City Of Burlington In the Year Two Thousand Twenty-Three An Ordinance in Relation to CDO—SETBACKS ZA-23-03 

ORDINANCE 8.4

Sponsors: Planning, Planning
Commission
Public Hearing Date: 10/23/23
First reading: 09/11/23
Second reading: 10/23/23
Action: adopted Date: 10/23/23
Signed by Mayor: 10/30/23
Published: 11/08/23
Effective: 11/29/23

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 5.2.5, Setbacks; 6.2.2, Review Standards; and 14.4.13, Urban Design Standards; thereof to read as follows:

Sec. 5.2.5 Setbacks

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

(a) Setbacks Required:

Unless otherwise authorized or specified under the district-specific provisions of Article 4, which shall be controlling over these provisions, a setback shall be provided between any proposed structures and/or site features, and the front, side and rear yard property lines as follows: (See Art. 13 for definitions of "setback" and "yard.")

1. Front yard. In order to maintain the existing pattern of development along a given street, both a minimum and maximum front yard setback shall be maintained where required under Article 4.

A. The minimum front yard setback for any structure shall be the average of the front yard setback of principal structures in lawful existence as of the adoption of this ordinance on the two (2) neighboring lots on either side and within the same block and having the same street frontage. Among the comparative sample of four neighboring properties, one may be removed from the averaging calculation.

*in Example 2 above, the property with a 20' setback is excluded from the calculation"

***all other examples remain as illustrated

B-C. As written.

2-3. As written.

(b) Exceptions to Yard Setback Requirements:

The following projections into required yard setbacks may be permitted subject to the standards of Article 6 to ensure compatibility with neighboring properties:

1. Abutting Buildings with Doors or Windows: Where the façade of an existing adjacent principal building is within 5 feet of the common property line and has either doors or windows, a setback of 10-feet shall be required for any new development up to the height of the abutting building in any district where no setback is required. New Buildings, additions, or significant improvements to existing Buildings placed on a side or rear property line, or within 10 feet of another building, where no setback is required are subject to construction material and building opening restrictions as established in the effective Building Code.

2. Building or Site Features: Eave, sills, roof overhangs, cornices, steps to first floor entries, walkways, ramps for the disabled, fences, walls, and similar building and site features may project into a required yard setback. Building and site features outside of the building envelope, including but not limited to eaves, sills, roof overhangs, cornices, steps to first floor and basement entries, window wells, walkways, ramps for people with disabilities, fences and walls may project into a required yard setback. Such projecting building features are subject to construction material and building opening restrictions as established in the effective Building Code.

3-8. As written.

Sec. 6.2.2 Review Standards

(a)-(g) As written

(h) Building Location and Orientation

The introduction of new buildings and additions shall maintain the existing development pattern and rhythm of structures along the existing streetscape. New buildings and additions should be aligned with the front façade of neighboring buildings to reinforce the existing "street-edge," or where necessary, located in such a way that complements existing natural features and landscapes. Buildings placed in mixed-use areas where high volumes of pedestrian traffic are desired should seek to provide sufficient space (optimally 12-15 feet) between the curbline and the building face to facilitate the flow of pedestrian traffic. In such areas, architectural recesses and articulations at the street-level are particularly important, and can be used as an alternative to a complete building setback in order to maintain the existing street wall.

Principal buildings shall have their main entrance facing and clearly identifiable from the public street. The development of corner lots shall be subject to review by the city engineer regarding the adequacy of sight distances along the approaches to the intersection. To the extent practicable, development of corner lots in non-residential areas should try to place the building mass near the intersection and parallel to the street to help anchor the corner and take advantage of the high visibility location.

In residential areas, accessory buildings shall be located in such a way so as to be secondary and subordinate in scale and design to the principal structure. A parking structure – either attached or detached – shall be setback from the longest street-facing wall of the principal structure and be deferential yet consistent in character and design. Where a front yard setback is required, any street-facing garage wall containing garage doors shall be set back a minimum of 25' from the front property line to prevent parked vehicles from blocking the public sidewalk. Where a garage is not oriented towards the street (i.e. the garage doors face the rear or side yard), the street-facing garage wall shall have windows or doors or other features that break-up the mass into smaller elements, and be blended with the character of the residential portion of the structure.

Where a garage is attached to a principal single-family or duplex residential structure and oriented to the street (i.e. the garage doors face the street) the following standards shall apply:

1. -5. As written.

***illustrations remain unchanged

(i) – (p) As written.

Sec. 14.4.13 – Urban Design Standards

While traditional architectural styles and forms are welcome, a diversity of traditional, neo-traditional, and modern architectural styles and forms are highly encouraged in order to both reflect and advance the evolution and diversity of Burlington's built environment. Regardless of the architectural style used, there remain a number of fundamental urban design standards that must be addressed in order to ensure the creation of a dynamic, engaging, and pedestrian-oriented streetscape.

The following urban design standards shall be applicable to all new construction and Substantial

Modification of all Buildings in the Downtown and Waterfront District:

a) - d) As written

e) Walls:

i-iv. As written.

v. New buildings, additions, or significant improvements to existing Buildings placed on a side or rear property line or within 10 feet of another building, where no setback is required shall contain neither doors nor windows along such elevation in order to prevent unnecessary limitations on the development of adjacent property are subject to construction material and building opening restrictions as established in the effective Building Code.

vi. As written.

f) – i) As written.

* Material stricken out deleted.** Material underlined added.

Planning/KS/Ordinances 2023/ZA-23-03 SetbacksCDO Sections 5.2.5, 6.2.2, and 14.4.1310/19/23