall be extended an additional seven days beyond the 14-day period allowed for other procedural or substantive determinations.

2. For a threshold determination issued prior to a decision on the project, an administrative appeal must be filed within 14 days after the notice of determination has been issued.

F. Procedural determinations by the responsible official shall be entitled to substantial weight by the city hearing body when such determination is under review.

G. Administrative appeal procedures, if available, must be used before anyone may initiate judicial review of any SEPA issue that could have been reviewed under city review procedures.

H. Filing Requirements. All procedural and substantive SEPA appeals provided under this section shall be initiated by filing a written notice of SEPA administrative appeal with the director, accompanied with the applicable appeal fee, pursuant to the city’s unified fee schedule; provided, that no additional appellate fee shall be charged in conjunction with an available hearing on the underlying permit or approval.

1. The notice of appeal required by this section shall include, at a minimum:

a. The name and address of the party or agency filing the appeal;

b. An identification of the specific proposal and specific SEPA actions, omissions, conditions or determinations for which appeal is sought;

c. A statement of the particular grounds or reasons for the appeal. (Ord. 2587 § 2, 2004)

17.80.150 Judicial appeals under SEPA.

A. A judicial appeal of a final SEPA procedural or substantive determination shall be filed within the same appeal timeline and in the same manner as required for a judicial appeal of the underlying action.

B. If there is no timeline or procedure established for a judicial appeal of the underlying action, then the appeal shall be filed with the Whatcom County superior court within 10 days of the date the city takes final action; provided, that if a notice of action has been issued, pursuant to RCW 43.21C.080, the time limits for judicial appeal specified in RCW 43.21C.080 shall apply.

C. No SEPA determination shall be deemed a final determination by the city and subject to judicial appeal until all available administrative appeals of the determination allowed by city code have been completed. Failure of a person to timely file an administrative appeal, if such is available, of a SEPA procedural or substantive determination shall preclude further administrative or judicial review of the determination.

D. When not otherwise provided by the procedures governing approval of the underlying action, official notice of the date and place for commencing a judicial appeal of a SEPA procedural or substantive determination shall be provided. Such notice shall:

1. State the time limit for commencing appeal of the underlying governmental action and SEPA issues citing subsection B of this section as the authority for the time limit; and

2. Identify where an appeal may be filed.

E. Notice provided under subsection D of this section shall be given by delivery of written notice to the applicant, all parties to any administrative appeal, and all persons who have requested notice of decisions with respect to the particular proposal in question. Written notice containing the information required hereunder may be appended to the permit, decision documents, or SEPA compliance documents or may be printed separately.

F. Official notice required in subsection D of this section shall not be given prior to final agency action. (Ord. 2587 § 2, 2004)

17.80.160 Responsibility of agencies – SEPA public information.

(WAC 173-806-190)

The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.140.)

17.80.170 Fees.

(WAC 173-806-200)

A. Threshold Determination. For every environmental checklist the city shall review when it is lead agency, the city shall collect a fee as established by resolution from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

B. Environmental Impact Statement.

1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. The city may require the applicant to post bond or otherwise ensure payment of such costs.

3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (2) of this section which remain after incurred costs are paid.

C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The city shall not collect a fee for performing its duties as a consulted agency.

E. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.150.)

17.80.180 Severability.

(WAC 173-806-220)

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.160)

17.80.190 SEPA rules, WAC 197-11-800(1), amended.

The SEPA rules, WAC 197-11-800(1)(b)(i), (ii), (iii), (iv), and (v), referred to in BMC 17.80.010, are amended as follows:

The following types of construction shall be exempt, except when undertaken wholly or partly on lands covered by water:

i. The construction or location of any residential structures of ten dwelling units.

ii. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agriculture structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots.

iii. The construction of an office, school, commercial, recreational, service or storage building with 10,000 square feet of gross floor area, and with associated parking facilities designed for thirty automobiles.

iv. The construction of a parking lot designed for thirty automobiles.

v. Any landfill or excavation of 250 cubic yards throughout the total lifetime of the fill or excavation.

(Ord. 2587 § 2, 2004; Ord. 2551 § 2, 2003. Formerly 17.80.170.)

Chapter 17.81
SHORELINE MANAGEMENT MASTER PROGRAM

Sections:

17.81.010 Adoption and filing of copies.

17.81.020 Relationship to critical areas management.

17.81.030 Appeals.

17.81.010 Adoption and filing of copies.

The city of Blaine shoreline management master program, as revised, is adopted by the city and the provisions of the master program are incorporated herein by reference as though fully set forth. The complete master program, as revised, shall be officially designated as the “Shoreline Management Master Program for the City of Blaine.” At least three copies of the complete text of the city’s latest edition of the shoreline management master program are on file in the community development department for public use. (Ord. 2554 § 3, 2003)

17.81.020 Relationship to critical areas management.

In no case shall the regulations governing critical areas be construed to minimize or reduce the requirements imposed by the shoreline master program ensuring that qualities of regulated shorelines are maintained. (Ord. 2628 § 2, 2006)

17.81.030 Appeals.

Any person aggrieved by the director’s decision regarding the application of the provisions of the city’s shoreline program to a particular proposal including any order requirement or administrative permit related to that proposal may appeal the decision to the hearing examiner. The appeal shall be processed as a Type II-HE decision requiring an open record appeal hearing. The Department of Ecology shall be considered a party of record and provided notice of the appeal as provided in BMC 17.06.180. (Ord. 2628 § 2, 2006; Ord. 2554 § 3, 2003. Formerly 17.81.020)

Chapter 17.82
NATURAL RESOURCE LANDS AND CRITICAL AREAS MANAGEMENT

Sections:

17.82.010 Authority.

17.82.020 Purpose.

17.82.030 Applicability.

17.82.040 Special studies required.

17.82.050 Appeals.

17.82.060 Aquifer recharge areas.

17.82.070 Fish and wildlife habitat conservation areas.

17.82.080 Frequently flooded areas.

17.82.090 Geologically hazardous areas – Landslide.

17.82.100 Geologically hazardous areas – Erosion.

17.82.110 Geologically hazardous areas – Seismic hazard.

17.82.120 Development exceptions.

Exhibit A Sources of Groundwater Contamination

17.82.010 Authority.

The city adopts this chapter under the State Growth Management Act, Chapter 36.70A RCW. With the exception of wetlands and streams, this chapter contains this city’s natural resource lands and critical areas procedures and policies. (Ord. 2554 § 3, 2003)

17.82.020 Purpose.

The Growth Management Act mandates local governments to assure the conservation of natural resource lands and requires local governments to adopt development regulations precluding land uses or development that is incompatible with critical areas. The purpose of this chapter is to provide a set of development regulations to accomplish this directive on the basis of the following goals:

A. To maintain and enhance natural resource-based industries, to encourage the conservation of productive forest lands and agricultural lands, and to discourage land uses which are incompatible with these goals.

B. To recognize the value of critical recharge areas for aquifers and protect the quantity and quality of the ground water resource.

C. To recognize and respond to the need for flood control and flood-resistant building practices within frequently flooded areas.

D. To protect the public health and safety through the use of land use regulations in areas which, due to geological hazards, are either not suited or have probable significant limitations to building siting, road construction or disturbance.

E. To protect the habitat value of those areas providing critical habitat for threatened, endangered or sensitive wildlife species. (Ord. 2554 § 3, 2003)

17.82.030 Applicability.

A. All development proposals on natural resource lands or in critical areas, whether public or private, shall comply with the requirements and purposes of this chapter. It shall be the responsibility of the community development director to determine if the proposal meets the requirements for this chapter. Said decision must be in writing and included as part of the issued permit.

B. For the purposes of this chapter, development proposals include proposals which require any of the following: building permit; land clearing, grading, or filling permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; conditional use permit; variance; zoning amendment; preliminary development plan for a development contract district; subdivision; short subdivision; any other land use approvals required by this code. (Ord. 2554 § 3, 2003)

17.82.040 Special studies required.

A. When an applicant submits an application for any development proposal, the application shall indicate whether any critical area or any required buffer for a critical area is located on or adjacent to the site. The applicant shall identify the critical area(s). The applicant shall address how the regulations incorporated in this chapter are being met.

B. In the case of fish and wildlife habitat areas and geologically hazardous areas, a map shall be provided that indicates the location of the critical area and any required buffer in relationship to the proposed development.

C. The application shall include the classification of the critical area. The director may request that information submitted regarding critical areas be prepared by a qualified ecologist, engineer or similarly qualified expert in the critical area(s) affected. (Ord. 2554 § 3, 2003)

17.82.050 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.82.060 Aquifer recharge areas.

A. Classification. Classification of recharge areas shall be based upon the susceptibility of the aquifer. High susceptibility shall be defined as those areas where surficial geology and soils information both indicate high recharge potential.

B. Land to Which This Section Applies. Those areas where high permeability surficial geology are indicated by the Map of Engineering Characteristics of Geologic Material, Whatcom County, Map I-854D prepared by Don Easterbrook in conjunction with the United States Geological Service and where the following soil types are present: 13A, 13B, 13C, 13D, 31A, 31C, 32B, 32D, 32E, 33A, 36A, 36B, 38A, 38B, 39A, 39B, 39C, 39D, 39E, 42A, 47A, 48A, 67A, 67B, 69B, 71A, 72A, 73A, 77A, 77B, 77C, 79A, 79B, 79E, 80A, 80B, 85A, 87A, 87B, 87C, 87D, 87E, 88A, 90A, 93A, 93B, 93C, 95A, and 96B as classified by the United States Department of Agriculture, Soil Conservation Service, Soil Survey for Whatcom County.

C. Standards. The city shall require special control measures to protect aquifer recharge zones in the city. Any area found to have a high permeability shall require site plans for on-site storm drainage, on-site retention method and storm water treatment process. All plans shall be approved by the city prior to development approval for any type permit. Special use restrictions will be imposed in areas found to have a high permeability. These restrictions shall apply to, but not be limited to, those activities identified in Exhibit A at the end of this chapter. Such restrictions may include reductions in the maximum percent of impervious surfaces of a parcel, special wetland protection measures, or other restrictions as necessary to protect the quality and quantity of the resource.

D. No permits shall be approved to carry on activity that is expected to cause hazardous waste to enter the aquifer. Whenever possible, all landscaping shall be of such nature as to provide for as much open permeable space as possible in critical recharge zones. (Ord. 2554 § 3, 2003)

17.82.070 Fish and wildlife habitat conservation areas.

A. Classification. Areas conserved for management and maintenance of fish and wildlife habitat; for public health, safety and well-being. These areas may include other critical areas such as wetlands and their associated buffers.

B. Land to Which This Section Applies.

1. Areas with which endangered, threatened, and sensitive species have a primary association;

2. Commercial and recreational shellfish areas;

3. Kelp and eelgrass beds; herring and smelt spawning areas;

4. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. Naturally occurring ponds do not include ponds deliberately designed and created from a dry site, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years’ duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority;

5. Waters of the state. Waters of the state are defined in WAC Title 222, the forest practices rules and regulations. Said waters shall be classified as established in WAC 222-16-030;

6. Lakes, ponds, streams and rivers planted with game fish. This includes game fish planted in these water bodies under the auspices of federal, state, local or tribal programs or which support priority fish species as identified by the Department of Wildlife;

7. State natural area preserves and natural resource conservation areas.

C. Standards. Alterations of these critical areas may reduce the likelihood that the species will survive or reproduce. The city shall assure that activities allowed in fish and wildlife habitat conservation areas are consistent with all applicable state and federal regulations regarding that species. Development in these areas shall be in accordance with the requirements of any overlapping critical area classification. (Ord. 2554 § 3, 2003)

17.82.080 Frequently flooded areas.

A. Classification. Classification for frequently flooded areas shall be consistent with the 100-year floodplain designation of the Federal Emergency Management Agency and the National Flood Insurance Program.

B. Land to Which This Section Applies. All land which is classified within the 100-year floodplain by the Federal Emergency Management Agency and the National Flood Insurance Program.

C. Standards. All development activities shall comply with Chapter 17.86 BMC. (Ord. 2565 § 3, 2004; Ord. 2554 § 3, 2003)

17.82.090 Geologically hazardous areas – Landslide.

A. Classification. Landslide areas are classified as susceptible to erosion, sliding, earthquake or other geological events.

B. Land to Which This Section Applies. These include slopes of 15 percent or greater that are underlain by weak, fine grained unconsolidated sediments, jointed or bedded bedrock, or landslide deposits. Also included are the top and toe of such areas. The following areas are included:

1. Lands indicated on the slope stability map in western Whatcom County (USGS I-854-C), a classification system that delineates four categories of slope stability in Whatcom County;

2. Lands indicated as active slide areas, potential or suspected slide areas of unknown slide areas identified in Map 10 of the Critical Areas of Blaine and its Surrounding Area, prepared by students of Western Washington University, 1991;

3. Areas with all three of the following characteristics: slopes of 15 percent or steeper; and hillsides intersecting geologic contracts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and springs or ground water seepage;

4. Areas of historic failures;

5. Areas that have shown movement during the Holocene Epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of that epoch;

6. Slopes that are parallel or subparallel to lines of weakness (such as bedded planes, joint systems and fault planes) in subsurface materials;

7. Slopes having gradients steeper than 80 percent that are subject to rockfall during seismic shaking;

8. Slopes potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action;

9. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flow or catastrophic flooding;

10. Any area with 40 percent slope or greater and with a vertical relief of 10 or more feet except areas composed of consolidated rock.

C. Standards. All applications for development within an area with slopes of 15 percent or the top or toe of such slopes shall include a geotechnical report performed by a qualified engineering geologist or geotechnical engineer. Reports will be used to determine conditions for project approval. The report shall ensure that the following standards can be met:

1. The development proposal causes no increase in surface water discharge or sedimentation to other properties and shall not decrease slope stability on other properties;

2. Disturbance of trees and vegetation shall be minimal in order to prevent erosion, stabilize slopes, and preserve the natural character of the area;

3. Structures shall conform to the natural contour of the slope and foundations shall be tiered or otherwise designed to generally conform to the existing topography of the site;

4. Structures must be designed and clustered where possible to reduce disturbance and maintain natural topographic character; and

5. Structures and improvements shall be located to preserve the most sensitive portion of the site and its natural landforms and vegetation. (Ord. 2554 § 3, 2003)

17.82.100 Geologically hazardous areas – Erosion.

A. Classification. Erosion hazard areas are sites designated by the USDA Soil Conservation Service as containing highly erodible soils.

B. Land to Which This Section Applies. This section pertains to soils in Blaine that demonstrate critical erosion hazard potential under development conditions and/or have been identified as such by the Soil Conservation District of the U.S. Department of Agriculture as highly erodible or potentially erodible.

C. Standards. All applications for development located in erosion hazard areas shall be accompanied with a report from a qualified consultant indicating measures to be taken to reduce erosion potential. (Ord. 2554 § 3, 2003)

17.82.110 Geologically hazardous areas – Seismic hazard.

A. Classification. Seismic hazard areas are areas subject to a severe risk of earthquake damage as a result of seismically induced ground shaking, differential settlement or soil liquefaction.

B. Land to Which This Section Applies. Development proposals on sites listed as having a very high response to seismic shaking as determined by Easterbrook, shown on Engineering Characteristics of Geologic Materials, Western Whatcom County (USGS I-854-D). Other lands to which this may apply include other geologically hazardous areas, hazards of human origin such as landfills or filled wetlands, areas of alluvial deposits subject to liquefaction, and others as determined by the city.

C. Standards. All applications for development within a high seismic hazard area shall include preliminary information to assist the city to determine the need for a geological and geotechnical report. Preliminary information and reports will be used to determine conditions for project approval. Site analysis by a qualified geologist or geotechnical engineer may be required. (Ord. 2554 § 3, 2003)

17.82.120 Development exceptions.

Exceptions to the development restrictions and standards set forth in this chapter shall be permitted pursuant to the provisions of this section.

A. Modification of Existing Structures. Existing structures or improvements that do not meet the requirements of this chapter may be remodelled, reconstructed or replaced; provided, that the new construction does not further intrude into a critical area.

B. Emergencies. The director may approve improvements that are necessary to respond to emergencies that threaten the public health and safety or public development proposals when it is determined that no reasonable alternative exists and the benefits outweigh the loss.

C. Trails and Trail-Related Facilities. Public and private trails and trail-related facilities, such as picnic tables, benches, interpretive centers and signs, viewing platforms, and campsites shall be allowed, but use of impervious surface shall be minimized. (Ord. 2554 § 3, 2003)

Exhibit A

Sources of Ground Water Contamination

Category I – Sources designed to discharge substances.

Subsurface percolation (e.g., septic tanks and cesspools)

Injection wells

Hazardous waste

Nonhazardous waste (e.g., brine disposal and drainage)

Nonwaste (e.g., enhanced recovery, artificial recharge solution mining, and in-situ mining)

Land application

Wastewater (e.g., spray irrigation)

Wastewater byproducts (e.g., sludge)

Hazardous waste

Nonhazardous waste

Category II – Sources designed to store, treat, and/or dispose of substances; discharge through unplanned release.

Landfills

Industrial hazardous waste

Industrial nonhazardous waste

Municipal sanitary

Open dumps, including illegal dumping (waste)

Residential (or local) disposal (waste)

Surface impoundments

Hazardous waste

Nonhazardous waste

Waste tailings

Waste piles

Hazardous waste

Nonhazardous waste

Materials stockpiles (nonwaste)

Graveyards

Animal burial

Aboveground storage tanks

Hazardous waste

Nonhazardous waste

Nonwaste

Underground storage tanks

Hazardous waste

Nonhazardous waste

Nonwaste

Containers

Hazardous waste

Nonhazardous waste

Nonwaste

Open burning sites

Detonation sites

Radioactive disposal sites

Category III – Sources designed to retain substances during transport or transmission.

Pipelines

Hazardous waste

Nonhazardous waste

Nonwaste

Materials transport and transfer operations

Hazardous waste

Nonhazardous waste

Nonwaste

Category IV – Sources discharging substances as a consequence of other planned activities.

Irrigation practices (e.g., return flow)

Pesticide applications

Fertilizer applications

Animal feeding operations

De-icing salts applications

Urban runoff

Percolation of atmospheric pollutants

Mining and mine drainage

Surface mine-related

Underground mine-related

Category V – Sources providing conduit or introducing discharge through altered flow patterns.

Production wells

Oil (and gas) wells

Geothermal and heat recovery wells

Water supply wells

Other wells (nonwaste)

Monitoring wells

Exploration wells

Construction excavation

Category VI – Naturally occurring sources whose discharge is created and/or exacerbated by human activity.

Ground water – surface water interactions

Natural leaching

Salt-water intrusion/brackish water upcoming (or intrusion of other poor-quality natural water). (Ord. 2554 § 3, 2003)

Chapter 17.83
WETLAND MANAGEMENT

Sections:

17.83.020 Authority.

17.83.030 Purpose.

17.83.040 Definitions.

17.83.050 Applicability.

17.83.060 Rules for the determination of wetland boundaries and category.

17.83.070 City-approved wetland specialist list.

17.83.080 Permit requirements – Compliance.

17.83.090 Temporary emergency permit.

17.83.100 Bond for performance.

17.83.110 Abrogation and greater restrictions.

17.83.120 Uses by right.

17.83.130 Wetland permit uses.

17.83.140 Relationship to zoning ordinance.

17.83.150 Wetland permits.

17.83.160 Permit applications.

17.83.170 Request for predetermination.

17.83.180 Procedures.

17.83.190 Appeals.

17.83.200 Other permits.

17.83.210 Standards for wetland permits.

17.83.220 Wetland restoration and creation.

17.83.230 Wetland restoration and creation alternatives.

17.83.240 Nonconforming activities.

17.83.250 Variances.

17.83.260 Variance criteria.

17.83.270 Variance procedure.

17.83.280 Assessment relief.

17.83.020 Authority.

This chapter is adopted pursuant to the provisions of Article 11 of the Washington State Constitution. (Ord. 2554 § 3, 2003)

17.83.030 Purpose.

The goals of this chapter are:

A. To recognize the beneficial uses, functions and values of wetlands by encouraging the preservation and enhancement of wetland functions and values.

B. To recognize that while the loss of wetlands is undesirable, there may be certain cases involving lower-value wetlands where property rights and public interest conflict with the city’s goal of preserving wetlands. In these cases of low-value wetlands, the goal of wetland preservation may be achieved through mitigation of wetland impacts by protecting or enhancing storm water retention, ground water recharge, water quality and habitat and, in appropriate cases, participation in off-site mitigation.

C. It is furthermore the purpose of this chapter to promote planning to prevent or minimize damage to wetlands; to provide for compensation in the form of wetland and stream restoration, enhancement, creation or off-site mitigation to offset those wetland losses; and to provide for the protection of wetlands via implementation of all applicable ordinances and regulations. (Ord. 2554 § 3, 2003)

17.83.040 Definitions.

Words and phrases used in this chapter shall be interpreted as defined below, and, where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out its regulatory purpose.

“Averaging” means adjusting the required buffer setback from a wetland or stream where it is demonstrated that certain portions of the wetland or stream are more sensitive to disturbance than other portions of the system. For every decrease in setback for an area, there must be an equal corresponding increase in another area, thus maintaining a specified buffer average. The total land area within the buffer for a given parcel shall remain at least as large as if the buffer were a uniform setback.

“Buffer” means a vegetated area bordering a wetland, lake or stream that provides separation from the adjacent or surrounding area to help minimize disturbances resultant from human activity. Buffer widths required in this chapter are:

Category one: 75 feet.

Category two: 50 feet.

Category three: 25 feet.

Streams: 25 feet.

“Contiguous” means immediately adjacent to, included within or directly linked hydrologically with another water body.

“Delineation” means the precise determination of wetland boundaries in the field according to the application of specific methodology as presently in use by the United States Army Corps of Engineers and the mapping thereof.

“Fens” means peat wetlands that derive a portion of their water supply from surface water, whereas bogs are supplied primarily by precipitation and have no significant inflow and outflow streams.

“Functions” means the beneficial roles wetlands may serve, including storage, conveyance and attenuation of floodwaters and storm waters; ground water recharge and discharge; protection of water quality and reduction of sediment and erosion; production of waterfowl, game, and nongame birds, mammals, and other living resources; protection of habitat for rare, threatened and endangered species; food chain support for a broad range of wildlife and fisheries; educational, historical and archeological value protection; and scenic, aesthetic, and recreational amenities.

“High bank” means a steeply rising, near vertical slope which abuts and rises from a water body or wetland. The top of a high bank is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the top is either the line of vegetation separating the unvegetated steep slope from the vegetated uplands plateau or, when the high bank is vegetated, the point where the bank slope diminishes to less than 15 percent.

“High-quality native wetland” means wetlands which are on record with the Washington Natural Heritage Program as a high-quality native wetland.

“Low-impact” means activities that might occur within wetlands and streams and their associated buffers which would have minimal adverse impact on their functions and values, physical setting and overall benefits. Such uses include, but are not limited to, pedestrian trails, interpretive signs, fishing access and scientific research which creates little disturbance.

“Mature forested wetlands” means wetlands which meet all of the following criteria:

1. Forested wetland where at least 50 percent of the tree canopy coverage is mature trees: trees 80 years or older for softwoods and 50 years or older for hardwoods; and

2. Presence of seedlings or saplings of one or more of the dominant overstory tree species; and

3. Nonnative species constitute less than 50 percent of herbaceous coverage; and

4. Area greater than one acre in size.

“Off-site” means a location with a different legal property description than that containing the specified wetland or affected portion thereof.

“On-site” means anywhere within the property having the same legal description as the specified wetland or affected portion thereof.

“Ordinary high water mark” means the mark on streams and tidal waters which will be found by examining the beds and bank and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation. In cases where there is an absence of vegetation, the mean higher high tide shall be the ordinary high water mark.

“Regulated activity” means an activity with a significant impact on any wetland, including:

1. The removal, excavation, filling, grading, or dredging of soil, sand, gravel, minerals, organic matter, or materials of 12 cubic yards or more;

2. The changing of existing drainage characteristics, sedimentation patterns, flow patterns or flood retention characteristics;

3. The disturbance of wetland water level or water table by drainage, impoundment, or other means;

4. The driving of piles, placement of obstructions, and erection of buildings or structures of any kind;

5. The destruction or removal of plant life that would alter the character of a wetland; and

6. The conduct of an activity that results in a significant change of water temperature, a significant change of physical or chemical characteristics of wetland water sources, or introduction of pollutants.

“Significant” means having or likely to have considerable influence or effect.

“Sphagnum wetlands” means peat wetland which is determined by the presence of sphagnum mosses.

“Stream” means a physically defined channel, with seasonal or perennial water flow, that will at least periodically support a predominance of wetland and aquatic plants specifically adapted for growth in a saturated environment. Streams do not include streams artificially created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals and landscape amenities.

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, such as irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetland. Methods for delineating wetlands shall be as described in the following publication: Federal Interagency Committee for Wetland Delineation Federal Manual for Identifying and Delineating Jurisdictional Wetlands in the version currently in use by the U.S. Army Corps of Engineers, Washington, D.C. Cooperative Technical Publication.

Wetland Categories.

1. “Category one wetland” means wetlands which have exceptional resource value based on unique qualities, presence of rare wetland communities and sensitivity to disturbance. These wetlands have one or more of the following features:

a. Contain documented habitat of threatened, endangered or rare plant or animal, including fish, species recognized by state or federal agencies;

b. High-quality native wetland sites which qualify as quality natural heritage wetlands;

c. Contain irreplaceable or rare wetland types in the Puget Sound Basin. These types are sphagnum bogs, fens or significant peat deposits, marine-influenced wetlands and mature forested wetlands;

d. Wetlands of exceptional local significance. The criteria for such a designation includes, but is not limited to, rarity, ground water recharge areas, significant habitats, unique educational sites or other specific functional values within a watershed. Wetlands locally identified as having local significance shall be documented in the Blaine Inventory Map (specific criteria and wetlands of exceptional local significance have not been identified in the present inventory map; further work is required to identify which wetlands to include).

2. “Category two wetland” means wetlands not included in category one which are a significant resource based on functional values and diversity. These wetlands have one or more of the following features:

a. Documented habitats for sensitive plant, fish or animal species recognized by federal or state agencies;

b. Wetlands with significant habitat value based on diversity and size, as follows:

i. Ten acres or greater in size, and two or more wetland classes (as defined in Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al.)) together with 20 percent or greater permanent open water during a normal year; or

ii. Ten acres or greater in size, and three or more wetland classes; and five or more subclasses of vegetation in a dispersed pattern; or

iii. Five acres or greater in size, and 40 to 60 percent permanent open water during a normal year; and two or more subclasses of vegetation in a dispersed pattern;

c. Wetlands contiguous with any stream.

3. “Category three wetland” means all wetlands not included in category one or two wetlands. These wetlands may be valuable for their functions in storm water retention, aquifer recharge and as water quality purifiers. Category three wetlands include wetlands that are not contiguous with a stream, with no threatened, endangered or sensitive plant or animal species or rare wetland types, and contain less than 20 percent permanent open water. Generally they provide only minimal habitat functions. Normally their functions and values may be mitigated or recreated artificially.

“Wetland creation” means a human activity to bring a wetland or portion of a wetland into existence where one previously did not exist.

“Wetland enhancement” means a human activity which increases the functions and values of a wetland, as determined by a professional in wetland enhancement.

“Wetland restoration” means a human activity which restores the functions and values of a wetland to the extent that existed prior to disturbance or degradation, as determined by a professional in wetland restoration.

“Wetlands specialist” means a person who has earned a degree in biological sciences with specific coursework concerning the function and value of wetlands from an accredited college or university. A qualified consultant or professional person who has had equivalent education and training or with equivalent experience may also qualify as wetlands biologist for the purpose of performing wetland delineations, analysis of functions and values and determination of possible mitigation. (Ord. 2554 § 3, 2003)

17.83.050 Applicability.

A. This chapter shall apply to:

1. All wetlands over 10,000 square feet in size;

2. All upland buffer zones:

a. Category one wetlands: 75 feet,

b. Category two wetlands: 50 feet,

c. Category three wetlands: 25 feet;

3. All streams and upland buffer zones within 25 feet of the ordinary high water mark of the stream.

B. This chapter shall not apply to:

1. Wetlands less than 10,000 square feet in size;

2. Artificially created wetlands that were not required to be constructed as mitigation for wetland impacts. These may include but are not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, reservoirs, wastewater treatment ponds, farm ponds and landscape amenities;

3. In the case where the United States Army Corps of Engineers requires an Individual 404 Permit consistent with the United States Clean Water Act and it is determined by the director that the requirements of this chapter are met, the director shall waive the procedural requirements of this chapter. (Ord. 2554 § 3, 2003)

17.83.060 Rules for the determination of wetland boundaries and category.

Determination of wetland boundaries and category will ultimately be the responsibility of the property owner, to be determined from a field survey by a city-approved wetland specialist applying the adopted wetland definition and category types. The city-wide wetland inventory maps and information will greatly assist in this process. When sufficient information exists from the city’s wetland inventory, the requirement for a full or partial delineation and category determination shall be waived. Wetland delineations shall be performed in accordance with the procedures as specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto. Evidence documenting the results of the boundary survey may be required by the director. (Ord. 2554 § 3, 2003)

17.83.070 City-approved wetland specialist list.

The director shall maintain a list of consultants qualified to perform the work required in this chapter including wetland delineation, buffer averaging, restoration and mitigation. (Ord. 2554 § 3, 2003)

17.83.080 Permit requirements – Compliance.

No regulated activity within the regulated area of a wetland may be conducted without a permit from the city and full compliance with the terms of this chapter and other applicable regulations. (Ord. 2554 § 3, 2003)

17.83.090 Temporary emergency permit.

Notwithstanding the provisions of this chapter or any other law to the contrary, if the director deems that an unacceptable threat to life or severe loss of property will occur, a temporary emergency permit may be issued. (Ord. 2554 § 3, 2003)

17.83.100 Bond for performance.

A. The director may require a bond in an amount and with surety and conditions sufficient to secure compliance with the intent of this chapter. In the event of a breach of any condition of any such bond, the city may initiate an action in a court of competent jurisdiction upon such bond.

B. For projects which require less than $2,000 in improvements associated with wetlands mitigation or preservation, no bond is necessary. If mitigation is not complete in accordance with a mitigation schedule, a fine of up to $1,000 may be imposed. (Ord. 2554 § 3, 2003)

17.83.110 Abrogation and greater restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (Ord. 2554 § 3, 2003)

17.83.120 Uses by right.

Certain uses are allowed by right and do not require a wetland permit. However, when such uses are located in a category one wetland, the mitigation sequence identified in BMC 17.83.210(B)(1) shall be met. The following uses shall be allowed within a regulated wetland to the extent that they are not prohibited by any other ordinance or law:

A. Construction of public transportation corridors, such as roads, sidewalks, bike lanes and trails, public utilities such as water and sewer lines, gas lines, public airports, telecommunications and power lines where it can clearly be demonstrated that the project is needed for the benefit of the public and no practicable alternative exists. Access to private property through wetlands is permitted where no practicable alternative exists. In undertaking the above projects, practices to ensure preservation of wetland function and values shall be implemented.

B. Normal maintenance and repair and routine replacement of lawfully located existing facilities or structures such as buildings, transportation corridors and utilities including water and sewer lines, power, gas and telephone lines; provided, that they do not significantly disrupt the associated wetland or stream functions and values.

C. Public parks, foot trails, educational and interpretive projects directly related to wetland understanding and enjoyment; provided, that they do not significantly disrupt the associated wetland or stream functions and values.

D. Development of one single-family dwelling site within the buffer of a wetland or stream on a legal development site shall be approved by the director if the applicant demonstrates that:

1. The extent of the wetland disturbance within the buffer is limited to that which is necessary. In any case, it shall not be larger than 5,000 square feet;

2. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the wetland; and

3. The development is consistent with the purpose and intent of this chapter.

E. The annual removal of an incidental amount of firewood for personal use on a single-family lot. No sale of firewood is allowed. (Ord. 2554 § 3, 2003)

17.83.130 Wetland permit uses.

Regulated activities other than those specified in BMC 17.83.120 may not be conducted except upon application to the director and issuance of a wetland permit. (Ord. 2554 § 3, 2003)

17.83.140 Relationship to zoning ordinance.

Provision has been made within the Blaine land use code to provide an incentive for wetland preservation by allowing procedures for zoning variances in cases where it is necessary to reduce zoning standards in order to protect a wetland. Proponents of projects should check BMC Title 17 in order to take advantage of this provision. (Ord. 2554 § 3, 2003)

17.83.150 Wetland permits.

Application for a permit to conduct a regulated activity shall be on forms furnished by the department of community development. Permits shall ordinarily be valid for a period of five years. Substantial progress toward development of the project must begin within two years of the issuance unless uncontrollable circumstances occur, in which case one-year extensions may be granted. (Ord. 2554 § 3, 2003)

17.83.160 Permit applications.

Application for a permit for a regulated activity shall include:

A. The purpose of the project and an explanation of the reason for the proposed location;

B. A site plan drawn prepared to scale by a city-approved wetlands expert showing the following:

1. The wetland boundary as determined by field delineation;

2. Width and length of all existing and proposed structures, roads, watercourses and drainageways: water, wastewater and storm water facilities;

C. A description of the wetland or wetlands to be affected prepared by a city-approved wetlands specialist. The study shall include:

1. Sketch plan at the scale of 1:200 for the wetland or portion thereof lying within the owner’s property,

2. Area that may be filled or impacted,

3. Vegetation types,

4. Classification in accordance with the Blaine category system,

5. Location and number of wetland classes, utilizing as a guide the Classification of Wetlands and Deep Water Habitats of the United States, published by the U.S. Fish and Wildlife Service, Washington D.C., 1979,

6. Wetland water resources,

7. Common characterization of the habitat, wildlife and dominant plants,

8. Information on the presence of threatened or endangered species;

D. Soil types on the site and the exact locations and specification for all proposed draining, filling, grading, dredging, and vegetation removal, including the amounts and methods;

E. Adjacent land use; and

F. Elevations of the project site and adjacent lands within 100 feet of the site at contour intervals of five feet. (Ord. 2554 § 3, 2003)

17.83.170 Request for predetermination.

A. Any person intending to apply for a wetland permit is strongly encouraged to meet with community development staff during the earliest possible stages of project planning.

B. Any person who wants to know whether a proposed activity or an area is subject to this chapter may request in writing a letter of determination from the director. The director shall acknowledge receipt of the application within five working days. If additional information is necessary in order to make a predetermination, a request for said information shall be supplied to the applicant within 10 working days.

C. At the time of a request for determination, the applicant shall pay a filing fee which shall be specified by written policy by the city council. (Ord. 2554 § 3, 2003)

17.83.180 Procedures.

If the proposal is in conformance with the intent and regulations of this chapter, a wetlands permit shall be approved by the city. (Ord. 2554 § 3, 2003)

17.83.190 Appeals.

Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2673 § 2, 2007; Ord. 2554 § 3, 2003)

17.83.200 Other permits.

The issuance of a city wetland permit in no way authorizes activity prohibited by the Federal Clean Water Act. Whenever a project may involve work in a wetland, proponents should consult with the U.S. Army Corps of Engineers regarding permit requirements. (Ord. 2554 § 3, 2003)

17.83.210 Standards for wetland permits.

The director shall issue wetland permits in accordance with the category classification. The following standards will apply:

A. Buffers.

1. Buffers are upland areas adjacent to wetlands that are intended to provide sufficient separation between the aquatic features and the surrounding areas to protect wetlands from disturbance due to human activities. Ideally, buffers should remain naturally vegetated with native species. In some instances, vegetation management may be necessary to reduce the presence of noxious weeds, invasive species or to restore an impacted buffer. In addition, it may be desirable to increase the diversity within the buffer by planting additional species.

2. Low-impact uses and activities which are consistent with the purpose and function of the wetland buffer and do not detract from its integrity may be permitted depending on the sensitivity of the wetland. Examples of uses which may be permitted include pedestrian trails, interpretive signs, scientific research and fishing access.

3. All buffers shall be measured horizontally from the wetland edge or ordinary high water mark where appropriate.

4. A standard buffer may be reduced if a report from a city-approved, qualified wetlands specialist determines the following:

a. The adjacent land is extensively vegetated and has less than 15 percent slopes and that

no direct or indirect short-term or long-term adverse impacts to wetlands or streams will result from the activity; or

b. The adjacent land is on a high bank above the wetland and it can be clearly determined that no adverse impact will result from the activity.

5. Single-family homes may be located within a required buffer.

B. Minimum Requirements.

1. Category one wetlands shall have a minimum 75-foot buffer; however, the buffer requirement may be increased and/or averaged where it is demonstrated by a city-approved wetland consultant that certain portions of the wetland are more sensitive to disturbance than others.

2. No activity shall be permitted within a category one wetland or buffer except those specified in BMC 17.83.120 or subsection (A)(2) of this section.

3. When an activity is permitted in a category one wetland, whether it be a use by right as identified in BMC 17.83.120 or permitted as a result of a variance as identified in BMC 17.83.260 and 17.83.270. The city shall consider the following order of preference in permitting the activity:

a. Avoiding the adverse impact altogether by not taking a certain action or parts of an action;

b. Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce adverse impacts;

c. Rectifying the adverse impact by repairing, rehabilitating or restoring the affected environment;

d. Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action;

e. Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments;

f. Monitoring the adverse impact and the compensation project and taking appropriate corrective measures.

4. Category two wetlands shall have a minimum 50-foot buffer. However, the buffer requirement may be increased and/or averaged where it is demonstrated by a city-approved wetland consultant that certain portions of the wetland are more sensitive to disturbance than others.

5. No activity shall be permitted within a category two wetland or buffer except those described in category one above, and those projects which provide substantial public benefit and are in the public interest as defined below. Projects shall require full mitigation for losses of wetland functions and values. The determination as to the public interest test shall be made by the city council. All other activities are prohibited.

6. The director shall use the following criteria in determining if the activity is in the public interest:

a. The extent of the public need for the proposed activity;

b. The long-term benefit to the community as a whole for the proposed project;

c. The quality of the wetland that may be affected and amount of wetland to be disturbed;

d. The economic value of the proposed regulated activity to the city;

e. The functions and values of the wetland and probable impact on public health and safety, fish, plants and wildlife;

f. The activity will result in minimum feasible alteration or impairment to the wetland’s functional characteristics and its existing contour, vegetation, fish and wildlife resources, and hydrological conditions;

g. The activity will not cause significant degradation of ground water or surface water quality;

h. The activity will provide for appropriate mitigation in accordance with a plan submitted by a city-approved wetlands specialist.

7. Category three wetlands shall have a 25-foot setback for impervious structures. No other specific buffer is required.

8. Regulated activities are permitted provided the applicant replaces the function of the wetland through such measures as storm water retention and water quality treatment. If there is not a 5,000-square-foot upland development site with at least one driveway access and other requirements are met, the director shall authorize the permit. The application shall meet the following requirements:

a. The applicant has considered avoiding all or part of the wetland in the design of the project including consideration of administrative zoning variances to increase heights or reduce setbacks;

b. The activity will result in minimum feasible alteration or impairment to the wetland’s functional characteristics and its existing contour, vegetation, fish and wildlife resources, and hydrological conditions;

c. The activity will not cause significant degradation of ground water or surface water quality;

d. Appropriate function replacement shall be made on the basis of an analysis provided by the applicant from a city-approved wetlands expert.

9. The decision of the director is appealable to the hearing examiner pursuant to BMC 17.06.180.

10. Streams, except for those which are regulated by the shoreline master program, shall have a minimum 25-foot buffer. However, the buff