Chapter 17.45
SUPPLEMENTAL DEVELOPMENT STANDARDS1
Sections:
17.45.010 Preexisting lots.
17.45.015 Mini-lots permitted without setbacks.
17.45.020 Special height restrictions.
17.45.030 Obstructions, generally prohibited.
17.45.040 Marquees.
17.45.050 Fences.
17.45.060 Yards.
17.45.070 Design review guidelines.
17.45.080 Home occupations.
17.45.090 Responsibility for animals.
17.45.100 Outdoor vending machines.
17.45.010 Preexisting lots.
Any lot of any size can be used for a building site, subject to the regulations governing the use district in which it is located, if it was officially recorded in city or county offices as a single lot prior to the adoption of the ordinance codified in this title, provided it has 30-foot frontage on a public street or access to a public street by a 20-foot wide private lane. Once vacant adjacent substandard lots are considered in ownership, they cannot revert to original lots of substandard size subject to the requirements of BMC 17.15.055. (Ord. 1502 § 5, 2002; Ord. 1221 § 6, 1992).
17.45.015 Mini-lots permitted without setbacks.
Subdivision to create zero lot line residences or small lots without yards that meet the underlying zoning district requirements, by either short plat or full subdivision, shall be permitted in the following zoning districts and locations:
A. R-3 multifamily;
B. R-2 duplex;
C. MR-NB medium residential neighborhood business;
D. Permitted duplex dwelling units located in the R-1 single-family zoning district.
This section only applies if the total development site complies with all underlying zoning district development standards and permit conditions. The total development site is defined as the site for which the land use permit is issued authorizing the construction of the dwelling units. This section shall not apply in locations where site access and circulation is provided by a network of private streets. All projects subject to this provision shall be reviewed by the planning commission for compliance with the intent of the code. (Ord. 1584 § 1, 2005).
17.45.020 Special height restrictions.
A. There shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, column or tree not exceeding one foot square or one foot in diameter, between a height three feet and 10 feet above the established grade within the triangular areas described below, without the express approval of the city engineer:
1. The triangular area formed by a line 20 feet along the right-of-way lines of two intersecting streets, measured from the point of intersection of the right-of-way lines, and the line connecting the two ends of the two 20-foot lines,
2. The triangular area formed by a line 15 feet along the street right-of-way line measured from the point of intersection of the alley right-of-way line and a line 15 feet along the alley right-of-way line measured from the point of intersection of the street and alley right-of-way lines and the line connecting the unconnected ends of the two lines.
B. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the city engineer may order the removal of such hazard whether or not such object otherwise complies with the provisions of this title. (Ord. 1221 § 6, 1992).
17.45.030 Obstructions, generally prohibited.
A. In no case shall any fence and/or hedge be constructed or grown, within a distance of three feet, around any fire hydrant; as well as no fence or hedge shall deter or hinder the fire department from gaining access to any fire department connection, fire protection control valve, fire hydrant, or fire department appliance or device;
B. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant;
C. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. (Ord. 1221 § 6, 1992).
17.45.040 Marquees.
In the business, commercial and industrial districts, the projection of marquees to the property line shall not be considered a violation of the building setback requirements. Marquees must conform to the construction requirements as set forth in the building code. (Ord. 1221 § 6, 1992).
17.45.050 Fences.
A. Fences in residential areas providing a maximum six-foot sight obstruction from adjacent properties can be built on the side and rear property lines and across the front of the property in line with the front of a building but not closer than 20 feet to the street right-of-way. Corner lots must observe the 20-foot setback on both streets. From the 20-foot line to the street right-of-way, solid fences a maximum of three feet high, measured from the ground on which the fence stands, are permitted and open rail fences a maximum of four feet, six inches high, measured from the ground on which the fence stands, are permitted in which the rails and posts constitute not more than one-third of the fence area. Taller fences may be permitted in the 20-foot setback area by the planning commission through the plan review process provided in BMC 17.68.150 based on a field inspection and staff report with site plan and photographs provided by the applicant demonstrating consideration of adjacent structures, driveways, location of transit stops, need for privacy, visual impacts of fence structure on block front, or other circumstances not anticipated by this code. Fences up to six feet tall are permitted in commercial and industrial areas subject to corner vision requirements and permit conditions established through the plan review process.
B. Electric fences are permitted in the R-A district by conditional use on approval only when located in an open area where the likelihood of children playing in the area is minimal. (Ord. 1396 § 56, 1999; Ord. 1340 § 5, 1997; Ord. 1221 § 6, 1992).
17.45.060 Yards.
A. The following may project into required yards:
1. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts or similar projections not wider than eight feet measured in the general direction of the wall of which it is a part: 18 inches into any yard;
2. Uncovered porches and platforms which do not extend above the floor level of the first floor: 18 inches into side yards and six feet into the front yard and rear yard, provided they may extend three feet into the side yard when they do not exceed 18 inches in height above the finished grade;
3. Planting boxes or masonry planters not exceeding 42 inches in height may intrude into any required front yard;
4. Eaves shall not protrude more than 24 inches into any minimum required yard.
B. Special Front Yard Depth. If buildings occupy 50 percent or more of the frontage in any block, and are on one side of the street, then the depth of the front yard required by this title shall be disregarded on that side of the street in such block, and in lieu thereof the depth of front yard required on each lot therein shall be not less than average depth of the front yards. This shall apply to residentially zoned property only. (Ord. 1221 § 6, 1992).
17.45.070 Design review guidelines.
The planning director, in consultation with the planning commission, shall adopt design review guidelines consistent with the comprehensive plan and other adopted city policies by administrative rule, which shall provide supplementary review criteria for land use decisions, no later than six months following the effective date of the ordinance codified in this chapter. (Ord. 1221 § 6, 1992).
17.45.080 Home occupations.
A. Home occupations are required to have a business license as issued by the city clerk, comply with all city codes and ordinances, and shall be consistent with the following provisions:
1. Only members of the immediate family residing on the premises may be employed;
2. No inventory is kept (other than incidental supplies necessary for and consumed in the conduct of such home occupation) or commodities sold other than those produced on the premises. Samples may be kept but not sold on the premises. Items commonly collected or traded, and occasionally sold by hobbyists such as coins, stamps, antiques, etc. may be considered to be exempt from this provision, as long as all other requirements of home occupations are met;
3. No mechanical equipment is used except such as is customarily used for domestic, household or personal purposes (or as deemed similar in terms of power and type);
4. Not more than one-fourth of the floor area of any building is devoted to such occupation, except accessory buildings which are used for no other purpose;
5. Such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling;
6. Shall not involve the use of commercial vehicles for the distribution of materials from the premises;
7. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation;
8. Only one sign is permitted, two square feet in area, indirect illumination only, and attached to a building or inside the home;
9. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences;
10. No more animals are maintained on the premises than what may otherwise be permitted in the zone;
11. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sound, noises, vibrations or odors.
B. Exemptions. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do not need to comply with the requirements of BMC 17.45.080 as long as the use does not operate for more than four days semi-annually or in violation of any other provisions of the Burlington Municipal Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale.
C. A conditional use permit is required and must be granted by the city council for the following home occupation uses, even if the use meets all 11 of the requirements of subsection A but in no case shall any home occupation meet less than nine of the 11 requirements:
1. Automobile repair and rebuild;
2. Craft classes;
3. Home occupations that can only meet 9 or 10 of the 11 requirements as outlined in subsection A;
4. Music and dancing studios.
D. In considering applications for home occupation conditional use permits, the city council shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit shall be authorized unless the city council finds that the authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authorization of such permit will be consistent with the spirit and purpose of this title. In authorizing a permit, the city council may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. (Ord. 1340 § 6, 1997; Ord. 1221 § 6, 1992).
17.45.090 Responsibility for animals.
Owners, including both property owners and residents, of animals, including household pets and farm animals, shall be responsible for damage to other properties, including damage to trees and other landscaping, fences and structures. (Ord. 1284 § 3, 1995).
17.45.100 Outdoor vending machines.
A. Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the C-1 and C-2 zoning districts, provided they are carried on in accordance with the limitations hereinafter set forth and provided a land use permit is first obtained in accordance with BMC 17.68.030(B). Outdoor vending machines located in public parks or any other public property shall not be subject to this section.
B. No outdoor vending machine may be installed, maintained, repaired or operated in the city without first being issued a valid land use permit. A land use permit shall be issued by the planning director only if the following standards and conditions are met:
1. The outdoor vending machine may not be located such that the outdoor vending machine, or a user of the outdoor vending machine, is within:
a. A public right-of-way;
b. A required landscape area;
c. A driveway;
d. An area used by vehicles for circulation; or
e. Five feet of any business entrance or exit.
2. All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot. Automated teller machines not on the same property as the financial institution may be located in a parking lot of a multiple tenant development if a conditional use permit is issued pursuant to BMC 17.68.130.
3. When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six feet shall be required in front of the outdoor vending machine. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four feet is required in front of the outdoor vending machine.
4. All outdoor vending machines shall only be located on a building elevation that contains a primary entrance.
5. All outdoor vending machines must be positioned against a building wall and not located in front of windows.
6. An outdoor vending machine shall not block the exit door.
7. Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on the top or side of any outdoor vending machine.
8. Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine.
9. No visible security cages are permitted on the outside of an outdoor vending machine.
10. Outdoor vending machines shall not exceed 80 inches in height and 36 inches in depth and 42 inches in width.
11. All outdoor vending machines shall be maintained in a clean and attractive condition.
12. Any graffiti on an outdoor vending machine shall be removed within 24 hours.
13. The vending machine shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the machine as visible from any residence or vehicle traveling the right-of-way.
14. Number of Outdoor Vending Machines.
a. No more than five outdoor vending machines shall be permitted per development site or integrated development site.
b. The number of outdoor vending machines permittable on a development site shall be as follows:
|
Square Footage of Development Site |
Number of Outdoor Vending Machines |
|---|---|
|
15,000 or less |
1 |
|
15,001 – 30,000 |
2 |
|
30,001 – 45,000 |
3 |
|
45,001 – 60,000 |
4 |
|
60,001 or greater |
5 |
c. For integrated development sites, regardless of the number of lots or individual tenants, that are developed with common parking, on-site circulation, architecture or design features, with multiple underlying lots, at least one outdoor vending machine, but not to exceed three outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be subject to the following ratio:
|
Square Footage of a Lot within an Integrated Development |
Number of Outdoor Vending Machines |
|---|---|
|
15,000 or less |
1 |
|
15,001 – 30,000 |
2 |
|
30,001 or greater |
3 |
15. Upon removal of an outdoor vending machine, the building and site area where the outdoor vending machine was located shall be repaired to its original condition. (Ord. 1720 § 2, 2010).
Prior legislation: Ords. 890 §§ 5.1, 5.5, 5.6, 5.7, 5.11 and 979 § 3.