Chapter 12.04
ZONING CLASSIFICATIONS, SUBAREAS, MAPS, AND BOUNDARIES

Sections:

12.04.010    Purpose.

12.04.020    Zoning classifications.

12.04.025    Agricultural zoning classification.

12.04.030    Residential zoning classifications.

12.04.035    Specialized Senior Housing Overlay zoning classification.

12.04.040    Office-Professional zoning classification.

12.04.050    Neighborhood Business zoning classification.

12.04.060    Community Business zoning classification.

12.04.065    Motor Vehicle Sales Overlay zoning classification.

12.04.070    General Commercial zoning classification.

12.04.080    Light Industrial zoning classification.

12.04.085    North Creek Fish and Wildlife Critical Habitat Protection Area.

12.04.090    Shoreline master program.

12.04.100    Mobile Home Park Overlay zoning classification.

12.04.110    Canyon Park Annexation concomitant zoning agreements.

12.04.120    Subareas.

12.04.130    Downtown subarea regulations.

12.04.140    Adoption of city-wide and subarea zoning maps.

12.04.150    Boundaries – Administrative determination.

12.04.160    Boundaries – Hearing body recommendation – City council determination.

12.04.010 Purpose.

The purpose of this chapter is to establish and describe the purpose of zoning classifications utilized in this title, and to establish maps which depict the geographic allocation of those zoning classifications throughout the city. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.04.020 Zoning classifications.

In order to regulate the use of land and structures, the city is divided into the following land use zoning classifications. The development potential of any individual property under these zoning classifications shall be based on the net buildable area of that property, and shall be further subject to planned unit development provisions, availability of necessary utilities, critical area regulations, impact mitigation and other applicable development policies, regulations and standards. For the purposes of this title, “net buildable area” means gross land area, measured in acres, minus land area in roads and other rights-of-way, surface storm water retention/detention/water quality facilities, critical areas, critical area buffers, and land dedicated to the city.

Name

Symbol

Agricultural

AG

Residential, 40,000 square foot minimum lot size

R 40,000

Residential, 9,600 square foot minimum lot size, except as may be allowed under lot size averaging regulations set forth in BMC 12.14.030(B)

R 9,600

Residential, 8,400 square foot minimum lot size

R 8,400

Residential, 7,200 square foot minimum lot size

R 7,200

Residential, 5,400 square foot minimum lot size, detached

R 5,400d

Residential, one dwelling unit per 5,400 square feet of net buildable area, attached or detached

R 5,400a

Residential, one dwelling unit per 4,000 square feet of net buildable area

R 4,000

Residential, one dwelling unit per 2,800 square feet of net buildable area

R 2,800

Residential – Activity Center (no specific density; number of units controlled by site and building envelope regulations)

R-AC

Office-Professional

OP

Neighborhood Business

NB

Community Business

CB

General Commercial

GC

Light Industrial

LI

Specialized Senior Housing Overlay

SSHO

Mobile/Manufactured Home Park Overlay

MHP

Motor Vehicle Sales Overlay

MVSO

North Creek Fish and Wildlife Critical Habitat Protection Area

NCFWCHPA

Zoning classifications are applied separately (e.g., R 2,800) where one category of land use is determined to be appropriate as designated by the Imagine Bothell... Comprehensive Plan, and in combination (e.g., R 2,800, OP, CB) where more than one category of land use is determined to be appropriate as designated by the plan. When used in combination, the most permissive regulations of the combined zones shall apply, unless specifically provided otherwise. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1853 § 1, 2001; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.04.025 Agricultural zoning classification.

The intent of agricultural zoning classification (AG) is to preserve and protect irreplaceable and limited supplies of farmland well suited to agricultural uses by their location, geological formation and chemical and organic composition, and to encourage environmentally sound agricultural production. This classification is assigned solely to the Magnolia Dairy properties in the Westhill Subarea: further development of these properties is subject to the regulations in Chapter 12.62 BMC and the terms of the 1986 King County purchase of development rights, consistent with the provisions of Chapter 84.34 RCW. (Ord. 2053 § 3 (Exh. C), 2010).

12.04.030 Residential zoning classifications.

The intent of residential zoning classifications (R 40,000, R 9,600, R 8,400, R 7,200, R 5,400d, R 5,400a, R 4,000, R 2,800, R-AC) is to provide locations for a range of densities and housing types to ensure a broad choice of attractive and affordable living accommodations to persons desiring to reside in Bothell. Residential zones may contain as outright permitted uses or conditional uses certain nonresidential uses which enhance the community including but not limited to schools, churches and parks. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.04.035 Specialized Senior Housing Overlay zoning classification.

The Specialized Senior Housing Overlay (SSHO) zoning classification is intended to allow specialized senior housing development at densities higher than normally permitted in specified R 40,000 – R 5,400a zoning districts where such development has been determined to be appropriate due to proximity to facilities and/or services which especially benefit the elderly. The implementing regulations concerning the location, density, design and operation of specialized senior housing are set forth in the subarea chapter in which the SSHO zoning classification is located. The SSHO zoning classification provides for an additional use within, but does not replace, the underlying zoning classification. SSHO zoning classification regulations shall not apply to uses other than specialized senior housing (see BMC 12.04.020). (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997).

12.04.040 Office-Professional zoning classification.

The Office-Professional zoning classification (OP) is intended to provide locations for personal and professional service businesses such as banks, medical, dental and psychological clinics, accounting, law, real estate, insurance and travel agencies. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.04.050 Neighborhood Business zoning classification.

The Neighborhood Business zoning classification (NB) is intended to provide locations for retail and service businesses which serve the limited convenience shopping and personal service needs of the immediate surrounding neighborhood. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.04.060 Community Business zoning classification.

The Community Business zoning classification (CB) is intended to provide locations for retail, dining, entertainment, and other businesses which are primarily oriented indoors and serve large portions of the city or the community as a whole. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.04.065 Motor Vehicle Sales Overlay zoning classification.

The Motor Vehicle Sales Overlay zoning classification (MVSO) is intended to allow the sale and outside display of automobiles, vans, light trucks, motorcycles, boats and watercraft within Community Business (CB) zoning districts where such development has been determined to be appropriate due to proximity to arterial streets, high intensity retail uses, and the presence of other motor vehicle dealers. The sale and display of heavy equipment such as construction and earthmoving equipment, tractors, farm implements, heavy vehicles such as heavy trucks, dump trucks and trailers, semi-tractors and trailers, buses, recreational vehicles and other large-sized vehicles are not permitted within the MVSO. The implementing regulations concerning the location, landscaping, lighting and design of motor vehicle sales lots within Community Business zones are set forth in the applicable subarea chapter in which the MVSO zoning classification is located. The MVSO zoning classification provides for an additional use within, but does not replace, the underlying zoning classification. The MVSO zoning classification regulations shall not apply to uses other than motor vehicle sales. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1853 § 1, 2001).

12.04.070 General Commercial zoning classification.

The General Commercial zoning classification (GC) is intended to provide locations for retail and service uses which typically require outdoor display and/or storage of merchandise, involve the operation or repair of machinery, and/or generate noise as a part of their operations. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.04.080 Light Industrial zoning classification.

The intent of the Light Industrial zoning classification (LI) is to provide for a range of manufacturing, processing, wholesaling, distributing, and similar activities, together with associated administrative and office uses, which typically serve regional, national, and international markets. Such uses tend to require large buildings and to generate more large truck traffic than do other types of land uses. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.04.085 North Creek Fish and Wildlife Critical Habitat Protection Area.

The North Creek Fish and Wildlife Critical Habitat Protection Area (NCFWCHPA) zoning classification is intended to implement special protections for specified areas within the city which have been determined to contain or contribute to exceptional fish and wildlife habitat. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005).

12.04.090 Shoreline master program.

The shoreline master program (SMP) contains use, development, performance, and procedural regulations which apply to portions of the city within 200 feet of the ordinary high water mark of North Creek and the Sammamish River, plus associated wetlands. The shoreline master program comprises BMC Title 13. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.04.100 Mobile Home Park Overlay zoning classification.

The Mobile Home Park Overlay zoning classification is intended to promote the retention of mobile home parks as a source of affordable detached single-family and senior housing. This classification is assigned to certain existing mobile home parks which contain rental pads, as opposed to fee simple owned lots, and as such are more susceptible to future redevelopment. The Mobile Home Park Overlay zoning classification limits development to mobile home parks unless and until a comprehensive plan amendment for another type of land use is requested, considered and adopted. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.04.110 Canyon Park Annexation concomitant zoning agreements.

Prior to the Canyon Park Annexation, owners of certain properties within the annexation boundaries entered into concomitant zoning agreements with the city providing for retention of Snohomish County development regulations, as they existed at adoption of the annexation, for varying lengths of time, depending on the individual agreement. As these agreements expire, or if property owners desire to void their agreements prior to the expiration dates, the Snohomish County development regulations which existed at adoption of the annexation, which regulations were adopted and codified as the Bothell Municipal Code Appendix, will be replaced with city of Bothell development regulations, including zoning classifications. The boundaries of properties subject to these concomitant zoning agreements are depicted on the zoning map. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.04.120 Subareas.

In order to plan for and regulate the use of land and structures in a manner which recognizes that residential neighborhoods and business areas within Bothell vary one from another in desired character, subareas are established in the Imagine Bothell... Comprehensive Plan and these implementing zoning regulations.

Subarea comprehensive plans are implemented in part through the adoption of use, development, performance, or procedural regulations specific to the subarea or to a portion or portions of the subarea. Regulations which are specific to a subarea or portions of a subarea are located in the chapter of this zoning code concerning the subarea.

The following subareas are established:

Name

Symbol

Code Chapter

Queensborough/Brentwood/Crystal Springs

QB

12.42

Shelton View/Meridian/3rd Avenue SE

SV

12.44

Country Village/Lake Pleasant/527 Corridor

CV

12.46

Canyon Park

CP

12.48

Canyon Creek/39th Avenue SE

CC

12.50

Fitzgerald/35th Avenue SE

FI

12.52

Maywood/Beckstrom Hill

MB

12.54

North Creek/NE 195th Street

NC

12.56

Bloomberg Hill

BH

12.58

Brickyard Road/Queensgate

BR

12.60

Westhill

WH

12.62

Downtown

DT

12.64

Waynita/Simonds/Norway Hill

WS

12.66

Locust/14th Avenue W

LO

12.68

Damson/Logan

DL

12.70

Filbert/Winesap

FW

12.72

Thrasher’s Corner/Red Hawk

TC

12.74

(Ord. 2053 § 3 (Exh. C), 2010; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.04.130 Downtown subarea regulations.

The downtown subarea regulations in Chapter 12.64 BMC comprise zoning regulations which are unique to the downtown subarea, except where other regulations in this title are adopted by reference. The downtown subarea regulations reside in a document, entitled the “Downtown Subarea Plan and Regulations,” which is formatted differently and bound separately from the other regulations in this title. The downtown subarea regulations utilize district zoning classifications unique to this subarea, which zoning classifications are denoted in color in the downtown subarea plan and regulations but are assigned letter symbols for city-wide zoning classification mapping purposes as follows:

Name of Downtown Subarea District

Symbol

Downtown Core District

DC

Downtown Neighborhood District

DN

Downtown Transition District

DT

SR-522 Corridor District

522

General Downtown Corridor District

GDC

Sunrise/Valley View District

SVV

Campus District

C

Parks and Public Open Space District

PPOS

(Ord. 2025 § 2 (Exh. C), 2009).

12.04.140 Adoption of city-wide and subarea zoning maps.

This title consists of text, illustrations, and city-wide and subarea zoning maps. The purpose of the city-wide zoning map is to depict the exact boundaries of each zoning classification for the entire city. The purpose of the subarea zoning maps is to depict the exact boundaries of each zoning classification within each subarea and the exact boundaries of special zoning districts in which regulations specific to that district apply. The city-wide and subarea zoning maps are adopted as parts of the ordinance codified in this title, and may be amended from time to time by ordinance. (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.04.130.).

12.04.150 Boundaries – Administrative determination.

When uncertainty exists as to boundaries of any land use zoning classification on the zoning map, the community development director following the administrative procedures of a Type I application as contained in Chapter 11.04 BMC shall make a determination as to the location of the boundary in question based on the following rules of construction:

A.    Where zone boundaries are indicated as approximately following the centerline of street, alley or highway right-of-way, the actual centerline shall be the boundary.

B.    Where zone boundaries are indicated as running approximately parallel to the centerline of the street right-of-way, the boundary line shall be construed to be parallel to the centerline of the street right-of-way.

C.    Where zone boundaries are indicated as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundaries of such zone.

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

E.    Zone boundaries indicated as following shorelines shall be interpreted to follow such shorelines, and in the event of change in the shoreline shall be interpreted as moving with the actual shoreline.

F.    Where a public street or alley right-of-way is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion shall revert shall apply to such vacated or abandoned street or alley right-of-way.

G.    Where the zone boundaries shown on the zoning map are inconsistent with the written legal descriptions of the zoning boundary as described in the implementing ordinance, the written legal description of the zoning boundary shall prevail. (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.04.140.).

12.04.160 Boundaries – Hearing body recommendation – City council determination.

In case uncertainty exists in zoning designation lines which cannot be resolved by application of the administrative rules contained in BMC 12.04.140, the hearing body shall recommend and the city council determine the location of such zone boundaries. This action shall be considered a Type IVA application as outlined under Chapter 11.04 BMC. The hearing body and city council shall base the determination of zone designation lines on the land use designation maps and policies of the Imagine Bothell... Comprehensive Plan. (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000. Formerly 12.04.150.).