Chapter 14A.01
GENERAL PROVISIONS
Sections:
14A.01.050 Adoption by reference.
14A.01.010 Title.
This title shall be called “Land Use Decisions.” (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.020 Application.
This title shall apply to land use decisions made by the city of Burlington. This title consolidates the review and decisions procedures for land use decisions identified in BMC Title 18, Shoreline Master Program; Title 17, Comprehensive Zoning Ordinance; Title 16, Subdivisions; Title 15, Building and Construction; and Title 14, Environmental Regulations. (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.030 Purpose.
The purpose of this title is to identify land use decisions to be made by the city, the person or department responsible for making such decisions, the criteria to be applied when making such a decision, and the applicable notice, hearing and appeal procedures. (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.040 Authority.
This chapter is authorized pursuant to chapters 36.70B, 36.70C and 43.21C RCW and other applicable laws and regulations. (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.050 Adoption by reference.
Statutes, codes or regulations identified or adopted herein shall be the existing version of that statute, code or regulation and any subsequent amendment to the same, unless expressly stated otherwise. (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.060 Definitions.
For the purpose of this title, the words listed in this chapter shall have the following meanings unless the context clearly indicates otherwise. Words used in the singular include the plural, and words used in the plural include the singular.
“C”
“Closed record appeal” means an administrative appeal on the record to the city council, following an open record hearing on a project permit application. When the appeal is on the record, the city council’s review shall be based on the record, with no or limited new evidence or information allowed to be submitted and only oral or written appeal argument based on the record.
“Community development director” means the city administrator or designee.
“Comprehensive plan” means the comprehensive plan for the city of Burlington and any amendments thereto adopted pursuant to chapter 36.70A RCW.
“Conditional use” allows certain uses listed as conditional in the zoning code, or for the establishment of uses not listed as permitted or conditional in any zone, if certain conditions can be met.
“D”
“Development code” means BMC Titles 14, 14A, 15, 16, 17 and 18.
“Director” means the community development director.
“E”
“Environmental review” means the procedural requirements of the State Environmental Policy Act (SEPA), chapter 43.21C RCW.
“H”
“Hearing examiner” means a person who may review and interpret land use regulations, conducts hearings, makes decisions and recommendations on land use applications, hears administrative appeals on permits, decisions or determinations made by city officials, and reviews and hears other matters as provided for in the Burlington Municipal Code and other ordinances. The hearing examiner serves in a role similar to that of a judge. The hearing examiner ensures that parties receive proper due process; and issues final decisions on some land use applications and makes recommendations to the city council on others.
“L”
“Land division decision” means a review or approval required by BMC Title 16.
“Land use action” means an action taken by the appropriate city of Burlington review authority concerning the use and/or development of land or street right-of-way governed by the provisions of this title, including project permits as defined in this section.
“O”
“Open record hearing” means a hearing, conducted by the planning commission, hearing examiner or city council that creates the city’s record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit, known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit application.
“Owner” means any person having title to and/or responsibility for, a building or property, including a lessee, guardian, receiver or trustee and the owner’s duly authorized agent.
“P”
“Party of record” means all persons, agencies or organizations who have submitted written comments in response to a notice of application, made oral comments in a formal public hearing conducted on the application, or requested in writing to be a “party of record.” In all cases the permit applicant and property owner shall be considered parties of record. Notwithstanding any of the foregoing, no person shall be a party of record who has not furnished an accurate post office mailing address.
“Person” means an individual, firm, partnership, corporation, municipal corporation, and government, and the individual’s or entity’s heirs, successors and assigns.
Plan Review. Plan review by the planning department is required for most land use actions to assure that all land use permits and approvals comply with the use, development and all other standards of this title and related land use standards, rules, policies and procedures.
“Plot plan” is a scaled map of a site and adjacent public rights-of-way showing locations and dimensions of various existing and proposed features, such as buildings, curbs, driveways, sidewalks, trees, grades and drainage patterns.
“Project permit” or “project permit application” is defined as any land use or environmental permit or license required from a local government for a project action, including but not limited to:
1. Administrative permits;
2. Building permits;
3. Building site plans;
4. Conditional use permits;
5. Critical area permits or approvals;
6. Environmental determinations;
7. Planned unit developments;
8. Preliminary and final subdivisions and short subdivisions;
9. Shoreline substantial development permits or exemptions;
10. Site plan review;
11. Site-specific zoning map amendments that do not require a corresponding comprehensive plan amendment; or
12. Variances.
A project permit does not include appeals, the adoption or amendment of a comprehensive plan or subarea plan, area wide amendments to the zoning map, or text amendments to the development code.
“Public meeting” means an informal meeting, hearing, workshop or other public gathering of people to obtain comments on a permit, plan or regulation for a proposed land use permit before the city’s decision. A public meeting may include, but is not limited to, community meeting or a meeting of the planning commission, a task force or neighborhood group, on plans, proposals, projects or issues. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the record.
“U”
Use – Establish or Change.
“Use” means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and my physical alteration to land itself including any grading, leveling, paving or excavation. “Use” also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.
“Z”
Zoning Exceptions and Changes.
1. Variance. Allows relief from the dimensional or performance standards of the zoning code, such as front, side or rear setbacks.
2. Rezone. This is a zoning map amendment. It changes the list of permitted uses of a specific site or sites under single ownership as well as the height, setback and other limitations, such as changing from residential to commercial or industrial. Rezones may be considered site specific or area wide. Rezones may or may not require corresponding changes to the comprehensive plan.
3. Zoning Text Amendment. This is a change to the text of the code, such as adding a use to the list of uses permitted in a zone. Zoning text amendments may or may not require corresponding changes to the comprehensive plan. (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.070 Liability.
It is the specific intent of this title to place the obligation of compliance upon the property owner or party subject to the provisions of the chapters contained within this title. Nothing contained in this title is intended to be or shall be construed to create or form the basis for liability on the part of the city of Burlington officers, employees or agents for any injury or damage resulting from the failure of the property owner or party subject to the provisions of the chapters contained within this title, to comply with the provisions of this title, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Burlington officers, employees or agents. This title is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 1854 § 2 (Exh. B), 2018).
14A.01.080 Severability.
If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other section of this title. (Ord. 1854 § 2 (Exh. B), 2018).