Twilight Zoning in Bellingham: Development Code Being Updated

Wednesday, August 29, 2007

Development Code Being Updated - Noodle to Be Pushed Uphill

I will guess that you were not aware that an update of the development code has begun as of June this year. The Bellingham Business Journal in its July edition reported that “the planning department began work in June on a major update of the city’s development code, which hasn’t been overhauled since it was written and adopted in 1982.” The article further stated “The process will take about two to three years to complete, and several full-time planning staff will be assigned to the project. The process will eventually involve public input and final approval by the city council before it is adopted.”

The code portion is essentially Title 20 Land Use Development which you can find by clicking here. In the first phase they will be looking at the “building blocks of definitions.” This means they will be looking at the definitions among which is that for single family. Developer Troy Muljat opined “I’m skeptical because curve balls get thrown in left and right to the city process.” According to the article, he also said that he is wary of politics getting into the process. That is a sure bet if I ever saw one.

Muljat was further quoted as saying “All developers want, and all the city staff want, is to know what the rules of the game are, and today a lot of people don’t really know what’s going on,” Well golly, read the posts to this blog! He said. “You get a lot of butting heads, but at the end of the day, they really don’t want to.” You bet. You have an entire zoning code that depends upon a definition which the city refuses to recognize. That is a very large problem.

Unfortunately, the council and the city government may use this “update” as an excuse to hold off enforcing the single family portion of the code, thus leaving homeowners with the constant threat of finding a rooming house next door or not being able to get rid of those already established. Don’t let this udpate be an excuse to delay action on code enforcement. Write to your council member or the candidates for mayor and council today. You would not expect that all development will cease while the rules are being updated. Similarly, you should not accept that single family zoning codes remain unenforced while the city is pushing the noodle up the hill.

Here are their emails:

For Mayor

Dan McShane - team@danmcshane.com
Dan Pike - dan@pikeformayor.com

For At-Large Council

Louise Bjornson - Dale-Louise@msn.com
Michael Lilliquist - Michael@LilliquistforCityCouncil.org

For Ward 5
Terry Bornemann - terryb903@comcast.net
Bill Geyer - billgeyer@comcast.net

For Ward 4
Damon Gray - djgray@damonjgray.org
Stan Snapp - stansnapp@Yahoo.com

For Ward 3
Larry Farr - larry@larryfarr.com
Barry Buchanan - barry@barryforbellingham.com

For Ward 1

Jack Weiss - jack@jackweissforcouncil.com

The Present Council - citycouncil@cob.org

The Mayor - mayorsoffice@cob.org

The Planning Director - tstewart@cob.org

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The Rationale for Rental Licensing

There is the definitive experience of cities that have already adopted rental licensing and inspections in the face of exactly the same opposition as we saw in Bellingham over the last decade. Ultimately, each of these cities was proven correct in its resolve to move ahead to protect the safety and health of the renters. We already know that the city of Pasco, WA found that 15% of the units inspected under their program had serious life/safety issues. 10% had mold problems. A full 85% had problems of varying degrees. The city of Gresham, OR performed over 1600 inspections in 2009 and issued, as a result, over 4,000 citations. Lexington, KY performed inspections of units near the University of Kentucky and found that 50% had life/safety issues. Sacramento, CA began an inspection program during which one third of the units inspected had serious safety and health issues. The question why does anyone believe that the condition of rental housing here in Bellingham does not mirror that which is found in cities that have the statistics to show that time and time again the condition of rentals in our cities is problematic? All we have had to date from those who oppose licensing are broad statements by the landlords and their paladins that are completely and utterly unsubstantiated. The Zonemaven has searched in vain for the horror stories that these opponents of licensing and inspections have predicted. On the other hand, The Zonemaven did find over 100 cities that have licensing AND inspections without the catastrophic effect for the rental markets that the landlords would have you believe. (See this blog's sidebar at bottom left for list)

One Reason Illegal Rooming Houses Do Not Work

The limit for unrelated persons at a single family home rental is three residents. Leases are signed by three people who then invite additional renters to join them to lower per capita rental rates. The perverse effect is that rental rates tend to rise under these circumstances making it difficult for single families to rent single family homes. Some local rental agencies facilitate this practice.

"To say that a family is so equivalent to a ragtag collection of college roommates as to require identical treatment in zoning decisions defies the reality of the place of the family in American society, despite any changes that institution has undergone in recent years. Only the most cynical among us would say that the American family has devolved to the point of no greater importance or consideration in governmental decision making than a group of college roommates." (Stegeman v. City of Ann Arbor)

That being said, accommodation ought to be made for protected classes, especially non-traditional unions and group houses for the disabled. These classes are laid out in federal and Washington State law.