ORDINANCE 8.3
Sponsor: Office of City Planning, Planning Commission, Ordinance Committee
First reading: 04/14/25
Referred to: Ordinance Committee
Second reading: 06/02/25
Action: adoptedDate: 06/02/25Signed by Mayor: 06/04/25
Published: 06/25/25
Effective: 07/15/25
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 amends Sec. 3.3.3(a) Impact Fee Exceptions and Waivers; Sec. 3.4.2(b) Design Review Applicability; moves Map 4.5.1-1 Design Review Overlay District to Sec. 3.4.2(b) as amended and renumbers Map 3.4.2; amends Article 4, Sec. 4.4.5(d) by: modifying Tables 4.4.5-1 Lot Size, Frontage, Setback, and Lot Coverage Standards in Residential Districts and Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residential Districts; replaces the previously Reserved Sec. 4.4.5 (d) 1 A. with Pocket Neighborhoods; modifies the formerly reserved Table 4.4.5-3 to establish Pocket Neighborhood Standards; creates and moves Sec. 4.4.5 (d) 1 B. Residential Development Bonuses to a new section, Sec. 4.4.5 (d) 5.; creates Sec. 4.4.5 (d) 2 B. Rowhouses and re-numbers subsequent tables within the subsection; amends the newly-moved Sec. 4.4.5 (d) 5. Residential Development Bonuses by modifying Sec. 4.4.5 (d) 5. A., Sec. 4.4.5 (d) 5. B., Sec. 4.4.5 (d) 5. C., and, deleting Table 4.4.5-5 Residential Conversion Bonus, and renumbering and reformatting subsections and tables; creates Sec. 4.4.5-2 (d) 2. D. Exceptions to Maximum Building Footprint Limit; creates Sec. 4.4.5 (d) 4. D. Additional Unit; deletes Sec. 4.5.1 Design Review Overlay District and reserves section; modifies Sec. 5.2.2 Required Frontage or Access; deletes Sec. 5.2.3 (b) 10 under Exceptions to Lot Coverage.; deletes Sec. 5.4.5 Accessory Dwelling Units; modifies Sec. 6.2.2 (h) Building Location and Orientation and Sec 6.2.2 (l) Parking and Circulation; modifies Sec. 11.1.3 General Requirements & Applicability by modifying Table 11.1.3-1 Planned Unit Development Project Size Standards; creates Sec. 11.1.5 Residential District Planned Unit Developments; creating Table 11.1.5-1 Planned Unit Development Project Size Standards; creating Table 11.1.5-2 Planned Unit Development Standards; renumbers Secs. 11.1.6-7; and modifies Article 13 by creating a definition for Pocket Neighborhoods and Rowhouses; thereof to read as follows:
Article 3: Applications, Permits, and Project Reviews
PART 3: IMPACT FEES
Sec. 3.3.3 Exemptions and Waivers
(a) Exemptions:
The following types of development are exempt from this Part:
1. – 4. As Written
5. The creation of an Additional Unit on lot or within Owner Occupied Single Detached Dwelling as described in Sec. 4.4.5 (d) 4. D.
Article 3: Applications, Permits, and Project Reviews
PART 4: SITE PLAN AND DESIGN REVIEW
Sec. 3.4.2 Applicability
(a) As Written
(b) Design Review:
No structure may be erected, reconstructed, substantially altered, restored, moved, or demolished or any site improvement or modification made without approval subject to the provisions of this part and the review criteria described in Art 6 Design Review shall be required for the approval of all development subject to the provisions of this ordinance within the following geographic areas or for all development subject to the following provisions:
1. For any projects located within the geographic areas as delineated as applicable on Map 3.4.2-1. the Overlay District as defined in Article 4, Sec. 4.5.1, and any of the following:
2. For any projects within geographic areas delineated as not applicable on Map 3.4.2-1 but that are subject to the following provisions:
1.a. Any development subject to the provisions of Article 3, Part 5 – Conditional Use and Major Impact Review;
2.b. Any development subject to the provisions of Article 5, Part 3 – Non-Conformities;
3.c.Any development subject to the provisions of Article 5, Part 4 – Special Use Regulations;
4d.Any development subject to the provisions of Sec. 7.1.6 Non-Conforming Signs and Article 7, Part 3 Sign Plans;
5.e. Any development subject to the provisions of Article 10 – Subdivision;
6.f.Any development subject to the provisions of Article 11 – Planned Development; and,
g. A project within an RL District where a building contains 3 or more units or proposes more than one building on a lot subject to Sec. 4.4.5.
7.h. Any development made subject to the provisions of this Part by direct reference not otherwise noted here.
Design Review shall not be required for:
1. Single detached dwellings and duplex dwellings within an RL district not otherwise subject to any of the above provisions.
2. All applications subject to the planBTV: Downtown Code under Art. 14, which shall be exempt from review under this section, and the development review principles and standards contained in Article 6 – Development Review Standards, and instead shall be subject to the requirements of Article 14.
Map 3.4.2-1 Design Review Overlay {moved from 4.5.1.-1 and corrected to resolve any gaps between current Design Review Overlay District and the changes in district boundaries made in ZA-24-02 by including areas that were previously re-zoned from RL to RM or RC as part of the Design Review Overlay District}
Article 4: Zoning Maps and Districts
PART 4: BASE ZONING DISTRICT REGULATIONS
Sec. 4.4.5 Residential Districts
(a) 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
***removal of reference to footnote 10***
Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residential Districts
(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 Pocket Neighborhoods
A Pocket Neighborhood is a group or cluster of small detached houses or two-unit attached houses that share a common area.
(i) Development Standards
Unless otherwise stated, Pocket Neighborhood standards are required to follow the underlying district dimensional standards in table 4.4.5-1
(ii) Building and Site Standards
a) Lot Size: Pocket Neighborhoods must have a Minimum Lot Size of 4,000 sq. ft.
b) Principal Structure: Pocket Neighborhoods Pocket Neighborhoods may have a Principal Structure adhering to the requirements listed in Table 4.4.5-2.
c) Pocket Neighborhood Dwelling Units must adhere to the standards in Table 4.4.5-3 below. However, Principal Structures are subject to the standards in Tables 4.4.5-1 and 4.4.5-2:
d) Building Separation: Within a pocket neighborhood, buildings shall be separated by a minimum distance of 6 feet.
e) Building Orientation: Dwellings shall be oriented toward and within 60 feet walking distance of the Common Area. However, this standard shall not apply to a Principal Structure in existence at the time of application. Table 4.4.5-3: Pocket Neighborhood Standards
(iii) Common Area Requirements
a) Pocket Neighborhoods shall have a Common Area that is a minimum of 400 square feet per Dwelling made up of either a continuous open space or a series of interconnected open spaces.
b) No portion of the Common Area may be less than 20 feet in width or length.
c) Surface parking areas and driveways do not qualify as a Common Area.
d) A minimum of 75% of a Common Area shall be Usable Open Space.
e) Common Areas shall not include areas of steep slopes greater than 15%.
(iv) Common Building Requirements
a) Common Buildings are intended to be utilized as a community building for the sole use of the Pocket Neighborhood Residents.
b) Common Buildings are not required in Pocket Neighborhoods.
c) May take up to 25% of the required common open space, but no greater than 1,500 square feet.
d) Uses of the common building must be accessory to the Pocket Neighborhood.
(v) Parking Requirements for Pocket Neighborhoods
a) Driveway and parking areas shall meet the standards outlined in Articles 6 and 8.
b) If on-site parking is provided, the parking area shall be consolidated to minimize the number of parking areas, except as otherwise provided for in Article 6, Sec. 6.2.2(1).
c) Off-street parking can be located within a Common Building, provided that the ingress/egress to such parking is not oriented toward or fronting on the Common Area.
d) Single- and two-car garages and carports may be attached to individual residential structures, provided such garages are oriented toward the rear of the structure.
B. Rowhouses {Residential Development Bonuses moved to new number 5 below}
A Rowhouse is a principal structure containing one or two units that is attached in a row of no fewer than two (2) rowhouses.
(i) Development Standards
Unless otherwise stated, Rowhouse standards are required to follow the underlying district dimensional standards in table 4.4.5-1
(ii) Vehicular Access
Unless otherwise stated, vehicular access standards are required to follow Sec. 6.2.2(i). In a Rowhouse development consisting of only two Rowhouses, access shall be provided by no more than one curb cut serving both dwelling units. A Rowhouse development consisting of three or more Rowhouses shall be accessed by a rear alley with a minimum width of 15 feet. In a Rowhouse development consisting of three or more Rowhouses, a garage attached to a Rowhouse and oriented toward the street is prohibited.
(iii) 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 4.4.5-4 Rowhouse Lot and Site Standards
Table 4.4.5-5 Rowhouse Principal & Secondary Structure Massing & Intensity Standards
2. Exceptions to Dimensional Standards
A. through C – As Written
D. Exceptions to Maximum Building Footprint Limit
(i) Except as provided for in (ii) below, existing structures legally existing as of January 1, 2024 in excess of the building footprint limits in Table 4.4.5-2 shall not be considered non-conforming. Such buildings shall only be allowed to be converted, adaptively reused, or enlarged, including for the purpose of adding additional units, within the limits this part or as otherwise permitted in Sec. 5.4.8 or Article 11.
(ii) Single-family homes legally existing as of January 1, 2024 in excess of the building footprint limits in Table 4.4.5-2 may be expanded to 125% of the pre-existing footprint, as long as no additional units are added.
3. Exception for Neighborhood Commercial Uses
As Written
4. Miscellaneous Standards
A. through 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. 3.3.3., 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.(i) 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) 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.);
(ii) b) The proposal shall be subject to the design review provisions of Art. 6;
(iii) c)A maximum of an additional 10-feet of building height may be permitted in the RH District; and,
(iv) d) Lot coverage, height, and development intensity shall not exceed the following. The maximum dwelling units per building in Table 4.4.5-2 may be waived subject to the DRB approval under Article 11. and residential densities shall not exceed the following:
Table 4.4.5-46: Housing for Older Persons and Individuals with Disabilities Bonus
B. (ii) Residential Conversion Bonus
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 subject to conditional use review for the conversion of an existing non-conforming nonresidential principal use to a conforming residential use subject to all of the following conditions:
a) Any applicable lot coverage, height, FAR, and units per building limits may be modified by the DRB up to a limit of 100% of the pre-application coverage, height and GFA condition. Lot coverage and residential densities shall not exceed the following:
C. (iii)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 densitydevelopment intensity, lot coverage, and building height permitted in any district as defined below:
Table 4.4.5-76: Maximum Intensity, Lot Coverage and Building Heights with Bonuses
(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 November 1, 2024.
Article 4: Zoning Maps and Districts
PART 5: OVERLAY ZONING DISTRICT REGULATIONS
Sec. 4.5.1 Reserved Design Review Overlay District ***Entire subsection deleted***
Map 4.5.1-1: Design Review Overlay***moved to Map 3.4.2-1******
Article 5 Citywide General Regulations
PART 2: DIMENSIONAL REQUIREMENTS
Sec. 5.2.2 Required Frontage or Access
No subdivision of land may be permitted on lots that do not have frontage on a public road or public waters, except for rowhouses. For rowhouses only, access to such road or waters may be provided by a permanent easement of at least twenty-five (25) feet in width.
For lots that have access on both a public road and public waters, only the access on a public road shall be considered for the frontage required under this ordinance . For lots of record existing as of April 26, 1973, subdivision may be permitted with approval of the DRB, if access to such road or public waters exists by a permanent easement or right-of-way of at least twenty-five (25) feet in width.
Sec. 5.2.3 Lot Coverage Requirements
Where a maximum lot coverage is specified pursuant to the requirements of Article 4, no building or part of a building or impervious surface or other form of coverage shall exceed such maximum allowable except as specifically authorized by this ordinance.
(a) Calculating Lot Coverage:
As Written
(b) Exceptions to Lot Coverage:
In all districts, the following shall not be counted as lot coverage:
1. through 9. – As Written
10. For lot area occupied by an ADU, the DRB may approve up to 650 sq. ft. additional lot coverage over existing lot coverage, even if present or proposed lot coverage exceeds the standard lot coverage limits. To grant such an exemption, the DRB must find that the existing lot coverage has been lawfully created, and that the proposed location, site design, and improvements will enable on-site management of the first one inch of stormwater runoff from the lot area of the ADU exceeding the applicable lot coverage limit, and will not have undue adverse impact on public rights of way based on the review of the DPW Stormwater Program Manager. *
Article 5: Citywide General Regulations
PART 4: SPECIAL USE REGULATIONS
Sec. 5.4.5 Accessory Dwelling Units*** entire section deleted***
Article 6: Development Review Standards
PART 2: SITE PLAN DESIGN STANDARDS
Sec. 6.2.2 Review Standards
(a) – (g) – As Written
(h) Building Location and Orientation
The introduction of new buildings and additions shall be consistent with the intent of the district. 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 except as allowed in Sec. 5.2.2 and Sec. 11.1.5. 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. ***rest of subsection as written***
(i) – (p) – As Written
(l) Parking and Circulation
To the extent possible, parking should be placed at the side or rear of the lot and shall be screened from view from surrounding properties and adjacent public rights of ways. ***rest of subsection as written***
Article 11: Planned Development
PART 1: PLANNED UNIT DEVELOPMENT
Sec. 11.1.1 Intent. – As Written
Sec. 11.1.2 Authority. – As Written
Sec. 11.1.3 General Requirements and Applicability
With the exception of development subject to the requirements of Art 14, any development involving multiple lots, tracts or parcels of land to be developed as a single entity, or seeking to place multiple structures and/or uses on a single lot where not otherwise permitted, may be permitted as a PUD subject to the provisions of this Article.
A planned unit development may be permitted subject to minimum project size as follows in the following districts:
Table 11.1.3-1 Planned Unit Development Project Size Standards
Sec. 11.1.4 Modification of Regulations
As Written
Sec. 11.1.5 Approval Requirements 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
The Development Review Board may exempt Planned Unit Developments existing as of January 1, 2024 from any standard in Table 11.1.3-2
Table 11.1.5-2 Residential District Planned Unit Development Setback Standards
Sec. 11.1.56 Approval Requirements
As Written
Sec. 11.1.67 Non-Residential Facilities
As Written
***
Article 13: Definitions
Pocket Neighborhood: a group or cluster of small detached houses or two-unit attached houses that share a common area.
Rowhouse: a principal structure containing one or two units that is attached in a row of no fewer than two (2) rowhouses.
* Material stricken out deleted.
** Material underlined added.
***Special Instructions as noted.***
Entire amendment available at: https://burlingtonvt.portal.civicclerk.com/event/8175/files/attachment/9306