This chapter shall be called "General Development Standards."
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
This chapter shall apply to the use and development of land, the construction of new buildings, and to the expansion or modification of existing uses, structures and developments.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The purpose of supplemental development standards is to achieve compatible land uses within zoning districts and surrounding areas by providing uniform regulations throughout each district, encouraging neighborhood stability and consistency, and promoting commercial viability and compatibility.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following uses and developments shall be prohibited in all zones and throughout the city of Burlington. This list is not exhaustive and is only intended to highlight specific uses which are explicitly prohibited in all other zones. Other uses may also be prohibited pursuant to BMC § 17.05.090(E) and other applicable code provisions.
A.
Agriculture, rural;
B.
Shooting range, outdoors;
C.
Billboards and off-site advertising;
D.
Electric fences;
E.
Commercial composting;
F.
Bulk storage, manufacturing, processing, handling, or disposal of hazardous substances such as chemicals, petroleum products, medical waste, radioactive material, and explosives. This prohibition shall not apply to minor quantities incidental to a permitted use or activity.
(Ord. 1933 § 1 (Exh. A), 2023)
The purpose of this section is to establish the following performance standards which are intended to reduce the visual, physical, and environmental impacts of new development on existing uses and developments.
A.
Light and Glare. Building materials with high light-reflective qualities shall not be used in the construction of buildings in such manner that reflected sunlight will throw intense glare to surrounding areas. Artificial lighting shall be hooded or shaded so that direct light of high-intensity lamps will not result in glare when viewed from residential areas surrounding a commercial or industrial district.
B.
Electrical Interference. Provision must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses.
C.
Odorous Gases and Matter. The emission of odorous gases or matter in such quantities as to be readily detectable, without special instruments, at any point beyond the property line of the use creating the odor, is prohibited.
D.
Smoke and Particulate Matter Emissions. No emissions shall exceed the allowances set forth by the Environmental Protection Agency, the Washington State Department of Ecology and/or the Northwest Sound Air Pollution Control Agency, unless local regulations are more restrictive, in which case the local regulation shall apply.
E.
Dust, Dirt, Fly Ash, or Airborne Solids. No observable dust, dirt, fly ash or other airborne solids shall be emitted except as related to construction activity.
F.
Waste Storage. Storage of animal or vegetable wastes which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste.
G.
Toxic Gases and Matter. No emissions of toxic gases or matter shall be permitted.
H.
Vibration. Vibration which is easily discernible, without special instruments at any point beyond the property line, is prohibited. This shall not apply to vibration caused by highway vehicles, trains, aircraft or construction activities.
I.
Hazardous Substance and Waste. No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water supply, sewage treatment processes, watercourse or water body, the air, or the ground, except in accordance with standards approved by provisions of federal, state and local laws and regulations, and the International Fire Code.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
Obstructions such fences, hedges, signs, buildings, walls, landscaping, trees, and overgrown vegetation shall be prohibited in the following locations:
A.
Within a distance of three feet of a fire hydrant or in any location that deters or hinders 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 any location that obscures the visibility of a fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant;
C.
In any location that interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes;
D.
In any location which, in the opinion of the city engineer, constitutes a traffic safety hazard for pedestrians, drivers, or other road users. The city engineer may order the removal of any such hazard whether or not the object otherwise complies with the provisions of this title;
E.
No object, or portion of an object, shall be permitted in the 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.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following standards shall apply to the construction, placement, and maintenance of fences, walls, and retaining walls:
A.
General Standards.
1.
Fences, walls, and retaining walls shall not obstruct a required sight line or otherwise violate the sight distance and obstruction requirements of this chapter (BMC § 17.70.060);
2.
Electric fences shall be prohibited citywide and in all zones.
3.
Measurement of Height.
a.
Except for fences or walls located on top of a retaining wall, height shall be calculated by measuring from the lowest adjacent grade to the top of the fence, wall, or retaining wall;
b.
For fences and walls located on top, and within six feet, of a retaining wall or earth berm, the total combined height of the retaining wall and fence or wall shall be subject to the applicable height restrictions in this section (BMC § 17.70.070). In such cases the total height shall be calculated by measuring from the lowest adjacent predevelopment grade to the top of the fence or wall.
B.
Residential Zones. The following standards shall apply in the RD, RA, and MUR zones:
2.
Material. Acceptable materials include wood, stone, decorative metal, and masonry blocks. Chain link or cyclone fencing is prohibited in front and street side setback areas. In all other locations chain link or cyclone fencing may only be used if it is treated with a dark, natural colored coating (such as green or black) and matching privacy slats are used. Barbed wire, razor wire, and other similar security treatments are prohibited.
3.
Setbacks. The minimum setback from a sidewalk or public right-of-way shall be 12 inches.
C.
Mixed Use Commercial Zones. The following standards shall apply in the MUC, PC, and PFT-1 zones:
2.
Material. Acceptable materials include wood, stone, decorative metal, and masonry block. Chain link or cyclone fencing may only be used if it is screened with landscaping, treated with a dark, natural colored coating (such as green or black) and matching privacy slats are used. Barbed wire, razor wire, and other similar security treatments are prohibited.
D.
Industrial Zones. The following standards shall apply in the CI and PFT-2 zones:
1.
Height: six feet. Fences and walls with a maximum height greater than six feet, but less than eight feet, may be authorized with a building permit provided:
2.
Material. Acceptable materials include wood, stone, decorative metal, masonry block, and chain link. Barbed wire and razor wire may be added to the top of a fence or wall provided it is not visible from a street or a public right-of-way. Barbed wire and razor wire is only permitted on top of fences or walls, must be at least six feet above the ground, and may not extend more than one foot above the top of the fence.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following may project into a required setback:
A.
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 a required setback area;
B.
Uncovered porches, decks, and platforms less than 30 inches in height: 18 inches into side yards and six feet into the front yard and rear yard;
C.
Planting boxes or masonry planters not exceeding 42 inches in height may be placed in a required setback area;
D.
Eaves may protrude into a required setback provided they do not exceed 24 inches into a required setback area;
E.
Ramps and other structures necessary to provide handicap access;
F.
Covered patios and entrances may protrude up to six feet into a required front or street-side setback.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A.
General Requirements. Home occupations shall only be permitted when consistent with all of the following:
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 (such as fire suppression hoods or dust collectors) 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 this section as long as the use is not conducted on more than four days in any given two-year period 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.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A.
Household Pets. The keeping of household pets shall be consistent with the requirements of BMC Title 6.
B.
Livestock. Rural agricultural uses are prohibited. Urban agriculture is permitted subject to the following:
1.
Poultry may be kept in the rear yard of detached dwelling subject to the following:
a.
All feed shall be kept in a manner that prevents rodents and other animals from accessing it;
b.
Manure shall be collected and disposed of regularly and objectionable odors shall not be readily detectable beyond the property boundaries;
c.
Poultry shall be confined to the rear yard. The yard shall be fully enclosed by a solid site-obscuring fence sufficient to prevent hens from escaping;
d.
Coops and other similar enclosures shall be located at least five feet from adjoining property lines.
C.
Kennels. Kennels and pet boarding shall only be permitted when specifically authorized by Burlington Municipal Code and shall be consistent with any applicable standards or requirements identified in BMC Title 6.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A.
General.
1.
The requirements and standards of this section shall apply to the installation, modification, maintenance, and operation of all outdoor lighting except:
a.
Public safety lights, including any lighting required for aviation safety, emergency equipment, law enforcement, or essential public facilities;
b.
Temporary construction lighting associated with an active or ongoing construction project;
c.
Special event lighting when authorized by temporary use permit or special event permit;
d.
Temporary low intensity holiday lights;
e.
Street lights installed illuminating a public street right-of-way consistent with the requirements of BMC Title 12;
f.
Outdoor performance, event, or sports field lighting associated with a publicly owned or operated facility, provided such lighting shall be turned off within 30 minutes of the end of the event and the illumination level is consistent with any applicable standards published by the Illuminating Engineering Society of North America.
2.
Lighting Plan Required. A lighting plan shall be provided for all land use permits and development proposals including, but not limited to, subdivisions, short plats, site plan reviews, and conditional use permits. The community director may waive the lighting plan requirement for the construction of a single detached home or duplex building on an existing lot. In all cases the city shall have the authority to request a lighting plan or lighting fixture information if necessary to demonstrate compliance with this section. Lighting plans shall include the following information:
a.
The location, type, and height of all proposed outdoor lighting fixtures;
b.
Illumination intensities and levels;
c.
Provisions for minimizing glare and spillover onto nearby properties;
d.
Manufacturer's specifications and design details;
e.
Any other information necessary to demonstrate compliance with this section.
3.
Exterior lighting shall comply with all applicable Washington State Energy Code requirements. When a lighting plan is required, documentation shall be submitted demonstrating compliance with all applicable energy code requirements.
4.
Lighting shall be provided at consistent levels with gradual transitions between maximum and minimum levels of lighting and between lit and unlit areas. Highly contrasting pools of light and dark areas shall be avoided.
5.
Pedestrian-scale lighting shall be provided when required. Pedestrian-scale lighting may be provided using building-mounted light fixtures, bollards, or other freestanding light fixtures. Pedestrian-scale light fixtures shall have a maximum height of 14 feet and shall be designed to provide an average minimum illumination level of at least two foot-candles.
6.
All exterior light fixtures shall be full cutoff designs, dark sky rated, and permanently directed downwards so the light source is not directly visible beyond the property boundaries or from a public right-of-way. Adjustable pivot mounts that allow fixtures to be repositioned to point outwards or upwards shall not be used. All light fixtures shall be permanently fixed in position. Low intensity lights used exclusively for landscape or architectural accent illumination may be directed upwards provided such lighting has a maximum intensity of 900 lumens, is projected towards a building, fence, wall, or other similar obstruction such that the light source is blocked from projecting into the sky and is not directly visible beyond the property boundaries or from a public right-of-way.
7.
Publicly accessible spaces and common areas, such as parking areas, pedestrian paths, and service areas associated with commercial, multiunit residential, institutional uses shall be subject to the following average minimum illumination levels:
a.
Areas with little or no pedestrian traffic, such as emergency exit paths, outdoor storage areas, and maintenance areas: one-half foot-candle;
b.
Areas with moderate pedestrian traffic such as common areas, internal circulation paths, parking areas, and garbage and recycling areas: one foot-candle;
c.
Primary building entrances, crosswalks, and high volume pedestrian routes including sidewalks along street frontages: four foot-candles;
d.
Maximum uniformity ratio: 15:1.
8.
Prohibited Lights. Lights that blink, flash, revolve, or change intensity or that constitute a public safety hazard shall be prohibited citywide and in all zones.
B.
C.
Lighting Requirements for Mixed Use Commercial Zones. The following standards shall apply in the MUC, PC, and PFT-1 zones:
D.
Lighting Requirements for Industrial Zones. The following standards shall apply in the CI and PFT-2 zones:
1.
Maximum fixture height: 30 feet, except that fixtures within 40 feet of a residential zone shall be limited to a maximum height of 14 feet.
2.
Maximum exterior light level: five foot-candles, except that areas designated on the lighting plan for outdoor manufacturing or sales lots may have a maximum illumination level of 10 foot-candles.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following standards shall apply to all vehicles including trailers, recreational vehicles, boats, camping trailers, fifth wheels, campers, vans, trucks, and cars:
A.
Under no circumstances shall vehicles be parked, stored, or displayed in a landscaping area required by chapter 17.81 BMC.
B.
Junk storage and the storage of wrecked vehicles shall only be permitted in the following locations and only when consistent with all other applicable code requirements:
C.
Vehicles may only be parked or stored within a right-of-way when in full compliance with all applicable parking and traffic laws, regulations, and Burlington Municipal Code provisions.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following standards shall apply to all commercial, industrial, and multifamily development on properties adjacent to single-family zones:
A.
Commercial, Mixed Use, and Attached Residential. The following standards shall apply to sites zoned RA-2, MUC-1, MUC-2, or PFT-1 that abut areas zoned RD or RA-1:
1.
Development Setback. Except for landscaping and screening, all above-ground improvements such as parking areas, drive aisles, trash enclosures, or light fixtures shall be set back at least 10 feet from any parcel zoned RD or RA-1;
2.
Building Setback. Except for covered trash enclosures all buildings shall be set back at least 20 feet from any parcel zoned RD or RA-1;
3.
Building Height. Buildings or portions of buildings located within 40 feet of a parcel zoned RD or RA-1 shall be limited to a maximum height of 35 feet;
4.
Balconies within 100 feet of, and facing, a parcel zoned RD or RA-1 shall have railings faced with an opaque site-obscuring material such as frosted glass, decorative metal, or siding material.
B.
Industrial. The following standards shall apply to sites zoned CI-1, CI-2, or PFT-2 that abut areas zoned RD, MUR, or MUC:
1.
Development Setback. Except for landscaping and screening, all above ground improvements such as parking areas, drive aisles, trash enclosures, or light fixtures shall be set back at least 10 feet from any parcel zoned RD, MUR, or MUC;
2.
Activity Setback. All outdoor manufacturing, assembly, and activity areas shall be set back at least 60 feet from any parcel zoned RD, MUR, or MUC;
3.
Building Setback. All buildings shall be set back at least 40 feet from parcels zoned RD or RA;
4.
Maximum Building Height. For sites that abut parcels zoned RD or RA the maximum building height shall be derived using a ratio of one foot of building height for every two feet of setback. For example, if a proposed building is set back 60 feet from a parcel zoned RD-1, the maximum permitted building height at the setback line would be 30 feet.
C.
Unincorporated Resource Lands. Except for the development of a single detached dwelling on an existing lot, all new development adjacent to unincorporated resource lands shall be subject to the following standards:
1.
Development Setback. Except for landscaping and screening, all above ground improvements such as parking areas, drive aisles, trash enclosures, or light fixtures shall be set back at least 25 feet from any unincorporated resource lands;
2.
Activity Setback. All outdoor manufacturing, assembly, storage, and activity areas shall be set back at least 25 feet from any unincorporated resource lands;
3.
Building Setback. All residential buildings and dwellings shall be located at least 50 feet from unincorporated resource lands;
4.
Land Divisions. Plats adjoining unincorporated resource lands shall identify the setback required by this section on the face of the plat.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A.
Application and Conditional Use Criteria – FCC Preemption. In any proceeding regarding the issuance of a conditional use permit under the terms of this chapter, federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning such emission.
B.
The following are exempt from the requirements of a conditional use permit, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted: minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this title.
C.
A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
A.
Mechanical equipment shall be equipped with a noise-baffling screen as necessary, so that there shall be no audible sound at the property line.
B.
Exterior mechanical equipment shall be located and designed to blend in with the architecture of the building.
C.
Roof-mounted mechanical equipment, with the exception of solar panels and wind generating equipment, shall be fully screened from view using architectural devices such as parapet walls, false roofs, roof wells, or clerestories.
D.
Ground-mounted equipment shall be fully screened from view using a site-obscuring fence or landscaping.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)
The following standards and requirements shall apply to any building, development, or construction activities that result in an increase in impervious surface coverage, building coverage, or modifications to existing stormwater management features or facilities. These standards and requirements shall also apply to all activities involving the modification of existing impervious surfaces or the removal of significant quantities of vegetation.
A.
All development, building, construction, and grading permit applications shall be provided to the city engineer for review. No permit shall be issued or approved unless the city engineer finds the proposal complies with the surface water management regulations in BMC Title 14.
B.
All development activities shall be designed and constructed in accordance with the Washington State Department of Ecology's Stormwater Manual for Western Washington.
C.
Low impact development shall be the preferred and commonly used approach for all development and construction activities. Low impact development (LID) techniques shall be incorporated into all development proposals unless demonstrated to be infeasible through an engineering analysis.
D.
The Department of Ecology's Stormwater Manual for Western Washington and the Puget Sound Partnership's Low Impact Development Technical Guidance Manual for Puget Sound shall be consulted to assess the feasibility of LID techniques, to select appropriate LID measures, and to aid in the design and construction of LID features.
E.
Clearing or the installation of impervious surfaces or paving shall be limited to the minimum amount necessary to support a permitted use or development.
(Ord. 1857 § 2 (Exh. B), 2018; Ord. 1933 § 1 (Exh. A), 2023)