Chapter 12.56
NORTH CREEK/NE 195TH STREET SUBAREA REGULATIONS

Sections:

12.56.010    Purpose.

12.56.020    North Creek Valley special district – Coterminous with North Creek Valley/NE 195th Street subarea.

12.56.030    Subdistricts.

12.56.040    Repealed.

12.56.050    Impervious and hard surface planning allotment.

12.56.060    Pedestrian and bicycle access.

12.56.070    Standards relating to freeways.

12.56.080    Architectural standards.

12.56.090    Setbacks.

12.56.100    Landscaping standards.

12.56.110    Parking standards.

12.56.120    Nonemergency motor vehicle connections from 112th Avenue NE to roads in Maywood/Beckstrom Hill Subarea prohibited.

12.56.130    Motor Vehicle Sales Overlay.

12.56.010 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 North Creek/NE 195th Street 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. 1629 § 1, 1996).

12.56.020 North Creek Valley special district – Coterminous with North Creek Valley/NE 195th Street subarea.

The North Creek Valley special district shall be coterminous with the North Creek Valley/NE 195th Street Subarea. This special district is established as an overlay zoning classification pursuant to the Bothell comprehensive land use plan for the purpose of implementing the goals, policies and actions of that plan. 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. 1629 § 1, 1996).

12.56.030 Subdistricts.

The North Creek Valley special district shall be divided into two subdistricts as follows:

A.    Subdistrict A shall comprise all land zoned R-AC, OP, CB, LI; R 2,800, OP, NB in the southeast corner of the subarea; and R 2,800, OP in the southwest corner of the subarea.

B.    Subdistrict B shall comprise all land zoned R 9,600; R-AC, OP, NB; R 2,800, OP, NB along Beardslee Boulevard; R 5,400d, OP, NB; and R 2,800, OP in the northeastern part of the subarea. (Ord. 1946 § 2, 2005; Ord. 1921 § 1, 2003; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.56.040 PUD required – Subdistrict B.

Repealed by Ord. 1921. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.56.050 Impervious and hard surface planning allotment.

Properties within the North Creek/NE 195th Street Subarea shall have a hard surface coverage allotment of 60 percent. Impervious surfaces proposed shall be subject to the maximum hard surface allotment as well as environmental review, and shall comply with impervious surface requirements as set forth in BMC Title 14, Environment. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1924 § 1, 2004; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.090.).

12.56.060 Pedestrian and bicycle access.

All development within the North Creek special district shall include provisions for pedestrian and bicycle access in accordance with the adopted pedestrian and bicycle facilities plan within the Imagine Bothell... Comprehensive Plan. Special consideration shall be given to developing a complete nonmotor vehicle traffic network, including connections to a trail system along North Creek and access to such system. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.150.).

12.56.070 Standards relating to freeways.

A.    The negative visual impact resulting from buildings with their rear elevation facing I-405 or SR-522 shall be avoided or substantially minimized through building orientation and design and/or effective screening.

B.    Commercial development in the North Creek Valley special district shall not include businesses which are dependent upon attracting freeway motorists for a substantial portion of their business. Retail and service businesses located within the North Creek Valley special district are prohibited from orienting signs toward I-405 and SR-522. Signage shall be oriented to the street serving the business.

C.    All development constructed in the vicinity of I-405 or SR-522 shall be designed and/or positioned so as to buffer freeway noise. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.170.).

12.56.080 Architectural standards.

In order to further the purposes of this chapter as set forth in BMC 12.56.010, protect property values, minimize discordant and unsightly surroundings and visual blight, avoid inappropriate and poor quality design and to promote aesthetic quality for the community as a whole, in addition to the design standards contained in Chapter 12.14 BMC, the following architectural standards shall be complied with:

A.    Glare.

1.    Mirror glass is permitted only when it can be demonstrated to produce no detrimental visual effect upon adjacent areas.

2.    Lighting shall be directed toward the interior of the project and away from residential areas.

B.    The major portions of the exterior building and fence materials shall be of natural and earth tones. Accent colors will be permitted on the minor portions of such materials.

C.    Buildings should be designed to encourage overall compatibility. Modular units, tilt-up construction, and other cost-effective techniques are allowed and the final visual effect should be one of quality and permanence.

D.    All vents, air conditioning units, mechanical, electrical and other equipment located on the roof of any structure shall be screened as needed to avoid an unsightly appearance as viewed from surrounding property, including hillside locations. The building roof design and covering/screening materials shall be described in detail, and it shall be demonstrated how these items will mitigate the visual impact of the equipment. These items shall be incorporated as an integral part of the overall building design. Projections of the view to the proposed site development, of roofs, and of rooftop equipment screening from adjacent hillsides, elevated roadways and residential areas shall be submitted.

E.    Building Height.

1.    The following special height regulations apply:

a.    Within the portion of Subdistrict A zoned R-AC, OP, CB, LI, the maximum allowable height is 100 feet, except that buildings may be up to 150 feet to accommodate manufacturing processes which require structures taller than 100 feet. In such cases, the applicant shall demonstrate why the process cannot be conducted in a building of 100 feet or less. Only that portion of the structure containing the manufacturing process may exceed 100 feet; offices and other areas of intensive employee activity are prohibited above this height.

b.    Within the portion of Subdistrict A zoned R 2,800, OP, the maximum allowable height is 65 feet.

c.    Within the portion of Subdistrict B east of 120th Avenue NE and 39th Avenue SE zoned R 2,800, OP, the maximum allowable height is 65 feet.

d.    Building heights within the remainder of Subdistricts A and B shall be regulated in accordance with Chapter 12.14 BMC.

e.    Building height shall be measured as set forth in BMC 12.14.110 through 12.14.130.

2.    When buildings exceed 35 feet, in accordance with subsection (E)(1) 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:

a.    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 a property within any area described in subsection (E)(1)(a), (b), (c) or (d) of this section abuts R zoning along a street, the increased setbacks shall be measured from the street property line of such property.

b.    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. (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.180.).

12.56.090 Setbacks.

A.    In Subdistrict A, building setback requirements along public rights-of-way shall be 25 feet, except as otherwise provided in BMC 12.56.080(E). Such setbacks shall be landscaped in accordance with the landscaping standards of BMC 12.56.100.

B.    The setback requirements from all other property lines in Subdistrict A which do not abut R zoning (not including combination zones) shall be 10 feet. The setback requirements from property lines which abut R zoning shall be as set forth in BMC 12.14.070(D), except as otherwise provided in BMC 12.56.080(E) for buildings higher than 35 feet.

C.    In Subdistrict B, the setback requirements shall be governed by the standards of the zoning classification in which the development is located as set forth in Chapter 12.14 BMC, except as otherwise provided in BMC 12.56.080(E) for buildings higher than 35 feet, and in BMC 12.56.120(H) for properties zoned R-AC, OP, NB.

D.    In Subdistrict A, when adjoining properties are developed simultaneously, setback requirements, except setbacks on public rights-of-way, may be waived. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.190.).

12.56.100 Landscaping standards.

A.    Planting of shade trees native to the area shall be required along public access routes to the North Creek shoreline.

B.    Service, loading, storage and other areas which tend to be unsightly shall be oriented away from dedicated streets and private roadways and screened from view with landscaping or fencing of an attractive material.

C.    The perimeter of parking areas shall be landscaped with solid screen evergreen plant material four feet high or fencing in combination with planting. Landscaped earth berms at least three feet high may substitute for the solid screen planting.

D.    Mechanical equipment shall be screened with landscaping or attractive architectural features integrated into the structure itself.

E.    To lessen the visual impact of outdoor parking lots, not less than seven percent of the interior of a parking lot with at least 15 parking stalls shall be landscaped. Landscaped strips between parking bays with appropriate ground cover and the planting of deciduous trees to achieve a canopy-like screening shall be required. Berms are also encouraged in the interior planted areas. Planting which is required for screening along the perimeter of any parking lot shall not be considered as fulfillment of the interior landscaping requirement. Planted areas within a parking lot shall be considered as part of the open space requirement.

F.    All plant material used for parking lot landscaping shall be of sufficient size and development to have a significant impact on the screening of the lot immediately though the full effect will not be realized for several years.

G.    Indigenous plant material with emphasis on trees and shade cover shall be required for landscaping along North Creek. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.200.).

12.56.110 Parking standards.

A.    Required number of stalls shall be in accordance with Chapter 12.16 BMC;

B.    Cooperative joint usage of parking lots by two or more commercial businesses within a development shall be encouraged when the suitability of this cooperative agreement is determined. Criteria for such a determination includes:

1.    The size of the joint parking lot which shall be governed by the timing of customer usage of the space and of the peak business periods of participating businesses.

a.    When peak periods of business overlap for two or more businesses wishing a joint parking lot, the required number of parking stalls may be reduced to 75 percent of the total parking stalls required for all businesses.

b.    The number of parking stalls for two businesses shall be the same as that required for the larger of the two when it is shown that one of the two cooperating businesses is relatively inactive during peak periods of the other.

c.    The number of parking stalls for three or more businesses with nonoverlapping peak hours shall be at least the same as that required by the largest business. Additional parking stalls may be required by the community development director;

2.    Location of the parking area either on the same lot or within 200 feet of the building it is intended to serve. For longer term parking, such as employee or proprietor parking, portions of the parking may be located up to 500 feet from the building if such an arrangement is found by the community development director to adequately serve the needs of the development for parking;

3.    Adequate signing in the parking area and entrance to the cooperative establishments to clarify for customers that the parking area is common to both;

4.    Safe and adequate pedestrian connections between the parking area and the businesses;

C.    A minimum of 50 percent of the space saved on a site through joint use of parking areas must be set aside as open space with pedestrian access and allocated equally among businesses;

D.    All approved joint uses of parking areas, including use by the public of private lots adjacent to public recreation areas, shall be made permanent by the execution of a written agreement approved by the city attorney which makes the agreement continuous during the occupancy of the business unless satisfactory alternative arrangements are authorized by the community development director. This agreement shall be filed with the city clerk and recorded with the King County department of records and elections or the Snohomish County auditor’s office at the expense of the applicant;

E.    Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed, or raised six inches above the lot surface;

F.    Parking lots utilizing material that is to some degree pervious and creates the visual impression of natural ground coverage are encouraged, but no compensating increase in hard surface allotment shall be given;

G.    1.    The feasibility of reducing the number of parking stalls required to be provided as part of the development through the use of transportation system management (TSM) techniques shall be addressed. Examples of TSM techniques include, but are not limited to, the following:

a.    Carpooling,

b.    Vanpooling,

c.    Subsidized bus passes,

d.    A monthly charge for parking,

e.    A monthly subsidy for use of ridesharing,

f.    Use of flextime;

2.    The number of and length of time per day stalls will be available for carpool/vanpool use, the percentages of employees which will use each system, the economic incentives to be used to encourage ride-sharing use, the use of flextime and/or joint parking facilities, the level of bus service provided to the site, and any other strategies which will be utilized to decrease the amount of traffic generated by the development should be addressed. If an applicant demonstrates these techniques will be successful and obligates himself or herself to implement and maintain them on an ongoing basis, the city may reduce the required number of parking stalls below the number required by this title. The land for the required but unprovided parking stalls shall be set aside as open space until/if it is needed for additional parking. If the city finds the techniques were not successful, an applicant shall provide the additional parking stalls or reduce the building area utilized by the use. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.56.220.).

12.56.120 Nonemergency motor vehicle connections from 112th Avenue NE to roads in Maywood/Beckstrom Hill Subarea prohibited.

Road connections from 112th Avenue NE to streets in the Maywood/Beckstrom Hill Subarea for use by nonemergency motor vehicles shall be prohibited, in accordance with BMC 12.14.180(A)(1). Connections for police, fire and emergency medical service vehicles, pedestrians and bicyclists may be provided, subject to BMC 12.14.180(A)(2) and (3). (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005. Formerly 12.56.180.).

12.56.130 Motor Vehicle Sales Overlay.

Exterior motor vehicle sales and display 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 lighting plan prepared by a qualified lighting engineer shall be submitted with any motor vehicle sales building permit 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 and BMC 12.56.100.

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, except that external employee paging systems that allow voice or sound transmittal through the air may be permitted subject to the following requirements:

1.    An external paging system plan with specifications designed and prepared by a licensed acoustical engineer shall be submitted to the department of community development for review and approval.

2.    The paging system shall be designed consistent with the following:

a.    All external speakers installed for the paging system shall be oriented away from existing residential uses and all residential zones.

b.    The paging system shall be designed to be consistent with the maximum noise levels established under WAC 173-60-040.

3.    Prior to issuance of any certificate of occupancy, or, in cases where the system is installed in an existing motor vehicle sales lot, use of the paging system, the acoustical engineer shall provide written verification to the city that the paging system is consistent with these standards. (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1853 § 1, 2001. Formerly 12.56.190.).

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