City of Burlington: In the Year Two Thousand Twenty-Six, An Ordinance in Relation to CDO – Technical Amendments and Minor Revisions ZA-26-01

ORDINANCE 6.5

• Sponsor: Office of City Planning, Planning Commission, Ordinance Committee
• Public Hearing Dates: 01/12/26
• First Reading: 12/01/25
• Referred to Ordinance Committee
• Second reading: 01/12/26
• Action: adopted
• Date: 01/12/26
• Signed by Mayor: 01/14/26
• Published: 01/21/26
• Effective: 02/10/26

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 Sec. 3.1.2 (c), Exemptions; Table 3.5.2-1, Zoning Districts; Sec. 3.5.3 (c), Exemptions; corrects a footnote referenced in Table 4.4.2-1, Dimensional Standards and Density; amends Sec. 4.4.2 (d) 3. B., Senior Housing; deletes and reserves footnote 8 in Table 4.4.5-1, Lot Size, Frontage, Setback, and Lot Coverage Standards in Residential Districts; corrects reference in Sec. 4.4.5. (d) 2. B.; corrects and clarifies Sec. 4.4.5. (d) 4. D.; amends Table 4.4.5-6, Housing for Older Persons and Individuals with Disabilities Bonus and Table 4.4.5-7, Maximum Intensity, Lot Coverage and Building Heights with Bonuses; amends Table 4.5.6-2, Frontage and Activation Standards and Sec. 4.5.5 (c) 2. C., Ground Floor Entries; amends Sec. 5.3.5 (a), Changes and Modifications; to remove reference to Sec. 5.2.3 (b) 10; corrects reference made to Sec. 5.2.6 (d) under Sec. 6.2.2 (m); amends Sec. 7.1.1, Authority and Intent; and Sec. 7.1.3 (h), Historic Marker; removes reference to Adaptive Reuse under Sec. 9.1.5 (b); Aligns table in Sec. 9.1.12, Additional Density and Other Development Allowances; to reflect base allowances amended under ZA-25-02; amends Sec. 9.2.2, Applicability; amends Sec. 9.2.10 (c); corrects a reference to Table 11.1.5-2 in Article 11; amends reference to and the Footnotes 1 and 2 in Table 11.1.5-2, Residential District Planned Unit Development Setback Standards; modifies Article 13 by deleting definitions for “Elderly Housing”, “Housing, Senior”, and “Senior Housing”, adding the definition for “Building” from Article 14, amends the definition for Planned Unit Development; and amends the definition of “Building” in Section 14.8, Glossary; thereof to read as follows:

***

Article 3: APPLICATIONS, PERMITS, AND PROJECT REVIEWS

PART 1: GENERAL PROVISIONS AND ZONING PERMITS

***

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. – 10. As Written

11. All structures Buildings, as defined in Article 13, of 24 square feet or less and no taller than 15 feet, as long as they are located in compliance with applicable setbacks. This exemption is limited to 1 such structure, or multiple structures in aggregate up to 24 square feet, per property. This exemption does not apply to properties located within the Special Flood Hazard Area.

12. – 21. As Written

(d) As written

***

Article 3: APPLICATIONS, PERMITS, AND PROJECT REVIEWS

***

PART 5: CONDITIONAL USE AND MAJOR IMPACT REVIEW

***

Sec. 3.5.2 Applicability

(a) Conditional Use Review – 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

1Developmewnt Footprint: total area of impervious coverage — buildings and parking.
2Farm structures are exempt per 10 VSA 6001.

In addition, Major Impact Review shall also be required for multiple projects undertaken by the same applicant or responsible party within any consecutive twelve (12) month period on the same or adjacent property that in the aggregate equal or exceed the above criteria.

Sec. 3.5.3 Exemptions

Major Impact Review shall not be required for applications involving one or more of the following:

(a) Temporary structures that do not otherwise involve a conditional use;

(b) Rehabilitation that does not expand the floor area of an existing building or the structural capacity of existing development;

(c) Projects that do not result in a change of use; or increased parking demand,

(d) Subsurface site improvements including but not limited to underground utility lines and subsurface drainage ways; and,

(e) Projects where the scope and authority of municipal regulation is limited by statute pursuant to 24 VSA 4413.

***

Article 4: ZONING MAPS AND DISTRICTS

***

PART 4: BASE ZONING DISTRICT REGULATIONS

***

Sec. 4.4.2 Neighborhood Mixed Use Districts

(a) Purpose – 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:

(c) Permitted and Conditional Uses – As Written

(d) District Specific Regulations

1. – 2. As Written

3. Development Bonuses/Additional Allowances

A. Inclusionary Housing – As Written

B. Senior Housing Housing for Older Persons and Individuals with Disabilities

A maximum of an additional 10-feet of building height, and corresponding FAR, may be permitted at the discretion of the DRB in the NAC and NAC-Riverside districts where no less than twenty-five per cent (25%) of the total number of onsite units are reserved for projects including exclusively housing for Older Persons (as defined by the federal Fair Housing Act), housing for Individuals with Disabilities (as defined by the federal Americans with Disabilities Act), or a mixture exclusively thereof, low moderate income senior households as defined by state or federal guidelines including no less than ten percent (10%) reserved for low income households. The total gross floor area dedicated to the senior housing housing for older persons and individuals with disabilities shall be equivalent to the gross floor area resulting from the additional allowance. Increased lot coverage allowance for senior housing such projects in these districts shall be the same as for inclusionary housing (see Sec. 9.1.12)

C. Maximum Bonus: —As written

***

Sec. 4.4.5 Residential Districts

(a) Purpose – As Written

(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

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

Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residental Districts
As written

(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 – As written

2. Exceptions to Dimensional Standards

A. Encroachment into Side Setback for Residential Driveways – As written

B. Encroachment into the Waterfront Setback

The following exceptions to the required waterfront setback for Lake Champlain and the Winooski River established under Sec. 4.5.4 Article 4, Table 4.4.5-1, footnotes 7 and 8.

(i) and (ii) As written

C. – D. As written

3. Exception for Neighborhood Commercial Uses – As written

4. Miscellaneous Standards

A. – C. As written

D. Additional Unit on lot or within Owner-Occupied Single Detached Dwelling

Where an existing Principal Structure in any Residential Zoning District contains only an owner-occupied Single Detached Dwelling, and an applicant proposes to add a single additional dwelling unit within the Principal Structure or within a detached Secondary Structure on the same lot as the owner-occupied home, the application shall be subject to administrative review and approval according to Sec.3.2.7 (a) 13, and exempt from paying impact fees, according to Sec. 3.3.1. 3.,except where otherwise required

5. Residential Development Bonuses

The 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.

A. 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 projects including exclusively housing for Older Persons (as defined by the federal Fair Housing Act), housing for Individuals with Disabilities (as defined by the federal Americans with Disabilities Act), or a mixture exclusively thereof provided the following conditions are met:

(i) – (iii) As Written

Table 4.4.5-6: Housing for Older Persons and Individuals with Disabilities Bonus

B. Residential Conversion Bonus – As written

C. Limitations on Residential Development Bonuses:

For projects where the conditions of more than one applicable bonus listed above and under Sec. 5.4.8 (e) are met, and where any applicable development allowances per Article 9 are utilized, the applicant may use the most permissive exemption to the underlying lot coverage or residential intensities applicable.

In no case shall any development bonuses and allowances granted, either individually or in combination, enable a building to exceed the maximum development intensity, lot coverage, and building height permitted in any district as defined below:

Table 4.4.5-7: Maximum Intensity, Lot Coverage and Building Heights with Bonuses

(c) Effective Date – As Written

***

Article 4: ZONING MAPS AND DISTRICTS

***

PART 5: OVERLAY ZONING DISTRICT REGULATIONS

***

Sec. 4.5.6 South End Innovation District Overlay

***

(a) – (b) – As written

(c) District Specific Regulations

Table 4.5.6-1 SEID Dimensional Standards & Density As written

1. Dimensional Standards & Density – As Written

Table 4.5.6-2: Frontage and Activation Standards

2. Frontage and Ground Floor Activation Standards

A – B. – As Written

C. Ground Floor Level Entries: At least one ground level floor public entry into a building or interior courtyard or open space, not including service doors, is required each 60’ linear feet along a Primary frontage of each building facade fronting on a Street, Public Path or open space on the same lot.

3. – 4. As written

***

Article 5: CITYWIDE GENERAL REGULATIONS

***

PART 3: NON-CONFORMITIES

***

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. Such a change or modification may reduce the degree of nonconformity and shall not increase the nonconformity except as provided below.

Within the residential districts, and subject to Development Review Board approval, existing nonconforming single family homes and community centers (existing enclosed spaces only) that project into side and/or rear yard setbacks may be vertically expanded so long as the expansion does not encroach further into the setback than the existing structure. Such expansion shall be of the existing nonconformity (i.e. setback) and shall:

i) Be subject to conformance with all other dimensional requirements (i.e. height, lot coverage, density and intensity of development);

ii) Not have an undue adverse impact on adjoining properties or any public interest that would be protected by maintaining the existing setbacks; and,

iii) Be compatible with the character and scale of surrounding structures.

Existing accessory buildings of 15 feet in height or less shall not exceed 15 feet tall as expanded.

Within all districts and subject to the Development Review Board approval, structures for the purpose of creating an ADU may be constructed on lots with legally non-conforming lot coverage per Sec. 5.2.3(b)10.

2. – 3. As written

(b) As written

***

Article 6: DEVELOPMENT REVIEW STANDARDS

***

PART 2: SITE PLAN DESIGN STANDARDS

***

Sec. 6.2.2 Review Standards

(a) – (l) As written

(m) Landscaping, Fences, and Retaining Walls

Landscaping shall be used to beautify the development site and to provide specific functions and benefits to the uses and buildings on the site. These include but are not limited to stormwater retention and erosion control, winter windbreaks and summer shade, recreational and habitat corridors, buffers and screening of parking areas, and creating privacy for and from adjacent property.

Existing trees shall be retained and incorporated into a landscape plan to the extent possible, and existing trees to be retained shall be protected during construction in accordance with specifications provided by the city arborist. Contiguous green space, both within the site and with adjacent properties, should be provided on a site whenever possible and be designed to provide wildlife travel corridors and habitat preservation, as well as enabling recreational access. If open space is intended to be publicly accessible, it shall be designed to maximize accessibility for all individuals including the disabled, encourage social interaction, and facilitate ease of maintenance. Along the street edge, landscaping shall be used to provide a visual buffer into parking areas from the public street and reinforce the streetscape.

The selection of plant materials and planting sites should create a sustainable landscape, and consideration shall be given to factors such as hardiness, salt tolerance, disease resistance, invasiveness, root and canopy spread, underground and overhead utilities, soil conditions, and microclimates. The use of native plant materials is encouraged, and the use of plants considered invasive by VT Agency of Agriculture shall be prohibited. For more information on sustainable landscapes, applicants are encouraged to consult Planting Sustainable Landscapes: A Guide for Plan Reviewers prepared for the Vermont Department of Forests Parks and Recreation by the Vermont Chapter of the American Society of Landscape Architects.

New or replacement street trees shall be provided consistent with the city’s Street Tree Master Plan. All proposed street trees shall be selected and planted in accordance with specifications provided by the city arborist.

Fences may be placed within the required setback along a property line, but shall be setback sufficiently to provide for the maintenance of both sides of the fence without entering onto the adjacent property and shall present a finished side to the adjoining property and public street. Fences placed within a clear sight triangle shall adhere to the standards of Sec. 5.2.6 (d). Styles, materials, and dimensions of the proposed fence shall be compatible with the context of the neighborhood and the use of the property.

Retaining walls greater than 5 feet tall shall incorporate textured surfaces, terracing, and/or vegetation to avoid long monotonous unarticulated expanses and to minimize adverse visual impacts to neighboring properties. As with fences, retaining wall styles, materials, and dimensions shall be compatible with the context of the neighborhood and use of the property.

(n) – (o) As written

***

Article 7: SIGNS

PART 1: GENERAL PROVISIONS

Sec. 7.1.1 Authority and Intent

These regulations are enacted under the provisions of 24 V.S.A. Section 4411 with the intent to ensure that all Signs and advertising features:

(a) – (e) As written

Any sign or advertising feature not expressly permitted by this ordinance shall be prohibited.

***

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 sign, either a Wall Sign sixteen square feet or less in size or a Freestanding Yard sign of 14 square feet or less and 12 feet tall or less, commemorating the historic significance of a building or site.

(i) – (j) As written

***

Article 9: INCLUSIONARY AND REPLACEMENT HOUSING

PART 1: INCLUSIONARY ZONING

***

Sec. 9.1.5 Applicability

This ordinance provision shall apply to any development of five or more residential units in a single structure. Multiple developments or projects by the same applicant or responsible party within any consecutive twelve (12) month period that in the aggregate equal or exceed the above criteria shall be subject to these regulations.

Except as otherwise provided in this ordinance, these regulations shall apply in the instances specified below.

(a) The creation of five (5) or more residential units through new construction and/or substantial rehabilitation of existing structures, including the development of housing units utilizing development provisions other than those specified in Sec 9.1.5 (b).

(b) Where units are created using the Adaptive Reuse or Residential Conversion criteria pursuant to the provisions of Art 4, Sec 4.4.5, this article shall be applicable when at least ten (10) or more dwelling units are created.

(c) – (d) 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 table:

Table 9.1.12-1 Additional Density and Other Development Allowances

(b) – (d) As written

***

Article 9: INCLUSIONARY AND REPLACEMENT HOUSING

***

PART 2: HOUSING PRESERVATION AND REPLACEMENT/DEMOLITION AND CONVERSION

***

Sec. 9.2.2 Applicability

Except as otherwise provided for in Section 9.2.10, this Part is applicable to the loss, demolition, or conversion to a nonresidential use of any housing unit in the City, including those demolished or declared unfit for habitation pursuant to any order, decision or other action of the city’s office of inspection services. An example of a loss of a housing unit would be the change from a duplex to a single family home.

The conversion to a nonresidential use of any housing unit located on the ground floor of a building within a form or mixed-use zoning district shall be exempt from the provisions of this Part.

***

Sec. 9.2.10 Exemptions

This article shall not be applicable to:

(a) – (b) As written

(c) The demolition, loss, or conversion to a nonresidential use of a single attached or detached housing unit or duplex that is occupied by the owner as his or her primary residence for the twelve-(12) month period preceding the date of application for conditional use approval. Nor shall this section be applicable in its replacement requirement to that portion of a multi-unit building of three (3) units or more that is occupied by the owner as his or her primary residence for the thirty-six-(36) month period preceding the date of application for conditional use approval. Any exemption allowed under this provision shall be void if the owner sells any of the applicable units within twenty-four (24) months of the date of conditional use approval; and,

(d) As written

***

Article 11: PLANNED DEVELOPMENT

Part 1: PLANNED UNIT DEVELOPMENT

***

Sec. 11.1.5 Residential District Planned Unit Developments.

(a) Dimensional Standards

Unless otherwise stated, Planned Unit Development standards are required to follow the underlying district dimensional standards.

1. A Planned Unit Development with Project Size of less than 0.5 acres and consisting of a Pocket Neighborhood or Rowhouse project, shall be allowed, subject to underlying standards in Sec. 4.4.5(d)1.

2. A Planned Unit Development with Project Size of 0.5 acres or more shall be allowed, subject to the standards established below in Table 11.1.5 -1 and Table 11.1.5-2.

Table 11.1.5-1 Residential District Planned Unit Development Intensity Standards – As written

The Development Review Board may exempt Planned Unit Developments existing as of January 1, 2024 from any standard in Table 11.1.35-2.

Table 11.1.5-2 Residential District Planned Unit Development Setback Standards

Table 11.1.5-2 Residential District Planned Unit Development Setback Standards

1. Buildings with a footprint greater than 5,000 sq. ft. must be set back at least 50 feet from any adjacent Lot not within the PUD and located in an RL or RM district. However, this footnote shall not apply to the Residential – Special Uses specified in footnote 6 of Table 4.4.5-2.

2. Buildings fully contained in the RL and RM districts with a footprint greater than 5,000 sq. ft. must have a front project periphery setback of at least 50 feet. This footnote does not apply to any building that partially occupies any portion of a lot zoned RC, nor does it apply to Residential – Special Uses specified in footnote 6 of Table 4.4.5-2.

3. Front setbacks shall be measured from the edge of the Right-of-Way that is fully internal to the project, to which the building draws its frontage. Buildings must be at least 10’ from the curb or edge of a public Right-of-Way if no curb exists, except where the ROW is a Public Path, in which case the building must be at least 5’ from the edge of the Public Path.

***

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: Not synonymous with Structure; man-made construction completely enclosed by a roof, window, doors and solid exterior walls, and designed, built, or occupied as a shelter of enclosure for persons, animals, or property.

***

Elderly Housing: See Housing, Senior

***

Housing Senior: Housing that is designed for, and is occupied primarily by, those persons fifty-five (55) years of age or older.

***

Planned Unit Development: A development plan for one or more lots, tracts, or parcels to be developed as a single, integrated entity. See Article 11 for specific provisions. One or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to lot size, bulk or type of dwelling or building use, density, intensity, lot coverage, parking, required common open space or other standards, pursuant to the authority and limitations set forth in the comprehensive master plan and 24 V.S.A.4417 as amended.

***

Senior Housing: see Housing, Senior

***

Article 14 PlanBTV Downtown Code

Section 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:

***

Building: not synonymous with Structure, manmade construction completely enclosed by a roof, window, doors and solid exterior walls, and designed, built or occupied as a shelter of enclosure for persons, animals, or property. See definition for “Building” in Article 13.

***

* Material stricken out deleted.

** Material underlined added.

Planning/KS/ Ordinances 2026/ZA-26-01 Technical Corrections and Minor Revisions

CDO Sections 3.1.2(c); Table 3.5.2-1; Sec 3.5.3(c); Table 4.4.2-1, Sec. 4.4.2 (d) 3 B; Table 4.4.5-1; Sec. 4.4.5(d) 2 B; Sec 4.4.5 (d) 4 D; Table 4.4.5-6; 4.4.5-7; Table 4.5.6-2; Sec 4.5.6 (c)2 C; Sec 5.3.5(a); Sec 6.2.2 (m); Sec 7.1.1; Sec 7.1.3; Sec 9.1.5; Table Sec 9.1.12; Sec. 9.2.2; Sec 9.2.10 (c); Table 11.1.5-2; Article 13; and Sec. 14.8.

CC 1/12/26