Chapter 30.31A
BUSINESS PARK (BP), PLANNED COMMUNITY BUSINESS (PCB), NEIGHBORHOOD BUSINESS (NB) AND INDUSTRIAL PARK (IP) ZONES

Sections:

30.31A.010    Purpose and applicability.

30.31A.020    Minimum zoning criteria.

30.31A.100    General performance standards.

30.31A.110    PCB and NB zone performance standards.

30.31A.115    Optional performance standards for properties designated Urban Village.

30.31A.120    BP zone performance standards.

30.31A.140    Repealed.

30.31A.200    Rezone procedures.

30.31A.210    Preliminary site plan.

30.31A.220    Binding site plan (BSP).

30.31A.230    Time limitation of application.

30.31A.300    Requirements for the final plan.

30.31A.310    Approval of the final plan.

30.31A.400    Final plan disputes.

30.31A.500    Revisions to approved plans.

30.31A.510    Approval expiration.

30.31A.600    Revocation of approval.

30.31A.010 Purpose and applicability.

This chapter regulates development in and establishes zoning criteria for the planned community business (PCB), neighborhood business (NB), business park (BP), and industrial park (IP) zones. This chapter sets forth procedures and standards to be followed in applying for, and building in these zones.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-087, December 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010)

30.31A.020 Minimum zoning criteria.

(1) A tract of land proposed for BP zoning shall contain sufficient area to create a contiguous tract of BP zoned land at least four acres in size.

(2) A tract of land proposed for PCB zoning shall contain sufficient area to create a contiguous tract of PCB zoned land at least five acres in size.

(3) A tract of land proposed for NB zoning shall contain sufficient area to create a contiguous tract of NB zoned land at least three acres in size.

(4) A tract of land must be in single ownership or, for multiple parcels, under unified control. This requirement shall apply during preliminary and final plan stages to ensure continuity of plan development.

(5) Zoning request must be accompanied by a preliminary development plan prepared by a team of design professionals in compliance with the regulations and requirements of this chapter.

(6) Preliminary and final plans must comply with bulk regulations contained in SCC 30.23.030.

(7) All utility services and distribution lines shall be located underground, and in the case of the BP zone the property shall be served by public water and sewer services and paved streets, paved private roads, or paved common access areas.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-087, December 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010)

30.31A.100 General performance standards.

Each planned zone and uses located in the BP, PCB, NB and IP zones shall comply with the following requirements unless more specific requirements are provided in code:

(1) Processes and Equipment. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable beyond the boundaries of the lot upon which the use is located by reason of offensive odors, dust, smoke, gas, or electronic interference;

(2) Development Phases. Where the proposal contains more than one phase, all development shall occur in a sequence consistent with the phasing plan which shall be presented as an element of the preliminary plan unless revisions are approved by the department;

(3) Building Design. Buildings shall be designed to be compatible with their surroundings, both within and adjacent to the zone;

(4) Restrictive Covenants. Restrictive covenants shall be provided which shall ensure the long-term maintenance and upkeep of landscaping, storm drainage facilities, other private property improvements, and open space areas and facilities. Further, the covenants shall reference the official or binding site plan(s) and indicate their availability at the department, and shall provide that Snohomish County is an additional beneficiary with standing to enforce, and shall preclude the avoidance of performance obligations through lease agreements;

(5) Off-street Parking. Permanent off-street parking shall be in accordance with terms of chapter 30.26 SCC, except that parking shall be in accordance with SCC 30.34A.050 when the property is designated Urban Village on the future land use map;

(6) Signing. Signs for business identification or advertising of products shall conform to the approved sign design scheme submitted with the final plan, and must comply with chapter 30.27 SCC;

(7) Noise. Noise levels generated within the development shall not exceed those established in chapter 10.01 SCC – noise control, or violate other law or regulation relating to noise. Noise of machines and operations shall be muffled so as to not become objectionable due to intermittence or beat frequency, or shrillness; and

(8) Landscaping. General landscaping and open space requirements shall be in accordance with chapter 30.25 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-087, December 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010; Amended by Amended Ord. 12-069, Oct. 17, 2012, Eff date Nov. 10, 2012)

30.31A.110 PCB and NB zone performance standards.

In addition to the minimum zoning criteria and general performance standards set forth above, the following are specific performance requirements in the PCB and NB zones:

(1) All uses permitted in these zones shall be entirely contained within an enclosed structure except the following:

(a) Public utility transmission facilities;

(b) Eating establishments where the space for outdoor public service is adjacent to the closed structure and does not disrupt vehicular traffic within or adjacent to the zone;

(c) Permitted signing;

(d) Parking and loading facilities;

(e) Plant nurseries;

(f) Outdoor storage areas, when in conjunction with an enclosed principal use; and

(g) Public realm.

(2) No outside loading and unloading of goods and materials shall occur between the hours of 11:00 p.m. and 7:00 a.m. unless approved in writing by the director based upon a showing that any resulting impact to adjoining properties is minor.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-087, December 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 12-069, Oct. 17, 2012, Eff date Nov. 10, 2012)

30.31A.115 Optional performance standards for properties designated Urban Village.

Properties designated Urban Village on the future land use map may develop under the underlying zoning or pursuant to the following performance standards. In choosing to submit a development application under this section, all of the requirements of this section shall be met including the requirements in SCC 30.31A.100 and 30.31A.110.

(1) The following uses shall not be allowed:

(a) Accessory apartment;

(b) Dwelling attached, single-family;

(c) Dwelling, duplex;

(d) Dwelling, single-family;

(e) Family daycare home;

(f) Foster home;

(g) Garage, detached; private accessory;

(h) Garage, detached; private non-accessory;

(i) Greenhouse, lath house, and nurseries: retail;

(j) Greenhouse, lath house, nurseries: wholesale;

(k) Guesthouse;

(l) Hazardous waste storage and treatment facilities, on-site;

(m) Kennel;

(n) Mini self-storage;

(o) Stables; and

(p) Wholesale establishment.

(2) The maximum building height shall be 75 feet. The director may recommend a height increase in appropriate locations within the Urban Village of up to an additional 50 feet beyond that otherwise allowed when the applicant prepares an environmental impact statement pursuant to chapter 30.61 SCC and where such increased height in designated locations does not unreasonably interfere with the views from nearby residential structures.

(3) Front setbacks may be reduced to zero only if such reduction will not have a likely impact upon future right-of-way needs and/or right-of-way improvements as determined by the county engineer.

(4) Residential development shall maintain a minimum density of 12 dwelling units per acre and a maximum density of 44 dwelling units per acre.

(5) Open space shall comply with SCC 30.34A.070.

(6) Design standards shall comply with SCC 30.34A.100 through 30.34A.160.

(7) Development applications shall comply with the submittal checklist established by the department pursuant to SCC 30.70.030.

(8) A neighborhood meeting shall be held pursuant to SCC 30.34A.165.

(9) Development applications shall be reviewed and approved pursuant to SCC 30.34A.180(2). In addition, because the Urban Village at Point Wells is singularly unique due to its location, geography, access points, and historical uses, the applicant for any Urban Village development at Point Wells shall be subject to the following provisions:

(a) The applicant shall successfully negotiate binding agreements for public services, utilities or infrastructure that are to be provided by entities other than the county prior to the county approving a development permit that necessitates the provision of public services, utilities or infrastructure;

(b) Development applications may be planned and programmed in phases; and

(c) The intensity of development shall be consistent with the level of service standards adopted by the entity identified as providing the public service, utility or infrastructure.

(Added by Amended Ord. 12-069, Oct. 17, 2012, Eff date Nov. 10, 2012; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016)

30.31A.120 BP zone performance standards.

In addition to the minimum zoning criteria and general performance standards set forth above, the following are specific performance requirements in the BP zone:

(1) No uncovered outside storage shall be allowed of any products produced or items used in the operation of the business, except vehicles used to transport either raw materials or finished products of the business;

(2) No more than 20 percent of the constructed BP zone floor area in any development may be devoted to those accessory retail commercial uses primarily intended to serve the principal BP zone uses;

(3) The retail sale of products manufactured on the BP zone site shall be permitted;

(4) Prior to the issuance of any building occupancy permits in a BP zone the developer(s) shall either complete all required improvements or the remaining improvements shall be secured with a security device in accordance with SCC 30.84.105; and

(5) All outdoor lighting shall conform to the unified architectural lighting scheme for the BP development and shall not:

(a) Shine on adjacent properties;

(b) Conflict with the readability of traffic control devices; or

(c) Rotate or flash.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.31A.140 BP zone performance standards for residential development.

(Added Ord. 03-107, Sept. 10, 2003, Eff date Sept. 25, 2003; Repealed by Amended Ord. 16-013, Mar. 8, 2017, Eff date May 7, 2017)

30.31A.200 Rezone procedures.

(1) General Procedures. Rezone applications for the PCB, BP, and IP zones are considered for approval by the hearing examiner through the normal rezone process, pursuant to chapter 30.42A SCC and require site plan approval as follows:

(a) For sites that are five acres or larger, a preliminary site plan shall be considered for approval by the hearing examiner together with the rezone application. A preliminary site plan is not required for sites less than five acres in size; and

(b) A final plan is required for all sites and is reviewed administratively by the department after rezone approval, or when applicable, after rezone and preliminary site plan approval. No development permits shall be issued until a final plan has been approved in accordance with the provisions of this chapter.

(2) Alternative Procedure - Concurrent Rezone, Short Subdivision or Subdivision, and Final Plan. Concurrent applications for rezone, short subdivision or subdivision, and final plans may be made. All items required by SCC 30.31A.210 for a preliminary site plan shall be submitted for the entirety of the rezone site at the time application is made. The rezone application, short subdivision or subdivision, and final plans shall be processed concurrently pursuant to chapter 30.42A SCC and chapter 30.72 SCC.

(3) County-Initiated Rezone Alternative Procedure for BP, IP, and PCB. When recommended by the comprehensive plan, Snohomish County may initiate rezoning to BP, IP, and PCB as part of the comprehensive plan implementation process pursuant to chapter 30.73 SCC as a Type 3 Process. When this alternative is exercised, the provisions of SCC 30.31A.020(1), (2), and (3) shall be waived, including the portion that establishes minimum lot size for BP and PCB. Prior to development of any BP, IP, or PCB site five acres or larger in size, the developer shall submit a preliminary site plan and fees as required by chapter 30.86 SCC for hearing examiner review and approval. Prior to the approval of a preliminary site plan the hearing examiner shall hold a public hearing conducted pursuant to chapter 30.71 SCC. Notice of the hearing shall be provided in accordance with the notice requirements described in SCC 30.71.060.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010)

30.31A.210 Preliminary site plan.

The preliminary site plan shall contain, at a minimum, the following:

(1) Textual Material:

(a) The names and addresses of the developer, land surveyor, engineer, architect, planner, and other professionals involved;

(b) A document satisfactorily assuring unified control through the final plan approval stage for the total zone;

(c) A description of intended type of uses and operations including timing of development, if phased, and management control;

(d) A statement of intention to formally subdivide the property, if applicable;

(e) A description of proposed building design, including probable exterior finish;

(f) A provision for phasing out nonconforming uses and for removing existing structures or incorporating them into the overall development scheme;

(g) A statement of landscape maintenance provisions; and

(h) A traffic analysis, when required by the department of public works;

(2) Graphic Material. Prints of drawings, the number and scale determined by the department showing all the following information:

(a) A vicinity sketch locating the development;

(b) Property boundaries of the development area;

(c) All existing structures and improvements within the development area which are to remain;

(d) Existing streets bounding and/or within the development area;

(e) Tentative traffic and pedestrian circulation pattern within the development area, showing intended street widths;

(f) Tentative location of building lots and/or building areas and major areas intended for open space;

(g) Phasing plan depicting development divisions, if applicable; and

(h) General landscape plan showing areas to be landscaped, proposed plant height, and treatment of existing vegetation.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.31A.220 Binding site plan (BSP).

(1) An applicant may choose to divide land pursuant to a binding site plan (chapter 30.41D SCC) in conjunction with obtaining approval of a final BP, PCB, or IP plan.

(2) All hearing examiner conditions of approval shall appear on the binding site plan and record of survey either in full or by reference to separately recorded covenants, conditions, and restrictions (CCRs).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.31A.230 Time limitation of application.

An application for a site plan under this chapter shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.31A.300 Requirements for the final plan.

(1) A planned development may be finalized as a whole or in successive divisions.

(2) The final plan for a planned development shall consist of the following for each division:

(a) A completed application form signed by the developer(s) of the project and by the property owner(s) if other than the developer;

(b) Prints of drawings, the number and scale determined by the director of the department, showing all the following information; however, the director may permit postponement of detailed building design information until application for building permits on each lot or site:

(i) site contours at five foot intervals, both existing and final where different, street layout and identification, size and shape of all building sites and lots, location of buildings, open space areas with any specific open space activity areas indicated;

(ii) final landscape plan, including plant locations and species sizes at planting, together with location and typical side or cross-section view of perimeter fencing or berms, if any;

(iii) plans for signing and lighting, including typical entrance treatment and entrance signs; and

(iv) plans for buildings and related improvements to a scale of at least one inch to 50 feet, showing:

(A) a typical plot plan for each type of building, including location of building entrance, driveway, parking, fencing, and sight screening;

(B) typical elevations (side views) of each type of building, including identification of exterior building materials;

(C) typical street and walkway cross-sections;

(D) plans for open space area improvements, if any;

(E) restrictive covenants as required, together with a statement from a private attorney as to their adequacy to fulfill the requirements of this chapter; and

(F) to ensure conformity, a short subdivision or subdivision, if required, shall be filed simultaneously with final plans. Final plan approval shall occur only after preliminary short subdivision or subdivision approval.

(3) Where no preliminary site plan has been required, the final plan shall also include:

(a) The names and addresses of the developer, land surveyor, engineer, architect, planner, and other professionals involved;

(b) A document satisfactorily assuring unified control through the final plan approval stage for the total zone;

(c) A vicinity sketch locating the development and defining the property boundaries of the development area;

(d) A description of intended type of uses and operations including timing of development, if phased, and management control;

(e) A tentative traffic and pedestrian circulation pattern within the development area and a traffic analysis, when required by the department of public works pursuant to SCC 30.66B.220(1);

(f) All existing structures and improvements within the development area which are to remain; and

(g) A statement of landscape maintenance provisions.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.31A.310 Approval of the final plan.

(1) Final plan approval subsequent to preliminary site plan. The final plan or phased divisions thereof shall be submitted to the director for final approval or disapproval. The director shall submit copies of the final plan to appropriate departments for their review and comment. Any reviewing department may request changes if they are consistent with the approved preliminary site plan. Upon review and comment, the director shall approve the final plan in writing when found to be in conformance with the approved preliminary site plan and this chapter. The director may permit revision of the general design elements of the preliminary site plan so long as it is found that impacts on adjoining properties are not significantly changed and major environmental protection features of the preliminary site plan are maintained. Upon approval, the final plan shall control all development of the property.

(2) Final plan where no preliminary site plan is required. The final plan shall be submitted to the department for final approval or disapproval. The department shall transmit copies of the final plan to appropriate departments for their review and comment. The final plan shall conform to the applicable provisions of this chapter and other applicable provisions of county code. Upon approval, the final plan shall control all development of the property.

(3) Final plan consolidation with building permit site plan. A final plan required pursuant to this section may be consolidated with the site development plan otherwise required for a commercial building permit application on the property, provided the provisions of SCC 30.31A.300 are met.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.31A.400 Final plan disputes.

Where the applicant and the department are not able to reach agreement on the provisions of the final plan, the dispute shall be submitted to the hearing examiner in accordance with the procedures established by this title for administrative appeals.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.31A.500 Revisions to approved plans.

Revisions of an approved plan shall be processed pursuant to SCC 30.70.210 or 30.70.220.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.31A.510 Approval expiration.

Site plan approval under this chapter shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.31A.600 Revocation of approval.

Rezones and any concurrent or subsequent approvals issued pursuant to this chapter may be suspended or revoked in accordance with SCC 30.71.027.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)