Chapter 13.07
SHORELINE ENVIRONMENT DESIGNATIONS

Sections:

13.07.005    Purpose.

13.07.010    Natural.

13.07.020    Urban conservancy.

13.07.030    Shoreline residential.

13.07.040    Marina.

13.07.050    High intensity.

13.07.060    Aquatic.

13.07.070    Use environment interpretation.

13.07.080    Use matrix.

13.07.090    Development standards.

13.07.005 Purpose.

The following environment designations have been developed based on current and planned land use and current shoreline ecological conditions. Shoreline development shall be consistent with underlying zoning as modified by the shoreline environment designation overlays.

The following shoreline environment purposes, designation criteria and management policies are intended to provide direction to the city when assigning shoreline environment designations, interpreting the regulations and provide direction when evaluating shoreline conditional use and variance applications. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.010 Natural.

A.    Purpose. The purpose of the “Natural” environment is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low-intensity uses be allowed in order to maintain the ecological functions and ecosystem-wide processes.

B.    Designation Criteria. Natural environment designation should be assigned to shoreline areas if any of the following characteristics apply:

1.    The shoreline area is ecologically intact and therefore currently performing an important, irreplaceable function or ecosystem-wide process that would be damaged by human activity;

2.    The shoreline area is considered to represent ecosystems that are of particular scientific and educational interest, such as high-quality wetlands; or

3.    The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety.

C.    Management Policies.

1.    Any use or development activity that would degrade the ecological functions or adversely alter the natural character of the shoreline area should be severely limited or prohibited.

2.    Development activity in the Natural environment should only be permitted when no suitable alternative site is available on the subject property outside of shoreline jurisdiction.

3.    The following new uses should not be allowed in the Natural environment:

a.    Commercial uses;

b.    Industrial uses;

c.    Non-water-oriented recreation; and

d.    Roads, utility corridors, and parking areas that can be located outside of Natural-designated shorelines.

4.    Single-family residential development may be allowed as a conditional use within the Natural environment if the density and intensity of such use is limited as necessary to protect ecological functions and be consistent with the purpose of the environment.

5.    Commercial forestry is prohibited.

6.    Development, when feasible, should be designed and located to preclude the need for shoreline stabilization, flood control measures, native vegetation removal, or other shoreline modifications.

a.    Development activity or land surface modification that would reduce the capability of vegetation to perform normal ecological functions should be prohibited.

b.    Subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions should not be allowed. Each new parcel must be able to support its intended development without significant adverse ecological impacts to the shoreline ecological functions.

7.    Controlled and restricted access may be permitted for scientific, historical, cultural, educational and low-intensity water-oriented recreational purposes, provided there are no significant adverse ecological impacts. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.020 Urban conservancy.

A.    Purpose. The purpose of the “urban conservancy” environment is to protect and restore ecological functions of open space, parks, floodplains and floodways and lands containing critical areas, where they exist in urban and developed settings, while allowing a variety of compatible uses.

B.    Designation Criteria. This designation is appropriate for lands:

1.    Containing or suitable for parks and recreation facilities or other water-enjoyment uses;

2.    Designated for low density single-family uses;

3.    Suitable for water-related uses;

4.    Designated open space, floodplain or other sensitive areas that should not be more intensively developed;

5.    Having potential for ecological restoration;

6.    Retaining important ecological functions, even though partially developed; or

7.    Having potential for development that is compatible with ecological restoration.

C.    Management Policies.

1.    Allowed uses should be those that preserve the natural character of the area and/or promote restoration within critical areas and public open spaces either directly or over the long term.

2.    Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting.

3.    Restoration of shoreline ecological functions should be a priority.

4.    Development, when feasible, should be designed to ensure that any necessary shoreline stabilization, flood control measures, native vegetation removal, or other shoreline modifications do not result in a net loss of shoreline ecological function or further degrade other shoreline values.

5.    Public access and public recreation objectives should be implemented whenever feasible and significant adverse ecological impacts can be mitigated.

6.    Water-oriented uses should be given priority over non-water-oriented uses. For shoreline areas adjacent to navigable waters, water-dependent uses should be given highest priority.

7.    New non-water-oriented commercial and industrial uses, other than limited commercial activities, such as small concession stands conducted accessory to a public park, should be prohibited. In addition, water-oriented accessory activities such as canoe or kayak rentals are allowed. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.030 Shoreline residential.

A.    Purpose. The purpose of the “shoreline residential” environment is to accommodate current and planned residential development and appurtenant structures, as well as appropriate public access and recreational uses, in areas suited for urban densities.

B.    Designation Criteria. Properties should be designated as shoreline residential if they are predominantly single-family or multifamily residential development or are planned and platted for residential development. This designation is appropriate for residential uses on lands with underlying zoning classifications for detached and attached residential, excepting residential lands established as community activity centers within the zoning code.

C.    Management Policies.

1.    Standards for density or minimum frontage width, setbacks, lot coverage limitations, lot dimensions, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations and should mitigate adverse impacts to maintain shoreline ecological functions.

2.    Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.

3.    Visual and physical access should be implemented whenever feasible and adverse ecological impacts can be avoided. Within attached residential developments, continuous public access along the shoreline should be provided, preserved or enhanced.

4.    Multifamily and multi-lot residential and water-oriented recreational developments should provide joint use community recreational facilities.

5.    Water-dependent recreational uses should be permitted.

6.    Limited water-oriented commercial uses which depend on or benefit from a shoreline location should also be permitted provided the underlying zoning classifications permit such uses. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.040 Marina.

A.    Purpose. The purpose of the “marina” environment is to provide an appropriate degree of special consideration for this ongoing water-dependent and water-related business that provides services related to boat moorage, boat repair, and upland boat storage. This use is currently unique in Bothell’s shorelines.

B.    Designation Criteria. Assign a marina environment designation to the Blue Heron Landing property and boat basin and other properties which may become marinas in the future.

C.    Management Policies.

1.    Provisions for the operation and management of the marina environment should be directed towards maintaining and enhancing water-dependent and water-related services, while ensuring that existing and future activity does not degrade ecological functions.

2.    Dimensional standards for new or modified over-water structures should allow for safe and efficient use of the marina, while contributing to the maintenance or improvement of current ecological conditions.

3.    Standards should be developed that require appropriate use of materials or techniques to enhance water quality protection and meet current health, safety, and welfare requirements.

4.    Aesthetic objectives should be implemented by means such as sign control regulations, screening and architectural standards, and maintenance of natural vegetative buffers where they exist. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.050 High intensity.

A.    Purpose. The purpose of the “high intensity” environment is to provide for intensive land uses, such as residential – activity centers, commercial, office, retail, transportation, warehouse, manufacturing, and mixed use developments, together with appropriate accessory uses such as parking lots, utilities, and storage areas, in shoreline areas that have been previously degraded.

B.    Designation Criteria. Assign a high intensity environment designation to shoreline areas within city limits and urban growth areas if they currently support high-intensity uses related to commerce, industry, transportation or navigation, or are suitable and planned for high-intensity water-oriented uses. A high intensity – park subclassification has been created and is applied to the portion of the park at Bothell Landing east of the extension of 98th Avenue NE. The high intensity – park designation more accurately reflects the nature, purpose and existing use of this urban park that contains buildings, an amphitheater, tot lots, canoe/kayak launch and parking as well as trails, plazas, and other recreation facilities along the Sammamish River.

C.    Management Policies.

1.    Manage development so that it enhances and maintains the shorelines for a variety of urban uses, with priority given first to water-dependent uses, and second to water-related and water-enjoyment uses.

2.    Non-water-oriented uses as they exist on or before February 6, 2013, may be allowed as part of an existing development, or a mixed use development, or where they do not conflict with or limit opportunities for water-oriented uses, or on sites where there is no direct access to the shoreline, or when associated with public access or ecological restoration.

3.    Visual and physical access should be implemented whenever feasible and adverse ecological impacts can be avoided. Continuous public access along the shoreline should be provided, preserved or enhanced.

4.    Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers where they exist.

5.    Full utilization of existing high intensity lands should be achieved before further expansion of the high intensity designation is allowed.

6.    The uses and activities of parks within lands designated as high intensity – park shall be consistent with any city-adopted park master plan and this SMP.

7.    No net loss of shoreline ecological functions as a result of new development should be assured by application of SMP policies and regulations.

8.    Where applicable, new development shall include environmental cleanup and restoration of the shoreline to comply in accordance with any relevant state and federal law. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.060 Aquatic.

A.    Purpose. The purpose of the “aquatic” environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark.

B.    Designation Criteria. Assign an aquatic environment designation to lands waterward of the ordinary high water mark exclusive of the waterward lands associated with the marina environment.

C.    Management Policies.

1.    Provisions for the management of the aquatic environment should be directed towards maintaining and restoring shoreline ecological functions.

2.    Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions.

3.    The size of new over-water structures should be limited to the minimum necessary to support the structure’s intended use.

4.    In order to reduce the adverse impacts of shoreline development and increase effective use of water resources, multiple use of over-water facilities such as bridges and docks should be encouraged.

5.    Uses that adversely impact the ecological functions of critical freshwater habitats should not be allowed except where necessary to achieve the objectives of the Act, and then only when their adverse impacts are mitigated according to mitigation sequencing as necessary to ensure no net loss of ecological functions.

6.    All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to minimize adverse visual impacts, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration.

7.    New over-water structures such as docks, bridges, viewing platforms, and others proposed for ecological restoration, water-dependent uses, and/or public access are permitted, provided they will not preclude attainment of ecological restoration.

8.    Public recreational uses of the water should be protected against competing uses that would interfere with these activities.

9.    Underwater pipelines and cables should be permitted when they demonstrate there is no feasible alternative location based on an analysis of technology and system efficiency, and that the adverse environmental impacts are not significant or can be shown to be less than the impact of upland alternatives. (Ord. 2112 § 3 (Exh. C), 2013).

13.07.070 Use environment interpretation.

A.    The city has designated use environments in its city limits and predesignated use environments in its annexation areas consistent with the maps at the end of this section, listed as follows:

1.    Figure 13.07.070-1: Shoreline Environment Designations Reach 1.

2.    Figure 13.07.070-2: Shoreline Environment Designations Reach 2.

3.    Figure 13.07.070-3: Shoreline Environment Designations Reach 3.

4.    Figure 13.07.070-4: Shoreline Environment Designations Reach 4.

5.    Figure 13.07.070-5: Shoreline Environment Designations Reach 5.

6.    Figure 13.07.070-6: Shoreline Environment Designations Reaches 6 and 15.

7.    Figure 13.07.070-7: Shoreline Environment Designations Reaches 9 and 10.

8.    Figure 13.07.070-8: Shoreline Environment Designations Reaches 11 – 14.

9.    Figure 13.07.070-9: Shoreline Environment Designations Reaches 7a and 8.

10.    Figure 13.07.070-10: Shoreline Environment Designations Reach 7b.

B.    Any areas within shoreline jurisdiction that are not mapped and/or designated due to minor mapping inaccuracies in the lateral extent of shoreline jurisdiction from the shoreline water body related to site-specific surveys of OHWM are automatically assigned the category of the contiguous waterward shoreline environment designation provided the error does not extend onto a new parcel.

C.    All other areas that were not mapped in shoreline jurisdiction, but which do meet criteria in Chapter 13.05 BMC, Shoreline Jurisdiction, shall be assigned an urban conservancy designation until the shoreline can be redesignated through an SMP amendment.

D.    Property shown in shoreline jurisdiction that does not meet the applicability criteria in Chapter 13.05 BMC, Shoreline Jurisdiction, shall not be subject to the requirements of this SMP. The actual location of the OHWM must be determined at the time a development is proposed.

E.    In the event of an environment designation mapping error, the shoreline administrator shall use the environment designation criteria contained in BMC 13.07.010 through 13.07.060 to establish the appropriate shoreline environment designation. Appeals of such interpretations may be filed pursuant to Chapter 13.17 BMC, Administration, Permits, and Enforcement.

Figure 13.07.070-1. Shoreline Environment Designations Reach 1

Figure 13.07.070-2. Shoreline Environment Designations Reach 2

Figure 13.07.070-3. Shoreline Environment Designations Reach 3

Figure 13.07.070-4. Shoreline Environment Designations Reach 4

Figure 13.07.070-5. Shoreline Environment Designations Reach 5

Figure 13.07.070-6. Shoreline Environment Designations Reaches 6 and 15

Figure 13.07.070-7. Shoreline Environment Designations Reaches 9 and 10

Figure 13.07.070-8. Shoreline Environment Designations Reaches 11 – 14

Figure 13.07.070-9. Shoreline Environment Designations Reaches 7a and 8

Figure 13.07.070-10. Shoreline Environment Designations Reach 7b

(Ord. 2112 § 3 (Exh. C), 2013).

13.07.080 Use matrix.

A.    Table 13.07.080-1 indicates which shoreline activities, uses, developments and modifications may be allowed or are prohibited in shoreline jurisdiction within each shoreline environment designation. Activities, uses, developments, and modifications are classified as follows:

1.    “Permitted uses” require a shoreline substantial development permit or a shoreline exemption, and are shown as a “P” on the use matrix.

2.    “Conditional uses” require a shoreline conditional use permit per Chapter 13.17 BMC, Administration, Permits, and Enforcement, and are shown as a “C” on the use matrix.

3.    “Prohibited” activities, uses, developments, and modifications are not allowed and are shown as an “X” on the use matrix.

4.    “Not applicable” uses or activities are shown as “NA” on the use matrix.

    Chapter 13.09 BMC, General Regulations and Performance Standards, and Chapter 13.11 BMC, Use-Specific and Modification Regulations and Performance Standards, shall be consulted for additional limitations.

B.    Accessory or appurtenant uses shall be subject to the same shoreline permit process as their primary use.

C.    Where there is a conflict between the chart and the written provisions in this SMP, the written provisions shall control.

D.    Authorized uses and modifications are only allowed in shoreline jurisdiction where the underlying zoning allows for it and are subject to the policies and regulations of this SMP.

E.    A use is considered unclassified when it is not listed in Table 13.07.080-1; in Chapter 13.09 BMC, General Regulations and Performance Standards; or Chapter 13.11 BMC, Use-Specific and Modification Regulations and Performance Standards. Any proposed unclassified use shall be classified by the shoreline administrator as permitted, conditional, or prohibited, based on the listed use to which the proposed use is most similar. If the shoreline administrator determines that the proposed use is not similar to any use in this SMP, the proposed use shall be considered prohibited. The criteria for authorization of an unclassified use as a permitted or a conditional use are as follows:

1.    The shoreline administrator finds that the unclassified use is in keeping with the purpose and intent of the use environment, underlying zoning, and the Imagine Bothell…Comprehensive Plan; and

2.    The shoreline administrator finds that the use is similar in nature to, and no more intense than, a specifically listed permitted or conditional use permit.

F.    If any part of a proposed activity, use, modification or development is not eligible for exemption per Chapter 13.17 BMC, then a shoreline substantial development permit or shoreline conditional use permit is required for the entire proposed development project. See BMC 11.04.002.

G.    When a specific use or modification extends into the aquatic environment and an abutting upland environment without clear separation (e.g., private moorage facility, shoreline stabilization), the most restrictive permit process applies to that use or modification.

 

Table 13.07.080-1. Use Matrix
 

Use/Modification

Natural

Urban Conservancy

Shoreline Residential

Marina

High Intensity

High Intensity – Park

Aquatic

Resource Uses

Specific standards: BMC 13.11.010, 13.11.020 and 13.11.080.

Agriculture

X

P/C13

P

X

P/C13

X

X

Aquaculture, noncommercial

X

C

P

X

P

C

P

Noncommercial forest practices

C

C

P

NA

P

P

NA

Mining

X

X

X

X

X

X

X

Boating Facilities and Over-Water Structures

Specific standards: BMC 13.11.030, 13.11.110 and 13.11.120.

Sammamish River

Boat launch (motorized boats)

X

C

P11

P

P

P5

P

Boat launch (nonmotorized boats – canoe/kayak)

X

P

P11

P

P

P5

P

Marina

X

C5

X

P

P

P5

P

Community dock

X

X

P

X

P

X

P

Public dock

X

P5

X

P6

P6

P6

P6

Fishing or viewing platform

X

P5

X

X

P5

P5

P

North Creek or Swamp Creek

Boat launch (motorized)

X

X

X

NA

X

NA

X

Boat launch (nonmotorized – canoe/kayak)

X

P

P11

NA

P

NA

P

Marina

X

X

X

NA

X

NA

X

Community or public dock

X

X

X

NA

X

NA

X

Fishing or viewing platform

X

X

X

X

X

X

X

Private Residential Docks

Sammamish River

X

NA

P

NA

P

X

P

North and Swamp Creeks

X

X

X

X

X

X

X

Commercial Development

Specific standards: BMC 13.11.050.

Water-oriented

Water-oriented, general

X

P5

P

P

P

P5

C

Restaurant

X

P5

X

P

P

P5

X

Office

X

C5

X

P

P

P5,18

X

Retail establishment

X

C5

C

C

P

P5

X

Retail sale of new or used boats (sales or rental)

X

X

X

P

P

P5

X

Concession stand

X

P5

X

P

P

P5

X

Entertainment or cultural facility

X

X

C

P

P

P18

C

Lodging

X

X

C

C

P

X

X

Repair and service of boat and boat motors

X

X

X

P

P

X

X

Non-water-oriented12

Non-water-oriented, general

X

C5

C

C

P

C5

X

Dry land boat storage

X

X

C

C

P

X

X

Retail establishment

X

C5

C

C

P

C5

X

Automotive service

X

X

X

C

C

X

X

Mixed use water-dependent and non-water-oriented

X

C

C

P

P

P5

P

Mixed use commercial and residential

X

X

C

P

P

X

C

Personal Service7

Specific standards: BMC 13.11.050.

Business and personal services, general

X

P5

P

P

P

X

C

Any professional, executive or administrative office use

X

P5

P

P

P

P5,18

X

Personal care services (e.g., barbershops, hair salons, tanning booths)

X

C5

P

X

P

X

X

Churches, temples, mosques and other religious facilities

X

C

P

X

P

X

X

Conference centers

X

C5

P

C

P20

P5,18

X

Dry cleaning establishments

X

X

X

X

P19

X

X

Kennels, catteries and animal obedience schools

X

X

X

X

X

X

X

Government service, general

X

C

P

P

P

P5,18

C

City, county, special district, state, and federal offices

X

C

P

X

P

P5,18

NA

Fire stations

X

C

P

P

P

X

P

Maintenance shops and vehicle and equipment parking and storage areas for government services

X

C

P

X

P

C

X

Police stations

X

C

P

P

P

X

P

Post offices

X

C

P

X

P

X

NA

Education, Health, and Day Care Services7

Specific standards: BMC 13.11.050.

Education services

X

C

C

P

P

P5,18

C

Health and social services

X

C

C

C

P

X

X

Adult and child day care centers

X

C

P

X

P

P5,18

X

Essential public facilities

Specific standards: BMC 13.11.050, 13.11.160 and 13.11.170.

Airports/heliports7

X

X

X

X

C19

X

X

Community colleges, colleges and universities7

X

C

C

X

C19

P5,18

C

Correctional facilities7

X

X

X

X

C19

X

X

Electrical transmission lines of higher voltage than 115 kV, in new corridors

X

C

P

P

P

C

P

In-patient facilities including but not limited to substance abuse facilities and mental health facilities7

X

X

P

P

P

X

P

Military installations7

X

X

P

P

P

X

P

Public agency animal control facilities7

X

X

X

X

C

X

X

Secure community transition facilities (SCTFs)7

X

C

C

C

C

X

X

Solid waste landfills

X

X

X

X

X

X

X

Solid waste transfer stations7

X

X

X

X

C

X

X

Transit bus, train, or other high capacity vehicle bases

X

X

C

X

P

X

X

Waste water treatment facilities

X

X

X

X

C

X

X

Work release facilities7

X

C

C

C

P

X

X

Industry

Specific standards: BMC 13.11.090.

Water-oriented

Manufacturing, distribution, storage, and warehousing

X

X

X

P

P8

X

C

Non-water-oriented

Manufacturing, distribution, storage, and warehousing

X

X

C

C

P/C8

X

X

Recreational Development

Specific standards: BMC 13.11.120.

Water-oriented

Public parks/recreation and accessory uses

P17

P

P

P

P

P

P

Private parks/recreation and accessory uses

C17

P

P

P

P

NA

P

Fishing or viewing platform

See Boating Facilities and Over-Water Structures above.

Non-water-oriented

Public parks/recreation and accessory uses

X

P/C10

P

X

P

P/C10

X

Private parks/recreation and accessory uses

X

C

C

X

C

NA

X

Residential

Specific standards: BMC 13.11.130.

Residential development

C

P

P

X

P

X

X

Dredging Activities

Specific standards: BMC 13.11.060.

Dredging

NA

NA

NA

P

NA

NA

P

Dredge material disposal

X

C1

C1

C1

C1

C1

C1

Fill

Specific standards: BMC 13.11.070.

Waterward of OHWM and in floodways

X1

C1

C1

C1

C1

C1

C1

Between upland edge of floodway and upland edge of floodplain

X1

C1

P

P

P

P

NA

Other upland fill

C1

C1

P

P

P

P

NA

In-Water Modifications

Specific standards: BMC 13.11.040 and 13.11.100.

Breakwaters, groins and weirs

C/X1

P/C1

P/C1

P/C1

P/C1

P/C1

P/C1

In-stream structures

NA

NA

NA

NA

NA

NA

C1

Shoreline Enhancement Projects

Specific standards: BMC 13.11.140.

Shoreline habitat and natural systems enhancement projects

P

P

P

P

P

P

P

Flood Control and Shoreline Stabilization

Specific standards: BMC 13.09.060 and 13.11.150.

Flood Control

Modification of existing levees and flood control facilities

C14

C14

P

P

P

P

NA

New levees and flood control facilities

C14

C14

C14

C14

C

C

NA

Shoreline Stabilization

New

Hard

X

C

C

C

C

C

C

Soft

C14

C

P

P

P

P

P

Replacement: hard replaced with hard19

C15

C

P

P

P

P

P

Replacement: hard replaced with soft

P

P

P

P

P

P

P

Transportation

Specific standards: BMC 13.11.160.

Bridges, motor vehicles

C

C

P

C

P/C

C

C

Bridges, bikes and pedestrian

C

P

P

P

P

P

P

Railroads

C

C

C

C

C19

C

NA

Roads

C

C

P

P

P

C

NA

Trails

P16

P

P

P

P

P

P

Parking, accessory

 

Takes permit type of primary use

Parking as a primary use

X

C

C

P

P

X

X

Existing bridges, trails, roads, and parking facilities: maintenance or improvement

P

P

P

P

P

P

P

Utilities

Specific Standards: BMC 13.11.170.

Utilities, primary and accessory

P/C9

P

P

P

P

P

P

Table Notes:

P = Permitted uses with shoreline substantial development permit or shoreline exemption;

C = Conditional uses;

X = Prohibited uses;

NA = Not applicable.

1.    In the Natural environment, a conditional use permit is required and may only be approved if such structures are installed to protect or restore ecological functions. For other shoreline environments, structures or modifications installed to protect or restore ecological functions may be permitted with issuance of a shoreline substantial development permit or exemption. Otherwise a conditional use permit is required.

2.    Provided the boat facility is for the exclusive use of kayaks, canoes, or other nonmotorized boats.

3.    Permitted when the parking is accessory to a public park, public recreation use or provides parking for public access to the shoreline.

4.    Modification of existing levees and other flood control improvements may be processed as a shoreline substantial development permit.

5.    Only allowed when accessory to a public park, public recreation facility, or private recreation facility open to the public.

6.    Only when accessory or associated use within a public park.

7.    Government and service uses shall be subject to the commercial use specific standards in BMC 13.11.050.

8.    Water-oriented and non-water-oriented manufacturing, distribution, storage, and warehousing uses are allowed on North Creek subject to performance standards of this SMP, including, but not limited to, BMC 13.11.090. Water-dependent industrial development shall be a permitted use and non-water-dependent industrial uses shall be a conditional use within high intensity and aquatic shoreline environments associated with the Sammamish River.

9.    Permitted if accessory; conditional if primary use.

10.    Permitted if the recreation facilities have water enjoyment elements. Conditional if the recreational facilities have no water enjoyment elements.

11.    Permitted only when a joint facility shared by five or more residential dwelling units.

12.    Non-water-oriented uses are those uses which do not need a shoreline location to successfully operate and which are not water-dependent, water-related, or water-enjoyment uses.

13.    Permitted if an existing agricultural use; conditional if a proposed new agricultural use.

14.    Only allowed when protecting existing development in existence on or before February 6, 2013.

15.    Only allowed when associated with a public right-of-way or bridge.

16.    Trail extensions and surfaces shall be consistent with park master plans. Where feasible, pervious materials are preferred.

17.    In the Natural environment, only passive, low-intensity recreation is allowed when demonstrated to have no significant adverse ecological impact.

18.    Allowed within existing structure as of the effective date of this SMP, February 6, 2013.

19.    Only when consistent with BMC 13.11.150, Shoreline stabilization.

(Ord. 2112 § 3 (Exh. C), 2013).

13.07.090 Development standards.

A.    To preserve the existing and planned character of the shoreline consistent with the purposes of the shoreline environment designations, development standards are provided in Table 13.07.090-1. In addition, shoreline developments shall comply with all other dimensional requirements of the Bothell Municipal Code.

B.    When a development or use is proposed that does not comply with the dimensional performance standards of this SMP, such development or use can only be authorized by approval of a shoreline variance. If a proposal meets requirements allowing administrative reductions or modifications, it is considered compliant with the SMP and does not require a variance.

 

Table 13.07.090-1. Development Standards
 

Standard in Feet

Natural

Urban Conservancy

Shoreline Residential

Marina

High Intensity/

High Intensity Park

Aquatic

Lot width, minimum – residential

150

80

70

NA

25

NA

Side yard setbacks

30

20

5

5

--B

NA

Building height: maximumA

35

35

35

35

35 – 100A

35

Shoreline buffer – North CreekC, D, E

150

100

100

NA

100

NA

Shoreline buffer – Swamp CreekD, E

NA

150

150

NA

150

NA

Shoreline buffer – Sammamish RiverD, E

NA

100

100

15

100

NA

NA = Not applicable

Table Notes:

A.    Height allowances:

1.    The following structures may be erected above the height limits, provided such structures are consistent with underlying zoning requirements, and provided such structures shall not extend 10 feet above the maximum height limit of this SMP:

a.    Roof structures housing or screening ventilating fans, HVAC (heating and cooling equipment), or similar equipment required for building operation and maintenance.

b.    Fire or parapet walls, flagpoles, chimneys, smokestacks, communication transmission and receiving structures, utility line towers and poles, water towers/storage tanks, and similar structures;

c.    On properties with any of the following architectural elements including, but not limited to, peaked roofs and steeples; provided, that the increase in height shall not increase usable floor area;

d.    Structures containing certain manufacturing processes within the Canyon Park regional activity center or the North Creek regional activity center in accordance with the zoning code;

e.    Structures supporting alternative energy generation equipment such as wind machines, solar arrays, and other equipment devoted to energy generation.

2.    If a property has an underlying zoning classification that allows buildings taller than 35 feet, a building or structure may be constructed on that property to the height limit of the underlying zone, subject to the applicant demonstrating to the satisfaction of the shoreline administrator the following:

a.    That the intended uses for the portion of the building over 35 feet would particularly serve the public interest, for one nonexclusive example, by preserving more land as natural open space and wildlife habitat than might otherwise have resulted had the same total square footage been developed in a larger 35-foot-tall building or multiple 35-foot-tall buildings with a consequently larger cumulative footprint within the shoreline jurisdiction; and

b.    That portions of the building over 35 feet would obstruct no more than 30 percent of cumulative shoreline views from residential properties and public parks within a 1,000-foot radius of the subject property; such quantification shall be based on a view analysis utilizing photographs, videos, and/or photo- or computer-based simulations.

B.    The setback shall be the distance required for landscaping per the Bothell Municipal Code.

C.    The main stem of North Creek located between 240th Street SE and 228th Street SE shall have a stream buffer width of 150 feet for all environment designations.

D.    When environment designations are parallel, the buffer assigned to the waterward environment extends only to the upland edge of that environment. The buffer for the landward environment as measured from the OHWM would apply to uses and modifications in that upland environment.

E.    See BMC 13.13.060 for regulations governing management of shoreline buffers and provisions for special buffer dimensions.

(Ord. 2112 § 3 (Exh. C), 2013).