Chapter 17.70
SUPPLEMENTAL DEVELOPMENT STANDARDS
Sections:
17.70.050 Special height restrictions.
17.70.060 Obstructions, generally prohibited.
17.70.080 Standard setback exceptions.
17.70.100 Responsibility for animals.
17.70.105 Outdoor vending machines.
17.70.110 Performance standards.
17.70.115 Height requirements for transitional zones.
17.70.120 Setback requirements for transition zones.
17.70.125 Telecommunication facilities.
17.70.130 Mechanical equipment.
17.70.135 Low impact development.
17.70.010 Title.
This chapter shall be called “Supplemental Development Standards.” (Ord. 1857 § 2 (Exh. B), 2018).
17.70.020 Application.
The standards of this section shall apply to all new uses, structures, and development, and to the expansion or modification of existing uses, structures and developments. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.030 Purpose.
The purpose of supplemental development standards is to achieve compatible land uses within zoning districts and surrounding areas by providing uniform regulations throughout each district, encouraging neighborhood stability and consistency, and promoting commercial viability and compatibility. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63, 36.70A, and 36.70B RCW and other applicable laws and regulations. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.050 Special height restrictions.
A. There shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, column or tree not exceeding one foot square or one foot in diameter, between a height three feet and 10 feet above the established grade within the triangular areas described below, without the express approval of the city engineer:
1. The triangular area formed by a line 20 feet along the right-of-way lines of two intersecting streets, measured from the point of intersection of the right-of-way lines, and the line connecting the two ends of the two 20-foot lines;
2. The triangular area formed by a line 15 feet along the street right-of-way line measured from the point of intersection of the alley right-of-way line and a line 15 feet along the alley right-of-way line measured from the point of intersection of the street and alley right-of-way lines and the line connecting the unconnected ends of the two lines.
B. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the city engineer may order the removal of such hazard whether or not such object otherwise complies with the provisions of this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.060 Obstructions, generally prohibited.
A. In no case shall any fence and/or hedge be constructed or grown, within a distance of three feet, around any fire hydrant; as well as no fence or hedge shall deter or hinder the fire department from gaining access to any fire department connection, fire protection control valve, fire hydrant, or fire department appliance or device;
B. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant;
C. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.070 Fences.
A. Fences in residential areas providing a maximum six-foot sight obstruction from adjacent properties can be built on the side and rear property lines and across the front of the property in line with the front of a building but not closer than 20 feet to the street right-of-way. Corner lots must observe the 20-foot setback on both streets. From the 20-foot line to the street right-of-way, solid fences a maximum of three feet high, measured from the ground on which the fence stands, are permitted and open rail fences a maximum of four feet, six inches high, measured from the ground on which the fence stands, are permitted in which the rails and posts constitute not more than one-third of the fence area. Taller fences may be permitted in the 20-foot setback area by way of an administrative permit issued by the community development director or designee based on a field inspection and staff report with site plan and photographs provided by the applicant demonstrating consideration of adjacent structures, driveways, location of transit stops, need for privacy, visual impacts of fence structure on block front, or other circumstances not anticipated by this code. Fences up to six feet tall are permitted in commercial and industrial areas subject to corner vision requirements and permit conditions established through the plan review process.
B. Electric fences shall only be permitted in the OSP district and only when associated with an agricultural use. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.080 Standard setback exceptions.
The following may project into a required setback:
A. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts or similar projections not wider then eight feet measured in the general direction of the wall of which it is a part: 18 inches into a required setback area;
B. Uncovered porches and platforms less than 30 inches in height: 18 inches into side yards and six feet into the front yard and rear yard;
C. Planting boxes or masonry planters not exceeding 42 inches in height may be placed in a required setback area;
D. Eaves may protrude into a required setback provided they do not exceed 24 inches into a required setback area.
E. Ramps and other structures necessary to provide handicap access. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.090 Home occupations.
A. General Requirements. All home occupations, including permitted and conditional home occupations, shall be consistent with the following:
1. Only members of the immediate family residing on the premises may be employed;
2. No inventory is kept (other than incidental supplies necessary for and consumed in the conduct of such home occupation) or commodities sold other than those produced on the premises. Samples may be kept but not sold on the premises. Items commonly collected or traded, and occasionally sold by hobbyists such as coins, stamps, antiques, etc., may be considered to be exempt from this provision, as long as all other requirements of home occupations are met;
3. No mechanical equipment is used except such as is customarily used for domestic, household or personal purposes (or as deemed similar in terms of power and type);
4. Not more than one-fourth of the floor area of any building is devoted to such occupation, except accessory buildings which are used for no other purpose;
5. Such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling;
6. Shall not involve the use of commercial vehicles for the distribution of materials from the premises;
7. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation;
8. Only one sign is permitted, two square feet in area, indirect illumination only, and attached to a building or inside the home;
9. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences;
10. No more animals are maintained on the premises than what may otherwise be permitted in the zone;
11. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sound, noises, vibrations or odors.
B. Exemptions. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do not need to comply with the requirements of this section as long as the use is not conducted on more than four days in any given two-year period or in violation of any other provisions of the Burlington Municipal Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale.
C. A conditional use permit is required and must be granted by the city council for the following home occupation uses, even if the use meets all 11 of the requirements of subsection (A) of this section but in no case shall any home occupation meet less than nine of the 11 requirements:
1. Automobile repair and rebuild;
2. Craft classes;
3. Home occupations that can only meet nine or 10 of the 11 requirements as outlined in subsection (A) of this section;
4. Music and dancing studios.
D. Additional Requirements. In addition to the requirements identified above, any home occupation identified as a conditional use shall be subject to the following:
1. In considering applications for home occupation conditional use permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit shall be authorized unless the city council finds that the authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authorization of such permit will be consistent with the spirit and purpose of this title.
2. The hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.100 Responsibility for animals.
Owners, including both property owners and residents, of animals, including household pets and farm animals, shall be responsible for damage to other properties, including damage to trees and other landscaping, fences and structures. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.105 Outdoor vending machines.
A. Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the C-1 and C-2 zoning districts, provided the use, maintenance, and placement of vending machines shall be consistent with the requirements of this chapter. Outdoor vending machines located in public parks or any other public property shall not be subject to this section.
B. No outdoor vending machine may be installed, maintained, repaired or operated in the city without first being issued a valid land use permit. A land use permit shall be issued by the community development director or designee only if the following standards and conditions are met:
1. The outdoor vending machine may not be located such that the outdoor vending machine, or a user of the outdoor vending machine, is within:
a. A public right-of-way;
b. A required landscape area;
c. A driveway;
d. An area used by vehicles for circulation; or
e. Five feet of any business entrance or exit.
2. All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot. Automated banking teller machines not on the same property as the financial institution may be located in a parking lot of a multiple-tenant development if a conditional use permit is issued pursuant to BMC Title 14A.
3. When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six feet shall be required in front of the outdoor vending machine. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four feet is required in front of the outdoor vending machine.
4. All outdoor vending machines shall only be located on a building elevation that contains a primary entrance.
5. All outdoor vending machines must be positioned against a building wall and not located in front of windows.
6. An outdoor vending machine shall not block the exit door.
7. Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on the top or side of any outdoor vending machine.
8. Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine.
9. No visible security cages are permitted on the outside of an outdoor vending machine.
10. Outdoor vending machines shall not exceed 80 inches in height and 36 inches in depth and 42 inches in width.
11. All outdoor vending machines shall be maintained in a clean and attractive condition.
12. Any graffiti on an outdoor vending machine shall be removed within 24 hours.
13. The vending machine shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the machine as visible from any residence or vehicle traveling the right-of-way.
14. Number of Outdoor Vending Machines.
a. No more than five outdoor vending machines shall be permitted per development site or integrated development site.
b. The number of outdoor vending machines permissible on a development site shall be as follows:
|
Square Footage of Development Site |
Number of Outdoor Vending Machines |
|---|---|
|
15,000 or less |
1 |
|
15,001 – 30,000 |
2 |
|
30,001 – 45,000 |
3 |
|
45,001 – 60,000 |
4 |
|
60,001 or greater |
5 |
c. For integrated development sites, regardless of the number of lots or individual tenants, that are developed with common parking, on-site circulation, architecture or design features, with multiple underlying lots, at least one outdoor vending machine, but not to exceed three outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be subject to the following ratio:
|
Square Footage of a Lot within an Integrated Development |
Number of Outdoor Vending Machines |
|---|---|
|
15,000 or less |
1 |
|
15,001 – 30,000 |
2 |
|
30,001 or greater |
3 |
15. Upon removal of an outdoor vending machine, the building and site area where the outdoor vending machine was located shall be repaired to its original condition. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.110 Performance standards.
The purpose of this section is to establish the following performance standards which are intended to reduce the visual, physical, and environmental impacts of new development on existing uses and developments.
A. Light and Glare. Building materials with high light-reflective qualities shall not be used in the construction of buildings in such manner that reflected sunlight will throw intense glare to surrounding areas. Artificial lighting shall be hooded or shaded so that direct light of high-intensity lamps will not result in glare when viewed from residential areas surrounding a commercial or industrial district.
B. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses.
C. Odorous Gases and Matter. The emission of odorous gases or matter in such quantities as to be readily detectable, without special instruments, at any point beyond the property line of the use creating the odor, is prohibited.
D. Smoke and Particulate Matter Emissions. No emissions shall exceed the allowances set forth by the Environmental Protection Agency, the Washington State Department of Ecology and/or the Northwest Sound Air Pollution Control Agency, unless local regulations are more restrictive, in which case the local regulation shall apply.
E. Dust, Dirt, Fly Ash, or Air-Borne Solids. No observable dust, dirt, fly ash or other air-borne solids shall be emitted except as related to construction activity.
F. Waste Storage. Storage of animal or vegetable wastes which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste.
G. Toxic Gases and Matter. No emissions of toxic gases or matter shall be permitted.
H. Vibration. Vibration which is easily discernible, without special instruments at any point beyond the property line, is prohibited. This shall not apply to vibration caused by highway vehicles, trains, aircraft or construction activities.
I. Hazardous Substance and Waste. No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water supply, sewage treatment processes, watercourse or water body, the air, or the ground, except in accordance with standards approved by provisions of federal, state and local laws and regulations, and the International Fire Code. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.115 Height requirements for transitional zones.
All commercial, industrial, and multifamily development within 45 feet of a single-family zone shall be limited to a maximum height of 35 feet. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.120 Setback requirements for transition zones.
The following setback requirements shall apply to all commercial, industrial, and multifamily development on properties adjacent to single-family zones.
A. Multifamily. The minimum side and rear setbacks for multifamily development adjacent to single-family zones shall be derived using a ratio of two feet of building setback for every one foot of building height.
B. Commercial. The minimum side and rear setbacks for commercial development adjacent to single-family zones shall be derived using a ratio of two feet of building setback for every one foot of building height.
C. Industrial. The minimum side and rear setbacks for structures adjacent to single-family lots shall be derived using a ratio of two feet of building setback for every one foot of building height. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.125 Telecommunication facilities.
A. Application and Conditional Use Criteria – FCC Preemption. In any proceeding regarding the issuance of a conditional use permit under the terms of this chapter, federal law prohibits consideration of environmental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commission regulations concerning such emission.
B. The following are exempt from the requirements of a conditional use permit, and shall be considered a permitted use in all zones where wireless and attached wireless communications facilities are permitted: minor modifications of existing wireless communications facilities and attached wireless communications facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this title.
C. A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.130 Mechanical equipment.
A. Mechanical equipment shall be equipped with a noise-baffling screen as necessary, so that there shall be no audible sound at the property line.
B. Roof-mounted or ground-mounted equipment shall be located and designed to blend in with the architecture of the building. (Ord. 1857 § 2 (Exh. B), 2018).
17.70.135 Low impact development.
The following standards and requirements shall apply to any building, development, or construction activities that result in an increase in impervious surface coverage, building coverage, or modifications to existing storm water management features or facilities. These standards and requirements shall also apply to all activities involving the modification of existing impervious surfaces or the removal of significant quantities of vegetation.
A. All development, building, construction, and grading permit applications shall be provided to the city engineer for review. No permit shall be issued or approved unless the city engineer finds the proposal complies with the surface water management regulations in BMC Title 14.
B. All development activities shall be designed and constructed in accordance with the Washington State Department of Ecology’s Stormwater Manual for Western Washington.
C. Low impact development shall be the preferred and commonly used approach for all development and construction activities. Low impact development (LID) techniques shall be incorporated into all development proposals unless demonstrated to be infeasible through an engineering analysis.
D. The Department of Ecology’s Stormwater Manual for Western Washington and the Puget Sound Partnership’s Low Impact Development Technical Guidance Manual for Puget Sound shall be consulted to assess the feasibility of LID techniques, to select appropriate LID measures, and to aid in the design and construction of LID features. All storm water systems and improvements shall be consistent with BMC Title 14. (Ord. 1857 § 2 (Exh. B), 2018).