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A. Use Table.

Eating and Drinking Establishments

Zoning Classification

R 40,000

R 9,600

R 8,400

R 7,200

R 5,400d

R 5,400a

R 4,000

R 2,800

R-AC

OP

NB

CB

GC

LI

Restaurants, drive-through order

P

P

Restaurants, take-out order

P

P

P

P

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

P

P

P

P

Taverns (2)

P

P

P

P

Vendor carts or trucks (3)

P

P

P

P

P

Vendor, ice cream

P

P

P

P

P

P

P

P

P

P

P

Vendor spaces or stands (4)

P

P

P

P

P

P: Permitted Use

C: Conditional Use

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

B. Development and Operating Conditions.

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

2. Taverns may include brewing equipment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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