Chapter 12.06 PERMITTED USES

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.

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 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 BMC 12.06.030(A). (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
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. 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
Business and Personal Services	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
Eating and Drinking Establishments	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
Vendor carts (3)(4)							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; provided the space devoted to such use does not exceed 50 percent of the total floor area of the tavern.

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

a. Carts may be placed on public sidewalks; provided a right-of-way 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;

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

c. Carts 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 shall be removed at night, or, when placed within a building, 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;

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.

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, space or cart. (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	C	C	C
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 is 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. 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
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