Chapter 20.24 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT

It is the purpose of this zone district to provide an orderly transition from rural to urban development by limiting densities and uses until services are available and then to provide for mixed uses in a manner that encourages a range of densities and dwelling unit types and pedestrian access to convenience shopping and jobs while maintaining an overall single-family character and property values for the neighborhoods created within this district. This district is intended to implement the Comprehensive Plan policies for portions of the Bellingham Urban Growth Area and other areas of the county suitable for mixed use development. In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines shall apply. The district is intended to provide for affordable housing types such as apartments, townhouses, and condominiums. Residential development should be located within walking distance of transit stations, designated commercial centers, parks and recreational areas and other employment centers where appropriate. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 98-083 Exh. A § 66, 1998; Ord. 97-046 § 2, 1997).

20.24.012 Density transfer.

This district serves as a zoning overlay for the purpose of designating a receiving area for transfer of development rights credits pursuant to Chapter 20.89 WCC. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.015 Applicability.

(1) In short-term planning areas, this chapter shall be fully applicable.

(2) Outside short-term planning areas, outside urban growth areas, and outside small towns and crossroads commercial areas designated on the Comprehensive Plan map, this section shall be limited as noted below. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 98-083 Exh. A § 66, 1998; Ord. 97-046 § 2, 1997).

20.24.050 Permitted uses.

Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses, Administrative Approval Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.

.051 One single‑family dwelling per lot.

.052 In short-term planning areas only, single‑family attached dwellings; provided, that public sewer, water and, where identified by the appropriate Comprehensive Plan policies, stormwater collection and detention 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. However, additional multifamily development shall not be allowed within the UR-MX zones identified on Map 3 of the Urban Fringe Subarea Comprehensive Plan.

.053 Public parks and recreation facilities included in an adopted city or county Comprehensive Plan or Park Plan.

.054 Private, noncommercial boat docks when located on a manmade canal designed for boat traffic pursuant to the Whatcom County Shoreline Management Program.

.055 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting.

.057 Family day care homes subject to the requirements of WCC 20.97.180 for home occupations.

.058 Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.

.088 Adult family homes as defined in Chapter 70.128 RCW.

.089 Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.090 Mental health facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.091 Substance abuse facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 98-083 Exh. A § 66, 1998; Ord. 97-046 § 2, 1997).

20.24.100 Accessory uses.

.101 Home occupations pursuant to WCC 20.97.180.

.102 Private noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program.

.103 Other accessory uses incidental to the primary permitted uses.

.104 Temporary dwelling units which have full living accommodations including sleeping, self‑contained cooking, bathing, and toilet facilities where the plumbing is connected to permanent site sewage and water systems, including those travel trailers and recreational vehicles that meet the above description, for use by owners during the period of construction of a permanent dwelling while building permit is valid, not to exceed two years. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.130 Administrative approval uses.

The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235.

.131 A temporary second dwelling unit of no more than 1,248 square feet in floor area, in the form of a manufactured home, a fully serviced travel trailer or motor home, to provide:

(1) A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require supervision and care where such care is provided by members of the family who reside on the property; or

(2) A temporary dwelling space for a person providing care for the resident owner of the subject property when said owner needs supervision and care as described in (1) above.

Approval Requirements:

Administrative approval for temporary second dwelling units shall be approved if it is determined that the proposal meets the following requirements:

(1) Temporary second dwelling units shall only be permitted on fully serviced parcels on which the applicant can meet setback, ingress, egress, height restrictions, and lot coverage requirements.

(2) The size of the temporary dwelling shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in (1) above.

(3) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system approved by the Whatcom County health department.

(4) When care is no longer necessary, the temporary home shall be removed within 60 days.

(5) The permit shall be valid for one year. The permit may be extended on a yearly basis; provided, that an affidavit is furnished by the permittee affirming that the circumstances allowing the original permit remain in effect.

(6) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place.

(7) The use will not be hazardous or disturbing to existing or future neighboring uses.

(8) Evidence of adequate off-street parking space shall be provided.

(9) There shall be no occupancy of the temporary dwelling outside the conditions under which the temporary dwelling is permitted pursuant to this section.

(10) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with current Washington Administrative Code (WAC).

Penalties: False statements on supporting documentation submitted with the application or failure to comply with any of the approval requirements may be cause for revocation of the permit and prosecution.

.132 Duplex and multifamily dwellings subject to the following limitations and the developer has conducted at least one neighborhood meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal. Where being developed in an existing neighborhood characterized by residential development at densities of one dwelling per acre or greater, the uses listed in WCC 20.24.132 shall be administered as conditional uses rather than administrative approval uses; and are subject to the same criteria, requirements, bonuses and restrictions as if they were administrative approval uses:

(1) Duplex and multifamily dwelling units do not comprise more than 25 percent of the total dwelling units allowed for the entire site.

(2) Duplex and multifamily dwelling units are constructed at the same time as, or after, at least 50 percent of the single-family units in an approved development.

(3) Additional multifamily development shall not be allowed within the UR-MX Zones identified on Map 3, Bennett Drive Residential Area of the Urban Fringe Subarea Comprehensive Plan.

(4) Multifamily dwellings are prohibited in Area 1 and Area 4 on Map 3, Bennett Drive Residential Area, Urban Fringe Subarea Land Use Plan.

.133 Accessory apartments or detached accessory dwelling units to single-family dwellings; provided, that all of the following approval requirements are met:

(1) In addition to an existing or permitted dwelling, there shall be no more than one accessory apartment or detached accessory dwelling unit per lot;

(2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that lot;

(3) Proof that adequate provisions have been made for potable water, wastewater disposal, and stormwater runoff for the additional dwelling unit must be obtained prior to application for a building permit;

(4) There shall be only one front entrance to the house visible from the front yard and street for accessory apartments and only one additional entrance visible from the front yard for detached accessory dwelling units;

(5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing residence;

(6) In no case shall an accessory apartment or detached dwelling unit be larger than 1,248 square feet in floor area;

(7) Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners. Accessory apartments and detached accessory dwelling units shall be prohibited on:

(a) All lots in long plats which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process;

(b) All lots within short plats which received approval after January 25, 1994, unless those lots have been specifically marked for such use through the short plat process;

(8) A common driveway serving both the existing unit and any accessory unit shall be used to the greatest extent possible;

(9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance, stating:

(a) Detached accessory dwelling units and associated land cannot be sold separately from the original dwelling, except in the event the zoning permits such a land division; and

(b) One of the dwellings must be the primary domicile of the owner;

(10) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed within the Lake Whatcom watershed, only under the following circumstances:

(a) Development of the parcel with the primary residence and accessory apartment or detached accessory dwelling shall conform to the density of the zoning district in which it is located. Adjacent properties in the same ownership may be bound by covenant to comply with the underlying zoning density; and

(b) All of the above approval requirements shall be met for so long as the accessory unit remains;

(11) Detached accessory dwelling units shall be located so as to minimize visual impact to the public right-of-way and to adjacent properties. Location in immediate proximity to the primary residence is preferred. Location closer to property lines than to the primary residence may be considered by the administrator when such location serves the goal of reducing overall visual impact to public right-of-way and adjacent properties, and such location still meets the setback requirements as stated in Chapter 20.80 WCC. To minimize environmental and visual impact the applicant may be required to provide fencing and/or planting to screen the unit from public right-of-way and adjacent properties;

(12) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with Washington Administrative Code (WAC).

.134 Mini-day care centers in a family dwelling. (Ord. 2006-061 § 1 (Att. A)(7), 2006; Ord. 2005-079 § 1, 2005; Ord. 2004-021 § 1, 2004; Ord. 2001-024 § 1, 2001; Ord. 2001-023 § 1, 2001; Ord. 99-068, 1999; Ord. 98-018 § 1, 1998; Ord. 97-046 § 2, 1997).

20.24.150 Conditional uses.

.151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses outside of centers, excluding correction facilities other than those listed in WCC 20.24.184.

.152 Public schools; and parochial or private schools, provided such schools shall be approved by the State Superintendent of Public Instruction.

.153 Churches, educational and religious training institutions, summer camps, and cemeteries.

.154 Retirement and convalescent homes; social and health rehabilitation centers; day care centers; mini-day care centers and adult care centers not in a family dwelling; and other health-related services consistent with the purpose of the district.

.155 Mobile home parks.

.156 Deleted by Ord. 2001-023.

.159 Bed and breakfast lodgings.

.160 Private, noncommercial boat docks, launches, ramps, floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program for owners of legal lots of record abutting the shoreline. The conditional use permit shall be approved if the hearing examiner finds that the proposal will not be hazardous or disturbing to neighbors and all applicable zoning requirements are satisfied. The criteria of WCC 20.84.220 shall not apply.

.161 The following uses may be approved within a neighborhood center where the locational criteria (WCC 20.24.161(2)) and site criteria (WCC 20.24.161(3)) are met; the floor area per nonresidential use does not exceed 2,500 square feet; and the developer has conducted at least one neighborhood meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal.

(1) Uses.

(a) Commercial uses with a neighborhood or specialty nature including, but not limited to, barber and beauty shops, bakeries, drugstores; provided, that food markets may have no more than two gasoline pump islands, hardware stores, restaurants and coffee shops without drive‑up service, stationery stores, laundromats, video rental, bookstores, frame shops and other small convenience retail, rental, or repair shops.

(b) Professional offices.

(d) Residential units located on the upper floor(s) of buildings containing the uses listed above. Such units will be counted toward minimum densities and maximum percentage of multifamily units, but shall not be counted toward maximum densities.

(2) Locational Criteria. Uses must be clustered in a single center which is no larger than two acres, excluding areas used for duplex and multifamily dwellings, and:

(a) Fronts on an arterial or collector street; or

(b) Is located adjacent to a public square or neighborhood park; and

(d) Neighborhood centers shall not be developed in areas characterized by residential development at less than one dwelling unit per acre except as part of a mixed residential development.*

(3) Site Criteria.

(a) Parking shall be located at the rear of the buildings with access from alleys or side streets. On-street parking may be counted toward the parking requirements in Chapter 20.80 WCC.

(b) Buildings are located adjacent to the right-of-way or sidewalk, or as close as allowed in WCC 20.80.200, Setback requirements.

(d) Centers should be visible and accessible to pedestrians from the streets and clearly defined through lighting, landscape, landmarks, and/or open space.

(e) In the Urban Fringe Subarea, specific wetland systems and sensitive environmental areas shall be preserved and incorporated into the development site design plan consistent with Bellingham city ordinances.*

(f) Sidewalks are a minimum of eight feet wide.

(g) Street trees are located on the curb side of the sidewalk in accordance with city of Bellingham street tree standards.

(h) Individual businesses or establishments must be joined by common walls unless the applicant can demonstrate to the satisfaction of the administrator that unique site circumstances dictate some other form.

(i) Storage areas shall be located entirely within the structure and outside trash receptacles shall be enclosed and screened from public view.

(j) 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.

(k) In accordance with WCC 20.80.465, Urban Residential-Mixed (UR-MX) District sign regulations, not more than two identification signs, with a maximum of 32 square feet total area for each storefront shall be permitted; provided, that said sign(s) shall not project above any part of the roof line. Signs may extend 24 inches from the wall or to the edge of a permanent canopy or awning of the building to which it is attached. At least one of the signs for an individual business must be readable to pedestrians on the adjacent sidewalk. Said sign(s) shall be harmonious and compatible in appearance with the character of the surrounding area. Signs may only be illuminated by an indirect external source.*

(l) Use of shared parking areas is encouraged. The minimum parking requirement shall be 50 percent of the parking requirements in WCC 20.80.580, but shall in no case exceed two‑thirds of the requirements in WCC 20.80.580.

* Code reviser’s note: Sketches will be available in a future supplement.

.162 Activity centers.

.163 Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan.

.164 Public campgrounds.

.165 Trailheads with parking areas for more than 30 vehicles.

.166 Athletic fields.

.183 State education facilities.

.184 Transitional correction facilities for juveniles and adults with 10 or less residents. These facilities include “juvenile rehabilitation administration” (JRA) facilities run by the state and residential adult work release facilities.

.185 Type I solid waste handling facilities.

.186 Type II solid waste handling facilities.

.189 Boarding homes that are larger than other residential structures permitted in the zoning district.

.190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.

.192 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC. (Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-068, 1999; Ord. 97-046 § 2, 1997).

20.24.200 Prohibited uses.

.201 All other uses.

.202 Adult businesses.

.203 Mental health facilities that provide crisis care.

.204 Substance abuse facilities that provide crisis care.

.205 Outpatient mental health facilities.

.206 Outpatient substance abuse treatment facilities, including opiate substitution treatment clinics.

.210 Secure community transition facilities for sex offenders. (Ord. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-070 § 2, 1999; Ord. 97-046 § 2, 1997).

20.24.250 Maximum/minimum density, minimum lot size.

(Ord. 2004-021 § 1, 2004).

20.24.251 Minimum lot size.

For the purpose of creating new building lots within the Urban Residential Mixed District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to whether or not public sewer, water, and, where identified by the appropriate Comprehensive Plan policies, stormwater collection and detention facilities serve the project site. Where public sewer and water are not provided, the minimum lot size shall be five acres. If public sewer and water, and, where specified by the Comprehensive Plan, stormwater drainage facilities are provided, the minimum lot size shall be as presented in WCC 20.24.252. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 98-083 Exh. A § 66, 1998; Ord. 97-046 § 2, 1997).

20.24.252 Density and minimum lot size.


Maximum Gross Density/Minimum Net Density	Minimum Lot Size
Maximum Gross Density/Minimum Net Density	Minimum Lot Size
(1) Minimum net density of six dwelling units per acre with public sewer and water and stormwater collection and detention facilities.	4,000 square feet
(2) Density of one dwelling unit per five acres without public sewer and water and stormwater collection and detention facilities.	5 acres
(3) Maximum gross density up to 10 dwelling units per acre using TDRs pursuant to the provisions of Chapter 20.89 WCC and subsection (5) of this section. Each development right transferred from the Lake Whatcom watershed may be used to develop three dwelling units in the UGA.	4,000 square feet

(4) Minimum density shall be calculated as net density, after deducting the areas restricted from development by critical areas regulations and infrastructure requirements.

(5) For densities over six dwelling units per acre, transferable development rights (TDRs) from the Lake Whatcom watershed sending area must be used, pursuant to the provisions of Chapter 20.89 WCC, Density Transfer Procedure. Each development right transferred from the Lake Whatcom watershed may be used to develop three dwelling units in the UGA. TDRs must be used to attain any density greater than six dwelling units per acre up to a maximum of 10 dwelling units per acre. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-087 § 1, 1999; Ord. 97-046 § 2, 1997).

20.24.255 Density bonuses.

Repealed by Ord. 2004-021. (Ord. 2001-023 § 1, 2001; Ord. 99-087, 1999; Ord. 98-083 Exh. A § 66, 1998; Ord. 97-046 § 2, 1997).

20.24.300 Lot clustering and reserve tract.

Repealed by Ord. 2004-021. (Ord. 2004-021 § 1, 2004).

20.24.305 Lot clustering.

Repealed by Ord. 2004-021. (Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.310 Design standards.

Repealed by Ord. 2004-021. (Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.320 Reserve tract.

Repealed by Ord. 2004-021. (Ord. 2001-023 § 1, 2001; Ord. 98-083 Exh. A § 23, 1998; Ord. 97-046 § 2, 1997).

20.24.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback requirements) except as otherwise indicated in this chapter. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.400 Height regulations.

Maximum height shall be limited to 35 feet for single-family development and 45 feet for multifamily development. Height of structures shall also conform, where applicable, to the general requirements of WCC 20.80.675. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.450 Lot coverage.

No structure or combination of structures, including accessory buildings, shall occupy or cover more than 2,500 square feet or 40 percent, whichever is greater, of the total area except as otherwise permitted in this chapter. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.650 Development criteria.

(Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001).

20.24.651 Plat language for proposed subdivisions.

When a proposed subdivision, binding site plan, short subdivision or exempt land division will be located adjacent to or across a right-of-way from an existing Forestry District, the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of such adjacent properties, or from Whatcom County, arising out of any reasonable and lawful activity on said forestry lands which occurs in the normal course of their established use. The agreement shall appear as a covenant or deed restriction upon the plat, tract or instrument of conveyance and shall run with the land. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-058, 1999; Ord. 97-046 § 2, 1997).

20.24.652 Use of natural resources.

All discretionary project permits for land on or within one-half mile of the area designated as Agriculture, Rural, Commercial Forestry or Rural Forestry or within 300 feet of an area designated as Mineral Resource Lands in the Whatcom County Comprehensive Plan, or upon which farm operations are being conducted, shall be subject to the right to farm, right to practice forestry and mineral land disclosure policies contained in WCC Title 14, Use of Natural Resources. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 98-083 Exh. A § 24, 1998; Ord. 97-046 § 2, 1997).

20.24.653 Bellingham Urban Growth Area.

In the Bellingham Urban Growth Area, the city of Bellingham’s design and development standards and guidelines and impact fees shall apply. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.654 Parking requirements.

Parking shall conform to the requirements of WCC 20.80.500 except as otherwise provided for in this chapter. However, recreation vehicles, and boat parking and storage shall be limited to side and rear yard areas. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.655 Livestock regulations.

The keeping of livestock shall be administered pursuant to WCC 20.80.800 (Supplementary Requirements). (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 97-046 § 2, 1997).

20.24.700 Transfer of residential development rights.

.710 Areas designated in the Comprehensive Plan and assigned a UR‑MX zone district, with the exception of the Bennett Drive Residential Area designated on Map 3 of the Urban Fringe Subarea Plan, are considered receiving areas for transfer of development rights from any sending area or base zone which has been established as linked to these areas. (Ord. 2004-021 § 1, 2004; Ord. 2001-023 § 1, 2001; Ord. 98-083 Exh. A § 66, 1998; Ord. 97-046 § 2, 1997).