City of Burlington In the Year Two Thousand Twenty-Four An Ordinance in Relation to COMPREHENSIVE DEVELOPMENT ORDINANCE ZA-24-04 Neighborhood Code 2A, Part 1:Technical Corrections & Secondary Structures

Ordinance 9.5 Sponsor: Office of City Planning, Planning Commission, Ordinance Committee

Public Hearing Dates:
First reading: 9/9/24

Referred to: Ordinance Committee

Rules suspended and placed in all stages of passage:

Second reading: 10/28/24
Action: adopted as amended
Date: 10/28/24
Signed by Mayor: 10/31/24
Published: 11/06/24
Effective: 11/27/24

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Appendix A-Burlington Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and hereby is amended by amending Sec. 4.3.1, Base Districts Established; Map 4.3.1-1 Base Zoning Districts; the Residential Corridor District purpose statement in Sec. 4.4.5 (a) 5; Map 4.4.5-1 Residential Zoning Districts; Table 4.4.5-2, Principal & Secondary Structures Massing and Placement Standards in Residential Districts; Sec. 4.4.5 (d) 1. B. Residential Development Bonuses by re-naming and modifying both Sec. 4.4.5 (d) 1. B. (i) and Table 4.4.5-4; Sec. 4.4.5(e), Effective Date; Sec. 5.2.5 (b) 7.,Driveways; Table 7.2.1-B, Sign Types Permitted by Form/Zoning District; and Article 13, Definitions; thereof to read as follows:

Article 4: Zoning Maps and Districts

PART 3: ZONING DISTRICTS ESTABLISHED

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) through (d) – As Written.

(e) A series of four (4) Residential districts: (see Sec. 4.4.5)

Residential Corridor (RC), where mapped, this district applies to properties with street frontage on North Avenue,Colchester Avenue, St. Paul Street, Pearl Street, and Shelburne Street to a maximum depth of 200 ft;

Residential High Intensity (RH);

Residential Medium Intensity (RM); and

Residential Low Intensity (RL);

(f) through (g) – As Written.

*Map 4.3.1-1 Base Zoning Districts & Map 4.4.5-1 Residential Zoning Districts are modified to correct a mapping error where a portion of Starr Farm Park was included in the Residential Low (RL) district as opposed to the original Recreation, Conservation, and Open Space (RCO) district.

Article 4: Zoning Maps and Districts

PART 4: BASE ZONING DISTRICT REGULATIONS

Sec. 4.4.5 Residential Districts(a) Purpose:

As Written

The Residential districts as illustrated in Map 4.4.5-1 are further described as follows:

1. The Residential Lower Intensity (Residential Low, RL) – As Written

2. The Residential Medium Intensity (Residential Medium, RM) – As Written

3. The Residential High Intensity (Residential High, RH) – As Written

4. The Residential Corridor (RC) district is intended for residential development that includes a mix of housing types such as duplex, triplex, quadplex, townhouse, and mid-sized, multi-unit and mixed-use buildings along major multi-modal transportation corridors that are adjacent to low intensity districts. Single-family detached dwellings are limited to buildings originally built for such purpose. New and infill development may be located closer to the street than historic development patterns, with building heights ranging from two to three and a half up to four stories and high lot coverage. Multiple Principal Uses are allowed, and neighborhood-serving commercial uses may be incorporated in existing or new buildings.

(b) Dimensional Standards

The 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 Lot Size, Frontage, Setback, and Lot Coverage Standards in Residential Districts

As Written.

Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residential Districts

1. Details regarding the measurement of and exceptions to height limits are found in Art 5.

2. Minimum dwelling unit size is 350 sq. ft.

3. Within RL and RM zones, lots may have up to one (1) Principal and one (1) Secondary structure per lot, except as may otherwise be allowed by Table 4.4.5-3 or Article 11.

4. Required on all building facesElevations. Minimum offset is 5 ft measured perpendicular to the building faceElevation in excess of 50 linear feet.

5. Except as otherwise may be permitted in Article 11, PUD, a Secondary Structure shall be placed behind the Principal Structure.

(c) Permitted and Conditional Uses:

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. Additional Residential Development Permitted In addition to any applicable development permitted according to Article 11- Planned Unit Development, the following additional development types and intensities shall be allowed within the Residential Districts, subject to the following standards.

A. Reserved

Table 4.4.5-3 Reserved

B. Residential Development BonusesThe following exceptions to maximum allowable residential standards in Tables 4.4.5-1 and 4.4.5-2 may be approved in any combination subject to the maximum limits set forth in Table 4.4.5-6 at the discretion of the DRB. Any bonuses that are given pursuant to this ordinance now or in the future shall be regarded as an exception to the limits otherwise applicable.

(i) Senior Housing for Older Persons and Individuals with Disabilities Bonus

Residential development in excess of the limits set forth in Tables 4.4.5-1 and 4.4.5-2 may be permitted by the DRB for senior housing provided the following conditions are met:

a) No less than twenty-five (25) per cent of the total number of units shall be reserved for low-moderate income households as defined by state or federal guidelines, including no less than ten (10) percent reserved for low-income households. (Projects taking advantage of this bonus are exempt from the Inclusionary Zoning requirements of Article 9, Part 1.);

b) The proposal shall be subject to the design review provisions of Art. 6;

c) A maximum of an additional 10-feet of building height may be permitted in the RH District; and,

d) Lot coverage and residential densities shall not exceed the following:

Table 4.4.5-4: Senior Housing for Older Persons and Individuals with Disabilities Bonus

(e) Effective Date. The amendments to this Section 4.4.5 that allow for a secondary structure within RL and RM zones, except as may otherwise be allowed by Article 11, are effective NovemberOctober 1, 2024.

Article 5: Citywide General Regulations PART 2: DIMENSIONAL REQUIREMENTS

Sec. 5.2.5 Setbacks

Setbacks between 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 structures and open spaces between them and to the street.

(a) As written.

(b) Exceptions to Yard Setback Requirements1. through 6. – As Written.

7. Driveways

Common or shared driveways and walkways along shared property lines and associated parking areas, including those to serve residential lots and developments per Sec. 4.4.5 (d) 4.A and Sec. 5.2.2, do not have to meet setback requirements along the shared property line. Other driveway encroachments may be permitted subject to Sec. 4.4.5 (d) 1.A. Tables 4.4.5-1 and 4.4.5-2.

8. As Written.

Article 7: Signs

PART 2: SIGN TYPES

Sec. 7.2.1 Sign TypesAll Signs shall meet the standards set forth in this Article, and the Sign Types described in this Part in Secs. 7.2.2 through 7.2.14 below.

(a) As written.

(b) The Sign Types permitted in each form or zoning district shall be as defined in Table 7.2.1-B below:

Article 13: Definitions

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.

Building Footprint: The sum of the area of the largest floor of a Building measured from the exterior Elevations. It does not include un-insulated porches if said areas are not used for human occupancy, nor protrusions in a wall (i.e. a bay window) if such protrusions do not create habitable area.

Elevation: An exterior wall of a Building.

**** Material stricken out deleted.

** Material underlined added.

Ordinances 2024/ZA-24-04 Neighborhood Code 2A, Part 1—Sec. 4.3.1, Map 4.3.1-1, Sec. 4.4.5(a)5, Map 4.4.5-1, Table 4.4.5-2, Sec.4.4.5(d)1.B. Table 4.4.5-4, Sec. 4.4.5(e), Sec. 5.2.5(b)7, Table 7.2.1-B, Art. 13.10/28/2024 CC PH Version