Chapter 12.64 DOWNTOWN/NE 190TH STREET/RIVERFRONT SUBAREA REGULATIONS

Chapter 12.64
DOWNTOWN/NE 190TH STREET/RIVERFRONT SUBAREA REGULATIONS

Sections:

12.64.015 Building height – R-AC, OP, CB zoning north of NE 180th Street west of 101st Avenue NE and north of SR-522 east of 101st Avenue NE.

12.64.020 Central Business special district (CBSD) – Purpose and boundary.

12.64.030 CBSD – Nonconforming status and compliance.

12.64.040 CBSD – Traffic, circulation and parking.

12.64.050 CBSD – Architectural standards.

12.64.060 CBSD – Landscaping.

12.64.070 Riverfront special district – Purposes.

12.64.080 Riverfront special district – Development standards.

12.64.090 Riverfront special district – Development incentives.

12.64.100 Lazy Wheels mobile home park overlay – R 2,800 zoning.

12.64.110 Riverside and Rivershores mobile home park overlay – R 4,000 zoning.

12.64.120 Specialized Senior Housing Overlay in the vicinity of the Northshore Senior Services Center – R 9,600, SSHO zoning.

12.64.130 Special uses R 5,400d, SSHO zoning south of East Riverside Drive and east and west of Eason Avenue.

12.64.140 Adult entertainment facilities – GC zoning.

12.64.150 Motor Vehicle Sales Overlay.

12.64.160 Protection of groundwater resources.

12.64.010 Purpose.

Subarea zoning regulations implement subarea-specific policies in the Imagine Bothell... Comprehensive Plan. The subarea zoning regulations in this chapter apply specifically to land within the Downtown/NE 190th Street/Riverfront Subarea. Subarea zoning regulations are in addition to city-wide zoning regulations or, where more restrictive, take the place of city-wide zoning regulations. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1697 § 3, 1997; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.64.015 Building height – R-AC, OP, CB zoning north of NE 180th Street west of 101st Avenue NE and north of SR-522 east of 101st Avenue NE.

Within the above-described area, which includes the Central Business special district (CBSD) and other R-AC, OP, CB zoned properties to the east and west of the CBSD, building height shall be regulated as follows:

A. Maximum building height shall be 35 feet, but may be increased to 65 feet if both of the following conditions are met:

1. At least 40 percent of the gross floor area of the average story within the building (building gross floor area divided by number of stories) is devoted to parking either within or under the building or within a separate parking structure;

2. At least 10 percent of the gross floor area of the average story within the building (total building gross floor area divided by number of stories) is devoted to externally oriented at-grade space for retail uses, eating and drinking establishments, recreation, culture and entertainment uses, personal services; and/or other similar businesses which are characterized by regular and frequent patronage during the course of the normal business day. “Externally oriented” for the purpose of this regulation shall mean having a door opening directly to the outside. This requirement may be reduced or waived by the community development director for individual buildings within multiple-building developments if it can be demonstrated to the satisfaction of the director that the total amount of the above-described space within the development would comprise at least as much space as the combined total of the minimum required amounts of such space for all of the individual buildings in the development.

B. Due to their unique design requirements, performing arts facilities may extend above 65 feet; provided, that the footprint of the portion of the facility over 65 feet comprises no more than 10 percent of the total roof area, and that said portion of the facility is set back from the outermost walls of the building or is otherwise designed to minimize its visual impact.

C. When buildings exceed 35 feet, in accordance with subsections A and B of this section, the mandatory setbacks from, and mandatory landscaping buffers adjacent to, any abutting R zoning (not including combination zones) shall be increased as follows:

1. The mandatory setbacks from any abutting R zoning, as set forth in BMC 12.14.070(D), shall be increased three feet horizontally for each foot of building height exceeding 35 feet. These increased setbacks shall apply to the entire building, rather than only to those portions of the building which may be higher than 35 feet. Where the property zoned R-AC, OP, CB abuts R zoning along a street, the increased setbacks shall be measured from the street property line of the property zoned R-AC, OP, CB.

2. The mandatory landscaping buffers adjacent to any abutting R zoning, as set forth in BMC 12.18.110, shall be increased 0.25 feet (three inches) for each foot of building height exceeding 35 feet, up to a maximum of 10 feet of additional landscaping. In such cases, the entire buffer shall consist of Type I landscaping.

D. Additional Height Regulations Applicable to the Main Street Action Area. In order to preserve the historic scale of the Main Street action area, as defined in BMC 12.64.020(C), the first and second stories of any building fronting on Main Street, 101st Avenue NE or 102nd Avenue NE within this area may be placed at the street lot line, but the third and higher stories shall be set back a minimum of 20 feet from the street lot line.

E. Building height shall be measured as set forth in BMC 12.14.110 through 12.14.130. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002).

12.64.020 Central Business special district (CBSD) – Purpose and boundary.

A. Purpose. The special district is intended to encourage and facilitate a healthy and rejuvenated downtown area; define a positive, quality retail environment sensitive to history, heritage and the entire Bothell community; exploit local historic values, lifestyle and the area’s proximity to the Sammamish River and the park at Bothell Landing; create a less urban, more pedestrian-oriented environment; place an emphasis on marketing and business promotion and ensure that potential adverse effects upon adjacent properties are mitigated. The regulations set forth in this chapter shall be interpreted in such a manner as to be consistent with and to promote this purpose. Regardless of which underlying zoning classification has been or may in the future be assigned to the property, the requirements of this chapter shall be met.

Preservation and restoration of the existing buildings to their original state shall be encouraged, and new structures shall reflect the character of the area with unity of architecture, street and store signs, colors, building materials, light standards, landscaping, and street furniture while avoiding uniformity. Furthermore, activities which encourage the participation of the public, such as art shows and performances, shall be encouraged.

B. Boundary. The map titled Central Business special district shows the boundary of the CBSD and the Main Street action area.

1. Main Street is described as extending from the intersection of SR-522/SR-527 on the west to the intersection of 104th Ave. NE/Kaysner Way on the east.

2. The CBSD is described as follows: the area bounded by Bothell Way NE (SR-527) on the west; 104th Ave. NE on the east; NE 185th St. on the north; and Woodinville Dr. (SR-522) on the south and including Bothell Landing as a part of the CBSD which is bounded by SR-522 on the north, the west property line of Bothell Landing on the west, and NE 180th St. on the south and east.

C. Main Street Action Area. Main Street action area is described as extending from the intersection of SR-522/SR-527 on the west to the intersection of 104th Ave. NE Kaysner Way on the east and includes the cross streets of 101st Ave. NE and 102nd Ave. NE from SR-522 (Woodinville Drive) on the south to NE 183rd St. on the north. Festival Street is the area on 101st Ave. NE from Main St. to 183rd Ave. NE. This area will be the focus of special activities planned in the CBSD for art shows, performances, etc. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1697 § 3, 1997; Ord. 1685, 1997; Ord. 1629 § 1, 1996; Ord. 1231 § 1, 1986).

12.64.030 CBSD – Nonconforming status and compliance.

Existing uses are exempt from these requirements until there is a change of use. All development within the CBSD shall comply with the provisions of this chapter which are supplementary to all building and land use regulations set forth in other parts of the BMC. Except as otherwise provided herein, to the extent the provisions of this chapter are inconsistent with other provisions of the BMC, the provisions of this chapter shall control. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.64.040 CBSD – Traffic, circulation and parking.

The emphasis in the CBSD shall be on pedestrian and bicycle orientation. In order to promote this goal the CBSD shall be integrated with the Bothell Landing retail area and the park at Bothell Landing.

A. Existing structures in the Central Business special district built prior to 1982 shall be exempted from all parking requirements; provided, that no action may occur which results in a reduction of the number of parking stalls available on any lot as of January 1, 1982. Remodeling of existing structures which increases gross floor area will require a proportionate increase in parking in accordance with the standards set forth in Chapter 12.16 BMC.

B. In addition to the parking exemptions set forward in subsection A of this section for the CBSD, additional square footage of new or expansion of existing businesses fronting on Main Street, 101st Avenue and 102nd Avenue in the CBSD shall be exempted from the parking provisions; provided, the new or expanded businesses do not remove any existing parking spaces. All other areas shall comply with Chapter 12.16 BMC.

C. Shared parking is allowed in accordance with BMC 12.16.040.

D. Existing municipal and private parking lots shall be upgraded in accordance with Chapter 12.16 BMC to recognize current landscaping requirements, handicapped parking, compact cars and bicycle stands upon issuance of a building permit for any new building and any increase in square footage of existing buildings. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996; Ord. 1231 § 1, 1986. Formerly 12.64.050).

12.64.050 CBSD – Architectural standards.

In order to further the purposes of this chapter as set forth in BMC 12.64.010, protect the property values, minimize discordant and unsightly surroundings and visual blight, avoid inappropriate and poor quality design, generally enhance the compatibility and prosperity of the surrounding community by preserving its natural beauty and to promote the aesthetic quality for the community as a whole, the following standards shall be complied with:

A. The Urban Land Institute Study (1984) recognized that the beautification of the gateways to the CBSD is crucial to implement the goals and objectives of the city to revitalize the CBSD. The gateways include the area at SR-522/527 and Main Street and at 104th NE, Kaysner Way and Beardslee Boulevard. To implement these goals and project a positive image of the CBSD and the city, additional standards in the area of architectural design, landscaping and signage may be imposed for development in or near the gateways;

B. Wherever practical the existing buildings shall be restored to their original facades;

C. Wherever practical the original structures shall be retained while allowing adaptation for new uses;

D. Any new construction shall reflect the character of the area. This does not mean that the design of new buildings must slavishly copy the architecture of the oldest buildings in the CBSD. Bothell’s history spans numerous architectural eras and styles, and no one era or style is more or less intrinsically valuable than another. New site and building design shall respect, rather than ignore, its context, incorporating proportions, window and door arrangements, cornice lines, detailing, materials, colors and other aspects of design prevalent in the area;

E. In order to preserve the continuity of storefronts and their consequent contribution to the character of the area, redevelopment within the Main Street action area shall in no case replace an existing building at the street property line with an open uncovered parking lot;

F. In order to promote compliance with the regulations in this subsection, any development proposal within the CBSD which would exceed the threshold for categorical exemptions under the State Environmental Policy Act (SEPA) shall be submitted to the Bothell landmark preservation board for review and comment in a public meeting prior to any grading or building permits being issued. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996; Ord. 1231 § 1, 1986. Formerly 12.64.070.).

12.64.060 CBSD – Landscaping.

The landscaping standards set forth in Chapter 12.18 BMC shall be met. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996; Ord. 1231 § 1, 1986. Formerly 12.64.080.).

12.64.070 Riverfront special district – Purposes.

The purposes of the Riverfront special district are as follows:

A. To provide for and encourage a diversity of uses which derive particular benefit from proximity to the Sammamish River and in turn allow maximum public enjoyment of the river by providing shopping, recreation and housing opportunities;

B. To assure that development enhances its setting by establishing regulations to preserve views to and from the river and encourage distinctive building design and use of materials and colors in harmony with the natural features and history of the river valley;

C. To allow certain uses oriented toward and dependent upon exposure to SR-522 by conditional use permit, in order to assure adherence to the intent of this zone and compatibility with adjacent developments;

D. To create a visually unified and attractive west entrance to the city through coordinated landscaping and access control;

E. To provide for coordinated vehicular circulation among properties in order to disperse traffic and thereby mitigate congestion, pollution and other impacts of traffic generated by developments within the zone;

F. To provide for coordinated bicycle and pedestrian circulation separated from motor vehicle traffic along the Sammamish River and among properties to assure safe access among buildings and properties and to mitigate the demand for recreational facilities generated by the anticipated increased population in the zone. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996; Ord. 1307 § 2, 1988. Formerly 12.64.090.).

12.64.080 Riverfront special district – Development standards.

A. Vehicle and Pedestrian Access Coordination. To minimize traffic congestion on public streets, to assure public access to the Sammamish River shoreline, and to contribute to the unified overall development of the zone, the following access coordination measures are required:

1. Driveways from public streets to private property shall be spaced a minimum of 300 feet apart, except that where a property or combined properties have less than 300 feet of street frontage, driveways shall be located at opposite ends of the available street frontage where the side property lines intersect the right-of-way, so that each drive may serve the adjacent properties. Where these regulations do not clearly establish driveway location, or where topography or other site limitations otherwise make application of these regulations impractical, the city traffic engineer shall determine driveway location consistent with the purpose of this zone.

2. Internal vehicle access shall be provided from property to property within the zone in such a manner as to allow a smooth flow of traffic across consecutive adjoining properties. Said internal access may comprise the aisle between rows of parking stalls.

3. Public access to and along the shoreline shall be provided in accordance with the shoreline master program.

B. View Corridors. To preserve and enhance views to and from the Sammamish River and its shorelines, a minimum of one-fourth of the property width shall be maintained free of structures for the entire depth of the property from the street toward the river. This view corridor may be divided into two corridors to facilitate development of the property. For the purposes of this section, “property width” shall mean the dimension across the widest part of the property, or in the case of triangular lots, the dimension across a point midway between the front and rear property lines, as measured parallel or as near thereto as practical to the course of that portion of the Sammamish River nearest the property. Where these regulations do not clearly define the property width, the community development director shall determine width of the property for purposes of establishing a view corridor or corridors.

C. Building Height. The maximum height of any structure shall be 35 feet, unless otherwise approved under the provisions of BMC 12.64.090.

D. Impervious Surface Coverage. Unless otherwise approved under the provisions of BMC 12.64.090, impervious surface coverage, as defined in BMC 12.14.140, shall not exceed the following limits:

1. Properties with frontage on the Sammamish River – 60 percent;

2. Properties without river frontage – 70 percent. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.64.100).

12.64.090 Riverfront special district – Development incentives.

Modifications to certain development standards may be allowed if the proposed development includes specified features which especially promote the purposes of this zone or otherwise benefit the public interest. These features, and the corresponding modifications which may be granted in conjunction with development review, are as follows:

A. A combination of two or more uses including residential, office, retail and/or service uses within one development, providing each use comprises a minimum of 10 percent of the total floor area in the development: two percent increase in impervious surface, four percent increase in number of dwelling units;

B. A combination of two or more tax lots in existence as of (date of ordinance) within one development: two percent increase in impervious surface, four percent increase in number of dwelling units;

C. Provision of recreational facilities for use by the general public at no charge, not including any public trails required under the shoreline master program: two percent increase in impervious surface, four percent increase in number of dwelling units;

D. An increase in the total width of the view corridor or corridors to a minimum of one-third the width of the property: two percent increase in impervious surface, four percent increase in number of dwelling units;

E. Architectural and site design of particular distinction and harmony with the natural features and history of the river valley: two percent increase in impervious surface, four percent increase in number of dwelling units. In order to qualify, a proposed development shall include at least three of the following:

1. Sculpture or other permanent art works,

2. Building design evoking the early architecture of the city,

3. Use of earth tones (greens, browns, tans, dark reds),

4. Facade modulation, and

5. Decorative entries including plazas, arches or other features;

F. Providing for driveways a minimum of 450 feet apart: two percent increase in impervious surface, four percent increase in number of dwelling units;

G. Providing parking underneath a minimum of one-half of all buildings within a development: two percent increase in impervious surface, four percent increase in number of dwelling units, increase in building height to 50 feet for buildings with parking underneath;

H. A reduction in parking may be granted for those developments in which residential uses are combined with office uses. Total required parking in such developments shall be 75 percent of the sum of the required parking for the residential uses plus the required parking for the office uses; provided, that in no case shall total required parking after reduction be less than that required for the residential uses alone.

I. Where a proposed development qualifies for more than one of the above modifications, the total increase in impervious surface and/or number of dwelling units shall be determined by simple addition of percentages rather than compounding of percentages. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.64.110.).

12.64.100 Lazy Wheels mobile home park overlay – R 2,800 zoning.

Development shall be limited to the existing mobile home park (MHP) and any additional mobile or manufactured homes which may be permitted by existing approvals or by new approvals obtained under Chapter 12.08 BMC. Redevelopment to uses other than a mobile home park shall require prior review and approval of an amendment to the Imagine Bothell... Comprehensive Plan. (Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.64.120.).

12.64.110 Riverside and Rivershores mobile home park overlay – R 4,000 zoning.

Development shall be limited to the existing mobile home parks (MHP) and any additional mobile or manufactured homes which may be permitted by existing approvals or by new approvals obtained under Chapter 12.08 BMC. Redevelopment to uses other than a mobile home park shall require prior review and approval of an amendment to the Imagine Bothell... Comprehensive Plan. (Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.64.130.).

12.64.120 Specialized Senior Housing Overlay in the vicinity of the Northshore Senior Services Center – R 9,600, SSHO zoning.

In addition to uses generally allowed in the R 9,600 zone, specialized senior housing shall be allowed within the Specialized Senior Housing Overlay (SSHO) zoning classification area, generally located along the north slope of Norway Hill and approximately within one-quarter mile walking distance of the Northshore Senior Services Center as depicted on the Downtown/NE 190th Street/Riverfront Subarea zoning map. Development of specialized senior housing within the SSHO shall be in accordance with city-wide regulations, the critical areas ordinance, and these subarea regulations, which are intended to maintain the single-family character of the area and protect existing and future single-family residences from the adverse impacts of large buildings, parking areas and other aspects of development typical to specialized senior housing.

A. Development shall comply with city-wide development regulations concerning senior housing except as may be provided otherwise by these subarea regulations.

B. Design of specialized senior housing developments shall comply with the architectural elements outlined within this development regulation under subsections (G)(3)(c) and (G)(4)(d) of this section in order to incorporate those architectural features reflective of the historical buildings within and near the SSHO area and to preserve the historical identity of the neighborhood. The predominant architectural style that exists in single-family residences in the SSHO most closely resembles the Craftsman architectural style, though other styles are represented. The architectural features that reflect the Craftsman style as specified under subsections (G)(3)(c) and (G)(4)(d) of this section shall be incorporated into all SSHO building designs.

C. A visual study shall be submitted with all specialized senior housing conditional use permit applications. Proponents for specialized senior housing projects shall submit a visual study consisting of building perspectives, elevations and sketches, and a written analysis. The visual study shall depict and the written analysis shall describe how the specialized senior housing building incorporates the requirements for building facade modulation, key architectural features, additional architectural features, roofline variation, and building materials contained within this special district regulation, and the Craftsman architectural style identified under subsection B of this section, into a design which is compatible with the historic buildings in the neighborhood and the overall historical identity of the neighborhood.

The required visual study shall be utilized during the conditional use permit process to determine whether or not the applicant has complied with the requirements of these regulations for building facade modulation, key architectural features, additional architectural features, roofline variation, building materials, and the Craftsman architectural style identified under subsection B of this section.

D. In order to minimize visual impacts on surrounding existing and future single-family residences, specialized senior housing development shall conform to the existing topographic contours to the maximum extent practical.

Buildings should be stepped up the hillside to accommodate significant changes in elevation. For the purposes of this regulation, “significant change in elevation” shall mean a slope of 15 percent or greater.

Extensive grading and use of retaining walls shall be discouraged except where it can be demonstrated that such practices would result in lesser visual impacts than what would occur if development were to conform to existing contours. Where, through the conditional use process, the use of retaining walls is determined to be appropriate, exposure of such walls as viewed from surrounding existing and potential future residences shall be screened by landscaping and/or hidden by buildings.

E. There shall be no maximum density within the SSHO. The number of units attainable in a specialized senior housing development shall be dictated by the dimensional and other standards prescribed in these regulations.

F. Lot coverage shall be dictated by the standards prescribed in these subarea regulations and the critical areas ordinance. Critical areas themselves shall not be credited as part of the lot coverage allotment.

G. Except as otherwise provided for below, each specialized senior housing development within the SSHO shall incorporate a transition in intensity of development as follows (see Figure 12.64-5):

1. Site Buffering. The area from the exterior property lines which describe the perimeter boundary of the development inward a minimum distance of 24 feet except as may be provided herein shall be planted in buffer landscaping. This buffer landscaping shall be installed as follows (see Figures 12.64-6 and 12.64-7):

a. Along common property lines adjacent to existing and future single-family residential.

i. Buffer width:

(A) A minimum of 24 feet;

(B) Buildings and structures shall be set back a minimum of five feet from the buffer.

ii. Tree layout:

(A) Two rows of coniferous and deciduous trees shall be installed parallel with the property line;

(B) The trees shall be off-set to create a triangular tree spacing;

(D) The second row shall place the tree trunks 10 feet from the first row;

(E) All trees shall be spaced 15 feet on center, measured diagonally between the two rows.

iii. Tree type:

(A) The buffer trees shall consist of 85 percent coniferous and 15 percent deciduous.

(B) Coniferous trees shall be one or more of the following species:

(1) Incense Cedar (Calocedrus decurrens);

(2) Leyland Cypress (Cupressocyparis leylandii);

(3) Hogan Cedar (Thuja plicata ‘Fastigiata’);

(4) Hinoki False Cypress (Chamaecyparis obtusa ‘Gracilis’);

(5) Serbian Spruce (Picea omirika);

(6) Sitka Spruce (Picea sitchensis).

(1) Columnar Red Maple (Acer rubrum ‘Armstrong’ or ‘Bowhall’ or ‘Karpick’);

(2) Columnar Norway Maple (Acer platanoides ‘Columnare’);

(3) Frans Fontaine Hornbeam (Carpinus betula ‘Frans Fontaine’);

(4) Dawyck Beech (Fagus sylvatica ‘Fastigiata’);

(5) Columnar Sargents Cherry (Prunus sargentii ‘Columnaris’);

(6) Flowering Pear (Pyrus calleryana ‘Capital’ or ‘Chanticleer’);

(7) Columnar English Oak (Quercus robur ‘Fastigiata’).

iv. Tree sizes:

(A) Coniferous trees shall have a minimum height of eight feet at time of installation.

(B) Deciduous trees shall have a minimum caliper of two inches at time of installation.

v. Shrub and Groundcover Layout. Shrubs and groundcovers shall be installed pursuant to a Type I landscape standard as described under this code. Shrub and groundcover sizes shall be as specified under Chapter 12.18 BMC.

vi. Fencing. A sight-obscuring six-foot-tall wood fence shall be installed at the property line.

b. The buffer shall be planted to Type II standards when along a public street.

c. Along common property lines adjacent to uses more intensive than single-family residential such as the Northshore Senior Center, multifamily residential, another specialized senior housing development, and professional offices, the buffer shall have a minimum width of five feet planted to a Type III standard and the fencing requirement in subsection (G)(1)(a)(vi) of this section shall not apply, except as provided below:

i. Adjacent to the Northwest Promontory Open Space tract, no buffer landscaping shall be required;

ii. Within areas having a slope of 35 percent or greater, existing vegetation shall be retained and no additional buffer landscaping shall be required; and

iii. In all other areas in which buffer landscaping would be required, existing vegetation may suffice if it meets the purpose of the applicable planting type as set forth in BMC 12.18.040, or such vegetation may be augmented to achieve said purpose.

d. Berming may be required in addition to the required landscaping if, through the conditional use permit process, it is determined to be necessary, due to topographic differences between properties, proximity of existing residences to the proposed development, or other considerations, in order to achieve the desired screening effect provided by the Type I and/or Type II landscaping specified above.

e. The hearing body shall have the authority to establish, as a condition of the conditional use permit, a requirement for the continued care and maintenance of all plant materials installed within the buffer for the life of the specialized senior housing development. This condition may provide for mandatory replacement of any dead, dying, diseased, or missing plant materials.

2. Required Setbacks. The area from the exterior property lines which describe the perimeter boundary of the development inward a minimum distance of 29 feet shall be a building setback. Driveways which provide access directly from a public street may bisect at or near a perpendicular angle to the 29-foot setback, provided the amount of driveway within the setback is the minimum necessary to provide access to the development. In order to preserve the character and historical identity of the Eason Avenue neighborhood, access from Eason Avenue shall not be allowed.

The setback shall be a minimum of 24 feet for parking, driveways, and pedestrian paths or walks.

3. Transitional Building Zone. The area from the 29-foot setback a distance of 46 feet for portions of property abutting East and West Riverside Drive and 71 feet for all other portions of property abutting existing and future single-family residences shall be a transitional building area in which the following shall apply, in addition to city-wide policies and implementing regulations concerning multiple-family development adjacent to single-family development, or where a conflict exists, in lieu of such policies and regulations:

a. Maximum building coverage of 35 percent, calculated on the basis of the total land area not contained within a critical area between the perimeter property line and the inside boundary of the transitional building area (which boundary would be 75 feet from East and West Riverside Drive and 100 feet from all other property lines);

b. Maximum Building Height of Two Stories. For the purposes of the Specialized Senior Housing Overlay within this subarea, “story” shall be defined as that portion of a building included between the upper surface of any floor and the upper surface of any floor above, not including basements, provided no portion of such a basement is visible from any surrounding property or public right-of-way, except for access driveway openings for underground garages and associated pedestrian access. The highest story is that portion of the structure included between the highest floor surface and the ceiling or roof above. In no case shall the dimension between the first story finish floor and the top plate of the second story exceed 22 feet. The first story finish floor shall be no greater than five feet above the natural grade. Where the distance between the finish floor and the natural grade exceeds two feet, berming shall be installed against the foundation wall to create an effective two-foot dimension between the final finish grade and the first story finish floor (see Figure 12.64-9); and

c. Horizontal and vertical massing, building facade modulation, key architectural features, additional architectural features, roofline variation, and building materials shall be incorporated into all specialized senior housing buildings so as to approximate or complement the patterns and rhythms of adjacent single-family residences. Specialized senior housing buildings shall incorporate the following as an integral part of the building design:

i. Building Facade Modulation. Building modulation is a measured and proportioned inflexion or setback in a building’s face. Specialized senior housing buildings shall provide modulation of building facades as follows (see Figure 12.64-13):

(A) The maximum wall length without modulation shall be 32 feet;

(B) The modulation depth shall be no less than four feet;

ii. Specialized senior housing building facades oriented toward uses more intensive than single-family residential may substitute the city-wide modulation requirements for multiple-family residences as outlined under BMC 12.14.190 in place of the above modulation requirements.

iii. Key Architectural Features. Architectural features provide emphasis and visual interest to a building facade by creating visual patterns, scale, and proportion to building facades. At a minimum, the following architectural features shall be incorporated into each building facade except for facade modules oriented perpendicular to the main building that have a width of eight feet or less:

(A) Windows consistent with the following:

(1) Window size shall be in scale with single-family windows associated with the Craftsman style;

(2) Window configuration shall have the appearance of those installed in Craftsman style housing;

(3) Windows that appear to have multiple window panes (horizontal and vertical muntins) over a single window pane (see Figure 12.64-10);

(4) All windows shall be surrounded with trim;

(5) In situations where the large windows are desired, these windows shall be placed in a ribbon or in a line of three or more windows (see Figure 12.64-10); and

(6) Other window treatments associated with the Craftsman style as approved by the hearing body as part of the conditional use process;

(B) Gabled facades (roofs); and

iv. Additional Architectural Features. A minimum of two or more of the following architectural features shall be incorporated into the building design:

(A) Entries covered by gable roofs supported by columns that continue to the ground;

(B) Triangular knee braces;

(D) Trellises over porches or porte cochere;

(E) Columns with tapering or slanted sides;

(F) Dormers with gable roofs (see Figure 12.64-11); and

(G) Exposed roof rafters or beams.

v. Roofline Variation. Roofline variation is achieved by visually and physically changing roof direction or off-setting roof peaks or ridgelines, both vertically and horizontally. Specialized senior housing buildings shall provide roofline variation as follows (see Figures 12.65-14 and 12.64-15):

(A) The maximum roof length without variation shall be 48 feet;

(B) The minimum horizontal or vertical off-set shall be four feet;

(D) All specialized senior housing buildings within the SSHO area shall have pitched roofs with a minimum pitch of 4/12.

vi. Building Materials. In addition to the preceding architectural features, all specialized senior housing developments within the SSHO shall utilize building materials similar in appearance and texture to those associated with Craftsman style houses and adjacent single-family residences. Building materials to be visually duplicated shall include:

(A) Building facade materials:

(1) Bevel, lap, or clapboard wood siding of a narrow dimension;

(2) Cedar shingles/shakes;

(3) Stone at the foundation, column bases, chimneys, or as siding;

(4) Brick; and

(5) Other materials may be approved by the hearing body as part of the conditional use process, provided the hearing body determines that the proposed material is representative of the Craftsman style, is visually representative of adjacent single-family residences, and the materials are visually compatible with materials used in the remainder of the specialized senior housing building.

(B) Roof materials shall have a composition or wood shake/shingle appearance.

vii. Wings. Specialized senior housing buildings shall provide wings within the transition zone which project toward existing and future single-family development (see Figures 12.64-12 and 12.64-13).

(A) The wings shall have a maximum width of 58 feet and a minimum distance or length of 25 feet;

(B) All wings shall be separated from each other by an exterior courtyard or landscaped area. The courtyard or landscape area shall have a minimum dimension of 25 feet deep by 25 feet wide; and

d. Sports and Recreational Facilities. Sports courts and other communal recreation facilities shall not be located within the transition zone. Decks or balconies associated with individual units shall be prohibited within the transition zone. Patios associated with individual first floor dwelling units may be located within the transition zone, provided the patios do not intrude into the mandatory 24-foot buffer.

4. Core Building Area. The area inward of the inside boundary of the transitional building area shall be the core building area in which the following shall apply:

a. Maximum building coverage of 50 percent calculated on the basis of the total land area not contained within a critical area between the inside boundaries of the transitional building area.

b. Maximum building height of three stories. For the purposes of the Specialized Senior Housing Overlay within this subarea, “story” shall be defined as that portion of a building included between the upper surface of any floor and the upper surface of any floor above, not including basements, provided no portion of such a basement is visible from any surrounding property or public right-of-way, except for access driveway openings for underground garages and associated pedestrian access. The highest story is that portion of the structure included between the highest floor surface and the ceiling or roof above. In no case shall the dimension between the first story finish floor and the top plate of the third story exceed 33 feet. The first story finish floor shall be no greater than five feet above the natural grade. Where the distance between the finish floor and the natural grade exceeds two feet, berming shall be installed against the foundation wall to create an effective two-foot dimension between the final finish grade and the first story finish floor (see Figures 12.64-8 and 12.64-9).

c. Wings may extend from buildings located in the core building area into the transitional building area, subject to the restrictions described in subsection (G)(3)(c)(vii) of this section.

d. The provisions of subsection (G)(3)(c) of this section concerning horizontal and vertical massing, building facade modulation, key architectural features, additional architectural features, roofline variation, and building materials shall apply to all specialized senior housing buildings within the core area excepting only the requirements for wings as contained under subsection (G)(3)(c)(vii) of this section, the prohibition on decks and balconies under subsection (G)(3)(d) of this section, and those modifications permitted under subsection (G)(5) of this section.

5. Where a specialized senior housing development would abut other specialized senior housing, the Northshore Senior Center or another use more intensive than single-family residences along a common property line, the following shall apply:

a. Buffer landscaping shall not be required along the common property line;

b. The minimum setback from the common property line shall be five feet;

c. The policies of the core building area shall apply to that portion of the property adjacent to the common property line; and

d. The multifamily residential modulation standards in BMC 12.14.190 may be substituted in place of the requirements of this section for building modulation.

H. Outdoor lighting fixtures within specialized senior housing developments shall be directed away from single-family residences and kept as low in elevation as is consistent with providing adequate light levels for safety and security while minimizing the impact on single-family residences.

I. Sports courts and other communal recreation facilities shall be screened from view from adjacent single-family residential development by intervening buildings within the specialized senior housing development, or where intervening buildings cannot legally or practically be placed, other substitute visual and sound barriers accomplishing essentially the same buffer to sight and sound as would be achieved by intervening buildings, as determined through the conditional use permit process. (Ord. 1946 § 2, 2005; Ord. 1909 § 1, 2003; Ord. 1815 § 1, 2000; Ord. 1779 § 2, 1999; Ord. 1685, 1997. Formerly 12.64.140.).

12.64.130 Special uses R 5,400d, SSHO zoning south of East Riverside Drive and east and west of Eason Avenue.

Within the above-described area, properties containing at least one building listed on the national, state, or local register of historic places are eligible for special uses not necessarily allowed within Chapter 12.06 BMC, to include bed and breakfast inns and small meeting centers. Any structure or property implementing any of these special uses shall be required to comply with all of the following special provisions:

A. Parking Requirements.

1. Small Meeting Centers.

a. At least one on-site parking stall shall be provided for each two people allowed by the occupant load. For example, an occupant load of 20 people would require that at least 10 off-street parking stalls be provided on-site;

b. Shared parking as provided for within BMC 12.16.040 may be used to satisfy the parking requirements;

c. The layout, design and sizing of parking areas shall be consistent with the requirements of Chapter 12.16 BMC; and

d. No on-street parking shall be allowed.

2. Bed and Breakfast Inns.

a. The number, layout, and design of parking stalls for a bed and breakfast use shall be consistent with BMC 12.06.110(B)(1)(b); and

b. No on-street parking shall be allowed.

B. Occupancy Load Maximums. To maintain the detached residential appearance of the area each small meeting center shall have a maximum occupant load of 20 people, exempting the residents of the building.

C. Architectural Standards. Any remodel or alteration of structures proposed as part of a bed and breakfast inn or small meeting center shall be required to match and complement the architecture and design of the historic building(s). The inclusion of architectural details and features as identified under BMC 12.64.120(G)(3)(c) may be required by the director of community development to ensure compatibility with adjacent residential structures.

D. Landscaping Standards. Bed and breakfast and small meeting center uses shall be required to install landscaping as required under Chapter 12.18 BMC. Modifications may be made by the community development director to match a specific historic-based landscape design or to preserve existing trees.

E. Outdoor recreation facilities such as decks, patios, or sports facilities shall be oriented away from adjacent detached residential properties. Exterior patios and decks shall be screened with landscaping and solid fencing at the discretion of the community development director.

F. Outdoor lighting fixtures for small meeting centers shall be directed away from single-family residences and kept as low in elevation as is consistent with providing adequate light levels for safety and security while minimizing the impact on single-family residences. (Ord. 1948 § 2, 2005).

12.64.140 Adult entertainment facilities – GC zoning.

A. Location. Adult entertainment facilities are allowed only on General Commercial-zoned properties which are located west of Bothell Way NE (SR-522) south of a point approximately 300 feet south of the intersection of SR-522 and Hall Road, and which have frontage on SR-522. No more than three adult entertainment facilities shall be permitted to concurrently operate at any time within this area.

B. Special Conditions.

1. Purpose and Intent. The purpose and intent of requiring the following special conditions for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city.

2. Applicability. The conditions established in this section apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult motels, adult motion picture theaters, adult retail establishments, and other adult entertainment facilities.

3. Limitations. The conditions established in this chapter shall not be construed to restrict or prohibit the following activities or products:

a. Expressive dance;

b. Plays, operas, musicals, or other dramatic works;

c. Classes, seminars, or lectures conducted for a scientific or educational purpose;

d. Printed materials or visual representations intended for educational or scientific purposes;

e. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;

f. Nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and

g. All movies and videos that are rated G, PG, PG-13, R, and NC-17 by the Motion Picture Association of America.

4. Visibility. All building entrances and parking areas shall be visible to law enforcement officers from the street frontage, in accordance with the following:

a. Required landscaping materials, including trees and ground cover, shall be of such species and spaced and maintained in such a manner as to preserve a clear view of the site from the street frontage. Large shrubs, hedges and coniferous trees which obscure vision shall not be allowed.

b. Exterior lighting of all building entrances and parking areas shall be required. All exterior lighting equipment, including light bulbs, shall be maintained in good operating condition, and be in operation from dusk to one hour past closing time. Exterior lighting shall be of a brightness or luminosity sufficient in the determination of the director to provide law enforcement visibility of the building and parking areas during hours of darkness consistent with the intent of this subsection.

In accordance with BMC 8.64.030, all exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the property, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity and height to the use they are serving.

Exterior lighting shall be installed so that in no case shall more than one footcandle power of light five feet above ground cross a property line as measured by a light meter meeting the American National Standards Institute specifications for such instruments. The owner of the property on which the light source is located shall bear the burden of proof that exterior lighting on their property meets these requirements, including the expense of a light meter reading. The meter reading shall be taken by a person deemed qualified by the director. The director shall maintain a list of pre-qualified persons available to the public.

5. Signage. Signage of an adult entertainment facility shall be in accordance with Chapter 12.22 BMC, Signs, except for the following provisions:

a. Subject to subsections (B)(5)(b) and (c) of this section, signage and other informational material on the building shall be limited to one sign flush with the building front as defined by this code, and shall be limited to the name of the establishment, street address, the days and hours of operation, restrictions on the age of persons to be admitted to the building, and identification of the stock-in-trade or adult entertainment offered therein.

b. Nowhere on the building visible to passersby outside the building shall appear any words suggestive of sexual acts.

c. Nowhere on the building visible to passersby outside the building shall appear any drawings or pictures or other depictions representing the sexually oriented materials and/or performances of such adult entertainment facilities. (Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1697 § 3, 1997. Formerly 12.64.130.).

12.64.150 Motor Vehicle Sales Overlay.

Exterior motor vehicle sales are permitted on properties containing Community Business (CB) zoning and a Motor Vehicle Sales Overlay (MVSO) designation subject to the following special regulations:

A. Illumination for motor vehicle sale properties shall be consistent with the following:

1. A specific lighting plan prepared by a qualified lighting engineer shall be submitted with any development application. The plan shall demonstrate consistency with these provisions.

2. All light fixtures shall be shielded to prevent off-site glare and shall direct light downward onto the sales lot. Shielding shall be installed to prevent the light bulb, filament or light source within the fixture from being directly visible from all residential zones.

3. Lighting fixtures shall be designed and installed in such a manner that no more than one footcandle of power of light at five feet above grade crosses a residential zoning boundary in accordance with BMC 8.64.030.

B. Landscaping within motor vehicle sales areas shall be consistent with the following:

1. A minimum 25-foot-wide Type I landscape buffer shall be installed along the common property line between any motor vehicle sales use and any existing residential use. All other property lines shall have the landscape perimeter installed in accordance with Chapter 12.18 BMC.

a. Trees within the 25-foot-wide perimeter buffer shall consist of 100 percent coniferous species;

b. Coniferous trees within the 25-foot-wide perimeter buffer shall have a minimum height of 12 feet at time of installation.

2. Street right-of-way, front lot line, interior parking lot landscaping and all other required landscaping shall be installed pursuant to Chapter 12.18 BMC.

C. Paging systems for employees of motor vehicle sales operations shall be wireless pagers, cellular phones, or other devices that do not allow voice or sound transmittal through the air. (Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005; Ord. 1853 § 1, 2001. Formerly 12.64.140).

12.64.160 Protection of groundwater resources.

Norway Hill has been identified as a particularly important source of cool water for the Sammamish River, via groundwater and surface water movement. Cool water promotes the long-term vitality of the fisheries resources found in the Sammamish River. Chapter 14.04 BMC, Critical Area Regulations, establishes regulations applicable city-wide for the protection of surface water bodies such as wetlands and streams. BMC 12.14.180(C), Development on Hillsides, establishes regulations applicable city-wide for the protection of groundwater movement as it may be affected by hillside development. This section augments BMC 12.14.180(C) by establishing regulations for the protection of groundwater resources specifically existing on Norway Hill. This section applies to land use activities south of the Sammamish River within the Downtown/NE 190th Street Subarea.

A. Uses or Activities with Special Requirements.

1. Vehicle Repair and Servicing.

a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

b. No dry wells shall be allowed in the subarea on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity.

2. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a. Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; and

b. Have a primary containment area enclosing or underlying the tank or part thereof.

3. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a. Prevent releases due to corrosion or structural failure for the operational life of the tank;

b. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and

c. Use material in the construction or lining of the tank that is compatible with the substance to be stored.

4. Residential Use of Pesticides and Nutrients. Application of household pesticides, herbicides, and fertilizers shall not exceed times and rates specified on the packaging.

5. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the state Departments of Ecology and Health.

a. Use of reclaimed water for surface percolation must meet the groundwater recharge criteria given in RCW 90.46.080(1) and 90.46.010(10). The state Department of Ecology may establish additional discharge limits in accordance with RCW 90.46.080(2).

b. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.

6. State and Federal Regulations. All activities, uses, and construction activities shall be in accordance with applicable state and federal regulations.

B. Site and Building Design Standards.

1. General Requirements.

a. The applicant shall demonstrate that the proposed activity will not adversely affect the recharging of the groundwater table.

b. The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the King and Snohomish County health districts.

2. Impervious Surface Coverage.

a. Developments shall limit the amount of impervious surface coverage on the subject parcel or parcels to the minimum coverage necessary to accommodate the development.

b. The community development director may require minor site plan modifications to reduce impervious surface coverage and to reduce driveway lengths and widths.

3. Natural Foliage Retention Requirements.

a. For the purposes of this chapter, “natural foliage” shall mean naturally occurring trees, understory plants (shrubs), groundcovers and the layer of dead leaves, needles, and vegetation (forest duff) found on the ground.

b. Developments shall limit the amount of natural foliage removed on the subject parcel or parcels to the minimum necessary to accommodate the development.

c. The community development director may require minor site plan modifications to preserve natural foliage areas and to reduce grading limits.

4. Grading Limitations.

a. Excavation shall be prohibited from intruding into that part of the groundwater table which experiences saturated soil conditions, as measured during the dry season.

b. Grading activities shall follow existing topographic contours to the maximum extent possible.

c. Changes to pre-existing ground elevations shall be minimized.

d. Use of retaining walls which allow the maintenance of existing natural slope areas is preferred over graded artificial slopes. Retaining walls and high foundations on the underside of buildings shall be screened by vegetation.

5. Structure Requirements.

a. Structures and improvements shall conform to the natural contour of the slope with foundations tiered to conform to the existing topography.

b. Standard prepared building pads (slab on grade) resulting in grading more than 10 feet outside the building footprint area are prohibited.

c. Use of common access drives and utility corridors is required where feasible.

d. Under-structure parking and multilevel structures shall be incorporated where feasible.

e. Roads, walkways and parking areas shall be designed to follow the natural contours of the hillsides while maintaining consolidated areas of natural topography and vegetation. Access shall be located in the least sensitive area feasible.

f. Use of foundation walls as retaining walls is preferable to rock or concrete walls built separately and away from the building. Freestanding retaining devices are only permitted when they cannot be designed as structural elements of the building foundation.

g. Use of pole-type construction which conforms to the existing topography is preferred.

h. Structures shall be tiered to conform to existing topography and to minimize topographic modification. Piled deck support structures are preferable for parking or garages to fill-based construction types. (Ord. 1948 § 2, 2005; Ord. 1946 § 2, 2005. Formerly 12.64.150).