Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.050 Adoption by reference.
15.01.080 Minimum requirements.
15.01.090 Violations and penalty.
15.01.010 Title.
This title shall be known as “Buildings and Construction.” This chapter shall be called “General Provisions.” (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.020 Application.
This title shall be applicable as is set forth in the following chapters. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.030 Purpose.
The purpose of this title is to identify the international, uniform, and fire codes adopted by the city; to establish regulations for the construction, maintenance, and operation of buildings and structures; to establish a uniform system of addressing; and to establish provisions for the collection and assessment of transportation, park, and fire impact fees. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.040 Authority.
The provisions of this title are authorized pursuant to chapters 19.27 and 36.70A RCW, RCW 82.02.050 through 82.02.090 and other applicable laws and regulations as well as the authority identified in the chapters contained within this title. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.050 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. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.060 Definitions.
The words listed in this title shall have the following meanings unless the context clearly indicates otherwise. Terms relating to pollutants and to hazardous wastes, materials, and substances, where not defined in this title, shall be as defined in chapters 173-303 and 173-340 WAC, the International Building Code or Fire Code. Words used in the singular include the plural, and words used in the plural include the singular.
“A”
“Act” means the Growth Management Act, as codified in chapter 36.70A RCW, as now in existence or as hereafter amended.
“B”
“Boundary line adjustment” or “lot boundary adjustment” shall have the same meaning as set forth in BMC Title 16.
“Building official” means the building official who is responsible for the enforcement of the building code, residential code, mechanical code, fuel gas code, plumbing code, energy conservation code, housing code, abatement of dangerous buildings code, all special hazards codes which may now or hereafter be adopted, of the city. Building official shall also be known as a department head.
“Building permit” means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure.
“Burlington Hill special management area” means those portions of Burlington Hill with a ground elevation 40 feet or more above sea level as shown on the most current USGS 7.5 minute topographic quadrangle map.
“C”
“Capital facilities” means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. “Capital facilities” also means any buildings, structures, equipment, and physical improvements necessary to provide public services.
“Capital facilities plan” means the capital facilities element of the city’s comprehensive plan. The capital facilities plan (CFP) is a general plan for providing the facilities and services necessary to serve the projected population and employment growth identified in the land use element of the comprehensive plan and is used as the basis for the development, and annual revision of, the capital improvement plan (CIP).
“Capital improvement plan” (CIP) means the detailed six-year financing plan required by WAC 365-196-415(1)(d). The capital improvement plan is a component of the comprehensive plan and is revised and updated annually as a means to address changing budgetary conditions and is used to implement the capital facilities plan.
“Certificate of occupancy” means a written document issued by the governing authority in accordance with the provisions of the building permit. The certificate of occupancy indicates that, in the opinion of the building official, the project bas been completed in accordance with the building and zoning codes. This document gives the owner permission from the authorities to occupy and use the premises for the intended purpose.
“City” means the city of Burlington.
“City administrator” means the duly appointed city administrator or his/her designee under the authority of the mayor.
“City engineer” means the officially appointed and acting public works director for the city, also referred to herein as a department head.
“Community development director” means the city administrator or designee.
“Council” means the city council of the city of Burlington.
“County” means Skagit County.
“D”
“Developer” means an individual, group of individuals, partnership, corporation, state agency, or other person undertaking development activity, and their successors and assigns.
Development or Development Activity. “Development” means any activity that results in a use or modification of land or its resources. Development activities include, but are not limited to: dredging, drilling, dumping, filling, earth movement, grading, clearing or removal of vegetation; storage of materials or equipment; building or construction; the placement of manufactured homes; land division, boundary line adjustments, lot segregations, subdivisions and short subdivisions; binding site plans; land use permit approvals; variances; shoreline development or substantial development; and activities or uses allowed through conditional use permits; or any change in use of land that creates additional demand and need for public streets and roads, publicly owned parks, open space and recreational facilities, and fire protection facilities.
“Development approval” means any written authorization from the city, other than a building permit, which authorizes the commencement of a development activity, including, but not limited to, plat approval, binding site plan approval, boundary line adjustment, and a conditional use permit.
“Director” means the community development director.
“Dwelling unit” means any building or portion thereof which contains complete living facilities, including provisions for sleeping, cooking, eating, and sanitation for not more than one family.
“E”
“Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.
“F”
“Family” means a person, or two or more persons, related by blood or marriage or law living together as a single housekeeping unit in a single dwelling. In addition, the following shall be included in the definition of “family” pursuant to the requirements of state and/or federal law:
1. Adult family homes licensed pursuant to RCW 70.128.150;
2. Foster homes for the placement of the disabled, or expectant mothers in a residential setting including, but not limited to, foster family homes licensed pursuant to chapter 74.15 RCW, community group care facilities licensed pursuant to chapter 74.15 RCW and crisis residential centers pursuant to chapter 13.32A RCW;
3. Consensual living arrangements of the disabled protected pursuant to the Federal Fair Housing Act amendments; and
4. A housekeeping unit as defined by chapter 17.01 BMC.
“Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation, commencing a development activity which creates the demand for planned facilities, and which requires development approval and/or the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit.
“Fire impact fee” means the impact fee designated to pay for a proportionate portion of fire protection facilities identified in the capital improvement plan.
“Fire marshal” or “fire code official” means the official responsible for enforcing and administering the city’s adopted fire code, fire safety requirements, and other related codes and requirements.
“H”
“Hearing examiner” means the official designated under the provisions of chapter 17.120 BMC.
“I”
“Impact fee” means a payment of money imposed by the city on development activities pursuant to this chapter as a condition of granting development approval and/or a building permit in order to pay for the planned facilities needed to serve new growth and development activity. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to this chapter.
“Impact fee account” or “account” means the account or accounts established for the planned facilities for which impact fees are collected. The accounts shall be established pursuant to this chapter, and comply with the requirements of RCW 82.02.070.
“Independent fee calculation” means the impact calculation and/or economic documentation prepared by the feepayer to support the assessment of an impact fee other than by the use of the impact fees adopted herein and on file in the office of the finance director, or the calculations prepared by the public works director/city engineer in the case of traffic impact fees, the parks and recreation director in the case of park impact fees and/or the fire chief in the case of fire impact fees, where none of the impact fee categories or impact fee amounts in this chapter accurately describe or capture the impacts of the development activity on public streets and roads, publicly owned parks, open space and recreational facilities, and fire protection facilities. All independent fee calculations shall be prepared by the respective department director(s) as specified above, and shall be submitted to the city administrator/community development director for review and recommendation to city council for final determination.
“Interest” means the average interest rate earned by the city of Burlington in the last fiscal year, if not otherwise defined.
“L”
“Land use permit” is a consolidated development approval or permit issued pursuant to BMC Title 14A.
“Legally existing” means a use or structure which was established in compliance with all applicable rules, regulations, and laws in effect at the time of its establishment, including the requirement to obtain permits, authorizations, or approvals.
“Level of service (LOS)” means the quantity and quality of service which the city council has determined to be appropriate and desirable for the city. A measure of the LOS may include, but is in no way limited to, maximum levels of congestion on city streets and roads, maximum commute times, maximum wait at stops, maximum fire department response time, minimum fire suppression capabilities, minimum park space per capita for a variety of types of parks, minimum distance from residences to parks, and any other factors the city council may deem appropriate.
“M”
“Manufactured home” means a single-family dwelling built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and RCW 43.22.335. This term includes modular homes as defined in this chapter but does not include mobile homes. This term also does not include recreational vehicles, park models, trailers, and other similar vehicles which are licensed for use on public roads, capable of being licensed for use on public roads, or designed and constructed to be licensed for use on public roads. Only structures which are certified by the state of Washington or federal government for use as a permanent habitable dwelling are included in this definition.
“Manufactured home park” or “mobile home park” means an area of land occupied or designed for the occupancy of two or more manufactured homes.
“Mobile home” means a factory built dwelling unit that does not meet current state or federal standards for factory built dwellings, modular homes, or manufactured homes. This definition does not include manufactured or modular homes as defined in this chapter or site built homes constructed in accordance with city building code requirements. Mobile homes may not be placed within the city of Burlington; however, existing legally established mobile homes shall be considered a nonconforming use and shall be subject to the nonconforming standards set forth in chapter 17.100 BMC.
“Modular home” means factory built housing as defined by RCW 43.22.450(3) which has been approved by the Department of Labor and Industries in accordance with RCW 43.22.455.
“O”
“Owner” means the owner of record of real property or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
“P”
“Parks director” means the parks and recreation director of the city parks and recreation department, also referred to herein as a department head.
“Parks impact fee” means the impact fee designated to pay for publicly owned parks, open space and recreation capital facilities, projects and equipment listed within the capital facilities element of the comprehensive plan (adopted annually by resolution of city council in the form of the six-year CIP).
“Peak p.m. hour” means the consecutive 60-minute periods during the 4:00 p.m. to 6:00 p.m. peak period during which the highest volume of trips on the city’s street system occurs.
“Planned facilities” shall mean public streets, roads and associated transportation equipment, facilities and infrastructure, publicly owned parks, open space, parks and recreation equipment and facilities, and fire protection equipment and facilities included in the capital facilities element of the comprehensive plan, capital facility plan, and/or six-year capital improvement plan (CIP) for Burlington.
“Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project or users of the project, that are necessary for the use and convenience of the occupant or users of the project, and are not listed in the capital facilities plan or capital facilities element of the comprehensive plan (six-year city capital improvement plan (CIP)) adopted by resolution of the city council annually and used in the fee calculation.
“Public services” means fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
“Public works director/city engineer” means the director of the department of public works/city engineer or his/her designee.
“R”
“Residential structure” means a house, apartment, mobile home, manufactured home or modular home containing one or more dwelling units.
“S”
“Square footage” means the square feet of the gross floor area of a development or structure.
“State” means the state of Washington.
“System improvements” means planned facilities that are designed to provide service to the community at large, in contrast to project improvements. In the instance of transportation impact fees, “system improvements” are those public facilities that are included in the city of Burlington’s capital facilities plan or capital improvement plan, and form the basis of calculating the city’s traffic/transportation impact fees.
“T”
“Traffic/transportation impact fees” means the impact fee designated to pay for public streets and roads, capital facilities and equipment identified in the city’s capital facilities plan or capital improvement plan.
“V”
“Voluntary agreement” means an agreement between the developer and the city or as authorized by RCW 82.02.020.
“W”
“Way-of-travel” means a roadway of whatever sort, including, but not limited to, avenues, boulevards, courts, drives, lanes, loops, places, tracts and ways, which is capable of carrying vehicular traffic.
Ways-of-travel include:
1. Alley.
2. Avenue.
3. Boulevard.
4. Court.
5. Designate.
6. Drive.
7. Lane.
8. Road.
9. Street.
10. Way.
11. “Alley” means a public or private way-of-travel 16 feet or less in width not designated or improved for general travel and used as a secondary means of access to the rear of residential, business or other property.
12. “Avenue” means a way-of-travel which runs generally east and west.
13. “Boulevard” means a way-of-travel that extends north and south through the commercial and industrial district.
14. “Court” means a way-of-travel under two grid blocks long.
15. “Designate” means to name a way-of-travel whether by name or number.
16. “Drive” means a way-of-travel.
17. “Lane” means a way-of-travel one block long.
18. “Place” means a way-of-travel.
19. “Road” means a way-of-travel which heretofore has been designated a road.
20. “Street” means a way-of-travel which generally runs north and south.
21. “Way” means a way-of-travel. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.070 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. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.080 Minimum requirements.
The requirements of this title are minimum requirements. They do not replace, repeal, abrogate, supersede or effect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this title imposes requirements which are more protective of human health or the environment than those set forth elsewhere, the provisions of this title shall prevail.
Approvals and permits granted under this title are not waivers of the requirements of any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this title. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.090 Violations and penalty.
All acts or omissions in violation of any provision contained within this title, or acts or omissions that cause or contribute to a violation of any provision contained within this title, are hereby determined to be detrimental to the public health, safety and general welfare and shall constitute a public nuisance. Further, as specified in chapter 1.24 BMC, such acts or omissions shall be subject to fines and abatement under chapter 8.12 BMC, criminal penalties as set forth in chapter 1.24 BMC, penalties for civil infractions as set forth in chapter 1.34 BMC, or civil violations as set forth in chapter 1.44 BMC. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.100 Appeal.
Appeal of any land use decision made by the community development director pursuant to this title may be appealed to the hearing examiner or in some cases the city council as identified in the manner set forth in BMC Title 14A. (Ord. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).
15.01.110 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. 1906 (Exh. A), 2021; Ord. 1855 § 2 (Exh. B), 2018).