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

(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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-087, Dec. 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).

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

(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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-087, Dec. 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).

(1) The following uses shall not be allowed:

(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:

(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:

(1) The site must be a minimum of 25 contiguous acres under the same ownership or control.

(2) The BP zoning on the site must have been in effect prior to the effective date of the ordinance codified in this section.

(3) All proposed mixed use development consisting of residential with commercial or industrial uses in the BP zone shall also comply with the following development and design standards:

(4) All proposed development in the BP zone consisting of residential uses only shall comply with the preliminary site plan requirements of SCC 30.31A.210, and shall also comply with the maximum residential unit yield and all other bulk regulations for the MR zone under chapter 30.23 SCC.

(5) All proposed development in the BP zone that includes residential uses shall comply with the final site plan approval requirements pursuant to SCC 30.31A.300, including conditions of approval, and shall comply with any and all other applicable requirements of the county code. (Added by Ord. 22-014, May 4, 2022, Eff date May 19, 2022).

(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:

(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 30.72 SCC. Notice of the hearing shall be provided in accordance with the notice requirements described in SCC 30.72.030. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).

(1) Textual Material.

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

(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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(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:

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

(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 plans otherwise required for a commercial building permit application or land disturbing activity permit on the property, provided the provisions of SCC 30.31A.300 are met prior to permit issuance. Provided that the plans for the construction permits are consistent with the preliminary site plan, no separate final plan application or fees are required. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).

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

(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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-087, Dec. 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).

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

(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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-087, Dec. 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).

(1) The following uses shall not be allowed:

(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:

(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:

(1) The site must be a minimum of 25 contiguous acres under the same ownership or control.

(2) The BP zoning on the site must have been in effect prior to the effective date of the ordinance codified in this section.

(3) All proposed mixed use development consisting of residential with commercial or industrial uses in the BP zone shall also comply with the following development and design standards:

(4) All proposed development in the BP zone consisting of residential uses only shall comply with the preliminary site plan requirements of SCC 30.31A.210, and shall also comply with the maximum residential unit yield and all other bulk regulations for the MR zone under chapter 30.23 SCC.

(5) All proposed development in the BP zone that includes residential uses shall comply with the final site plan approval requirements pursuant to SCC 30.31A.300, including conditions of approval, and shall comply with any and all other applicable requirements of the county code. (Added by Ord. 22-014, May 4, 2022, Eff date May 19, 2022).

(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:

(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 30.72 SCC. Notice of the hearing shall be provided in accordance with the notice requirements described in SCC 30.72.030. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).

(1) Textual Material.

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

(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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(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:

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

(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 plans otherwise required for a commercial building permit application or land disturbing activity permit on the property, provided the provisions of SCC 30.31A.300 are met prior to permit issuance. Provided that the plans for the construction permits are consistent with the preliminary site plan, no separate final plan application or fees are required. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 20-019, June 24, 2020, Eff date July 11, 2020).

(1) An official site plan for the GC zone, indicating the provisions for acceleration and deceleration lanes, ingress and egress driveways; curbing, internal traffic circulation and parking; the location of structures; and the floor area devoted to accessory uses must be reviewed and approved by:

(2) The department may approve an official site plan for partial development of the existing zone.

(3) The department shall include in its staff report to the hearing examiner or in its decision pursuant to chapter 30.43A SCC the director of the department of public works’ written evaluation of the adequacy of the proposed traffic control measures. Where a state facility is involved, the department of public works shall request a similar evaluation by the Washington State Department of Transportation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-085, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 20-080, Dec. 16, 2020, Eff date Jan. 9, 2021).

(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 GC official site 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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-085, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 20-080, Dec. 16, 2020, Eff date Jan. 9, 2021).

(1) An official site plan for the GC zone, indicating the provisions for acceleration and deceleration lanes, ingress and egress driveways; curbing, internal traffic circulation and parking; the location of structures; and the floor area devoted to accessory uses must be reviewed and approved by:

(2) The department may approve an official site plan for partial development of the existing zone.

(3) The department shall include in its staff report to the hearing examiner or in its decision pursuant to chapter 30.43A SCC the director of the department of public works’ written evaluation of the adequacy of the proposed traffic control measures. Where a state facility is involved, the department of public works shall request a similar evaluation by the Washington State Department of Transportation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-085, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 20-080, Dec. 16, 2020, Eff date Jan. 9, 2021).

(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 GC official site 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 by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-085, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 20-080, Dec. 16, 2020, Eff date Jan. 9, 2021).

(1) The provisions of this chapter shall apply to any property that is zoned Townhouse zone on the Snohomish County Official Zoning Map.

(2) Properties may be rezoned pursuant to chapter 30.42A SCC to Townhouse zone if the property is located in the Urban Medium Density Residential Comprehensive Plan designation as shown on the Future Land Use Map. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009).

(1) Slopes. Placement of buildings shall not severely alter the natural topography and shall conform to limitations set forth in chapter 30.62B SCC. Building setbacks and limit of clearing lines shall be displayed on the site plan for projects with slopes regulated by chapter 30.62B SCC.

(2) Uses allowed in the Townhouse zone are set forth in SCC 30.22.100.

(3) The bulk standards in SCC 30.23.030 shall apply, except:

(4) Where multiple buildings are located on the same lot, a minimum separation of at least 10 feet shall be maintained between buildings as measured from the outer walls of each building. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017).

(1) Minimum lot area shall be:

(2) There is no minimum lot width.

(3) Lot coverage requirements shall be in accordance with the following:

(4) Subdivisions in the Townhouse zone shall be subject to the requirements in chapter 30.41A SCC.

(5) If a townhouse unit lot subdivision or short subdivision is proposed pursuant to SCC 30.41A.205 or 30.41B.205, the lot area, width and coverage provisions of those sections shall apply, and the provisions of subsections (1) through (3) of this section shall not apply. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 21-004, Mar. 15, 2021, Eff date Mar. 26, 2021).

(1) The provisions of this chapter shall apply to any property that is zoned Townhouse zone on the Snohomish County Official Zoning Map.

(2) Properties may be rezoned pursuant to chapter 30.42A SCC to Townhouse zone if the property is located in the Urban Medium Density Residential Comprehensive Plan designation as shown on the Future Land Use Map. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009).

(1) Slopes. Placement of buildings shall not severely alter the natural topography and shall conform to limitations set forth in chapter 30.62B SCC. Building setbacks and limit of clearing lines shall be displayed on the site plan for projects with slopes regulated by chapter 30.62B SCC.

(2) Uses allowed in the Townhouse zone are set forth in SCC 30.22.100.

(3) The bulk standards in SCC 30.23.030 shall apply, except:

(4) Where multiple buildings are located on the same lot, a minimum separation of at least 10 feet shall be maintained between buildings as measured from the outer walls of each building. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017).

(1) Minimum lot area shall be:

(2) There is no minimum lot width.

(3) Lot coverage requirements shall be in accordance with the following:

(4) Subdivisions in the Townhouse zone shall be subject to the requirements in chapter 30.41A SCC.

(5) If a townhouse unit lot subdivision or short subdivision is proposed pursuant to SCC 30.41A.205 or 30.41B.205, the lot area, width and coverage provisions of those sections shall apply, and the provisions of subsections (1) through (3) of this section shall not apply. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 21-004, Mar. 15, 2021, Eff date Mar. 26, 2021).

(1) The RI and RFS zones shall be applied only to properties that contain the appropriate land use designation as depicted on the Future Land Use Map (FLUM) of the GMA Comprehensive Plan.

(2) The RB zone is a zoning classification which will be located within a rural residential land use designation. The RB zone, including expansions to the RB zone classification, shall be applied only to properties that meet all the following locational criteria, except as provided in SCC 30.31F.020(3) and (4):

(3) Any proposed site that expands an existing RB zone shall meet the requirements of SCC 30.31F.020(2)(d) through (h) and both of the following locational criteria:

(4) For properties that contain a commercial use permitted or otherwise allowed in the RB zone that existed on or before the effective date of this section, a rezone to RB may be approved only for that portion of the site containing the existing use and may not expand beyond the location of the existing commercial use unless the locational criteria of subsection (2) of this section are met with respect to the expansion area. The locational criteria contained in subsection (2) of this section and the maximum building footprint requirements of SCC 30.31F.110 and 30.31F.120 need not be met for that portion of the site containing the existing use.

(5) Any applicant proposing a rezone to the RFS zone must:

(6) The CRC zone shall only be applied to those properties that contain a Clearview Rural Commercial designation on the comprehensive plan future land use map. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-099, Sept. 10, 2003, Eff date Oct. 6, 2003; Amended by Ord. 04-070, July 28, 2004, Eff date Aug. 23, 2004; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Ord. 25-044, Aug. 13, 2025, Eff date Sept. 6, 2025).

(1) Adequate water supplies shall be demonstrated for fire protection;

(2) Stormwater detention facilities and low impact development best management practices shall be designed whenever possible as to integrate them into the overall site design and required landscaping and buffers on the site;

(3) Signage shall be consistent with the provisions of SCC 30.27.010 to 30.27.090; and

(4) Refuse collection, fuel loading, and above ground fuel storage areas, and large truck parking areas shall be located at least 100 feet from residential uses or designations and shall be screened in accordance with the landscaping requirements for outdoor storage and solid waste areas contained in SCC 30.25.024. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) In addition to the general performance standards of SCC 30.31F.100, and other applicable standards of subtitle 30.2 SCC, the following standards apply to development, except churches, in the RB zone:

(2) A change of use for any existing structure, including related site improvements, that is in a Rural Business zone and does not meet the performance standards of SCC 30.31F.110 (1) shall require:

(1) The total impervious surface of all buildings, parking, and other support areas such as storage, trash containers, etc., shall not exceed 60 percent of the site; and

(2) The maximum area for each building footprint on the site shall not exceed 6,000 square feet; except that, the maximum area for each building footprint for a hotel/motel use shall be 10,000 square feet. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The total impervious surface on site shall be limited by the requirements of the county health department related to septic drain field development; and

(2) Access shall be taken from secondary side roads whenever possible. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) An official site plan shall not be required at the time of rezone application for the RB and RI zones. The performance standards of SCC 30.31F.100, 30.31F.110, and 30.31F.130, and other applicable provisions of this chapter shall be applied to a site development plan otherwise required at the time of initial development in the RB and RI zones.

(2) For the RB zone, information shall be submitted at the time of application for the RB rezone in a form acceptable to the director of the department, and in compliance with SCC 30.70.030, that identifies the approximate location and amount of net usable area designated on the site. The submittal shall also include the approximate location and type of critical areas and their probable required buffers pursuant to chapters 30.62A and 30.62B SCC, detention/retention areas, low impact development best management practices, biofiltration swales, public rights-of-way, and private roads. This information is to be used at the time of zoning approval to determine whether an adequate development and building area exists on the site, and whether the five-acre net usable area limitation of SCC 30.31F.020(2)(d) has been met.

(3) An official site plan shall be required at the time of rezone application for the RFS zone. The plan shall be reviewed and approved in accordance with the provisions governing official site plan approval as provided in SCC 30.31B.200. The performance standards of SCC 30.31F.100 and 30.31F.120, and other provisions of this title applicable to the RFS zone shall be applied at the time of official site plan review and approval. Modifications of a RFS official site plan are permitted in accordance with the provisions of SCC 30.31B.300.

(4) An official site plan shall not be required at the time of rezone application for development in the CRC zone. The performance standards of SCC 30.31F.100 and 30.31F.140, and other applicable provisions of this title, shall be approved to the site development plan required at the time of building or land disturbing activity permit application submittal. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Ord. 20-080, Dec. 16, 2020, Eff date Jan. 9, 2021).

(1) If an applicant chooses to divide land pursuant to chapter 30.41D SCC, an approved RFS official site plan, or in the RB, and RI zones, a site plan approved concurrent with a building permit for the site may be used as a basis for binding site plan approval.

(2) All hearing examiner conditions of approval shall appear on either (a) the binding site plan, or (b) be referenced on the document and recorded separately as covenants, conditions, and restrictions (CCRs). (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The RI and RFS zones shall be applied only to properties that contain the appropriate land use designation as depicted on the Future Land Use Map (FLUM) of the GMA Comprehensive Plan.

(2) The RB zone is a zoning classification which will be located within a rural residential land use designation. The RB zone, including expansions to the RB zone classification, shall be applied only to properties that meet all the following locational criteria, except as provided in SCC 30.31F.020(3) and (4):

(3) Any proposed site that expands an existing RB zone shall meet the requirements of SCC 30.31F.020(2)(d) through (h) and both of the following locational criteria:

(4) For properties that contain a commercial use permitted or otherwise allowed in the RB zone that existed on or before the effective date of this section, a rezone to RB may be approved only for that portion of the site containing the existing use and may not expand beyond the location of the existing commercial use unless the locational criteria of subsection (2) of this section are met with respect to the expansion area. The locational criteria contained in subsection (2) of this section and the maximum building footprint requirements of SCC 30.31F.110 and 30.31F.120 need not be met for that portion of the site containing the existing use.

(5) Any applicant proposing a rezone to the RFS zone must:

(6) The CRC zone shall only be applied to those properties that contain a Clearview Rural Commercial designation on the comprehensive plan future land use map. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-099, Sept. 10, 2003, Eff date Oct. 6, 2003; Amended by Ord. 04-070, July 28, 2004, Eff date Aug. 23, 2004; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Ord. 25-044, Aug. 13, 2025, Eff date Sept. 6, 2025).

(1) Adequate water supplies shall be demonstrated for fire protection;

(2) Stormwater detention facilities and low impact development best management practices shall be designed whenever possible as to integrate them into the overall site design and required landscaping and buffers on the site;

(3) Signage shall be consistent with the provisions of SCC 30.27.010 to 30.27.090; and

(4) Refuse collection, fuel loading, and above ground fuel storage areas, and large truck parking areas shall be located at least 100 feet from residential uses or designations and shall be screened in accordance with the landscaping requirements for outdoor storage and solid waste areas contained in SCC 30.25.024. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) In addition to the general performance standards of SCC 30.31F.100, and other applicable standards of subtitle 30.2 SCC, the following standards apply to development, except churches, in the RB zone:

(2) A change of use for any existing structure, including related site improvements, that is in a Rural Business zone and does not meet the performance standards of SCC 30.31F.110 (1) shall require:

(1) The total impervious surface of all buildings, parking, and other support areas such as storage, trash containers, etc., shall not exceed 60 percent of the site; and

(2) The maximum area for each building footprint on the site shall not exceed 6,000 square feet; except that, the maximum area for each building footprint for a hotel/motel use shall be 10,000 square feet. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The total impervious surface on site shall be limited by the requirements of the county health department related to septic drain field development; and

(2) Access shall be taken from secondary side roads whenever possible. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) An official site plan shall not be required at the time of rezone application for the RB and RI zones. The performance standards of SCC 30.31F.100, 30.31F.110, and 30.31F.130, and other applicable provisions of this chapter shall be applied to a site development plan otherwise required at the time of initial development in the RB and RI zones.

(2) For the RB zone, information shall be submitted at the time of application for the RB rezone in a form acceptable to the director of the department, and in compliance with SCC 30.70.030, that identifies the approximate location and amount of net usable area designated on the site. The submittal shall also include the approximate location and type of critical areas and their probable required buffers pursuant to chapters 30.62A and 30.62B SCC, detention/retention areas, low impact development best management practices, biofiltration swales, public rights-of-way, and private roads. This information is to be used at the time of zoning approval to determine whether an adequate development and building area exists on the site, and whether the five-acre net usable area limitation of SCC 30.31F.020(2)(d) has been met.

(3) An official site plan shall be required at the time of rezone application for the RFS zone. The plan shall be reviewed and approved in accordance with the provisions governing official site plan approval as provided in SCC 30.31B.200. The performance standards of SCC 30.31F.100 and 30.31F.120, and other provisions of this title applicable to the RFS zone shall be applied at the time of official site plan review and approval. Modifications of a RFS official site plan are permitted in accordance with the provisions of SCC 30.31B.300.

(4) An official site plan shall not be required at the time of rezone application for development in the CRC zone. The performance standards of SCC 30.31F.100 and 30.31F.140, and other applicable provisions of this title, shall be approved to the site development plan required at the time of building or land disturbing activity permit application submittal. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Ord. 20-080, Dec. 16, 2020, Eff date Jan. 9, 2021).

(1) If an applicant chooses to divide land pursuant to chapter 30.41D SCC, an approved RFS official site plan, or in the RB, and RI zones, a site plan approved concurrent with a building permit for the site may be used as a basis for binding site plan approval.

(2) All hearing examiner conditions of approval shall appear on either (a) the binding site plan, or (b) be referenced on the document and recorded separately as covenants, conditions, and restrictions (CCRs). (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) This chapter sets forth procedures and standards to be followed for building in the Mixed Use Corridor (MUC) zone unless specifically exempted in subsection (3) of this section.

(2) The regulations and design standards established in this chapter are to provide a mix of high-density residential, office, and commercial uses with public and community facilities consistent with SCC 30.21.025(1)(f).

(3) This chapter does not apply to:

(1) All bulk regulations are established in chapter 30.23 SCC except as provided for in this section.

(2) The maximum building height shall be 90 feet.

(4) Where development includes new residential units, the minimum height of the structure shall be three stories above grade.

(5) There are no maximum density limitations for dwelling units in the MUC zone.

(6) The minimum net residential density is 20 units per acre.

(7) Rooftop patios, decks, and balconies designed for recreational activities shall be setback from a property line abutting a single family residential zone by at least 30 feet. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Amenity areas shall meet the Accessibility Standards under the Americans with Disabilities Act (ADA).

(2) Amenity areas shall be accessible to and from all dwelling units on the site.

(3) Development sites shall provide amenity areas according to Table SCC 30.31G.040(4).

(4) Development applications which contain both residential and non-residential uses shall provide amenity areas in compliance with the combined residential and non-residential requirements in SCC Table 30.31G.040(4).

(5) The amount of amenity area required may be reduced by 25 percent if an additional 25 percent of tree canopy is provided beyond what is required in SCC 30.25.016.

(6) A development site’s amenity area shall be allocated as:

(1) A minimum of 25 percent of the total outdoor amenity area shall be consolidated in one location within the site.

(2) When multiple outdoor amenity areas are proposed in a development, a clearly defined network of accessible pedestrian connections shall be provided that connect all outdoor amenity areas.

(3) A minimum of 50 percent of the total outdoor amenity area shall incorporate passive recreation features that include but are not limited to plazas, courtyards, forecourts, rooftop terraces, gardens, and picnic areas.

(4) Developments of 20 or more dwelling units shall include at a minimum one active recreation amenity such as children’s play areas, hard surface sports courts, playfields, and outdoor swimming pools.

(5) Outdoor amenity areas shall be designed to:

(1) The total square feet of the expansion or expansions of a building or buildings on a development site existing as of December 22, 2024, permitted under this section shall not exceed the greater of either:

(2) Any future increase in gross floor area beyond that permitted under this section shall be subject to all of the provisions in this chapter.

(3) Any increases above these amounts may be considered at the discretion of the director.

(4) The expansion shall not create a nonconforming use or structure.

(5) The existing structure and the expansion shall meet the following requirements:

(6) The expansion of an existing structure containing a permitted use shall incorporate low impact development best management practices as directed by the Drainage Manual when required under chapter 30.63A SCC. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Window openings;

(2) Plantings designed to grow on the façade;

(3) Louvers;

(4) Expanded metal panels;

(5) Decorative metal grills;

(6) Spandrel (opaque) glass; or

(7) Any other architectural detail that mitigates the presence of above ground parking structures, garage buildings, or garage entrances. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Meet the requirements of SCC 30.25.024; and

(2) Not located in a right-of-way. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Drive-through facilities shall be attached to a primary structure.

(2) For each stacking lane of a drive-through restaurant, a minimum of 10 stacking spaces shall be provided. For all other drive-through uses not listed, a minimum of four stacking spaces shall be provided.

(3) Windows and stacking lanes of drive-through facilities shall be visually screened from public road network elements with an evergreen screen or architectural element or combination thereof with a minimum height of six feet.

(4) Stacking lanes shall be physically separated from parking lots, sidewalks, and pedestrian areas by an evergreen screen and/or architectural element, or combination thereof with a minimum height of six feet.

(5) Screening elements shall reflect the design of the primary building and shall provide a physical separation that cannot be traversed in a method other than the circulation route intended for the drive-through traffic.

(6) Speakers of drive-through facilities shall not be audible off site.

(7) Pedestrian paths that cross a drive-through aisle shall use a raised platform and be marked with symbols, signage, and/or special painting. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) The minimum ground floor height measured from the floor to the top of the ceiling joists must be 13 feet for any multi-story building designed to accommodate non-residential uses at ground level.

(2) Transparent windows and/or doors shall cover at least 25 percent of the ground floor facade of non-residential uses between four and eight feet above the sidewalk.

(3) The primary building entrance must face the street and must be open to the public during all business operating hours.

(4) All exterior facades on a building shall:

(6) Building facades that incorporate art and design features such as murals and installations are encouraged. On the ground floor of a multi-story building, walls shall not be left blank for more than 10 feet in length. Walls can be designed with features including doors, windows, architectural elements, murals, landscaping, or other treatments.

(7) The department may approve an alternative to the requirements in this section provided the design reinforces the character of the streetscape and encourages active and engaging design of the pedestrian edge of the streetscape. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Any parts of a building above three stories abutting R-9600, R-8400, or R-7200 zoning must be stepped back at least 10 feet from the first floor facade. Facades of floors that are stepped back must be distinguished by a change in elements such as window design, railings, trellises, details, materials, and/or color so that the result is a rich and organized combination of features that face the abutting zoning. Balconies may extend into the step back areas.

(2) Vertical articulation for buildings above three stories is required to distinguish the building’s top, middle, and ground story of front and side street (corner) facades. Examples of vertical articulation include stone or masonry bases, belt courses, cornice lines, parapets, lintel beams, entablatures, friezes, awnings or canopies, changes in materials or window patterns, recessed entries, or other architectural treatments.

(3) Horizontal articulation is required to visually break up the massing of the ground floor of the front and side street (corner) facades into segments no greater than 25 feet in width. Examples of horizontal articulation include bays, mullions, columns, piers, pilasters, recessed entries, awnings, or other architectural treatments.

(4) The department may approve an alternative to the requirements in this section provided the design:

(1) All lighting fixtures must be equipped with a "cut-off," which is either an external housing or internal optic that directs light downward.

(2) Flashing lights are prohibited, except for low wattage holiday and special occasion accent lights.

(3) Lighting directed upwards above the horizontal plane (up-lighting) is prohibited. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) At least 15 percent of the proposed dwelling units in new residential or mixed use development must be affordable, as defined by the total housing cost, including basic utilities, not exceeding 30 percent of a household’s gross income, to low-income households, defined for purposes of this chapter as households with incomes that are less than 60 percent of the HUD Area Median Income.

(2) A dwelling unit that is affordable to extremely low-income households, defined as households making 30 percent or less of the HUD Area Median Income, shall count as two units for satisfying subsection (1) of this section.

(3) Beyond the units required by subsection (1) of this section, an additional one story of building height (not to exceed 15 feet) is allowed when at least one additional unit affordable to extremely low-income households or at least two additional units affordable to low-income households are created. The additional one story of building height can only be applied to buildings with the additional affordable dwelling units described by this subsection.

(4) Whenever the calculated number of required affordable housing units results in a fractional equivalent of five-tenths (0.5) or greater, the number of required units shall be rounded up to the nearest whole number.

(5) Affordable housing units that are provided under this section shall remain as affordable housing for a minimum of 50 years, as provided in a recorded covenant running with the land. The covenant shall be approved by the county decision making body and filed for recording with the county auditor prior to the issuance of a building permit for any structure.

(6) Affordable housing units shall be clearly identified on site and building plans. Any changes to the locations of affordable housing units constitutes a minor revision as per SCC 30.70.210.

(7) Prior to the issuance of any permit(s), the department shall review and approve the location and unit mix of the affordable housing units consistent with the following standards:

(8) Construction of the affordable housing units shall be concurrent with the construction of market-rate dwelling units.

(9) Affordable housing units may be eligible for the impact fee exemption described in SCC 30.66A.040 and 30.66C.110. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Affordable housing units provided through alternative compliance must be of the same type and tenure of units as the units in the project that give rise to the requirement.

(2) Affordable housing units may be provided off-site if the following requirements are met:

(3) Application for and approval by the director for alternative compliance must be made prior to issuing a building permit for the project unless otherwise permitted by the director.

(4) Application for off-site alternative compliance must document the timing that off-site affordable housing units will be made available and provide assurances to ensure completion of the off-site affordable housing units. The intent is for the affordable housing units to be provided before or at the same time as the on-site market rate housing. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Official site plan applications shall be processed as a Type 1 decision.

(2) The department may approve the application if the applicant demonstrates that all applicable standards and requirements of this chapter and any applicable sections of Title 30 SCC have been met.

(3) If the project is phased, each phase of the proposed development shall independently meet the requirements of this chapter and Title 30 SCC.

(4) Any dedication of property including rights-of-ways pursuant to this chapter must be based on an individualized determination that the required dedication is reasonably related in nature and extent to the impact of the proposed development.

(5) Proposed developments within an airport compatibility area shall comply with all applicable requirements in chapter 30.32E SCC. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) This chapter sets forth procedures and standards to be followed for building in the Mixed Use Corridor (MUC) zone unless specifically exempted in subsection (3) of this section.

(2) The regulations and design standards established in this chapter are to provide a mix of high-density residential, office, and commercial uses with public and community facilities consistent with SCC 30.21.025(1)(f).

(3) This chapter does not apply to:

(1) All bulk regulations are established in chapter 30.23 SCC except as provided for in this section.

(2) The maximum building height shall be 90 feet.

(4) Where development includes new residential units, the minimum height of the structure shall be three stories above grade.

(5) There are no maximum density limitations for dwelling units in the MUC zone.

(6) The minimum net residential density is 20 units per acre.

(7) Rooftop patios, decks, and balconies designed for recreational activities shall be setback from a property line abutting a single family residential zone by at least 30 feet. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Amenity areas shall meet the Accessibility Standards under the Americans with Disabilities Act (ADA).

(2) Amenity areas shall be accessible to and from all dwelling units on the site.

(3) Development sites shall provide amenity areas according to Table SCC 30.31G.040(4).

(4) Development applications which contain both residential and non-residential uses shall provide amenity areas in compliance with the combined residential and non-residential requirements in SCC Table 30.31G.040(4).

(5) The amount of amenity area required may be reduced by 25 percent if an additional 25 percent of tree canopy is provided beyond what is required in SCC 30.25.016.

(6) A development site’s amenity area shall be allocated as:

(1) A minimum of 25 percent of the total outdoor amenity area shall be consolidated in one location within the site.

(2) When multiple outdoor amenity areas are proposed in a development, a clearly defined network of accessible pedestrian connections shall be provided that connect all outdoor amenity areas.

(3) A minimum of 50 percent of the total outdoor amenity area shall incorporate passive recreation features that include but are not limited to plazas, courtyards, forecourts, rooftop terraces, gardens, and picnic areas.

(4) Developments of 20 or more dwelling units shall include at a minimum one active recreation amenity such as children’s play areas, hard surface sports courts, playfields, and outdoor swimming pools.

(5) Outdoor amenity areas shall be designed to:

(1) The total square feet of the expansion or expansions of a building or buildings on a development site existing as of December 22, 2024, permitted under this section shall not exceed the greater of either:

(2) Any future increase in gross floor area beyond that permitted under this section shall be subject to all of the provisions in this chapter.

(3) Any increases above these amounts may be considered at the discretion of the director.

(4) The expansion shall not create a nonconforming use or structure.

(5) The existing structure and the expansion shall meet the following requirements:

(6) The expansion of an existing structure containing a permitted use shall incorporate low impact development best management practices as directed by the Drainage Manual when required under chapter 30.63A SCC. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Window openings;

(2) Plantings designed to grow on the façade;

(3) Louvers;

(4) Expanded metal panels;

(5) Decorative metal grills;

(6) Spandrel (opaque) glass; or

(7) Any other architectural detail that mitigates the presence of above ground parking structures, garage buildings, or garage entrances. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Meet the requirements of SCC 30.25.024; and

(2) Not located in a right-of-way. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Drive-through facilities shall be attached to a primary structure.

(2) For each stacking lane of a drive-through restaurant, a minimum of 10 stacking spaces shall be provided. For all other drive-through uses not listed, a minimum of four stacking spaces shall be provided.

(3) Windows and stacking lanes of drive-through facilities shall be visually screened from public road network elements with an evergreen screen or architectural element or combination thereof with a minimum height of six feet.

(4) Stacking lanes shall be physically separated from parking lots, sidewalks, and pedestrian areas by an evergreen screen and/or architectural element, or combination thereof with a minimum height of six feet.

(5) Screening elements shall reflect the design of the primary building and shall provide a physical separation that cannot be traversed in a method other than the circulation route intended for the drive-through traffic.

(6) Speakers of drive-through facilities shall not be audible off site.

(7) Pedestrian paths that cross a drive-through aisle shall use a raised platform and be marked with symbols, signage, and/or special painting. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) The minimum ground floor height measured from the floor to the top of the ceiling joists must be 13 feet for any multi-story building designed to accommodate non-residential uses at ground level.

(2) Transparent windows and/or doors shall cover at least 25 percent of the ground floor facade of non-residential uses between four and eight feet above the sidewalk.

(3) The primary building entrance must face the street and must be open to the public during all business operating hours.

(4) All exterior facades on a building shall:

(6) Building facades that incorporate art and design features such as murals and installations are encouraged. On the ground floor of a multi-story building, walls shall not be left blank for more than 10 feet in length. Walls can be designed with features including doors, windows, architectural elements, murals, landscaping, or other treatments.

(7) The department may approve an alternative to the requirements in this section provided the design reinforces the character of the streetscape and encourages active and engaging design of the pedestrian edge of the streetscape. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Any parts of a building above three stories abutting R-9600, R-8400, or R-7200 zoning must be stepped back at least 10 feet from the first floor facade. Facades of floors that are stepped back must be distinguished by a change in elements such as window design, railings, trellises, details, materials, and/or color so that the result is a rich and organized combination of features that face the abutting zoning. Balconies may extend into the step back areas.

(2) Vertical articulation for buildings above three stories is required to distinguish the building’s top, middle, and ground story of front and side street (corner) facades. Examples of vertical articulation include stone or masonry bases, belt courses, cornice lines, parapets, lintel beams, entablatures, friezes, awnings or canopies, changes in materials or window patterns, recessed entries, or other architectural treatments.

(3) Horizontal articulation is required to visually break up the massing of the ground floor of the front and side street (corner) facades into segments no greater than 25 feet in width. Examples of horizontal articulation include bays, mullions, columns, piers, pilasters, recessed entries, awnings, or other architectural treatments.

(4) The department may approve an alternative to the requirements in this section provided the design:

(1) All lighting fixtures must be equipped with a "cut-off," which is either an external housing or internal optic that directs light downward.

(2) Flashing lights are prohibited, except for low wattage holiday and special occasion accent lights.

(3) Lighting directed upwards above the horizontal plane (up-lighting) is prohibited. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) At least 15 percent of the proposed dwelling units in new residential or mixed use development must be affordable, as defined by the total housing cost, including basic utilities, not exceeding 30 percent of a household’s gross income, to low-income households, defined for purposes of this chapter as households with incomes that are less than 60 percent of the HUD Area Median Income.

(2) A dwelling unit that is affordable to extremely low-income households, defined as households making 30 percent or less of the HUD Area Median Income, shall count as two units for satisfying subsection (1) of this section.

(3) Beyond the units required by subsection (1) of this section, an additional one story of building height (not to exceed 15 feet) is allowed when at least one additional unit affordable to extremely low-income households or at least two additional units affordable to low-income households are created. The additional one story of building height can only be applied to buildings with the additional affordable dwelling units described by this subsection.

(4) Whenever the calculated number of required affordable housing units results in a fractional equivalent of five-tenths (0.5) or greater, the number of required units shall be rounded up to the nearest whole number.

(5) Affordable housing units that are provided under this section shall remain as affordable housing for a minimum of 50 years, as provided in a recorded covenant running with the land. The covenant shall be approved by the county decision making body and filed for recording with the county auditor prior to the issuance of a building permit for any structure.

(6) Affordable housing units shall be clearly identified on site and building plans. Any changes to the locations of affordable housing units constitutes a minor revision as per SCC 30.70.210.

(7) Prior to the issuance of any permit(s), the department shall review and approve the location and unit mix of the affordable housing units consistent with the following standards:

(8) Construction of the affordable housing units shall be concurrent with the construction of market-rate dwelling units.

(9) Affordable housing units may be eligible for the impact fee exemption described in SCC 30.66A.040 and 30.66C.110. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Affordable housing units provided through alternative compliance must be of the same type and tenure of units as the units in the project that give rise to the requirement.

(2) Affordable housing units may be provided off-site if the following requirements are met:

(3) Application for and approval by the director for alternative compliance must be made prior to issuing a building permit for the project unless otherwise permitted by the director.

(4) Application for off-site alternative compliance must document the timing that off-site affordable housing units will be made available and provide assurances to ensure completion of the off-site affordable housing units. The intent is for the affordable housing units to be provided before or at the same time as the on-site market rate housing. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) Official site plan applications shall be processed as a Type 1 decision.

(2) The department may approve the application if the applicant demonstrates that all applicable standards and requirements of this chapter and any applicable sections of Title 30 SCC have been met.

(3) If the project is phased, each phase of the proposed development shall independently meet the requirements of this chapter and Title 30 SCC.

(4) Any dedication of property including rights-of-ways pursuant to this chapter must be based on an individualized determination that the required dedication is reasonably related in nature and extent to the impact of the proposed development.

(5) Proposed developments within an airport compatibility area shall comply with all applicable requirements in chapter 30.32E SCC. (Added by Amended Ord. 24-065, Dec. 4, 2024, Eff date Dec. 22, 2024).

(1) The purpose of this chapter is to regulate development on and adjacent to designated forest lands in order to conserve forest resources and ensure compatibility between forest lands and adjacent uses. An additional purpose of this chapter is to help assure that the use of lands adjacent to designated forest land does not interfere with the continued use, in the accustomed manner, of the designated forest land for the production of timber and other forest products, as required by the state Growth Management Act (chapter 36.70A RCW). This chapter establishes that forest management activities conducted in compliance with current Washington forest practice rules and regulations (Title 222 WAC) on designated forest lands are accepted activities which should be protected from nuisance complaints and lawsuits. A further purpose is to encourage a good neighbor relationship between forest landowners and residential and other landowners. The chapter promotes greater awareness of forest management activities through notification and disclosure requirements.

(2) The provisions of this chapter shall apply to:

(1) Subdivision and short subdivision of parcels adjacent to forest land shall establish a resource protection area of a minimum 100-foot width along forest land boundaries.

(2) The resource protection areas shall be recorded in the manner required by law for covenants running with the land.

(3) Structures shall not be located in the resource protection area and this use restriction shall be considered in calculating the assessed value of the property. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) There shall be no subdivision or short subdivision of land designated commercial forest, except that subdivision or short subdivision to allow installation of communication and utility facilities may be allowed if all the following requirements are met:

(2) Land designated local forest shall not be divided into lots or parcels of less than 20 acres in size except through a rural cluster subdivision pursuant to chapter 30.41C SCC.

(3) Any subdivision or short subdivision of rural land adjacent to designated local or commercial forest lands shall only occur through a rural cluster subdivision as provided under chapter 30.41C SCC; except that, if such rural land is designated rural residential-RD and located outside a rural/urban transition area, rural cluster subdivisions shall not be allowed, and the subdivision or short subdivision procedures of title 30 SCC must be used. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) Establish and maintain a minimum 100-foot setback, which shall be a resource protection area, from the property boundaries of adjacent forest lands except as follows:

(2) Submit a notice signed by the developing landowner and recorded with the title of the developing property, which explains the ability of the forest landowner to practice forestry using management practices as allowed under Title 222 WAC;

(3) Provide adequate access for fire vehicles; and

(4) If the proposed structure is located within 200 feet of the boundary of the property designated forest land, survey the property boundaries that abut forest land, locate the property boundaries on the ground, and submit a record of survey with a building permit application. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Snohomish County shall mail a copy of the disclosure text in SCC 30.32A.220, with an explanatory informational attachment, to owners of real property within 500 feet of any real property redesignated to commercial forest land by amendment to the comprehensive plan future land use map within 90 days from the date the commercial forest land designation becomes effective.

(2) Development permits and building permits for land designated forest land or land adjacent to or within 500 feet of designated forest land shall include or have attached the disclosure text in SCC 30.32A.220 on the final development or building permit in a location determined by the director of the department. The disclosure notice shall apply to the real property upon development or building permit approval, and may not be applicable thereafter if areas designated forest land are changed from designated forest land;

(3) Prior to the closing of a transfer of real property designated forest land or real property adjacent to or within 500 feet of designated forest land, by sale, exchange, gift, real estate contract, lease with option to purchase, any other option to purchase, or any other means of transfer (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in SCC 30.32A.220 and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the director of the department. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer, and may not be applicable thereafter if areas designated forest land are changed from designated forest land; and

(4) In no case shall liability attach to Snohomish County for any actions, errors or omissions of any person subject to the requirements of this section. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 04-119, Nov. 17, 2004, Eff date Dec. 10, 2004; Amended by Ord. 18-061, Dec. 5, 2018, Eff date Dec. 17, 2018).

(1) The purpose of this chapter is to regulate development on and adjacent to designated forest lands in order to conserve forest resources and ensure compatibility between forest lands and adjacent uses. An additional purpose of this chapter is to help assure that the use of lands adjacent to designated forest land does not interfere with the continued use, in the accustomed manner, of the designated forest land for the production of timber and other forest products, as required by the state Growth Management Act (chapter 36.70A RCW). This chapter establishes that forest management activities conducted in compliance with current Washington forest practice rules and regulations (Title 222 WAC) on designated forest lands are accepted activities which should be protected from nuisance complaints and lawsuits. A further purpose is to encourage a good neighbor relationship between forest landowners and residential and other landowners. The chapter promotes greater awareness of forest management activities through notification and disclosure requirements.

(2) The provisions of this chapter shall apply to:

(1) Subdivision and short subdivision of parcels adjacent to forest land shall establish a resource protection area of a minimum 100-foot width along forest land boundaries.

(2) The resource protection areas shall be recorded in the manner required by law for covenants running with the land.

(3) Structures shall not be located in the resource protection area and this use restriction shall be considered in calculating the assessed value of the property. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) There shall be no subdivision or short subdivision of land designated commercial forest, except that subdivision or short subdivision to allow installation of communication and utility facilities may be allowed if all the following requirements are met:

(2) Land designated local forest shall not be divided into lots or parcels of less than 20 acres in size except through a rural cluster subdivision pursuant to chapter 30.41C SCC.

(3) Any subdivision or short subdivision of rural land adjacent to designated local or commercial forest lands shall only occur through a rural cluster subdivision as provided under chapter 30.41C SCC; except that, if such rural land is designated rural residential-RD and located outside a rural/urban transition area, rural cluster subdivisions shall not be allowed, and the subdivision or short subdivision procedures of title 30 SCC must be used. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) Establish and maintain a minimum 100-foot setback, which shall be a resource protection area, from the property boundaries of adjacent forest lands except as follows:

(2) Submit a notice signed by the developing landowner and recorded with the title of the developing property, which explains the ability of the forest landowner to practice forestry using management practices as allowed under Title 222 WAC;

(3) Provide adequate access for fire vehicles; and

(4) If the proposed structure is located within 200 feet of the boundary of the property designated forest land, survey the property boundaries that abut forest land, locate the property boundaries on the ground, and submit a record of survey with a building permit application. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Snohomish County shall mail a copy of the disclosure text in SCC 30.32A.220, with an explanatory informational attachment, to owners of real property within 500 feet of any real property redesignated to commercial forest land by amendment to the comprehensive plan future land use map within 90 days from the date the commercial forest land designation becomes effective.

(2) Development permits and building permits for land designated forest land or land adjacent to or within 500 feet of designated forest land shall include or have attached the disclosure text in SCC 30.32A.220 on the final development or building permit in a location determined by the director of the department. The disclosure notice shall apply to the real property upon development or building permit approval, and may not be applicable thereafter if areas designated forest land are changed from designated forest land;

(3) Prior to the closing of a transfer of real property designated forest land or real property adjacent to or within 500 feet of designated forest land, by sale, exchange, gift, real estate contract, lease with option to purchase, any other option to purchase, or any other means of transfer (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in SCC 30.32A.220 and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the director of the department. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer, and may not be applicable thereafter if areas designated forest land are changed from designated forest land; and

(4) In no case shall liability attach to Snohomish County for any actions, errors or omissions of any person subject to the requirements of this section. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 04-119, Nov. 17, 2004, Eff date Dec. 10, 2004; Amended by Ord. 18-061, Dec. 5, 2018, Eff date Dec. 17, 2018).

(1) The purpose of this chapter is to regulate development on and adjacent to designated farmlands in order to conserve farmland resources and ensure compatibility between farmlands and adjacent uses. This chapter is intended to assure that the use of lands adjacent to designated farmland does not interfere with the continued use, in the accustomed manner, of the designated farmland for the production of food and agricultural products. The chapter establishes that farm activities conducted on designated farmland are recognized as accepted activities. A further purpose is to encourage a good neighbor relationship between farmland owners and residential and other landowners. The chapter promotes greater awareness of farming activities through notification regarding farm activities to owners of land in, adjacent to, and near designated farmlands.

(2) The provisions of this chapter shall apply to:

(1) Applicants for building permits for new dwellings proposed to be located on existing legal lots within farmlands or on parcels adjacent to farmlands may establish a resource protection area.

(2) Subdivisions, short subdivisions, and rural cluster subdivisions of parcels adjacent to designated farmland shall establish a resource protection area which implements the minimum setback requirements of 30.32B.130.

(3) Resource protection areas shall be recorded in the manner required by law for covenants running with the land.

(4) Dwellings shall not be located in the resource protection area and this use restriction shall be considered in calculating the assessed value of the property. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-089, Dec. 21, 2005, Eff date Feb. 1, 2006).

(1) Churches;

(2) Ultralight airfields; and

(3) New government structures and facilities, except roads, utilities, and flood protection, drainage, and irrigation structures and facilities. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Dwellings within designated farmland shall be setback 50 feet.

(2) Dwellings on parcels adjacent to designated farmland shall be setback 100 feet.

(3) If the size, shape, and/or physical site constraints of an existing legal lot do not allow for the required setback, the new dwelling shall maintain the maximum setback possible within the physical constraints of the lot as determined by the department; or

(4) If the owner of the land on which the new dwelling is proposed and the owner of the adjacent designated farmland each sign and record with the county auditor, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the adjacent properties, an alternative setback may be maintained. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-089, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009).

(1) Snohomish County shall mail a copy of the disclosure text in SCC 30.32B.220, with an explanatory informational attachment, to owners of real property within 1,300 feet of any real property redesignated to local commercial farmland, upland commercial farmland or riverway commercial farmland by amendment to the comprehensive plan future land use map within 90 days from the date the farmland designation becomes effective.

(2) Development permits and building permits for land designated farmland or land adjacent to or within 1,300 feet of designated farmland shall include the disclosure text in SCC 30.32B.220, on the final development or building permit in a location determined by the director of the department. The disclosure notice shall apply to the real property upon development or building permit approval, and may not be applicable thereafter if areas designated farmland are changed from the farmland designation;

(3) Prior to the closing of a transfer of real property designated farmland, or real property adjacent to or within 1,300 feet of designated farmland, by sale, exchange, gift, real estate contract, lease with option to purchase, any other option to purchase, or any other means of transfer (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in SCC 30.32B.220 and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the director of the department. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer, and may not be applicable thereafter if areas designated farmland are changed from the farmland designation; and

(4) In no case shall liability attach to Snohomish County for any actions, error, or omissions of any person subject to the requirements of this section. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Added by Ord. 18-061, Dec. 5, 2018, Eff date Dec. 17, 2018).

(1) The purpose of this chapter is to regulate development on and adjacent to designated farmlands in order to conserve farmland resources and ensure compatibility between farmlands and adjacent uses. This chapter is intended to assure that the use of lands adjacent to designated farmland does not interfere with the continued use, in the accustomed manner, of the designated farmland for the production of food and agricultural products. The chapter establishes that farm activities conducted on designated farmland are recognized as accepted activities. A further purpose is to encourage a good neighbor relationship between farmland owners and residential and other landowners. The chapter promotes greater awareness of farming activities through notification regarding farm activities to owners of land in, adjacent to, and near designated farmlands.

(2) The provisions of this chapter shall apply to:

(1) Applicants for building permits for new dwellings proposed to be located on existing legal lots within farmlands or on parcels adjacent to farmlands may establish a resource protection area.

(2) Subdivisions, short subdivisions, and rural cluster subdivisions of parcels adjacent to designated farmland shall establish a resource protection area which implements the minimum setback requirements of 30.32B.130.

(3) Resource protection areas shall be recorded in the manner required by law for covenants running with the land.

(4) Dwellings shall not be located in the resource protection area and this use restriction shall be considered in calculating the assessed value of the property. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-089, Dec. 21, 2005, Eff date Feb. 1, 2006).

(1) Churches;

(2) Ultralight airfields; and

(3) New government structures and facilities, except roads, utilities, and flood protection, drainage, and irrigation structures and facilities. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Dwellings within designated farmland shall be setback 50 feet.

(2) Dwellings on parcels adjacent to designated farmland shall be setback 100 feet.

(3) If the size, shape, and/or physical site constraints of an existing legal lot do not allow for the required setback, the new dwelling shall maintain the maximum setback possible within the physical constraints of the lot as determined by the department; or

(4) If the owner of the land on which the new dwelling is proposed and the owner of the adjacent designated farmland each sign and record with the county auditor, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the adjacent properties, an alternative setback may be maintained. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-089, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009).

(1) Snohomish County shall mail a copy of the disclosure text in SCC 30.32B.220, with an explanatory informational attachment, to owners of real property within 1,300 feet of any real property redesignated to local commercial farmland, upland commercial farmland or riverway commercial farmland by amendment to the comprehensive plan future land use map within 90 days from the date the farmland designation becomes effective.

(2) Development permits and building permits for land designated farmland or land adjacent to or within 1,300 feet of designated farmland shall include the disclosure text in SCC 30.32B.220, on the final development or building permit in a location determined by the director of the department. The disclosure notice shall apply to the real property upon development or building permit approval, and may not be applicable thereafter if areas designated farmland are changed from the farmland designation;

(3) Prior to the closing of a transfer of real property designated farmland, or real property adjacent to or within 1,300 feet of designated farmland, by sale, exchange, gift, real estate contract, lease with option to purchase, any other option to purchase, or any other means of transfer (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in SCC 30.32B.220 and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the director of the department. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer, and may not be applicable thereafter if areas designated farmland are changed from the farmland designation; and

(4) In no case shall liability attach to Snohomish County for any actions, error, or omissions of any person subject to the requirements of this section. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Added by Ord. 18-061, Dec. 5, 2018, Eff date Dec. 17, 2018).

(1) Excavation and processing of minerals:

(2) Excavation and processing of minerals is allowed only on mineral resource lands designated in the comprehensive plan (MRO), or mining claims officially recognized by the state or federal government and recorded with the auditor, with the exception of:

(3) If a parcel contains any portion of designated mineral resource lands it will be considered fully designated for the purpose of determining eligibility to apply for the permits required for excavation and processing of minerals. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1)  Sites are eligible for administrative conditional use permit or conditional use permit consideration if they meet the criteria in SCC 30.32C.010(3).

(2)  Sites may be proposed for Mineral Resource designation (MRO) and shall be considered in accordance with the provisions in chapter 30.74 SCC using the criteria for designation set forth in the GMA Comprehensive Plan LU Policies 9.A.1 through 9.A.13.

(3) Designation as Mineral Resource Lands in the GMA Comprehensive Plan signifies that the use of mineral lands has been anticipated and evaluated at an area-wide level in terms of potential environmental impacts. The Mineral Resource Lands Designation environmental documents, the Draft Supplemental EIS Snohomish County Mineral Lands Designation (November, 2001), Draft Supplemental EIS Addendum Snohomish County Mineral Lands Designation (July, 2002), and the Final Supplemental EIS Snohomish County Mineral Lands Designation (August, 2003), may be relied on when making threshold determinations, preparing site specific environmental documents, identifying mitigation measures in accordance with chapter 30.61 SCC, or developing administrative rules and procedures in accordance with chapter 30.82 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021; Amended by Ord. 25-044, Aug. 13, 2025, Eff date Sept. 6, 2025. Formerly 30.31D.020).

(1) A conditional use permit, pursuant to chapter 30.42C SCC, or an administrative conditional use permit, pursuant to chapter 30.43A SCC, shall be required for an mineral excavation and processing proposal. A conditional use permit shall be required unless the proposal meets all of the following criteria in which case an administrative conditional use permit process may be used:

(2) All proposals shall be subject to the requirements of the State Environmental Policy Act and shall be reviewed pursuant to chapter 30.61 SCC. (Added by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.030).

(1) Where the MRO coincides with the R-5 zone, residential subdivision is prohibited on any parcel, or portion of a parcel, located within the MRO, except as provided by a development agreement under SCC 30.32C.250. Where the MRO covers only a portion of a parcel zoned R-5, that portion of the parcel not covered by the MRO may be subdivided subject to the requirements of SCC 30.32C.050(2).

(2) Residential subdivision of land partially designated with the MRO, as well as land adjacent to the MRO, shall be allowed on that portion of the land located outside of the MRO provided the owner:

(1) Performance standards, permit procedures and requirements, and decision criteria for excavation and processing of minerals related to designated mineral resource lands are established under this chapter. In granting an administrative conditional use permit or a conditional use permit for mineral excavations, the following conditions shall apply in all cases, except when more restrictive conditions are imposed by the approval authority:

(2) In no case shall mineral operations impair lateral support or cause earth movements or erosion to extend beyond the exterior boundary lines of property being excavated.

(3) Impacts resulting from traffic generated by mineral operations shall be addressed pursuant to chapter 30.66B SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1) Operators shall divert or protect all natural drain courses to prevent pollution or reduction of natural flow, shall impound runoff as necessary to hold runoff to levels existing prior to the introduction of excavation operations, shall protect streams and grounds from acid forming or toxic materials exposed or produced by excavation operations, shall seal off to the extent directed by the approval authority, any breakthrough of acid water creating a hazard, and shall not allow water to collect nor permit stagnant water to remain in excavations. Wherever possible, the operator shall refrain from disturbing natural drainage course, streams, rivers, and lakes.

(2) All applications for an administrative conditional use permit or a conditional use permit for mineral excavation shall also include a hydrogeologic site evaluation pursuant to chapter 30.62C SCC. The excavation shall identify an adequate separation between the bottom of the excavation and the groundwater table.

(3) Pursuant to SCC 30.32C.220, the approval authority may require summer testing of groundwater levels and quality. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 07-090, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.130).

(1) Where applicable pursuant to SCC 30.63B.020, excavation and processing of minerals, and other mining-related development activities, including but not limited to road construction, drainage facilities and detention ponds, and reclamation of mining sites not subject to chapter 78.44 RCW, shall be in accordance with chapter 30.63B SCC.

(2) Topsoil that exists on a site shall be retained on the site in sufficient quantities to ensure an adequate supply for reclamation purposes for excavations not regulated by the state pursuant to chapter 78.44 RCW. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.160).

(1) It is determined that the reclamation plans and operating procedures for excavations not regulated by the state pursuant to chapter 78.44 RCW proposed by the applicant are not adequate to protect the general welfare and adjoining properties or the natural environment to an extent deemed reasonable as conditioned by these local circumstances:

(2) The applicant has ever had a previous county permit permanently revoked for cause; or

(3) The applicant has previously forfeited a security device attached to a previous operation, unless corrective measures have taken place without cost to the county or state; or

(4) The suitability of the location and the operation considering the nature and degree of surrounding development. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.210).

(1) Regulation of the height and location of all equipment installed on the site, above and beyond the setback restrictions of this chapter, if unusual circumstances bearing on public safety or other vital concerns are deemed to exist;

(2) The number and locations of points of ingress and egress to and from any mining operation;

(3) Wherever possible the operator shall schedule his excavation sequence in such a manner as to provide either natural or reclaimed buffers between the operation and adjoining properties;

(4) Lighting to minimize visibility from adjacent property and preclude it from shining directly onto adjoining property;

(5) Stockpiles and tailings shall not exceed the height, slope and moisture content limits determined by the hearing examiner, nor shall such stockpiles or tailings be so located as to threaten adjacent slopes or properties. In making this determination, the approval authority may consult with the Washington State Department of Transportation, the Department of Natural Resources, the director of the department of public works, or other authoritative sources;

(6) Selective cutting of timber in power line corridors;

(7) Control of signs;

(8) The selection of building materials in scenic areas;

(9) The preservation of animal trails by use of trestle and culverts;

(10) Public access to unexcavated areas, especially if the areas include waterfront property;

(11) Closed aggregate washing systems;

(12) The location of mining towns, mills, tailing dump sites, settling ponds;

(13) The removal of access roads in wilderness areas after the completion of mining, as well as their restriction from public use during such operations;

(14) Provisions for groundwater testing;

(15) The establishment of a haul route agreement; and

(16) Required participation in a monitoring program. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.220).

(1) A review of all applicable county permits;

(2) A review of all work actually being conducted on the site; and

(3) A comparison of the actual performance with approved methods contained in the permit, as well as a recording of any known violations of state or federal permits. All violations shall be noted whether or not they are corrected in the presence of the inspector. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.230).

(1) Sites with an active conditional use permit or administrative conditional use permit issued pursuant to this chapter that are approaching depletion of all commercially significant mineral resources on the site may enter into a development agreement under chapter 30.75 SCC to address reclamation and transition into post-extractive uses.

(2) Development agreements under subsection (1) of this section may allow grading, utility installation, landscaping, and other necessary components of the development not inconsistent with ongoing mining to occur upon approval but will prohibit final subdivision or short subdivision approval and issuance of any building permit not directly related to mining operations until the completion of surface mining as defined by RCW 78.44.031(2) on the site. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.240).

(1) Snohomish County shall mail a copy of the disclosure text in SCC 30.32C.310, with an explanatory informational attachment, to owners of real property within 2,000 feet of any real property redesignated to mineral resource land by amendment to the comprehensive plan future land use map within 90 days from the date the mineral resource land designation becomes effective.

(2) Development permits and building permits for land that is designated mineral resource land or land that is within 2,000 feet of designated mineral resource land shall include the notice contained in SCC 30.32C.310. The notice requirement shall apply to the real property which is subject to the development or building permit only so long as the subject property is designated or is within 2,000 feet of land that is designated mineral resource land. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 18-061, Dec. 5, 2018, Eff date Dec. 17, 2018; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.32C.200).

(1) Excavation and processing of minerals:

(2) Excavation and processing of minerals is allowed only on mineral resource lands designated in the comprehensive plan (MRO), or mining claims officially recognized by the state or federal government and recorded with the auditor, with the exception of:

(3) If a parcel contains any portion of designated mineral resource lands it will be considered fully designated for the purpose of determining eligibility to apply for the permits required for excavation and processing of minerals. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1)  Sites are eligible for administrative conditional use permit or conditional use permit consideration if they meet the criteria in SCC 30.32C.010(3).

(2)  Sites may be proposed for Mineral Resource designation (MRO) and shall be considered in accordance with the provisions in chapter 30.74 SCC using the criteria for designation set forth in the GMA Comprehensive Plan LU Policies 9.A.1 through 9.A.13.

(3) Designation as Mineral Resource Lands in the GMA Comprehensive Plan signifies that the use of mineral lands has been anticipated and evaluated at an area-wide level in terms of potential environmental impacts. The Mineral Resource Lands Designation environmental documents, the Draft Supplemental EIS Snohomish County Mineral Lands Designation (November, 2001), Draft Supplemental EIS Addendum Snohomish County Mineral Lands Designation (July, 2002), and the Final Supplemental EIS Snohomish County Mineral Lands Designation (August, 2003), may be relied on when making threshold determinations, preparing site specific environmental documents, identifying mitigation measures in accordance with chapter 30.61 SCC, or developing administrative rules and procedures in accordance with chapter 30.82 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021; Amended by Ord. 25-044, Aug. 13, 2025, Eff date Sept. 6, 2025. Formerly 30.31D.020).

(1) A conditional use permit, pursuant to chapter 30.42C SCC, or an administrative conditional use permit, pursuant to chapter 30.43A SCC, shall be required for an mineral excavation and processing proposal. A conditional use permit shall be required unless the proposal meets all of the following criteria in which case an administrative conditional use permit process may be used:

(2) All proposals shall be subject to the requirements of the State Environmental Policy Act and shall be reviewed pursuant to chapter 30.61 SCC. (Added by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.030).

(1) Where the MRO coincides with the R-5 zone, residential subdivision is prohibited on any parcel, or portion of a parcel, located within the MRO, except as provided by a development agreement under SCC 30.32C.250. Where the MRO covers only a portion of a parcel zoned R-5, that portion of the parcel not covered by the MRO may be subdivided subject to the requirements of SCC 30.32C.050(2).

(2) Residential subdivision of land partially designated with the MRO, as well as land adjacent to the MRO, shall be allowed on that portion of the land located outside of the MRO provided the owner:

(1) Performance standards, permit procedures and requirements, and decision criteria for excavation and processing of minerals related to designated mineral resource lands are established under this chapter. In granting an administrative conditional use permit or a conditional use permit for mineral excavations, the following conditions shall apply in all cases, except when more restrictive conditions are imposed by the approval authority:

(2) In no case shall mineral operations impair lateral support or cause earth movements or erosion to extend beyond the exterior boundary lines of property being excavated.

(3) Impacts resulting from traffic generated by mineral operations shall be addressed pursuant to chapter 30.66B SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1) Operators shall divert or protect all natural drain courses to prevent pollution or reduction of natural flow, shall impound runoff as necessary to hold runoff to levels existing prior to the introduction of excavation operations, shall protect streams and grounds from acid forming or toxic materials exposed or produced by excavation operations, shall seal off to the extent directed by the approval authority, any breakthrough of acid water creating a hazard, and shall not allow water to collect nor permit stagnant water to remain in excavations. Wherever possible, the operator shall refrain from disturbing natural drainage course, streams, rivers, and lakes.

(2) All applications for an administrative conditional use permit or a conditional use permit for mineral excavation shall also include a hydrogeologic site evaluation pursuant to chapter 30.62C SCC. The excavation shall identify an adequate separation between the bottom of the excavation and the groundwater table.

(3) Pursuant to SCC 30.32C.220, the approval authority may require summer testing of groundwater levels and quality. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 07-090, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.130).

(1) Where applicable pursuant to SCC 30.63B.020, excavation and processing of minerals, and other mining-related development activities, including but not limited to road construction, drainage facilities and detention ponds, and reclamation of mining sites not subject to chapter 78.44 RCW, shall be in accordance with chapter 30.63B SCC.

(2) Topsoil that exists on a site shall be retained on the site in sufficient quantities to ensure an adequate supply for reclamation purposes for excavations not regulated by the state pursuant to chapter 78.44 RCW. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.160).

(1) It is determined that the reclamation plans and operating procedures for excavations not regulated by the state pursuant to chapter 78.44 RCW proposed by the applicant are not adequate to protect the general welfare and adjoining properties or the natural environment to an extent deemed reasonable as conditioned by these local circumstances:

(2) The applicant has ever had a previous county permit permanently revoked for cause; or

(3) The applicant has previously forfeited a security device attached to a previous operation, unless corrective measures have taken place without cost to the county or state; or

(4) The suitability of the location and the operation considering the nature and degree of surrounding development. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.210).

(1) Regulation of the height and location of all equipment installed on the site, above and beyond the setback restrictions of this chapter, if unusual circumstances bearing on public safety or other vital concerns are deemed to exist;

(2) The number and locations of points of ingress and egress to and from any mining operation;

(3) Wherever possible the operator shall schedule his excavation sequence in such a manner as to provide either natural or reclaimed buffers between the operation and adjoining properties;

(4) Lighting to minimize visibility from adjacent property and preclude it from shining directly onto adjoining property;

(5) Stockpiles and tailings shall not exceed the height, slope and moisture content limits determined by the hearing examiner, nor shall such stockpiles or tailings be so located as to threaten adjacent slopes or properties. In making this determination, the approval authority may consult with the Washington State Department of Transportation, the Department of Natural Resources, the director of the department of public works, or other authoritative sources;

(6) Selective cutting of timber in power line corridors;

(7) Control of signs;

(8) The selection of building materials in scenic areas;

(9) The preservation of animal trails by use of trestle and culverts;

(10) Public access to unexcavated areas, especially if the areas include waterfront property;

(11) Closed aggregate washing systems;

(12) The location of mining towns, mills, tailing dump sites, settling ponds;

(13) The removal of access roads in wilderness areas after the completion of mining, as well as their restriction from public use during such operations;

(14) Provisions for groundwater testing;

(15) The establishment of a haul route agreement; and

(16) Required participation in a monitoring program. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.220).

(1) A review of all applicable county permits;

(2) A review of all work actually being conducted on the site; and

(3) A comparison of the actual performance with approved methods contained in the permit, as well as a recording of any known violations of state or federal permits. All violations shall be noted whether or not they are corrected in the presence of the inspector. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.230).

(1) Sites with an active conditional use permit or administrative conditional use permit issued pursuant to this chapter that are approaching depletion of all commercially significant mineral resources on the site may enter into a development agreement under chapter 30.75 SCC to address reclamation and transition into post-extractive uses.

(2) Development agreements under subsection (1) of this section may allow grading, utility installation, landscaping, and other necessary components of the development not inconsistent with ongoing mining to occur upon approval but will prohibit final subdivision or short subdivision approval and issuance of any building permit not directly related to mining operations until the completion of surface mining as defined by RCW 78.44.031(2) on the site. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.31D.240).

(1) Snohomish County shall mail a copy of the disclosure text in SCC 30.32C.310, with an explanatory informational attachment, to owners of real property within 2,000 feet of any real property redesignated to mineral resource land by amendment to the comprehensive plan future land use map within 90 days from the date the mineral resource land designation becomes effective.

(2) Development permits and building permits for land that is designated mineral resource land or land that is within 2,000 feet of designated mineral resource land shall include the notice contained in SCC 30.32C.310. The notice requirement shall apply to the real property which is subject to the development or building permit only so long as the subject property is designated or is within 2,000 feet of land that is designated mineral resource land. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 18-061, Dec. 5, 2018, Eff date Dec. 17, 2018; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021. Formerly 30.32C.200).

(1) The purpose of this chapter is to identify, evaluate, and protect archaeological and historic resources within Snohomish county and to preserve and rehabilitate eligible historic properties for future generations, in order to:

(2) In Washington State, archaeology sites, historical graves and cemeteries, and Native American grave sites are protected by state laws on both public and private lands. This chapter does not repeal, modify, or waive any provision of federal or state law currently enacted, or as enacted in the future, that regulates archaeological sites including, but not limited to: the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470aa-mm); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); the National Historic Preservation Act (16 U.S.C. 470 et seq.); chapter 27.44 RCW titled "Indian Graves and Records"; chapter 27.53 RCW titled "Archaeological Sites and Resources"; chapter 68.50 RCW titled "Human Remains"; and chapter 68.60 RCW titled "Abandoned and Historic Cemeteries and Historic Graves."

(3) This chapter applies to:

(4) Regulations concerning the Snohomish County Historic Preservation Commission are in chapter 2.96 SCC; regulations concerning the state tax incentive program for qualifying historic properties are located in chapter 4.31 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-037, Dec. 13, 2006, Eff date Jan. 5, 2007; Amended by Amended Ord. 21-043, Aug. 18, 2021, Eff date Sept. 2, 2021).

(1) Listing on the county register is an honorary designation denoting significant association with the historic, architectural, archaeological, engineering, or cultural heritage of the community. Property is listed individually or as properties that as a group contribute to the historical integrity of an historic district.

(2) The historic preservation commission, as established in Title 2 SCC, or any person may nominate a building, site, structure, object, or district for placement on the county register by submitting a letter to the historic preservation commission.

(3) The county shall make a written recommendation to the historic preservation commission regarding the nomination and notify the property owner of the nomination, if necessary. If the property owner consents to the nomination, the department shall schedule a public meeting before the historic preservation commission to consider the nomination. The county shall publish notice of the public meeting in accordance with SCC 30.70.045 and provide mailed notice to the property owner, occupant, and nominator.

(4) The historic preservation commission shall consider the nomination at the public meeting. If the commission finds that the nominated property meets the criteria for designation established in SCC 30.32D.040, the commission shall designate the property on the county register. If the property is so designated by the commission, the department shall indicate the designation on county zoning maps by placing "HR" on the property.

(5) The county shall provide notice of the historic preservation commission’s decision as required in SCC 30.32D.030. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) The historic preservation commission may designate a property or properties on the county register only if the building, site, structure, object, or district is at least fifty years old or, in the event that the property is of exceptional historical significance as determined by the commission, at least forty years old.

(2) The commission will also consider whether the nominated property or properties:

(1) Initiation of removal of a property from the local register may occur in one of the following ways:

(2) The historic preservation commission will schedule a public meeting for consideration of removal of any property from the local register. If removal is requested by the property owner, the commission must schedule the public meeting within 30 days of receipt of the request for removal. The department shall provide notice of the public meeting in accordance with SCC 30.32D.030(3).

(3) If the property owner has requested removal, the property owner must notify the historic preservation commission within one week of the conclusion of the public meeting that

(4) The historic preservation commission may remove property from the local register without the owner’s consent if alterations to the property result in loss of historical integrity. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) An owner of property listed on the local register who proposes any physical alteration or rehabilitation of the exterior of a register property, or of interior features that are listed as contributing to the significance of the property, excluding ordinary repair, maintenance and emergency repairs, must request and receive a certificate of appropriateness from the historic preservation commission for the proposed work. If a building permit is required pursuant to subtitle 30.5 SCC for the work, issuance of a certificate of appropriateness will be a precondition to issuance of a building permit.

(2) An owner who proposes to partially or completely demolish a register property must request and receive from the historic preservation commission a waiver of a certificate of appropriateness as a precondition to issuance of a permit for demolition. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The applicant for a permit to perform any work described in SCC 30.32D.060 shall submit a copy of the building permit or demolition permit application to the historic preservation commission along with a request to be considered for a certificate of appropriateness or waiver.

(2) The commission shall consider a request for a certificate of appropriateness or waiver at a public meeting. The department shall publish notice of the meeting as required in SCC 30.70.045 and provide mailed notice to the applicant and the property owner.

(3) The department shall not issue a building permit or a demolition permit for a property listed on the local register until a certificate of appropriateness or waiver is issued. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) An applicant must include within a request for a certificate of appropriateness any information required by the historic preservation commission as set out by administrative rule. Information required by the commission will include information responding to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, referred to in WAC 254-20-100 and used by the Washington State Advisory Council on Historic Preservation and by the commission. A copy of the standards is available at the department front counter.

(2) When responding to a request for a certificate of appropriateness, the historic preservation commission shall review all features of the property that are proposed for alteration and that are listed as contributing to the property’s designation on the local register nomination form.

(3) The commission shall meet with the applicant and review the proposed work according to the design review criteria established by administrative rule.

(4) The commission shall complete its review and make its recommendation within forty-five days of the date of receipt of the application. If necessary, the commission may extend the review period for up to an additional twenty days. If no recommendation has been made within sixty-five days, the commission is considered to have recommended approval.

(5) The commission will provide the applicant with its written recommendation, stating the findings of fact and conclusions leading to the recommendation. Any conditions agreed to by the applicant in the review process and accepted by the commission shall become conditions of approval for any relevant permit granted and be incorporated in the commission’s decision to grant a certificate of appropriateness.

(6) If the applicant agrees to the commission’s recommendation, the commission shall issue a certificate of appropriateness, which shall be transmitted to the building official by the applicant.

(7) If the applicant does not agree to the commission’s recommendation and any alteration to the property is determined to be inappropriate by the commission, the property may be removed by the commission from the local register. Once the property is removed from the local register, the requirement of SCC 30.32D.060(1) shall no longer apply. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-037, Dec. 13, 2006, Eff date Jan. 5, 2007).

(1) An applicant must include within a request for a waiver of a certificate of appropriateness any information required by the historic preservation commission as set out by administrative rule.

(2) The commission shall review the request for a waiver in accordance with the commission’s administrative rules. The commission shall consider whether there is any feasible alternative to the demolition proposed.

(3) Following review of the request, the commission shall issue a waiver of a certificate of appropriateness, which shall be transmitted to the building official by the applicant.

(4) As a part of the issuance of the waiver, the commission may recommend to the building official that the applicant mitigate the demolition of register property. The commission shall support any recommended requirement of mitigation with findings of fact and conclusions. Mitigation may include, but is not limited to, an identification plaque, use of an architectural element of an historic building in new construction, and/or buffering or protection of remaining elements of an historic resource. The building official shall adopt a commission recommendation for mitigation as a condition of approval of any permit granted for partial or complete demolition of the property.

(5) After the property is partially or completely demolished, the commission shall remove the property from the local register. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Known archaeological sites are recorded on WISAARD and information from data sharing agreements between Snohomish County and the Washington State Department of Archaeology and Historic Preservation (DAHP).

(2) An archaeological site may cover only a portion of a property, parcel, or lot and may extend onto more than one property, parcel, or lot.

(3) Completion of a professional archaeological survey:

(4) A professional archaeological survey report required under subsection (3) of this section shall:

(5) The department shall provide a copy of the archaeological survey report to any affected Indian tribe and the DAHP. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-037, Dec. 13, 2006, Eff date Jan. 5, 2007; Amended by Amended Ord. 15-027, May 6, 2015, Eff date May 24, 2015; Amended by Amended Ord. 21-043, Aug. 18, 2021, Eff date Sept. 2, 2021).

(1) The county approving authority shall not issue a permit for any development activity or project approval requiring a professional archaeological survey report pursuant to SCC 30.32D.200 without considering the professional archaeological survey report, any comments on the report submitted by an affected Indian tribe, and any additional archaeological work and permitting required under chapter 27.53 RCW.

(2) Based on the information contained in the professional archaeological survey report and any comments submitted by any affected Indian tribes obtained during the review process, the county approving authority will condition the permit or project approval to comply with any permitting and additional archaeological work required under federal and state laws for the protection of archaeological resources. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-037, Dec. 13, 2006, Eff date Jan. 5, 2007; Amended by Amended Ord. 21-043, Aug. 18, 2021, Eff date Sept. 2, 2021).

(1) If, during the course of construction, earth movement, clearing or other land disturbing activity, archaeological resources are encountered, all work shall cease immediately. Under these circumstances, the director may issue a stop work order pursuant to chapter 30.85 SCC.

(2) The applicant shall immediately notify the director and promptly notify any affected Indian tribe and the Washington State Department of Archaeology and Historic Preservation (DAHP).

(3) Ground disturbance may not proceed until consultation with any affected Indian tribe and DAHP is complete. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 21-043, Aug. 18, 2021, Eff date Sept. 2, 2021).

(1) If, during the course of construction, earth movement, clearing or other land disturbing activity, human remains are encountered, all work shall cease immediately in an area large enough to protect the find.

(2) The finding of human skeletal remains shall be reported to the county medical examiner and local law enforcement by the applicant or property owner in the most expeditious manner possible.

(3) The remains shall not be touched, moved, or further disturbed. The county medical examiner shall assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner determines the remains are non-forensic, they shall report that finding to DAHP.

(4) The applicant or property owner shall also promptly notify DAHP and the director of the finding of human skeletal remains. The director may issue a stop work order pursuant to chapter 30.85 SCC.

(5) Construction, earth movement, clearing, or other land disturbing activity may not proceed without DAHP approval. (Added by Amended Ord. 21-043, Aug. 18, 2021, Eff date Sept. 2, 2021).

(1) The purpose of this chapter is to identify, evaluate, and protect archaeological and historic resources within Snohomish county and to preserve and rehabilitate eligible historic properties for future generations, in order to: