City of Burlington in the Year Two Thousand Twenty-Three an Ordinance in Relation to Comprehensive Development Ordinance Public Art ZA#22-09 | Ordinance Changes | Seven Days | Vermont's Independent Voice

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City of Burlington in the Year Two Thousand Twenty-Three an Ordinance in Relation to Comprehensive Development Ordinance Public Art ZA#22-09 

Published January 25, 2023 at 10:00 a.m.

Sponsor: Office of City Planning,
Planning Commission, Ordinance Committee
Public Hearing Date: 01/09/23
First reading: 08/15/22
Referred to: Ordinance Committee
Rules suspended and placed in all stages of passage:
Second reading: 01/09/23
Action: adopted
Date: 01/09/23
Signed by Mayor: 01/17/23
Published: 01/25/23
Effective: 02/15/23

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 3.1.2, Zoning Permit Required, and 13.1.2, Definitions, 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. – 18. As written.

19. Public art on private property shall not be required to obtain a zoning permit. If the art does not meet the standards below, it shall not be displayed.

a. The installation meets applicable building code for wind load, structural stability, mounting and any anchoring, to protect public health and safety;

b.The specific installation shall not be obscene, threatening based on characteristics that are protected under antidiscrimination laws, represent hate, or contain fighting words or incite violence;

c. If mounted on a historic structure, shall be installed so as to avoid damage to historic materials and shall be removable without causing permanent damage or diminish the integrity of the structure. If mounted to a masonry building, the fasteners shall penetrate mortar rather than masonry units so as to be repairable.

d. Within the Form Districts, the proposed art may not cause or increase any non-conformity to required dimensional standard under Section 14.4.13, Urban Design Standards (including, but not limited to Façade voids, transparency of glazing) nor under Section 14.3.13 Shopfront (Ground floor façade voids.)

e. Any public art installation shall not obstruct any path of ingress or egress, nor any identified ADA accessible route.

f. Any public art installation shall comply with all standards and factors set forth in existing City Bylaws and city and state ordinances.

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.

Public Art: Public art is a general term for forms of community expression. Public Art may be located in the public domain (rights-of-way), or on private property yet available for community viewing. Public art may be cast, carved, built, assembled, or painted, and include murals, sculpture, memorials, integrated architectural or landscape architectural work, painting, tapestry, mosaics, ceramics, stained glass, community art, digital new media, Earthworks, assemblage, installation art and performance. Installations may be transient or permanent.

* Material stricken out deleted.

** Material underlined added.

tm/KS: Ordinances 2022/Zoning Amendment – ZA 22-09, Public Art

Secs. 3.1.2 & 13.1.2


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