Sponsors: Planning, Planning Commission
Public Hearing 10/23/23
First reading: 09/11/23
Second reading: 12/18/23
Action: adopted
Date: 12/18/23
Signed by Mayor: 12/19/23
Published: 01/10/24\Effective: 01/31/24
In the Year Two Thousand Twenty-Three
An Ordinance in Relation to CDO—Technical Amendments ZA-24-01
It is hereby Ordained by the City Council of the City of Burlington as follows:
That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington be and hereby is amended by amending Sections 3.1.2, Zoning Permit Required; 3.2.7, Administrative Review and Approval; 3.5.2, Applicability; 4.3.1, Base Districts Established; 4.4.1, Downtown Mixed Use Districts; 4.4.2, Neighborhood Mixed Use Districts; 4.4.5, Residential Districts; 5.1.2, Structures; 5.2.5, Setbacks; 5.2.6, Building Height Limitations; 5.2.7, Density Calculations; 5.3.5, Nonconforming Structures; 5.4.8, Historic Buildings and Sites; 5.4.13, Emergency Shelters; 7.1.3, Exemptions; 7.2.3, Band Signs; 7.2.13, Wall Sign; 9.1.8, Inclusionary Rentals Units, Rentals and Sales; 9.1.12, Additional Density and Other Development Allowances; 9.1.13 Off-Site and Payment in Lieu Options; 9.1.15, Marketing of Inclusionary Units; 10.1.5, Lot Line Adjustments; 10.1.8, Preliminary Plat Review; 10.1.9, Final Plat Approval Process; 10.1.11, Recording of Final Plats; 13.1.2, Definitions; 14.3.6, Civic Spaces; 14.4.13, Urban Design Standards; 14.7.1, Applying for a Zoning Permit: Submission Requirements and Review; 14.7.2, Non-Conformities; 14.8, Glossary; and Appendix A, Use Table—All Zoning Districts; thereof to read as follows:
Sec. 3.1.2 Zoning Permit Required
Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development may be commenced within the city without a zoning permit issued by the administrative officer including but not limited to the following types of exterior and interior work:
(a) – (b) As written.
(c) Exemptions
The following shall be exempt from the requirements of this Ordinance and shall not be required to obtain a zoning permit:
1-20. As written.
21. The creation of new interior finished and habitable space where no change of use or exterior alteration is proposed.
(d) As written.
Sec. 3.2.7 Administrative Review and Approval
Pursuant to the provisions of 24 V.S.A. Section 4464(c), this section provides for the administrative review and approval of new development and amendments to previously approved development.
(a) Administrative Authority:
The administrative officer is hereby authorized to undertake the review and approval of those applicable applications subject to the planBTV: Downtown Code under Sec. 14.7.1 e) i and all of the following types of applications:
1. – 6. As written.
In addition, the administrative officer is hereby authorized to undertake the review and approval of certain COA Level II applications subject to the following thresholds and conditions:
7. – 10. As written.
11. Compliance with conditions of approval as specified in a written decision of the DRB; and,
12. Minor amendments to development applications previously approved by the DRB where the proposed amendment otherwise qualifies for administrative review as a COA Level I application or under the planBTV: Downtown Code under Sec. 14.7.1 e) i and will not substantively alter any findings of fact or DRB decision and related conditions of approval; and
13. Creation of an Accessory Dwelling Unit where no other applicable standards would require review by the DRB.
Sec. 3.5.2 Applicability
(a) As written
(b) Major Impact Review:
Major Impact Review shall be required for the approval of all development involving any one or more of the following:
Table 3.5.2-1 Zoning Districts
*Remainder of Table 3.5.2-1 and Sec. 3.5.2 as written.
Sec. 4.3.1 Base Districts Established:
The following zoning districts are hereby established as illustrated in Map 4.3.1.-1 and further described in Part 4 below.:
(a) As written.
(b) A series of four (4) Neighborhood Mixed Use districts (see Sec. 4.4.2)
• Neighborhood Mixed Use (NMU);
• Neighborhood Activity Center (NAC);
• Neighborhood Activity Center – Riverside Corridor (NAC-RC); and,
• Neighborhood Activity Center – Cambrian Rise (NAC-CR);
(c-g) As written.
Sec 4.4.1 Downtown Mixed Use Districts
(a) –(c) As written.
(d) ***Subsections renumbered.
Sec. 4.4.2 Neighborhood Mixed Use Districts
(a) -(b) As written.
(c) Table 4.4.2 -1 Dimensional Standards and Density
(d) As written. ***Typo corrected by changing Minimum Building Height in the NMU from 2′ to 22′, rest of Table 4.4.2-1, including footnotes, as written.
Sec 4.4.5 Residential Districts
(a) As written.
(b) Dimensional Standards and Density
The density and intensity of development, dimensions of building lots, the heights of buildings and their setbacks from property boundary lines, and the limits on lot coverage shall be governed by the following standards:
Table 4.4.5-1 As written.
Table 4.4.5-2 As written.
Table 4.4.5-3: Residential District Dimensional Standards
(See table above)
(c) As written.
(d) District Specific Regulations
The following regulations are district-specific exceptions, bonuses, and standards unique to the residential districts. They are in addition to, or may modify, city-wide standards as provided in Article 5 of this ordinance and district standards as provided above.
1. Setbacks As written.
2. Lot Coverage
A. Exceptions for Accessory Residential Features.
In addition to lot coverage exemptions in Sec. 5.2.3 (b), within the RL, RL-W, RM and RM-W districts, an additional ten (10) per cent of lot coverage above the otherwise applicable limit may be permitted for the following amenity features accessory to residential uses provided that such features shall at no time be enclosed or be used for parking:
(i) – (v) As written.
(vi) Swimming pools and swimming pool aprons;
(vii) – (ix) As written.
With the exception of the additional lot coverage allowances provided for under Inclusionary Zoning, requirements such additional lot coverage shall not be permitted for any development where bonus provisions of this ordinance are applicable.
3. Accessory Residential Structures, Buildings and Uses
An accessory structure, building, and/or use as defined in Article 13 and provided under Sec. 5.1.1 and 5.1.2 customarily incidental and subordinate to a principal residential structure, building and/or use, including but not limited to private garages, carriage houses, barns, storage sheds, tennis courts, swimming pools, cabanas for swimming pools and detached fireplaces may be permitted as follows:
A. Accessory structures or buildings shall meet the dimensional requirement set forth in the district in which they are located pursuant to Sec. 4.4.5(b) of this Article and related requirements in Art 5, Parts 1 and 2;
B. – D. As written.
4-6. As written.
Sec. 5.1.2 Structures
Except as otherwise provided by law or by this ordinance, no structure in any district shall be created, removed or altered except in conformance with the provisions of this Article and the requirements of the district in which such land or structure is located.
(a) – (c) As written.
(d) Accessory Residential Structures or Buildings
An accessory structure or building customarily incidental and subordinate to a principal residential use, structure, or building shall also be governed by the provisions of Sec. 4.4.5(d)43.
(e) – (f) As written.
Sec. 5.2.5 Setbacks
Setbacks between buildings structures and property lines where required are intended to provide access to light and air, provide fire separation and access, and maintain the existing neighborhood pattern of buildings structures and open spaces between them and to the street.
(a) – (b) As written.
Sec. 5.2.6 Building Height Limits
No structure shall exceed thirty-five (35) feet in height unless otherwise authorized under the district-specific provisions of Article 4:
(a) As written.
(b) Building on Sloped Sites
Buildings on slopes shall reflect the pre-construction topography of the site by making use of opportunities to vary the building’s height and roof forms relative to terrain changes as follows:
1. Measurement Interval: Building height shall be measured from the average grade along the street-facing façade at intervals of no less than 32-feet or more than 65-feet along the entire length of the street-facing façade (s).
* Illustration remains unchanged.
2. – 3. As written
(c) Exceptions to Height Limits
1-5. As written.
6. The administrative officer may allow for up to a 510% variation in the maximum building height to account for grade changes across the site. In no event however, shall such additional height enable the creation of an additional story beyond the maximum permitted.
(cd) Clear Sight Triangle
1. As written.
Sec. 5.2.7 Density Calculations
(a) Dwelling Units Per Acre:
In accordance with the district-specific provisions of Article 4, the calculation of density shall be measured as follows in such cases where the density is measured on a dwelling unit per acre basis:
1. Density Calculation: The total number of dwelling units provided on a lot or lots, or portion of the lot(s) where split by a zoning district boundary, shall be divided by the net area expressed in acres calculated to the nearest fractional tenth (i.e. to a single decimal point). The net area of the lot(s) shall account for buildable area where applicable (see Sec. 5.2.4). In calculating the number of dwelling units permitted, fractional units of less than five-tenths (0.5) shall be rounded down to the nearest whole number and fractional units of five-tenths (0.5) or greater shall be rounded up to the nearest whole number. Any rounding of fractional units shall be limited to a single final calculation.
2. As written
(b) Floor Area Ratio
In accordance with the district-specific provisions of Article 4 where the intensity of development is measured on a floor area ratio basis, the calculation of development intensity shall be measured by dividing the gross floor area of all structures on a site lot or lots, or portion of the site lot(s) where split by a zoning district boundary, by the area of the gross site lot(s) area.
* Illustration remains unchanged.
Sec. 5.3.5 Nonconforming Structures
(a) Changes and Modifications:
Nothing in this Part shall be deemed to prevent normal maintenance and repair or structural repair, or moving of a non-complying structure pursuant to any applicable provisions of this Ordinance.
Any change or modification to a nonconforming structure, other than to full conformity under this Ordinance, shall only be allowed subject to the following:
1. – 3. As written.
When any portion of a nonconforming structure has been made conforming, it shall not be made nonconforming again except as provided for historic building features pursuant to Sec. 5.2.5(b)(4).
A non-conforming residential structure may be enlarged up to the dimensional standards of the underlying zoning district, subject to review and approval by the DRB pursuant to Art. 3, Part 4 Design Review and Art. 3, Part 5 Conditional Use Review. Adaptive reuse or residential conversion bonuses may allow a greater expansion than the underlying zoning district allows approved per the provisions of Article 4.
Sec. 5.4.8 Historic Buildings and Sites
*Goals as written.
(a) – (d) As written.
(e) Historic Building Rehabilitation Bonus:
In order to facilitate the rehabilitation and reuse of historic buildings in Residential and Institutional districts, development in excess of the limits set forth in Tables 4.4.4-1, 4.4.5-2 and 4.4.5-3 may be permitted by the DRB subject to all of the following conditions:
i. – iv. As written.
v. Lot coverage shall not exceed the figure established in Table 5.4.8-1:
Table 5.4.8-1 Historic Building Rehabilitation Bonus
District: RL, RL-W, I
Maximum Coverage1: Expansion up to the greater of 62% lot coverage or a total of 125% of pre-application principal building coverage.
District: RM, RM-W
Maximum Coverage1: Expansion up to the greater of 72% lot coverage or a total of 125% of pre-application principal building coverage.
District: RH
Maximum Coverage1: Expansion up to the greater of 92% lot coverage or a total of 125% of pre-application principal building coverage.
1. The maximum lot coverages identified in this table are applied in Table 4.4.5-8 – Maximum Density, Lot Coverage and Building Heights with Bonuses
Sec 5.4.13 Emergency Shelters
Emergency shelters shall be subject to the site and design review standards in Art 6.
In addition to conditional use standards where applicable, proposals for all new emergency shelters shall comply with the following requirements:
(a) – (b) As written.
(c) Density within the neighborhood mixed use zones shall be limited to fifty (50) beds, and there is no density limit in the downtown or downtown transition FD5 and FD6 zones;
(d) – (f) As written.
Sec. 7.1.3 Exemptions
Repainting, refacing, repair, or change of lettering, logo, or colors using the same materials within an existing permitted Sign frame shall be exempt from the requirements of this Article and allowed without the requirement to obtain a new zoning permit.
The following types of Signs are permitted in all parts of the city, and shall also be exempt from the requirements of this Article and the necessity to obtain a permit:
(a-g) As written
(h) Historic Marker: A non-illuminated Wall Sign two (2) square feet or less in size sixteen square feet or less in size commemorating the historic significance of a building or site.
(i-j) As written
Sec 7.2.3 Band Sign
*Illustration to remain unchanged.
Description As written.
Specifications
Quantity (max) 1 Band Sign per street-level storefront, except that where a Primary Frontage contains more than one architecturally distinguishable Sign Band, 1 Band Sign shall be permitted per Sign Band.
*Remainder of 7.2.3 as written.
Sec. 7.2.13 Wall Sign
*Illustration to remain unchanged.
Description: As written.
Specifications
Height (max): As written.
Area (max):
• 2 sf per linear foot of street frontage, or elevation where no street frontage is available, associated with a first floor tenant.
• 10 sf for a second floor or above tenant with only a ground floor entryway.
*Remainder of 7.2.13 as written.
9.1.8 Inclusionary Units, Rentals and Sales
For covered projects in which units are offered for rent or sale, a base of fifteen percent (15%) of all of the dwelling units in the project, graduated as specified in Table 9.1.8-1, shall be designated as inclusionary units
This includes any covered project where units are offered for sale via the conveyance of a deed or share for individual units, including fee simple ownership, condominium ownership and cooperative ownership.
Table 9.1.8-1 Inclusionary Zoning Percentages
If the average sale and rental price of project units is affordable to a household earning:
The percentage of units which are subject to rent and sales prices as per Sec. 9.1.9 and are subject to marketing and continued affordability provisions (Sec. 9.1.105 and Sec. 9.1.116) shall be at least:
*Remainder of Table 9.1.8-1 as written.
Sec. 9.1.12 Additional Density and Other Development Allowances
All covered projects shall be entitled to increases in the development allowances of the underlying zoning district in accordance with the provisions of this section.
(a) Any covered project shall be entitled by right to an increase in the maximum lot coverage density/intensity, and, where applicable, height allowed for the lot(s) on which the project is located when all required Inclusionary Units are constructed on the same lot, or lots subject to Article 11 Planned Development. Calculations for these entitlements shall be based on the following tables:
*Remainder of 9.1.12 as written.
Sec. 9.1.13 Off-Site and Payment in Lieu Options
In no event may a covered project which benefited from additional density or development allowances per Sec. 9.1.12 that has been constructed and occupied utilize the following options.
(a) – (b) As written.
Sec. 9.1.15 Marketing of Inclusionary Units
Any applicant developing a covered project shall adhere to the following provisions with respect to the initial offering of inclusionary units for sale or rental:
(a) Trust Fund Notification
The developer shall notify the Housing Trust Fund Manager, as defined in Section 18-400403 of the Burlington Code of Ordinances, of the prospective availability of any inclusionary units at the time that the building permit is issued for such units in a covered project;
(b) – (f) As written.
Sec. 10.1.5 Lot Line Adjustments
The intent of this section is to provide for an abbreviated review and approval process for the realignment of lot boundary lines between existing adjacent lots, including the merger of lots, where no additional lots are being created. In addition, a lot line adjustment shall include the addition and subtraction of vestigial alleys, as defined in Article 13, when being combined with an adjacent lot. A lot line adjustment shall not constitute a subdivision.
(a) Lot Line Adjustment Submission Requirements:
1-3. As written
4. Two (2) copies One digital or electronic copy of a lot line adjustment plat which shall include the following:
*Remainder of 10.1.5 as written.
Sec. 10.1.8 Preliminary Plat Review
After sketch plan review if applicable, the applicant may submit an application for Preliminary Plat Review pursuant to requirements specified below and containing any additional information requested by the administrative officer after completion of the sketch plan review.
(a) Preliminary Plat Submission Requirements
An applicant requesting preliminary plat review shall submit the following to the administrative officer:
1-4. As written.
5. Eight (8) copies One digital or electronic copy of a preliminary plat meeting the following specifications:
A. Sheet size and scale: The preliminary plat shall be twenty-four (24) inches by thirty-six (36) inches outside dimension. The plat shall be clearly and legibly drawn to a scale of no larger than one-inch equals forty (40) feet. Larger sheet sizes will be allowed with approval of the administrative officer. A reduced, 11″x17″ copy as well as digital version in a format acceptable to the administrative officer shall also be submitted.
B. As written.
6. Eight (8) copies One digital or electronic copy of a preliminary site plan meeting the following specifications:
A. Site plan, drawn to a scale of 1″ =, 10, 20, 40 or 60 ft., of the subject property. A reduced, 11″x17″ copy as well as digital version in a format acceptable to the administrative officer shall also be submitted;
B. As written.
(b) Completeness of Submission, Administrator’s Action
Upon receipt of a complete application, including all supporting documents and payment of all applicable fees, the administrative officer shall have no more than thirty (30) days to refer the application to the DRB pursuant to the provisions of 24 VSA Sec 4448 and Art. 3, Sec. 3.2.5. In addition, the administrative officer shall date each copy and immediately distribute one copy to each of the following:
1. – 5. As written.
The administrative officer shall retain the other two (2) copies a copy. The administrative officer shall also notify the school board and the city councilors serving the affected ward(s) of the pending development; its size, location, and general character.
(c) – (d) As written.
(e) Decision of the DRB on the preliminary plat:
Pursuant to Sec. 3.2.8, within forty-five (45) days from the close of the public hearing on the preliminary plat the DRB shall issue Findings of Fact regarding the proposed application’s conformance with each of the review standards of (d) above. The DRB’s decision may be to approve, approve with modifications, or disapprove the preliminary plat. Failure of the DRB to issue a decision within this period shall be deemed approval and shall be effective on the 46th day. Notation of the action taken by the DRB shall be made on two (2) copies of the preliminary plat – one copy to be returned provided to the applicant and one copy retained for the records of the DRB.
Approval of the preliminary plat shall not constitute a final decision of the DRB on the proposed project or in any manner whatsoever constitute an approval of a final plat unless as specifically provided under Sec. 10.1.7 above. Such a decision shall indicate only conceptual approval of the proposed layout and serve as a guide to the preparation of the final plat.
Disapproval of the preliminary plat shall constitute a final decision of the DRB on the proposed project and be subject to the provisions for appeal pursuant to Art. 12, or consideration of a revised preliminary plat as provided under (f) below. In the case of disapproval, the DRB shall include in the Findings of Fact the specific reasons for denial which shall accompany the returned provided copy of the preliminary plat.
(f) –(g) As written.
Sec. 10.1.9 Final Plat Approval Process
During such time that an approved preliminary plat remains effective, the applicant may submit an application for approval of a final plat.
(a) Final Plat and Construction Detail Submission Requirements
The applicant may seek approval of a final plat by filing the following items with the administrative officer. All plat maps, including street and utility construction plans, shall also be provided in a digital computer format compatible with the city mapping and CAD systems as determined by the administrative officer.
1. – 2. As written.
3. Ten (10) copiesOne digital or electronic copy of the final plat, as specified in subsection (6) below.
4. One digital or electronic copy/Ten (10) copies of the final site plan, as specified in subsection (7) below.
5. One digital or electronic copy/Ten (10) copies of construction detail drawings of the sewer, water and drainage systems, other underground utilities, surface improvements, street profiles and street cross-sections as specified in subsection (8) below.
6-9. As written.
(b) Completeness of Submission, Administrator’s Action
Upon receipt of a complete application for review of a final plat, the administrative officer shall have no more than thirty (30) days to refer the application to the DRB pursuant to the provisions of 24 VSA 4448 and Art. 3, Sec. 3.2.5. In addition, the administrative officer shall date each copy of such drawings and distribute a copy to the city engineer and the director of each affected city department. The final plat shall be made availableTwo (2) copes shall be reserved for use by private utilities and two (2) copies shall be retained by the administrative officer.
(c) – (e) As written.
Sec. 10.1.11 Recording of Final Plats
(a) As written.
(b) Recording within 180 days
The final plat, endorsement by the DRB and all associated documents, shall be recorded in the office of the chief administrative officer within 180 days of the DRB’s approval of the final plat. Failure to file all such materials within 180 days of the decision shall render the final plat approval void. In the case of an appeal of the DRB’s approval of the final plat, or where additional state or federal permits may be required, the filing deadline shall be within 180 days of the final action or adjudication.
Upon written request, the administrative officer may extend the date for filing the plat by an additional 90 days.
The plat to be filed with the chief administrative officer shall comply with the requirements of 27 V.S.A. Chapter 17 and Section 10.1.9 (a)6 of this Article, and shall be drawn in black permanent inks on three (3) to five (5) mil stable-base polyester film (mylar) and 18 inches by 24 inches in dimension. After such filing or recording, the plat shall be part of the City of Burlington Official Map.
In addition to the final plat as recorded in the city land records:
1. One copy of the approved plat shall be filed with the building inspector before building permits for structures within the subdivision are made available;
2. One copy of the approved plat shall be filed with the city assessor; and,
3. A digital version of the approved plat shall be filed with the department of planning & zoningDepartment of Permitting & Inspections in a format acceptable to the administrative officer.
(c) As written.
Sec. 13.1.2 Definitions
For the purpose of this ordinance certain terms and words are herein defined as follows: Unless defined to the contrary in Section 4303 of the Vermont Planning and Development Act as amended, or defined otherwise in this section, definitions contained in the building code of the City of Burlington, Sections 8-2 and 13-1 of the Code of Ordinances, as amended, incorporating the currently adopted edition of the American Insurance Association’s “National Building Code” and the National Fire Protection Association’s “National Fire Code” shall prevail.
Additional definitions specifically pertaining to Art. 14 planBTV: Downtown Code can be found in Sec. 14.8, and shall take precedence without limitation over any duplicative or conflicting definitions of this Article.
***
Density Calculation: A calculation based on the lot size and the allowable units per acre or FAR as applicable in a given zoning district.
***
Floor Area Ratio: The ratio of above ground gross floor area to gross site area or, a multiplier representative of the development limits of a site applied to the parcel/land size.
***
Sec. 14.3.6 Civic Spaces
(a)-(b) As written.
(c) Park
Intent: As written.
Specifications: As written.
Typical Features: As written.
Parking: Onsite parking is not required unless facilities for structured recreation and community events such as recreation fields and courts, swimming pools, and community rooms are provided.No on-site parking is required.
(d)-(i) As written.
Sec. 14.4.13 Urban Design Standards
***Subsections (d) vi-vii renumbered, otherwise as written.
Sec. 14.7.1 Applying for a Zoning Permit: Submission Requirements and Review
(a)-(e) As written.
(f) Review and Approval of Civic Spaces and Civic Buildings
***Corrects Coty to City in first bullet, otherwise as written.
Sec. 14.7.2 Non-Conformities
In addition to that as specified in Article 5, Part 3 Non-Conformities of the Burlington Comprehensive Development Ordinance, any Building, Structure, Frontage, Development, Site, Improvement, or other appurtenance thereto which lawfully existed at the time of adoption of the applicable provisions of this Article or any amendment thereto may be continued subject to the following provisions:
a) As written.
b) Any Building, Structure, Frontage, Development, Site, Improvement, or other appurtenance thereto which legally existed on the effective date of this Article that does not conform to the requirements of this Article may continue until a Substantial Modification is requested or Abandonment discontinuance occurs.
c) As written.
d) At such time when a Substantial Modification is requested or Abandonment discontinuance occurs, only the affected portion(s) of the Building, Structure, Frontage, Development, Site, Improvement, or other appurtenance thereto shall be required to comply with all applicable provisions of this Article and to the greatest extent practicable in the determination of the Administrative Officer or unless relief is provided by the DRB pursuant to Sec. 14.7.3 below; and,
de) As written.
Sec 14.8 Glossary
This Section provides definitions for certain terms found in this Article 14. Additional definitions are to be found in Article 13 of the BCDO.
The following terms, as used in this Article 14, shall have the following meanings:
***
Civic: the term defining public or quasi-public activities dedicated to arts, culture, education, recreation, government, places of worshoip, public assembly, and public transportation.
***
Appendix A-Use Table – All Zoning Districts
***Mental Health Crisis Center changed from N to CU in NMU district, Downtown Form Districts added with direction to see Article 14 for uses, and NAC-RC district changed to NAC-R.
* Material stricken out deleted.
** Material underlined added.
*** Other changes as noted.