Chapter 17.15
R-1 LAND USE DISTRICT¹

Sections:

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 six household pets, four of which may be dogs, that 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. 1668 § 2, 2009; 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. Mobile home park;

F. Neighborhood recreational buildings and facilities;

G. Private country clubs and golf courses, excluding driving ranges;

H. Religious institutions;

I. Utility substations. (Ord. 1717 § 1, 2010; 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 International 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).

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Prior legislation: Ords. 890 (Chapter 4), 1136 § 2, 1187 § 2, and 1200 § 4.