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Title 17
ZONINGChapters:
17.03 General Provisions
17.06 Definitions
17.09 District Establishment, Maps and Boundaries
17.12 Land Uses
17.15 R-1 Land Use District
17.18 Repealed
17.21 R-2 Two-family Residence District
17.24 R-3 Multifamily Residence District
17.27 R-S Semi-public District
17.28 OSP Open Space, Parks and Agriculture District
17.30 MR-NB Medium Density Residential and Neighborhood Business District
17.33 B-1 Business District
17.36 C-1 General Commercial District
17.39 C-2 Heavy Commercial District
17.42 M-1 Industrial District
17.43 Business Park District
17.45 Supplemental Development Standards
17.48 Performance Standards
17.50 Landscaping
17.51 Superseded
17.54 Off-street Parking and Loading
17.57 Repealed
17.58 Noise Abatement and Control
17.60 Public Utilities
17.63 Signs
17.66 Nonconforming Structures, Land and Uses
17.68 The Land Use Permit Process – Framework for Decisionmaking
17.69 Design Review Board
17.72 Repealed
17.75 Repealed
17.76 Planning Commission
17.78 Board of Adjustment
17.81 Repealed
17.84 Enforcement of the Zoning Code
17.87 Violation – Penalty
Chapter 17.03
GENERAL PROVISIONS1Sections:
17.03.010 Short title.
17.03.020 Purpose.
17.03.030 Scope.
17.03.040 Administrative interpretations.
17.03.050 Zoning for annexed land.
17.03.060 Relationship to other titles, chapters and codes.
17.03.010 Short title.
The ordinance codified in this title shall be known as “The Comprehensive Zoning Ordinance” of the city of Burlington which shall constitute Title 17 of the Burlington Municipal Code and shall hereafter be referred to as “this title”. (Ord. 1221 § 1, 1992).
17.03.020 Purpose.
A. The purpose of this title is to implement the city of Burlington’s comprehensive plan. This title will be used to further the growth and development of the city of Burlington consistent with the adopted comprehensive plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city’s population.
B. The specific zones and regulations herein are designed to facilitate adequate provisions of utilities, schools, parks and housing with essential light, air, privacy, and open space; to lessen congestion on streets and facilitate the safe movement of traffic thereon; to stabilize and enhance property values; to prevent the overcrowding of land; to facilitate adequate provisions for doing public and private business and thereby safeguard the community’s economic structure upon which the prosperity and welfare of all depends and through such achievements help ensure the safety and security of home life, foster good citizenship, create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.
C. To most effectively accomplish these purposes, this title divides the city into zones wherein the location, height and use of buildings, the use of land, the size of yards and other open space, and the provision of off-street parking and loading are regulated and restricted in accordance with the comprehensive plan for the city of Burlington. These zones and regulations are hereby deemed necessary and are made with reasonable consideration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the city. (Ord. 1221 § 1, 1992).
17.03.030 Scope.
A. The provisions of this title shall apply to both public and private use of land within the corporate limits of the city of Burlington.
B. Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than the uses listed as being permitted in the district in which such building, land, or premises are located.
C. Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance therewith, may continue as provided in chapter 17.66 BMC.
D. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. It is not intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this title imposes a greater restriction upon the use of land and/or building or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern.
E. No division of land shall occur unless in compliance with the provisions of this title.
F. This title is not intended to regulate the erection, construction, or reconstruction of public streets, power poles, street lights, utility lift stations, transmission lines, or other public uses necessary to support the general public welfare, carried on by the city of Burlington, or agents of the city working under the appropriate contract or franchise.
G. A land use permit issued pursuant to chapter 17.68 BMC shall be required to establish or change use as provided by this title. Issuance of a building permit shall constitute the land use permit for a Type I decision as described in BMC 17.68.040(A). (Ord. 1221 § 1, 1992).
17.03.040 Administrative interpretations.
A. The planning director shall be authorized to interpret the meaning of words, phrases and sentences which relate to the determining of uses permitted in the various districts, approval or disapproval of development plans, or other related zoning actions.
B. The planning director may permit other uses in a zone other than those which are listed, if the director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone.
C. The planning director may promulgate administrative rules in accordance with the State Administrative Procedures Act to clarify the application and interpretation of the code.
D. Administrative rules may be appealed to the board of adjustment as prescribed in chapters 17.68 and 17.78 BMC. (Ord. 1221 § 1, 1992).
17.03.050 Zoning for annexed land.
Prior to any parcel of land being annexed to the city, the property may be zoned consistent with the Burlington zoning districts and the comprehensive plan amended if necessary.
Application for the rezone and necessary amendment may be done simultaneously with the request for annexation.
For property that is not zoned prior to annexation the property shall assume the R-A designation upon annexation.
With respect to property not zoned prior to annexation, the planning director is empowered to initiate a rezone application from the R-A designation to a zone compatible with the comprehensive plan. This rezone process shall occur within six months of the date of annexation. This section shall expire on July 1, 1994. (Ord. 1230 § 1, 1993; Ord. 1221 § 1, 1992).
17.03.060 Relationship to other titles, chapters and codes.
The administrative provisions of this title including chapter 17.68 BMC, Land Use Permit Process and chapter 17.84 BMC, Enforcement of the Zoning Code, shall apply to BMC Title 16, Subdivisions, chapter 15.12 BMC, State Environmental Policy Act Guidelines, chapter 15.13 BMC, Methods to Mitigate Development Impacts, and chapter 15.15 BMC, Critical Areas. (Ord. 1221 § 1, 1992).
Chapter 17.06
DEFINITIONS2Sections:
17.06.010 Generally.
17.06.015 Accessory antenna device.
17.06.020 Accessory building.
17.06.030 Accessory use.
17.06.040 Alley.
17.06.050 Alterations.
17.06.055 Antenna.
17.06.060 Deleted.
17.06.070 Area, building.
17.06.080 Area, site.
17.06.081 Attached wireless communication facility.
17.06.085 Automotive retail sales and service.
17.06.090 Deleted.
17.06.100 Deleted.
17.06.110 Deleted.
17.06.120 Board.
17.06.130 Boarding house.
17.06.140 Building.
17.06.150 Building height.
17.06.160 Building line.
17.06.170 Building site.
17.06.175 Club, topless.
17.06.180 Deleted.
17.06.185 Co-location exists.
17.06.190 Commission.
17.06.200 Conditional use.
17.06.220 Deleted.
17.06.230 Council.
17.06.240 Court.
17.06.250 Coverage.
17.06.260 Density.
17.06.270 Detached building.
17.06.280 Developed land area.
17.06.285 Discontinue.
17.06.290 Dwelling, single-family.
17.06.300 Dwelling, two-family.
17.06.310 Dwelling, multifamily.
17.06.320 Dwelling unit.
17.06.325 Eating and drinking establishment.
17.06.330 Deleted.
17.06.340 Deleted.
17.06.350 Family.
17.06.360 Floor area.
17.06.370 Deleted.
17.06.380 Repealed.
17.06.390 Repealed.
17.06.410 Deleted.
13.06.415 Guyed tower.
17.06.420 Repealed.
17.06.430 Home occupation.
17.06.440 Hospital.
17.06.450 Hotel.
17.06.460 Inoperable vehicle.
17.06.470 Junk storage.
17.06.480 Junk yard.
17.06.490 Kennel.
17.06.500 Land use.
17.06.510 Land use permit.
17.06.515 Lattice tower.
17.06.520 Lot.
17.06.530 Lot, corner.
17.06.540 Lot depth.
17.06.550 Lot, interior.
17.06.560 Lot width.
17.06.565 Macro facility.
17.06.570 Mailed notice.
17.06.580 Repealed.
17.06.590 Manufactured home.
17.06.600 Mean depth.
17.06.605 Medical service.
17.06.606 Micro facility.
17.06.608 Mini facility.
17.06.610 Mobile home.
17.06.620 Mobile home park.
17.06.622 Monopole I.
17.06.624 Monopole II.
17.06.625 Motion picture theater, adult.
17.06.630 Nonconforming structure.
17.06.640 Nonconforming use.
17.06.645 Office.
17.06.650 Parking space.
17.06.660 Permitted use.
17.06.665 Personal and household retail sales and service.
17.06.670 Primary use (or principal use).
17.06.680 Deleted.
17.06.690 Public hearing.
17.06.692 Related equipment.
17.06.695 Retail sales and service.
17.06.700 Rezone.
17.06.710 Service or storage yard.
17.06.720 Deleted.
17.06.730 Setback.
17.06.740 Sign.
17.06.750 Sign area, or surface area.
17.06.760 Sign, electronic message center.
17.06.770 Sign, free-standing.
17.06.780 Sign, ground-mounted.
17.06.790 Sign, logo.
17.06.800 Sign, message.
17.06.810 Sign, off-premises.
17.06.820 Sign, public service information.
17.06.830 Sign, segmented message.
17.06.840 Solid planting.
17.06.845 Specified anatomical areas.
17.06.850 Specified sexual activities.
17.06.860 Story.
17.06.870 Street.
17.06.880 Structure.
17.06.890 Tract.
17.06.895 Trailer park.
17.06.897 Transmission tower.
17.06.900 Variance.
17.06.905 Wireless communication facility.
17.06.906 Wireless communication support structure.
17.06.910 Yard.
17.06.920 Yard, front.
17.06.930 Yard, rear.
17.06.940 Yard, side.
17.06.010 Generally.
Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision: the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied”. (Ord. 1206 § 2, 1992).
17.06.015 Accessory antenna device.
“Accessory antenna device” means an antenna including, but not limited to, test mobile antennas and global positioning (GPS) antennas which are less than 12 inches in height or width, excluding the support structure. (Ord. 1396 § 1, 1999).
17.06.020 Accessory building.
“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot. (Ord. 1206 § 2, 1992).
17.06.030 Accessory use.
“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. (Ord. 1206 § 2, 1992).
17.06.040 Alley.
“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation. (Ord. 1206 § 2, 1992).
17.06.050 Alterations.
“Alterations” means a change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, industrial or similar uses the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. (Ord. 1206 § 2, 1992).
17.06.055 Antenna.
“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
A. “Omnidirectional antenna” (also known as a “whip antenna”) transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this title, an omnidirectional antenna is up to 15 feet in height and up to four inches in diameter.
B. “Directional antenna” (also known as a “panel antenna”) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
C. “Parabolic antenna” (also known as a “dish antenna”) is a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern. (Ord. 1396 § 2, 1999).
17.06.060 Apartment house.
Deleted by Ord. 1206.
17.06.070 Area, building.
“Building area” means the total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. (Ord. 1206 § 2, 1992).
17.06.080 Area, site.
“Site area” means the total horizontal area within the property lines excluding external streets. (Ord. 1206 § 2, 1992).
17.06.081 Attached wireless communication facility.
“Attached wireless communication facility” means a wireless communication facility that is affixed to an existing structure and is not considered a component of the attached wireless communication facility. (Ord. 1396 § 3, 1999).
17.06.085 Automotive retail sales and service.
“Automotive retail sales and service” means a retail sales and service use which includes one or more of the following uses:
A. “Automotive parts and accessories sales” means an automotive retail sales and service use in which goods are rented or sold primarily for use in motorized vehicles, but excluding gas stations.
B. “Car wash” means an automotive retail sales and service use in which goods are rented or sold primarily for use in motorized vehicles, but excluding gas stations.
C. “Gas station” means an automotive retail sales and service use in which fuel for motorized vehicles is sold, and in which accessory uses including, but not limited to, towing by no more than two tow trucks, minor automobile repair, or rental of vehicles under 10,000 pound gross vehicle weight may also be provided. Facilities for washing no more than one car at a time or for the collection of used motor oil shall also be considered accessory to a gas station.
D. “Sales and rental of motorized vehicles” means an automotive retail sales and service use in which motorized vehicles, such as cars, trucks, buses, recreational vehicles or motorcycles, or related nonmotorized vehicles, such as trailers, are rented or sold.
E. “Towing service” means an automotive retail sales and service use in which more than two tow trucks are employed in the hauling of motorized vehicles, and where vehicles may be impounded, stored or sold, but not disassembled or junked.
F. “Vehicle repair, major” means an automotive retail sales and service use in which one or more of the following activities are carried out:
1. Reconditioning of any type of motorized vehicle including any repairs made to vehicles over 10,000 pounds gross vehicle weight;
2. Collision services, including body, frame, or fender straightening or repair;
3. Overall painting of vehicles in a paint shop;
4. Dismantling of motorized vehicles in an enclosed structure.
G. “Vehicle repair, minor” means an automotive retail sales and service use in which general motor repair work is done as well as the replacement of new or reconditioned parts in motorized vehicles of 10,000 pounds or less gross vehicle weight, but not including any operation included in the definition of “major vehicle repair.”
H. “Automobile wrecking yard” means a salvage and recycling business establishment in which vehicles are dismantled or junked, or where one or more vehicles not in operable condition or used parts of motor vehicles are stored in an area outside an enclosed structure. (Ord. 1396 § 4, 1999).
17.06.090 Auto court.
Deleted by Ord. 1206.
17.06.100 Basement.
Deleted by Ord. 1206.
17.06.110 Billboard.
Deleted by Ord. 1206.
17.06.120 Board.
The term “board” shall mean the board of adjustment of the city. (Ord. 1206 § 2, 1992).
17.06.130 Boarding house.
“Boarding house” means a dwelling in which not more than four roomers and/or boarders are housed or fed. (Ord. 1206 § 2, 1992).
17.06.140 Building.
A “building” is a structure as defined in this chapter. When separated by division walls without openings each portion so separated shall be considered a separate building. (Ord. 1206 § 2, 1992).
17.06.150 Building height.
“Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. (Ord. 1221 § 2, 1992).
17.06.160 Building line.
“Building line” means a corner of part of a building nearest the property line. (Ord. 1206 § 2, 1992).
17.06.170 Building site.
See Area, Site, BMC 17.06.080. (Ord. 1206 § 2, 1992).
17.06.175 Club, topless.
“Topless club” means a public or private club employing persons exposing “specified anatomical areas” as defined in BMC 17.06.845. (Ord. 1206 § 2, 1992).
17.06.180 Cellar.
Deleted by Ord. 1206.
17.06.185 Co-location exists.
“Co-location exists” means that more than one wireless communications provider mounts equipment on a single support structure (i.e., building, monopole, lattice tower). (Ord. 1396 § 5, 1999).
17.06.190 Commission.
The term “commission” shall mean the planning commission of the city. (Ord. 1206 § 2, 1992).
17.06.200 Conditional use.
“Conditional use” means uses which may be permitted as principal or accessory uses when authorized by the council pursuant to specified standards. (Ord. 1206 § 2, 1992).
17.06.220 Cooperative or group house.
Deleted by Ord. 1206.
17.06.230 Council.
The term “council” or “city council” shall mean the city council of the city of Burlington. (Ord. 1206 § 2, 1992).
17.06.240 Court.
“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted. (Ord. 1206 § 2, 1992).
17.06.250 Coverage.
“Coverage” means the area of a lot which is covered by a roofed structure. (Ord. 1206 § 2, 1992).
17.06.260 Density.
“Density” means the permitted ratio of residential units to land area and/or the permitted ratio of building size to land area. (Ord. 1206 § 2, 1992).
17.06.270 Detached building.
“Detached building” means a building surrounded on all sides by open space. (Ord. 1206 § 2, 1992).
17.06.280 Developed land area.
“Developed land area” means those parts of a land parcel that have been extensively improved for an existing land use including building coverage, parking and loading areas, service yards and landscaped areas. (Ord. 1206 § 2, 1992).
17.06.285 Discontinue.
“Discontinue” means to cease to operate, use, or take; to end. (Ord. 1206 § 2, 1992).
17.06.290 Dwelling, single-family.
“Single-family dwelling” means a detached building containing but one kitchen, designed for and occupied exclusively by one family and the household employees of that family. (Ord. 1206 § 2, 1992).
17.06.300 Dwelling, two-family.
“Two-family dwelling” means a building containing two kitchens and designed to be occupied by two families living independently of each other. (Ord. 1206 § 2, 1992).
17.06.310 Dwelling, multifamily.
“Multifamily dwelling” means a building designed to house three or more families living independently of each other. (Ord. 1206 § 2, 1992).
17.06.320 Dwelling unit.
“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. (Ord. 1206 § 2, 1992).
17.06.325 Eating and drinking establishment.
“Eating and drinking establishment” means a retail sales and service use in which food and/or beverages are prepared and sold at retail for immediate consumption.
A. “Brewpub” means an eating and drinking establishment which produces on the premises a maximum of 2,000 barrels per year of beer, ale or other malt beverage, as determined by the brewpub’s filings of barrelage tax reports to the Washington State Liquor Control Board, for sale only on the premises.
B. “Fast-food restaurant” means an eating and drinking establishment in which the manner or preparation, packaging, and service of the product enables and/or encourages its consumption outside the restaurant, and which has most of the following characteristics: quick food service is offered and sales transactions are completed within a very short time period; food is already prepared and held for service, or able to be prepared quickly; the menu is limited, but usually includes a main course and beverages; food is generally service in disposable wrappings or containers, with disposable utensils and/or orders are not generally taken at a customer’s table.
C. “Restaurant” mans an eating and drinking establishment which has most of the following characteristics: products sold are generally consumed within an enclosed structure at tables and/or at a counter; taking food and drink from the restaurant is purely incidental, except for limited take-out service which uses the same kitchen as the main restaurant and has a similar menu; food is served using nondisposable containers and utensils; and consumption of food in vehicles on the premises is discouraged by the nature of the service. A restaurant may or may not have a separate area, or cocktail lounge, where alcoholic beverages are served without full food service.
D. “Tavern” means an eating and drinking establishment in which the serving of food is incidental to the serving of beer and/or wine. (Ord. 1396 § 6, 1999).
17.06.330 Electrical distribution substation.
Deleted by Ord. 1206.
17.06.340 Essential use.
Deleted by Ord. 1206.
17.06.350 Family.
“Family” means one person or two or more related persons living together. Not more than four unrelated persons living together as a single, nonprofit housekeeping unit. (Ord. 1206 § 2, 1992).
17.06.360 Floor area.
“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the center line of division walls. Floor area shall include: Basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet, six inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include: Accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet, six inches, exterior steps or stairs, terraces, breezeways and open spaces. See also BMC 17.54.010(F). (Ord. 1206 § 2, 1992).
17.06.370 Fraternity, sorority, or student cooperative.
Deleted by Ord. 1206.
17.06.380 Garage, private.
Repealed by Ord. 1396. (Ord. 1206 § 2, 1992).
17.06.390 Garage, public.
Repealed by Ord. 1396. (Ord. 1206 § 2, 1992).
17.06.410 Hazardous waste.
Deleted by Ord. 1206.
17.06.415 Guyed tower.
“Guyed tower” means a wireless communication support structure which is usually over 100 feet tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are often constructed in rural areas and are used to support antennas and related equipment. (Ord. 1396 § 10, 1999).
17.06.420 Gas station.
Repealed by Ord. 1396. (Ord. 1206 § 2, 1992).
17.06.430 Home occupation.
“Home occupation” means an occupation or profession which is customarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place. (Ord. 1206 § 2, 1992).
17.06.440 Hospital.
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 1206 § 2, 1992).
17.06.450 Hotel.
“Hotel” means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 1206 § 2, 1992).
17.06.460 Inoperable vehicle.
“Inoperable vehicle” means a car, truck or van that cannot be started and moved under its own power. A vehicle that is not currently licensed, including a recreational vehicle or trailer, that is designed for travel on the public roads, is also considered an inoperable vehicle. (Ord. 1206 § 2, 1992).
17.06.470 Junk storage.
“Junk storage” means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include, but not be limited to, the storage of used lumber, scrap, metal, tires, household garbage, furniture, and inoperable machinery, and as further defined in the current edition of the Uniform Fire Code. See also chapter 8.12 BMC, Nuisance. (Ord. 1396 § 11, 1999; Ord. 1206 § 2, 1992).
17.06.480 Junk yard.
“Junk yard” means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 1206 § 2, 1992).
17.06.490 Kennel.
More than three dogs and/or one litter of unweaned pups constitutes a kennel. (Ord. 1206 § 2, 1992).
17.06.500 Land use.
“Land use” means the type of use activity occurring on a land parcel or within a building situated upon a land parcel. (Ord. 1206 § 2, 1992).
17.06.510 Land use permit.
“Land use permit” means the document issued to an applicant which records all land use decisions which are made by the city on a land use application. Construction permits are excluded. (Ord. 1206 § 2, 1992).
17.06.515 Lattice tower.
“Lattice tower” means a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment. (Ord. 1396 § 12, 1999).
17.06.520 Lot.
A “lot” in the meaning of this title is a single tract of land, no matter how legally described, whether by metes and bounds and/or by lot or lots and block designation as in a recorded plat, that at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured. (Ord. 1206 § 2, 1992).
17.06.530 Lot, corner.
“Corner lot” means a lot at the junction of and fronting on two or more intersecting streets. A corner lot has two front and two side yards. (Ord. 1206 § 2, 1992).
17.06.540 Lot depth.
“Lot depth” means the mean dimension of the lot from the front street line to the rear line. (Ord. 1206 § 2, 1992).
17.06.550 Lot, interior.
“Interior lot” means a lot fronting on one street. (Ord. 1206 § 2, 1992).
17.06.560 Lot width.
“Lot width” means the dimension of the lot line at the street, or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. (Ord. 1206 § 2, 1992).
17.06.565 Macro facility.
“Macro facility” is an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet n the aggregate as viewed from any one point. (Ord. 1396 § 13, 1999).
17.06.570 Mailed notice.
“Mailed notice” means notice mailed to all property owners, commercial lessees and all residents of the area within a specified distance of the boundaries of the site of a proposed action. (Ord. 1206 § 2, 1992).
17.06.580 Major auto repair.
Repealed by Ord. 1396. (Ord. 1206 § 2, 1992).
17.06.590 Manufactured home.
“Manufactured home” means a structure, transportable in one or more sections from its manufacturer, retailer or wholesaler to its destination. A manufactured home is designated primarily for residential occupancy by human beings and the term includes mobile home or modular home. (Ord. 1206 § 2, 1992).
17.06.600 Mean depth.
The “mean depth” of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot. (Ord. 1206 § 2, 1992).
17.06.605 Medical service.
“Medical service” means a retail sales and service use in which health care for humans if provided on an outpatient basis including, but not limited to, offices for doctors, dentists, chiropractors, and other health care practitioners. (Ord. 1396 § 15, 1999).
17.06.606 Micro facility.
“Micro facility” means an attached wireless communication facility which consists of antennas equal to or less than four feet in height (except omnidirectional antennas which may be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one-foot diameter parabola or two-foot by one-and-one-half-foot panel) as viewed from any one point. The permitted antenna height include the wireless communication facility support structure. (Ord. 1396 § 16, 1999).
17.06.608 Mini facility.
“Mini facility” means an attached wireless communication facility which consists of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area of not more than 50 square feet in the aggregate as viewed form any one point. (Ord. 1396 § 17, 1999).
17.06.610 Mobile home.
“Mobile home” means a factory constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure over the public highway under license or by special permit. (Ord. 1206 § 2, 1992).
17.06.620 Mobile home park.
“Mobile home park” means an area of land occupied or designed for the occupancy of two or more mobile homes. (Ord. 1206 § 2, 1992).
17.06.622 Monopole I.
“Monopole I” is a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet. (Ord. 1396 § 18, 1999).
17.06.624 Monopole II.
“Monopole II” is a wireless communication facility which consists of a wireless communications support structure, greater than 60 feet in height erected to support wireless communication antennas and connecting appurtenances. (Ord. 1396 § 19, 1999).
17.06.625 Motion picture theater, adult.
“Adult motion picture theater” means a place of public assembly in which, in an enclosed building, motion picture films, video cassettes, cable television, or any other such visual media, are presented which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities”, as defined in BMC 17.06.845 and 17.06.850. (Ord. 1206 § 2, 1992).
17.06.630 Nonconforming structure.
“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located. A structure shall be considered established if it conformed to applicable zoning regulations at any time, or when it is built under permit, a permit for the structure has been granted and has not expired, or the structure is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. (Ord. 1206 § 2, 1992).
17.06.640 Nonconforming use.
“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. (Ord. 1206 § 2, 1992).
17.06.645 Office.
“Office” means a commercial use which provides administrative, contractors, professional or customer services to individuals, businesses, institutions and/or government agencies in an office setting.
A. “Administrative office” means an office use in which services are provided to customers primarily by phone or mail, by going to the customer’s home or place of business, or on the premises by appointment; or in which customers are limited to holders of business licenses. Examples of services provided include, but are not limited to, general contracting, janitorial and housecleaning, legal, architectural, data processing, broadcasting companies, administrative office or businesses, unions or charitable organization, and wholesalers and manufacturer’s representatives’ office. Administrative offices may include accessory storage, but not the storage of building materials, contractor’s equipment or items, other than samples, for wholesale sale.
B. “Customer service office” means an office use in which on-site customer services are provided in a manner which encourages walk-in clientele and in which generally an appointment is not needed to conduct business. Examples include branch banks, travel agencies, airline ticket offices, brokerage firms, real estate offices, and government agencies which provide direct services to clients. (Ord. 1396 § 20, 1999).
17.06.650 Parking space.
“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 1206 § 2, 1992).
17.06.660 Permitted use.
“Permitted use” means any use authorized or permitted alone or in conjunction with another use in specific district and subject to the limitations of the regulations of such use district. (Ord. 1206 § 2, 1992).
17.06.665 Personal and household retail sales and service.
“Personal and household retail sales and service” means a retail sales and service use in which goods are rented or sold or services are provided primarily for household and personal use, rather than for business establishments, institutions, or government agencies, but excluding uses in which primarily building materials and/or heating fuel are sold. Examples of personal and household retail sales are bookstores, furniture stores, and grocery stores. Examples of personal and household services are shoe repair, hair-cutting salons, and dry cleaning.
A. “General personal and household retail sales and service” means a personal and household retail sales and service use which is not a multipurpose convenience store, major durables sales and service or a specialty food store.
B. “Major durables sales, service and rental” means a personal and household retail sales and service use in which large household items such as, but not limited to, furniture or appliances, are rented or sold.
C. “Multipurpose convenience store” means a personal and household retail sales and service use in which a wide range of items frequently purchased for household use are rented or sold. Examples of multipurpose convenience stores include, but are not limited to, grocery, hardware, drug, and variety stores.
D. “Specialty food store” means a personal and household retail sales and service use in which food such as salads, deli meats, desserts, baked goods, whole pizzas, and other ready-to-eat foods are prepared and sold, generally for consumption on other premises. Specialty packaged foods, and/or bulk items such as cheese, aged foods, and/or bulk items such as cheese may also be sold, and the square footage of any area used for seating for the immediate consumption of food shall be no more than 300 square feet. If more than 300 square feet are devoted to seating space, the entire use shall be considered an eating and drinking establishment rather than a specialty food store. (Ord. 1396 § 21, 1999).
17.06.670 Primary use (or principal use).
“Primary use (or principal use)” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. (Ord. 1206 § 2, 1992).
17.06.680 Protrusions.
Deleted by Ord. 1206.
17.06.690 Public hearing.
“Public hearing” means a duly advertised public meeting called by the council, board or commission of the city for the purpose of taking formal public comment, both in favor and opposition to a proposed action. (Ord. 1206 § 2, 1992).
17.06.692 Related equipment.
“Related equipment” is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. (Ord. 1396 § 22, 1999).
17.06.695 Retail sales and service.
“Retail sales and service” means a commercial use in which goods are rented or sold at retail to the general public for direct consumption and not for resale, or in which services are provided to individuals and/or households. Merchandise may be bought as well as sold and may be processed as long as the items processed are sold only on the premises, and production is incidental or subordinate to the selling, rental or repair of goods. See the following definitions: personal and household retail sales and service; medical services; automotive retail sales and service; eating and drinking establishments. (Ord. 1396 § 23, 1999).
17.06.700 Rezone.
“Rezone” means an amendment to the official land use map to change the zone classification of an area. (Ord. 1206 § 2, 1992).
17.06.710 Service or storage yard.
“Service or storage yard” means an accessory yard used for the storage of equipment, vehicles or materials and/or outdoor fabrication or processing of materials or devices. (Ord. 1206 § 2, 1992).
17.06.720 Semi-private facility.
Deleted by Ord. 1206.
17.06.730 Setback.
“Setback” means yard requirements. The distances that buildings or uses must be removed from their lot lines. (Ord. 1206 § 2, 1992).
17.06.740 Sign.
“Sign” means any visual presentation or representation whatsoever which is displayed outside in view of the general public so as to bring attention to the subject thereof. This definition specifically includes billboards, ground-mounted signs, free-standing signs, wall signs, roof signs, logo signs, and signs on marquees, awnings, canopies and furniture. Specifically excluded are house numbers; the flag, badge or insignia of any government or government agency and any authorized traffic control sign. Each display surface of the sign shall be considered to be a sign. (Ord. 1206 § 2, 1992).
17.06.750 Sign area, or surface area.
“Sign area, or surface area” means the area, on the largest single face of a sign, within a perimeter which forms the outside shape of a sign. If the sign consists of more than one module, the total area of all modules will constitute the sign area. The area of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in flat projection for the purpose of computing sign area. (Ord. 1206 § 2, 1992).
17.06.760 Sign, electronic message center.
“Electronic message center sign” means a sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control and includes electronic time and temperature displays and the device known in the advertising industry as a commercial electronic variable message sign. (Ord. 1206 § 2, 1992).
17.06.770 Sign, free-standing.
“Free-standing sign” means a sign erected and maintained on a free-standing frame, mast or pole and not attached to any building but does not include ground-mounted signs. (Ord. 1206 § 2, 1992).
17.06.780 Sign, ground-mounted.
“Ground-mounted sign” means a sign which extends from the ground or which has a support which places the bottom thereof less than three feet from the ground and which does not exceed an overall height of six feet. (Ord. 1206 § 2, 1992).
17.06.790 Sign, logo.
“Logo sign” means a sign consisting of a trademark or symbol. (Ord. 1206 § 2, 1992).
17.06.800 Sign, message.
“Message sign” means anything displayed on an electronic message center sign, including copy and graphics. A “traveling message” is any message which appears to move across an electronic message center sign. (Ord. 1206 § 2, 1992).
17.06.810 Sign, off-premises.
“Off-premises sign” means a sign which advertises goods, products or services which are not sold, manufactured, or distributed on or from the premises or facilities on which the sign is located. (Ord. 1206 § 2, 1992).
17.06.820 Sign, public service information.
“Public service information sign” means any sign or message on an electronic message center sign which provides the time, date, temperature, weather or information concerning civic, charitable or other noncommercial activities. (Ord. 1206 § 2, 1992).
17.06.830 Sign, segmented message.
“Segmented message sign” means any message or distinct subunit of a message presented by means of at least one display change on an electronic message center sign. (Ord. 1206 § 2, 1992).
17.06.840 Solid planting.
“Solid planting” means a planting of evergreen trees and shrubs which will prevent a through and unobscured penetration of sight or light. (Ord. 1206 § 2, 1992).
17.06.845 Specified anatomical areas.
“Specified anatomical areas” means:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. (Ord. 1206 § 2, 1992).
17.06.850 Specified sexual activities.
“Specified sexual activities” means:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 1206 § 2, 1992).
17.06.860 Story.
“Story” means the part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. (Ord. 1206 § 2, 1992).
17.06.870 Street.
“Street” means a public thoroughfare which affords the principal means of access to abutting properties. (Ord. 1206 § 2, 1992).
17.06.880 Structure.
“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences, retaining walls less than three feet in height, rockeries and similar improvements of a minor character. (Ord. 1206 § 2, 1992).
17.06.890 Tract.
“Tract” means a lot, usually several acres in area. (Ord. 1206 § 2, 1992).
17.06.895 Trailer park.
“Trailer park” means a facility designed to accommodate recreational vehicles or trailers no longer than 40 feet and capable of being pulled with a one ton truck, designed to provide the amenities necessary for permanent residents and accommodating the overnight guest. Units shall at all times be prepared for evacuation in event of a flood warning. (Ord. 1227 § 1, 1993).
17.06.897 Transmission tower.
“Transmission tower” is a freestanding structure, other than a building, on which communication devices are mounted. Transmission towers may serve either as a major or minor communication facility. Examples include, but are not limited to:
A. Monopoles;
B. Lattice towers;
C. Guyed towers. (Ord. 1396 § 24, 1999).
17.06.900 Variance.
“Variance” means relief from certain provisions of this title as authorized by the board of adjustment after determining that the criteria established for the granting of variances have been satisfied. (Ord. 1206 § 2, 1992).
17.06.905 Wireless communication facility.
“Wireless communication facility” is an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omnidirectional, panel/directional or parabolic) and related equipment. (Ord. 1396 § 25, 1999).
17.06.906 Wireless communication support structure.
“Wireless communication support structure” is the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers. (Ord. 1396 § 26, 1999).
17.06.910 Yard.
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. Eaves and masonry chimneys may protrude a maximum of 30 inches into a required yard. (Ord. 1206 § 2, 1992).
17.06.920 Yard, front.
“Front yard” means an open unoccupied space extending from the principal street line to the nearest wall of a building on the lot and including the full width of the lot to its side lot lines. See Yard, BMC 17.06.910. (Ord. 1206 § 2, 1992).
17.06.930 Yard, rear.
“Rear yard” means an open unoccupied space extending from the rear lot line to the nearest wall of the main building on the lot and including the full width of the lot to its side lines. See Yard, BMC 17.06.910. (Ord. 1206 § 2, 1992).
17.06.940 Yard, side.
“Side yard” means an open unoccupied space extending from the front yard to the rear yard and from the nearest wall of the main building to the side lot line. See Yard, BMC 17.06.910. (Ord. 1206 § 2, 1992).
Chapter 17.09
DISTRICT ESTABLISHMENT, MAPS AND BOUNDARIESSections:
17.09.010 Districts established.
17.09.020 Unclassified areas.
17.09.030 District boundaries – Established.
17.09.040 District boundaries – Shown on zoning map.
17.09.050 District boundaries – Rules for interpretation.
17.09.060 Conformity with district regulations required.
17.09.070 Adoption of special planning areas map.
17.09.010 Districts established.
In order to classify, segregate, and regulate the uses of land, buildings, and structures, the city is divided into the following use districts:
R-1-6.0 Single-family residence district (6,000 square foot minimum lot),
R-1-7.6 Single-family residence district (7,600 square foot minimum lot),
R-1-9.6 Single-family residence district (9,600 square foot minimum lot),
R-A Residence and agriculture district,
R-2 Two-family residence district,
R-3 Multifamily residence district,
R-S Semipublic district,
T-1 Tourist district,
B-1 Business district,
C-1 General commercial district,
C-2 Heavy commercial district,
M-1 Industrial district.
(Ord. 1221 § 3, 1992; Ord. 979 § 3, 1981; Ord. 890 § 2.1, 1977).
17.09.020 Unclassified areas.
All lands not classified according to the aforementioned classifications on the official zoning maps, and all lands, if any, of the city not shown on officially adopted zoning maps, shall be considered unclassified and, pending future classification, shall be subject to other restrictions and regulations of the R-A district. (Ord. 890 § 2.2, 1977).
17.09.030 District boundaries – Established.
The boundaries of such use districts as are shown upon any zoning map adopted by this title, or amendments thereto, are adopted and approved and the regulations of this title governing the uses of land, buildings and structures, the height of buildings and structures, the sizes of yards about buildings and structures, and other matters as set forth in this title are hereby established and declared to be in effect upon all land included within the boundaries of each and every use district shown upon each zoning map. (Ord. 890 § 2.5, 1977).
17.09.040 District boundaries – Shown on zoning map.
The boundaries of use districts shall be determined and defined or redefined from time to time, by the adoption of zoning maps covering the city and showing the geographical area and location of said use districts. Each zoning map shall be, upon its final adoption, a part of the zoning ordinance codified in this title, and said map, and all notations, references and other information shown thereon, thereafter shall be as much a part of this title as though all matters and information set forth on said map were fully described in this title. (Ord. 890 § 2.3, 1977).
17.09.050 District boundaries – Rules for interpretation.
When uncertainty exists as to the boundaries of any use district shown on zoning maps, the following rules of construction shall apply:
A. Where district boundaries are indicated as approximately following the centerline of streets, alleys or highways, the actual centerline shall be construed to be the boundary.
B. Where district boundaries are indicated as running approximately parallel to the centerline of a street, the boundary line shall be construed to be parallel to the centerline of the street.
C. Where district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district.
D. Where a district boundary on such zoning map divides a tract in unsubdivided property, the location of such use district boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on such zoning map.
E. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion shall revert shall apply to such vacated or abandoned street or alley.
F. In case uncertainty exists which cannot be determined by application of the foregoing rules, the planning commission shall recommend, and the city council shall determine, the location of such use district boundaries. (Ord. 890 § 2.4, 1977).
17.09.060 Conformity with district regulations required.
Except as otherwise provided in this title:
A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title or amendments thereto or permitted in the use district in which such land, building, structure or premises is located.
B. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area, yard and height regulations established by this title or amendments thereto for the use district in which such building or structure is located.
C. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure. (Ord. 890 § 2.6, 1977).
17.09.070 Adoption of special planning areas map.
The special planning areas map, adopted as part of the Burlington comprehensive plan, is hereby adopted as part of the zoning code for the purpose of identifying the location of areas where there may be specific additional regulations under the applicable chapter of this code. See Exhibit A, attached to the ordinance codified in this section. The following descriptions apply to the special planning areas:
A. Downtown. This area encompasses the original downtown of Burlington and adjacent areas that are directly linked to the main street, Fairhaven Avenue. The intent is to implement the downtown plan, encourage new activity, and gradually retrofit the area to enhance the focus on customer service retail, office and restaurant, keeping medical uses east of Anacortes Street and north of Fairhaven Avenue.
B. North and South Entrance Areas. These areas are uniquely constrained by freeway interchanges and major interchanges including the Skagit River Bridge and, as a result, have traffic problems that may require study and mitigation. High traffic generating uses are discouraged.
C. Retail Core. This area is the shopping and entertainment district that attracts regional traffic. Drive-ins are limited to tenant pads and signalized intersection, banks are limited to multiple-tenant buildings, gas stations, car washes and automobile sales are prohibited and vehicle repair is limited to side streets.
D. West Side Commercial Area. This area provides a wide array of uses, but the emphasis in terms of overall land use is on vehicle sales and related activities. (Ord. 1396 § 27, 1999).
Chapter 17.12
LAND USESSections:
17.12.010 Repealed.
17.12.010 Designated.
Repealed by Ord. 1206. (Ord. 1200 § 2, 1992; Ord. 1103 § 2, 1987; Ord. 890 Table 1, 1977).
Chapter 17.15
R-1 LAND USE DISTRICT3Sections:
17.15.010 Intent.
17.15.020 District subdivisions designated.
17.15.030 Permitted primary uses.
17.15.035 Permitted accessory uses.
17.15.040 Uses requiring permit.
17.15.050 Additional regulations.
17.15.055 Residential small lot.
17.15.060 Area and dimensional regulations.
17.15.010 Intent.
The R-1 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density. This district will provide for the development of single-family detached dwellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environment. (Ord. 1206 § 3, 1992).
17.15.020 District subdivisions designated.
District R-1 is further subdivided into districts differing only in the requirements of lot width and of lot area per family as follows:
Subdistrict
Minimum Lot Width at the Building Line
Minimum Lot Area Per Dwelling Unit
R-1- 6.0
60 feet
6,000 sq. ft.
R-1- 7.6
60 feet
7,600 sq. ft.
R-1- 8.4
60 feet
8,400 sq. ft.
R-1- 9.6
60 feet
9,600 sq. ft.
(Ord. 1502 § 1, 2002; Ord. 1260 § 1, 1994; Ord. 1221 § 4, 1992; Ord. 1206 § 3, 1992).
17.15.030 Permitted primary uses.
Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title:
A. One detached single-family dwelling, not to exceed one dwelling on any lot;
B. Keeping of not more than four household pets, which can be kept in the home. This limit shall not include birds, fish or suckling young of pets;
C. Municipal parks, playgrounds;
D. Family day care home, as defined by the State Department of Social and Health Services (DSHS);
E. Schools;
F. Congregate residences each accommodating 10 persons or less;
G. Foster family care homes licensed by the Washington State Department of Social and Health Services, as an accessory use to a dwelling unit, for six or fewer children including those of the resident family. (Ord. 1431 § 1, 2000; Ord. 1396 § 28, 1999; Ord. 1237 § 1, 1993; Ord. 1206 § 3, 1992).
17.15.035 Permitted accessory uses.
A. Accessory uses to include residential garage, guest cottage, recreation room, tool shed, noncommercial greenhouse, and swimming pool.
B. Telecommunication micro facility, subject to the following requirements:
1. Micro facility shall be located on existing buildings, poles or other existing support structures. A micro facility may locate on buildings and structures provided that the interior wall or ceiling immediately adjacent to the facility is not designated residential space.
2. Antennas equal to or less than four feet in height (except omnidirectional antennas which can be up to six feet in height) and with an area of nor more than 580 square inches in the aggregate (e.g., one-foot diameter parabola or two-foot by one-and-one-half-foot panel as viewed from any one point) are exempt from the height limitation of the zone in which they are located. Structures which are nonconforming with respect to height may be used for the placement of omnidirectional antennas providing they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
3. The micro facility shall be exempt from review by the design review board if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
4. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
5. Micro facilities for a specific wireless provided shall be separated by a distance equal to or greater than 1,320 linear feet from other micro facilities of the same wireless provider. (Ord. 1396 § 29, 1999).
17.15.040 Uses requiring permit.
The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of this code:
A. Day care limited to a mini day care center. Day care center, preschool or nursery schools may also be permitted but must be located on an arterial;
B. Duplex on a corner lot in any residential zone, provided that a duplex shall be located no closer than 300 feet from another duplex, measured along the right-of-way; except that when the blocks are more than 300 feet long, duplexes shall not be limited to the corner as long as they are located no closer than 300 feet to another duplex;
C. Government facilities;
D. Kennels;
E. Mobilehome park;
F. Neighborhood recreational buildings and facilities;
G. Private country clubs and golf courses, excluding driving ranges;
H. Religious institutions;
I. Utility substations;
J. The use of the R-1-9.6 zoning district areas as shown on the official zoning map of the city of Burlington as a receiving zone for transfer or purchase of development rights from land zoned agriculture in the Skagit County zoning ordinance and designated open space parks and agriculture on the official city of Burlington comprehensive plan map of the urban growth area, the use shall be permitted at the rate of one additional residential dwelling unit per acre. (Ord. 1396 § 30, 1999; Ord. 1333 § 1, 1997; Ord. 1284 § 1, 1995; Ord. 1260 § 2, 1994; Ord. 1237 § 2, 1993; Ord. 1221 § 5, 1992; Ord. 1206 § 3, 1992).
17.15.050 Additional regulations.
A. A manufactured home may be allowed to be placed within any residential zone that allows single-family homes, provided the following conditions are met:
1. The home is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
2. The home must be placed on a permanent foundation similar to that required of other residential construction;
3. The home was originally constructed with and now has a pitched roof with a slope no less than three-inch rise to 12-inch run, and the roof must be an integral part of the home and shall be made of either composition, shakes or shingles (wood or metal);
4. The home has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences;
5. All requirements of this title and other applicable regulations must be met. These requirements do not apply to mobile homes located within a mobile home park.
B. Rooms may be rented to no more than two persons, other than the family occupying a single-family dwelling, provided there is compliance with health and building code requirements.
C. Accessory buildings and structures which are connected to the primary building and defined in chapter 17.06 BMC are permitted provided that they comply with the setbacks required of the main building.
D. Accessory buildings and structures which are detached as defined in chapter 17.06 BMC and are a minimum of 10 feet from the primary structure may be located in the rear yard a minimum of five feet from the rear and side property lines, except where on an alley in which case they may be on the rear property line, and provided it is not a corner lot.
E. Horses, beef cattle or other domestic farm animals are permitted on the condition that the number of animals not exceed a ratio of one per one-half acre of fenced pasture area. The keeping of mink, goats, foxes or hogs is prohibited.
F. No trailer, recreational vehicle, camping trailer, fifth wheeler, camper, van or other similar type of mobile unit that is not a permanent structure attached to the ground, shall be used as a place of habitation.
G. See chapter 17.54 BMC for parking requirements.
H. Junk storage and inoperable vehicles are prohibited outdoors unless in a solid fenced yard and not visible from the street, except as follows:
1. Litter, trash, used appliances, used interior furnishings and discarded exterior furnishings and similar items are prohibited outdoors regardless of location.
2. Junk storage is further limited to piled used lumber, yard cleanup equipment and similar types of items; it is not intended to include the storage of any items that would be classified as a nuisance under chapter 8.12 BMC. Whenever it is stated in writing by two or more persons having separate residences in a neighborhood that any person is violating the provisions of this subsection, the Burlington police chief or designee shall investigate, and, if appropriate, advise the person of the complaint and that such violations must cease. Failure to comply shall constitute a violation of this code.
I. Where alley access is available, parking shall be located off the alley and no curb cuts shall be permitted. This requirement shall apply to new construction of homes and accessory buildings.
J. Accessory dwelling units shall be permitted as an additional means of providing opportunities for affordable housing in an existing owner occupied residence. The following criteria for approval shall be met in order to establish an accessory dwelling unit:
1. Maintain single-family appearance and character.
2. New entrances only on side or rear.
3. Provide three off-street parking spaces. Parking shall not be located in front of the structure.
4. Location shall be within or attached to the residence; not in detached accessory structures such as guest house or garage unless the lot is in excess of 12,000 square feet in area.
5. The primary dwelling or the accessory dwelling shall be occupied by the owner. The residence must have been owner occupied for at least three years since the construction date. Covenants regarding ownership requirements shall be filed with the county.
6. The immediate neighbors shall be notified and a public hearing shall be held before the board of adjustment.
7. The board shall have the final authority to grant, grant with conditions, or deny the request.
K. Home occupations are allowed subject to compliance with BMC 17.45.080.
L. Heat pumps or other noise-producing mechanical equipment shall not be located within 10 feet of a property line abutting another lot and all equipment shall be equipped with a noise-baffling screen so that there shall be no audible sound at the property line. (Ord. 1396 § 31, 1999; Ord. 1260 § 3, 1994; Ord. 1237 § 3, 1993; Ord. 1221 § 5, 1992; Ord. 1206 § 3, 1992).
17.15.055 Residential small lot.
A. Lot Area. Minimum lot area for one detached dwelling unit shall be 3,000 square feet.
B. Height Limit and Roof Pitch. The basic height limit shall be 20 feet with a maximum of a story and one-half. A pitched roof is required, with a minimum 4:12 for a one story building and 12:12 for a story and one-half building. See BMC 17.06.150 for definition of building height.
C. Structure Depth. The depth of any structure shall not exceed 60 feet, except garages. Decks, balconies, and bay windows shall be excluded from measurement for the purposes of this provision.
D. Yards and Setbacks.
1. Front yard setback shall be twenty feet unless the adjoining lot has a smaller setback, in which case it shall be no less than 10 feet.
2. Rear yard setback shall be no less than 10 feet and the sum of the front yard plus the rear yard shall be a minimum of 30 feet.
3. Side setback shall be a minimum of five feet.
E. Lot Coverage. Lot coverage shall be limited to 45 percent.
F. Manufactured homes are prohibited. (Ord. 1502 § 2, 2002).
17.15.060 Area and dimensional regulations.
A. Minimum Lot Requirements.
1. Minimum lot area per dwelling unit and minimum lot width at the building line as specified at the beginning of BMC 17.15.020; except that residential small lots may be developed as provided in BMC 17.15.055.
2. Minimum lot width at street line: 30 feet.
3. Minimum mean depth of lot: 80 feet.
4. Access to lots shall be from a dedicated street, unless the director determines that the following conditions exist, and permits access by a permanent private easement:
a. Access by easement would not compromise the goals of the zoning code to provide for adequate light, air and usable open space between structures; and
b. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and
c. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and
d. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and
e. There is no potential for extending the street system; and
f. Minimum width of an easement shall be 30 feet.
B. Minimum Setback Requirements.
1. Front yard minimum mean depth: 20 feet.
2. Side yard minimum mean width: five feet. The total of the two side yards shall be 15 feet. Side of building means the outer face of any part of the building roof eaves.
3. Rear yard minimum mean depth: 20 feet.
C. Maximum Land Coverage by Buildings.
1. Total: 35 percent except that residential small lots may be developed as provided in BMC 17.15.055.
2. Accessory buildings: 50 percent of rear yard.
D. Maximum Building Height. Two and one-half stories, but not more than 35 feet except that churches may exceed this height when approved by plan review (see BMC 17.68.150), except that residential small lots may be developed as provided in BMC 17.15.055.
1. Main buildings: two and one-half stories not to exceed 30 feet.
2. Accessory buildings: one story not to exceed 20 feet.
E. Accessory buildings shall comply with the following requirements:
Lot Size
Maximum Building Size
Setback
Maximum Eave Height at Minimum Setback Line
Up to 9,600 square feet
640 square feet
5 feet
12 feet
9,601 – 10,890 square feet
(1/4 acre)10 square feet /100 square feet lot area > 9,600 square feet
(760 square feet @ 1/4 acre)7 feet
12 feet
10,891 – 21,780 square feet
(1/2 acre)1,200 square feet
10 feet
12 feet
21,781 – 43,560
(1 acre)1,600 square feet
12 feet
12 feet
> 43,560
(1 acre)2,000 square feet
15 feet
15 feet
F. Subdivisions shall comply with the following criteria:
1. A detailed landscaping plan shall be submitted.
2. Artist’s renderings with both isometric and perspective views and a color plan for the proposed development. Models may be required for large and complex projects.
3. A design review report and recommendation pursuant to chapter 17.69 BMC shall be presented.
4. Common open space, playground and/or park shall be provided for subdivisions larger than 40 units.
G. Cluster developments may be permitted as part of the subdivision process. The planning commission, when considering a subdivision, may allow a reduction of lot width, lot width at building line and lot area; provided, that:
1. Housing types may include single-family detached, townhouses, zero lot line and multifamily. A maximum of eight dwelling units is permitted in a single building.
2. The density of dwellings is not greater than that which would occur under strict interpretation of the requirements for the underlying zoning classification subject to adopted administrative rules reviewed and approved by the planning commission within six months of the effective date of this section.
3. When lot widths and lot areas are decreased, 35 percent lot coverage shall be the maximum permitted for a detached single-family dwelling and proportional limits on building size may be imposed on other housing types.
4. The resulting subdivision design clearly retains a substantial area of continuous, public accessible open space such as Gages Slough, a lake, wetland, bluff, ravine, wildlife habitat area, trail on Burlington Hill, or other unique topographic feature, or a conservation area identified by the planning commission. Such open spaces shall be maintained in accordance with their intended use and purpose.
5. A reduction in lot size of up to 20 percent below the minimum lot size of the underlying zoning shall be permitted. For example, if the underlying zoning has a minimum lot size of 9,600 square feet, the maximum reduction in lot size is 1,920 square feet, or a minimum lot size of 7,680 square feet in a cluster subdivision.
6. A detailed landscaping plan shall be submitted.
7. Artist’s renderings with both isometric and perspective views and a color plan for the proposed development. Models may be required for large and complex projects.
8. A design review report and recommendation pursuant to chapter 17.69 BMC shall be presented.
H. Subdivisions shall be required to provide one 10-foot and one five-foot side yard where feasible to maximize the opportunity for vehicle access to the rear yard. (Ord. 1502 § 3, 2002; Ord. 1473 § 1, 2001; Ord. 1431 § 2, 2000; Ord. 1396 § 32, 1999; Ord. 1260 § 4, 1994; Ord. 1237 § 4, 1993; Ord. 1206 § 3, 1992).
Chapter 17.18
R-A RESIDENCE AND AGRICULTURAL DISTRICT(Repealed by 1630)
Chapter 17.21
R-2 TWO-FAMILY
RESIDENCE DISTRICT4Sections:
17.21.010 Intent.
17.21.020 Permitted primary uses.
17.21.030 Permitted accessory uses.
17.21.040 Uses requiring permit.
17.21.050 Area and dimensional regulations.
17.21.010 Intent.
The R-2 duplex residential zones are intended to permit a limited increase in population density in those areas to which this classification applies by permitting two dwelling units on a minimum size lot while at the same time, by means of the standards and requirements set forth in this chapter, maintaining a desirable family living environment by establishing minimum lot areas, yards and open spaces. A related consideration is to provide a transition between single-family areas and other intensive designations or activities which reduce the suitability for single-family uses. (Ord. 1206 § 3, 1992).
17.21.020 Permitted primary uses.
Hereafter all buildings, structures, or parcels of land shall only be used for the following subject to the same additional regulations (BMC 17.15.050) required as though located in the R-1 district, unless otherwise provided for in this title:
A. One duplex (two-family dwelling) not to exceed one duplex per lot;
B. One detached single-family dwelling, not to exceed one single-family dwelling per lot. If only a single-family dwelling exists on a lot on the effective date of this title codified herein, an additional dwelling unit may be added or attached to and made a part of the existing building, provided all requirements of this title are met;
C. Accessory uses to include residential garage, guest cottage, recreation room, tool shed, noncommercial greenhouse, and swimming pool;
D. Keeping of no more than four household pets. This limit shall not include birds, fish, or suckling young of pets;
E. Municipal parks and playgrounds;
F. Renting of rooms for lodging purposes only, to accommodate not more than two persons in addition to the immediate family;
G. Family day care home, as defined by DSHS. (Ord. 1206 § 3, 1992).
17.21.030 Permitted accessory uses.
Permitted accessory uses are those uses permitted in district R-1. See chapter 17.54 BMC for parking requirements. (Ord. 1206 § 3, 1992).
17.21.040 Uses requiring permit.
The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of BMC 17.68.130:
A. Boarding houses;
B. Child day care center, as defined by DSHS, and preschool/nursery schools;
C. Duplexes, more than one per lot;
D. Government facilities;
E. Mobile home parks;
F. Museums;
G. Nursing homes;
H. Religious institutions;
I. Utility substations. (Ord. 1396 § 34, 1999; Ord. 1206 § 3, 1992).
17.21.050 Area and dimensional regulations.
A. Minimum lot area for single-family residence: 6,000 square feet.
Minimum lot area for two-family residence: 7,600 square feet.
Minimum lot width at building line for single-family residence: 60 feet.
Minimum lot width at building line for two-family residence: 70 feet.
B. All other area and dimensional regulations the same as for district R-1 except maximum land coverage by buildings, which shall be 40 percent. (Ord. 1206 § 3, 1992).
Chapter 17.24
R-3 MULTIFAMILY
RESIDENCE DISTRICT5Sections:
17.24.010 Intent.
17.24.020 Permitted primary uses.
17.24.030 Permitted accessory uses.
17.24.040 Uses requiring permit.
17.24.050 Area and dimensional regulations.
17.24.010 Intent.
This district is intended to provide for multiple-family residential development and is further intended as a residential district of single, duplex and multiple-family residences, except as specifically provided elsewhere in this chapter. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size or capacity to adequately and permanently meet needs resulting from a defined intensity of land use. (Ord. 1206 § 3, 1992).
17.24.020 Permitted primary uses.
A. Those uses permitted in districts R-1 and R-2, subject to the same restrictions as though located in those districts.
B. Multifamily dwellings. The following plan review criteria shall be met:
1. Parking areas shall be screened from the street.
2. Pedestrian access to open space shall be on walkways and shall minimize the need to walk through parking areas.
3. Projects shall comply with the city of Burlington design guidelines for multifamily development, even when design review board approval is not required.
4. Dumpsters shall be fully enclosed with a solid fence or wall with a solid gate and shall not be visible from the public right-of-way.
5. A children’s play area shall be provided, with a minimum size of 225 square feet plus 20 square feet per unit.
6. Common open space for passive or active recreation shall be provided at the rate of 50 square feet per unit.
7. Laundry and storage facilities shall be provided, either in each unit or in a central facility.
8. Multifamily developments shall comply with chapter 17.48 BMC, Performance Standards, where applicable.
9. Exterior lighting shall be provided for parking areas, access streets and pedestrian walkways, to be reviewed by the planning commission. Lighting shall be designed to direct light away from residential units to prevent glare.
10. Sidewalks shall be level and comply with the standards of the Americans with Disabilities Act. A five-foot planting strip shall be provided where adequate right-of-way is available. Exceptions shall be reviewed by the planning commission in the plan review process, to a minimum of three feet. Driveways shall be designed so that a minimum three feet in width provides a continuous level sidewalk route of travel.
11. Nothing in this section shall preclude the requirement for additional mitigation in critical areas as defined in chapter 15.15 BMC, based on identified adverse environmental impacts pursuant to chapter 15.12 BMC. See also chapter 17.68 BMC, Plan Review Criteria.
12. In the event of identified unique or unusual site conditions that are not anticipated by the development standards in this code, the planning commission and/or city council is authorized to further condition a proposed project, including reducing density. See BMC 17.24.050(H).
C. Municipal buildings, police stations, fire stations. (Ord. 1322 § 1, 1996; Ord. 1260 § 6, 1994; Ord. 1206 § 3, 1992).
17.24.030 Permitted accessory uses.
A. Those uses permitted in districts R-1 and R-2, subject to the same restrictions as though located in those districts, and recreation and storage building. See chapter 17.54 BMC for parking requirements.
B. Telecommunication mini facility, subject to the following requirements:
1. The mini facility may be located on buildings and structures provided that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space.
2. The mini facility shall be exempt from review by the design review board if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located.
3. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or otherwise appropriately concealed, camouflaged or located underground.
4. Mini facilities shall comply with the height limitation specified for all zones except as follows: Omnidirectional antennas may exceed the height limitation by 10 feet, or in the case of nonconforming structures the antennas may extend 10 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blends in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. (Ord. 1396 § 35, 1999; Ord. 1206 § 3, 1992).
17.24.040 Uses requiring permit.
The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of BMC 17.68.130:
A. Boarding and group housing;
B. Child day care center as defined by DSHS, preschools or nursery schools;
C. Government facilities;
D. Health care facilities;
E. Mobile home park;
F. Nursing homes;
G. Professional offices;
H. Religious institutions;
I. Utility substations;
J. The use of the R-1-3 zoning district areas as shown on the official zoning map of the city of Burlington as a receiving zone for transfer or purchase of development rights from land zoned agriculture in Skagit County zoning ordinance and designated open space parks and agriculture on the official city of Burlington comprehensive plan map of the urban growth area; the use shall be permitted at the rate of one additional residential dwelling unit per acre. (Ord. 1396 § 36, 1999; Ord. 1333 § 2, 1997; Ord. 1322 § 2, 1996; Ord. 1260 § 7, 1994; Ord. 1206 § 3, 1992).
17.24.050 Area and dimensional regulations.
A. Minimum Lot Requirements.
1. Minimum lot area: 6,000 square feet. For a multifamily dwelling the required land area shall be computed as follows: Initial minimum lot size for two units of any size: 6,000 square feet. For each additional unit over two, add 3,000 square feet per unit.
2. Minimum lot dimensions: 60-foot width at front building line, 30-foot minimum width at street line, 80-foot minimum mean depth.
B. Minimum setback requirements: The same as for district R-1.
C. Maximum land coverage: Not more than 70 percent of any lot area may be covered by buildings and/or impervious paving materials, and not more than 30 percent of any lot area may be occupied by buildings. A minimum 30 percent of each lot shall be landscaped.
D. Maximum building height: Two stories, but not more than 30 feet.
E. Interior courts or areas between multifamily dwelling buildings shall have a minimum dimension of 30 feet in one-story buildings, 40 feet in two-story buildings.
F. Maximum Building Dimension. In no instance shall the greatest dimension of a multifamily building exceed 150 feet, measured parallel to exterior building walls.
G. Maximum Building Gross Floor Area. In no instance shall the gross floor area exceed 8,000 square feet for any multifamily building.
H. Maximum Density. Maximum density for any multifamily development shall not exceed 14 units per usable acre. Usable acreage is defined as the total site area minus any delineated wetlands or steep slope areas.
I. Cluster Developments may be permitted as part of the subdivision process. The planning commission, when considering a subdivision, may allow a reduction of lot width, lot width at building line and lot area, provided that:
1. Housing types may include single-family detached, townhouses, zero lot line and multifamily. A maximum of eight dwelling units is permitted in a single building.
2. The density of dwellings is not greater than that which would occur under strict interpretation of the requirements for the underlying zoning classification subject to adopted administrative rules reviewed and approved by the planning commission within six months of the effective date of the ordinance codified in this section.
3. When lot widths and lot areas are decreased, 35 percent lot coverage shall be the maximum permitted for a detached single-family dwelling and proportional limits on building size may be imposed on other housing types.
4. The resulting subdivision design clearly retains a substantial area of continuous, public accessible open space such as Gages Slough, a lake, wetland, a bluff, ravine, wildlife habitat area, trail on Burlington Hill, or other unique topographic feature, or a conservation area identified by the planning commission. Such open spaces shall be maintained in accordance with their intended use and purpose.
5. A reduction in lot size of up to 20 percent below the minimum lot size of the underlying zoning shall be permitted. For example, if the underlying zoning has a minimum lot size of 9,600 square feet, the maximum reduction in lot size is 1,920 square feet, or a minimum lot size of 7,680 in a cluster subdivision.
6. A detailed landscaping plan shall be submitted.
7. Artist’s renderings with both isometric and perspective views and a color plan for the proposed development. Models may be required for large and complex projects.
8. A design review report and recommendation pursuant to chapter 17.69 BMC shall be presented. (Ord. 1322 § 3, 1996; Ord. 1260 § 8, 1994; Ord. 1206 § 3, 1992).
Chapter 17.27
R-S SEMI-PUBLIC DISTRICT6Sections:
17.27.010 Intent.
17.27.020 Permitted primary uses.
17.27.030 Permitted accessory uses.
17.27.040 Area and dimensional regulations.
17.27.010 Intent.
The R-S semi-public zone is intended to permit a mixture of residential and office uses that are compatible in design and character with adjacent residential uses. (Ord. 1206 § 3, 1992).
17.27.020 Permitted primary uses.
A. Those uses permitted in districts R-1, R-2 and R-3, subject to the same restrictions and additional regulations (BMC 17.15.050) as though located in those districts. Higher density apartment developments may be permitted by conditional use.
B. Professional office buildings for the use of such professions as doctors, architects, lawyers and engineers or administrative office buildings for uses commensurate with the nonadvertising, conservative occupancy characteristics inherent in the professional uses listed above, provided that the exterior design of the buildings is residential in character, compatible with developments on adjacent residential properties.
C. Uses similar in character to the above uses within the process of plan review. (Ord. 1206 § 3, 1992).
17.27.030 Permitted accessory uses.
A. Those accessory uses permitted in district R-1.
B. Accessory buildings or uses incident to primary uses such as garages solely for the storage and servicing of vehicles of occupants of the building; restaurants or cafeterias primarily for the convenience of the occupants of the building; printing of materials necessary in the operation of the primary business and not used for the conduct of a general printing business; sample display sales rooms; or similar accessory uses.
C. Playfields, parks or recreation areas.
D. Accessory buildings or multibuilding developments with uses complementary and related to the primary use; provided control of building design, location, and site development is retained by the dominant use. In such coordinated developments the site area requirement shall apply to the group of buildings and the yard requirements to the site perimeter.
E. No operation shall be permitted in the R-S district which creates smoke, dust, dirt, fly ash, noise, glare, heat, odor, gases, vibrations, electrical radiation or interference or any other evidence of nuisance which is detectable at objectionable levels at the property lines. The performance standards of chapter 17.48 BMC shall provide the criteria for measurement of such nuisances.
F. Parking spaces must be provided for all residential uses as though located in district R-3. Other parking requirements are prescribed in BMC 17.54.050.
G. Sign regulations: See chapter 17.63 BMC.
H. Parking area and service yards in district R-S must be screened from adjoining residences. (Ord. 1206 § 3, 1992).
17.27.040 Area and dimensional regulations.
A. Minimum lot requirements for residential use as required by BMC 17.15.060, 17.21.050, and 17.24.050.
B. Minimum setback requirements as required by BMC 17.15.060, 17.21.050, and 17.24.050.
C. Floor area ratio for nonresidential buildings: one square foot of gross building area for every three square feet of land. This requirement can be exceeded by conditional use approval.
D. Maximum building height: four stories, but not more than 45 feet. Nonhabitable structures such as a church spire, fleche, campanile or high nave, a dome and lantern, or a clock tower may be permitted to exceed the height limit provided such structures are not intended as advertising devices.
E. Interior courts in multifamily dwelling buildings shall have a minimum dimension of 30 feet in one-story buildings, 40 feet in two-story buildings, 50 feet and not more than three sides in three or more story buildings. (Ord. 1396 § 37, 1999; Ord. 1271 § 1, 1994; Ord. 1206 § 3, 1992).
Chapter 17.28
OSP OPEN SPACE, PARKS AND AGRICULTURE DISTRICTSections:
17.28.010 Intent.
17.28.020 Permitted primary uses.
17.28.030 Uses requiring permit.
17.28.040 Additional regulations.
17.28.050 Area and dimensional regulations.
17.28.010 Intent.
It is the intent of this chapter to:
To encourage desirable and appropriate land uses in areas of the city which by reason of location, soil, topographic or flooding characteristics, public ownership, wetlands, wildlife habitat, or values to the community for scenic, recreation, agriculture, forest, or open space, are not suited to intensive land development patterns as determined by the comprehensive plan and may require specific management or development techniques. Use of this district may also allow for special assessment as open space under the provisions of Skagit County’s open space taxation program. This district shall not, however, be construed as guaranteeing open space land valuation. To secure such assessment, application must be made to the county assessor as set forth in Skagit County law. (Ord. 1260 § 9, 1994).
17.28.020 Permitted primary uses.
Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title:
A. Agriculture, including crop land but specifically excluding livestock and poultry, machinery and equipment sheds or barns.
B. Conservation areas including forest, wetlands and wildlife preserves.
C. Parks, natural scenic areas, trails, walking and bicycle paths, excluding commercial amusement devices or operations.
D. Playgrounds or playfields, including restrooms, storage buildings and refreshment stands.
E. Reclamation areas limited to soil, forest, wildlife special flood risk or wetland.
F. Community centers, recreational buildings, band shells and similar facilities.
G. Parking facilities to support the permitted uses identified in this chapter.
H. Any special flood risk areas along the Dike or Gages Slough, even when only a portion of a lot.
I. Cultural resources including significant historical, archaeological and traditional cultural properties.
J. Existing agriculture related uses.
K. Existing single-family dwellings and the replacement of existing single-family dwellings. (Ord. 1320 § 1, 1996; Ord. 1260 § 9, 1994).
17.28.030 Uses requiring permit.
The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of this code:
A. Uses similar to and compatible with the permitted uses. Conditional uses may not decrease the openness or interfere with the scenic or habitat value of the land.
B. Installation of various public utilities into or across open space zones, and clearing of a vegetated natural area for one of the permitted uses listed above, subject to the following:
1. In addition to the conditional use criteria of Chapter 17.68 BMC, it shall be shown that the intrusion is necessary to provide services to the open space for public benefit or safety; or for physical or technical reasons, and that no reasonable alternative is practicable.
2. The design and plan shall create the minimum of surface and vegetation disturbance necessary to accomplish its purpose.
3. Undergrounding of utilities shall be encouraged and required where site characteristics are suitable.
C. Publicly owned golf courses and associated clubhouses. (Ord. 1260 § 9, 1994).
17.28.040 Additional regulations.
A. Where open space zoning is established along Gages Slough, property owners may continue mowing, gardening or other normal maintenance activities.
B. Protection and enhancement of water quality shall be required, including no dumping of yard waste, no use of chemical pesticides or herbicides in wetlands or on water, and no dumping of hazardous waste, litter, rubbish or any materials further regulated by the Burlington Nuisance Code.
C. Development rights may be transferred or purchased from land in agriculture, open space or similar use to any R-1-9.6 or R-3 zone at the rate of one dwelling unit per acre as provided in BMC 17.15.040(K), 17.24.040(M) and 17.68.155. (Ord. 1333 § 3, 1997; Ord. 1260 § 9, 1994).
17.28.050 Area and dimensional regulations.
A. Minimum Setback Requirements.
1. Buildings and other structures shall be located a minimum of 50 feet from any lot in a residential zone.
2. Sports play areas and parking lots shall be located to minimize disruption of nearby residential uses.
B. Maximum building height: One story not to exceed 20 feet.
C. Minimum lot area: 40 acres. (Ord. 1320 § 2, 1996; Ord. 1260 § 9, 1994).
Chapter 17.30
MR-NB MEDIUM DENSITY RESIDENTIAL AND NEIGHBORHOOD BUSINESS DISTRICTSections:
17.30.010 Intent.
17.30.020 Permitted primary uses.
17.30.030 Uses requiring permit.
17.30.040 Accessory uses.
17.30.050 Supplemental development standards.
17.30.060 Area and dimensional regulations.
17.30.010 Intent.
To provide a mixed use zone for residences, small apartments, business and commercial uses that are not high traffic generators and that provide limited customer services on the premises, in areas that may already be mixed use in character because of a fragmented zoning pattern, or residential areas that are in transition as a result of changes in the arterial street network. Reuse of existing buildings is encouraged. This is a mixed use, medium density residential and neighborhood business district that allows more than one use on a lot, but requires that the business uses are compatible with residential uses. (Ord. 1260 § 10, 1994).
17.30.020 Permitted primary uses.
A. Apartments with a maximum of eight dwelling units;
B. Art, music and dance studios;
C. Artisanal uses, such as photographer, artist studio dwelling;
D. Contractors office and storage;
E. Home occupations;
F. Laboratories, such as den