Chapter 12.66
WAYNITA/SIMONDS/NORWAY HILL SUBAREA REGULATIONS

Sections:

12.66.010    Purpose.

12.66.020    Repealed.

12.66.030    R 2,800, OP, NB zoning adjacent to I-405.

12.66.035    R-AC, OP, NB zoning at Juanita-Woodinville Way/I-405 interchange.

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

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

12.66.060    Specialized senior housing overlay in the vicinity of the Northshore Senior Services Center – R 9,600, SSHO zoning.

12.66.070    Protection of groundwater resources.

12.66.010 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 Waynita/Simonds/Norway Hill 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. 2053 § 3 (Exh. C), 2010; Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.66.020 Special regulations – Lot size along 100th Avenue NE between NE 145th Street and the Sammamish River.

Repealed by Ord. 1946. (Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.66.030 R 2,800, OP, NB zoning adjacent to I-405.

Development in this area shall be by conditional use permit, include no office or retail uses more intensive than those specified in the Waynita/Simonds/Norway Hill Subarea Plan Land Use Policy 6, and incorporate the following features:

A.    Coordination of building(s) design;

B.    Integration of office/retail/services businesses and residential dwelling units in the same building(s) where feasible;

C.    Placement and design of residential and office/retail/service buildings in such a manner as to promote pedestrian travel from one building to another;

D.    Location of parking behind or alongside buildings, but not between buildings and the street, where feasible;

E.    Use of bricks, textured and/or colored concrete, or other decorative paving treatment at pedestrian crossings on internal streets and adjacent public streets to provide a unifying design element and to enhance pedestrian safety;

F.    Use of pedestrian-scale lighting such as but not limited to light poles not exceeding 12 feet in height, and lighting bollards three to four feet in height;

G.    Plazas or other open spaces to encourage interaction;

H.    Planter areas separating the street from the sidewalk/boundary;

I.    Consolidation of driveways to minimize the number of access points, and provision of internal access from property to property in such a manner as to allow a smooth flow of traffic across consecutive abutting properties; and

J.    Development shall provide for a transition in building mass from the greatest mass near the freeway interchange to the least mass adjacent to abutting single-family zoning, and shall incorporate noise-absorbing and sight-obscuring landscaping, screening and/or fencing abutting single-family zoning. (Ord. 2053 § 3 (Exh. C), 2010; Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000).

12.66.035 R-AC, OP, NB zoning at Juanita-Woodinville Way/I-405 interchange.

These regulations provide for development of a pedestrian-, bicycle- and transit-oriented mixed use neighborhood to capitalize on the area’s close proximity and access to I-405 for commuting and other longer trips while promoting nonmotorized travel for convenience shopping and services and recreation trips within the neighborhood.

A.    Building Height.

1.    Maximum building height shall be 35 feet, but may be increased to 50 feet if both of the following conditions are met:

a.    At least 20 percent of the gross floor area of the average story within the building (total building gross floor area divided by the number of stories) is devoted to parking either within or under the building or within a separate parking structure; and

b.    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 purposes 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.

2.    When buildings exceed 35 feet, in accordance with subsection (A)(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, shall be increased three feet horizontally for each foot of building height exceeding 35 feet.

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.

B.    Site and Building Design. In addition to or in lieu of city-wide site and building design regulations in BMC 12.14.170 through 12.14.230, and city-wide parking, transit and pedestrian circulation design regulations in BMC 12.16.080 through 12.16.120, development shall be subject to the following regulations specific to this zoning district:

1.    The threshold for having to provide a community gathering place as described in BMC 12.14.180(E) shall be a development area of one acre or more, rather than the standard five acres; such community gathering spaces shall be located and configured so as to be visible and inviting to the general public but shielded to the maximum extent feasible from freeway and arterial noise;

2.    Sidewalks within the public right-of-way shall be a minimum of 10 feet in width; internal sidewalks not solely for use by residents or employees of a development shall be a minimum of eight feet in width;

3.    At street crossings, development shall incorporate pedestrian “refuges,” art works, neighborhood information kiosks and/or other devices to provide small-scale visual attractions that incentivize pedestrian and bicycle travel throughout the zoning district, thereby promoting a sense of neighborhood.

C.    Traffic Congestion Mitigation at I-405 Interchange and Proximate Intersections. In conjunction with satisfaction of city concurrency and traffic impact mitigation requirements, any project proponent within this zoning district shall coordinate with the city of Bothell, the Washington State Department of Transportation, Sound Transit, King County Metro Transit and other applicable agencies to identify and implement strategies for reducing congestion at and around the interchange. Such implementation shall be via construction of physical improvements proportional to the impact generated by the proposed development; contribution of funding towards such improvements; and/or other measures as deemed warranted by the Bothell public works director. (Ord. 2053 § 3 (Exh. C), 2010).

12.66.040 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. 2025 § 2 (Exh. C), 2009).

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

Within the below-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 12.66.060(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. 2025 § 2 (Exh. C), 2009).

12.66.060 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 Waynita/Simonds/Norway Hill 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.    Hard surface 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 hard surface 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 12.66-5):

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 12.66-6 and 12.66-7):

a.    Along Common Property Lines Adjacent to Existing and Future Single-Family Residential.

(1)    Buffer width:

(A)    A minimum of 24 feet;

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

(2)    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;

(C)    The first row of trees, closest to the property line, shall place the tree trunks seven feet from the property line;

(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.

(3)    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).

(C)    Deciduous trees shall be one or more of the following species:

(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’).

(4)    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.

(5)    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.

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

(7)    The use of vegetation-based LID BMPs such as bioretention facilities may occur within buffer landscape areas; provided, that the prescriptive screening criteria can be fully achieved with the proposed plantings.

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)(6) of this section shall not apply, except as provided below:

(1)    Adjacent to the northwest promontory open space tract, no buffer landscaping shall be required;

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

(3)    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 12.66-9);

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:

(1)    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 12.66-13):

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

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

(C)    The modulation width shall be no less than eight feet.

(2)    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.

(3)    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 12.66-10);

(4)    All windows shall be surrounded with trim;

(5)    In situations where large windows are desired, these windows shall be placed in a ribbon or in a line of three or more windows (see Figure 12.66-10); 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

(C)    Open eaves (overhangs).

(4)    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;

(C)    Extra stickwork in the gables;

(D)    Trellises over porches or porte cochere;

(E)    Columns with tapering or slanted sides;

(F)    Dormers with gable roofs (see Figure 12.66-11); and

(G)    Exposed roof rafters or beams.

(5)    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 12.66-14 and 12.66-15):

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

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

(C)    The minimum variation length shall be eight feet;

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

(6)    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.

(7)    Wings. Specialized senior housing buildings shall provide wings within the transition zone which project toward existing and future single-family development (see Figures 12.66-12 and 12.66-13).

(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

(C)    Parking and driveways shall be prohibited within the courtyard; 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 12.66-8 and 12.66-9).

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)(7) 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)(7) 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. 2200 § 2 (Exh. B), 2016; Ord. 2025 § 2 (Exh. C), 2009).

Figure 12.66-5

Figure 12.66-6

Figure 12.66-7

Figure 12.66-8

Figure 12.66-9

Figure 12.66-10

Figure 12.66-11

Figure 12.66-12

Figure 12.66-13

Figure 12.66-14

Figures 12.66-15

12.66.070 Protection of groundwater resources.

Norway and Finn Hills have been identified as particularly important sources 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 and Finn Hills.

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.    Hard Surface Coverage.

a.    Developments shall limit the amount of hard 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 hard 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. 2200 § 2 (Exh. B), 2016; Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005. Formerly 12.66.040.).

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