Chapter 17.05
LAND USE ZONES, MAPS AND BOUNDARIES
Sections:
17.05.050 Land use zones established.
17.05.060 Land use zone boundaries – Established.
17.05.070 Land use zone boundaries – Shown on zoning map.
17.05.080 Land use zone boundaries – Rules for interpretation.
17.05.090 Conformity with zoning regulations required.
17.05.100 Adoption of overlay and supplemental maps.
17 05.010 Title.
This chapter shall be called “Land Use Zones, Maps and Boundaries.” (Ord. 1933 § 1 (Exh. A), 2023; 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. 1933 § 1 (Exh. A), 2023; 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. This chapter is also intended to describe how zoning boundaries and designations are identified and interpreted and describes the relationship between the city’s comprehensive plan and zoning maps. (Ord. 1933 § 1 (Exh. A), 2023; 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. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.05.050 Land use zones established.
The city is divided into a number of land use zones. Land use zones are used to implement the comprehensive plan and to classify, segregate, and regulate the uses of land, buildings, and structures. Each zone, and its corresponding comprehensive plan designation, is shown below.
|
Comprehensive Plan Designation |
Zoning Designation |
|---|---|
|
RD (Residential Detached) |
RD-1 RD-2 |
|
RA (Residential Attached) |
RA-1 RA-2 |
|
MUR (Mixed Use Residential) |
MUR-1 MUR-2 |
|
MUC (Mixed Use Commercial) |
MUC-1 MUC-2 |
|
CI (Commercial and Industrial) |
CI-1 CI-2 |
|
PC (Parks and Conservation) |
PC-1 PC-2 |
|
PFT (Public Facilities and Transportation) |
PFT-1 PFT-2 |
|
UH (Urban Holding) |
UH |
(Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.05.060 Land use zone boundaries – Established.
Land use zone boundaries are shown on the zoning maps 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 land use zone shown upon each zoning map. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.05.070 Land use zone boundaries – Shown on zoning map.
Land use zone boundaries 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 land use zones. 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. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.05.080 Land use zone boundaries – Rules for interpretation.
When uncertainty exists as to the boundaries of any zone shown on zoning maps, the following rules of construction shall apply:
A. Where zone 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 zone 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 zones, or zone 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. These provisions shall not apply in cases where the right-of-way has been designated as a public facilities and transportation zone on the zoning map.
D. Where zone 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 zone 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. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.05.090 Conformity with zoning 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 zone 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 zone 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. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).
17.05.100 Adoption of overlay and supplemental maps.
A series of overlay maps, adopted as part of the Burlington comprehensive plan, is hereby adopted as part of the zoning code for the purpose of identifying the location and boundaries of areas where additional or alternative regulations apply:
A. Subareas.
1. Commercial Core.
2. Downtown.
3. Northern Gateway.
4. North and South Burlington Industrial.
5. Urban Holding.
6. Western Gateway.
7. Westside Freeway Sales.
B. Special Management Areas.
1. Burlington Hill. Includes 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.
2. Gages Slough. Includes the open water areas of Gages Slough together with all associated wetlands, deep-water habitat, wetland buffers, and special flood risk areas.
3. Skagit River. Includes the Skagit River and its associated floodway areas, all dikes, levees, flood control improvements, and a strip of land extending inland 300 feet from the landward toe of all dikes, levees, and flood control improvements. The Skagit River special management area also includes any properties owned or controlled by the dike district that are used for, or are planned to be used for, dikes, levees, or flood control improvements. (Ord. 1933 § 1 (Exh. A), 2023; Ord. 1857 § 2 (Exh. B), 2018).