12.64.001 Applicability.
The policies contained within this chapter shall apply as follows:
A. New Construction. All regulations in Chapter 12.64 BMC shall apply, except that within the Campus District (i) the regulations of Chapter 12.64 BMC shall apply only to the extent such regulations are identified in BMC 12.64.108 and (ii) the remaining regulations of this Chapter 12.64 BMC shall be used as guidance when the provisions of BMC 12.64.108 do not fully address an issue pertaining to a development proposal
B. Additions and Improvements.
1. These downtown subarea regulations shall apply to significant additions constituting greater than 10 percent of a building’s floor area OR exterior improvements costing more than 10 percent of a property’s assessed value.
2. Requirements for renovation or enlargements shall only apply to net new floor area.
3. Improvements and additions to existing buildings that increase nonconformities are not permitted.
4. If regulations to be applied to net new floor area are not specified in this chapter, then citywide regulations shall apply.
5. Outdoor dining space structures of 1,000 square feet in area or less associated with existing businesses are exempt from the provisions of this chapter and do not constitute an expansion of the existing business.
C. Use Changes.
1. Any use change to a non-conforming use is not permitted, except as provided for in BMC 12.64.105(A)(3).
2. Regulations that apply to use changes shall be determined by the Community Development Director/Designee.
D. New Signs.
1. The regulations contained in BMC 12.64.600 shall apply to all new signs.
2. Any permanent signs made non-conforming as a result of the adoption of these Downtown Subarea Regulations may be repaired, but not structurally altered or made more non-conforming in any way. See section BMC 12.22.140 for additional detailed requirements.
E. Continued Use. Nothing contained in this section shall require any change in any existing building or structure for which a building permit has been previously issued, or in any proposed building or structure for which a building permit application was deemed complete prior to the effective date of the ordinance codified in this chapter. Changes in the property’s ownership or tenants of existing uses shall require no change in any existing building or structure. See also BMC 12.26 for more detailed regulations regarding non-conforming uses, structures and other improvements.
F. Shoreline Master Program. All actions on parcels or parts of parcels under Shoreline Master Program jurisdiction (see Appendix A, Figure A.36) shall be consistent with the Goals, Policies, and Actions as laid out in the Shoreline Master Program Element of the Comprehensive Plan. Private development in these areas shall be regulated by the Downtown Subarea Regulations as well as by the Shoreline Master Program Provisions as set forth in Title 13 of the Bothell Municipal Code. Where there is a conflict between these Subarea Regulations and the Shoreline Regulations, the Shoreline Regulations shall apply.
G. Environmental Mitigation. Development may be subject to mitigating measures which were identified in the Downtown Subarea Plan and Regulations Planned Action Draft and Final Environmental Impact Statement and adopted via Ordinance 2027 (2009). (Ord. 2397 § 5, 2023; Ord. 2237 § 5, 2017; Ord. 2154 § 2 (Exh. B), 2014).