Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.060 Land use permit required.
17.01.070 Condition of ministerial errors.
17.01.080 Administrative interpretations.
17.01.090 Zoning for annexed land.
17.01.100 Relationship to other titles, chapters and codes.
17.01.110 Violation and penalties.
17.01.010 Title.
This title shall be called the “Comprehensive Zoning Ordinance.” This chapter shall be called “General Provisions.” (Ord. 1857 § 2 (Exh. B), 2018).
17.01.020 Application.
A. This chapter shall apply to all chapters in this title. The provisions of this title shall apply to both public and private use of all land within the corporate limits of the city of Burlington.
B. No use shall be conducted, and no development, building, structure, or appurtenance shall be initiated, erected, relocated, remodeled, reconstructed, altered, or enlarged unless in compliance with the provisions of this title and with the comprehensive plan, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure, or to use premises in the city, for any purpose or use other than the uses listed as being permitted in the district in which such building, land, or premises is located.
C. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. It is not intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this title imposes a greater restriction upon the use of land and/or building or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern.
D. No division of land pursuant to BMC Title 16 shall occur unless in compliance with the provisions of this title.
E. This title is not intended to regulate the erection, construction, or reconstruction of public streets, power poles, streetlights, utility lift stations, transmission lines, or other public uses within an existing improved, and maintained, city right-of-way necessary to support the general public welfare and conducted, or carried out, by the city of Burlington, or agents of the city working under a contract or franchise. Private utilities and infrastructure improvements, and public utilities located outside an improved public right-of-way, shall be subject to this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.030 Purpose.
The provisions of this chapter shall be liberally construed to accomplish the following purposes:
A. This title is intended to address the requirements of chapter 36.70A RCW, the Growth Management Act, and shall be used to implement and enforce the provisions of city’s comprehensive plan. This title is also intended to protect the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city’s population.
B. The specific zones and regulations herein are designed to facilitate adequate provisions of utilities, schools, parks and housing with essential light, air, privacy, and open space; to lessen congestion on streets and facilitate the safe movement of traffic thereon; to stabilize and enhance property values; to prevent the overcrowding of land; to facilitate adequate provisions for doing public and private business and thereby safeguard the community’s economic structure upon which the prosperity and welfare of all depends and through such achievements help ensure the safety and security of home life, foster good citizenship, create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.
C. To most effectively accomplish these purposes, this title divides the city into zones wherein the location, height and use of buildings, the use of land, the size of yards and other open space, and the provision of off-street parking and loading are regulated and restricted in accordance with the comprehensive plan for the city of Burlington. These zones and regulations are hereby deemed necessary and are made with reasonable consideration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the city. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.040 Authority.
This title is created pursuant to the authority set forth in chapters 35A.63, 36.70A, and 36.70B RCW and other applicable laws and regulations. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.050 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. The word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision; the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.”
“A”
“Abandoned sign” means a sign structure that has ceased to be used, and the owner or lessor of the sign structure intends no longer to use the sign structure for the display of sign copy, or as otherwise defined by state law. It shall be a rebuttable presumption that a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found, is an abandoned sign.
“Accessory building” or “accessory structure” means a subordinate building or structure, the use of which is incidental to the use of the main, or primary, building on the same lot.
“Accessory use” means a use incidental and subordinate to a principal use and located on the same lot or in the same building as the principal use.
“Adult motion picture theater” means a place of public assembly in which, in an enclosed building, motion picture films, video cassettes, cable television, or any other such visual media, are presented which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities,” as defined herein.
“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
“Alteration” means a change, rearrangement, expansion, or modification of an existing building, structure, use, development, or facility. Alterations also include moving buildings, structures, and uses from one location to another. In buildings used for business, commercial, industrial or other similar purposes the installation or rearrangement of interior partitions affecting more than one-third of a single floor area shall be considered an alteration.
“Animated sign” means a sign employing actual motion or the illusion of motion. Note that animation is prohibited by BMC 17.95.135(B)(2), except for temporary signs in BMC 17.95.125. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:
1. “Electrically activated” means animated signs producing the illusion of movement by means of electronic, electrical, or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
a. Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this chapter, “flashing” will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
b. Patterned Illusionary Movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
2. “Environmentally active” means animated signs or devices motivated by wind, thermal changes or other natural environmental input, including spinners, pinwheels, pennant strings, and/or other devices or displays that respond directly to naturally occurring external motivation. Time or temperature displays shall not be construed as a direct response to the natural environment.
3. “Mechanically activated” means animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
1. “Omnidirectional antenna” (also known as a “whip antenna”) transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this title, an omnidirectional antenna is up to 15 feet in height and up to four inches in diameter.
2. “Directional antenna” (also known as a “panel antenna”) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
3. “Parabolic antenna” (also known as a “dish antenna”) is a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.
“Area of sign,” “surface area of sign,” or “sign area” means the area of a sign excluding sign support structures, which do not form part of the sign proper or the display. Surface area shall be measured as follows:
1. The surface area of the sign is determined by the height times the width of a typical rectangular sign or other appropriate mathematical computation of surface area for nonrectangular signs.
2. Surface area includes only one face of a double-faced sign where the faces of the sign are parallel. If any face is offset from parallel by more than five degrees, such face shall be counted as a separate surface area.
3. Surface area of a sign with more than two faces, such as a cube or pyramid, shall be calculated as the sum of the surface area of all faces, divided by two.
4. In the event of an irregular, three-dimensional object that serves as signage, where the surface area is not readily measurable, the surface area shall be calculated by the largest area of the three-dimensional object visible from any one viewing angle.
Figure 1. Sign Surface Area Calculation
“Attached wireless communication facility” means a wireless communication facility that is affixed to an existing structure and is not considered a component of the attached wireless communication facility.
“Automobile wrecking yard” means a salvage and recycling business establishment in which vehicles are dismantled or junked, or where one or more vehicles not in operable condition or used parts of motor vehicles are stored in an area outside an enclosed structure.
“Automotive parts and accessories sales” means an automotive retail sales and service use in which goods are rented or sold primarily for use in motorized vehicles, but excluding gas stations.
“Automotive retail sales and service” means a retail sales and service use in which goods are rented or sold primarily for use in motorized vehicles, but excluding gas stations.
“Awning” means a roof-like cover that projects from the wall of a building for the purpose of shielding a door or window from the elements.
Figure 2. Awning
“Awning sign” means any sign erected upon, or against, an awning.
“B”
“Banner” means a flexible substrate on which copy or graphics may be displayed, including blade banners.
“Banner sign” means a sign utilizing a banner as its display surface.
“Bed and breakfast” means a single-family dwelling where up to two rooms or lodging units are let as temporary accommodations for travelers or guests by the owner or occupant of the single-family dwelling. Bed and breakfast establishments may provide limited food service to guests.
“Billboard” means an outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located, and which is customarily leased for commercial purposes, but not including attached directional signs (not within the billboard face) as defined herein. Billboards are regulated in BMC 17.95.130(A).
“Boarding house” or “rooming house” means a dwelling unit, other than a hotel, where meals and/or lodging are provided for compensation. This term does not include buildings meeting the definition of a hotel, bed and breakfast, or multifamily dwelling. Boarding houses are differentiated from hotels and bed breakfasts by providing accommodations for periods of 30 days or more.
“Building” means a structure as defined in this chapter. When separated by division walls without openings each portion so separated shall be considered a separate building.
“Building area” means the total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members or from a point 18 inches in from the outside edge of a cantilevered roof.
“Building height” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure.
“Building-mounted sign” means a single- or multiple-faced sign of a permanent nature, made of rigid material, attached to the facade of a building or the face of a marquee.
Figure 3. Building-Mounted (Wall) Sign
“C”
“Canopy” means a multi-sided overhead structure or architectural projection that provides protection from the elements to persons or property. The surface(s) or soffit may be illuminated by means of internal or external sources of light. This includes marquees.
“Canopy-mounted sign” means any sign or awning erected upon or against a canopy, including marquee-mounted signs.
“Caretaker apartment” or “caretaker dwelling” mean an apartment or dwelling unit associated with, and subordinate to, a primary permitted use or development and used to provide housing for a person(s) employed to care for, or operate, the primary permitted use or development.
“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 has 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.
“Changeable sign” means a sign with the capability of content change by means of manual or remote input without reworking, repainting, or otherwise altering the physical composition of the sign, including signs which are:
1. Electrically Activated. A changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also “electronic message sign or center.”
2. Manually Activated. A changeable sign whose message copy or content can be changed manually.
“Co-location exists” means that more than one wireless communications provider mounts equipment on a single support structure (i.e., building, monopole, lattice tower).
“Commercial child day care center” means a building, or a portion of a building, used to provide early childhood education and learning services as defined in RCW 43.215.010.
“Commission” shall mean the planning commission of the city.
“Community development director” means the city administrator or designee.
“Conditional use” means a use or development which may, through a discretionary approval process, be conditionally permitted in one or more zones. Conditional uses are those uses and developments which are either identified as conditional in a particular zone, or which are not listed as permitted or conditional in any zone. Conditional uses generally have the following characteristics:
1. The impacts associated with the use or development are difficult to predict or ascertain due to variabilities in the size, scale, and design of the use or development, or because the activities associated with, or the technological processes employed by, the use or development are untested, experimental, unproven, or poorly documented;
2. The exact location of the use or development may determine its impact on, and compatibility with, surroundings uses, public streets, improvements and facilities;
3. The use or development requires a high level of analysis to determine if it will be, or can be made to be, consistent with applicable comprehensive plan goals and policies, abutting and adjacent uses, and the character of the surrounding neighborhood;
4. The use or development requires detailed and specific conditions of approval in order to be compatible with surrounding uses, public streets, improvements, and facilities;
5. The use or development is not substantially similar in form, function, size, scale, or impact to another use listed as permitted in one or more zones.
“Corner lot” means a lot at the junction of, and fronting on, two or more intersecting streets. A corner lot has a front lot line and a street side lot line.
“Council” or “city council” shall mean the city council of the city of Burlington.
“Coverage,” “lot coverage,” or “building coverage” means the area of a lot which is covered by a roofed structure.
“D”
“Density” means the ratio of dwelling units to lot area.
“Detached building” means a building surrounded on all sides by open space.
“Developed land area” means those parts of a lot, site, or area of land that have been extensively improved for an existing land use including building coverage, parking and loading areas, service yards, impervious surfaces, and landscaped areas.
“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; land division, boundary line adjustments, lot segregations, subdivision 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.
“Development complex sign” means a free-standing sign identifying a multiple-tenant development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord.
“Development right” means one residential unit of credit. This is calculated for unincorporated Skagit County in the agriculture natural resource land zoning district (AgNRL) at the rate of one residential unit per 40 acres of farmland, or at the rate of one residential unit per county certified lot of record for development. The farmland legacy program will accumulate Burlington heritage credits until a willing seller is identified and there is enough funding to acquire one or more development rights from agricultural resource land in the area specified on Map Exhibit A, attached to the ordinance codified in this chapter.
“Directional sign” means any sign that is limited to the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. Directional signs typically indicate entrances, exits, one-way circulation, drive-up windows, or provide similar types of information.
“Director” means the community development director or designee.
“District” or “zone” means a zoning district as described in chapter 17.05 BMC or as shown on the city’s adopted zoning map.
“Double-faced sign” means a sign with two faces, back to back.
“Driveway” means an area improved with an all-weather driving surface providing vehicle access to a single dwelling unit from a public or private street in accordance with applicable city standards and requirements. This term does not include public or private streets.
“Duplex” means a building containing two dwelling units. See “two-family dwelling.”
“Dwelling unit” means a building, or a portion of a building, providing complete housekeeping facilities for one family or housekeeping unit.
“E”
“Eating and drinking establishment” means a retail sales and service use in which food and/or beverages are prepared and sold at retail for immediate consumption.
“Electric sign” means any sign activated or illuminated by means of electrical energy.
“Electronic message sign or center” means an electrically activated changeable sign whose variable message capability can be electronically programmed. The electronic sign includes text and/or graphic messages that may change every few seconds. Advertising messages may contain words, phrases, sentences, symbols, trademarks and logos. See BMC 17.95.120 for requirements regarding electronic signs.
“Essential public facility (EPF)” means any public facility or facilities owned or operated by a unit of local or state government, public or private utility, transportation company, or any other entity that provides a public service as its primary mission, and is difficult to site. EPFs include those facilities listed in RCW 36.70A.200.
“Exterior lot” means a lot which directly abuts or adjoins at least one public or private street.
“Exterior sign” means any sign placed outside a building.
“F”
“Facade” means the exterior wall face of a building, extending from the ground to the top of the parapet or eaves, but not including any portion of the roof. Each side of a building (i.e., each architectural elevation) is considered one facade (see Figure 4). For buildings with more than one occupant, the facade for each occupant shall be that portion of the exterior wall face between the points where the interior walls between tenants intersect with the exterior wall.
Figure 4. Facade
“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 in this chapter.
Secure community transition facilities, as defined in chapter 71.09 RCW, are not included in the definition of “family.”
“Family day care home” means a residential dwelling used by a family day care provider to provide day care services in accordance with the provisions of RCW 36.70A.450 and 43.215.010.
“Family day care provider” means a child care provider who regularly provides early childhood education and early learning services for not more than 12 children in the provider’s home in the family living quarters.
Flashing Sign. See “animated sign, electrically activated.”
“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet, six inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet, six inches, exterior steps or stairs, terraces, breezeways and open spaces.
“Foster family home” means a dwelling unit used as a foster family home as defined in WAC 388-25-010 and chapter 74.13 RCW.
“Freestanding sign” means a sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. Freestanding signs include those signs otherwise known as pedestal signs, pole signs, pylon signs, and monument signs.
Figure 5. Freestanding Sign
“Frontage (building)” means the length of an exterior building wall or structure of a single premises oriented to the public way or other properties that it faces as determined by the community development director or designee.
“G”
“Gas station” means an automotive retail sales and service use in which fuel for motorized vehicles is sold, and in which accessory uses including, but not limited to, towing by no more than two tow trucks, minor automobile repair, or rental of vehicles under 10,000 pound gross vehicle weight may also be provided. Facilities for washing no more than one car at a time or for the collection of used motor oil shall also be considered accessory to a gas station.
“Guest cottage” or “guest house” means a detached accessory building secondary and subordinate to a dwelling unit used by the family occupying the dwelling unit for the purpose of housing members of the family or guests. A guest cottage does not contain a kitchen or cooking facilities and is not used as a separate dwelling unit. This term does not include accessory dwelling units as defined in this chapter which may contain kitchens or cooking facilities and which may be used as separate dwelling units.
“Guyed tower” means a wireless communication support structure which is usually over 100 feet tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are often constructed in rural areas and are used to support antennas and related equipment.
“H”
“Health care facility,” “medical service” or “outpatient clinic” means a building, or a portion of a building, containing offices for providing medical, dental, immediate care clinics, or psychiatric services not involving overnight housing of patients. This term does not include hospitals or nursing homes as defined in this chapter.
“Height of sign” or “sign height” means the vertical distance from the adjacent ground level to the highest point of a sign or, in the case of freestanding signs, to any vertical projection thereof including its supporting columns.
“Holographic display” means any display that creates a three-dimensional image through projection.
“Home occupation” means an occupation or profession which is customarily incidental to or carried on in a dwelling unit and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place.
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included.
“Hotel” means a building, or a portion of a building, designed or used to provide transient accommodations and consisting of three or more lodging units. An eating and drinking establishment and accessory shops and services catering to the general public may be provided as accessory uses. This definition does not include institutions housing persons under legal restraint or requiring medical attention or care.
“Housekeeping unit” means one household where all the members have common access to and common use of all living, kitchen, and eating areas within the dwelling unit, and household activities and responsibilities such as meals, chores, expenses, and maintenance of the premises are shared or carried out according to a household plan or other customary method. If the dwelling unit is rented, the household members must jointly occupy the unit under a single lease in order to be considered a housekeeping unit. This term does not include boarding or rooming houses as defined in this chapter where rooms within a dwelling unit are rented or leased to individuals under separate leases.
“I”
“Illegal sign” means a sign that does not meet the requirements of this chapter and has not received legal nonconforming status.
“Illuminated sign” means a sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
“Impervious surface” means a hard surface which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops and eaves, walkways, patios, decks (both covered and open slat construction shall both be considered impervious), driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, rockeries and oiled macadam or other surfaces which similarly impede the natural infiltration of surface and storm water runoff. Open, uncovered storm water retention and detention facilities shall not be considered impervious surfaces for purposes of this definition. For purposes of calculating impervious surface coverage and demonstrating compliance with this title, the following impervious surfaces shall be included at a ratio of 50 percent:
1. “Permeable paving” means pervious concrete, porous asphalt, permeable pavers, grass grid, or other forms of pervious or porous paving material intended to allow the passage of water through the pavement section. Permeable paving often includes an aggregate base that provides structural support and acts as a storm water reservoir.
2. “Open slatted decking” means a deck surface constructed of boards with intermittent gaps that allow water to pass through to the surface below. Only open, uncovered decks installed over a permeable surface shall be included in impervious surface calculations at a 50 percent ratio. Covered decks, or decks installed over an impermeable surface, shall be considered an impervious surface and included in all coverage calculations accordingly.
3. “Green roof” or “vegetated roof” means a roof, or a portion of a roof, consisting of waterproofing material, growing medium or soil, and vegetation used in place of or over the top of a conventional roof. Green roofs provide storm water management by capturing, filtering, and evaporating rainfall.
“Informational sign” means a single- or double-faced sign intended primarily for the safety and convenience of the public or to ensure the orderly operation of the site, including but not limited to signs designating restrooms, address numbers, hours of operation, business directories, help wanted, public telephones, and instructions regarding parking.
“Inoperable vehicle” means a car, truck or van that cannot be started and moved under its own power. A vehicle that is not currently licensed, including a recreational vehicle or trailer, that is designed for travel on the public roads, is also considered an inoperable vehicle.
“Interior lot” means a lot which has no street frontage and which can only be accessed through a driveway or shared driveway.
“Interior sign” means any sign placed within a building, but not including window signs as defined by this chapter. Interior signs, with the exception of window signs as defined, are not regulated by this chapter.
“J”
“Junk storage” means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include, but not be limited to, the storage of used lumber, scrap, metal, tires, household garbage, furniture, and inoperable machinery, and as further defined in the current edition of the International Fire Code. See also chapter 8.12 BMC, Nuisances.
“Junk yard” means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.
“K”
“Kennel” means a facility, structure, property, or development where more than four dogs and/or one litter of unweaned pups are kept.
“L”
“Land use” means the type of use activity occurring on a land parcel or within a building situated upon a land parcel.
“Land use permit” means a document issued by the city which documents or authorizes a particular use or development. A land use permit formally documents the city’s land use decision and may establish, or document, the conditions and restrictions applicable to the use or development.
“Lattice tower” means a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.
“Lodging unit” means a room or a group of interconnected rooms, intended for sleeping, that is rented on a short-term basis to guest(s) to provide transient accommodation and is individually designated by number, letter, or other means of identification. Lodging units may contain cooking facilities; however, this definition does not include long-term, nontransient accommodations such as multifamily dwellings and boarding houses.
“Lot” means a single tract of land, no matter how legally described, whether by metes and bounds and/or by lot or lots and block designation as in a recorded plat, that at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured. This definition includes only those lots, tracts, parcels, and sites which were created in compliance with the zoning and platting regulations in effect at the time of their establishment, or which are subsequently recognized by the city as separate lots consistent with applicable municipal code requirements and Washington State law.
“Lot area” means the area of a lot contained within the lot lines. Lot area includes areas within easements, submerged lands, and wetland areas. For purposes of determining compliance with this title the city may require that lot area(s) be calculated by a licensed land surveyor.
“Lot depth” means the mean dimension of the lot from the front lot line to the rear lot line.
“Lot line” means a line or boundary which separates a lot, tract, parcel, or site from another lot, tract, parcel or site, or from an adjoining public street or right-of-way. For purposes of compliance with this title the city may require that the location of lot lines be determined by a licensed land surveyor.
1. “Front lot line” means the lot line parallel to and abutting a public or private street. For interior lots, or lots with more than one street frontage, the front lot line shall be side which provides the primary means of access to the lot. If a lot has frontage on a street and an alley, the property line adjoining the alley shall not be considered a front lot line regardless of the point of access.
2. “Rear lot line” means the lot line which is opposite from and generally parallel to the front property line.
3. “Side lot line” means any lot line other than the front line or rear lot line. Generally a side property line is perpendicular to and connects the front and rear property lines.
4. “Street side lot line” means a lot line, other than a front lot line, which adjoins a public or private street.
“Lot width” means the dimension across the lot between the side lot lines at the front setback line.
“Low impact development” or “LID” means a storm water and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed storm water management practices that are integrated into a project design. Low impact development features, practices, and techniques include bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated or green roofs, minimum excavation foundations, and water reuse.
“M”
“Macro facility” means an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate as viewed from any one point.
“Manufactured home” means a single-family dwelling unit 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” means an area of land occupied or designed for the occupancy of two or more manufactured homes.
“Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.
“Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
“Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell usable marijuana and marijuana-infused products in a retail outlet.
“Mean depth” of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot.
“Medical service” means a retail sales and service use in which health care for humans is provided on an outpatient basis including, but not limited to, offices for doctors, dentists, chiropractors, and other health care practitioners.
“Mini commercial child day care center” or “mini commercial day care” means a commercial child day care center that provides services to not more than 12 children at any one time.
“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.
“Monopole I” is a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet.
“Monopole II” is a wireless communication facility which consists of a wireless communications support structure greater than 60 feet in height erected to support wireless communication antennas and connecting appurtenances.
“Monument sign” means a ground-mounted, fixed sign. The base (not included in the sign surface area calculation) is attached to the ground as a wide base of solid construction.
Figure 6. Monument Sign
“Multifamily dwelling” means a building containing three or more dwelling units.
“Multiple-tenant development” means a group of structures housing at least one retail business, office, commercial venture, or independent or separate part of a business or a single structure containing more than one business with separating walls and at least one outside access for each business which shares a common lot, access, and/or parking facility.
“N”
“Noncommercial public service sign” means a noncommercial sign devoted to religious, charitable, cultural, governmental, or educational messages including, but not limited to, the advertising of events sponsored by a governmental agency, a school, church, civic or fraternal organization or other organizations.
“Nonconforming lot” means a lot which was legally established but which does not conform to current zoning or development regulations including any applicable standards for width, depth, or area. For purposes of interpreting this definition, “legally established” means the lot was created in compliance with the zoning and platting regulations, if any, in effect at the time the lot was created. A lot may also be considered a legal nonconforming lot if it is subsequently recognized by the city as a separate lot consistent with applicable municipal code requirements and Washington State law.
“Nonconforming structure” means a structure which was lawfully established but which does not conform to current zoning or development regulations. A structure shall be considered lawfully established if it conformed to the applicable zoning and development regulations in effect at the time it was built or established. This includes the requirement to obtain city approvals or permits. A structure shall also be considered lawfully established if a permit for the structure has been granted and has not expired. Subsequent expansions or modifications of a legally established structure shall conform to all applicable zoning and development regulations in effect at the time of the modification or expansion. Specific regulations governing nonconforming structures can be found in chapter 17.100 BMC.
“Nonconforming use” means the use of land or a structure for a purpose which was lawful at the time the use was established or initiated but which does not now conform to currently applicable zoning or development regulations. A use shall be considered lawfully established if it was consistent with all of the applicable zoning and development regulations in effect at the time it was established or initiated. This includes the requirement to obtain city approvals or permits. A use shall also be considered lawfully established if a permit authorizing the use has been granted and has not expired. Subsequent expansions or modifications of a legally established use shall conform to all applicable zoning and development regulations in effect at the time of the modification or expansion. Specific regulations governing nonconforming uses can be found in chapter 17.100 BMC.
“Nursing home” or “convalescent home” means a facility licensed by the state of Washington providing 24-hour supervised nursing care, personal care, therapy, nutrition management, organized activities, social services, room, board, and laundry for persons requiring regular medical attention by reason of chronic illness or infirmity, but excluding surgical or emergency medical services. This definition excludes hospitals, multifamily dwellings, boarding houses, and hotels as defined in this chapter.
“O”
“Off-premises sign” means a sign which displays a message relating to a use of property or sale of goods or services at a location other than that on which the sign is located.
“Office” means a commercial use which provides administrative, contractors, professional or customer services to individuals, businesses, institutions and/or government agencies in an office setting.
1. “Administrative office” means an office use in which services are provided to customers primarily by phone or mail, by going to the customer’s home or place of business, or on the premises by appointment; or in which customers are limited to holders of business licenses. Examples of services provided include, but are not limited to, general contracting, janitorial and housecleaning, legal, architectural, data processing, broadcasting companies, administrative offices or businesses, unions or charitable organizations, and wholesalers and manufacturer’s representatives’ office. Administrative offices may include accessory storage, but not the storage of building materials, contractor’s equipment or items, other than samples, for wholesale sale.
2. “Customer service office” means an office use in which on-site customer services are provided in a manner which encourages walk-in clientele and in which generally an appointment is not needed to conduct business. Examples include branch banks, travel agencies, airline ticket offices, brokerage firms, real estate offices, and government agencies which provide direct services to clients.
“On-premises sign” means a sign which displays a message which is directly related to the use of the property on which it is located.
“Outdoor vending machine” shall mean a mechanical device located on the outside of a building that provides a product or service to the public for compensation, including but not limited to drink dispensers, food dispensers, movie rental or other product vending machines. The definition shall also include freestanding automated teller machines that are not on the same property as the financial institution. For purposes of this chapter, news boxes, pay phones, youth amusement rides, and bottled soda, juice or water machines shall not be deemed to be outdoor vending machines.
“P”
“Parking space” means a space used to temporarily park a motor vehicle and having access to a public street or alley.
“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specific district and subject to the limitations of the regulations of such use district.
“Personal and household retail sales and service” means a retail sales and service use in which goods are rented or sold or services are provided primarily for household and personal use, rather than for business establishments, institutions, or governmental agencies, but excluding uses in which primarily building materials and/or heating fuel are sold. Examples of personal and household retail sales are bookstores, furniture stores, and grocery stores. Examples of personal and household services are shoe repair, hair-cutting salons, and dry cleaning.
1. “General personal and household retail sales and service” means a personal and household retail sales and service use which is not a multipurpose convenience store, major durables sales and service or a specialty food store.
2. “Major durables sales, service, and rental” means a personal and household retail sales and service use in which large household items such as, but not limited to, furniture or appliances, are rented or sold.
3. “Multipurpose convenience store” means a personal and household retail sales and service use in which a wide range of items frequently purchased for household use are rented or sold. Examples of multipurpose convenience stores include, but are not limited to, grocery, hardware, drug, and variety stores.
4. “Specialty food store” means a personal and household retail sales and service use in which food such as salads, deli meats, desserts, baked goods, whole pizzas, and other ready-to-eat foods are prepared and sold, generally for consumption on other premises. Specialty packaged foods, and/or bulk items such as cheese, and aged foods may also be sold, and the square footage of any area used for seating for the immediate consumption of food shall be no more than 300 square feet. If more than 300 square feet are devoted to seating space, the entire use shall be considered an eating and drinking establishment rather than a specialty food store.
“Portable sign” means a movable sign that is not permanently attached to a structure or the ground. Portable signs include A-frame signs and signs mounted on a portable base, but not portable readerboards.
“Primary use (or principal use)” means the use for which a lot, structure or building, or the major portion thereof is designed or actually employed.
“Professional office” means a small scale office used as a place of business by licensed professionals, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on-site sale or transfer of commodity. This term includes office space for lawyers, accountants, engineers, architects, consultants, and other similar professions.
“Projecting sign” means a building mounted sign which projects past the face of a building for the purpose of displaying the sign content in a direction other than parallel to the building facade.
“Public hearing” means a duly advertised public meeting called by the hearing examiner, council, or commission of the city for the purpose of taking formal public comment, both in favor and opposition to a proposed action.
“R”
“Readerboard” means a sign or part of a sign on which the letters are replaceable by manual means, such as changing magnetic letters on a sign board.
“Receiving site” means the site in the recipient zoning district that will receive the increased density by purchasing Burlington heritage credits at a set fee or transferring development rights from the sending site. Receiving sites in the city of Burlington are further described in the MR-NB, B-1, C-1 and R-3 zoning districts.
“Recreational vehicle” or “RV” means a structure or vehicle containing living space intended to provide short-term accommodations for recreational purposes and licensed for use on public roads, designed to be licensed for use on public roads, or capable of being licensed for use on public roads. This term includes trailers, campers, motor homes, park models, and other similar vehicles but does not include manufactured homes as defined in this chapter. A recreational vehicle shall not be considered a dwelling unit and shall not be used as a permanent place of habitation.
“Related equipment” is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
“Retail sales and service” means a commercial use in which goods are rented or sold at retail to the general public for direct consumption and not for resale, or in which services are provided to individuals and/or households. Merchandise may be bought as well as sold and may be processed as long as the items processed are sold on the premises, and production is incidental or subordinate to the selling, rental or repair of goods. See the following definitions: “personal and household retail sales and service,” “medical services,” “automotive retail sales and service,” and “eating and drinking establishments.”
“Rezone” means an amendment to the official land use map to change the zone classification of an area.
“Roof sign” means a sign or sign structure erected above a roof, parapet, canopy, or porte cochere of a building or structure.
“S”
“Sales and rental of motorized vehicles” means an automotive retail sales and service use in which motorized vehicles, such as cars, trucks, buses, recreational vehicles or motorcycles, or related nonmotorized vehicles, such as trailers, are rented or sold.
“School” means an institution of learning, whether public or private, which offers instruction in those courses of study required by the Washington Education Code or which is maintained pursuant to standards required by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, and also includes higher education institutions and vocational schools, but does include health and fitness clubs or facilities that solely provide artistic or musical instruction.
“Secure community transition facilities (SCTF)” means, under RCW 71.09.020, a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facility established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the Washington State Secretary of Social and Health Services or under contract with the Secretary.
“Sending site” means the site that is to be preserved as agricultural resource land by selling or transferring its residential development rights to the Skagit farmland legacy program or other entity approved by the Skagit farmland legacy program. Sending sites shall be maintained permanently as agricultural lands and no structures may be built on the land. Sending sites may not be in public ownership. If the sending site consists of more than one tax lot, the lots must be contiguous. For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street was removed. See Map Exhibit A, attached to the ordinance codified in this chapter, for land generally eligible as sending sites for the purpose of this chapter.
“Service yard” or “storage yard” means an accessory yard or outdoor area used to store equipment, vehicles, materials, or used for outdoor fabrication or processing of materials.
“Setback” means the space or distance required between a lot line and a building, structure, or development. Required setback areas are intended to remain free of buildings and structures and open to the sky as specified in this title. Setbacks may also be required between different and incompatible uses.
1. “Front setback” means an open unoccupied space parallel and adjacent to the front property line and extending from one side property line to the opposite side property line. No building or structure shall be placed within or extend into a required front setback unless explicitly authorized by this title.
2. “Rear setback” means an open, unoccupied space parallel and adjacent to the rear property line and extending from one side property line to the opposite side property line. No building or structure shall be placed within or extend into a required rear setback except as explicitly authorized by this title.
3. “Side setback” means an open unoccupied space parallel and adjacent to a side property line and extending from the front property line to the rear property line. Buildings and structures shall not be placed within or extend into a required side setback except as explicitly authorized by this title.
4. “Street setback” means an open unoccupied space parallel and adjacent to a public or private street and extending from one side property line to the opposite side property line. No building or structure shall be placed within or extend into a required street setback unless explicitly authorized by this title. This definition does not include the front setback area as defined in this title and is intended to be applied to property lines which adjoin or abut streets when a lot has more than one street frontage.
“Shared driveway” means an area improved with an all-weather driving surface providing vehicle access to two to four dwelling units from a public or private street in accordance with applicable city standards and requirements. This term does not include public or private streets.
“Sign” means all surfaces/structures (permitted, exempt, or prohibited) regulated by this chapter that have letters, figures, designs, symbols, trademarks or devices intended to attract attention to any activity, service, place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever.
“Sign, off-premises” means a sign which displays a message relating to a use of property or sale of goods or services at a location other than that on which the sign is located.
“Sign, on-premises” means a sign which displays a message which is directly related to the use of the property on which it is located.
“Single-faced sign” means a sign with only one face, displaying content on only one side and in only one direction.
“Single-family dwelling” means a detached building used as a single dwelling unit. This definition does not include “accessory dwelling unit” as defined in this chapter.
“Site area” means the total horizontal area within the property lines excluding external streets.
“Small lot development” or “residential small lot” means a subdivision or short subdivision process that allows lots to be created that are smaller than would be allowed under the normally applicable zoning requirements. Small lot development, construction on lots created through the small lot development process, and boundary line adjustments of lots created through the small lot development process are subject to the standards set forth in BMC 17.15.110.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
“Story” means the part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building.
“Street” means a public or private thoroughfare which is consistent with the classification scheme identified in chapter 12.28 BMC and which affords the principal means of access to abutting properties, dwelling units, or commercial premises. This term does not include “driveway” or “shared driveway” as defined in this chapter.
“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences, retaining walls less than three feet in height, rockeries and similar improvements of a minor character.
“T”
“Telecommunication micro facility” means an attached wireless communication facility which consists of antennas equal to or less than four feet in height (except omnidirectional antennas which may be up to six feet in height) and with an area of not 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. The permitted antenna height includes the wireless communication facility support structure.
“Telecommunication mini facility” means an attached wireless communication facility which consists of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area of not more than 50 square feet in the aggregate as viewed from any one point.
“Topless club” means a public or private club employing persons exposing “specified anatomical areas” as defined herein.
“Towing service” means an automotive retail sales and service use in which more than two tow trucks are employed in the hauling of motorized vehicles, and where vehicles may be impounded, stored or sold, but not disassembled or junked.
“Tract” means a lot, usually several acres in area.
“Traffic control devices” means signs, signals, directional symbols, and similar devices specifically intended to direct traffic to, from, and within a site.
“Trailer park” means a facility designed to accommodate recreational vehicles or trailers no longer than 40 feet and capable of being pulled with a one-ton truck. Units shall at all times be prepared for evacuation in event of a flood warning. This term does not include manufactured home parks.
“Transient accommodations” means the provision of lodging units, room, board, or sleeping space to guests on a short-term basis for periods of less than 30 days. This tam does not include multifamily dwellings or boarding houses as defined in this chapter.
“Transmission tower” is a freestanding structure, other than a building, on which communication devices are mounted. Transmission towers may serve either as a major or minor communication facility. Examples include, but are not limited to:
1. Monopoles;
2. Lattice towers;
3. Guyed towers.
“Two-family dwelling” or “duplex” means a building containing two dwelling units.
“V”
“Variance” means relief from certain provisions of this title as authorized by the hearing examiner after determining that the criteria established for the granting of variances have been satisfied.
“Vehicle repair, major” means an automotive retail sales and service use in which one or more of the following activities are carried out:
1. Reconditioning of any type of motorized vehicle including any repairs made to vehicles over 10,000 pounds gross vehicle weight;
2. Collision services, including body, frame, or fender straightening or repair;
3. Overall painting of vehicles in a paint shop;
4. Dismantling of motorized vehicles in an enclosed structure.
“Vehicle repair, minor” means an automotive retail sales and service use in which general motor repair work is done as well as the replacement of new or reconditioned parts in motorized vehicles of 10,000 pounds or less gross vehicle weight, but not including any operation included in the definition of “major vehicle repair.”
“W”
“Walking advertisers” means persons carrying or wearing portable advertising signs or costumes designed to advertise a business, event, sale or season/holiday with a permit describing location, supervision and public safety.
“Wireless communication facility” is an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omnidirectional, panel/directional or parabolic) and related equipment.
“Wireless communication support structure” is the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.
“Y”
Yard. See “setback.”
“Z”
“Zone” or “zoning district” means a zoning district as described in chapter 17.05 BMC or as shown on the city’s adopted zoning map. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.060 Land use permit required.
A land use permit issued pursuant to BMC Title 14A shall be required to establish or change use as provided by this title. Compliance with the procedural requirements set forth in BMC Title 14A shall be required. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.070 Condition of ministerial errors.
The director may at any time amend an administrative decision to correct ministerial errors clearly identifiable from the public record. Such a correction does not affect any time limit provided for in this chapter. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.080 Administrative interpretations.
A. The director shall be authorized to interpret the meaning of words, phrases and sentences which relate to the determining of uses permitted in the various districts, approval or disapproval of development plans, or other related zoning actions.
B. The director may permit a use in a zone that is not listed as permitted or conditional in the zone, if the director determines the use is consistent with the intent of the zone, the applicable goals and policies of the comprehensive plan, and has similar characteristics and impacts to the other uses listed as permitted or conditional in the zone; provided, that the use is not prohibited or listed as permitted or conditional in another zone.
C. An administrative interpretation may be appealed using the process set forth in BMC Title 14A.
D. Should a conflict occur between the provisions of this title or between this title and the laws, regulations, codes or rules promulgated by another authority having jurisdiction within the city, the most restrictive requirement shall be applied, except when constrained by federal or state law, or where specifically provided otherwise in this code.
E. In all cases this title shall be interpreted and applied in a manner which is consistent with, and best implements the comprehensive plan. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.090 Zoning for annexed land.
At the time of any parcel of land being annexed to the city, the property shall be zoned consistent with the Burlington zoning districts and the comprehensive plan amended if necessary. Application for the rezone and necessary amendment may be done simultaneously with the request for annexation. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.100 Relationship to other titles, chapters and codes.
The administrative provisions of BMC Title 14A shall apply to requests for project permits under this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.110 Violation and penalties.
A. 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 enforcement 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.
B. It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the city without first obtaining the permits or authorization required for the use by this title.
C. It is a violation of this title for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
D. It is a violation of this title to remove or deface any sign, notice, complaint or order required by or posted in accordance with BMC Title 15 or this title.
E. It is a violation of this title to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
F. It is a violation of this title for anyone to fail to comply with the requirements of this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.115 Duty to enforce.
A. It shall be the duty of the director to enforce this title. The director may call upon the police, fire, health or other appropriate city departments to assist in enforcement.
B. Upon presentation of proper credentials, the director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued warrant, enter any building or premises subject to the consent or warrant to perform the duties imposed by the zoning code.
C. This title shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this code.
E. No provision of or term used in this code is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.120 Appeal.
Appeals of decisions made pursuant to this title shall be subject to the procedures and regulations set forth in BMC Title 14A. (Ord. 1857 § 2 (Exh. B), 2018).
17.01.125 Severability.
If my 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. 1857 § 2 (Exh. B), 2018).