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Chapter 12.06
PERMITTED USES

Sections:

12.06.010    Purpose.

12.06.020    Interpretation of land use tables.

12.06.030    Agriculture.

12.06.040    Automotive, marine, and heavy equipment services.

12.06.050    Business and personal services.

12.06.060    Eating and drinking establishments.

12.06.070    Education services.

12.06.080    Essential public facilities.

12.06.090    Government services, general.

12.06.100    Health and social services.

12.06.110    Lodging.

12.06.120    Manufacturing, distribution, storage and warehousing.

12.06.130    Recreation, culture and entertainment.

12.06.140    Residential uses.

12.06.150    Retail uses.

12.06.160    Temporary uses.

12.06.170    Transportation.

12.06.180    Utilities.

12.06.190    Uses not otherwise categorized.

 

12.06.010 Purpose.

The purpose of this chapter is to establish permitted land uses for the city of Bothell. The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will be or has been in continuous operation for a period exceeding 60 days, except that in no case shall a transitory accommodation, which may be allowed to operate continuously for a period of up to 90 days as set forth in BMC 12.06.160(B)(3)(c), be considered permanently established. A use which will operate for 60 days or less, and transitory accommodations, are considered temporary uses, and are subject to the requirements of BMC 12.06.160. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located within the Bothell city limits. (Ord. 1955 § 1, 2005; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.06.020 Interpretation of land use tables.

A.    The land use tables in this chapter determine whether a specific use is allowed in a zone classification. Specific uses are divided among 17 tables, each of which represents a broad category of land use. The tables are arranged in alphabetical order by land use category, as listed at the beginning of this chapter. Within each table, zone classifications are located in vertical columns and specific uses are arranged alphabetically in horizontal rows.

B.    If no symbol appears in the box at the intersection of a column and a row, the use is not allowed in that zoning classification.

C.    If the letter “P,” for “Permitted,” appears in the box at the intersection of a column and a row, the use is allowed in that classification, subject to the development and operational requirements of this and other applicable titles. The conduct or development of a permitted use may require approvals including but not limited to land clearing, grading, plumbing, mechanical and building permits. The procedures for applying for such approvals shall be as set forth in BMC Title 11, Administration of Development Regulations.

D.    If the letter “C,” for “Conditional,” appears in the box at the intersection of a column and a row, the use is allowed subject to conditional use permit procedures and requirements and other development and operational requirements of this and other applicable titles. The conduct or development of a conditional use shall require approval of a conditional use permit in addition to other approvals as set forth in subsection C of this section. Procedures for applying for a conditional use permit shall be as set forth in Chapter 12.28 BMC and BMC Title 11, Administration of Development Regulations.

E.    If a number appears in the box describing the use, or in the box at the intersection of a column and a row, the use is subject to specific development and/or operational requirements which may be in addition to or in place of general requirements of this and other applicable titles. Such use-specific requirements typically follow the table and correspond to the number in the table, although some such requirements, such as those for specialized senior housing, are set forth in separate chapters.

F.    Where multiple zoning classifications are combined (e.g., OP, LI), the most permissive regulations of the individual zoning classifications shall apply, unless specifically provided otherwise. For example, if a use is not permitted in the OP zone but is permitted in the LI zone, the use is permitted on land zoned OP, LI.

G.    Any proposed use not listed in the table shall be classified by the community development director as permitted, conditional, or not permitted, based on the listed use to which the proposed use is most similar. If the community development director determines that the proposed use is not similar to any use in the table, the proposed use shall not be permitted. The determination of the community development director shall be appealable to the hearing body.

H.    Permitted uses as established by this chapter may be modified by subarea regulations. (Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.06.030 Agriculture.

A.    Use Table.

Agriculture

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Growing and harvesting of crops (1)

P

P

P

P

P

P

P

P

P

P

P

Plant nurseries and greenhouses (1)

P

P

P

P

P

P

P

P

P

P

P

Raising and keeping of animals for agricultural purposes (1)(2)

P

P

P

P

P

P

 

 

 

 

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    a.    Activities associated with the growing and harvesting of crops and the operation of plant nurseries and greenhouses shall be controlled so as not to result in adverse impacts on nearby properties. Such adverse impacts include but are not limited to noise, dust, fertilizer/pesticide overspray, odor, and glare.

b.    The sale of agricultural products on the property on which the products were grown is permitted.

c.    The raising and keeping of chickens as an accessory use to residential properties is regulated under BMC 12.06.140(B)(2).

2.    a.    Activities associated with the raising and keeping of animals for agricultural purposes shall be controlled so as not to result in adverse impacts on nearby properties. Such adverse impacts include but are not limited to noise, dust, fertilizer/pesticide overspray, odor, glare and roaming. No stable, shed, coop or other structure for the keeping of animals shall be located closer than 20 feet from any exterior property line.

b.    Minimum requirements for animals raised and kept for agricultural purposes are as follows:

(1)    Large livestock including but not limited to horses, cows, steers, and llamas, one-half acre per animal, and one acre minimum lot area;

(2)    Small livestock including but not limited to sheep, pigs, goats, mink and miniature horses, 7,000 square feet per animal, and one acre minimum lot area;

(3)    Poultry other than chickens and small animals including but not limited to rabbits, mice and rats, one animal per one square foot of structure used to house such animals, up to a maximum of 2,000 square feet, and one-half acre minimum lot area;

(4)    Bees, in movable-frame hives, one-half acre minimum lot area.

c.    The sale of animals raised for agricultural purposes and the sale of products of such animals, such as eggs, fleece and milk, on the property on which the animals are or were raised or kept is permitted subject to subsection A of this section. (Ord. 2141 § 2 (Exh. B), 2014; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.040 Automotive, marine, and heavy equipment services.

A.    Use Table.

Automotive, Marine, and Heavy Equipment Services

 

Zoning Classification

 

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Automotive or marine repair (1)

 

 

 

 

 

 

 

 

P

P

P

Car wash (1)

 

 

 

 

 

 

 

P

P

P

P

Electric vehicle battery changing station

 

 

 

 

 

 

 

P

P

P

P

Gasoline or diesel fuel dispensing (gas stations) (2)

 

 

 

 

 

 

 

P

P

P

P

Heavy equipment repair (1)

 

 

 

 

 

 

 

 

 

P

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    a.    Service and car wash bay openings shall be oriented away from adjacent streets and R-zoned properties, or landscaping shall be installed between the bay opening and adjacent streets and R-zoned properties so as to soften adverse visual impacts. In addition, where a service or car wash bay opening would be oriented towards an abutting R-zoned property, noise shall be reduced by means of an intervening building or buildings, freestanding walls, doors or other devices for enclosing the car wash, or other methods determined by the community development director to be effective for reducing noise.

b.    Storage of inoperable vehicles awaiting repair shall be screened from adjacent streets or properties through a combination of fencing and landscaping.

2.    a.    Gas stations shall be located only on arterials, unless incorporated as an integral part of a shopping center or business complex.

b.    Gas station driveways shall be located at least 50 feet from the nearest point of intersection of public rights-of-way. There shall be no more than four curb cuts with a maximum combined length of 120 feet. (Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.050 Business and personal services.

A.    Use Table.

Business and Personal Services

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Architectural/engineering services

 

 

 

 

 

 

P

P

P

P

P

Banking and financial services

 

 

 

 

 

 

P

P

P

P

P

Churches, temples, mosques and other religious facilities

C

C

C

C

C

C

C

C

P

P

P

Clerical services

 

 

 

 

 

 

P

P

P

P

P

Conference centers

 

 

 

 

 

 

P

 

P

P

P

Dry cleaning establishments

 

 

 

 

 

 

 

P

P

P

P

Environmental analysis services

 

 

 

 

 

 

P

P

P

P

P

Fraternal organizations and other private clubs

 

 

 

 

 

 

C

C

P

P

P

Insurance services

 

 

 

 

 

 

P

P

P

P

P

Kennels, catteries and animal obedience schools (1)

C

 

 

 

 

 

 

 

P

P

P

Legal services

 

 

 

 

 

 

P

P

P

P

P

Mortuary services

 

 

 

 

 

 

P

P

P

P

P

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

 

 

 

 

 

P

P

P

P

 

 

Photo processing, photo copying, and printing services

 

 

 

 

 

P

P

P

P

P

 

Print and electronic media offices (newspaper, magazine, radio, television) (2)

 

 

 

 

 

P

P

P

P

P

 

Real estate services

 

 

 

 

 

 

P

P

P

P

P

Self-service laundromats

 

 

 

 

 

 

 

P

P

P

 

Shelter, animal (1)(3)

 

 

 

 

 

 

P

P

P

P

P

Travel services

 

 

 

 

 

 

P

P

P

P

P

Veterinary clinics (1)

 

 

 

 

 

 

P

P

P

P

P

Any other professional, executive or administrative office use

 

 

 

 

 

 

P

P

P

P

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    The portion of the building or structure in which animals are treated, trained, or kept shall be soundproofed. All run areas shall be surrounded by an eight-foot-high solid wall and surfaced with concrete or other permanent impervious material. The wall shall be placed consistent with the setback requirements of the underlying zone. The outside of the wall shall be screened with evergreen plantings which shall be six feet tall upon planting and shall attain a height of eight feet within five years. Kennels, catteries, animal obedience schools, animal shelters, and veterinary clinics shall be operated in accordance with BMC Title 6, Animals.

2.    Transmitting and receiving equipment shall be subject to the use-specific requirements in BMC 12.06.180.

3.    Animal shelters owned, maintained or operated by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization whose primary mission is the protection and welfare of animals may sell goods and products that enhance the health and comfort of the animals adopted. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.060 Eating and drinking establishments.

A.    Use Table.

Eating and Drinking Establishments

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Restaurants, drive-through order

 

 

 

 

 

 

 

 

P

P

 

Restaurants, take-out order

 

 

 

 

 

 

 

P

P

P

P

Restaurants, on-site dining (indoor and outdoor) (1)

 

 

 

 

 

 

 

P

P

P

P

Taverns (2)

 

 

 

 

 

 

 

P

P

P

P

Vendor carts or trucks (3)

 

 

 

 

 

 

P

P

P

P

P

Vendor, ice cream

P

P

P

P

P

P

P

P

P

P

P

Vendor spaces or stands (4)

 

 

 

 

 

 

P

P

P

P

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    Outdoor seating, tables, umbrellas and other appurtenances of outdoor dining may be placed on public sidewalks, provided a minimum sidewalk width of five feet measured to the street side of the sidewalk shall be kept clear for pedestrians.

2.    Taverns may include brewing equipment.

3.    Vendor carts and trucks shall be subject to the following conditions:

a.    Carts may be placed on public sidewalks; provided a public area use permit is obtained, a minimum sidewalk width of five feet measured to the street side of the sidewalk shall be kept clear for pedestrians, and visibility at driveways, street intersections, store entrances and display windows shall not be obscured (note: a public area use permit is not required for private streets or the campus district, but other requirements of this subsection apply);

b.    If a cart or truck is to be situated on private property, written permission shall be obtained from the legal owner of such property on which the cart is situated;

c.    Carts or trucks shall not be located in required parking or landscaping areas;

d.    Carts shall be limited to two per city block side or 300 lineal feet, whichever is less, or, when placed within a building, one cart per building;

e.    Carts or trucks shall be removed at night, or, when carts are placed within a building, they shall be covered or secured;

f.    Carts shall be no larger than a size which can be maneuvered by one person on foot, and in no case shall cover an area larger than 25 square feet;

g.    The vendor shall comply with all applicable state and county health regulations. Evidence of compliance and a current city of Bothell business license must be conspicuously posted on the vendor truck or cart;

h.    Vendor carts within a building shall be located in a manner that is consistent with International Building and Fire Code requirements for exiting, corridor width, and other requirements;

i.    Vendor trucks shall be no larger than eight feet wide by 30 feet long, exclusive of temporary canopies which may be extended over the service side when parked;

j.    Vendor trucks may be placed on public property and streets; provided a public area use permit is obtained, adequate lane width is maintained, adequate sidewalk space is available for the service side of the truck, and visibility at driveways, street intersections, store entrances and display windows is not obscured (note: a public area use permit is not required for private streets or the campus district, but other requirements of this subsection apply);

k.    The city may place additional restrictions, including limits on duration and frequency, for public area use permits for vendor trucks;

l.    Vendor trucks shall not be placed in a public area closer than 100 feet from any existing eating establishment, unless the legal owner of the eating establishment provides written permission to be within 100 feet of the eating establishment.

4.    Vendor stands shall be considered permanent structures and shall meet all requirements for such structures. Vendor spaces placed within an existing building shall meet all International Building Code requirements and shall not exceed 1,000 square feet in total area, including product preparation and seating areas. Vendors shall comply with all applicable state and county health regulations. Evidence of compliance must be conspicuously posted on the vendor stand or space. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 2152 § 2 (Exh. B), 2014; Ord. 1991 § 1, 2008; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.070 Education services.

A.    Use Table.

Education Services

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Administrative offices, not located in schools

 

 

 

 

 

 

P

P

P

P

P

Community colleges, colleges and universities, less than 10 acres in land area (1)

C

C

C

C

C

C

C

P

P

P

P

Maintenance shops and vehicle and equipment parking and storage areas for education services (2)

 

 

 

 

 

 

 

 

P

P

P

Portable or modular classroom buildings, as additions to existing schools (3)

P

P

P

P

P

P

P

P

P

P

P

Pre-schools

C

C

C

C

C

C

P

P

P

P

P

Primary and secondary schools (elementary, junior high, and high schools), with associated athletic and other facilities

C

C

C

C

C

C

C

C

P

P

P

Vocational-technical institutions, less than 10 acres in land area

 

 

 

 

 

 

C

C

P

P

P

Vocational-technical institutions, 10 acres or more in land area

 

 

 

 

 

 

C

C

C

C

C

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    Community colleges, colleges and universities 10 acres in land area or more are essential public facilities, which are subject to the requirements of BMC 12.06.080.

2.    a.    Service and car wash bay openings shall be oriented away from residential uses or screened from such uses by a combination of fencing and landscaping; where a service or car wash bay opening would be oriented towards an abutting R-zoned property, noise shall be reduced by means of an intervening building or buildings, freestanding walls, doors or other devices for enclosing the car wash, or other methods determined by the community development director to be effective for reducing noise. In any case, noise shall be controlled so as to comply with BMC 8.26.040.

b.    Storage of vehicles and equipment shall be located behind buildings or screened from adjacent streets and properties by a combination of fencing and landscaping.

3.    Portable and modular classroom buildings are permitted as additions to existing schools; provided all setbacks are met, required parking and landscaping are provided, and the cumulative square footage of the added building or buildings comprises no more than 20 percent of the original permanent building square footage. Proposals which exceed this threshold shall require a conditional use permit. (Ord. 2120 § 2 (Exh. B), 2013; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1845 § 1, 2001; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.080 Essential public facilities.

A.    Use Table.

Essential Public Facilities

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Airports/heliports (1)(2)

 

 

 

 

 

 

C

C

C

C

C

Community colleges, colleges and universities, 10 acres or more in land area (1)(2)

 

 

 

 

 

 

C

C

C

C

C

Correctional facilities (1)(2)

 

 

 

 

 

 

 

 

 

 

C

Electrical transmission lines of higher voltage than 115 kV, in existing corridors of such transmission lines (1)(2)

P

P

P

P

P

P

P

P

P

P

P

Electrical transmission lines of higher voltage than 115 kV, in new corridors (1)(2)

C

C

C

C

C

C

C

C

C

C

C

Freeways (1)(2)

C

C

C

C

C

C

C

C

C

C

C

In-patient facilities including but not limited to substance abuse facilities and mental health facilities (1)(2)

 

 

 

 

 

 

C

 

C

C

C

Military installations (1)(2)

 

 

 

 

 

 

C

C

C

C

C

Professional sports team stadiums or arenas (1)(2)

 

 

 

 

 

 

 

C

C

C

.

Essential Public Facilities

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Public agency animal control facilities (1)(2)

C

 

 

 

 

 

C

C

C

C

C

Secure community transition facilities (SCTFs) (1)(2)(3)

 

 

 

 

 

 

 

 

 

 

C

Solid waste landfills (1)(2)

 

 

 

 

 

 

 

 

 

C

C

Solid waste transfer stations (1)(2)

 

 

 

 

 

 

 

 

 

C

C

Transit bus, train, or other high capacity vehicle bases (1)(2)

 

 

 

 

 

 

 

 

 

C

C

Waste water treatment facilities (1)(2)

 

 

 

 

 

 

 

 

 

C

C

Work release facilities (1)(2)

 

 

 

C

C

C

C

C

C

C

C

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    RCW 36.70A.200, the Growth Management Act, requires cities to include in their comprehensive plans a process for identifying and siting essential public facilities (EPFs). Essential public facilities are described in the Act as those facilities which are typically difficult to site, but are needed to support orderly growth and delivery of services. The Act states that no local comprehensive plan or development regulation may preclude the siting of essential public facilities.

2.    Essential public facilities shall require a conditional use permit. In addition to the regular conditional use permit review criteria, the following shall apply:

a.    Documentation of Need. Project sponsors must demonstrate the need for their proposed EPFs. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities and projected demand for this type of essential public facility.

b.    Consistency with Sponsor’s Plans. The proposed project should be consistent with the sponsor’s own long-range plans for facilities and operations.

c.    Consistency with Other Plans. The proposal must demonstrate the relationship of the project to local, regional and state plans. The proposal should be consistent with the comprehensive plan and other adopted plans of the prospective host community. In evaluating this consistency, consideration shall be given to urban growth area designations and critical area designations, population and employment holding capacities and targets, and the land use, capital facilities and utilities elements of these adopted plans.

d.    Relationship of Service Area to Population. The facility’s service area population should include a significant share of the host community’s population, and the proposed site should be able to reasonably serve its overall service area population. However, linear transmission facilities are exempt from this criterion. Equitable distribution would preclude siting of SCTFs for both counties in Bothell.

e.    Minimum Site Requirements. Sponsors shall submit documentation showing the minimum siting requirements for the proposed facility. Site requirements may be determined by the following factors: minimum size of the facility, access, support facilities, topography, geology, and mitigation needs. The sponsor shall also identify future expansion needs of the facility.

f.    Alternative Site Selection. The project sponsor shall search for and investigate alternative sites before submitting a proposal for siting review. The proposal shall indicate whether any alternative sites have been identified that meet the minimum site requirements of the facility. The sponsor’s site selection methodology will also by reviewed. Where a proposal involves expansion of an existing facility, the documentation shall indicate why relocation of the facility to another site would be infeasible.

g.    Distribution of Essential Public Facilities. In considering a proposal, the city shall examine the overall distribution of essential public facilities within King and Snohomish Counties to avoid placing an undue burden on any one community. Equitable distribution would preclude siting of SCTFs for both counties in Bothell.

h.    Public Participation. Sponsors shall encourage local public participation in the development of the proposal, including mitigation measures. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. The sponsor’s efforts in this regard shall be evaluated.

i.    Consistency with Local Land Use Regulations. The proposed facility shall conform to local land use and zoning regulations that are consistent with the applicable county-wide planning policies. Compliance with other applicable local regulations shall also be required.

j.    Compatibility with Surrounding Land Uses. The sponsor’s documentation shall demonstrate that the site, as developed for the proposed project, will be compatible with surrounding land uses.

k.    Proposed Impact Mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area(s) and community(ies). Mitigation measures may include, but are not limited to, natural features that will be preserved or created to serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures shall be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment.

3.    Additional Siting Criteria for SCTFs.

a.    In no case shall a secure community transition facility (SCTF) be sited adjacent to, immediately across a street or parking lot from, or within the line-of-sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Line-of-sight has been estimated to be 600 feet from a risk potential activity or facility, which distance has been determined to be the maximum distance at which it is possible to reasonably visually distinguish and recognize individuals. Through the conditional use process, line-of-sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created which would reduce the line-of-sight to less than 600 feet.

b.    The site or building shall meet all of the security requirements of RCW 71.09.285.

c.    No SCTF may be located within 600 feet of any residentially zoned property.

d.    In mixed use zones, SCTFs may be located only in mixed use zones which do not have an R designation in the zone. (Ord. 1946 § 2, 2005; Ord. 1884 § 1, 2002; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.090 Government services, general.

A.    Use Table.

Government Services, General

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

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

 

 

 

 

 

 

P

P

P

P

P

Fire stations

C

C

C

C

C

C

P

P

P

P

P

Maintenance shops and vehicle and equipment parking and storage areas for general government services (1)

 

 

 

 

 

 

 

 

P

P

P

Police stations, including temporary holding cells (2)

C

C

C

C

C

C

P

P

P

P

P

Post offices

 

 

 

 

 

 

P

P

P

P

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    a.    Service and car wash bay openings shall be oriented away from residential uses or screened from such uses by a combination of fencing and landscaping; where a service or car wash bay opening would be oriented towards an abutting R-zoned property, noise shall be reduced by means of an intervening building or buildings, freestanding walls, doors or other devices for enclosing the car wash, or other methods determined by the community development director to be effective for reducing noise. In any case, noise shall be controlled so as to comply with BMC 8.26.040.

b.    Storage of vehicles and equipment shall be located behind buildings or screened from adjacent streets and properties by a combination of fencing and landscaping.

2.    Temporary holding cells may include overnight stays. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1845 § 1, 2001; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.100 Health and social services.

A.    Use Table.

Health and Social Services (1)

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Day care centers in existing schools (2)

P

P

P

P

P

P

P

P

P

P

 

Day care centers in new schools and in existing or new churches (2)

C

C

C

C

C

C

P

P

P

P

 

Day care centers providing care for children and/or adult relatives of owners or renters of dwelling units located on the same site (2, 3)

 

 

 

C

C

C

 

 

 

 

 

Day care centers providing care for children and/or adult relatives of employees of a separate business establishment located on the same site (2, 3)

 

 

 

 

 

 

P

P

P

P

 

Day care centers, independent (2)

 

 

 

C

C

C

P

P

P

P

 

Hospitals

 

 

 

 

 

 

C

 

C

C

 

Human service agency offices

 

 

 

 

 

 

P

P

P

P

 

Medical, dental, psychological, psychiatric, osteopathic, naturopathic, chiropractic, physical therapy or other clinics

 

 

 

 

 

 

P

P

P

P

 

Pharmacies

 

 

 

 

 

 

P

P

P

P

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    Family day care, adult family homes and other health and social services which are residential in nature are regulated under BMC 12.06.140, Residential uses.

2.    Includes adult and child day care, subject to all state licensing requirements. Day care centers in the R 4,000 and R 2,800 zones shall incorporate residential design features.

3.    Day care centers providing care for children and/or adult relatives of owners or renters of dwelling units located on the same site, and day care centers providing care for children and/or adult relatives of employees of a separate business establishment located on the same site, shall be given the following allowances to encourage development of such uses:

a.    Such day care centers shall not be required to provide parking for the day care use in addition to parking required for the primary business or the dwelling units; and

b.    Such day care centers may provide care for children and/or adults other than those related to employees of the on-site business or the owners or renters of the on-site dwelling units. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1798 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.110 Lodging.

A.    Use Table.

Lodging

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Bed and breakfast guest houses (1)

P

 

P

P

P

P

P

P

P

 

 

Campgrounds (2)

C

C

C

C

C

C

C

 

 

 

 

Hostels

 

 

 

 

 

 

P

P

P

P

 

Hotels and motels

 

 

 

 

 

 

P

 

P

P

P

Recreational vehicle parks (2)

C

C

C

C

C

C

C

 

 

C

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    a.    Bed and breakfast guest houses may be converted from existing residences or newly constructed residences, but shall not contain more than four bedrooms for guests in the R 40,000, R 5,400d and R 5,400a zones.

b.    Parking for bed and breakfast guest houses shall be limited to that which can be accommodated in a garage and driveway. No such garage or driveway shall be wider than that necessary to park three vehicles abreast. No on-street parking shall be allowed.

c.    The establishment shall be operated in such a manner as to give no outward appearance nor manifest any characteristics of a business that would be incompatible with the ability of the neighboring residents to enjoy peaceful occupancy of their properties.

d.    The owner shall operate the establishment and reside on the premises.

e.    Meal service shall be limited to serving overnight guests of the establishment. Kitchens shall not be allowed in individual guest rooms.

2.    Campgrounds and recreational vehicle parks shall be a minimum of 10 acres, and may be combined. Such uses shall include shower and restroom facilities connected to public water and sanitary sewer services, a paved roadway which provides access to each campsite and recreational vehicle site in the development, and Type III landscaping around the perimeter of the development in accordance with Chapter 12.18 BMC. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.120 Manufacturing, distribution, storage and warehousing.

A.    Use Table.

Manufacturing, Distribution, Storage, and Warehousing

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Bakery, wholesale (1)

 

 

 

 

 

 

 

 

 

P

P

Breweries, distilleries and wineries (1)

 

 

 

 

 

 

 

 

 

P

P

Contractors’ shops (2)

 

 

 

 

 

 

 

 

P

P

P

Distribution

 

 

 

 

 

 

 

 

 

P

P

Manufacturing

 

 

 

 

 

 

 

 

 

P

P

Outdoor storage yards (2)

 

 

 

 

 

 

 

 

 

P

P

Research, development and testing

 

 

 

 

 

 

P

 

 

P

P

Self-service warehouses (“mini-warehouses”)

 

 

 

 

 

 

 

 

P

P

P

Warehouse and wholesale trade

 

 

 

 

 

 

 

 

 

 

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    Wholesale bakeries, breweries, distilleries and wineries may contain retail outlets.

2.    Any outside storage shall be screened from view from the street and adjacent properties by fences, walls, earth berms, landscaping, or any combination of these features. In the CB zone, only inside storage shall be allowed. However, properties located within the Canyon Park, North Creek, and Downtown 180th St./Riverfront subareas within a Motor Vehicle Sales Overlay (MVSO) designation having the required city authorization may have outdoor display and/or storage of motor vehicles subject to the provisions of the subarea. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1853 § 1, 2001; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.130 Recreation, culture and entertainment.

A.    Use Table.

Recreation, Culture and Entertainment

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Adult entertainment facilities (1)

 

 

 

 

 

 

 

 

 

P

 

Amusement arcades

 

 

 

 

 

 

 

P

P

P

 

Amusement parks

 

 

 

 

 

 

 

 

 

C

 

Art galleries

 

 

 

 

 

 

P

P

P

P

 

Baseball, football, soccer, tennis and other sports fields and courts (2)

P

P

P

P

P

P

P

P

P

P

P

Beaches and other natural water-oriented play areas

P

P

P

P

P

P

P

P

P

P

P

Bingo halls

 

 

 

 

 

 

 

P

P

P

 

Bowling centers and billiard parlors

 

 

 

 

 

 

 

P

P

P

 

Community centers

C

C

C

C

C

C

P

P

P

P

P

Fitness clubs

 

 

 

 

 

 

P

P

P

P

P

Golf courses

C

C

C

 

 

 

 

 

 

 

 

Golf driving ranges (3)

C

C

C

 

 

 

 

 

P

P

P

Golf, miniature

 

 

 

 

 

 

 

 

P

P

 

Indoor recreation facilities (6)

 

 

 

 

 

 

 

P

P

P

P

Libraries

C

C

C

P

P

P

P

P

P

P

 

Marinas

 

 

 

 

 

 

 

 

P

P

P

Movie theaters

 

 

 

 

 

 

 

P

P

P

 

Museums

 

 

 

 

 

 

P

P

P

P

 

Parks

P

P

P

P

P

P

P

P

P

P

P

Performing arts facilities

 

 

 

 

 

 

C

C

P

P

 

Riding arenas (5)

C

 

 

 

 

 

 

 

 

P

P

Riding stables (4)

P

 

 

 

 

 

 

 

 

P

P

Shooting or archery ranges, indoor

 

 

 

 

 

 

 

P

P

P

P

Skating arenas

 

 

 

 

 

 

 

P

P

P

P

Stadiums, not including stadiums for professional sports teams

C

C

C

C

C

C

C

C

C

C

C

Swimming pools

P

P

P

P

P

P

P

P

P

P

P

Video rentals

 

 

 

 

 

 

 

P

P

P

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    Adult entertainment facilities are allowed only on General Commercial-zoned properties which are located west of Bothell Way NE (SR-522) south of a point approximately 300 feet south of the intersection of SR-522 and Hall Road, and which have frontage on SR-522. No more than three adult entertainment establishments shall be allowed within this area at one time. Adult entertainment facilities shall be subject to the following special conditions:

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

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

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

(1)    Expressive dance;

(2)    Plays, operas, musicals, or other dramatic works;

(3)    Classes, seminars, or lectures conducted for a scientific or educational purpose;

(4)    Printed materials or visual representations intended for educational or scientific purposes;

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

(6)    Nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and

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

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

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

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

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

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

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

(1)    Subject to subsections (B)(1)(e)(2) and (3) of this section, signage and other informational material on the building shall be limited to one sign flush with the building front as defined by this code, and shall be limited to the name of the establishment, street address, the days and hours of operation, restrictions on the age of persons to be admitted to the building, and identification of the stock-in-trade or adult entertainment offered therein.

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

(3)    Nowhere on the building visible to passersby outside the building shall appear any drawings or pictures or other depictions representing the sexually oriented materials and/or performances of such adult entertainment facilities.

2.    Any lighting or public address system on a sports field or court located on R-zoned land shall be turned off by an automatically timed mechanism no later than 10:00 p.m. Field or court lighting fixtures shall minimize scattering of light beyond the field or court being illuminated. Adequate parking shall be provided on-site to accommodate all participants’ and spectators’ vehicles. Parking need shall be determined for each proposed facility based on a demand analysis provided by the applicant.

3.    Within residential zoning classifications, golf driving ranges shall be allowed only as accessory uses to golf courses.

4.    Riding stables are private or public open air areas where equine boarding and equestrian riding activities occur at the same site. Sites hosting riding stables shall be limited in the number of horses to those criteria contained under BMC 12.06.030.

5.    Riding arenas are private or public facilities devoted to spectator viewing of equestrian activities. Riding arenas may be indoor or outdoor with spectator seating, temporary or permanent equine boarding facilities, and accessory uses.

6.    Indoor recreation areas are those recreational uses contained entirely within an enclosed building. Indoor recreational facilities shall provide parking, setbacks, landscaping, and other improvements consistent with the use that most closely resembles the specific type of recreational use placed within the building. No portion of the use may be placed outside of the building. (Ord. 2025 § 2 (Exh. C), 2009; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1697 § 3, 1997; Ord. 1629 § 1, 1996).

12.06.140 Residential uses.

A.    Use Table.

Residential Uses

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Adult family homes (1)

P

P

P

P

P

P

P

P

P

P

P

Domestic animals, keeping of (2)

P

P

P

P

P

P

 

 

 

 

 

Dormitories, fraternities and sororities (3)

C

C

C

P

P

P

P

P

P

P

 

Dwelling units, accessory (4)

P

P

P

P

P

P

 

 

 

 

 

Dwelling units, primary, one unit per structure, detached (“single-family”) (5)

P

P

P

P

P

P

 

 

 

 

 

Dwelling units, primary, two units per structure (“duplex”) (6)

 

 

P (R 5,400a)

P

P

P

 

 

 

 

 

Dwelling units, primary, three or more units per structure (“multifamily”) (6)

 

 

P (R 5,400a)

P

P

P

 

 

 

 

 

Family day care (7)

P

P

P

P

P

P

P

P

P

P

P

Home occupations (8)

P

P

P

P

P

P

 

 

 

 

 

Households of more than six unrelated persons (9)

 

 

 

 

 

 

 

 

 

 

 

Mobile home parks (10)

C

C

C

C

C

 

 

 

 

 

 

Mobile and/or manufactured homes, in mobile/manufactured home parks (10)

P

P

P

P

P

 

 

 

 

 

 

Nursing homes (11)

 

 

 

C

C

C

C

C

C

C

 

Residential care facilities (12)

P

P

P

P

P

P

 

 

 

 

 

Rooms for roomers or boarders (13)

P

P

P

P

P

P

 

 

 

 

 

Rooms for the use of domestic employees of the owner, lessee, or occupant of the primary dwelling (14)

P

P

P

P

P

P

 

 

 

 

 

Specialized senior housing (11)

 

 

 

C

C

C

C

C

C

C

 

Uses customarily accessory to permitted principal uses, including but not limited to garages, garden houses, tool sheds, playhouses or other play structures, greenhouses, swimming pools, and boat moorage (15)

P

P

P

P

P

P

 

 

 

 

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development Conditions.

1.    Adult family homes are permitted, subject to obtaining a state license in accordance with Chapter 70.128 RCW and the following:

a.    Compliance with all building, fire, safety, health code, and city licensing requirements;

b.    Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located.

2.    Keeping of animals shall not constitute a public nuisance which endangers the public health, safety or general welfare, in accordance with BMC Title 6, Animals. Suitable structures or fences shall be provided to restrain animals from leaving the premises. Animals other than and in excess of those permitted by this title shall require a conditional use permit. The raising and keeping of animals for agricultural purposes is regulated under BMC 12.06.030.

    The following domestic animals are permitted in residential uses; provided, that hobby kennels or catteries and special hobby kennels or catteries may increase the number of adult dogs and cats, pursuant to Chapter 6.12 BMC:

a.    Three or fewer adult dogs per dwelling unit;

b.    Three or fewer adult cats per dwelling unit;

c.    A total of three adult dogs or three adult cats per dwelling unit; provided, that any combination of adult dogs and adult cats shall not exceed four;

d.    Three or fewer adult rabbits per dwelling unit;

e.    The keeping of chickens shall comply with the following:

(1)    The number of chickens allowed shall be based upon the following:

(A)    No chickens may be kept on properties less than 5,000 square feet in area or on properties within the R 2,800, R 4,000, DT, DN, DC, GDC, 522 and R-AC zoning classifications, except for those properties within the aforementioned zones which contain one single-family residence may keep the number of chickens allowed herein;

(B)    Up to five total adult chickens on properties of 5,000 to 7,200 square feet;

(C)    Up to eight total adult chickens on properties of 7,200 to 35,000 square feet; and

(D) Up to eight total adult chickens on properties larger than 35,000 square feet plus one additional adult chicken for each 1,000 square feet of additional lot area beyond 35,000 square feet;

(2)    Coops, sheds, or structures, including chicken tractors (small portable cages that are moved periodically), used to house chickens shall be set back per the accessory setback requirements of Chapter 12.14 BMC;

(3)    Juvenile chickens, or chicks, less than 30 days old shall not be counted toward the total number of allowed adult chickens; and

(4)    Adult roosters are prohibited;

f.    Three or fewer adult non-chicken fowl per dwelling unit;

g.    Gerbils, guinea pigs, hamsters, mice, caged birds;

h.    Nonvenomous reptiles and amphibians;

i.    Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit;

j.    In addition to the maximum number of adult animals permitted, offspring from females are permitted at any given time until those offspring are able to survive independently.

3.    Dormitories, fraternities and sororities shall be permitted as accessory uses to public or private educational institutions or churches.

4.    Accessory dwelling units are permitted when added to, created within, or detached from a dwelling unit subject to the following restrictions:

a.    Either the primary dwelling unit or the accessory dwelling unit shall be occupied by an owner of the property or by an immediate family member of the property owner. The owner must occupy one of the dwelling units on the property for more than six months of each calendar year.

b.    The total number of occupants in both the primary residence and accessory dwelling unit combined may not exceed the maximum number allowed in a household per subsection (B)(9) of this section.

c.    Wherever practicable, a house shall have only one entrance on the front, with additional entrances permitted on the side and rear. On corner lots, it is permissible to locate the entry door to the accessory dwelling unit on a street side of the structure other than the street side with the entry door for the principal unit. The entrance to an accessory dwelling unit may be on the front of the house only if it is located in such a manner as to be clearly secondary to the main entrance to the principal unit, is screened from the street and shall not detract from or alter the single-family character of the principal unit.

d.    Paved off-street parking shall be provided for at least one stall in addition to any parking required for the primary dwelling unit; such parking shall consist of a driveway, garage or a combination thereof, located on the lot they are intended to serve.

e.    The size of an accessory dwelling unit shall be limited as follows:

(1)    The floor area devoted to an accessory dwelling unit shall comprise no more than 40 percent of the total floor area of the primary dwelling unit and the accessory dwelling unit combined, excluding any garage area; or 800 square feet, whichever is less. If the accessory unit is completely located on a single floor, the director may allow increased size in order to efficiently use all floor area.

(2)    Accessory dwelling units are exempt from the provisions of BMC 12.14.130 which limit the size of accessory buildings to five percent of lot area.

f.    Any accessory dwelling construction which involves exterior walls shall be designed so as to be similar in style, color and building materials to the primary detached dwelling, and shall conform to all dimensional standards of the zoning classification in which the dwelling is located.

g.    A single-family residence shall contain no more than one accessory dwelling unit.

h.    The property owner shall apply for an accessory dwelling unit permit with the building department and pay any applicable ADU application fee as set by the city. The application shall include an affidavit signed by the property owner agreeing to all the general requirements outlined in this section.

i.    Approval of the accessory dwelling unit shall be subject to the applicant recording a document with the King County or Snohomish County department of records and elections which runs with the land and identifies the address of the property, states that the owner(s) resides in either the principal dwelling unit or the accessory dwelling unit, includes a statement that the owner(s) will notify any prospective purchasers of the limitations of this section, and provides for the removal of the accessory dwelling unit if any of the requirements of this chapter are violated.

j.    If an ADU was created without a building permit that was finalized, the city shall require a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and meets the requirements of this section and building code. The ADU application fee will cover the building inspection of the ADU. This fee will be waived if the ADU permit is applied for within two years of the effective date of the ordinance codified in this section.

5.    Detached primary dwelling units, or single-family dwelling units, include site-built homes, type A manufactured homes and modular homes. Modular homes on individual lots shall incorporate design features of typical site-built homes including but not limited to modulation, articulation, sloped roofs, and wood siding or siding of a material which imitates wood.

6.    In the R 5,400d zone, permitted primary dwelling units are detached single-family dwellings only. In the R 5,400a zone, permitted primary dwelling units may include detached single-family dwellings, duplexes and/or multifamily units, in accordance with subarea regulations.

7.    Family day care is a permitted use, subject to obtaining a state license in accordance with Chapter 74.15 RCW and the following:

a.    Compliance with all building, fire, safety, health code, and city licensing requirements;

b.    Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located;

c.    Certification by the office of child care policy licensor that a safe passenger loading area, if necessary, is provided.

8.    Home occupations are permitted subject to the following:

a.    The home occupation shall be subordinate to the primary use of the premises as a dwelling unit.

b.    All activities of the home occupation shall be conducted indoors.

c.    The business shall be conducted by a member of the family residing within the primary residential premises plus no more than one additional person not residing in the dwelling unit.

d.    Home occupations may have on-site client contact subject to the following limitations:

(1)    All the activities of the home occupation shall take place inside the primary residential structure or accessory building;

(2)    The home occupation shall generate no more than two vehicle trips per hour to the licensed residence, except that for one continuous three-hour period per month, the home occupation may generate up to 10 vehicle trips; and

(3)    The home occupation shall not create a public nuisance as defined and regulated in Chapter 8.24 BMC.

e.    The following activities shall be prohibited:

(1)    Automobile, truck, boat and heavy equipment repair;

(2)    Auto or truck body work or boat hull and deck work;

(3)    Parking and storage of heavy equipment;

(4)    Storage of building materials for use on other properties;

(5)    Painting or detailing of autos, trucks, boats, or other items;

(6)    The outside storage of equipment, materials or more than one vehicle related to the business;

(7)    Vehicles larger than 10,000 pounds gross weight operated out of the premises or parked on the property or on adjacent streets; and

(8)    Taxicab, van shuttle, limousine or other transportation services, except for office activities; provided all other requirements of this subsection concerning home occupations are met.

f.    Home occupations shall not be allowed in accessory buildings within the rear yard setback.

g.    Home occupations in accessory buildings shall not permit noise to intrude into another residential property at a level at or above 45 decibels outside the hours of 7:00 a.m. through 6:00 p.m. Monday through Friday, and 9:00 a.m. through 5:00 p.m. on Saturday.

9.    Households of more than six persons in which any one person is unrelated to any or all of the others are not permitted, except that the community development director may allow larger numbers of unrelated persons to live together in a household in two situations: through a grant of special accommodation, available only to domestic violence shelters as defined in BMC Title 11, Administration of Development Regulations, and through a grant of reasonable accommodation when necessary to comply with the provisions of the Federal Housing Act amendments, RCW 49.60.222, or RCW 35.63.220.

a.    The director may grant special accommodation to individuals who are residents of domestic violence shelters in order to allow them to live together in groups of between nine and 15 persons in single-family dwelling units subject to the following:

(1)    An application for special accommodation must demonstrate to the satisfaction of the director that the needs of the residents of the domestic violence shelter make it necessary for the residents to live together in a group of size proposed, and that adverse impacts on the neighborhood from the increased density will be mitigated.

(2)    The director shall take into account the size, shape and location of the dwelling unit and lot, the building occupancy load, the traffic and parking conditions on adjoining and neighboring streets, the vehicle usage to be expected from residents, staff and visitors, and any other circumstances the director determines to be relevant as to whether the proposed increase in density will adversely impact the neighborhood.

(3)    An applicant shall modify the proposal as needed to mitigate any adverse impacts identified by the director, or the director shall deny the request for special accommodation.

(4)    A grant of special accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the director’s decision. If circumstances materially change or the number of residents increases, or if adverse impacts occur that were not adequately mitigated, the director shall revoke the grant of special accommodation and require the number of people in the dwelling to be reduced to eight unless a new grant of special accommodation is issued for a modified proposal.

(5)    A decision to grant special accommodation is a Type I action. The decision shall be recorded with the King or Snohomish County auditor.

b.    When necessary to comply with the provisions of the Federal Fair Housing Act amendments, RCW 49.60.222, or RCW 35.63.220, the director may grant reasonable accommodation to individuals in order for them to live in a household of more than eight persons, subject to the following:

(1)    An applicant for reasonable accommodation must demonstrate to the satisfaction of the director that the special needs of the proposed residents makes it necessary for them to live in a household of the size proposed in order to have equal opportunity to use and enjoy a dwelling.

(2)    The director shall determine what adverse land impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. The director shall take into account the size, shape and location of the dwelling unit and lot, the building occupancy load, the traffic and parking conditions on adjoining and neighboring streets, the vehicle usage to be expected from residents, staff and visitors, and any other circumstances the director determines to be relevant as to whether the proposed increase in density will adversely impact the neighborhood.

(3)    The director shall consider the applicant’s need for accommodation in light of the anticipated land use impacts, and the director may impose conditions in order to make the accommodation reasonable in light of those impacts.

(4)    A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the director’s decision. If the director determines that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the director shall rescind or modify the decision to grant reasonable accommodation.

(5)    A decision to grant reasonable accommodation is a Type I action. The decision shall be recorded with the King or Snohomish County auditor.

(6)    Nothing herein shall prevent the director from granting reasonable accommodation to the full extent required by federal or state law.

10.    Mobile and/or (type B) manufactured homes are allowed only in mobile/manufactured home parks developed in accordance with Chapter 12.08 BMC.

11.    See BMC 12.04.035, Specialized Senior Housing Overlay (SSHO) zoning classification; Chapter 12.10 BMC, Specialized Senior Housing and Nursing Homes, and BMC 12.66.060, Specialized Senior Housing Overlay in the vicinity of the Northshore Senior Services Center – R 9,600, SSHO zoning.

12.    Residential care facilities means facilities which care for at least five but not more than 15 functionally disabled persons, and which are not licensed as an adult family home pursuant to Chapter 70.128 RCW. Residential care facilities are subject to the following:

a.    Compliance with all building, fire, safety, health code, and state and city licensing requirements;

b.    Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which the home is located;

c.    A safe passenger loading area shall be provided, if determined necessary by the director.

13.    The number of roomers or boarders plus persons in the resident family shall not exceed eight, except as provided in subsection (B)(9) of this section.

14.    If such rooms meet the definition of a dwelling unit, the requirements for accessory dwelling units shall be met.

15.    Accessory buildings shall be limited to a maximum building coverage of five percent as established in BMC 12.14.030. Garages and carports located in R 8,400, R 7,200, R 5,400d, R 5,400a, R 4,000 and R 2,800 zoned properties may exceed the five percent coverage limitation provided the garage or carport does not exceed 480 square feet in area. Accessory buildings shall be consistent with BMC 12.14.130 which addresses accessory building height and design. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2171 § 3 (Exh. C), 2015; Ord. 2141 § 2 (Exh. B), 2014; Ord. 2140 § 2 (Exh. B), 2014; Ord. 2043 § 2 (Exh. B), 2010; Ord. 1995 § 1, 2008; Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1871 § 1, 2002; Ord. 1817 § 1, 2000; Ord. 1815 § 1, 2000; Ord. 1685, 1997; Ord. 1661 § 1, 1996; Ord. 1629 § 1, 1996).

12.06.150 Retail uses.

A.    Use Table.

Retail Uses

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Apparel and accessory stores

 

 

 

 

 

 

 

P

P

P

 

Appliance and electronic stores

 

 

 

 

 

 

 

P

P

P

 

Auto supply stores

 

 

 

 

 

 

 

P

P

P

 

Bakeries

 

 

 

 

 

 

 

P

P

P

 

Boat sales or rental, new or used (1)

 

 

 

 

 

 

 

 

P

P

 

Book stores

 

 

 

 

 

 

 

P

P

P

 

Building materials stores (1)

 

 

 

 

 

 

 

 

P

P

 

Bulk retail stores

 

 

 

 

 

 

 

 

P

P

 

Convenience stores

 

 

 

 

 

 

 

P

P

P

 

Delicatessens

 

 

 

 

 

 

 

P

P

P

P

Department and variety stores

 

 

 

 

 

 

 

 

P

P

 

Drug stores

 

 

 

 

 

 

 

P

P

P

 

Equipment or tool sales or rental, new or used (1)

 

 

 

 

 

 

 

 

P

P

 

Florists

 

 

 

 

 

 

 

P

P

P

 

Furniture and home furnishings stores

 

 

 

 

 

 

 

P

P

P

 

Grocery stores

 

 

 

 

 

 

 

P

P

P

 

Hardware stores

 

 

 

 

 

 

 

P

P

P

 

Heavy equipment and heavy vehicles sales or rental, new or used

 

 

 

 

 

 

 

 

 

P

 

Mobile or modular home sales or rental, new or used (1)

 

 

 

 

 

 

 

 

P

P

 

Motor vehicle sales or rental, new or used (1)

 

 

 

 

 

 

 

 

P

P

 

Office supply stores

 

 

 

 

 

 

 

P

P

P

 

Open air markets

 

 

 

 

 

 

 

P

P

P

 

Recreational vehicle sales or rental, new or used

 

 

 

 

 

 

 

 

 

P

 

Second hand stores

 

 

 

 

 

 

 

P

P

P

 

Sporting goods stores

 

 

 

 

 

 

 

P

P

P

 

Any other retail business the primary activity of which is the sale of merchandise in an enclosed building

 

 

 

 

 

 

 

P

P

P

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    The uses denoted shall be permitted in the Community Business zone provided at least 50 percent of the space devoted to the display and/or storage of products for sale or rent is enclosed within a building allowed. However, properties located within the Canyon Park, North Creek, and Downtown 180th St./Riverfront subareas within a Motor Vehicle Sales Overlay (MVSO) designation having the required city authorization may have outdoor display and/or storage of motor vehicles subject to the provisions of the subarea. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1853 § 1, 2001; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.160 Temporary uses.

A.    Use Table.

Temporary Uses

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Amusement rides, carnivals or circuses

 

 

 

 

 

 

 

P

P

P

 

Christmas tree lots

 

 

 

 

 

 

P

P

P

P

 

Community festivals and street fairs

 

 

 

 

 

 

 

P

P

P

 

Construction sheds or trailers (1)

P

P

P

P

P

P

P

P

P

P

P

Fireworks stands

 

 

 

 

 

 

 

P

P

P

 

Parking lot and sidewalk sales

 

 

 

 

 

 

 

P

P

P

 

Wireless communication facilities (2)

P

P

P

P

P

P

P

P

P

P

P

Seasonal sales of flowers or produce

 

 

 

 

 

 

 

P

P

P

 

Transitory accommodations (3)

P

P

P

P

P

P

P

P

P

P

P

Yard and garage sales

P

P

P

P

P

P

 

 

 

 

 

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

 

B.    Development and Operating Conditions.

1.    Construction sheds and trailers are permitted on the subject property or on adjacent property with permission of the owner for the duration of the construction activity; provided, that such sheds and trailers are located in conformance with all required setbacks and no residential or other use shall be made of such sheds or trailers which is unrelated to the construction activity.

2.    Temporary WCFs as defined in BMC 12.11.020 are permitted for the following purposes:

a.    Evaluating the technical feasibility of locating a permanent WCF upon the subject property, not to exceed three consecutive days.

b.    Providing emergency communications services during natural disasters or other emergencies which may threaten the public health, safety and welfare.

c.    Providing signal coverage for a temporary special event, such as a news event, community activity, sporting event or other special event, for up to five consecutive days; provided, that additional days may be approved by the director.

    The placement and use of temporary WCFs shall conform to required setbacks as specified in Chapter 12.11 BMC and shall be maintained in a good and safe condition, and shall comply with all federal, state and local rules and regulations. No person may extend the allowable time for a temporary WCF through trivial or minimal movements of the temporary WCF.

3.    “Transitory accommodations” shall mean tents, sheds, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes. Transitory accommodations are permitted provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact the community in any way, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the community. Transitory accommodations can vary widely in their characteristics, which include but are not limited to size of site, surrounding land uses, duration, number of occupants, noise generation, and light and glare emanation. Accordingly, certain types of transitory accommodations may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed transitory accommodation consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a permit for a transitory accommodation proposal, after consideration of the performance criteria set forth herein.

a.    Process.

(1)    A transitory accommodation permit shall be required prior to the commencement of such a use, unless the community development director determines, after consideration of the performance criteria set forth in this section, that the proposed transitory accommodation possesses no characteristics which might adversely impact the community. The prospective transitory accommodation host (property owner and lessee, if applicable), sponsor and manager shall jointly apply for the transitory accommodation permit and shall be equally responsible for compliance with all conditions of the permit. “Applicant,” as used in these regulations, shall mean the transitory accommodation host, sponsor and manager. “Proponent,” as used in these regulations, shall mean the prospective host, sponsor and manager prior to submittal of an application for a transitory accommodation permit.

(2)    A transitory accommodation permit is a Type II action and shall be processed accordingly, as set forth in BMC Title 11, Administration of Development Regulations, except that a pre-application conference and transportation concurrency review shall not be required. The permit fee shall be established by resolution of the city council.

(3)    The applicant shall identify potential adverse effects of the proposed transitory accommodation on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a transitory accommodations impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the transitory accommodation. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in subsection (B)(3)(b) through (f) of this section, except for criteria specifically waived by the community development director.

    The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and organization of the mitigation plan shall be as specified by the community development director, but the elements of the plan shall be bound together. The approved transitory accommodation impact mitigation plan shall be signed by the community development director and the applicant, and implementation and enforcement of the plan shall be a condition of permit approval.

(4)    Advance Discussions with Nearby Child Care Facilities and Schools.

(A)    Prior to applying for a transitory accommodation permit, the proponent shall provide written notice to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed transitory accommodations site, and shall seek comments from said child care facility and school administration.

(B) Where no comments are received, or where said child care facility(ies) or the administration of said school(s) is supportive of the proposal, the proponent shall submit an affidavit to this effect with the application.

(C)    Where said child care facility(ies) or the administration of said school(s) registers objections or concerns regarding the proposed transitory accommodations, the proponent shall attempt to resolve such objections or concerns via a negotiated mitigation plan between the proponent and the child care facility(ies) or school(s). Such a plan shall be submitted with the application and shall be incorporated in the conditions of the permit. Where the negotiations do not result in a mutually agreed upon mitigation plan within 30 days of receipt by the child care facility or school administration of the initial notice from the proponent, but the parties desire to continue to pursue resolution of the issues, the parties may request mediation services from or through the city. In the event the parties cannot reach agreement after a good faith effort of at least 30 days from receipt by the child care facility or the school administration of the initial notice from the proponent, the proponent may submit an application but shall provide a record of the negotiations between the parties, including but not limited to copies of all correspondence and meeting notes. In evaluating the application against the performance criteria set forth herein, the director shall consider the topic(s) of the unsuccessful negotiations and the extent to which the parties demonstrated good faith in their discussions. “Good faith” in this context shall mean a recognition of the legitimacy of, and a willingness to reasonably accommodate, each party’s needs, desires and concerns.

(5)    Decisions of the community development director and/or police chief may be appealed. Such appeals shall be heard and decided by the hearing examiner in accordance with the procedures set forth in BMC 11.12.010.

(6)    Emergencies. The community development director may waive these requirements when a natural or manmade disaster necessitates the immediate establishment of transitory accommodations.

(7)    Failure to Comply. If a transitory accommodation permit has been issued, and the community development director determines that the applicant has violated any condition of that permit, the director shall issue a notice of violation and require compliance in accordance with the procedures set forth in Chapter 11.20 BMC, Enforcement. Failure to correct the violation after a reasonable time for compliance shall result in revocation of the permit. In such an event all activities associated with the accommodation shall cease immediately and the site shall immediately be vacated and restored to its pre-accommodation condition.

b.    Site Performance Criteria.

(1)    Size. The site shall be of sufficient land area to support the activities of the transitory accommodation without overcrowding of occupants, intruding into required setbacks or critical areas, destroying vegetation, eroding soils or otherwise overtaxing the land. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the location of the proposed transitory accommodation on the host property; its area in square feet; and the proposed distribution of, and allocation of space for, anticipated activities including but not limited to sleeping, eating, socializing, and bathing and other personal functions.

(2)    Setbacks from Property Line. All activities of the transitory accommodation shall be set back from adjacent properties a sufficient distance so as not to impinge upon or otherwise unduly influence activities on said adjacent properties. The transitory accommodation shall be positioned on the property in the location that results in the least adverse impact to occupants of neighboring properties. The community development director may require the applicant to change the proposed location of the transitory accommodation to mitigate adverse impacts to occupants of neighboring properties. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating buildings and uses on properties surrounding the proposed transitory accommodation, and the distance the proposed accommodation would be set back from surrounding property lines. A transitory accommodation shall be set back no less than 20 feet from the exterior boundary lines of adjacent properties unless the owners of such properties consent in writing to a reduction or waiver of such setback.

(3)    Screening of Activities. Where deemed necessary by the community development director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a minimum six-foot-high temporary fence, an existing fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible.

(4)    Parking. Adequate parking for the transitory accommodation shall be provided so as not to reduce parking utilized by existing surrounding uses. Where deemed necessary by the community development director, the applicant shall provide a proposed parking plan which addresses the following:

(A)    A description of parking capacity, both on-site and on-street, that describes the amount and location of parking prior to the transitory accommodation and any displacement of parking resulting from the transitory accommodation; and

(B) Any circumstances which may reduce the normal demand for parking, such as off-peak-season use; and/or any mechanisms or strategies to reduce parking demand, such as the provision of shuttle buses for the use of occupants of the transitory accommodations, or the provision of shared parking agreements with adjacent uses.

(5)    Access to Public Transportation. Where occupants of a proposed transitory accommodation are anticipated to walk to public transportation services, said accommodation shall be located no farther than one-half mile walking distance from a regular public transportation stop.

(6)    Critical Areas. All proposed transitory accommodations shall comply with the city’s critical areas regulations as set forth in Chapter 14.04 BMC. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the presence and extent of any critical areas.

(7)    Restoration of Site. Upon cessation of the temporary accommodation, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the community development director, the applicant shall re-plant areas in which vegetation had been removed or destroyed.

c.    Duration Performance Criteria.

(1)    Length of Time. The proposed transitory accommodations shall be in operation the minimal length of time necessary to achieve the recreational, humanitarian or other objective(s) of the applicant. Where deemed necessary by the community development director, the applicant shall provide a narrative explaining the objective(s) the applicant seeks to achieve, and the amount of time the applicant believes necessary to achieve that objective. However, under no circumstances shall a proposed transitory accommodation be allowed in one location for more than 90 days, either consecutively or cumulatively, during any 12-month period, except that where the ninetieth day falls on a Friday, an additional two days shall be allowed to dismantle and remove the accommodation over the immediately following weekend.

d.    Health and Safety Performance Criteria. Transitory accommodations shall be operated in such a manner as to ensure the health and safety of occupants of the subject and surrounding properties. Accordingly, all transitory accommodations shall comply with the following:

(1)    Health Regulations. All applicable city, county and state regulations pertaining to public health shall be met.

(2)    Fire Safety. Inspections of the accommodation by the city for fire safety purposes may be conducted at any time and without prior notice. Adequate access, as determined by the fire marshal, shall be maintained within and around the accommodation at all times to ensure that emergency vehicles can ingress/egress the site.

(3)    Building Code Inspections. Inspections of the accommodation by the city to ensure the public health and safety with regard to structures may be conducted at any time and without prior notice.

(4)    Drinking Water and Solid Waste. An adequate supply of potable water shall be available on-site at all times. Adequate toilet facilities shall be provided on-site, as determined by the public works director. All city, county and state regulations pertaining to drinking water connections and solid waste disposal shall be met.

(5)    Trash. Adequate facilities for dealing with trash shall be provided on-site. A regular trash patrol or other method of regular maintenance in the immediate vicinity of the site shall be provided.

e.    Conduct and Security Performance Criteria.

(1)    Noise. Any transitory accommodation shall comply with city noise regulations as set forth in Chapter 8.26 BMC. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential noise impacts.

(2)    Light and Glare. Any transitory accommodation shall comply with city light and glare regulations as set forth in Chapter 8.64 BMC. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential light and glare impacts.

(3)    Security. Any transitory accommodation shall comply with city regulations regarding lawful behavior as set forth in BMC Title 9, Criminal Code. Any transitory accommodation shall provide all required legal access to public areas of the site by the city of Bothell police department and any other relevant law enforcement agency at all times. Additionally, where deemed necessary by the community development director or the police chief, the applicant shall provide for the following:

(A)    The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver’s license, government-issued identification card, military identification card, or passport, from all prospective and current camp residents.

(B)    The applicant will use such identification to obtain warrant and sex offender checks from the King or Snohomish County Sheriff’s office or other relevant authority. The anonymity of the requesting party shall be maintained.

(C)    If said check reveals that the subject of the check is a sex offender, required to register with the city, county or state authorities pursuant to RCW 9A.44.130, then the applicant shall immediately reject the subject of the check for residency in the transitory accommodation or eject the subject of the check if that person is currently a resident of the accommodation, and shall immediately notify the Bothell police department of such rejection or ejection.

(D)    If said check reveals that the subject of the check has an existing or outstanding warrant, then the applicant may select either of the following alternative actions:

(1)    Immediately reject or eject the subject of the check and immediately notify the Bothell police department of such rejection or ejection; or

(2)    Request the Bothell police department to confer with the agency or court of jurisdiction from which the warrant originated to determine whether or not said agency or court desires the warrant to be served. If the originating agency or court desires the warrant to be served, the Bothell police department shall do so immediately. If the originating agency or court declines warrant service, due to the minor nature of the offense for which the warrant was issued or for other reasons, the subject may enter or remain in the transitory accommodation; provided, that the applicant actively assists the subject in resolving the warrant.

(E)    The applicant shall keep a log of all individuals who stay overnight in the transitory accommodation, including names and dates. Logs shall be kept for a minimum of six months.

(F)    The applicant shall provide on-site security, as approved by the community development director in consultation with the city of Bothell police department.

(4)    Codes of Conduct. The applicant shall provide and enforce a written code of conduct which mitigates impacts to neighbors and the community. Said code shall be incorporated into the conditions of approval.

f.    Other Performance Criteria.

(1)    Indemnification. Except for religious organizations, the applicant shall defend, indemnify, and hold the city, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits of any nature, including attorney fees, due to the acts or omissions of the applicant in connection with the operation of the transitory accommodation.

(2)    Liability Insurance. Where deemed necessary by the community development director, with the exception of religious organizations, the applicant shall procure and maintain in full force, through the duration of the transitory accommodation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.

(3)    Other Criteria. Where deemed necessary, the community development director may identify other performance criteria; require the applicant to describe the potential impacts of the proposed transitory accommodation with respect to those criteria; and determine if measures are warranted to minimize or otherwise mitigate such impacts. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 2093 § 2 (Exh. B), 2012; Ord. 1955 § 1, 2005; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1733 §§ 4 (Exh. C), 6, 1998; Ord. 1629 § 1, 1996).

12.06.170 Transportation.

A.    Use Table.

Transportation

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Highways, rail lines and high occupancy vehicle lanes

C

C

C

C

C

C

P

P

P

P

P

Parking facilities (surface or structured) (1)

P

P

P

P

P

P

P

P

P

P

P

Streets and pedestrian and bicycle facilities

P

P

P

P

P

P

P

P

P

P

P

Transit park and ride lots

C

C

C

C

C

C

C

C

P

P

P

Transit shelters

P

P

P

P

P

P

P

P

P

P

P

Transit stations (2)

C

C

C

C

C

C

C

C

P

P

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    In the R 40,000 through NB zones, parking facilities are permitted only as accessory uses to a principal use.

2.    Transit stations may incorporate accessory convenience retail and service establishments for use by transit riders. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.06.180 Utilities.

A.    Use Table.

Utilities

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Electrical distribution lines, pipes, and support poles, transformers, and related facilities, not including substations (1)

P

P

P

P

P

P

P

P

P

P

P

Electrical distribution substations (2)

C

C

C

C

C

C

P

P

P

P

P

Electrical transmission lines of 115 kV or less and support poles (3)

P

P

P

P

P

P

P

P

P

P

P

Electric vehicle battery charging stations (7)

P

P

P

P

P

P

P

P

P

P

P

Natural gas conveyance facilities

P

P

P

P

P

P

P

P

P

P

P

Potable water conveyance facilities (5)

P

P

P

P

P

P

P

P

P

P

P

Potable water storage facilities

C

C

C

C

C

C

C

C

C

C

C

Storm water collection and conveyance facilities

P

P

P

P

P

P

P

P

P

P

P

Storm water detention/retention facilities

P

P

P

P

P

P

P

P

P

P

P

Telecommunications earth receiving stations (satellite dishes) (4)

P

P

P

P

P

P

P

P

P

P

P

Telecommunications lines, pipes, support poles and related facilities, not including earth receiving stations, personal wireless service, transmission/receiving/relay facilities, or switching facilities (1)

P

P

P

P

P

P

P

P

P

P

P

Telecommunications switching facilities

C

C

C

C

C

C

P

P

P

P

P

Telecommunications transmission/receiving/relay facilities (2)

C

C

C

C

C

C

C

C

P

P

P

Waste water conveyance facilities (5)

P

P

P

P

P

P

P

P

P

P

P

Wireless communication facilities (WCFs) (6)

P

P

P

P

P

P

P

P

P

P

P

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    Electrical and telecommunications service lines on individual properties shall be placed underground in conjunction with new development or any construction activity which increases floor area, or, in the case of a remodel which does not increase floor area, has a valuation amounting to more than 50 percent of the assessed value of the structure being remodeled, according to the records of the King or Snohomish County assessor.

2.    a.    Electrical substations and telecommunications towers, antennas and switching stations shall be designed so as to be compatible with surrounding development, through placement, architectural features, landscaping, and other measures, except that WCFs shall be regulated in accordance with Chapter 12.11 BMC.

b.    Amateur radio antennas shall be allowed at heights no greater than those minimally sufficient to accommodate amateur service communications, in accordance with FCC regulations. Persons desiring to erect such antennas shall submit documentation indicating the height which meets this requirement. Such antennas shall be required to comply with the requirements of the Washington State Building Code, including the seismic and wind resistance provisions of the code, and to obtain a building permit.

3.    Support poles for transmission lines shall be designed so as to minimize adverse aesthetic impacts. Electrical transmission lines over 115 kV are classified as essential public facilities, and are regulated under BMC 12.06.080.

4.    Telecommunications earth receiving stations (satellite dish antennas) over two feet in diameter shall be screened from view from neighboring properties by location, berming, fences, walls, landscaping, or a combination of these techniques; provided, however, that no screening shall be required which would prevent reception of satellite signals.

5.    Aboveground water conveyance facilities and waste water conveyance facilities shall require a conditional use permit.

6.    WCFs shall be regulated in accordance with Chapter 12.11 BMC.

7.    Electric vehicle charging stations are permitted as an accessory use to any permitted primary use and shall count towards the required number of parking spaces for said primary use. (Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1733 § 3 (Exh. B), 1998; Ord. 1629 § 1, 1996).

12.06.190 Uses not otherwise categorized.

A.    Use Table.

Uses Not Otherwise Categorized

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Cemeteries (1)

C

C

C

C

C

C

 

 

 

 

 

Off-site hazardous waste treatment and/or storage facility for the processing and handling of dangerous waste (2)

 

 

 

 

 

 

 

 

 

 

C

On-site hazardous waste treatment and/or storage facility (3)

C

C

C

C

C

C

C

C

C

C

C

    P: Permitted Use    C: Conditional Use

Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

B.    Development and Operating Conditions.

1.    The development and operation of cemeteries shall comply with RCW Title 68.

2.    Subject to compliance with Department of Ecology regulations and state siting criteria as adopted in accordance with RCW 70.105.210, as it now exists or may hereafter be amended; provided, that dangerous substances are processed and handled as permitted uses in this zone; provided further, that nothing herein shall be construed to allow the processing and handling of dangerous substances or dangerous waste if otherwise prohibited by this code; and provided further, that a conditional use permit is not required for the treatment and/or storage of household hazardous waste.

3.    Subject to compliance with Department of Ecology regulations and state siting criteria as adopted in accordance with RCW 70.105.210, as it now exists or may hereafter be amended; provided, that nothing herein shall be construed to allow the processing and handling of hazardous substances or hazardous wastes if otherwise prohibited by the code; and provided further, that a conditional use permit is not required for the treatment and/or storage of household hazardous waste. (Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

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The Bothell Municipal Code is current through Ordinance 2218, passed February 7, 2017.

Disclaimer: The City Clerk's Office has the official version of the Bothell Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.ci.bothell.wa.us
City Telephone: (425) 486-3256

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