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).

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, not including bees, shall be located closer than 20 feet from any exterior property line. Setbacks for structures for the keeping of bees are addressed in BMC 12.06.190(B).

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

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. 2445 § 3 (Exh. C), 2024; Ord. 2378 §§ 1, 2, 2022; Ord. 2141 § 2 (Exh. B), 2014; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

a. Service and car wash bay openings shall be oriented away from adjacent streets and Residential-zoned properties, or landscaping shall be installed between the bay opening and adjacent streets and Residential-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 Residential-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.

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. 2445 § 3 (Exh. C), 2024; Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

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.

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 Residential-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.

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.

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 a Residential designation in the zone. (Ord. 2445 § 3 (Exh. C), 2024; Ord. 1946 § 2, 2005; Ord. 1884 § 1, 2002; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

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 Residential-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.

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. 2445 § 3 (Exh. C), 2024; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1798 § 1, 2000; Ord. 1629 § 1, 1996).

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-C, R-M2, and R-M3 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.

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:

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

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

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.

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:

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.

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.

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 resident of the dwelling unit 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:

e. The following activities shall be prohibited:

f. Home occupations shall not be allowed in accessory buildings within the rear yard setback, except when conducted in an accessory dwelling unit on an alley meeting all other setback provisions.

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.

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.

a. The development of two dwelling units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies.

b. The development of up to four dwelling units per lot in the R-L zones and six units per lot in the R-M zone, unless zoning permitting higher densities or intensities applies, within one-quarter mile walking distance of a major transit stop. Middle housing within one-quarter mile of major transit stops is not required to provide an affordable unit.

c. The development of four dwelling units per lot in the R-L zones and six units per lot in the R-M zones, unless zoning permitting higher densities or intensities applies, if at least one unit above the base two units in the R-L zones or one unit above the base four units in the R-M zones is affordable housing in accordance with Chapter 12.07 BMC:

d. Cottage and courtyard housing is allowed on all lots zoned predominantly for residential use when all applicable requirements of BMC 12.14.134 are met.

a. Nursing homes are only allowed on parcels of four acres or more.

b. Vehicular access to nursing homes must be from arterial streets only. Where secondary access for emergency vehicles is required, the secondary access may be from nonarterial streets provided the access is restricted to emergency vehicles only.

c. Nursing homes adjacent to R-C and R-L zones must have a minimum 25-foot setback including a minimum 10-foot Type II landscape buffer.

a. Intent. Neighborhood scale commercial uses are intended to promote neighborhood vitality and compatibility with surrounding residential areas, allowing only small-scale retail, service, and residential uses that primarily serve local residents with minimal traffic from outside the neighborhood. These businesses should support live-work opportunities, be easily accessible by walking, biking, and local transit, and contribute to vibrant, pedestrian-friendly community hubs which eliminate reliance on automobiles.

b. Hours of Operation. Hours of operation, including deliveries, are allowed between 6:00 a.m. and 10:00 p.m. Monday through Friday, 7:00 a.m. and 10:00 p.m. Saturday through Sunday.

c. Scale. Maximum square footage for a neighborhood scale commercial space is limited to the greater of 1,800 square feet or 30 percent of the net buildable area of the lot, not to exceed 2,500 square feet.

d. Permitted Uses. The following uses are allowed within neighborhood scale commercial. Other proposed uses that are not mentioned in this section but achieve the intent and definition of neighborhood scale commercial highlighted in subsection (B)(2)(a) of this section and BMC 11.02.060 as determined by the community development director, may be considered a permitted use as an administrative interpretation.

e. Prohibited Uses and Elements.

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.

a. Process.

b. Site Performance Criteria.

c. Duration Performance Criteria.

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:

e. Conduct and Security Performance Criteria.