FAQs

Bellingham Municipal Code Chapter 20.08, Definitions, defines Family as "...one or more persons related by blood, marriage, or adoption, or not more than three unrelated persons, living together within a single dwelling unit. For purposes of this definition, children with familial status within the meaning of 42 U.S.C. 3602(k) and individuals with disabilities within the meaning of 42 U.S.C. 3602(h) will not be counted as unrelated persons. “Adult family homes,” as defined by RCW 70.128.010, are included within the definition of “family.” Facilities housing individuals who are incarcerated as the result of a conviction or other court order shall not be included within this definition."

Many community members and affordable housing advocates have raised concerns that the current Family definition in the zoning code no longer reflects both national/local demographics and the changing nature of living situations that are needed to meet housing costs. In response, the City Council has requested changes to the Family definition, primarily the "rule of three," or limit on the number of unrelated people who may live together. The current definition is not only difficult to enforce, but it has also come under greater scrutiny lately due to the housing crisis and need to provide options for diverse families and living situations.

Alternatives to the "rule of three" that were discussed with the City Council generally fall into one of the following categories. All of these approaches are important, but it may not be possible to craft amendments that simultaneously address all three.

1) Character – This approach would focus on avoiding the creation of new housing that is inconsistent with pre-existing development patterns. Residential building design standards, such as those related to massing and scale, could potentially address this issue.

2) Privacy – This approach would focus on protecting the privacy of those who choose to live together as a “functional" family. Allowing households of more than three unrelated to be established outright addresses this issue. This strategy respects the privacy of occupants, as it wouldn't include registration or a permit.

3) Density – This approach would focus on identifying a “maximum capacity” for housing. A minimum square foot per person and/or maximum number of people per room in individual dwelling units would place limits on the total number of occupants allowed in a single dwelling unit. Cooperative housing and intentional communities, which would include a permitting process, would also include occupancy limits. 

Starting in the mid-1960s, cities sought to control housing impacts, primarily in single-family zones, through zoning ordinances that limit the number of unrelated people living together. These limitations are typically included as part of a Family definition in zoning ordinances, and are based on formal, rather than functional, families. “Formal” family ordinances restrict residency to those related by blood, marriage or adoption. “Functional” family ordinances extend beyond people related by blood, marriage or adoption to those who have formed intimate interpersonal connections that echo the archetypal nuclear family. Bellingham’s Family definition doesn't restrict those related by blood, marriage or adoption, but it does include a limit of no more than three unrelated in a single dwelling unit.