Chapter 17.05
DISTRICT ESTABLISHMENT, MAPS AND BOUNDARIES
Sections:
17.05.050 Districts established.
17.05.060 District boundaries – Established.
17.05.070 District boundaries – Shown on zoning map.
17.05.080 District boundaries – Rules for interpretation.
17.05.090 Conformity with district regulations required.
17.05.100 Adoption of special planning areas map.
17.05.010 Title.
This chapter shall be called “District Establishment, Maps and Boundaries.” (Ord. 1857 § 2 (Exh. B), 2018).
17.05.020 Application.
This chapter shall apply to all zoning in the city and all zoning actions as specified in this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.030 Purpose.
This chapter sets forth the zoning classifications for the city and general provisions applicable to such classifications. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.040 Authority.
This chapter is created pursuant to the authority set forth in BMC 17.01.040, chapters 35A.63, 36.70A, and 36.70B RCW and other applicable laws. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.050 Districts established.
The city is divided into a number of zoning districts in order to implement the city’s comprehensive plan and to classify, segregate, and regulate the uses of land, buildings, and structures. Each zoning district, and its corresponding comprehensive plan designation, is shown below.
|
Comprehensive Plan Designation |
Zoning Designation |
|---|---|
|
SF-D (Single-Family and Duplex) |
R-1-6.0 R-1-7.6 R-1-8.4 R-1-9.6 R-2 |
|
M-F (Multifamily Residential) |
R-3 |
|
OSPA (Open Space, Parks, and Agriculture) |
OSP |
|
C-B (Commercial Business) |
B-1 C-1 MR-NB R-S |
|
HC-I (Heavy Commercial and Industrial) |
C-2 M-1 BP |
(Ord. 1857 § 2 (Exh. B), 2018).
17.05.060 District boundaries – Established.
The boundaries of such use districts as are shown upon any zoning map adopted by this title, or amendments thereto, are adopted and approved and the regulations of this title governing the uses of land, buildings and structures, the height of buildings and structures, setbacks, and other matters as set forth in this title are hereby established and declared to be in effect upon all land included within the boundaries of each and every use district shown upon each zoning map. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.070 District boundaries – Shown on zoning map.
The boundaries of use districts shall be determined and defined or redefined from time to time, by the adoption of zoning maps covering the city and showing the geographical area and location of said use districts. Each zoning map shall be, upon its final adoption, a part of the zoning ordinance codified in this title, and said map, and all notations, references and other information shown thereon, thereafter shall be as much a part of this title as though all matters and information set forth on said map were fully described in this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.080 District boundaries – Rules for interpretation.
When uncertainty exists as to the boundaries of any use district shown on zoning maps, the following rules of construction shall apply:
A. Where district boundaries are indicated as approximately following the centerline of a street, alley, highway, public right-of-way, or railroad the actual centerline shall be construed to be the boundary.
B. Where district boundaries are indicated as running approximately parallel to the centerline of a street, alley, highway, public right-of-way, or railroad the boundary line shall be construed to be parallel to the centerline.
C. Where districts, or district boundaries, appear to follow both sides of, and thereby exclude from designation, a street, alley, highway, public right-of-way, or railroad the boundaries of the adjoining districts shall be construed to extend to the centerline. Where the same zoning designation is present on both sides of such a feature, that zoning designation shall be construed to extend across the feature.
D. Where district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district.
E. Where a district boundary on such zoning map divides a tract in unsubdivided property, the location of such use district boundary, unless the same is indicated by dimensions thereon, shall be determined by use of the scale appearing on such zoning map.
F. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion shall revert shall apply to such vacated or abandoned street or alley.
G. In case uncertainty exists which cannot be determined by application of the foregoing rules, the hearing examiner upon application by the city or affected property owner shall recommend, and the city council shall determine, the location of such use district boundaries. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.090 Conformity with district regulations required.
Except as otherwise provided in this title:
A. All development within the city of Burlington shall be consistent with the requirements of this title. An exemption from a requirement to obtain a permit shall not be construed as an exemption from compliance with other applicable requirements.
B. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, or modified to be used for any purpose or in any manner other than a use listed in this title or amendments thereto or permitted in the use district in which such land, building, structure or premises is located.
C. No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area, setback and height regulations established by this title or amendments thereto for the use district in which such building or structure is located.
D. No setback or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a setback or open space for any other building or structure.
E. If a use is not listed as permitted or conditional in a district, but is listed as permitted or conditional in one or more other districts, it shall be considered a prohibited use in the district in which it is unlisted. If a use is not listed as permitted or conditional in any district it shall be considered a conditional use unless the director determines the use is substantially similar to and has the same characteristics, functions, and impacts as a use listed as permitted in the district in which it is being considered. (Ord. 1857 § 2 (Exh. B), 2018).
17.05.100 Adoption of special planning areas map.
The special planning areas map, adopted as part of the Burlington comprehensive plan, is hereby adopted as part of the zoning code for the purpose of identifying the location of areas where there may be specific additional regulations under the applicable chapter of this code. See Exhibit A, attached to the ordinance codified in this section. The following descriptions apply to the special planning areas:
A. Downtown. This area encompasses the original downtown of Burlington and adjacent areas that are directly linked to the main street, Fairhaven Avenue. The intent is to implement the downtown plan, encourage new activity, and gradually retrofit the area to enhance the focus on customer service retail, office and restaurant, keeping medical uses east of Anacortes Street and north of Fairhaven Avenue.
B. North and South Entrance Areas. These areas are uniquely constrained by freeway interchanges and major interchanges including the Skagit River Bridge and, as a result, have traffic problems that may require study and mitigation. High traffic generating uses are discouraged.
C. Retail Core. This area is the shopping and entertainment district that attracts regional traffic. Drive-ins are limited to tenant pads and signalized intersection, banks are limited to multiple-tenant buildings, gas stations, car washes and automobile sales are prohibited and vehicle repair is limited to side streets.
D. West Side Commercial Area. This area provides a wide array of uses, but the emphasis in terms of overall land use is on vehicle sales and related activities. (Ord. 1857 § 2 (Exh. B), 2018).