HomeMy WebLinkAboutO - Amended Land Development Regulations - Current LDRs Effective 2019-10-28575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Land Development Regulations
Adopted May 12, 2003
Amendments Adopted October 7, 2019
Amendments Effective October 28, 2019
South Burlington Planning Commission
Jessica Louisos, Chair
Bernie Gagnon, Vice-Chair
Monica Ostby, Clerk
Michael Mittag
Ted Riehle
Art Klugo
Duncan Macdonald
South Burlington City Council
Helen Riehle, Chair
Meaghan Emery, Vice-Chair
Tim Barritt, Clerk
Thomas Chittenden
David Kaufman
Planning & Zoning Staff
Paul Conner, AICP, Director
Cathyann LaRose, AICP, City Planner
Betsy Brown, Planning & Zoning Assistant
Dalila Hall, Administrative Officer
Marla Keene, PE, Development Review Planner
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TABLE OF CONTENTS ii
South Burlington Land Development Regulations
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TABLE OF CONTENTS iii
South Burlington Land Development Regulations
Table of Contents
1 Purpose and Title
1.01 Purpose and Compliance…………………………………………………………………… 8
1.02 Title…………………………………………………………………………………………………… 8
1.03 Seperability ……………………………………………………………………………………... 8
1.04 Effective Date & Implementation …………………………………………..……….. 8
2 Definitions
2.01 Rules of Construction, Intent & Usage………………………………….………….. 9
2.02 Specific Definitions …………………………………………….……………………………. 10
2.03 Definitions for Flood Hazard Purposes…………………………………………….. 48
3 General Provisions
3.01 Establishment of Districts & Description of Certain Districts …………… 55
3.02 Official Maps & Other Maps ………………………………………………………...... 57
3.03 District Boundaries …………………………………………………………………………. 58
3.04 Applicability of Regulations …………………………………………………………….. 59
3.05 Lots ………………………………………………………………………………………………... 59
3.06 Setbacks & Buffers ……………………………………………………………………….… 61
3.07 Height of Structures ……………………………………………………………………….. 64
3.08 Temporary Structures & Uses ………………………………………………………... 69
3.09 Multiple Structures & Uses …………………………………………………………….. 69
3.10 Accessory Structures & Uses ……………………………………………………….…. 71
3.11 Nonconformities …………………………………………………………..……………….. 73
3.12 Alteration of Existing Grade ……………………………………………………………. 76
3.13 General Performance & Maintenance Standards ……………………………. 77
3.14 Reasonable Accommodation to Ensure Equal Access to Housing……. 78
3.15 Residential and Commercial Building Energy Standards………………….. 79
4 Residential Districts
4.01 Residential 1 (R1) District ………………………………………………………………. 80
4.02 Residential 2 (R2) District ……………………………………………………………….. 81
4.03 Residential 4 (R4) District ……………………………………………………………….. 81
4.04 Residential 7 (R7) District ……………………………………………………………….. 82
4.05 Residential 12 (R12) District ……………………………………………………………. 82
4.06 Residential 7 with Neighborhood Commercial District …………………… 83
4.07 Lakeshore Neighborhood District …………………………………………………… 84
4.08 Queen City Park (QCP) District ……………………………………………………….. 84
5 Commercial Districts
5.01 Commercial 1 (C1) ………………………………………………………………………….. 86
5.02 Commercial 1 with Automobile Sales (C1-Auto)…………………………….. 87
5.03 Commercial 1 with Airport-Related Uses (C1-AIR) …………………………. 87
5.04 Commercial 1 with Limited Retail (C1-LR) ………………………………………. 88
5.05 Commercial 2 (C2) ………………………………………………………………………….. 88
5.06 Swift Street District (SW) ……………………………………………………………….. 89
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5.07 Allen Road District (AR) ………………………………………………………………….. 89
5.08 Supplemental Standards for Commercial Districts …………………………. 90
6 Industrial and Airport Districts
6.01 Mixed Industrial & Commercial District (Mixed IC) ………………………... 91
6.02 Mixed Airport AIR ………………………………………………………………………….. 91
6.03 Airport Industrial District (AIR-I) ………………………………………………….…. 92
6.04 Industrial – Open Space District I-0 …………………………………………….….. 93
6.05 Supplemental Standards for Industrial & Airport Districts ……………… 94
7 Other Districts
7.01 Institutional and Agricultural District I-A ……………………………………….. 95
7.02 Park & Recreation District (PR) ……………………………………………………… 96
7.03 Municipal District (MU) ………………………………………………………….……… 96
8 City Center Form Based Codes District
8.01 Purpose……………………………………………………………………………………… 98
8.02 Applicability………………………………………………………………………………… 98
8.03 Land Development and Building Placement………………………………… 99
8.04 Blocks, Streets, and Alleys…………………………………………………………… 100
8.05 Parking……………………………..…………………………………………………………… 103
8.06 Special Standards…………………………………………………………………………. 104
8.07 Prohibited Materials…………………….……………………………………………… 109
8.08 Open Space Requirements…………………………………………………………… 109
8.09 Uses Allowed and Changes of Use………………………………………………… 114
8.10 Review Procedures………………………………………………………………………. 116
8.11 Nonconformities…………………………………………………………………………… 116
8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards 124
8.13 T4 Urban Multi-Use Building Envelope Standards……………………….. 133
8.14 T5 Building Envelope Standards…………………………………………………… 138
8.15 City Center FBC Master Plan Review and Approval [reserved]…….. 145
8.16 – 8.18 [reserved]………………………………………………………………………………. 145
9 Southeast Quadrant (SEQ)
9.01 Purpose ……………………………………………………………………..…………..……… 146
9.02 Comprehensive Plan ………………………………………………………………..……. 146
9.03 Uses …………………………………………………………………………………..…..……… 146
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map ……….…..……. 147
9.05 Residential Density ………………………………………………………………………… 147
9.06 Dimensional & Design Requirements Applicable to Sub-Districts….. 149
9.07 Regulating Plans ……………………………………………………………………………. 151
9.08 SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards 153
9.09 SEQ-VR Sub-District; Specific Standards ……………………………………..…. 164
9.10 SEQ-VC Sub-District, Specific Standards …………………………………..……. 167
9.11 Supplemental Standards for Arterial & Collector Streets ………………. 171
9.12 SEQ-NRP; Supplemental Regulations …………………………………….……… 171
9.13 SEQ Review & Approval Process …………………………………………………… 176
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10 Overlay Districts
10.01 Flood Plain Overlay District (FP) …………………………………………..……….. 177
10.02 Traffic Overlay District ……………………………………….……………….………… 182
10.03 Scenic View Protection Overlay District ………………………………………… 185
10.04 Interstate Highway Overlay District ……………………………………….……… 191
10.05 Transit Overlay District ………………………………………………………………….. 193
10.06 Urban Design Overlay District………………………………………………………… 194
10.07 River Corridor Overlay District ………………………………………………………. 196
11 Transect Zone Street Typologies
11.01 Applicability…………………………………………………………………………………… 203
11.02 Street Types…………………………………………………………………………………… 203
11.03 New Streets…………………………………………………………………………………… 203
11.04 Existing Streets………………………………………………………………………………. 204
11.05 Design Controls……………………………………………………………………………… 205
11.06 Modifications…………………………………………………………………………………. 205
11.07 Street Typologies…………………………………………………………………………… 206
12 Surface Water Protection Standards
12.01 General Stream and Surface Water Protection Standards………………. 224
12.02 Wetland Protection Standards & Review Procedures ……………….……. 227
12.03 Stormwater Management Standards…………………………………….……….. 228
12.04 Stormwater Management Overlay District [reserved]…………………….. 231
13 Supplemental Regulations
13.01 Off-Street Parking and Loading ………………………………………………….…… 232
13.02 Home Occupations ……………………………………………………………….………… 236
13.03 Airport Approach Cones …………………………………………………………………. 237
13.04 Swimming Pools ………………………………………………………………….…………. 237
13.05 Outside Storage & Display …………………………………..……………….……….. 238
13.06 Landscaping, Screening & Street Trees ………………………………………….. 238
13.07 Exterior Lighting ………………………………………………………………………….…. 243
13.08 Specific Regulations for Nighttime Illumination of Governmental Flags 245
13.09 Bus Shelters …………………………………………………………………………………… 246
13.10 Solar Radiation ………………………………………………………………………………. 246
13.11 Numbering Systems for Multi-Family Development ………………….…… 246
13.12 Group Homes and Residential Care Homes ……………………………………. 246
13.13 Family Child Care Home or Facility (Day Care Facility)……………………. 247
13.14 Bicycle Parking and Storage..….……………………………………………………… 247
13.15 Connections across a Lot …………………………………………………………….... 250
13.16 Earth Products …………………………………………………………………………….…. 250
13.17 Fences ………………………………………………………………………………………….… 251
13.18 Utility Cabinets & Similar Structures ……………………………………………... 252
13.19 Signs …………………………………………………………………………..………………….. 253
13.20 Subsurface Sewage Disposal Systems ……………………………………………. 253
13.21 Satellite Dishes ………………………………………………………………………………. 253
13.22 Seasonal Mobile Food Units……………………………………………………………. 253
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13.23 Outdoor exercise facilities for animal shelters, commercial kennels,
pet day cares, and veterinary hospitals …………………………………………. 254
13.24 Self Storage in the Mixed Commercial-Industrial (CI) District within
Transit Overlay District ……………………………………………...................... 255
13.25 Retaining Walls ……………………………………………………………………………… 255
13.26 Auto & Motorcycle Sales, Limited ………………………………………………….. 255
13.27 Food Hubs ……………………………………………………………………………………… 256
13.28 Limited Neighborhood Commercial Use………………………………………….. 256
14 Site Plan & Conditional Use Review
14.01 General Purpose ……………………………………………………………………..…… 258
14.02 Definition of Site Plan …………………………………………………………………… 258
14.03 Uses & Actions Subject to Site Plan Approval ………………………………. 258
14.04 Review and Approval of Site Plans …………………………………………..…… 259
14.05 Application, Review, and Approval Procedure …………………………..…. 260
14.06 General Review Standards …………………………………………………………... 263
14.07 Specific Review Standards ……………………………………………………………. 266
14.08 Integration of Procedures ……………………………………………………………. 267
14.09 Administrative Review ………………………………………………………………… 267
14.10 Conditional Use Review: General Provisions & Standards …………… 268
14.11 Conditional Use Review: Specific Uses & Standards …………………….. 267
15 Subdivision & Planned Unit Development Review
15.01 Purpose ………………………………………………………………………………………... 271
15.02 Authority & Required Review ………………………………………………………. 271
15.03 Allowed Uses, Densities and Zoning Boundary Adjustments .………… 272
15.04 General Subdivision & PUD Review Procedures ………………………..…… 273
15.05 Sketch Plan Review …………………………………………………………………….….. 273
15.06 Review & Approval of Minor Subdivisions ……………………………………... 274
15.07 Master Plan Review & Approval …………………………………………………….. 274
15.08 Major Subdivision, Transect Zone Subdivision, or PUD Approval Procedure 276
15.09 Final Plat Recording ……………………………………………………………………..… 277
15.10 Lot Layout ………………………………………………………………………………………. 278
15.11 Relation to Scenic View Protection Overlay District ………………………. 278
15.12 Standards for Roadways, Parking & Circulation in PUDs and Subdivisions 278
15.13 Utility Services ……………………………………………………………………………..… 290
15.14 Required Public Facilities and Improvements ………...…………………..….. 291
15.15 Performance Bonds, Escrow Accounts, and Letters of Credit………….. 293
15.16 Acceptance of Streets & Required Facilities and Improvements ….... 294
15.17 Certificate of Title ………………………………………………………………………..… 295
15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions,
and Master Plans………………………………………………………………………………. 295
15.19 Minor Lot Line Adjustments……………………………………………………………… 296
16 Construction and Erosion Control Standards
16.01 Purpose ………………………………………………………………………………………….. 298
16.02 Applicability ……………………………………………………………………………………. 298
16.03 Standards for Erosion Control During Construction ……………………..... 298
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16.04 Excavation and Grading ………………………………………………………………….. 299
17 Administration and Enforcement
17.01 General Provisions ……………………………………………..………..……………….. 300
17.02 Zoning Permits ………………………………………………………………………………. 300
17.03 Certificates of Occupancy ……………………………………………………………… 300
17.04 Expiration of Permits and Approvals …………………………………………….. 301
17.05 Revocation of Permits and Approvals [reserved]………………………….. 302
17.06 Fees, notifications, and digital submissions.…………………..……………… 302
17.07 Planning Commission …………………………….………………………..……………. 302
17.08 Development Review Board ………………………………………………….………. 302
17.09 Administrative Officer…………….……………………………………………………… 303
17-10 Advisory Committee……………………………………………………………………… 303
17.11 Amendments to Regulations and Maps [reserved] ………………………. 303
17.12 Violations [reserved] ………………………………………………………………….… 303
17.13 Penalties [reserved] ……………………………………………………………………… 303
17.14 Appeals …………………………………………………………………………………………. 303
18 Affordable Housing Standards
18.01 Inclusionary Zoning…………………………………………………………………….... 304
18.02 Affordable Housing Density Bonus……………………………………………….. 309
18.03 Housing Preservation…………………………………………………………………… 311
Appendices
Appendix A, Performance Standards …………………………………………………………. 315
Appendix B, Traffic Generation Data & Collection Procedures …………………… 319
Appendix C, Table of Uses and Dimensional Standards ………………………….….. 325
Appendix D, Lighting ………………………………………………………………………………….. 335
Appendix E, Submission Requirements………………………………………………………. 336
Appendix F, Standards for Open Space in City Center ……………………………….. 339
Appendix G, Bicycle Parking………………………………………………………………………… 341
Appendix H, Pre-Existing Dwelling Units Exempt from Housing Preservation. 344
Maps
Official Zoning Map ………………………………………………………………………………….. 345
City Center Form Based Codes Blocks and Streets Map…………………………….. 346
Wetlands Map…………………………………………………………………………………………… 347
Overlay Districts Maps ……………………………………………………………………………….. 348
Consultants and Contributors:
ORW Landscape Architects and Planners, Norwich, VT
Buckhurst Fish Jacquemart Inc., New York, NY
Kathleen Ryan Landscape Architect, Burlington, VT
Adam Davis, Architect, South Burlington, VT
Dreher Designs, Newport, VT PlaceSense, Port Henry, NY
Front Porch Community Planning & Design, Waterbury, VT Lamoureux & Dickenson, Essex Junction, VT SE Group, Burlington, VT
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ARTICLE 1 PURPOSE and TITLE
South Burlington Land Development Regulations
1 PURPOSE and TITLE
1.01 Purpose and Compliance
1.02 Title
1.03 Separability
1.04 Effective Date of Implementation
1.01 Purpose and Compliance
The purpose of these Land Development Regulations is to implement the Comprehensive Plan of the City of
South Burlington; to promote the health, safety, and general welfare of the community; to secure safety from
fire, panic, and dangers; to provide adequate light and air; to facilitate the adequate provision of
transportation, water, sewage, schools, parks, and other public requirements, under and pursuant to the
Vermont Planning and Development Act, as amended.
1.02 Title
These provisions shall be known and may be cited as the South Burlington Land Development Regulations.
1.03 Separability
Should any section, sub-section, paragraph, sentence, clause, provision, or phrase of these land development
regulations be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision
shall not affect the validity of any other portion of these land development regulations, except the section in
question.
1.04 Effective Date and Implementation
These regulations shall become effective twenty-one (21) days after the date of adoption by the City Council.
On the date these regulations become effective, they will replace in its entirety the comprehensive revision
of the City of South Burlington Land Development Regulations effective May 12, 2003 and as amended
through October 7, 2019.
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ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
2.01 Rules of Construction, Intent and Usage
A. In the construction of these regulations, the following provisions and rules shall be applied, except
when the context clearly requires otherwise:
(1) The "City" is the City of South Burlington, Vermont.
(2) Words used in the present tense shall include the future and words used in the future tense
shall include the present.
(3) Words in the singular number shall include the plural and words in the plural number shall
include the singular number. (4) The words "shall" and "must" are mandatory and not optional or merely directory.
(5) The words "may" and "should" are permissive.
(6) The word "person" includes an individual, firm, association, corporation, partnership, trust,
company or other organization, governmental body or agency, and any other legal entity.
(7) The word "lot" includes the words parcel, plot, tract of land, or piece of land.
(8) The words "used" or "occupied" include the words intended, designed or arranged to be used
or occupied, employed for, constructed for, altered for, converted for, rented for, leased for,
maintained for, utilized for, or occupied for.
(9) The word "includes" shall not limit a term to the specified examples, but is intended to extend
its meaning to all other instances or circumstances of like kind or character.
(10) The terms “such as” and “for example” shall be considered as introducing typical or illustrative,
rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses,
activities, conditions, establishments or structures.
(11) A "building" or "structure" includes any part thereof. “Building” shall have the same meaning
as “structure.”
(12) The word "built" includes "erected," "constructed," "reconstructed," "altered," "enlarged," or
"moved."
(13) The word "premises" shall include land and buildings thereon.
(14) The masculine gender shall include the feminine and neuter, and vice versa.
(15) The words "adjacent" and "next to" shall have the same meaning as "abut."
(16) The words "original" and “existing” mean the conditions existing on the effective date of these
regulations.
(17) Abbreviations. “SF” shall mean “square feet”, “GFA” shall mean “gross floor area”, “GLA” shall
mean “gross leasable area”, “DU” shall mean dwelling unit, and “ROW” shall mean “right-of-
way”
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ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
B. Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the
conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in
any combination.
(3) "Either...or" indicates that the connected item, conditions, provisions, or events shall apply
singly but not in combination.
C. References made to officials and official bodies shall mean officials and official bodies of the City of
South Burlington, unless the natural construction of the wording indicates otherwise.
D. The word "regulation," "these regulations," "these land development regulations," "this ordinance,"
or “this bylaw” means the "City of South Burlington Land Development Regulations."
E. Any word or phrase which is defined in this section, or elsewhere in these regulations, shall have the
meaning as so defined whenever the word or phrase is used in these regulations, unless such
definition is expressly limited in its meaning or scope.
F. Any word or phrase that is not defined in this section, or elsewhere in these regulations, shall have its
plain and commonly accepted meaning.
G. Definitions contained in Title 24 of the Vermont Statutes Annotated, Chapter 117 shall be applicable
throughout these regulations.
2.02 Specific Definitions
Abandonment. The relinquishment of property, or a cessation of the use conducted on the property for a
period of six (6) months within a twelve (12) month period, by the owner, tenant, or lessee, for reasons other
than an act of God or access impeded by government action.
Accessory structure or building. A structure detached from a principal building on the same lot and
customarily incidental and subordinate to the principal building or use. The accessory structure shall be
located on the same lot. Prefabricated buildings may be regulated as accessory structures. Any portion of a
principal building developed or intended to be devoted to an accessory use is not an accessory structure.
Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof,
the accessory building shall be considered part of the principal building. Private garages must meet applicable
setback requirements for principal structures. Utility cabinets that meet the requirements of Section 13.18
shall not be considered accessory structures.
Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or purpose is
incidental and subordinate to the principal use of the building or land. The accessory use shall be located on
the same lot. An accessory use shall not be accessory to another accessory use.
Adjacent. Either abutting or directly across the street.
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ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
Administrative Officer. That person appointed by the City Council who has any authority these Regulations
may confer upon him or her, and any Assistant Administrative Officer to administer the Regulations and to
issue zoning permits. In the absence of a designated Administrative Officer, the City Manager shall function
as the Administrative Officer.
Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie theater,
cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in the performance of
their duties or material is available depicting person or persons in a state of nudity. Nudity shall be as defined
in the South Burlington Public Indecency Ordinance.
Affordable housing. this shall mean either of the following:
(A) Housing that is owned by its inhabitants, whose gross annual household income does not exceed
eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan
Statistical Area (MSA), as defined by the United States Department of Housing and Urban
Development, and the total annual cost of the housing, including principal, interest, taxes and
insurance, is not more than thirty percent (30%) of the household’s gross annual income; or
(B) Housing that is rented by its inhabitants whose gross annual household income does not exceed
eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan
Statistical Area (MSA), as defined by the United States Department of Housing and Urban
Development, and the total annual cost of the housing, including rent, utilities, and condominium
association fees, is not more than thirty percent (30%) of the household’s gross annual income
This definition, however, does not apply to housing projects covered under inclusionary zoning,
pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning).
Affordable housing development. A housing development of which at least fifty percent (50%) of the units
are affordable housing units.
Agent of owner. Any person who can show written proof that he has authority to act for the property owner.
Agriculture (Farming). Shall include any of the land use activities exempt from zoning regulation pursuant to
24 V.S.A. § 4413(d), as amended.
Airport. A facility intended and used as the place where one or more fixed-wing or rotary-wing aircraft is
regularly stored, maintained, or repaired while not in flight, and including an area that the aircraft may use to
take off and land.
Airport uses. Fixed- and rotary-wing operations together with retail sales and service operations related to
public, private, and general aviation, including aircraft sales, repair, and storage, commercial shipping and
storage, restaurants, rental vehicles, and other uses designed to serve aviation passengers and industry.
Alteration. Any act or process that changes one or more of the exterior and interior architectural features or
the exit facilities of a structure, including, but not limited to, the erection, construction, reconstruction, or
removal of any structure, any change in doors or windows, any enlargement to or diminution of a building or
structure, whether horizontally or vertically, or the moving of a building or structure from one location to
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ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
another, any increase in height, and any change or rearrangement in the supporting members of an existing
building or structure. The latter acts may involve bearing walls, columns, beams, girders or interior partitions.
Alteration, Structural. Any change in the supporting members of a building, such as bearing walls, columns,
beams or girders, or in the dimensions or configurations of the roof or exterior walls.
Animal shelter. A place where animals are provided with short-term shelter typically operated by a humane
society or other non-profit organization. Such establishment may have either or both of an educational
component or a residence, occupied by a household with at least one person employed full or part time in a
caretaking capacity for the facility, as an accessory use or additional principal permitted use on the site. May
or may not include associated outdoor exercise facilities.
Apartment. See Dwelling, multi-family.
Applicant. A person submitting an application.
Application for development. The application form and all accompanying documents and exhibits required
of an applicant by an approving authority for development review purposes.
Approved plan. Prior to January 1, 1996, a plan that is conditionally approved under the provisions of this
chapter, unless specifically provided otherwise. After January 1, 1996, a plan that has been granted final
approval by the appropriate approving authority.
Approving authority. The agency, board, group or other legally designated individual or authority that has
been charged with review and approval of plans and applications.
Area affected. (A) The area of land that is the subject of the proposed action; (B) as used under conditional
use review, the vicinity of the land that is the subject of the proposed action, as defined by the purpose or
purposes of the zoning district within which the project is located, and specifically stated policies and
standards of the municipal plan
Artist production studio. A building or portion thereof used for persons engaged in the application, teaching
or performance of fine arts such as, but not limited to, vocal or instrumental music, dance, or the creation of
original handmade art or craft items.
Assisted living facility. A multi-family, residential group facility that provides a combination of housing,
supportive services, and personalized assistance for persons needing help with activities of daily living. Such
activities may include bathing, grooming, and medical reminders. Meals are provided in a central location on
site. Dwelling units may or may not have conventional kitchens.
Attic. The part of a building that is immediately below and wholly or partly within the roof framing.
Auto & motorcycle sales. A business enterprise engaged in the sale of automobiles or motorcycles.
Auto & motorcycle sales, limited. A business engaged in the sale of automobiles and/or motorcycles not
requiring a commercial drivers license (CDL) to operate, with not more than five (5) vehicles for sale on the
premises at any one time.
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ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
Auto & motorcycle service and repair. A business enterprise engaged in the servicing and repair of
automobiles and/or motorcycles, including auto body repair or auto detailing, including the sale and
installation of automobile and/or motorcycle parts and accessories. Includes Auto & Motorcycle Sales, Limited
in conformance with these regulations.
Auto rental, with private accessory car wash and fueling. A business enterprise engaged in the rental of
automobiles. May include car wash facilities and fueling for the exclusive use by employees of the rental
enterprise to clean and refuel the rental cars in preparation for a subsequent rental.
Bar. (A) A business enterprise or part thereof used primarily for the retail sale or dispensing of liquor or
alcoholic beverages for consumption on the premise, or (B) the part of a building, structure, or premise of a
private club, association or organization that dispenses liquor or alcoholic beverage for consumption on the
premises. Also known as a tavern or lounge.
Basement. That portion of a building that is partly or completely below the average pre-construction level of
the adjoining ground. A basement shall be considered as a story where the finished surface of the floor above
the basement is: (1) More than four (4) feet above the average pre-construction level of the adjoining ground,
or (2) More than twelve (12) feet above the pre-construction ground level at any point.
Bed and breakfast. A detached single-family residence with four or fewer rooms for rent, accommodating a
maximum of ten guests, for short-term overnight lodging by the day or by the week. The single-family
residence must be the primary residence of the owner or operator of the bed and breakfast. Employment
shall not exceed one (1) full-time employee in addition to the owner. Only a morning meal may be provided
to guests. Bed and breakfasts are also known as tourist homes.
Below market rate households. Households whose aggregate income does not exceed eighty percent (80%)
of the county median income, as defined by the United States Department of Housing and Urban
Development in the case of for-purchase housing, or does not exceed sixty-five percent (65%) of the county
median income, as defined by the United States Department of Housing and Urban Development in the case
of rental housing.
Block. An area of land bounded by streets or by a combination of existing, planned, or proposed streets, or
by physical features creating a barrier to the continuity of development such as public land, railroad rights-of-
way, waterways, and municipal boundaries. Within the Transect Zones, street types applying under this
definition shall include only existing public streets, planned streets, and street types listed as qualifying within
the applicable Building Envelope Standards and Article 11. The perimeter of the Form Based Codes District
also shall be considered an additional block delineation.
Block length: The horizontal distance of a single block face, measured from the edge of the street right-of-
way or other applicable feature.
Block perimeter. The horizontal distance created by three or more block lengths in order to return to a point
of origin that creates a land area.
Buffer strip. Land area used to visually obstruct or spatially separate one use from another or to shield or
block noise, light, or other nuisances. A strip may be required to include fencing, berms, shrubs, and/or trees.
A buffer is typically placed between a structure or use and a side or rear property line.
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Build-to zone. The area on the lot where a building façade must be located, measured as a minimum and
maximum range from the closest street line of an existing or planned street right-of-way.
Build-to-zone, Primary. The build-to-zone where a specified percentage of a building’s façade must
be located, as determined by the Building Envelope Standards for the applicable District.
Build-to-zone, Secondary. The build-to-zone where a specified percentage of a building’s façade may
be located, as determined by the Building Envelope Standards for the applicable District.
Building. A structure having a roof supported by columns or walls, and used or intended for the shelter or
enclosure of persons, animals, or equipment, goods, or materials of any kind. The connection of two buildings
by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without
a roof, shall not be deemed to make them one building. Buildings shall be classified as Principal or Accessory.
Building Break. Variations in a building façade that include: building height variation, building vertical plane
shift (bump outs / step backs), and building section variation that protrude or step back from the front or top
of the building by at least two (2) feet for a minimum width of five (5) feet, and major material change (such
as brick to stone or hardi-plank) extending the majority of the vertical plane of the building for a width of at
least twenty (20) feet. Such an interruption in the continuous line of a building facing a street may include
variations in the façade of the building as well as stoops, porches, permanent structural awnings, inverted
dormers and picture windows. See the diagrams contained within Article 8 for examples. This term also may
apply to structures where specifically referenced in these Regulations.
Building Envelope Standards (BES). Standards for the design of structures and related site features within
these Regulations.
Building coverage. The ratio of the horizontal area, measured from the exterior surface of the exterior walls
of the ground floor, of all principal and accessory buildings on a lot to the total lot area.
Building façade. The face of a building that delineates the edge of enclosed floor space. For example, the
building face of a two-story structure with a one-story porch is the two-story elevation of the building.
Building footprint. The area of land physically occupied by a building on the ground, including any deck, porch,
or other appurtenant structure attached to the building, and any area of land over which any portion of a
building or appurtenant structure overhangs. The building footprint does not include uncovered patios,
walkways, driveways, landscaping or other unattached structures.
Building line.
Front. The line, parallel to the street line, that passes through the point of the principal building
nearest the front lot line. A lot with two or more front lot lines shall have a front building line for each
front lot line.
Rear. The line, parallel to the rear lot line, that passes through the point of the principal building
nearest the rear lot line. In the event that a property has two or more front lot lines and no rear lot
lines, the rear building line shall be the line that is both (a) parallel to the side lot line that passes
through the point of the principal building nearest the side lot line and (b) parallel to the Primary
Building Façade.
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Building, principal. A structure in which is conducted the principal use of the site on which it is situated. In
any residential district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
Building width. The average length of a building measured along the side most closely parallel to its adjacent
public street(s).
Bulk requirements. Standards that control the height, density, and location of structures.
Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground containers
or areas for subsequent resale to distributors or retails dealers or outlets and not directly to the consuming
public.
Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted.
Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven buses and
loading and unloading of passengers. Bus terminals may include ticket purchase facilities, but shall not include
bus maintenance facilities. Bus terminals may also include hubs where three or more routes converge and
allow the transfer of passengers between routes.
Bylaws. Zoning regulations, subdivision regulations, or an Official Map adopted under the authority of 24 VSA
Chapter 117.
Caliper. The diameter of a tree trunk measured at six (6) inches above the ground for trees up to and including
four (4) -inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes.
Campus. The premises of a public or private college, university, school, hospital, or other institution.
Cannabis Dispensary. a nonprofit entity registered under section 18 VSA 4474e which acquires, possesses,
cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana, marijuana-infused
products, and marijuana-related supplies and educational materials for or to a registered patient who has
designated it as his or her center and to his or her registered caregiver for the registered patient’s use for
symptom relief. A dispensary shall not be located within 1000 feet of the property line of a preexisting public
or private school or licensed or regulated child care facility.
Cannabis Dispensary (dispensing only). A portion of a cannabis dispensary providing marijuana for
symptom relief to registered patients.
Cannabis Dispensary (cultivation only). A portion of a cannabis dispensary where the marijuana is
cultivated.
Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a minimum
of twelve hundred (1,200) square feet.
Capacity study. An inventory of available natural and human-made resources, based on detailed data
collection, which identifies the capacities and limits of those resources to absorb land development. Data
gathered, relevant to the geographic information system, shall be compatible with, useful to, and shared with
the geographic information system established under 3 V.S.A. § 20.
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Car wash. A building or premises or portion thereof used for washing motor vehicles, whether by automatic
device or self-service.
Cellar. A space partially or fully below ground level and with a floor-to-ceiling height of less than six and one-
half (6.5) feet. Cellars shall not be counted as a story in the computation of the intensity of land use
development or of gross floor area. See also Basement.
Certificate of occupancy. A required permit allowing occupancy of a building, structure, or premise after it
has been determined that all requirements of applicable ordinances have been met.
Change of use. The modification of a use of a building or land, or the replacement of a use of a building or
land with another use or uses, or the addition of a use or uses to a building or land, or the cessation of a use
or uses of a building or land.
Child care facility. An establishment operated as a business or service on a regular or continual basis, whether
for compensation or not, to provide care, protection, supervision and/or education for children under the age
of 16 outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent,
guardian or relative as defined by rules adopted by the Vermont Department for Children and Families, but
not including a kindergarten approved by the State Board of Education.
Licensed family child care home: A child care facility which provides care on a regular basis in the
caregiver’s own residence for not more than 12 children at any one time and which complies with all
State of Vermont requirements for licensure of child care facilities.
Licensed non-residential child care facility: A child care facility operated outside of the caregiver’s
own residence which complies with all State of Vermont requirements for licensure of child care
facilities.
Registered family child care home: a child care facility which provides for care on a regular basis in
the caregiver's own residence for not more than 10 children at any one time. Of this number, up to
six children may be provided care on a full-time basis and the remainder on a part-time basis. For the
purpose of this subdivision, care of a child on a part-time basis shall mean care of a school-age child
for not more than four hours a day. These limits shall not include children who reside in the residence
of the caregiver; except:
(A) these part-time school-age children may be cared for on a full-day basis during school closing
days, snow days and vacation days which occur during the school year; and
(B) during the school summer vacation, up to 12 children may be cared for provided that at least
six of these children are school age and a second staff person is present and on duty when
the number of children in attendance exceeds six. These limits shall not include children who
are required by law to attend school (age 7 and older) and who reside in the residence of the
caregiver.
Chimney. A structure containing one or more flues for drawing off emissions from stationary sources of
combustion.
Church. See place of worship.
Club. See membership associations.
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Commercial. (A) Uses listed within the Table of Uses as Commercial and Industrial Uses, (B) A term referring
broadly to non-residential uses of land involving the provision of goods and services.
Commercial greenhouse. A structure and the land surrounding it in and on which plants, vegetables, flowers,
and similar materials are grown for sale or are sold. Such land and greenhouses are also known as nurseries.
Commercial vehicle. Any motor vehicle licensed as a commercial vehicle.
Community center. A building or structure used for recreational, social, educational, health, cultural, or other
similar activities. Services within the facility may be offered by one or more public or nonprofit entities.
Community garden. One or more garden plots located on public or private property managed collectively by
a group that grows food primarily for the members’ home consumption.
Complete application. An application form completed as specified by a bylaw and the rules and regulations
of the City and all accompanying documents required by the bylaw for approval of the application. The
application shall be certified as complete as soon as all requirements specified in the bylaw and rules and
regulations have been met.
Conditional use. A use permitted in a particular zoning district only upon showing that such use in a specified
location will comply with and conform to all the conditions and standards for the location or operation of such
use as specified in these land development regulations and authorized by the Development Review Board. In
granting approval for a conditional use, the Development Review Board may attach such additional reasonable
conditions and safeguards as it may deem necessary to implement the purposes of these Land Development
Regulations.
Condominium. A building, or group of buildings, in which dwelling units are owned individually, and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. There
shall be an association of building owners organized for the purposes of maintaining, administering, and
operating the common areas and facilities. Condominium is a legal form of real property ownership and not
a building style. The purchaser shall have title to his or her dwelling unit and an undivided interest in parts of
the interior of the building, the exterior, and other common elements. The property shall be identified in a
master deed and officially recorded on a plat. The common elements shall comprise the land underneath and
surrounding the building, certain improvements on the land, and such items as plumbing, wiring, and major
utility systems, the interior areas between the walls, the public interior spaces, exterior walls, streets, and
recreational facilities. Condominiums may be used for residential and non-residential uses.
Congregate care facility. A housing facility that has significant facilities and services specifically designed to
meet the physical and/or social needs of older persons. Significant facilities and services may include, but are
not limited to, social and recreational programs, continuing education, information and counseling,
recreational, homemaker, outside maintenance and referral services, emergency and preventive health care
programs, congregate dining facilities, and transportation to social, medical, or personal services. This is not
a group home; see definition below.
Consolidation. The removal of lot lines between contiguous parcels.
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Construction. The act of adding to, altering, or extending an existing structure or the erection of a new
principal or accessory structure on real property.
Continuum of care facility. A multi-family, residential group facility with a range of accommodations and
services in one structure or one campus. This type may include full apartments for independent residents, an
assisted living facility, and/or a skilled nursing facility. This definition excludes group homes.
Contractor or building trade facility. A facility, including offices, used for the conduct of building, contracting
and related trades that conduct a majority of business activity off-site. Such use may include the indoor
storage, maintenance, and processing of vehicles, equipment, merchandise and materials used in the conduct
of the business, and other customary and incidental activities directly related to the conduct of the business.
Contractor’s yard. An establishment or place of business primarily engaged in selling merchandise to retailers;
to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. A
contractor’s yard is typically a wholesale trade operation, but may also have retail trade or have some portion
allocated to retail trade. Typical uses include lumber yards, mill work yards, and stone or masonry yards and
may also include storage of materials, merchandise and equipment incidental to the principal business and
not necessarily for sale.
Conversion. A change in the use of land or a structure.
Court. Any open, uncovered, and unoccupied area, other than a yard, that is bounded by two or more attached
building walls and unobstructed from ground to sky. This definition shall not preclude the inclusion of "court"
in the name of a building or buildings.
(A) Inner Court. An open area, unobstructed from the ground to the sky that is entirely within the
exterior walls of a building.
(B) Outer Court. An open area, unobstructed from the ground to the sky which is bounded on not
more than three sides by the exterior walls of one or more buildings OR Any court that is not an
inner court.
Covenant. A restriction on the use of land set forth in a written document or plat. The restriction runs with
the land and is binding upon subsequent owners of the property.
Cultural facility. An indoor or outdoor auditorium, theater, or other building or structure designed for or
primarily used for music, drama, dance, or other live performances, or museum or gallery operated primarily
for the display and not sale of works of art.
Curb. A boundary usually marking the edge of the roadway or paved area.
(A) Curb cut. The opening in the curb, measured at the property line, at which point vehicles may
enter or leave the property.
(B) Curb level. The permanently established grade of the curb top in front of the center of the
building, the lot, or portion thereof under consideration. Where no curb level has been
established, the level of the ground at the center of the traveled portion of the street shall be
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considered the equivalent of the curb level. Where the building does not adjoin the street, the
average level of the proposed grade line of the ground immediately adjacent to the building as
shown on the building plans shall be considered the curb level.
(C) Curb return. The connecting link between the street curb and the ramp curb.
Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation.
Cut shall also refer to the depth below the original ground surface or excavated surface.
Day care facility, adult. An establishment operated as a business or service on a regular or continual basis,
whether for compensation or not, to provide care, protection, supervision and/or education for adults with
physical, emotional or cognitive impairment who require assistance and supervision or those who need
restorative or rehabilitative services. Such services are provided outside the adult's home for periods of fewer
than 24 hours a day by persons other than the adult's parent, guardian or relative. An adult day care facility
shall constitute a day care center. The center shall be licensed and operated in accordance with state law.
Delivery channel. Public alley or other street providing access to the loading facilities of buildings; typically
located to the rear and sides of buildings.
Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or
improvement.
Density increase. For the purposes of the Transfer of Development Rights, the allowable increase in the
amount of residential development of a receiving parcel, expressed as a higher maximum average number of
dwelling units per acre of a receiving parcel than would be allowable on that parcel if it were part of a PUD
that did not use TDR; allowing a higher average number of dwelling units for each acre of a receiving parcel
also increases building bulk and lot coverage.
Design vehicle. The type of vehicle used to determine the geometric design of the roadway.
Detached Mixed-Use Storefront. A building with a single, ground-level walk-in non-residential use. The
building may also include separate occupant(s), residential or non-residential, on upper stories where
permitted.
Development. (A) The carrying out of any change to improved or unimproved land, including but not limited
to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any
structure or parking area; (B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance;
(C) any use or extension of the use of the land, or (D) the subdividing of land into two or more parcels.
Development Review Board. The Development Review Board or "DRB" of the City of South Burlington created
pursuant to 24 VSA Chapter 117.
Development Rights. See Transferrable Development Rights
Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit.
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Dish antenna. Any parabolic or part-spherical device, also known as a satellite dish antenna or earth station,
whose purpose is to receive and/or transmit microwave or other electronic communication signals from
and/or to satellites or other instruments for television, radio, data, imagery, or other forms of
telecommunications. A typical device contains a combination of four main elements: the antenna or dish, its
support structure, the amplifier, and a cable that carries the signal to and/or from a receiver and/or
transmitter inside the building.
District. A part, zone, or geographic area within the City of South Burlington within which certain zoning or
other land development regulations apply.
Disturbed land. Any soil on a construction site or associated support activities (e.g. staging area, borrow area,
disposal site for excess fill) that is exposed to the erosive effects of wind, rain, or runoff due to construction
or construction related activities.
Domicile. A residence that is a permanent home to an individual.
Dormer. A window vertical in a roof or the roofed structure containing such a window. The height of a dormer
shall be from its base to its peak, inclusive.
Dormitory. A building containing bathroom facilities for the common use of residents of the building which is
occupied or intended to be occupied as a dwelling by persons not related by blood, marriage, fosterage or
adoption but who are enrolled, affiliated with, or employed by the same educational, religious, or health
institution. Dormitory shall not include a rooming house, guest home, tourist home, bed and breakfast, hotel,
motel, group home, congregate housing, or health institution. A dormitory is a type of group quarters; see
definition below.
Drainage. (A) Surface water runoff; (B) the removal of surface water or groundwater from land by drains,
grading, or other means which include runoff controls to minimize erosion and sedimentation during and after
construction or development; or (C) the means for preserving the water supply and the prevention or
alleviation of flooding. Drainage area is also known as a ‘sub-watershed.’
Drainage area. That area in which all of the surface runoff resulting from precipitation is concentrated into a
particular stream, water body, or other discharge point.
Drainage system. Pipes, swales, natural features, and manmade improvements designed to carry drainage.
Drainage way. With the exception of major and minor streams, all other streams, watercourses or drainage
ways natural in origin and having a clearly defined channel with intermittent or full year flow of water.
Drive-through. An establishment or structure which by design, physical facilities, service, or by packaging
procedures encourages or permits customers to receive services, goods, or be entertained while remaining in
their vehicles. A drive through shall include all components thereof, including any outdoor menu boards, order
windows or service windows.
Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other structure and
generally subordinate in nature to a street. A driveway may be shared among structures, but its function is
generally subordinate to a street.
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Duplex. See Dwelling, two-family.
Dwelling unit. A building or portion thereof designed, used, constructed or occupied as separate living
quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary
facilities for a household, and direct access to the unit from the outside of the building or through a common
hall.
Dwelling, single-family. A building that contains one (1) principal dwelling unit and that is not
attached to any other dwelling by any means and has no roof, wall, or floor in common with any other
dwelling unit. This is also known as a detached or one-family dwelling.
Dwelling, multi-family. A structure containing three (3) or more dwelling units, with the number of
families in residence not exceeding the number of dwelling units provided. Access to units may be
from a common hall or from individual entrances. This may also be known as an apartment house,
apartment building, or garden apartment.
Dwelling, two-family. A building containing two (2) principal dwelling units that are entirely separated
by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
The units may share a common stairwell exterior to both dwelling units and with access to the outside.
There may be a common cellar but not a common basement. Each dwelling is located on its own
separate lot. This type of dwelling shall also be known as a duplex.
Dwelling, townhouse or rowhouse. A dwelling unit located in a row of at least three (3) attached such
units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more common fire resistant
walls. The row of dwelling units shall be designed and built as a single structure facing upon a street.
Dwelling unit, attached. A dwelling unit sharing a common side or rear wall(s) with another dwelling
unit or units and having its own separate entrance or entrances to the outside. This may also be known
as a townhouse or rowhouse.
Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the
public, a corporation, or another person or entity.
Edible Landscaping. The use of food-producing plants in the design of private and public outdoor spaces.
Educational facility. A facility used for or in support of education, instruction, or research in any branch of
knowledge including private and public elementary and secondary schools, colleges, and universities.
Element. A component of a plan.
Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front,
rear, or side of a building.
Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a
combination thereof, or the detachment and movement of soil or rock fragments.
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Establishment. An economic unit, generally at a single physical location, where business is conducted or
services or industrial operations are performed.
Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or
organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath
the land surface, whether exposed or submerged.
Existing grade or elevation. See pre-construction grade.
Existing use. The use of a lot or structure at the time these land development regulations were enacted.
Exterior architectural features. The architectural character and general composition of the exterior of a
structure, including but not limited to, the kind and texture of the building material and the type, design and
character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when
they are integral to the significance of the site, all of which are subject to public view from a public street, way
or place.
Family. See household.
Farm. A parcel, or dedicated portion of a parcel, used primarily for agriculture or urban agriculture as defined
in these regulations.
Farmer’s Market. A site or structure used primarily for the direct sale of farm and food products to consumers.
Subject to definition, regulations, and restrictions in South Burlington Peddlers Ordinance.
Farm Structure. A building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants,
or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as
“farming” is defined in 10 VSA Section 6001(22), but excludes a dwelling.
Fence. Any material or combination of materials erected to enclose, screen, or separate areas of land. Fences
may be of an open (e.g. picket), semiopen, or closed (e.g. brick or stone) style. Closed fences may also be
known as walls.
Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans, for
purposes of creating a new elevation of the ground.
Final approval. The last official action of the approving agency or board taken on a development plan which
has been given preliminary approval, after all conditions and requirements have been met, and the required
improvements have been installed or guarantees properly posted for their installation, or approval
conditioned upon the posting of such guarantees.
Financial institution. A use of structure in which financial, pecuniary, fiscal, or monetary services are made
available to the public, including but not limited to depository institutions (e.g., banks, credit unions, savings
and loans), non-depository institutions (e.g., credit agencies, loan brokers), holding companies (but not
predominantly operating companies), other investment companies, brokers and dealers in securities and
commodities contracts, and security and commodity exchanges.
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Finish elevation. The proposed elevation of the land surface of a site after completion of all site preparation
work. See also grade, finished.
Fire access. Means of access to a building, neighborhood or street for the purpose of fire and public safety.
Flag lot. See lot, flag.
Floating zone. An unmapped zoning district. Requirements are contained in the relevant article. The floating
zone is fixed on the map only when an application for development, meeting the zone requirements, is
approved.
Floor area. The gross area of all floors of all principal and accessory buildings on a lot, measured from the
exterior face of the exterior walls, or in the case of a common wall separating two buildings, from the center
line of such common walls. Gross floor area shall include such features as porches, balconies, breezeways,
walkways, and raised platforms, if each is enclosed.
Floor area ratio (FAR). The allowable proportion of total gross square feet of principal and accessory building
area to total lot size. The ratio is an expression of the intensity of development. For example, an F.A.R. of 1.0
would allow one square foot of building area to be constructed for each square foot of lot area; an F.A.R. of
4.0 would allow four square feet of building area for each square foot of lot area. A floor area ratio (FAR) of
1.0 could be a 40,000 square foot building on a 40,000 square foot lot. It could be a 10,000 square foot building
on 4 floors or a 20,000 square foot building on 2 floors. An FAR of 0.5 would be a 20,000 square foot building
on a 40,000 square foot lot.
Food hub. A facility that serves as the central location for the aggregation, storage, processing, distribution,
and/or marketing of local and source-identified food. A food hub is closely aligned with a farm stand with
respect to the types of products available. The principal function of a food hub shall be to provide local farmers
and food producers predictable and coordinated access to individuals, retailers, and institutions. This is
encouraged to be a distribution point for shares in Community Supported Agriculture (CSAs). A Food Hub is
not a “Retail Sales” use. A food hub is not intended for consumers to shop through a wide variety of goods,
especially those goods or food products that are neither processed nor grown locally, throughout most of the
day, week, and year. A food hub may also constitute an organization responsible for the roles listed herein,
and may include technical assistance to local farmers in conjunction with its duties as a central location.
Frontage. (A) The boundary of a lot abutting a street; (B) the front lot line.
Frontage buildout. The percentage of the total length of the front lot line that is the same length as the total
horizontal length of the building façades of principal buildings, or portions thereof, that:
(A) Are located within the lot’s build-to-zone, and
(B) Are parallel with the front lot line, and
(C) Do not have any portion of another principal building located between it and the front lot line.
Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel, gasoline, or
kerosene above or below ground.
Garage, private. A detached or attached accessory building, or part thereof, used or intended to be used only
for the storage of private passenger vehicles belonging to the residents, employees, or visitors of the premises.
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Glazing. The amount of window and door coverage over the specified portion of a building.
Glazing, Transparent. A type of glazing provided by see-through windows that provide visual access to space
within the building intended for human occupancy and use, and by doors that are used as operable or public
entrances, regardless of whether see-through or opaque.
Grade. The elevation of the land or land level at a specific point.
(A) Grade, finished. The final, average elevation of the ground immediately adjacent to the exterior walls
of a building after development, measured as the degree of rise or descent of a sloping surface.
(B) Grade, pre-construction. The elevation of the ground level in its natural state, before construction,
filling, or excavation. This is also known as natural grade, and shall be defined as the grade existing on
property on the date of an application under the South Burlington Land Development Regulations for
any development approval (variance, conditional use approval, zoning permit, site plan approval),
unless another grade has been established as the pre-construction grade pursuant to regulations for
the Alteration of Existing Grade. Where land receives subdivision approval from the Development
Review Board, the grade shown on the approved subdivision plat shall constitute the pre-construction
grade, unless modified in accordance with regulations for the Alteration of Existing Grade. Within the
City Center Form-Based Codes District, the grade of the adjacent approved street.
(C) Grade, average pre-construction. The grade measured as the average of the pre-construction grade
of each of the four (4) [or more as applicable] principal corners of the building. Within the City Center
Form Based Codes District, the average of the pre-construction grade along the frontage of the
adjacent street(s).
Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled
condition.
Greenbelt. The landscaped and maintained vegetative portion of the street right-of-way. Where applicable
under specific street types contained in Article 11, may include hardscape elements.
Greenbelt width. The distance between the curb or other edge of the roadway pavement to the sidewalk,
recreation path, or edge of the street right-of-way (whichever is closest).
Gross floor area. The sum of all floor areas of all stories of a building, measured from the exterior face of
exterior walls, or from the centerline of a wall separating two attached units or structures.
Group home. A therapeutic community residence as defined by 33 V.S.A. §7102 (11)
Group quarters. A dwelling that houses individuals who are unrelated by marriage, blood, adoption,
fosterage, or guardianship in a group living arrangement of intentionally structured housing by an organization
or institution. This may include fraternities, sororities, dormitories, or living and learning complexes for a
student body or religious order, army barracks, or other similar institutional use. This definition excludes group
homes.
Groundcover. Groundcover refers to any plant that grows over an area of ground, used to provide protection
from erosion and drought, and to improve its aesthetic appearance.
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Hardscape / Hardscaping. The non-living materials, and their use and design, that constitute one component
of landscaping. This includes paving material, walls or fences, concrete, asphalt, stone or other hard surface
that may be used to construct retaining walls, paths, walkways, decks, terraces, accent features, and fences
or enclosures.
Health club. See recreation facility, indoor.
Height. The vertical distance of a building measured from the average preconstruction grade level at the base
of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between
the eaves and the highest point of the roof if the roof is of any other type. Height calculation of a building shall
not include minor rooftop apparatus such as solar collectors, chimneys, elevator and mechanical penthouses,
air conditioning equipment, satellite dishes, and similar apparatus that project from the roof. For other
rooftop apparatus such as spires, towners, water tanks, radio and television antennas, see Section 3.07 of
these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from
the height limitations. Height of a structure that is not a building shall be measured from the average
preconstruction grade level at the base of the structure to the highest point of the structure.
Home occupation. An occupation or activity carried out for gain secondary to and typically incidental to the
use of the dwelling unit by a resident thereof. The conduct of the home occupation is clearly accessory to the
use of the dwelling unit for living purposes and does not change the character of the dwelling unit or accessory
structure in which it is located. See Section 13.02 for home occupation regulations.
Hospital. A licensed institution providing primary health care services and medical or surgical care to persons,
primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions
requiring medical treatment, and including as an integral part of the institution related facilities such as
laboratories, outpatient facilities, and training facilities. It may include the retail sale of pharmaceuticals and
medical supplies as an accessory use.
Hotel. A building or part of a building in which (a) living or sleeping accommodations are used primarily for
transient occupancy on a daily basis and for compensation to the general public, and (b) one or more common
entrances serve all such living or sleeping units, and (c) twenty-four hour desk service is provided, in addition
to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or
laundering of linens. Permitted accessory uses are restaurants or other public dining facility, bars or lounges,
public banquet halls, ballrooms, or meeting rooms.
Hotel, extended stay. A residential hotel containing (1) small furnished apartment type units rented on a short
term basis each with a kitchen (including stove with an oven or a microwave oven, minimum twelve (12) cubic
foot refrigerator, dishwasher, sink and cooking and eating utensils), bath, living space and separate
bedroom/sleeping space, and (2) a common area which shall include three (3) or more of the following:
business support facilities, guest only breakfast facilities, lobby, and recreation space and amenities; but
specifically excludes public restaurant(s), cocktail lounge(s), and banquet meeting rooms containing more
than fifty (50) seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom.
Units must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant for
more than one hundred eighty (180) days in any three hundred sixty-five (365) day period.
Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals
related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single
housekeeping unit.
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Housing unit. See dwelling unit.
Impervious Surface. Those manmade surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, and walkways, from which water runs off rather than infiltrates. Impervious
surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage areas, awnings (and
other fabric or plastic coverings). Properly installed and maintained pervious pavement shall not be
considered Impervious Surfaces for stormwater purposes.
Improvement. Those man-made surfaces including paved and unpaved roads, parking areas, roofs, driveways,
and walkways, from which precipitation runs off rather than infiltrates.
Indoor theater. A building or part of a building devoted to showing motion pictures, or for dramatic, dance,
musical, or other live performances.
Indoor vehicle storage. Indoor facility used to store motor vehicles, such as cars, pick-up trucks, RVs, motor
cycles, snowmobiles and boats, but not including aircraft or any vehicle requiring a CDL operator’s license.
Vehicle storage is typically seasonal, and vehicles are not typically accessible to their owners during the
storage period.
Industry. Those fields of economic activity including, mining, construction, manufacturing, transportation,
communication, electric service, gas service, sanitary service, and wholesale trade.
Inclusionary Zoning. Provisions under Section 18.01 of these regulations, as authorized under 24 VSA Section
§4414(7), which establish minimum requirements and incentives for the construction of housing to meet the
needs of low- and moderate-income households.
Inclusionary Unit. A housing unit that is affordable to a low- or moderate income household under
inclusionary zoning requirements.
Inn. See hotel.
Institutional use. A non-profit or quasi-public use or facility such as a place of worship, library, public or private
school, hospital, or municipally owned or operated building, structure, or land used for public purpose.
Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with
dismantling, processing, salvage, storage, baling, disposal, or other use or disposition. It may include old or
scrap metal, rope, rags, batteries, paper, rubber glass, building materials, household appliances, brush, wood,
lumber, plastic, dismantled or wrecked automobiles or parts thereof, and other old or scrap ferrous or
nonferrous materials.
Junk yard. An establishment, place of business, lot, land, parcel, building or structure that is maintained or
operated for the purpose of storing, keeping, processing, abandoning, buying, or selling junk, or for the
maintenance or operation of an automobile graveyard. The latter is the presence of two (2) or more
unregistered, inoperable motor vehicles.
Kennel, commercial. A lot, premises, use, or structure intended and used for the breeding, training, sale, and
overnight boarding of well dogs, cats, or other small domestic animals belonging to a person or persons other
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than the owner of the lot, but not including a veterinary hospital. Includes pet grooming. May or may not
include associated outdoor exercise facilities.
Kennel, private. A structure used for the outdoor accommodation of small domestic animals and not operated
on a commercial basis.
Land development. The construction, reconstruction, conversion, structural alteration, relocation or
enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the
use of any building or other structure, or land, or extension of use of land. Land development shall also include
the connection of any dwelling unit located within the Dorset Street Waterline Service Area as depicted on a
plan dated January 30, 1998, to the Dorset Street water line. Land development shall not include any structural
alteration or interior remodeling project that does not exceed five thousand dollars ($5,000) in construction
cost. This exemption does not apply to a structural alteration which results in an exterior addition or
enlargement of any size or value.
Landscaping. The installation and maintenance of, usually, a combination of trees, shrubs, and plants, but not
including bare soil, uncultivated vegetation, impervious surfaces, and gravel.
Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the
specification of “American Standards for Nursery Stock” published by the American Association of
Nurserymen. See also canopy tree.
Legislative body. The City Council of the City of South Burlington.
Light manufacturing. The processing and fabrication of certain materials and products where no process
involved will produce noise, vibration, air pollution, fire hazard, or noxious emission exceeding the City’s
performance standards or other regulations therefor. Light manufacturing includes but is not limited to the
production of the following goods: home appliances; electrical instruments; office machines; precision
instruments; electronic devices; timepieces; jewelry; optical goods, musical instruments; novelties; wood
products; printed material; lithographical plates; type composition; machine tools; dies and gages; ceramics;
apparel; lightweight non-ferrous metal products; plastic goods, pharmaceutical goods; and food products, but
not animal slaughtering, curing, nor rendering of fats.
Liner Building. A building or portion thereof which is specifically designed to mask and enliven the edge of a
parking lot, garage or structure or a large retail facility (big box), which is located between the front lot line
and the parking lot, garage or structure or large retail facility.
Loading space. A space or berth available for the loading and/or unloading of goods from commercial vehicles.
Long Term Bicycle Storage. Also called protected bicycle storage. Bicycle parking spaces intended for
employees, tenants, and their visitors and intended to provide a high degree of security and protection from
the weather when a bicycle is unattended for a period of time in excess of four hours.
Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common
ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise
permitted by law to be used or intended to be used by a principal building or a group of such buildings and
accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof,
together with such open spaces as required by these land development regulations. Lot boundaries are (A)
established by a deed or deeds recorded in the land records of the City of South Burlington, and the records
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of any public road right-of-way; or (B) shown on a plat approved by the South Burlington Development Review
Board pursuant to subdivision and/or land development regulations, provided such approval has not expired.
Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street in such a way
that the front building line meets either side lot line at interior angle of less than 135 degrees. The point of
intersection of the front lot lines is the corner. A corner lot shall be deemed to have two front yards and two
side yards and no rear yard.
Lot, flag. (A) A lot with no frontage on or abutting a public road and where access to the public road is by a
narrow right-of-way usually granted by easement over another lot with the normally required frontage, or (B)
A lot for which access is provided by a narrow projection of the lot at least fifteen (15) feet in width connecting
said lot to a public street. A driveway accessible by emergency equipment must be located on the projection.
Lot, interior. A lot other than a corner lot and with frontage only on one street.
Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size requirements and such
lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single
lot, except that: (A) contiguous lots which as of June 7, 1947 were devoted to separate and independent uses
shall constitute separate lots so long as such lots continue to be devoted to separate and independent uses;
or (B) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land
Development Regulations shall constitute separate lots provided such uses are conducted in compliance with
the terms and conditions of the approvals granted; or (C) contiguous lots which are shown on a plat approved
by the South Burlington Development Review Board or Planning Commission pursuant to City regulations shall
constitute separate lots provided such approval has not expired.
Lot, through. A lot other than a corner lot with frontage on more than one street.
Lot area. The total area within the lot lines of a lot, excluding any street rights-of-way.
Lot coverage. The total area covered by all principal and accessory buildings and impervious surfaces on a lot,
unless otherwise specified in these Regulations. See also ‘building coverage.’
Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines
are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles
to the front lot line, every ten feet and averaging the length of these lines.
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Figure 2-1, Lots, Yards, and Lot Lines
Lot line. A property line of record bounding one lot from another lot or from a public or private street or any
other public or private space.
Lot line, front. The lot line separating a lot from a street right-of-way. Refer to Figure 2-1 for examples
of lot lines for non-standard lots.
Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot line is ten
(10) feet or less in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed
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to be a line parallel to the front lot line. In this case, the rear lot line shall be a line not less than ten
(10) feet long at the greatest distance from the front lot line and lying wholly within the lot.
Lot line, side. Any lot line other than a front or rear lot line.
Lot owner. A lot owner is the record owner of fee title to a lot.
Lot size. See lot area.
Lot width. The distance between the side lot lines, or for a corner lot, between the side lot line and the
intersection of the two front lot lines, measured along a minimum front setback / build-tozone , as established
by these land development regulations. If no setback is required for the lot according to these land
development regulations and neither setback nor build-to zone has been established on a previously recorded
plat or site plan, lot width is the distance between the side lot lines, or for a corner lot, between the side lot
line and the intersection of the two front lot lines, measured along the street right-of-way.
Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installation or
assembly on the dwelling site, which is at least eight (8) feet in width and at least thirty (30) feet in length,
which bears a seal that it was built to the standard pursuant to the “National Manufactured Housing and
Construction Safety Standards Act of 1974,” 42 U.S.C. Sec.5401 et seq., which is placed upon a permanent
foundation which meets the installation and foundation requirements of the State of Vermont, but which is
not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for
the purpose of moving to a permanent site, and which does not have permanently attached to its body or
frame any wheels or axles. A manufactured home shall be connected to required utilities.
Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or
substances into new products including the assembling of component parts, the manufacture of products,
and the blending of materials.
Master deed. A legal instrument under which title to real estate is conveyed and by which a condominium is
created and established.
Master plan. A plan intended to guide the arrangement of developed and undeveloped areas and streets
within a land development project.
Membership association or organization. A group of people organized for a common purpose to pursue
common goals, interests, or activities, usually for social, recreational, or educational purposes. Such
association or organization is usually characterized by certain formal membership qualifications, payment of
fees or dues, regular meetings, and a constitution and/or by-laws. Such associations or organizations may also
be known as clubs, civic, social, fraternal organizations, trade associations, professional organizations, unions,
political organizations, and religious organizations, and may include such groups as local civic clubs and
associations or local chapters of national associations, and fraternal organizations. Association or organization
shall also refer to the land, establishment, or facilities owned, leased, occupied, and/or operated by the
organization. The members of the organization shall have a financial interest in and method of control over
the assets and management of the association or organization. The building or facility may have accessory
uses such as recreational facilities or banquet facilities and overnight lodging for members but not including
the sale of goods and services to the public on the premises on a regular basis or commercial outdoor
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recreational or entertainment activities. Associations or organizations shall not include establishments
operated for pecuniary gain, such as tennis or health clubs.
Mid-block. The segment of a block length that is located a distance from each corner that is equal to at least
1/3 of the block length.
Mixed-rate housing development. A housing development that has both market rate and below market rate
dwelling units.
Mixed use. A structure or development that is occupied by a nonresidential use and a residential use, or by a
mix of non-residential uses such as office, manufacturing, retail, public, or entertainment uses.
Mobile home. A movable or transportable dwelling unit of at least eight (8) feet in width and thirty-two (32)
feet in length, constructed to be transported on its own chassis and including one or more components for
transporting the unit.
Modular home. A dwelling unit that is constructed in compliance with the State Building Code and composed
on components substantially manufactured and assembled in an off-site manufacturing facility and
transported to the dwelling site for final assembly and a permanent foundation and connection to the
required utilities.
Motel. A building or group of buildings which (A) contains living and sleeping accommodations used primarily
for transient occupancy to the general public on a daily basis for compensation, with the exception of the
manager's or caretaker's unit, and (B) has convenient access to parking spaces for the use of the unit's
occupants by way of separate entrances or groups of separate entrances, outside the main building, into the
individual units.
Motor freight terminal. A building, structure, or area in which trucks, including tractor or trailer units, are
parked, stored, or serviced, including the transfer, loading, or unloading of goods. A terminal may include
facilities for the temporary storage of loads prior to trans-shipment.
Multi-family unit. See Dwelling, multi-family.
Municipal land use permit. Any of the following whenever issued: A. A zoning, subdivision, site plan, zoning
permit or other approval pursuant to these Regulations, any of which relate to “land development” as defined
in this Article, which has received final approval from the applicable board, commission or officer of the
municipality; or B. a septic or sewage system permit issued under any municipal ordinance; or C. final official
minutes of meetings which relate to the permits or approvals described in (A) or (B) above which serve as the
sole evidence of such permit or approval; or C. a certificate of occupancy, certificate of compliance or similar
certificate which relates to the permits or approvals described in (A) or (B) above; or D. an amendment of any
of the documents listed in (A) through (B) above.
Municipal building. A building or structure owned and operated by a Vermont municipal corporation or union
municipal district to house municipal functions, agencies, or offices, and which may or may not be open to
the general public.
Natural drainage flow. The pattern of surface and stormwater drainage from a particular site before the
construction or installation of improvements or prior to any regarding.
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Natural materials. Indigenous materials such as plants, shrubs, trees, wood that is stained or painted a neutral
brown or grey color, unpainted stone, and unpainted brick. “Natural materials” shall not include glass or
concrete for purposes of these Regulations.
Night club or private club. An establishment dispensing liquor and/or meals and in which music, dancing, or
entertainment is conducted.
Nonconforming lot or parcel. A lot or parcel that does not conform to the present Regulations covering
dimensional requirements but that was in conformance with all applicable laws, ordinances and regulations
prior to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of
error by the administrative officer.
Nonconforming use. A use of land that does not conform to the present bylaws but did conform to all
applicable laws, ordinances, and regulations prior to the enactment of the present Regulations, including a
use improperly authorized as a result of error by the administrative officer.
Nonconforming structure. A structure or part thereof that does not conform to the present Regulations but
was in conformance with all applicable laws, ordinances and regulations prior to the enactment of the present
bylaws, including a structure improperly authorized as a result of error by the administrative officer.
Nonconformity. A nonconforming use, structure, lot, or parcel.
Non-point runoff. Surface water entering a stream or drainage way from no definable discharge source.
Not-for-profit organization. An entity organized, managed, and existing as a nonprofit or not for profit
corporation under Title 11B, Chapter 1, of the Vermont Statutes Annotated.
Nuisance element. Any environmental pollutant, such as noise, radioactivity, vibration, glare, smoke, odor,
air pollution, dust, liquid waste, solid waste, or heat.
Nursery. See commercial greenhouse.
Nursing home or convalescent home. See skilled nursing facility.
Office, medical. Any establishment where human patients are examined and treated by doctors, dentists or
other medical professionals but not hospitalized overnight. Medical office may include as an ancillary use the
assembly, fitting, testing and sale of products directly related to the medical service provided in the same
establishment.
Office, general. A building or portion thereof used primarily for conducting the affairs of a business,
profession, service, industry, or government, or like activity, that may include ancillary services for employees
and visitors such as a restaurant or coffee shop, and newspaper/candy stand as permitted by these Land
Development Regulations. This may also be known as a professional building. Building occupancy may be
limited to one tenant or more tenants and/or the building’s owner.
Official Map. The legally adopted Official Map of the City of South Burlington pursuant to subsection 3 of
section 4401 Title 24 VSA Chapter 117, as amended.
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Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource
conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation and
civic use, working lands, or local food production. Open space must be of a quality and size that supports its
intended function or use. Open space specifically excludes streets, parking areas, driveways and other areas
accessible to motor vehicles.
Open space, common. Land within or related to a development, not individually owned or dedicated
for public use, which is designed and intended for the common use or enjoyment of the residents or
employees of the development, and may include such complementary structures and improvements
as are necessary and appropriate.
Open space, public. Open space owned in fee or by the City, a public agency, land trust, or non-profit
organization and maintained for the use and enjoyment of the general public, health, safety, and
welfare of the general public, habitat preservation, agriculture or urban agriculture, or preservation
of other public goods such as landscape or scenic vista preservation.
Open Space, Qualifying. Open Space that meets all of the requirements of Tables 8-1 (Open Space
Requirements), 8-2 (Qualifying Open Space) and the requirements of Appendix F, Open Space.
Open Space, Qualifiable. Open Space that meets the requirements of Tables 8-1 (Open Space
Requirements) and 8-2 (Qualifying Open Space), and the following elements of Appendix F, Open
Space: Type, Description, Size, and Location & Access.
Operable entrance. An entrance to a building that is useable and open to the tenants / owners to access that
portion of the building that is available for their use. An operable entrance may be to an individual residential
or commercial unit, or to some or all of the building. Any such door must be available for entry and exit.
Distances between and average frequency of operable entrances shall be measured per building.
Outdoor display. An outdoor arrangement of products for sale, together with accompanying display structure,
typically not in a fixed position and capable of rearrangement, and typically with products brought indoors
when the business is closed.
Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or unregistered
vehicles for more than twenty-four hours.
Owner. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant
in the entirety with legal title to the whole or to part of a structure or parcel of land.
Parcel. A lot or tract of land or water that is capable of being described in definitive terms with respect to its
location and boundaries.
Park. Any land owned by the public and open for use by the general public for active or passive recreational
purposes, urban agriculture, or as a refuge for wildlife.
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Parking area, facility, or lot. An off-street public or private land area designed and used or intended for use
for the temporary storage of motor vehicles and usually surfaced and improved. Such facility may be a garage
or multi-modal center.
Parking, commercial or private. A parking area owned by a business establishment, membership association
or organization, place of worship, or similar use and made available by the owners or occupants for the
exclusive use of clients, customers, employees, members, owners, tenants, lessees, or occupants of said
business establishment, membership association or organization, place of worship, or similar use. Such
commercial or private parking may or may not exist on the same lot as the principal use.
Parking, public. A municipally-owned parking area available to the public and therefore not for the exclusive
use of the customers or employees of the lot on which the parking area is located. A public parking facility
may or may not require payment of a fee.
Parking, surface. A parking area that is located directly on the ground on a single level.
Parking lane. The portion of the pavement width of a street dedicated primarily to the parking of vehicles,
including striping and gutter pan if present.
Pavement width. The width of the paved portion of a street not including any trails, sidewalks, or pullouts for
transit vehicles.
Performance standards. A set of criteria or limits established by these land development regulations relating
to nuisance elements that a particular use or process shall not exceed.
Permitted use. A use allowed in a zoning district and subject to the restrictions applicable to that zoning
district.
Person.
(A) An individual, a corporation, a partnership, an association, and any other incorporated or
unincorporated organization or group.
(B) For the purposes of Inclusionary Zoning standards within these Regulations, person means an
individual, partnership, corporation, association, unincorporated organization, trust or other legal
or commercial entity, including a joint venture or affiliated ownership; a municipality or state
agency; and, individuals and entities affiliated with each other for profit, consideration, or any
other beneficial interest derived from the development of land. The following individuals and
entities shall be presumed not to be affiliated with a person for the purposes of profit,
consideration, or other beneficial interest within the meaning of this definitions, unless there is
substantial evidence of an intent to evade the purposes of the standards within these Regulations:
(A) A stockholder in a corporation shall be presumed not to be affiliated with a person solely on
the basis of being a stockholder if the stockholder owns, controls, or has a beneficial interest in
less than five percent of the outstanding shares of the corporation; (B) An individual shall be
presumed not to be affiliated with a person solely for actions taken as an agent of another within
the normal scope of duties of a court-appointed guardian, licensed attorney, real estate broker or
salesperson, engineer, or land surveyor, unless the compensation received or beneficial interest
obtained as a result of these duties indicates more than an agency relationship; or (C) a seller or
chartered lending institution shall be presumed not to be affiliated with a person solely for
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financing all or a portion of the purchase price at rates not substantially higher than prevailing
lending rates in the community.
Personal instruction facility. A commercial establishment primarily engaged in providing instruction. Such
instruction may be in any branch of knowledge and may include business schools, trade schools, vocational
schools, drivers’ education, and schools of dance, gymnastics, martial arts, and similar pursuits.
Personal service. An establishment primarily engaged in providing services involving the care of a person or
his or her apparel, such as barber, hairdresser, beauty or nail salon, shoe shine or repair, day spa, laundromat,
or dry cleaner. "Personal service" shall not include establishments providing tattoo or body piercing services.
Permeable surface. A material that permits full or partial absorption of stormwater into the ground.
Pervious Surface. See permeable surface.
Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of their home
by the business owner during normal business hours, with no overnight boarding, training, sale, or breeding
of pets. Includes pet grooming. May or may not include associated outdoor exercise facilities.
Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise cleaned
for the purpose of enhancing their aesthetic value or health, but not including any outdoor exercise facilities.
Place of lodging. See Hotel.
Place of worship. A building or structure, or groups of buildings or structures, which by design, construction,
or use are primarily intended for the conducting of organized religious services and associated accessory uses.
May also include use of facilities for indoor or outdoor recreation, community center, or licensed non-
residential child care as accessory uses.
Plan. A municipal comprehensive plan adopted pursuant to subchapter 5, section 4385 of Title 24 VSA Chapter
117.
Plan, final. A map and site plan representing a tract of land, showing all requird elements of a site plan and
which is presented to the Development Review Board or Administrative Officer for final approval.
Plan, preliminary. A preliminary map and site plan indicating the proposed layout of the site which is
submitted to the Development Review Board or Administrative Officer for consideration and preliminary
approval.
Plan, sketch. A concept map of a proposed site plan of sufficient accuracy and detail to be used for the purpose
of discussion with the Administrative Officer or Development Review Board.
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Planned unit development (PUD). One or more 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 the area, density or dimensional requirements or
allowable number of structures and uses per lot as established in any one or more districts created under the
provisions of these regulations. The specific requirements of a PUD and the area, density and dimensional
provisions that may be modified are defined in each district in which PUDs are allowed.
Planning Commission. The City of South Burlington Planning Commission, created pursuant to subchapter 2
of Title 24 VSA Chapter 117.
Plant material. The trees, shrubs, plants, or other ground cover including grass that constitutes the plant
component of landscaping.
Plat. (A) A map representing a tract of land, showing the boundaries and location of individual properties and
streets, or (B) a map of a subdivision.
Plat, final. The final map of all or a portion of a subdivision which is presented to the Development Review
Board for final approval and which, upon approval, shall be recorded with the City Clerk.
Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which is submitted to
the Development Review Board for consideration and preliminary approval.
Plat, sketch. A concept map of a proposed subdivision of sufficient accuracy and detail to be used for the
purpose of discussion with the Administrative Officer or Development Review Board.
Porch: a covered but unenclosed projection from the main wall of a building.
Porch, open: A porch, open on three sides. Railings or walls on the sides shall not exceed 40 inches
in height from the porch floor.
Porch, enclosed: A porch, enclosed on two or more sides by glass, plastic, netting, wire, walls, or
similar temporary or permanent materials at a height above 40 inches from the porch floor.
Pre-construction grade. See grade, pre-construction.
Preliminary approval. The conferral of certain rights, prior to final approval, after specific elements, as
required in this ordinance, of a development site plan, master plan, planned unit development or subdivision
have been approved by the Development Review Board.
Primary Agricultural Soils. Soils classified by the Natural Resources Conservation Service as prime or statewide
important soils for agriculture production.
Principal building. A building in which is conducted or is intended to be conducted the main use or uses of the
lot on which it is located.
Principal use. The primary or predominant use of a lot.
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Private club. See membership association or organization.
Processing and storage. The storage of materials in a facility where such materials may be combined, broken
down, or aggregated for trans-shipment or storage purposes where the original material is not chemically or
physically changed. Processing and storage is a single term and refers essentially to a storage and shipment
place as opposed to a manufacturing establishment, distribution center, or truck terminal. Processing and
storage shall not include the storage, maintenance or repair of trucks on a site as a principal or accessory use.
Prohibited use. A use that is not allowed in a zoning district.
Public drainage way. The land reserved, dedicated, or used for the installation of storm water sewers, swales
or drainage ditches, or required along a natural stream or watercourse for preserving the channel and
providing for the flow of water so as to safeguard the public against flood damage, sedimentation, and
erosion.
Public entrance. An entrance to a building that is useable and open to the public during business hours. Any
such door must, at a minimum, be useable and open to the public for entry. Distances between and average
frequency of public entrances shall be measured per building.
Public notice. The form of public hearing notice prescribed by Title 24 VSA Chapter 117, Section 4464.
Public realm. Includes all exterior places, linkages and built form elements that are physically and/or visually
accessible to all members of the general public, during all business hours, or the majority of the day for
residential buildings, regardless of ownership. These elements can include, but are not limited to, pedestrian
ways, bikeways, plazas, nodes, squares, transportation hubs, playgrounds, parks, landmarks and are typically
adjacent to the street or public place. The Public Realm shall be a physical place.
Quasi-public use. A use owned or operated by a non-profit, religious, or charitable institution and providing
educational, cultural, recreational, religious, or other similar types of public programs.
Recreation facility. A place designed and equipped for the conduct of active and passive sports, participatory
athletic activities, leisure time activities, and other customary and usual recreational activities. Excluded are
facilities intended for spectator activities such as stadiums and arenas.
Recreation facility, indoor. A recreational facility located wholly within an enclosed building(s).
Activities are available on a fee or membership basis primarily for the benefit of persons not residing
on the lot on which the facility is located. Indoor recreation structures may have accessory uses or
structures such as snack bars, locker rooms, and pro shops that are designed and intended for use by
the patrons of the primary use. Examples of such use include but are not limited to public or private
health clubs, tennis or other racquet courts, swimming pools, YMCAs and YWCAs, health or fitness
centers, indoor play areas, training studios for group recreation activities such as martial arts,
gymnastics, and dance, bowling alleys, shooting ranges, roller rinks, rock climbing walls, and other
similar uses.
Recreation facility, outdoor. A commercial recreational facility for activities wholly or partially outside
of any building or structure. Fields, trails, bodies of water, or other land may be used for recreational
purposes. Where permitted, structures may include swimming pools, tennis courts, skating rinks,
playground equipment, storage and accessory buildings, similar facilities, and accessory uses such as
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snack bars, pro shops and locker rooms. Examples of outdoor recreation include but are not limited
to public and private golf courses, clubs, swimming pools, tennis courts, ball fields, ball courts, driving
ranges, miniature golf courses, skateboard parks, and other similar unenclosed recreation activities.
Recreation path. A public path, any portion thereof, either existing or planned, that is used by the general
public for recreation.
Recreational vehicle. A motorized or non-motorized vehicle or piece of equipment usually used or stored on
wheels or used in the water and used for leisure time for camping, boating, and traveling. "Recreational
vehicle" shall include personal watercraft, (e.g. Jetskis).
Redevelopment.
(A) The demolition and reconstruction of a structure or portion of a structure.
(B) For the purposes of stormwater standards within these Regulations, the demolition and
reconstruction of a structure, impervious surface, or portion of a structure or impervious surface.
Religious use or institution. See Place of Worship
Removal. The relocation of a structure from one site to another site, whether intact or in separate pieces.
Repair. Any change to a structure that is not construction.
Required improvements. Capital improvements required by the Development Review Board or Planning
Commission in conjunction with the subdivision or development of land, including without limitation,
monuments, lot markers, streets, curbs, sidewalks, street signs, outdoor lighting, water mains, sanitary
sewers, storm drains, stormwater facilities, fire hydrants, and landscaping.
Research facility or laboratory. An establishment or other facility for carrying on basic and applied research
into the natural, physical, or social sciences, or engineering and development as an extension of investigation
with the objective of creating end products; and including any educational activities associated with and
accessory to such research; but not including a medical office, dental, optical, or veterinary clinic, or a research
facility or laboratory located on the principal site of a health or educational facility.
Residence. The home, abode, or place where an individual is living at a specific point in time.
Residential Care Home. A residential care home as defined by 33 V.S.A §7102(10)
Residential Use. A use defined as a dwelling, dwelling unit, housing, or housing unit.
Residential district. A zoning district established in these land development regulations which permits
primarily residential uses and shall include the Residential 1, Residential 2, Residential 4, Residential 7,
Residential 7 with Neighborhood Commercial, Residential 12, Queen City Park, Lakeshore Neighborhood, and
Southeast Quadrant Districts, and any other subsequently adopted residential districts.
Resource extraction. The removal or recovery by any means whatsoever of soil, rock, minerals, mineral
substances, or organic substances, other than vegetation, from water or land, on or beneath the surface
thereof, or beneath the land surface, whether exposed or submerged.
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Restaurant. An establishment where food and drink is available to the general public. Alcoholic beverages
may or may not be served, but shall only be incidental to the serving of food.
Restaurant, short-order. A restaurant where the principal business is the sale of a limited line of
specialized, pre-prepared or rapidly prepared foods or beverages directly to the customer in a ready-
to consume form and whose operation is characterized by (A) service of food or beverage principally
in containers or in paper, plastic or other disposable containers or wrappers, (B) availability of food or
beverages for consumption immediately or within a brief period after ordering, and (C) insufficient
seating facilities within the restaurant building for the total volume of food sold. Short-order
restaurants may also include food delivery services and shall include bakeries and delicatessens.
Additional outdoor seating on a seasonal basis may be permitted in conjunction with a short-order
restaurant, subject to all applicable standards in these Regulations.
Restaurant, standard. A restaurant where the principal business is the sale of foods or beverages for
consumption within the restaurant building and whose operation is characterized by service by a
restaurant employee at the same table or counter at which food or beverage is to be consumed. Those
restaurants principally characterized as standard restaurants but with a substantial take-out, delivery
and/or short order component may be required to meet supplemental parking standards pursuant to
these Regulations. Additional outdoor seating on a seasonal basis may be permitted in conjunction
with a standard restaurant, subject to all applicable standards in these Regulations.
Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at
retail or wholesale for personal or household consumption or for business use and rendering services
incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged
in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may
process or manufacture some of the products for sale, such as a jeweler or baker, but such production or
manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own
personal, household, or business use. Such an establishment may have a short order restaurant as an
accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within
the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 square feet
3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted
in conjunction with this accessory short order restaurant. A Wholesale Club is considered to be Retail Sales in
these Regulations.
Retail warehouse outlet. Retail sales from a warehouse as an accessory use to the principal warehouse use.
Retaining wall. A structure constructed and erected between lands of different elevations to protect
structures and/or to prevent erosion.
Right-of-way. (A) A strip of land created by conveyance, reservation, dedication, prescription or
condemnation, and intended to be occupied primarily by a means of access or utilities, as such by road, path,
crosswalk, sidewalk, recreation trail, railroad, electric transmission lines, oil or gas pipeline, water line,
sanitary sewer, storm sewer or drainage, utility line, and other similar uses; or (B) generally, the right to pass
over the property of another.
Runoff. See stormwater.
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School. A building or premise or part thereof that is designed, constructed, or used for education or instruction
in a branch of knowledge. The school may be public or private. Such use shall not include vocational or trade
school; these are termed personal instruction facilities.
School, elementary. Any school that meets state standards and requirements for elementary
education.
School, secondary. Any school that meets state standards and requirements for secondary education.
Seasonal mobile food unit: A short order restaurant that is open for business for only a portion of each year.
Food is customarily consumed partially on and partially off premise. Outdoor seating may consist of benches,
tables, and chairs that are not permanently affixed to the ground. The food unit, along with all accessory items
such as tables, chairs, benches, and dumpsters, are removed from the site at the expiration of a permit under
these regulations. Restrooms are not customarily provided in conjunction with a seasonal mobile food unit.
Self storage. A structure containing separate, individual and private storage spaces of varying sizes leased or
rented on individual leases for varying periods of time.
Service station. A building, place of business, land area, or other premises, or portion thereof, used or
intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including,
as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories
and retail items. Minor repair service may also be rendered. See service station. The free or retail dispensing
of electricity for vehicles within approved on-street or off-street parking spaces shall not constitute a service
station.
Setback. The distance from the nearest portion of a structure to any lot line. For purposes of this section, a
structure shall not include: (A) eaves, sills, pilasters, gutters, leaders, cornices, chimneys, and roof overhangs
provided such features do not extend more than two (2) feet from the remainder of the structure; (B) steps
to first floor entries provided such features do not extend more than five (5) feet from the remainder of the
structure; (C) ramps for the disabled; and (D) light poles.
Setback(s), front. The required setback from the front lot line.
Setback, rear. The required setback from the rear lot line.
Setback(s), side. The required setback from the side lot line.
Shopping center. A group of two (2) or more retail establishments or restaurants, including all associated out-
parcels (whether or not they have been subdivided from the original tract), having a unified design of
buildings, coordinated parking and service areas, and development plan in accordance with the requirements
of the zoning district in which it is located, and provision for goods delivery is separated from customer access.
The shopping center shall be planned, constructed, and developed and/or managed as a unified entity. Non-
retail uses, such as offices, theaters, hotels, and automotive repair facilities, may be included in the overall
development plan provided such uses are approved by the DRB in conjunction with the overall shopping
center.
Short Term Bicycle Parking. Also called bicycle parking. Bicycle parking spaces to accommodate customers,
patients, employees, clients, and those biking to those locations to do business.
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Shrub. A woody branching plant of relatively low height.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a
pedestrian walkway. The sidewalk may be separated or may directly abut the street, according to regulations
in this ordinance.
Sidewalk, full. A sidewalk running flush with the curb by landscaping provided in tree wells or planters
Sidewalk, ribbon. A sidewalk separated from the curb by a landscaped greenbelt.
Sign. A sign as defined in the South Burlington Sign Ordinance, as amended.
Significant tree. A tree other than an evergreen with a caliper of eighteen (18) inches or more.
Silviculture (Forestry). Shall include the following land use activities conducted in accordance with state-
defined proper forest management: the growing and harvesting of trees or timber for purposes other than
their fruit; and the use of temporary processing equipment such as chippers and portable sawmills, which are
used in association with harvesting operations and are removed from the site once harvesting operations are
complete.
Site Balancing. Where stormwater control and/or treatment of certain limited areas of new, redeveloped, or
substantially reconstructed impervious surface area are not possible, the impact from these areas of
untreated impervious surfaces will be compensated on an equivalent basis by controlling and/or treating
other impervious surfaces on the lot, parcel, or property. This can be accomplished by providing additional
control and/or treatment beyond what is required for impervious surface areas already subject to the
requirements of 12.03(C) or by providing control and/or treatment for impervious surfaces that are not
otherwise required to meet the requirements of 12.03(C). The applicant must own or otherwise control the
impervious surfaces used for site balancing.
Site plan. The development plan for one or more lots on which is shown the existing and proposed conditions
of the lot(s) including topography, vegetation, drainage, floodplains, marshes, and waterways, open spaces,
walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening
devices, and other information that reasonably may be required in order that an informed decision can be
made by the Development Review Board or other approving agent or body.
Single block face. A continuous span along a block without a vehicular street.
Skilled nursing facility. An institution or part of an institution that provides licensed, skilled, full-time nursing
care and related services for patients who require medical, nursing, and/or rehabilitative services. The facility
shall provide extended and/or intermediate care for those who by reason of advanced age, illness, infirmity,
or mental impairments need acute, chronic, or convalescent care. Such facility shall also be known as a nursing
home, convalescent facility, or long-term care facility.
Small maturing tree. A tree whose height is thirty-five (35) feet or less at maturity and meets the specification
of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also
canopy tree.
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Social services. Establishments providing assistance and aid to those persons requiring counseling for
psychological problems, employment, learning disabilities, and/or physical disabilities. This includes
organizations soliciting funds for these and related services. May include on-site ancillary services, such as
child care, but shall not include accommodations for overnight stays.
Stormwater. The portion of precipitation and snowmelt that flows across ground surfaces and is eventually
returned to a waterbody such as a river, stream, pond, or reservoir.
Story. That part of a building above ground level between a floor and the floor next above. If there is no floor
above it, then the space between the floor and the roof or ceiling next above it. Story shall include basements
and not cellars. An intermediate floor between the floor and ceiling of any story shall be deemed a mezzanine
and shall not be counted as a story unless the total of all mezzanine areas exceeds five thousand square feet
(5,000 SF) or one-third of the area of the floor immediately below it, whichever is less. A basement shall be
considered as a story where the finished surface of the floor above the basement is: (1) More than four (4)
feet above the average pre-construction level of the adjoining ground, or (2) More than twelve (12) feet above
the pre-construction ground level at any point.
Half Story. The habitable floor area within the roof of a sloped roof structure or the attic made
habitable with dormers.
Ground Story. The first story of a building other than a cellar or basement.
Roofline story. A story whose finished floor is located at or above the principal roofline of a building.
Story Below Roofline. A story whose finished floor is located below the principal roofline of a building.
Story Facing Street. A Story Below Roofline that faces an existing or planned private or public street.
A story shall be considered to face an existing or planned private or public street if any point along
the side of the building most closely parallel such street is exposed by more than four (4) feet.
Total Stories. The sum of all stories in a building.
Stream. A watercourse having a source and terminus, banks, and channel through which waters flow at least
periodically.
Stream, major. In the City of South Burlington, these shall be the Winooski River, Muddy Brook, and
the main stem of Potash Brook.
Stream, minor. In the City of South Burlington, these shall be the main stem and all tributaries of
North Brook, Monroe Brook, Bartlett Brook, Centennial Brook, and Engelsby Brook; those streams
forming the headwaters of Shelburne Pond; and all tributaries of Potash Brook and Muddy Brook.
Street. A way primarily for vehicular travel that (A) is an existing state, county, or municipal roadway; (B) or is
shown upon an approved and recorded plat approved pursuant to law; or (C) is approved by other official
action. A street shall include all land between the street lines (also known as the boundary lines of the right-
of-way), whether improved or unimproved. The word “street” shall be equivalent to the words “road” or
“roadway.”
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Street, arterial. A public street that is used or will be used primarily for through traffic flow. These
streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or most recent
update.
Street, collector. A street that is used or will be used primarily for connecting local street traffic to the
arterial street system. These streets are designated in the transportation chapter of the 2001
Comprehensive Plan, or most recent update.
Street, local. A street used primarily for direct access to property and not for through traffic flow.
These streets are all those not designated as arterial or collector.
Street, private. A private street is any street providing access to one or more parcels of land that is
not intended to be accepted for ownership by the City. The dimensional standards, including width of
the right of way and roadbed, and method of connection to public streets, are determined by the City.
A private street is expected to meet the standards determined by the City and shall not be confused
for an access drive, driveway or the specifications thereof.
Street, public. A right-of-way or fee simple tract of land which has been set aside for public travel,
dedicated to the City by the recording of a subdivision plat or irrevocable offer of dedication, built to
public street standards, and eligible for ownership by the City of South Burlington or other public
entity.
Street furniture. Objects placed along a street for public use, such as benches, waste bins, etc.
Street orientation. The direction of the front façade of a structure in relation to the street.
Street line. The outer boundary of a street right-of-way.
Street Type. Title, function and requirements for design of street rights-of-way.
Street right-of-way. Any right-of-way that is either:
(A) Public: set aside for public travel which is accepted or eligible to be accepted for ownership by the
City of South Burlington or the State, if so authorized; or has been dedicated for public travel by the
recording of a plat or a subdivision which has been approved or is subsequently approved by the City
of South Burlington; or has otherwise been established as a public street prior to the adoption of these
land development regulations; the right-of-way for a public street.
Or
(B) Private: set aside to allow travel and access between one or more parcels of land and a public
street, the dimensions of which shall be depicted clearly on a plat or plan approved or subsequently
approved by the City and recorded or proposed to be recorded in the land records and which is not
intended to be, and will not be, accepted for ownership by the City of South Burlington; the right-of-
way for a private street.
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Structure. Any construction, erection, assemblage or other combination of materials upon the land, including
but not limited to, buildings, mobile homes, swimming pools, tennis courts, antennas, satellite dishes, utility
sheds, trailers, billboards, signs, walls or fences (except a wall or fence on an operating farm). A structure may
be erected for use, occupancy, or ornamentation, and the use of which requires permanent or temporary
location on, above, or below the surface of the ground or water. By definition, all buildings are structures, but
not all structures are buildings. The term “structure” shall not include paved surfaces such as parking areas,
sidewalks, and patios.
Subdivider. Any person, firm, corporation, partnership, or association, who shall lay out for the purpose of
sale or development any subdivision or part thereof as defined herein either for himself or others. The term
shall include an applicant for subdivision approval.
Subdivision.
(A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other
divisions of land for sale, development, or lease. The term subdivision includes amended subdivision
and, as appropriate in these regulations, shall refer to the process of subdividing land.
(B) Division of land for agricultural or forestry purposes in parcels all of which are larger than twenty
five (25) acres, not involving any new street or access, shall not be deemed a subdivision, provided an
instrument which waives development rights, until and unless subdivision review occurs, is approved
by the City Attorney and City Council, and is recorded in the City's land records.
(C) Division of land such as for minor realignment of property boundary lines of pre-existing lots, for
municipal purposes which conform to the Comprehensive Plan (such as road widening, easements,
sidewalks, parks, etc.), or alteration of existing lots as specifically permitted under these Land
Development Regulations, shall not be deemed a subdivision, but is known as a minor lot line
adjustment.
Subdivision, major. Any subdivision involving any of the following: (1) the creation of three or more
lots, (2) a planned unit development, (3) the extension or creation of public streets, or (4) the
extension of any off-tract municipal or governmental facilities or improvement.
Subdivision, minor. Any subdivision that is not a major subdivision as defined above.
Substantial improvement. Any repair, reconstruction, or improvement of a structure or property, the cost of
which equals or exceeds fifty percent (50%) of the fair market value of the structure or property either, (A)
before the improvement or repair is started, or (B) if the structure or property has been damaged and is being
restored, before the damage occurred. For the purpose of this definition, substantial improvement is
considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure. The term does
not, however, include either (A) any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions
or (B) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of
Historic Places.
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Substantial reconstruction. The reconstruction of an impervious surface where an impervious surface
currently exists when such reconstruction involves site grading, subsurface excavation, or modification of
existing stormwater conveyance. Substantial reconstruction does not include maintenance or management
activities on impervious surfaces including any crack sealing, patching, cold planning, resurfacing, reclaiming,
or grading treatments used to maintain pavement, bridges, and unpaved roads.
Supermarket or grocery store. See retail food establishment.
Swimming pool. A man-made body of water or receptacle for water and constructed, installed, or maintained
in or above ground.
Tavern. See bar.
TDR. Transfer of Development Rights or Transferrable Development Rights.
Technical deficiency. A defect in a proposed plan or bylaw, or an amendment or repeal thereof which does
not involve substantive change to the proposal, including but not limited to corrections to grammar, spelling
and punctuation, as well as the numbering of sections.
Townhouse or rowhouse. See dwelling.
Tract. An area, parcel, site, piece of land, or property that is the subject of a development application.
Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials, goods or
objects, or is used as a temporary office. Trailers shall be allowed on a work site as temporary offices provided
any such temporary location has received necessary approvals.
Travel lane. The portion of the pavement width of a street dedicated primarily to the movement of vehicles
in one track of travel including striping if present.
Telecommunications. The transmission and reception of audio, video, data, and other information by wire,
radio frequency, light, microwave, and other electronic or electromagnetic systems.
Telecommunications tower. A structure on which transmitting and/or receiving antenna(e) are located. Such
antenna(e) may be used for commercial, industrial, municipal, county or state telecommunication purposes.
Such structure may be a purpose-built free-standing tower, guyed tower, monopole, camouflaged or “stealth”
design tower, a roof with mounted antenna(e), or any building façade of steeple, water tower, silo, sign, or
other similar structure.
Transferrable Development Rights. The development potential of a parcel of land assigned by these
regulations and measured in dwelling units per gross acre, which may be severed from a parcel, the sending
parcel, and which may be transferred to and used on another parcel, the receiving parcel. To the extent that
the development potential of a sending parcel is used on a receiving parcel, rights or interests in the parcel
created by a legal instrument in perpetuity, conserving the sending parcel and limiting the possible uses of
the sending parcel to agriculture, forestry, natural area and/or outdoor non-motorized recreation shall be
granted to the City, a State agency or a Qualified Organization, as defined in 10 V.S.A. section 6301a, as
amended from time to time.
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Transportation services. Establishments primarily engaged in furnishing passenger transportation, including
local, statewide and interstate bus service, taxicabs, passenger transportation charter service, and terminal
and maintenance/service facilities for motor vehicle passenger transportation.
Transect Zone. A type of District established within the Form Based Code portion of these Land Development
Regulations. Also known as a T-Zone.
Transect Zone Unit. Within a Transect Zone, a unit shall be considered as 1,500 sq. ft. gross floor area (GFA)
(regardless of the number of bedrooms or use) for the purposes of calculating minimum density. All new
dwelling units less than 1,500 sq. ft. GFA shall equal the proposed new unit GFA sq. footage divided by 1,500,
for example: 750 sq. ft. shall be considered ½ unit. A new structure or proposed square footage of 1,501 sq.
ft. GFA or larger shall be considered (proportionately) more than one unit; for example, 3,000 sq. ft. GFA of
new or proposed construction shall be considered two units. Units per acre allowances shall use this standard.
In T-5 and T-4 micro-units (for affordability purposes 200 sq. ft. to 500 sq. ft.) shall be allowed and encouraged.
In T-3 cottage housing/starter houses (houses under 1200 sq. ft. or less than one unit) is encouraged.
Transect Zone Subdivision. A subdivision of land within a Transect Zone.
Urban Agriculture. The use of land and structures within or on the edge of an urban or suburban area to
produce, process, and market food and fuel, primarily for local consumption. Characterized by intensive
production methods on relatively small sites as compared to traditional farming. May include but not limited
to: greenhouses; rooftop gardens; community gardens; backyard poultry, bees, or other livestock.
Use. The specific purpose or activity for which a structure, building, or land is or may be designed, arranged,
designated, or intended or for which a structure, building, or land is or may be occupied and maintained. The
term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
Utility, private or public. (A) Any person, entity, agency, or establishment which, under public franchise or
ownership, or under certificate of convenience and necessity, generates, transmits, distributes, and/or
provides the public with utility services such as electricity, gas, heat, steam, communication, transportation,
water, sewage collection, cable television, telephone, or other similar service, or (B) a closely regulated private
enterprise with a franchise for providing a public service. Such services include the erection, construction,
alteration, or maintenance of underground, surface or overhead transmission and collection systems, and the
equipment and appurtenances necessary for such systems to furnish an adequate level of public service.
Utility cabinet. This generic term shall encompass electric transformers, switch boxes, telephone pedestals
and telephone boxes, cable television boxes, traffic control boxes, accessory telecommunications
transmission equipment and storage sheds, substation, or communication relay station, and similar devices.
Vacancy. Any unoccupied land, structure, or part thereof that is available and suitable for occupancy.
Vested right. The right to undertake and/or to complete a development and use of property under the terms
and conditions of an approved subdivision plat or site plan.
Veterinary hospital. A place where animals are given medical care and the boarding of animals is limited to
short-term care for a certain period of time. Includes pet grooming. May or may not include associated
outdoor exercise facilities.
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Walkable mixed-use development. Such development shall be designed as part of a planned unit
development or master plan and shall have the following components: (A) a mix of residential and commercial
uses and densities, with institutional and municipal uses encouraged; (B) proximity to public transportation
(ideally within one-half mile); (C) a connected street network with relatively short blocks, sidewalks and
crosswalks, pedestrian-scaled lighting, street trees, and/or recreation paths and bicycle paths; and (D) a
compact design characterized, for example, by lots smaller than typically required in commercial districts in
these land development regulations, and streets narrower than typically required, and housing and businesses
oriented towards the street rather than parking areas.
Warehouse. A building used primarily for the storage of goods, materials, and merchandise.
Warehousing. The indoor storage of goods, materials, and merchandise for shipment to or processing on
another property. This may include truck terminal facilities for handling freight with or without maintenance
facilities.
Wetland. An area that is inundated by surface or groundwater with a frequency sufficient to support
vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and
reproduction. Such areas include, but are not limited to, fens, marshes, swamps, sloughs, potholes, ponds,
but excluding such areas as grow food or crops in connection with farming activities. The boundary of a
wetland shall be delineated by the methodology set forth in the 1989 edition of the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands, or any subsequent amendment or revision of that
document.
Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail
sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal
or household consumption or for business use. The patronage of a wholesale club is typically restricted by a
membership requirement.
Wholesale establishment. An establishment or place of business primarily engaged in selling goods, products,
material, and merchandise stored on the premises to retailers or persons who are the intermediaries between
the producer and the consumer; to industrial, commercial, institutional or professional business users; to
other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such
individuals or companies. Under these Regulations, this definition of Wholesale establishment specifically
excludes the Wholesale Club use. A Wholesale Club shall not be considered to be a Wholesale establishment.
Working Land. Land that is used for farming or forestry.
Yard. An area on a lot that lies between the principal or accessory building or buildings and the nearest lot
line, and is unoccupied and unobstructed from the ground upward to the sky by any structure or portion
thereof except as permitted by these land development regulations. Fences, walls, poles, posts, and other
customary yard accessories and ornaments may be permitted in any required yard, subject to height
limitations. A required yard is that portion of a yard meeting the minimum yard requirements of the applicable
zoning district. [See Also Figure 2-1, Lot Lines and Yards]
Yard, front. A yard extending the full length of the front lot line and situated between the front lot
line and the front of the principal building at its farthest point from the front lot line. Each yard that
abuts a front lot line shall be deemed a front yard.
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Yard, rear. A yard extending across the full length of the rear lot line and situated between the rear
lot line and the back of the principal building at its farthest point from the rear lot line. In the case of
a through lot or corner lot, there shall be no rear yard, but only front and side yards.
Yard, side. A yard extending along the full length of the side lot line and situated between the side lot
line and the side of the principal building at its farthest point from the side lot line, but excluding any
area encompassed within a front yard or rear yard. In the case of a through lot or corner lot, there
shall be no rear yard, but only front and side yards. See Figure 2-1.
Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests
directly on a lot line.
Zoning district. A specifically delineated area or district within the corporate limits of the City of South
Burlington for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of
buildings and premises are uniform. This is also known as a zone.
Zoning map. The Zoning Map or Maps of the City of South Burlington, Vermont, together with all amendments
subsequently adopted, which are part of these Land Development Regulations and which delineate the
boundaries of the zoning districts. Also includes any Form Based-Codes District Map and associated
designated Street Types.
Zoning permit. A document signed by the Administrative Officer, as required in these Regulations, as a
condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration,
alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure,
or building complies with the provisions of the Regulations or authorized variance.
2.03 Definitions for Flood Hazard and River Corridor Purposes
The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District.
Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the
purposes of this bylaw.
Associated transportation and utility networks. Those transportation and utility networks connected to a
bridge, culvert, or utility for the purpose of crossing a river or stream and do not include transportation or
utility networks within the river corridor that merely run parallel to a river or stream.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year (commonly
referred to as the “100-year flood”).
Base Flood Elevation (BFE). The elevation of the water surface elevation resulting from a flood that has a 1
percent chance of equaling or exceeding that level in any given year. On the Flood Insurance Rate Map the
elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American
Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or the average depth
of the base flood, usually in feet, above the ground surface.
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Basement. Any area of a building having its floor elevation below ground level on all sides, including
crawlspaces.
Channel. An area that contains continuously or intermittently flowing water that is confined by banks and a
streambed.
Common Plan of Development. Where a structure will be refurbished or constructed over a period of time
under one approved plan or permit, but in separate stages, phases, or in combination with other construction
activities. Such work might be planned unit by unit and may take place at different times, or on different
schedules.
Critical facilities. Facilities that are vital to public health and safety – includes police stations, fire and rescue
facilities, hospitals, public and private schools, shelters providing temporary housing assistance, assisted living
facilities, congregate care facilities, and skilled burning facilities.
Designated center. A downtown, village center, new town center, growth center, or neighborhood
development area designated pursuant to 24 V.S.A. Chapter 76A.
Development. Any human-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
Encroachment. Activities or construction including fill, substantial improvements, and other development
that may cause an increase in flood levels.
Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream channel that
occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it
generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel
bed elevation.
Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or diminishes
the flood storage capacity at the site. Temporary storage of materials for less than 180 days is not considered
fill.
Flood. (a) a general and temporary condition of partial or complete inundation of normally dry land areas
from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters
from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current; (b) the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal
surge, or by some similarly unusual and unforeseeable event which results in flooding.
Flood hazard. Those hazards related to damage from flood-related inundation or erosion.
Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.
“Area of special flood hazard” is synonymous with the term “special flood hazard area.”
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Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to
the community. In some communities the hazard boundaries are available in paper, pdf, or Geographic
Information System formats as a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if appropriate,
the corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and /or flood related erosion hazards.
Floodplain or flood-prone area. Any land area susceptible
to being inundated by water from any source (see definition
of “flood”).
Flood proofing. Any combination of structural and non-
structural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities,
structures and their contents.
Floodway. The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing
the water surface elevation more than one foot at any point.
Please note that Special Flood Hazard Areas and floodways
may be shown on a separate map panels.
Floodway, Regulatory in the City of South Burlington. The
channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water
surface elevation more than one foot at any point.
Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a river. Fluvial
erosion is most likely to occur within the river corridor.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried
out in close proximity to water.
Grading. The movement or replacement of topsoil or other material originating on the site and within the
flood hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought
from outside the flood hazard area and such new material is not offset with an equal or greater removal of
material from the portion of the site within the flood hazard area, the new material shall be considered “fill”
and shall not be considered grading.
Historic Structure. Any structure that is: (a) listed individually in the National Register of Historic Places (a
listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register; (b) certified or
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preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district; (c) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local
inventory of historic places in communities with historic preservation programs that have been certified
either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the
Secretary of the Interior in states without approved programs.
Infill development. A construction, installation, modification, renovation, or rehabilitation of land, interests
in land, buildings, structures, facilities, or other development in an area that was not previously developed
but is surrounded by existing development.
Letter of Map Change (LOMC). A letter issued by FEMA officially removing a structure or lot from the flood
hazard area based on information provided by a certified engineer or surveyor. This is used where structures
or lots are located above the base flood elevation and have been inadvertently included in the mapped special
flood hazard area. A LOMC can include a Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR),
Letter of Map Revision based on Fill (LOMR-F), or a Letter of Map Revision for a Floodway (LOMR-FW).
Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a
basement area is not considered a building’s lowest floor provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
Manufactured home (or Mobile home). A structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term “manufactured home” does not include a “recreational vehicle”.
National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter 50 and
implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program aims to
reduce the impact of flooding on private and public structures. It does so by providing affordable insurance
to property owners in communities that adopt and enforce floodplain management regulations. These efforts
help mitigate the effects of flooding on new and improved structures.
Natural and beneficial floodplain functions. The functions associated with the natural or relatively
undisturbed floodplain which include moderating flooding, retaining flood waters, and reducing erosion,
sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem services
such as wildlife habitat, water quality, and recharge of ground water.
New construction. Structures for which the start of construction commenced on or after the effective date of
the floodplain management regulation and/or River Corridor regulations adopted by the community and
includes any subsequent improvements to such structures.
Non-residential. Uses not defined as “Residential Use” in Section 2.02.
Public water access. A public access to a water of the State and, except for toilet facilities, shall not include
structures as defined in this bylaw.
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Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured
at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty
truck; and (d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for
recreational, camping, travel, or seasonal use.
Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land, interests
in land, buildings, structures, facilities, or other development in a previously developed area. The term
includes substantial improvements and repairs to substantially damaged buildings.
Replacement structure. A new building placed in the same footprint as the pre-existing building and does not
include a change in use.
River. The full length and width, including
the bed and banks, of any watercourse,
including rivers, streams, creeks, brooks,
and branches which experience perennial
flow. “River” does not mean constructed
drainageways, including water bars,
swales, and roadside ditches.
River corridor. The land area adjacent to a
river that is required to accommodate the
dimensions, slope, planform, and buffer of
the naturally stable channel and that is
necessary for the natural maintenance or
natural restoration of an dynamic
equilibrium condition and for minimization
of fluvial erosion hazards, as delineated by
the Vermont Agency of Natural Resources
in accordance with river corridor
protection procedures. (10 V.S.A. § 1422).
Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or greater chance of
flooding in any given year. For purposes of these regulations, the term “area of special flood hazard” is
synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A, AO,
AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by the Federal
Emergency Management Agency. Maps of this area are available for viewing in the municipal office or online
from the FEMA Map Service Center: msc.fema.gov Base flood elevations have not been determined in Zone
A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at
selected intervals on maps of Special Flood Hazard Areas that are determined by detailed methods. Please
note, where floodways have been determined they may be shown on separate map panels from the Flood
Insurance Rate Maps.
Start of construction. For purposes of floodplain management, determines the effective map or bylaw that
regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial
improvement, and means the date the zoning permit was issued provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the
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permit date. The actual start means either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, regardless whether that alteration affects the external dimensions
of the building.
Storage. The aggregation of materials, items, or objects whether natural or human-made; that is kept as a
stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory may
change, but where the general footprint of the stored materials continues to be used for the same purpose;
whether set upon the land or within a container, structure, or facility; and that would not otherwise be in
compliance with these development standards.
Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a manufactured
home, and any related built systems, including gas or liquid storage tanks.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a
structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a
common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have incurred
“substantial damage”, regardless of the actual repair work performed. The term does not, however, include
either: (a) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been previously identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions or (b) Any alteration of an
“historic structure”, provided that the alteration will not preclude the structure’s continued designation as an
“historic structure”.
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Top of bank. The point along a streambank
where an abrupt change in slope is evident,
and where the stream is generally able to
overflow the banks and enter the adjacent
floodplain during flows at or exceeding the
average annual high-water stage.
Top of slope. A break in slopes adjacent to
steep-banked streams that have little or no
floodplain; or a break in slope where the side
slopes adjacent to an incised, or deeply cut,
channel meet floodplains that have been
abandoned or are undergoing abandonment.
Violation. The failure of a structure or other
development to be fully compliant with this
bylaw. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that
documentation is provided.
Watercourse. Any perennial stream and shall not include ditches or other constructed channels primarily
associated with land drainage or water conveyance through or around private or public infrastructure.
Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or provide
resistance to damage from flooding by allowing water to enter the structure in accordance with Technical
Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503
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3 GENERAL PROVISIONS
3.01 Establishment of Districts and Description of Certain Districts
3.02 Official Maps and Other Maps
3.03 District Boundaries
3.04 Applicability of Regulations
3.05 Lots
3.06 Setbacks and Buffers
3.07 Height of Structures
3.08 Temporary Structures and Uses
3.09 Multiple Structures and Uses
3.10 Accessory Structures and Uses
3.11 Nonconformities
3.12 Alteration of Existing Grade
3.13 General Performance and Maintenance Standards
3.14 Reasonable Accommodation to Ensure Equal Access to Housing
3.15 Residential and Commercial Building Energy Standards
3.01 Establishment of Districts and Description of Certain Districts
A. Establishment of Districts. For the purpose of these regulations, the City of South Burlington is hereby
divided into the districts shown on the Official Zoning Map. This zoning code also contains provisions for
overlay districts and a floating district.
(1) Residential Districts
R1 Residential 1 District
R1-PRD Residential 1 with Planned Residential Development District
R1-Lakeshore Residential 1- Lakeshore District
R2 Residential 2 District
R4 Residential 4 District
R7 Residential 7 District
R12 Residential 12 District
LN Lakeshore Neighborhood District
QCP Queen City Park District
SEQ-NRP Southeast Quadrant-Natural Resource Protection District
SEQ-NRT Southeast Quadrant-Neighborhood Residential Transition District
SEQ-NR Southeast Quadrant-Neighborhood Residential District
SEQ-NRN Southeast Quadrant Neighborhood Residential North District
SEQ-VR Southeast Quadrant-Village Residential District
(2) Commercial Districts
C1 Commercial 1 District (also designated “C1-R12” or “C1-R15”)
C1-AUTO Commercial 1 with Automobile Sales District
C1-AIR Commercial 1 with Airport-Related Uses District
C1-LR Commercial 1 with Limited Retail District
C2 Commercial 2 District
SW Swift Street District
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AR Allen Road District
R7-NC Residential 7-Neighborhood Commercial District
SEQ-VC Southeast Quadrant-Village Commercial District
(3) Industrial and Airport Districts
IC Mixed Industrial and Commercial District
AIR Airport District
AIR-I Airport Industrial District
I-O Industrial and Open Space District
(4) Other Districts
IA Institutional and Agricultural District (includes IA North and IA-South)
PR Park and Recreation District
MU Municipal District
(5) Overlay Districts. The following overlay districts are shown on the Overlay Districts Map:
Floodplain Overlay District
Traffic Overlay District
Scenic View Protection Overlay District
Interstate Highway Overlay District
Transit Overlay District
Urban Design Overlay District
River Corridor Overlay District
(6) City Center Form Based Codes District
T-1 Transect Zone 1
T-3 Transect Zone 3-City Center
T-3+ Transect Zone 3 Plus- City Center
T-4 Transect Zone 4 Urban Multi-Use
T-5 Transect Zone 5 City Center
B. Description of Certain Districts.
(1) Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall include those
areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and 0.2%) in and on the most
current flood insurance studies and maps published by the Department of Homeland Security, Federal
Emergency Management Agency, National Flood Insurance Program, as provided by the Secretary of the
Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753, which are hereby adopted by
reference and declared to be part of these regulations. The location of the boundary shall be determined
by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO, a
Letter of Map Amendment from FEMA shall constitute proof.)
(a) Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. The boundaries of the Floodplain
Overlay (Zones A, AE, and A1-30) Subdistrict shall include those areas of special flood hazard
designated in and on the above referenced studies and maps as Zones A, AE, or A1-30.
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(b) Floodplain Overlay (Zone 0.2%) Subdistrict. The boundaries of the Floodplain Overlay (Zone
0.2%) Subdistrict shall include those areas of special flood hazard designated in and on the above
referenced studies and maps as Zone 0.2%. (2) Traffic Overlay District.
(a) The boundaries of high-volume roadway segments and the balance of restricted roadway
segments within the Traffic Overlay District shall include the entire right-of-way of all delineated
roadway segments. Cross-streets are not included.
(b) The boundaries of major intersections within the Traffic Overlay District shall include all
approaches to the intersection. Any dimensional approach as shown on the Traffic Overlay Zone Map
shall be measured from the point of intersection of the street centerlines at the major intersection.
The first fifty (50) feet of un-dimensioned minor cross-streets shall be included within the boundaries
of the major intersection.
(3) Park and Recreation District. The boundaries of the Park and Recreation District shall include all
City owned or leased parkland and all lands owned by the Winooski Valley Park District; also, all future
land granted to or purchased by the City for use as public parkland shall be included in the Park and
Recreation District at the time of the grant or purchase.
(4) Airport Approach Cone. The boundaries of the Airport Approach Cone, as shown on the Official
Zoning Map, include all approaches to the runways at the Burlington International Airport. Angles and
widths of the approach cones are more specifically defined in the 1991 Airport Master Plan Update
Burlington International Airport, or most recent update.
(5) River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall include
those areas mapped as Statewide River Corridors in the City of South Burlington, Vermont, as published
by the Agency of Natural Resources (ANR) including refinements to that data based on field-based
assessments which are hereby adopted by reference. On perennial streams with a watershed size greater
than half a square mile for which River Corridors are not mapped, the standards in G. (4) Development
Standards of Section 10.07 River Corridor Overlay District shall apply to the area measured as 50 feet from
the top of the stream bank or slope.
3.02 Official Maps and Other Maps
A. Official Zoning Map. The Official Zoning Map describes the different and separate districts of the
City of South Burlington set forth in Section 3.01. The Official Zoning Map is filed in the office of the City
Clerk and is incorporated herein by reference.
B. Overlay Districts Map. The Overlay Districts Map describes the different and separate overlay
districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map is filed in the
office of the City Clerk and is incorporated herein by reference.
C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map describes
the sub-districts pertaining to the Southeast Quadrant District as set forth in Article 9 of these Regulations
and is incorporated into the Official Zoning Map
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D. Wetlands Map. The Wetlands Map identifies wetland areas throughout the City that are subject to
the restrictions set forth in Article 12 of these regulations. The Wetlands Map is filed in the office of the City
Clerk and is incorporated herein by reference.
E. Scenic View Protection Overlay Districts. The maps identifying overlay districts wherein special
standards apply are filed in the office of the City Clerk and are incorporated herein by reference.
F. Open Space Plan Areas Map. [reserved]
G. Official Map. The Official Map of the City of South Burlington is adopted pursuant to subsection 3 of
section 4401, Title 24 VSA Chapter 117, as amended, filed in the office of the City Clerk, and incorporated
herein by reference.
3.03 District Boundaries
A. Interpretation of District Boundaries
(1) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map,
the Planning Commission shall determine the location, aided by the rules set forth in this section. Requests
for interpretation of district boundaries of or within the Southeast Quadrant shall be subject to the
provisions of Section 9.04(D) of these Regulations.
(2) Boundaries indicated as approximately following the center lines of streets or highways shall be
construed to follow such center lines.
(3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such
lot lines.
(4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the
railroad right-of-way.
(5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in
the event of change in the shore line such boundaries shall be construed as moving with the actual shore
line.
(6) Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes,
or other bodies of water shall be construed to follow such center lines.
(7) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4
above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described
under each zone shall be determined by the scale of the map.
B. Interpretation by Planning Commission. Where physical or cultural features existing on the ground
are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by
subsections 1 through 7 above, the Planning Commission shall interpret the district boundaries.
C. Split Lots. Where a district boundary line divides a lot which was in a single ownership at the time of
passage of these regulations, the Development Review Board may permit, as a conditional use, the extension
of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line into the
remaining portion of the lot (See Article 14 for Conditional Use Review). This provision shall not apply to the
boundary lines of any overlay or floating district.
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D. Wetland Boundaries. The boundaries of wetlands shall be as shown on the Official Wetlands Map
unless alternative information is submitted and reviewed pursuant to the standards and procedures for
review set forth in Article 12, Section 12.02(C) and (D) of these Regulations. All wetland delineations submitted
for review by the City shall be delineated by the methodology set forth in the most recent edition of the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands. This methodology employs three
parameters: vegetation, soils and hydrology. The Development Review Board may use the most recent edition
of The Wetland Plant List of the State of Vermont published by the U.S. Fish and Wildlife Service to determine
the frequency of vegetation occurrence in wetlands.
3.04 Applicability of Regulations
A. Area, Density, and Dimensional Requirements. Except where the text of these Regulations provides
otherwise, the size and dimension of lots and yards, lot coverage, and density for all districts, except floating
and overlay districts, shall be as shown in Table C-2, Dimensional Standards.
B. Minimum Requirements. In their interpretation and application, the provisions of these regulations
shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
C. Primacy of Land Development Regulations. Where these regulations impose a greater restriction
than imposed or required by other provisions of law or by other laws, rules, regulations, resolutions or
ordinances, the provisions of these regulations shall control.
D. Conflict with other Regulations or Private Restrictions. The provisions of these regulations shall not
be construed to abrogate or annul the provisions of other ordinances or regulations or to impair private
restrictions placed upon property. Where these regulations impose a greater restriction upon land, buildings,
or structures than is imposed by any such provision, the restrictions of these regulations shall control.
E. Most Recent Amendment in Effect. Any citation of a statute, law, rule, regulation or ordinance
contained in these regulations shall be deemed to refer to such statute, law, rule, regulation or ordinance as
amended, whether or not such designation is included in the citation.
F. Measuring Distance. Unless otherwise specified, all distances shall be measured horizontally.
G. Farms, Farm Structures and Silvicultural Practices. These Regulations shall not regulate accepted
agricultural and silvicultural practices as defined by the Secretary of Agriculture, Food and Markets, including
the construction of farm structures as defined in these Regulations, except that a person shall notify the
Department of Planning and Zoning in writing of the intent to build a farm structure and shall abide by
setbacks approved by the Secretary of Agriculture, Food and Markets.
3.05 Lots
A. Reduction of Lot Size. No lot shall be so reduced in area that the lot size, coverage, setbacks, or other
requirements of these regulations shall be smaller than herein prescribed for each district.
B. Lots with No Road Frontage.
(1) No land development may be permitted on lots which do not have either frontage on a public
road or public waters, unless, with the approval of the Development Review Board through a
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miscellaneous application, such lots have access to a public road or waters by a permanent easement or
right-of-way at least twenty (20) feet in width.
(2) The Development Review Board may approve subdivision or development of lots with no frontage
on a public street, as long as access to such a street by a permanent easement or right-of-way at least
twenty (20) feet in width is provided, according to the following procedures:
(a) Required Information. Applications shall include a plan drawn to scale showing boundaries of
all properties crossed by and to be served by the proposed private right-of-way, dimensions and
grades of the right-of-way, point of access onto a public street, and other information as the
Development Review Board may require.
(b) Conditions of Approval. Any application to create a new lot with no road frontage shall be
subject to the requirements and major subdivision criteria of Article 15 of these Regulations in
addition to this section.
(i) Number of lots and/or dwelling units on a private right-of-way. The Development Review
Board shall limit the number of developable lots on a private right-of-way to three (3) and/or the
number of multi-family units to ten (10), whichever is less, beyond which a public street shall be
required (See Article 15, Subdivision). The Development Review Board shall require a public street
if the number of developable lots is greater than three (3) and/or the number of multi-family units
is ten (10) or more, whichever is less. The Development Review Board may also limit the length
of a private right-of-way, and may impose other conditions as may be necessary to assure
adequate emergency access to all lots and dwelling units.
(ii) The Development Review Board may require a right-of way wider than the twenty (20)
foot minimum if it is to serve more than one (1) lot.
(iii) The Development Review Board may impose conditions to insure the maintenance and
permanency of a private right-of-way and to insure that a right-of-way will not place a burden on
municipal services.
(iv) For a lot with no frontage, the property line that abuts or is closest to the private right-
of-way shall be construed as the front lot line and shall determine the front yard.
C. Road Frontage. In order to promote infill development while protecting the character of existing
neighborhoods, no lot shall be created without a minimum of 50-ft of frontage on a public road in the following
districts: R1, R1-LV, R2, R4, and LN
D. Pre-Existing Small Lots. Any lot in individual and separate and nonaffiliated ownership from
surrounding properties in existence on the effective date of these Regulations may be developed for the
purposes permitted in the district in which it is located, even though not conforming to minimum lot size
requirements, if such lot is not less than one-eighth (1/8) acre in area with a minimum width or depth
dimension of forty (40) feet.
E. Corner Lots. In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and
shall have two frontages. In cases where a lot has frontage on a public street and on a private right-of-way,
the lot shall be deemed a corner lot and shall have two frontages.
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3.06 Setbacks and Buffers
A. General Provisions. The size and dimensions of setbacks shall be as indicated in Table C-2,
Dimensional Standards, unless otherwise provided in these Regulations.
B. Arterial and Collector Streets.
(1) For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet
from the edge of the planned street right-of-way or greater if so provided elsewhere in this Section 3.06.
Table 3-1 Existing and Planned Street Rights-of-Way
Street Existing Street ROW (feet) Minimum Planned Street ROW
(feet)
Airport Drive 66 80
Airport Parkway 66 66
Allen Road 66 66
Dorset Street, north of Swift 66 100
Dorset Street, south of Swift 66 66
Hinesburg Road 66 80
Kennedy Drive 100 100
Kimball Avenue 100 100
Market Street 80 80
Patchen Road 66 66
Shelburne Road 100 100
Shunpike Road, east of Kimball
Avenue
80
80
Spear Street 66 66
Swift Street 50 66
Williston Road, east of the
Hinesburg Road-Patchen Road
intersection
66 90
Williston Road, from the
Hinesburg-Patchen Road
intersection west
66 100
(2) Planned Arterial and Collector Streets. Planned public arterial and collector streets, as designated
by the Development Review Board, shall be subject to the provisions of this Section 3.06 and any frontage
requirements.
C. Yards Abutting a Planned Street. Yards abutting a right-of-way designated for a planned public street
shall have a minimum setback equal to the front setback requirement for the district in which the lot exists,
unless the yards abut any of those streets listed in above, in Section 3.06.B in which case the minimum setback
shall be fifty (50) feet from the edge of the planned street right-of-way.
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D. Setback Calculation. No space which for the purpose of a building or dwelling has been counted or
calculated as part of a side, front, or rear setback or open space provision required by this ordinance may be
counted or calculated to satisfy or comply with a setback or space requirement of or for any other building.
E. Traffic Visibility across Yards. No shrubbery shall be erected, maintained, or planted on any lot that
obstructs or interferes with traffic visibility. In the case of corner lots, such restricted area shall be the
triangular area formed by the lot lines along the streets and a line connecting them at points thirty (30) feet
from the intersection.
F. Structures Requiring Setbacks. Except as specifically provided elsewhere in these Regulations, the
front, side, and rear setback provisions in Section 3.06 shall apply to all structures, except for fences.
Residential utility sheds shall be set back at least five (5) feet from all property lines.
G. Satellite dishes. Satellite dishes exceeding three (3) feet in diameter shall not be located within the area
between a street right-of-way line and the front elevation of a building. Satellite dishes shall be screened.
H. Front Setbacks for Non-Residential Uses. In the case of nonresidential uses, not more than thirty
percent (30%) of the area of the required front setback shall be used for driveways and parking and the
balance shall be suitably landscaped and maintained in good appearance. Design approaches that that use
landscaping elements in the front setback which enhance stormwater infiltration or management are
encouraged. No portion of the required front setback shall be used for storage or for any other purpose except
as provided in this section. In addition, a continuous strip fifteen (15) feet in width traversed only by driveways
and sidewalks shall be maintained between the street right-of-way line and the balance of the lot, which strip
should be landscaped and maintained in good appearance. This provision shall apply also to yards that abut a
right-of-way designated for a future street.
I. Buffer Strip for Non-Residential Uses Adjacent to Residential District Boundaries.
(1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a
residential district, or where an existing non-residential use, structure or parking area that is adjacent to
or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or
enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. A strip not less than
fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens,
fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted
within the fifteen (15) foot wide buffer area.
(2) The Development Review Board may permit new or expanded nonresidential uses, structures
and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1)
above, and may approve a modification of the width of the required setback and/or landscaped buffer as
set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing
to be provided adjacent to the boundary of the residential district will provide equivalent screening of the
noise, light and visual impacts of the new non-residential use to that which would be provided by the
standard setback and buffer requirements in (1) above. However in no case may the required side or rear
setback be reduced below the standard requirement for the zoning district in which the non-residential
use is located.
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J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974.
The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that meet
the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or
proposed principal use on the lot is a single-family dwelling or a two-family dwelling.
(1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a
distance equal to 50% of the side or rear setback requirement of the district, but in no event shall a
structure have a side setback of less than five (5) feet.
(2) Front Setbacks. A structure may encroach into a required front setback up to the average distance
to the building line of the principal structures on adjacent lots on the same street frontage, but in no event
shall a structure have a front setback of less than five (5) feet.
(3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required
setback beyond the limitations set forth in (1) and (2) above may be approved by the Development Review
Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less
than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. In
addition, the Development Review Board shall determine that the proposed encroachment will not have
an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on-site parking; and
(d) safety of adjoining and/or nearby property.
(4) Processing of a Request. Any request under subsections (1) - (3) above to expand an existing
structure, or place a new structure, to within less than ten (10) feet of any property line shall include the
submission of survey data prepared by a licensed surveyor showing the location of affected property lines,
existing and/or proposed structures, and any other information deemed necessary by the Administrative
Officer.
(5) Lot Coverage. For lots that are five thousand (5,000) square feet or greater in size, but less than
seven thousand five hundred (7,500) square feet, lot coverage may exceed the maximum allowed for the
district up to a maximum of thirty percent (30%) for buildings and fifty percent (50%) for total lot coverage.
For lots that are less than five thousand (5,000) square feet in size, lot coverage may exceed the maximum
allowed for the district up to a maximum of forty percent (40%) for buildings and sixty percent (60%) for
total lot coverage.
K. Front Setback for Front Decks and Porches in the R4 District
In the R4 District, an open porch or deck that shall not exceed the width of the building face to which the
porch or deck is attached and that shall not have a depth greater than 12 feet as measured from the building
face, shall have a minimum front setback of 10 feet. Access steps not greater than 5 feet in width may project
no more than 5 feet in front of the porch or deck, but in no case shall be located closer than 5 feet from the
front property line.
An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of the
principal building and subject to standard front setbacks.
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3.07 Height of Structures
A. General Provisions. Structures in all districts shall comply with the height standards presented below
in this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures.
B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply.
(1) Where a roofline story is placed on a building that contains or is planned to contain the maximum
permitted number of stories below the roofline, the following conditions shall apply:
(a) dormers on such story shall not exceed the height of the roof peak, and
(b) the total width of the dormers on any single side does not exceed thirty-three percent (33%)
of the horizontal distance of the roof line along that side. Vertical extensions that exceed thirty-three
percent (33%) of the horizontal width (i.e., step dormers) are permitted, but are limited to a maximum
height of five (5) feet above the average height of the principal roof structure and shall not exceed
fifty percent (50%) of the horizontal width of any side.
(2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview, R2, R4, R7, Lakeshore Neighborhood, and Queen
City Park districts, the total number of stories for any given structure shall not be more than one (1)
greater than that of any principal structure on an abutting lot within the same zoning district, without
regard to public rights-of-way. A principal structure on an abutting lot that is more than 150 feet from the
subject structure shall be excluded from calculation.
(3) In the C1-R12, C1-R15, and C1-Auto districts:
(a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in
the R4 District. However, for each 75’ of separation from said building in the R4, the proposal building
may increase in height by 1 story, up to the allowable maximum height.
(b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet
in floor-to-floor height.
C. Maximum Height. Except as allowed below in this Section 3.07, the requirements of Table C-2,
Dimensional Standards, shall apply.
(1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a
height greater than that permitted in these Regulations, such approved maximum height shall remain in
effect.
D. Waiver of Height Requirements
(1) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, and
steeples for places of worship that are taller than normal height limitations established in Table C-2 above
may be approved by the Development Review Board as a conditional use subject to the provisions of
Article 14, Conditional Uses.
(2) R12, IA, PR, MU, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts.
(a) The Development Review Board may approve a structure with a height in excess of the
limitations set forth in Table C-2. For each foot of additional height, all front and rear setbacks shall
be increased by one (1) foot and all side setbacks shall be increased by one half (1/2) foot.
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(b) For structures proposed to exceed the maximum height for structures specified in Table C-2
as part of a planned unit development or master plan, the Development Review Board may waive the
requirements of this section as long as the general objectives of the applicable zoning district are met.
A request for approval of a taller structure shall include the submittal of a plan(s) showing the
elevations and architectural design of the structure, pre-construction grade, post-construction grade,
and height of the structure. Such plan shall demonstrate that the proposed building will not detract
from scenic views from adjacent public roadways and other public rights-of-way.
(c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, that
are taller than normal height limitations established in Table C-2 may be approved by the
Development Review Board as a conditional use subject to the provisions of Article 14, Conditional
Uses. Such structures do not need to comply with the provisions of subsections (a) and (b) above.
E. Accessory Structures in All Districts:
(1) Accessory structures shall not exceed fifteen (15) feet in height, except that:
(a) For industrial uses in non-residential districts, height standards for principal structures shall
apply for accessory structures; and,
(b) For residential uses, accessory structures up to twenty-five (25) feet in height shall be
permitted where the structure is located at least thirty (30) feet from all property lines, the structure
has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and,
(c) Accessory structures exceeding the height of the principal structure on the property shall
require approval by the Development Review Board as a conditional use, pursuant to Article 14,
Conditional Use Review. The applicant shall demonstrate to the Board that the accessory structure
will be clearly secondary to the principal structure in function and in appearance from the public right-
of-way.
F. Additional Height requirements.
In addition to the requirements of this Section, the provisions of Sections 4.08 (G) [Non-complying structures
in the QCP District]; 13.10 [Solar Radiation]; and 10.03 [Scenic View Protection Overlay]; shall apply;
G. Airport Approach Cones.
All height provisions are subject to the limitations of Article 13, Section 13.03, Airport Approach Cones.
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Figure 3-1a Height of Structures
Illustrations by Adam Davis, architect
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Figure 3-1b Height of Structures
Illustrations by Adam Davis, architect
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Figure 3-1c Height of Structures
Illustrations by Adam Davis, architect
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3.08 Temporary Structures and Uses
A. General Provisions. Any temporary use of a lot, not approved in connection with the primary use of
that property, shall be restricted according to the provisions of this section. This section shall not apply to
peddling activities that are regulated through the Ordinance to Regulate Peddling.
B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not be placed
or conducted in such manner as to obstruct or interfere with vehicle circulation and parking, pedestrian
movement, block sidewalks, obstruct crosswalks or damage landscaped areas.
C. Temporary Construction Structures. Temporary structures used in conjunction with construction
work shall be permitted only during the period that the construction is in progress.
D. Temporary Outdoor Storage. Temporary outdoor storage used in conjunction with the principal use
or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for
temporary outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of
this section.
E. Temporary Uses Exempt from Review. The following uses are permitted without requiring review
under this section provided such uses do not exceed the stated limits of this subsection. Uses which exceed
the stated limits shall be considered to be permanent uses and, as such, are restricted by other portions of
these regulations.
(1) The outdoor storage or parking of one (1) recreational vehicle per residential lot by the owner, if
not used for residential purposes. In residential districts, outdoor storage or parking of recreational
vehicles shall be either in the side yard or rear yard from November 1st through April 30th. One (1)
recreational vehicle may be parked in a residential driveway from May 1st through October 31st.
(2) Auctions lasting no longer than two (2) days per calendar year.
(3) Garage sales totaling no more than 8 (eight) days per calendar year.
(4) Outdoor events held by a business, organization, or resident on the same lot for no more than
four (4) consecutive days, two (2) times per calendar year.
F. Use of Recreational Vehicle as a Temporary Residence. The Development Review Board may
authorize the use of a recreational vehicle as a temporary residence as a conditional use. In granting such a
use, the Development Review Board shall specify time limits for occupancy.
3.09 Multiple Structures and Uses
A. General Provisions. There shall be only one principal building or structure on a lot and only one use
per lot, except as otherwise provided in this Section 3.09.
B. Multiple Uses in a Structure and Umbrella Approval.
(1) The Development Review Board may approve two or more separate uses, one or more of which
is a conditional use in the underlying zoning district, in a principal building or structure as a conditional
use if it determines that:
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(a) Such uses are compatible in normal manner of operation including types of traffic generated;
hours of use; lack of excessive noise, dust, odor or other objectionable element; and any other
relevant aspect of operation.
(b) Such uses can suitably share common facilities, such as parking and outdoor storage areas,
within the requirements of these regulations for any lot.
(2) Umbrella Approval
(a) The Administrative Officer or Development Review Board may approve two (2) or more
separate uses in a single principal building or structure in conjunction with site plan, PUD or
conditional use approval, provided all of the proposed uses are permitted or duly approved
conditional uses in the underlying zoning district and all other applicable standards are met. Such
standards may concern trip ends, gross floor area dedicated to uses where applicable, number of
restaurant or retail food establishment seats, and other numerical standards related to the provisions
of these regulations. This shall be known as an umbrella approval.
(b) Where an applicant with umbrella approval proposes a minor change in use, the
Administrative Officer may approve the change as an administrative action and grant a zoning permit.
The criteria for determining if the change is minor shall include an assessment of projected p.m. peak
hour trip ends, and other numerical criteria specified in the umbrella approval. If the applicable
numerical criteria are the same or fewer than those specified in the umbrella approval, the change
may be deemed minor.
C. Multiple Uses and Multiple Structures.
(1) Outside of the City Center Form Based Codes District, the Development Review Board may
approve multiple principal structures on a single lot as part of a Planned Unit Development pursuant to
the standards contained within these Regulations.
(2) Within the City Center Form Based Codes District, multiple principal structures on a single lot shall
be permitted in accordance with the standards contained within these Regulations.
(3) The Development Review Board may approve multiple uses in multiple buildings and structures
as part of site plan approval, using an umbrella approval. In granting site plan approval, the layout of all
buildings, driveways, and parking areas shall be specified as well as a list of potential types of uses. All
general and specific site plan review criteria shall apply.
D. Multiple Structures on a Single-User Lot or Complex. The Development Review Board may approve
two (2) or more buildings or structures on a non-residentially-zoned lot or in a commercial or industrial
complex for one user. Relevant criteria from site plan, PUD or subdivision reviews shall apply.
E. Occupancy of Principal Building During Construction of Another Principal Building. In cases where
an applicant proposes to construct a new principal building on a lot that already has a principal building and
then to remove or demolish the existing building, the applicant may use or occupy the existing building during
construction of the new principal building under the following circumstances:
(1) the existing building is legal for occupancy and use
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(2) the applicant shall construct and occupy the new principal building within one (1) year of issuance
of the zoning permit
(3) the existing building shall be demolished and removed within one (1) year of the construction and
occupancy of the new principal building.
(4) the applicant shall provide a suitable bond or other security in accordance with Section 15.15 of
these Regulations for the cost of demolishing or removing the existing building.
F. Separate Lots Otherwise Required. All combinations of buildings, structures, and uses that do not
meet the above conditions shall require separate lots.
3.10 Accessory Structures and Uses
A. General Requirements. Customary accessory structures and uses are allowed in all districts, as
specifically regulated in that district, under the provisions that follow below.
(1) On lots of less than one (1) acre in size, no more than two (2) accessory structures, including a
detached private garage, shall be permitted per principal structure. On lots used primarily for agricultural
uses and lots that are one (1) acre or greater in size, more than two (2) accessory structures shall be
permitted provided all applicable limitations on coverage and setbacks in these Regulations are met.
(2) Accessory structures, if detached from a principal structure, shall not be placed in the front yard,
and they shall not, if placed in a side yard, be located closer to the street than the required front setback
of the principal structure.
(3) Accessory structures shall be located a minimum of five (5) feet from all side and rear lot lines.
(4) On corner lots, accessory structures shall not be located on the side street side between the side
street and the required front setback of structures fronting on the side street.
(5) On through-lots, accessory structures shall not be located on the front yard facing the street that
the majority of principal buildings on the street face, and shall not be located on any other front yard
between the street and the required front setback of structures fronting on that street.
(6) When an accessory structure is attached to a principal structure, it shall comply in all respects
with the requirements of these regulations applicable to the principal structure(s).
(7) Accessory structures shall comply with front setback requirements for the principal structure to
which they are accessory.
(8) Any structure connected to another structure by an open breezeway shall be deemed to be a
separate structure.
(9) The total square footage of all accessory structures shall not exceed fifty percent (50%) of the first
or ground floor of the principal structures, with the exception of in-ground pools, tennis courts, and other
similar structures at grade level, which shall not be counted towards the maximum square footage of
accessory structures.
(10) The footprint of the accessory structure(s) shall be included in the computation of lot coverage,
except for ramps and other structures for use by the disabled, which in the sole discretion of the
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Administrative Officer are consistent with the purpose of providing such access and do not constitute a
de facto expansion of decks, porches, etc.
(11) No accessory structure shall be constructed with a cellar or below-grade story.
(12) No part of any such accessory structure shall be designed or used for sleeping purposes, and no
cooking facilities shall be placed or permitted in any part of such accessory structure unless such structure
is a duly approved location of an accessory residential unit.
B. Poolhouse. Any accessory structure designed as a poolhouse shall be located no farther than fifteen
(15) feet from the swimming pool to which it shall be accessory.
C. Attached Garage. A private garage may be constructed as part of a main structure, provided that
when so constructed the garage walls shall be regarded as the walls of the main building in applying the
applicable front, side, and rear setback requirements of this chapter.
D. Accessory Retail Uses. Where non-residential uses are permitted in a residential district, uses such as
hospitals, clubs, and multi-family buildings over fifty (50) dwelling units, such uses may conduct customary
and appropriate retail activities such as gift shops, cafeterias, fitness rooms, and snack shops. Such uses shall
be conducted within the principal structure. There shall be no external evidence of retail activity discernible
from the outside of the structure. Access to the retail activity shall only be from within the principal structure.
E. Accessory Residential Units. One (1) accessory residential unit constructed within or attached to a
primary single-family dwelling or within an existing, permitted accessory structure shall be a permitted single
family use, in accordance with the following criteria:
(1) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total
habitable area of the single-family dwelling unit.
(2) The principal dwelling shall be owner-occupied.
(3) The accessory dwelling unit shall be an efficiency or one-bedroom unit.
(4) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by
issuance of a Wastewater Allocation or on-site wastewater permit pursuant to the South Burlington
Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems.
(5) Two (2) additional off-street parking spaces shall be provided on the same lot, either in a garage
or in a driveway, and not in any areas required to meet coverage limitations, or any front yard area other
than a driveway, required by these Regulations.
(6) If occupancy of the unit is to be restricted in the deed of the single-family home to a disabled
person, no additional off-street parking is required.
(7) A zoning permit shall be required for each accessory residential unit.
Conditional Use Review by the Development Review Board pursuant to Article 14, Section 14.10 shall be
required if the establishment of the accessory residential unit involves the construction of a new accessory
structure, an increase in the height or floor area of the existing single-family dwelling or existing accessory
structure, or an increase in the dimensions of the off-street parking areas (i.e. garages and driveway areas)
presently existing on the site.
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F. Accessory Uses in the IC and IO districts. In the IC-Mixed Industrial Commercial and IO-Industrial
Open Space districts, those uses designated ‘P-ACC’ in Table C-2, Table of Uses shall be subject to the following
standards and limitations:
(1) Such accessory uses shall be located wholly within a permitted principal structure.
(2) Access to the accessory use shall only be from within the principal structure.
(3) Such uses shall be included in the calculations of required parking, vehicle trip ends, and
wastewater allocations through an umbrella permit approval or other DRB approval.
(4) The total gross floor area of all such accessory uses shall be limited to ten percent (10%) of the
gross floor area of the principal structure. The owner of the building or responsible condominium
association shall be responsible for allocation of any such floor area among accessory and principal uses.
(5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail food sales,
which shall not exceed 5,000 SF GFA.
(6) Other accessory uses that are wholly internal to a principal permitted use (e.g. employee
cafeterias, employee fitness rooms, hospital pharmacies) pursuant to this Section shall not require specific
approval and shall not be counted towards the ten percent square footage limitation.
3.11 Nonconformities
A. General Provisions. These provisions shall apply to all nonconforming uses, structures, lots, and
parcels, except within the City Center Form Based Code District. See Article 8 for nonconformities applicable
in that District.
B. Continuance and Restrictions.
(1) Any lawful structure or any lawful use of any structure or land existing at the time of the
enactment of these regulations may be continued, although such structure or use does not conform with
the provisions of these regulations, provided the conditions in this Section 3.11 are met.
(2) A nonconforming use may be continued provided that such structure shall not be enlarged or
extended unless the use therein is changed to a conforming use.
(3) A nonconforming structure that is devoted to a conforming use may be reconstructed, structurally
altered, restored or repaired, in whole or in part, with the provision that the degree of nonconformance
shall not be increased.
(4) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe
condition as required by the Administrative Officer.
(5) A nonconforming structure shall not have its degree of nonconformance increased.
(6) A nonconforming use shall not be extended or enlarged, nor shall it be extended to displace a
conforming use, nor shall it be changed to another nonconforming use, nor shall it, if changed to a
conforming use, thereafter be changed back to a nonconforming use.
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(7) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building
containing one or more nonconforming uses from utilizing a portion of the building for a conforming use,
provided there is no expansion or extension of a nonconforming use or uses as part of such a change in
use.
C. Alterations to Conforming Structures with Nonconforming Use. A conforming structure used by a
nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent
exceeding one hundred percent (100%) of the gross floor area of such structure unless the use of such
structure is changed to a conforming use.
D. Alterations to Nonconforming Structures.
(1) Except as otherwise provided in sub-sections (2) and (3) below, and in Article 4, Section 4.08,
Queen City Park District, and in Article 12, Section 12.01(D), any nonconforming structure may be altered,
including additions to the structure, provided such alteration does not exceed in aggregate cost thirty-five
percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial
property of the current assessed value as determined by the City Assessor and in compliance with Section
3.11(B) above.
(2) In the event an addition or an expansion to a nonconforming structure is proposed, the addition
or expansion itself must conform with the provisions of these regulations (e.g., dimensional requirements
such as setbacks, coverage, etc.).
(3) The thirty-five percent (35%) limitation for residential properties described above shall not apply
to structures on lots that were in existence prior to February 28, 1974.
E. Alterations to Facades and Exterior Finishes on Nonconforming Structures. Alterations to facades
and exterior finishes shall not be subject to the twenty-five percent (25%) or thirty-five percent (35%)
limitations described above.
F. Damage Nonconforming Structures.
(1) Any nonconforming structure damaged by any means to an extent greater than fifty percent (50%)
of its current assessed value shall be permitted to be reconstructed only if the future use of the structure
and the land on which it is located is in conformity with these regulations.
(2) Any nonconforming damaged by any means to an extent less than fifty percent (50%) of its current
assessed value, may be rebuilt provided that:
(a) The resumption of any nonconforming use (if any) takes place within one (1) year of the time
of its interruption.
(b) The cost of such reconstruction or structural alteration is less than fifty percent (50%) of said
fair market value.
(c) The reconstruction or structural alteration is commenced within six (6) months of the date of
interruption and completed within eighteen (18) months of the date of interruption.
(3) Where such reconstruction or structural alteration can reasonably be accomplished so as to result
in greater conformance with these regulations, then the reconstruction or structural alteration shall be so
done.
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(4) No later than six (6) months after a permanent or temporary structure has been damaged, made
uninhabitable, or has been abandoned, all scrap, debris, damaged or unsafe materials shall be removed
from the site and any remaining excavation, foundation or cellar hole shall be covered over or filled to the
existing grade by the property owner. Upon application by the property owner, the Development Review
Board may extend the time to undertake such remedial work as a conditional use.
G. Abandonment of Nonconforming Use.
(1) No nonconforming use may be resumed if such use has been abandoned for a period of six (6)
months or more.
(2) A nonconforming use shall be considered abandoned when any of the following conditions exist:
(a) When it is replaced by any other use, whether conforming or nonconforming.
(b) When the intent of the owner to discontinue the use is apparent. Any one of the following
may constitute prima facie evidence of a property owner's intent to abandon a use voluntarily:
(i) failure to take necessary steps within six (6) months to resume the nonconforming use
with reasonable dispatch in any circumstances, including without limitation failing to advertise
the property for sale, rent, lease, or use,
(ii) discontinuance of the use for six (6) months, or for a total of eighteen months during any
three-year period, or
(iii) in the case where the nonconforming use is of land only, discontinuance of the use for
one hundred twenty (120) consecutive days or for a total of six (6) months during a one (1) year
period.
(c) When the characteristic equipment and furnishings have been removed from the premises
and have not been replaced by similar equipment and furnishings within six (6) months, except in the
event that the structure is damaged. In that case, Section 3.11(F) above shall apply.
H. Construction Approved Prior to Regulations. Nothing contained in these regulations shall require any
change in plans, construction or designated use of a structure for which a zoning permit has been issued where
the construction of such structure shall have been diligently pursued within thirty (30) days of the date of such
permit and where such structure shall be completed according to such plans and permit within six (6) months
from the effective date of these regulations.
I. Unlawful Use Not Approved or Authorized. Nothing in these regulations shall be interpreted as
authorization for or approval of the continuance of the use of a structure or land in violation of zoning prior
to the effective date of these regulations.
J. Unsafe Structures. Nothing in these regulations shall permit the use of any portion of a structure
declared unsafe by a proper authority nor the continuation of a condition declared to be a health hazard by
an appropriate authority.
K. Nonconforming Lots or Parcels.
(1) See Section 3.05 for pre-existing small lots.
(2) The boundaries of a lot or parcel that is nonconforming for any reason other than for being a pre-
existing small lot may be altered only in a manner that decreases its degree of nonconformity.
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L. Nonconforming Use of Land with No Structure. Where no structure is involved, the non-conforming
use of land may be continued, provided that:
(1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a
greater area of land than occupied by such use at the time of enactment of these Regulations.
(2) The lot on which such nonconforming use is located shall not be reduced in size.
(3) Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot
or parcel of land occupied by such use at the time of enactment of these Regulations.
(4) If such non-conforming use of land or any portion thereof ceases for any reason whatsoever for
one hundred twenty (120) consecutive days or for a total of six (6) months in a one year period, any future
use of such land shall be in compliance with all provisions of these Regulations.
3.12 Alteration of Existing Grade
A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or
other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental
to or in connection with the construction of a structure on the same lot, shall require the approval of the
Development Review Board. The Development Review Board may grant such approval where such
modification is requested in connection with the approval of a site plan, planned unit development or
subdivision plat. This section does not apply to the removal of earth products in connection with a resource
extraction operation (see Section 13.16, Earth Products.)
B. Standards and Conditions for Approval.
(1) The Development Review Board shall review a request under this Section for compliance with the
standards contained in this sub-Section 3.12(B). and Section 3.07, Height of Structures of these
regulations. An application under Section 3.12(A) above shall include the submittal of a site plan, planned
unit development or subdivision plat application showing the area to be filled or removed, and the existing
grade and proposed grade created by removal or addition of material.
(2) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
(b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
(c) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to
assure compliance with the provisions of these Regulations.
(d) Determination of what shall constitute pre-construction grade under Section 3.07, Height of
Structures.
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3.13 General Performance and Maintenance Standards
A. Purpose of Performance Standards. Consistent with the general purposes of these regulations,
performance standards (see Appendix A) shall set specific controls on potentially objectionable external
aspects of such non-residential uses so as to:
(1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other
atmospheric pollutant outside the structure or beyond the property boundaries in which the use is
conducted.
(2) Control noise and light trespass beyond the boundaries of the site of the use.
(3) Prevent the discharge of untreated wastes into any watercourse or waterbody.
(4) Prevent the dissemination of vibration, heat, or electromagnetic interference beyond the
immediate site on which the site is located.
(5) Prevent physical hazard by reason of biohazard, fire, explosion, radiation, or any similar cause.
(6) Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous
conditions, traffic congestion, and excessive noise in the streets.
B. Hazardous Conditions Prohibited. No land or structure in any district shall be used or occupied in any
manner so as to cause hazardous or objectionable conditions to exist or to in any way endanger users of the
site or the surrounding area. Such hazardous or objectionable conditions include but are not limited to
dangerous, injurious, noxious or otherwise objectionable biohazard, fire, explosive, or other hazard; or to
create any noise, vibration, smoke, dust, odor, air pollution, heat, cold, dampness, electromagnetic or
radioactive radiation, glare, toxicity or other hazardous or objectionable condition on the site or in the
surrounding area.
C. Performance Standards. The use of any substance or process so as to create any hazardous or
objectionable condition on the site or in the surrounding area shall be prohibited except at levels in
conformance with the requirements of this section and the performance standards listed in Appendix A,
Performance Standards.
D. Review of Performance Standards.
(1) The Administrative Officer shall withhold a zoning permit or certificate of occupancy until satisfied
that the proposed construction or use will comply with the performance standards in Appendix A,
Performance Standards.
(2) Continued performance with such standards, once applicable, shall be a requirement for the
continuance of any certificate of occupancy.
(3) Furthermore, the Administrative Officer, upon determination at any time that a use is exceeding
or may exceed performance standards or will in any way create potentially hazardous conditions shall
require an application for conditional use review under the requirements of Article 14, Conditional Use
Review and this section.
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E. Required Information. Evidence of application for state and/or federal permits for the handling of
potentially hazardous conditions, and/or the following information, at minimum, may be required for
determination of compliance with performance standards or for conditional use review of potentially
hazardous conditions:
(1) Description of proposed machinery, operations, and products.
(2) Amount and nature of materials to be used.
(3) Mechanisms and techniques to be used in restricting the emission of any hazardous and
objectionable elements, as well as projected or actual emission levels.
(4) Method of delivery and disposal or recycling of any hazardous elements.
(5) Other information as may be necessary.
F. Conditions of Approval. The Development Review Board, in granting conditional use approval, may
condition an approval to require evidence of the issuance of applicable state and/or federal permits for the
handling of hazardous conditions prior to the issuance of a zoning permit, and may also impose conditions on
the following:
(1) Size and construction of structures, quantities of materials, storage locations, handling of
materials, and hours of operation.
(2) Warning systems, fire controls and other safeguards.
(3) Provision for continuous monitoring and reporting.
(4) Other restrictions as may be necessary to protect public health and safety.
3.14 Reasonable Accommodation to Ensure Reasonable Access to Housing
A. Policy. It is the policy of the City of South Burlington, pursuant to the federal Fair Housing
Amendments Act of 1988 and the Vermont Fair Housing and Public Accommodations Act, to provide
individuals with disabilities reasonable accommodation to ensure equal access to housing. This section
establishes the procedure for making requests for reasonable accommodation under these Land Development
Regulations. As used herein, “disability” shall have the same meaning as ascribed to the term disability under
9 V.S.A §4501(2) and the term handicap under 42 U.S.C. §3602(h).
B. Request for Reasonable Accommodation. Any individual with a disability, his or her representative,
or a developer or provider of housing for individuals with disabilities may make a request for reasonable
accommodation. A request for reasonable accommodation shall be in writing and provide the following
information:
(1) Name and address of the individual(s) requesting reasonable accommodation;
(2) Name and address of the property owner(s);
(3) Address of the property for which accommodation is requested;
(4) Description of the requested accommodation and the section of the regulation for which
accommodation is sought; and
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(5) Reason that the requested accommodation may be necessary for the individual(s) with the
disability to use and enjoy the dwelling.
While a request for reasonable accommodation is pending, all regulations otherwise applicable to the
property that is the subject of the request shall remain in full force and effect. A reasonable accommodation
shall not affect an applicant’s obligations to comply with other applicable provisions of these regulations not
at issue in the requested accommodation.
C. Review. A request for reasonable accommodation shall be reviewed by the Administrative Officer or
Development Review Board, as set forth in these Regulations by type of review. The decision to grant, grant
with conditions, or deny a request for reasonable accommodation shall be based on the following factors:
(1) Whether the housing which is the subject of the request for reasonable accommodation will be
used by an individual with a disability;
(2) Whether the requested accommodation is necessary to afford an individual with a disability equal
opportunity to use and enjoy housing of his or her choice;
(3) Whether the requested accommodation would require a fundamental alteration in the nature of
these Land Development Regulations, and;
(4) Whether the requested accommodation would impose an undue financial or administrative
burden on the City.
The written decision on the request for reasonable accommodation shall explain in detail the basis of the
decision, including the Administrative Officer or Board’s findings on these criteria. All written decisions shall
give notice of an interested person’s right to appeal the Administrative Officer’s decision to the Development
Review Board under section 17.13, or the Development Review Board’s decision to the Environmental Court
under 24 V.S.A. 4471.
3.15 Residential and Commercial Building Energy Standards
A. Applicability. This section shall apply to the construction and subsequent alteration of all new
principal buildings beginning December 1, 2015, or the date that this Section 3.15 becomes effective,
whichever is later.
B. Residential Building Energy Standards (RBES). Residential buildings, as defined by 30 V.S.A. section
51(a)(2), that are principal building, shall comply with the Stretch Code, as defined by 30 V.S.A. section 53)a).
Such buildings for which the RBES Certificate certifying compliance with the Stretch Code is not recorded in
the South Burlington Land Records shall be deemed land development without a zoning permit in violation of
these Regulations.
C. Commercial Building Energy Standards (CBES). Commercial buildings, as defined by 30 V.S.A. section
53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code
Guideline, as prepared and revised by the Vermont Public Service Department. If no such Guideline exists, it
shall not be applied. Such buildings for which the CBES Certificate certifying compliance with the CBES and
Guideline is not recorded in the South Burlington Local Records shall be deemed land development without a
zoning permit in violation of these Regulations.
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South Burlington Land Development Regulations
4 RESIDENTIAL DISTRICTS
4.01 Residential 1 District
4.02 Residential 2 District
4.03 Residential 4 District
4.04 Residential 7 District
4.05 Residential 12 District
4.06 Residential 7 with Neighborhood Commercial District
4.07 Lakeshore Neighborhood District
4.08 Queen City Park District
4.01 RESIDENTIAL 1 DISTRICT - R1
A. Purpose. A Residential 1 District is hereby formed in order to encourage low-density single-family
residential uses. This district is located in areas where low densities are necessary to protect scenic views and
cultural resources, and to provide compatibility with adjacent natural areas. Any use not expressly permitted
is prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant to Article
14, and accessory uses to those uses.
E. Area, Density, and Dimensional Requirements. In the Residential 1 District, all requirements of this
Section 4.01 and Table C-2, Dimensional Standards shall apply, as specified by sub-district (R1-PRD, R1-
Lakeshore, R1-Lakeview).
F. Planned Unit Development.
(1) For lots within the Residential 1 District that are five (5) acres in size or more and designated “R1-
PRD” on the Official Zoning Map, a Planned Unit Development may be permitted at a maximum of four
(4) units per acre subject to all applicable provisions of this section and Article 15. Multi-family dwellings
shall be limited to a maximum of four (4) dwelling units per structure.
(2) For lots within the Residential 1 District that are five (5) acres in size or more and designated “R1-
Lakeshore” on the Official Zoning Map, a Planned Unit Development may be permitted at a maximum of
seven (7) units per acre subject to all applicable provisions of this section and Article 15. Multi-family
dwellings shall be limited to a maximum of six (6) dwelling units per structure.
(3) For lots of any size within the Residential 1 District that are designated “R1-Lakeview” on the
Official Zoning Map, a Planned Unit Development may be permitted at a maximum of three (3) units per
acre subject to all applicable provisions of this section and Article 15. Multi-family dwellings shall be
limited to a maximum of three (3) dwelling units per structure.
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G. Additional Standards. Multi-Family dwelling units shall be subject to site plan review, as per Article
14, and, except as stated in subsection 4.01(F) of these Regulations, shall be limited to a maximum of four (4)
dwelling units per structure.
4.02 RESIDENTIAL 2 DISTRICT - R2
A. Purpose. A Residential 2 District is hereby formed in order to encourage moderate-density residential
use district. This district is located primarily in transition areas between higher density residential districts and
low-density districts. Any use not expressly permitted is prohibited, except those that are allowed as
conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant to Article
14, and accessory uses to those uses.
E. Area, Density and Dimensional Requirements. In the Residential 2 District, all requirements of this
Section 4.02 and Table C-2, Dimensional Standards shall apply.
F. Planned Unit Development. For lots within the Residential 2 District that are five (5) acres in size or
more, a Planned Unit Development may be permitted at a maximum of four (4) units per acre subject to all
applicable provisions of this section. Multi-family dwellings shall be limited to a maximum of four (4) dwelling
units per structure
G. Additional Standards. Multi-Family dwelling units shall be subject to site plan review, as per Article
14, and, except as stated in subsection 4.02(F) of these Regulations, shall be limited to a maximum of four (4)
dwelling units per structure.
4.03 RESIDENTIAL 4 DISTRICT - R4
A. Purpose. A Residential 4 District is hereby formed in order to encourage residential use at moderate
densities that are compatible with existing neighborhoods and undeveloped land adjacent to those
neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional
uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
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D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant to Article
14, and accessory uses to those uses, subject to the following standards specific to the R4 district:
(1) Places of worship shall not be permitted on local streets within the R4 district.
E. Area, Density, and Dimensional Requirements. In the Residential 4 District all requirements of this
Section 4.03 and Table C-2, Dimensional Standards, shall apply.
F. Additional Standards. Multi-family dwellings shall be subject to site plan review, as per Article 14, and
shall be limited to a maximum of four (4) dwelling units per structure.
4.04 RESIDENTIAL 7 DISTRICT - R7
A. Purpose. A Residential 7 District is hereby formed to encourage high-density residential use. The
district is located in areas that are near shopping areas, schools, and public transportation facilities and that
are served by roads capable of carrying high traffic volumes. Offices and specified other commercial uses may
be permitted within the district in locations that have direct access to arterial and collector streets and that
will not adversely affect residential properties. Any use not expressly permitted is prohibited except those
that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article
14, and accessory uses to those uses, subject to the following standards specific to the R7 district:
(1) Places of worship and affiliated educational facilities; such facilities shall not be permitted on local
streets within the R7 district.
E. Area, Density, and Dimensional Requirements. In the Residential 7 District all requirements of this
Section 4.04 and Table C-2, Dimensional Standards, shall apply.
F. Additional Standards. Multi-family dwellings shall be subject to site plan review, as per Article 14.
4.05 RESIDENTIAL 12 - R12
A. Purpose. A Residential 12 District is hereby formed to encourage high-density residential use. The
district is located in areas that are near shopping areas, schools, and public transportation facilities and that
are served by roads capable of carrying high traffic volumes. Offices and specified other commercial uses may
be permitted within the district in locations that have direct access to arterial and collector streets and that
will not adversely affect residential properties. Any use not expressly permitted is prohibited except those
that are allowed as conditional uses.
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B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Planned Unit Development. Planned Unit Developments shall be required in R12 districts.
D. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
E. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article
14, and accessory uses to those uses, subject to the following standards specific to the R12 district:
(1) Places of worship and affiliated educational facilities; such facilities shall not be permitted on local
streets within the R12 district
F. Area, Density, and Dimensional Requirements. In the Residential 12 District all requirements of this
Section 4.05 and Table C-2, Dimensional Standards, shall apply.
4.06 RESIDENTIAL 7 WITH NEIGHBORHOOD COMMERCIAL DISTRICT - R7-NC
A. Purpose. In certain Residential 7 Districts, there may be a community need for a neighborhood
commercial area. These commercial areas are intended to serve the convenience shopping needs of local
residents and employees. Their location and design are intended to make them accessible both by vehicle and
by foot, thereby somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses
offering goods and services will be limited in allowed floor area and use as per the regulations set forth below;
such regulations generally follow existing Commercial 1. District regulations. Such districts shall be considered
non-residential districts for purposes of these Regulations.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted and Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses
to those uses.
D. Lot, Area, and Dimensional Requirements. The lot, area, and dimensional requirements shall be those
set forth in Table C-2, Dimensional Standards, for C1 Districts. Provisions of Article 3 and Table C-2,
Dimensional Standards, may be modified by the Development Review Board in accordance with the conditions
and objectives of this Section 4.06.
E. Additional Standards.
(1) Non-residential development and multi-family development shall be subject to site plan review,
as set forth in Article 14.
(2) Multiple structures and multiple uses within structures may be allowed, if the Development
Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. Area and
frontage requirements may be met by the consolidation of contiguous lots under separate ownership.
Construction of a new public street may serve as the minimum frontage requirements.
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(3) Access, parking, and internal circulation: Where existing residential dwellings are converted to
nonresidential use, the residential appearance of the structure shall be retained.
(4) Commercial properties that abut residential districts shall provide a screen or buffer along the
abutting line, as per Section 3.06(I) and Section 13.06 of these Regulations.
4.07 LAKESHORE NEIGHBORHOOD DISTRICT LN
A. Purpose. A Lakeshore Neighborhood District (LN) is hereby formed in order to encourage residential
use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods
located in the vicinity of Bartlett Bay Road and Holmes Road. The district is designed to promote the area's
historic development pattern of smaller lots and minimal setbacks. This district encourages the conversion of
seasonal homes to year round residences. Any use not expressly permitted is prohibited, except those that
are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article
14, and accessory uses to those uses.
E. Area, Density, and Dimensional Requirements. In the Lakeshore Neighborhood District all
requirements of this Section 4.07 and Table C-2, Dimensional Standards, as well as Section 4.08(F) (Height of
Structures), shall apply.
4.08 QUEEN CITY PARK DISTRICT QCP
A. Purpose. A Queen City Park District (QCP) is hereby formed in order to encourage residential use at
densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood.
It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This
district also encourages the conversion of seasonal homes to year round residences. Any use not expressly
permitted is prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article
14, and accessory uses to those uses.
E. Area, Density, and Dimensional Requirements. In the Queen City Park District all requirements of this
Section 4.08 and Table C-2, Dimensional Standards shall apply.
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F. Nonconforming Structures. Structures in the Queen City Park District shall be subject to the provisions
of Article 3, Section 3.11, nonconformities, and to the following requirements and restrictions:
(1) Any nonconforming structure may be altered provided such work does not:
(a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five
percent (25%) for nonresidential properties of the fair market value as determined by the City
Assessor or by a separate independent appraisal approved by the Administrative Officer; or
(b) Involve an increase to the structure's height or footprint, or otherwise involve an increase to
the square footage of the building or structure.
(2) The Development Review Board may approve any alteration which exceeds the thirty-five and
twenty-five percent rule described above or which involves an increase to the structure's height, footprint
or square footage subject to the provisions of Article 14, Conditional Use Review.
(3) The Development Review Board shall determine that the proposed alteration or expansion will
not adversely affect:
(a) Views of adjoining and/or nearby properties;
(b) Access to sunlight of adjoining and/or nearby properties; and
(c) Adequate on-site parking.
G. Additional Standards.
(1) Development, construction, and alterations within the QCP District within one hundred (100)
linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook
Overlay District.
(2) Multi-family dwellings shall be subject to site plan review, as per Article 14, and shall be limited
to a maximum of four (4) dwelling units per structure.
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ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations
5 COMMERCIAL DISTRICTS
5.01 Commercial 1 (C1)
5.02 Commercial 1 with Automobile Sales (C1-AUTO)
5.03 Commercial 1 with Airport-Related Uses (C1-AIR)
5.04 Commercial 1 with Limited Retail (C1-LR)
5.05 Commercial 2 (C2)
5.06 Swift Street District (SW)
5.07 Allen Road District (AR)
5.08 Supplemental Standards for Commercial Districts
5.01 COMMERCIAL 1 - C1
A. Purpose. A Commercial 1 District is hereby formed in order to encourage the location of general retail
and office uses in a manner that serves as or enhances a compact central business area. Other uses that would
benefit from nearby access to a central business area, including clustered residential development and small
industrial employers, may be permitted if they do not interfere with accessibility and continuity of the
commercial district. Large-lot retail uses, warehouses, major industrial employers, and incompatible industrial
uses shall not be permitted. Planned Unit Developments are encouraged in order to coordinate traffic
movements, promote mixed-use developments, provide shared parking opportunities, and to provide a
potential location for high - traffic generating commercial uses. Any uses not expressly permitted are
prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Uses. In the Commercial 1 District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses, and accessory uses to those uses.
D. Area, Density, and Dimensional Requirements. In the Commercial 1 District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
E. Residential Development Density. In the Commercial 1 District, those areas of the Commercial 1
district generally in the vicinity of the intersection of Dorset Street and Williston Road, and Williston Road and
Interstate Highway 89, and which are designated as “C1-R12” on the South Burlington Zoning Map shall have
a maximum allowable residential density of twelve (12) units per acre. Those areas of the Commercial 1 district
generally in the vicinity of Shelburne Road and designated as “C1-R15” on the South Burlington Zoning Map
shall have a maximum allowable residential density of fifteen (15) units per acre.
F. Additional Standards.
(1) All applications within the Commercial 1 District shall be subject to the supplemental standards
in Section 5.08.
(2) Applications for a drive-through facility shall be subject to conditional use review and the
following restrictions at minimum:
(a) Compliance with Traffic Overlay District provisions, if applicable.
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(b) Compliance with an approved access management plan providing for curb cut consolidation
and secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane
length and aisle width.
(3) Educational facilities and educational support facilities in the Commercial 1 district shall be subject
to the dimensional standards and requirements of the Institutional-Agricultural North district.
5.02 COMMERCIAL 1 WITH AUTOMOBILE SALES DISTRICT (C1-AUTO)
A. Purpose. The purpose of the C1-AUTO District is to recognize the existence of several automobile
sales and service facilities in this area of the City and allow for their continued operation and improvement,
while not detracting from the overall purpose of the C1 District.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. [Reserved]
D. Uses. In the Commercial 1-AUTO District, principal permitted uses and conditional uses shall be those
shown in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the Commercial 1-AUTO District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards. The maximum
residential density shall be fifteen (15) units per acre.
F. Additional Standards.
(1) All applications within the Commercial 1-AUTO District shall be subject to the supplemental
standards in Section 5.08.
(2) Applications for a drive-through facility shall be subject to conditional use review and the
following restrictions at minimum:
(a) Compliance with Traffic Overlay District provisions, if any.
(b) Compliance with an approved access management plan, providing for curb cut consolidation
and secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane
length and aisle width.
5.03 COMMERCIAL 1 DISTRICT WITH AIRPORT USES C1-AIR
A. Purpose. The purpose of the Commercial 1 with Airport Uses District (C1-AIR) is to recognize the
existence of airport-related support services and businesses and to encourage their location in close proximity
to the Burlington International Airport. Any use not expressly permitted is prohibited, except those that are
allowed as conditional uses.
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ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. [Reserved]
D. Uses. In the Commercial 1-AIR District, principal permitted uses and conditional uses shall be those
shown in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the Commercial 1-AIR District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards. The maximum
residential density shall be twelve (12) units per acre.
F. Additional Standards. All applications within the Commercial 1-AIR District shall be subject to the
supplemental standards in Section 5.08.
5.04 Commercial 1 with Limited Retail (C1-LR)
A. Purpose. A Commercial 1 with Limited Retail C1-LR District is hereby formed in order to encourage
the location of general retail at specific intersections in the city, to serve nearby residential areas. These
commercial areas are intended to serve the convenience shopping needs of local residents and employees.
Their location and design are intended to make them accessible both by motorized vehicle and by foot,
thereby somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses offering goods
and services will be limited in allowed floor area and use. Such regulations generally follow existing
Commercial 1 District regulations. Any uses not expressly permitted are prohibited, except those that are
allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Uses. In the Commercial 1 with Limited Retail C1-LR District, principal permitted uses and conditional
uses shall be those shown in Table C-1, Table of Uses.
D. Area, Density, and Dimensional Requirements. In the Commercial 1 with Limited Retail C1-LR District,
area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards. The
maximum residential density shall be twelve (12) units per acre.
E. Additional Standards. All applications within the Commercial 1-LR District shall be subject to the
supplemental standards in Section 5.08.
5.05 COMMERCIAL 2 DISTRICT C2
A. Purpose. A Commercial 2 District is hereby formed in order to encourage general commercial activity.
In addition to uses permitted in the C1 District, large lot-retail uses, such as sale of motor vehicles and building
materials, may be permitted. A range of industrial uses as well as clustered residential development may be
permitted in locations that are mutually compatible with general commercial activity. Development shall be
subject to site plan review to coordinate traffic movements, encourage mixed-use developments, to provide
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ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations
shared parking opportunities and to provide a potential location for high-traffic generation commercial uses.
Any uses not expressly permitted are prohibited except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Uses. In the Commercial 2- C2 District, principal permitted uses and conditional uses shall be those
shown in Table C-1, Table of Uses.
D. Area, Density, and Dimensional Requirements. In the Commercial 2 C2 District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards. The maximum
residential density shall be seven (7) units per acre.
E. Additional Standards. All applications within the Commercial 2-C2 District shall be subject to the
supplemental standards in Section 5.08.
5.06 SWIFT STREET DISTRICT SW
A. Purpose. In the Swift Street area of the City, residential land uses predominate but exist compatibly
with non-residential uses. A Swift Street District recognizes the complex of existing land uses and densities
and allows for the further development of this area. Future residential development shall be at Residential 7
densities given this area’s proximity to an important arterial road with significant commercial development.
Future commercial development shall be in general keeping with Commercial 1 (C1) regulations to provide for
the goods and services needs of local residents.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Uses. In the SW District, principal permitted uses and conditional uses shall be those shown in Table
C-1, Table of Uses.
D. Area, Density, and Dimensional Requirements. In the SW District, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards. The maximum residential density
shall be seven (7) units per acre.
E. Additional Standards. All applications within the SW-Swift Street District shall be subject to the
supplemental standards in Section 5.08.
5.07 ALLEN ROAD DISTRICT AR
A. Purpose. In the Allen Road area of the City, residential land uses predominate but exist compatibly
with light commercial, light industrial, and other non-residential uses. An Allen Road District recognizes the
complex of land uses and densities here, the area’s potential as a major gateway into the City from the south,
and allows for the further development of this area. Future residential development shall be at Residential 12
densities given this area’s proximity to an important arterial road with significant commercial development.
Future commercial development shall be in general keeping with Commercial 1 (C1) regulations to provide for
the goods and services needs of local residents.
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ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Uses.
(1) In the AR District, principal permitted uses and conditional uses shall be those shown in Table C-
1, Table of Uses.
(2) Service stations shall be permitted only on lots having frontage on Shelburne Road.
D. Area, Density, and Dimensional Requirements. In the AR, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards. The maximum residential density
shall be twelve (12) units per acre.
E. Additional Standards. All applications within the AR-Allen Road District shall be subject to the
supplemental standards in Section 5.08.
5.08 Supplemental Standards for All Commercial Districts
A. Development according to commercial district regulations and multifamily development at the
residential density specified for the applicable district shall be subject to site plan review, as set forth in Article
14, the purpose of which shall be to encourage innovation of design and layout, encourage more efficient use
of land for commercial development, promote mixed-use development and shared parking opportunities,
reduce stormwater runoff and maximize infiltration, provide coordinated access to and from commercial
developments via public roadways, and maintain service levels on public roadways with a minimum of publicly
financed roadway improvements.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be
allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size,
and lot depth. Area requirements and frontage needs may be met by the consolidation of contiguous lots
under separate ownership. Construction of a new public street may serve as the minimum frontage needs.
Where multiple structures are proposed, maximum lot coverage shall be the normal maximum for the
applicable district.
C. [RESERVED]
D. Commercial properties that abut residential districts shall provide a screen or buffer along the
abutting line in accordance with Section 3.06(I) of these Regulations.
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ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations
6 INDUSTRIAL and AIRPORT DISTRICTS
6.01 Mixed Industrial-Commercial District IC
6.02 Airport District AIR
6.03 Airport Industrial District AIR-I
6.04 Industrial-Open Space District I-O
6.05 Supplemental Standards for Industrial and Airport Districts
6.01 MIXED INDUSTRIAL-COMMERCIAL DISTRICT IC
A. Purpose. The Mixed Industrial-Commercial District is formed to encourage general industrial and
commercial activity in areas of the City served by major arterial roadways and with ready access to Burlington
International Airport. The Mixed Industrial- Commercial district encourages development of a wide range of
commercial, industrial and office uses that will generate employment and trade in keeping with the City’s
economic development policies. These uses are encouraged in locations that are compatible with industrial
activity and its associated land use impacts. Major commercial uses, such as supermarkets and shopping
centers shall not be permitted. Any uses not expressly permitted are prohibited, except those that are allowed
as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Review Procedures. All applications for development within the IC district shall be reviewed pursuant
to the site plan provisions of Article 14, unless the PUD or subdivision provisions control.
D. Uses. In the IC District, principal permitted uses and conditional uses shall be those shown in Table C-
1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the IC district, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards.
F. Additional Standards. All applications within the IC District shall be subject to the supplemental
standards in Section 6.05.
6.02 AIRPORT DISTRICT AIR
A. Purpose. The Airport District is formed to facilitate the development and operation of Burlington
International Airport, the Vermont Air National Guard, and associated facilities, while providing standards for
review and development that improve the compatibility of these uses with surrounding residential and
commercial uses. Any uses not expressly permitted are prohibited, except those which are allowed as
conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
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ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations
C. Review Procedures. All applications for development within the AIR district shall be reviewed
pursuant to the site plan provisions of Article 14, unless the PUD or subdivision provisions control.
D. Uses. In the AIR District, principal permitted uses and conditional uses shall be those shown in Table
C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards.
F. Additional Standards. All applications within the AIR District shall be subject to the supplemental
standards in Section 6.05 and the following additional standards:
(1) No use shall be permitted which will produce electrical interference with radio communications
or radar operations at the Airport.
(2) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
(3) No use shall be permitted which could obstruct the aerial approaches to the Airport.
(4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any
other federal or state regulations pertaining to airports.
6.03 AIRPORT INDUSTRIAL DISTRICT AIR-I
A. Purpose. In areas proximate to the Airport, an Airport Industrial AIR-I District is established to provide
sufficient land area for the Vermont Air National Guard and Airport-related uses, support facilities, and
commercial activities that may be incompatible with general residential or commercial uses. The standards
and regulations for the Airport Industrial District recognize the importance of these facilities and uses to the
operation of the City and regional economies while providing appropriate setbacks and buffering to offset
their impacts on adjacent land uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Review Procedures. All proposed development within the AIR-I district shall be reviewed pursuant to
the planned unit development provisions of these regulations.
D. Uses. In the AIR District, principal permitted uses and conditional uses shall be those shown in Table
C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards.
F. Additional Standards. All applications within the AIR District shall be subject to the supplemental
standards in Section 6.05 and the following additional standards:
(1) No use shall be permitted which will produce electrical interference with radio communications
or radar operations at the Airport.
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ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations
(2) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
(3) No use shall be permitted which could obstruct the aerial approaches to the Airport.
(4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any
other federal or state regulations pertaining to airports.
6.04 INDUSTRIAL-OPEN SPACE DISTRICT IO
A. Purpose. The Industrial-Open Space IO District is established to provide suitable locations for high-
quality, large-lot office, light industrial and research uses in areas of the City with access to major arterial
routes and Burlington International Airport. The IO District regulations and standards are intended to allow
high-quality planned developments that preserve the generally open character of the district, minimize
impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while
providing suitable locations for employment and business growth. The location and architectural design of
buildings in a manner that preserves these qualities is strongly encouraged. Any uses not expressly permitted
are prohibited, except those which are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Review Procedures. All proposed development within the IO district shall be reviewed initially
pursuant to the planned unit development provisions of these regulations. The DRB may condition PUD
approvals involving the creation of individual lots for development to allow subsequent applications for
development of individual lots to be reviewed pursuant to the standards and procedures for site plan review
in Article 14 of these regulations.
D. Uses. In the IO District, principal permitted uses and conditional uses shall be those shown in Table C-
1, Table of Uses.
E. Area, Density, and Dimensional Requirements.
(1) In the IO district, area, density, and dimensional requirements shall be those shown in, Table C-2,
Dimensional Standards.
(2) The minimum lot size of an individual lot within a PUD may be modified by the Development
Review Board provided the overall tract of land involved in the PUD complies with the minimum and
average lot size requirements for the IO district.
F. Additional Standards. All applications within the IO District shall be subject to the supplemental
standards in Section 6.05.
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ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations
6.05 Supplemental Standards for Industrial and Airport Districts
A. Site plan or PUD review required. Development according to industrial and airport district regulations
shall be subject to site plan or planned unit development review as specified above, the purpose of which
shall be to encourage innovation of design and layout, encourage more efficient use of land for development,
promote shared parking opportunities, provide coordinated access to and from commercial developments via
public roadways, and maintain service levels on public roadways with a minimum of publicly financed roadway
improvements.
B. Multiple structures and uses permitted. Multiple structures, multiple uses within structures, and
multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject
site has sufficient frontage, lot size, and lot depth. Area and frontage requirements may be met by the
consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as
the minimum frontage requirements. Where multiple structures are proposed, maximum lot coverage shall
be the normal maximum for the applicable districts.
C. [Reserved]
D. Buffer strip. Properties in the Airport, Mixed Industrial Commercial, Industrial Open Space and Airport
Industrial districts that abut residential districts shall provide a screen or buffer along the abutting line, as per
Section 3.06(I) (buffers).
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ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations
7 OTHER DISTRICTS
7.01 Institutional and Agricultural District (IA)
7.02 Park and Recreation District (PR)
7.03 Municipal District (MU)
7.01 Institutional and Agricultural District I-A
A. Purpose. It is the purpose of the Institutional and Agricultural District to provide for the educational,
conservation, research and agricultural operations of the University of Vermont on its properties within South
Burlington. It is the further purpose of the Institutional and Agricultural District to provide for the integration
of University-related uses into the City's overall land use pattern through the use of appropriate site planning
techniques that promote a beneficial pattern of access, circulation, landscaping, and pedestrian connections
between University properties and adjacent neighborhoods. The more intensive nature of the University’s
properties adjacent to the main campus along Williston Road and the more open, undeveloped character of
the properties farther south of the main campus along Spear and Swift Street are also recognized in these
land development regulations.
To implement these objectives, properties within the Institutional-Agricultural District are designated as
Institutional-Agricultural North (“IANORTH”) or Institutional-Agricultural South (“IA-SOUTH”) on the South
Burlington Zoning Map and references are made herein to IA-NORTH and IA-SOUTH properties. Any uses not
expressly permitted are prohibited, except those uses allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
C. Uses. In the Institutional and Agricultural District, principal permitted uses and conditional uses shall
be those shown in Table C-1, Table of Uses.
D . Area, Density and Dimensional Requirements. In the Institutional-Agricultural District, all
requirements of this Section 7.01 and Table C-2, Dimensional Standards shall apply.
E . Additional Standards. All applications within this District shall be subject to the following additional
standards:
(1) For properties in the Institutional-Agricultural district west of Spear Street and north of Quarry
Hill Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet between the
boundary of any adjacent residential zoning district and any new non-residential structure. The DRB may
require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these
Regulations to ensure adequate buffering between new non-residential structures and adjacent
residential districts.
(2) For all other properties in the Institutional-Agricultural district, an undeveloped area shall be
maintained for a minimum of one hundred (100) feet between the boundary of any adjacent residential
zoning district. The yard shall be kept free of buildings, structures, parking lots and facilities, and access
drives other than those required to cross through the required yard. The DRB may require landscaping or
other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure
adequate buffering between new non-residential structures and adjacent residential districts.
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ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations
(3) Educational facilities and educational support facilities in the Commercial 1 district shall be subject
to the dimensional standards and requirements of the Institutional-Agricultural North district.
(4) Educational Support Facility. Any Educational Support Facility shall be designed and intended to
function as a complement to the intended educational use of the property. Such uses shall be secondary
to the principal educational use of the property and shall be intended to principally serve students, faculty,
and staff of the educational use.
7.02 Park and Recreation District PR
A. Purpose. A Park and Recreation District is hereby formed in order to provide for the recreational
needs of the City's residents, to provide a balance between developed recreation areas and natural recreation
areas, to integrate private parks into the recreation system, and to make recreation areas accessible to all
residents regardless of physical ability.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
C. Uses. In the Parks and Recreation District, principal permitted uses and conditional uses shall be those
shown in Table C-1, Table of Uses.
D . Area, Density and Dimensional Requirements. In the Park and Recreation District, all requirements
of this Section 7.02 and Table C-2, Dimensional Standards shall apply.
E . Additional Standards. All applications within this District shall be subject to the following additional
standards:
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
(2) The proposed use will be compatible with and protect the ability to preserve public recreational
use and planned open spaces and natural areas on the project site.
(3) The proposed use will include areas that may be used or accessed by the general public.
7.03 Municipal District MU
A. Purpose. A Municipal District is hereby formed to provide for public schools, municipal services
including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations
of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other
municipal uses, excluding public recreation.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
C. Uses. In the Municipal District, principal permitted uses and conditional uses shall be those shown in
Table C-1, Table of Uses.
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ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations
D. Area, Density and Dimensional Requirements. In the Municipal District, all requirements of this
Section 7.03 and Table C-2, Dimensional Standards shall apply.
E. Additional Standards. All applications within this District shall be subject to the following additional
standards
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
(2) The proposed use will be compatible with and protect the ability to preserve public recreational
use and planned open spaces and natural areas on the project site
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
8 CITY CENTER FORM BASED CODE DISTRICT
8.01 Purpose
8.02 Applicability
8.03 Land Development and Building Placement
8.04 Blocks, streets, and alley
8.05 Parking
8.06 Special Standards
8.07 Prohibited Materials
8.08 Open Space Requirements
8.09 Uses Allowed and Changes of Use
8.10 Review Procedures
8.11 Nonconformities
8.12 City Center T3 and T3+ Neighborhood
8.13 Urban Multi-Use Building Envelope Standards
8.14 T-5 Building Envelope Standards
8.15 City Center FBC Master Plan Review and Approval [Reserved]
8.01 Purpose
A. Purpose. The City Center Form Based Code (FBC) District is a standalone zoning district with
boundaries established on the Official Zoning Map, and has specific rules and standards set forth below
which apply solely in the City Center Form Based Codes District. The FBC District implements a form based
zoning regulation applicable to the City Center (either the ”Code” or the “FBC”) which encourages
sustainable retail, commercial and mixed use development of open land, redevelopment of existing mixed
use land and preservation and improvement of residential areas through pedestrian and bicycle
connectivity.
The FBC District (this article) is designed to maintain and foster improvement to the FBC District’s existing
structures and encourage new development and infrastructure that incorporates planned transportation
corridors with walking and bicycling coincidental with the automobile. This District aims to preserve the
existing residential fabric while stimulating new mixed use growth that facilitates a safe and economically
self-sustaining place to live and work. Future development within the City Center FBC District and its
Transect Zones shall be of a form of built environment that creates and protects development patterns
that are compact, pedestrian oriented and mixed use. Available parking will be a mix of parallel and
diagonal on-street and screened off- street. Adequate space for walking, interconnectedness of
neighborhoods and convenient parking areas will characterize the district so that there will be a mix of
uses within walking distance of dwellings and parking.
Solely for illustrative purposes, photographs or real world examples of the Building Type options for the
City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each
Transect Zone of the City Center Form Based Code District.”
8.02 Applicability
A. City Center Form Based Code District and Form Based Code. The City Center FBC District is
allocated among different areas, known as Transect Zones, to reflect the different nature and densities of
existing and anticipated development. The City Center FBC District Transect Zones are named T-5, T-4, T-
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
3, T-3+ and T-1 and are shown on the Zoning Map. Each Transect Zone is governed by its respective
Building Envelope Standards (BES), attached hereto in Sections 8.12 – 8.14 hereof, and Street Typology,
attached hereto in Article 11 hereof. The Zoning Map, Building Envelope Standards and Street Typology
are binding within the City Center Form Based Code (FBC) District and are made a part hereof.
(1) The T1 Transect Zone depicts stream buffer, wetland, and wetland buffer areas on the Official
Zoning Map. Stream buffer, wetland, and wetland buffer areas are shown for illustrative purposes
only. Depicted stream buffer, wetland, and wetland buffer boundaries are approximate. The
diagram should not be construed as showing all stream buffers, wetland, and wetland buffer areas,
nor the precise locations of such stream buffers, wetland, or wetland buffer areas. Stream buffer,
wetland, and wetland buffer delineation for permitting purposes must be determined in accordance
with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable.
B. Limited Incorporation of Land Development Regulations. Articles 3, 13, 14, 15, and Appendix C
of the South Burlington Land Development Regulations shall not be applicable in the City Center Form
Based Code (FBC) District except the following sections:
3.01 - 3.05, Table 3-1, Figures 3-1a & 3-1b, 3.08, 3.09(A), 3.10 (E), 3.11(F-G), 3.12 & 3.13
Article 13 shall apply as indicated within the Article.
Article 14 shall apply as indicated within the Article.
Article 15 shall apply as identified within the Article.
Where in this Article a specific section or subsection is referenced, it shall apply.
In the event of a conflict between the Building Envelope Standards or Street Typology and other portions
of these Regulations, the Building Envelope Standards and Street Typology shall control.
8.03 Land Development and Building Placement
A. Land Development. No land development shall be permitted except in full compliance with the
applicable Building Envelope Standards (BES) and this Article. See also Section 8.11, non-conformities.
B. Building Placement.
(1) All new buildings, and all additions to buildings shall include at least one building façade
located entirely within a Build-to-Zone, except as provided for below:
(a) Buildings permitted in a T3 Cottage Court
(b) As permitted under Section 8.11, Nonconformities; or,
(c) Accessory structures
C. Special Requirements, Prohibitions & Exceptions
(1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are
parallel to, and which abut the Public Open Space or Park, without regard to any rights-of-way, shall
meet the BES applicable to Secondary Building Facades. Any such building abutting a qualifying street
shall meet all BES applicable to such street.
(2) Loading docks and other entries meant principally for deliveries shall not face streets, except
where:
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
(a) They are set back a minimum of 100 feet from the building façade that is parallel to and
closest to the public street; and,
(b) The total width of said docks, doors, and entries does not exceed 12 feet.
(3) All loading docks and associated truck parking areas shall be screened from view from streets.
In the case of a nonconforming loading dock and associated truck parking area, any changes to the
location or configuration of the loading docks or associated truck parking areas shall require
compliance with this subsection.
(4) Residential uses are prohibited within fifty (50) feet horizontal distance of ramp rights-of-way,
both existing and planned, for Interstate 89 and Interstate 189.
8.04 Blocks, Streets, and Alleys
A. General Standards
(1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center
FBC District, including transportation, economic development, creation of an active, pedestrian-
friendly environment, and to implement the intent of block standards identified within the Building
Envelope Standards of each Transect Zone.
(2) Construction of streets
(a) Where a building is proposed to be located on a lot that is adjacent to a new or extended
street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance
with the requirements of Article 11, Street Typologies.
(b) Where a building is proposed to be located on a lot that is adjacent to existing street,
such street shall be upgraded pursuant to Article 15 and in accordance with requirements of
Article 11, Street Typologies.
(3) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any
block shall be determined by BES, except as otherwise provided for in this Article.
(4) Frontage Buildout. Frontage Buildout requirements for the applicable Transect Zone shall
apply along all streets pursuant to the BES. See Section 8.11, Nonconformities, for development
existing at the time the FBC was enacted.
(a) Where wetlands and wetland buffers and streams and stream buffers, as defined in
Article 12, are located along streets and are proposed to be unaffected, the linear distance of
these features along the street shall be removed from the calculation of the lot’s minimum
frontage buildout requirement.
(5) Connectivity. All existing or proposed streets shall connect directly at each end to another
existing public street, or planned or proposed street listed as a qualifying street type in the applicable
BES. This requirement, however, shall not apply to the planned street extending north from Barrett
Street depicted on the City Center Form Based Code Primary & Secondary Street & Block Standard
applicability map.
(6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all
public, planned, and proposed streets within the Transect Zones.
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(a) In the event that a third party easement which predates the initial adoption of this Article
exists within a build-to-zone prohibiting the frontage buildout to be met, the build-to-zone shall,
for the length of the easement, be established along the rear edge of the easement.
B. Location of blocks and streets.
(1) Applicability of block lengths and perimeters.
(a) Exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall
not apply in areas shown on the Official Map as exempt from such standard, unless, pursuant to
24 VSA 4421(5), the application is to be reviewed without regard to the proposed public facility
indicated on the Official Map. In such instances, block length and perimeter standards for the
applicable Transect Zone shall be met.
(b) Non-exempt areas. Block lengths and block perimeters for the applicable Transect Zone
shall apply for all areas shown on the Official Map as non-exempt from such standards.
(2) Public Facilities on the Official Map: Where a planned street or any other planned public
feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such
parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public
feature, facility for improvement to the City at the time of an application for land development on
such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting
the area of such street shall be recorded in the land records prior to the issuance of any zoning permit.
The following additional standards shall apply in either instance:
(a) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
(b) Where the street is proposed to be public, the minimum street right-of-way width shall
be as identified within Article 11, Street Typologies;
(c) Where the City identifies a specific Street Type on the Official Map, such street shall
comply with the standards for that street type in Article 11;
(d) The actual location of a street may deviate from the location identified on the Official
Map within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the
applicable Transect Zone;
(e) The actual location of a street may be deviate from the location identified on the Official
Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the
applicable Transect Zone. Such deviation shall require approval of the Development Review Board
pursuant to the following:
(i) The proposed location shall connect to adjacent existing, planned, or proposed
streets at each end;
(ii) The proposed location shall remain consistent with any City and Regional Planning
Commission transportation corridor studies;
(iii) It shall remain possible to complete all planned and reasonably anticipated
connections to adjacent properties;
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(iv) The applicant shall solicit from the owners of all adjoining properties their written
input or comment regarding the proposed deviation from the location identified on the
Official Map and shall demonstrate to the DRB the attempt(s) to solicit this written input or
comment; and,
(v) Any such deviation that results in a significant change in connections to any existing,
planned, or proposed street right-of-way shall require approval by the City Council following
recommendation by the Planning Commission. Any such deviation shall include an
amendment to the Official Map that depicts the revised connection between the new street
location at the applicant’s property line and the planned street on the adjacent parcel. For
the purposes of this subsection, a significant change may include a change in the parcel(s)
through which the streets are planned, any modification to an approved City or State plan for
the street connection, or a change affecting the alignment of a planned or existing
intersection.
(3) Standards for Non-exempt areas. In areas or circumstances that are not exempt from block
length and perimeter requirements, the following standards shall apply.
(a) The applicant shall submit plans demonstrating compliance with the block standards for
the entire parcel. Such submission may include phasing, and in such cases, may for future phases
provide detail sufficient only to indicate that the standards of these Regulations can be met at a
future time.
(b) All proposed streets shall comply with the requirements of Section A above and of the
applicable Building Envelope Standards.
(c) The Development Review Board shall have the authority to modify minimum and
maximum block lengths by up to 10% where it finds that:
(i) The modification will result in avoidance of impacts to a wetland, wetland buffer,
stream, or stream buffer, as defined within these Regulations;
(ii) Pre-existing site conditions such as existing buildings proposed to remain, existing
signalized intersections, or existing signalized curb cuts make placement of the block length
within the required distance impractical or result in a detriment to vehicular or non-motorized
transportation safety or efficiency, or;
(iii) The modification will result in an improved alignment of an intersection, such as
aligning with an intersection on the other side of the street, or establishing a safe distance
from an existing intersection;
(d) Where the DRB approves a modification of a minimum or maximum block length
standard, the following shall apply:
(i) All requirements for pedestrian passages within the applicable BES shall be met; and,
(ii) Where a block length exceeds the maximum for the applicable Transect Zone, a public
lane, pedestrian pass, or path as defined within the Street Typologies shall be established,
creating a mid-block connection to the adjacent public street, and offered for dedication to
the City. Where the applicant’s property is not adjacent to a public street, a public lane,
pedestrian pass, or path shall be established to the property line or to the nearest existing
pedestrian infrastructure that provides perpendicular connectivity.
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C. Primary and Secondary Streets. Standards for buildings and building placement along Primary and
Secondary Streets are contained within the Building Envelope Standards for each Transect Zone.
D. Primary and Secondary Building Façade determination. Where a building is located on a lot that is a
corner lot or through-lot, the Primary Building Façade shall be the one parallel to and closest to the
street with the higher traffic count, except where:
(1) The higher traffic count street is an Interstate or Interstate ramp;
(2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count-street
is labelled as a Secondary Street on the Official Map;
(3) The lot has at least one hundred (100) feet of frontage on Market Street; or,
(4) Upon application to the Development Review Board, the Board finds that the application
presents a unique circumstance that is in keeping with the purposes of the Transect Zone in which the
project is located.
All building facades parallel to other streets and public open spaces shall be Secondary Building
Façades.
E. Corner Radii; Clear zones. Corner curb radii shall be determined by Street Type within Article 11,
Street Typologies. Tight turning radii are intended to shorten pedestrian crossings and inhibit drivers from
turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a 25-
foot radius Clear Zone shall be established free of all vertical obstructions including but not limited to
telephone poles, sign poles, fire hydrants, or electrical boxes.
F. Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb
cuts and to provide access to parking and service areas behind buildings. Alley locations and dimensions
are not fixed but shall be designed to accommodate the alley’s purpose.
8.05 Parking
A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be
determined by Street Type and Street Typology and consultation with the Department of Public Works.
B. Off-Street Parking placement.
(1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be
permitted, but shall be set back a minimum of 25 feet from the closest street line.
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(2) On a lot that complies with all requirements of the applicable BES, the Development Review
Board may approve surface parking which is within the 25-foot setback and which is not hidden from
view from the street by a building, provided:
(a) the subject parking represents the smallest practicable portion of the total parking
required for the property; and,
(b) the area encompassed by the subject surface parking represents a significantly minor
incursion with the 25-foot setback.
(3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet
(140’) of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements
for all areas between the street right-of-way and proposed parking have been met, regardless of
whether such areas are on one or multiple lots with one or multi ownerships.
(a) This figure shall be reduced to eighty feet (80’) where the applicant demonstrates that
this area has a shared parking agreement that would allow for the development of the area
without parking within this eighty-foot (80’) area.
C. Structured Parking Lot Placement. Any structure located within the Build-to-Zone may contain
structured parking. All such parking, however, shall be set back at least 25’ from all front building facades
on the first story. Such minimum 25’ area shall contain uses that are allowed in the Transect Zone.
(1) Parking structures are exempt from the requirement that at least one building façade be
located within a Build-to-Zone so long as Frontage Buildout requirements have been met by a principal
building or buildings or liner buildings. A parking structure that is located to the rear of building(s) that
comply with the Frontage Buildout for the applicable Transect Zone is exempt from glazing and door
standards.
D. Access to Off Street Parking. Alleys shall be the way to access off-street parking. Parking along
alleys may be head-in, diagonal, or parallel. Alleys may be incorporated into parking lots as standard drive
aisles. Access to all properties adjacent to the alley shall be maintained. Access between adjacent lots and
across property lines is required, as stipulated in 14.07A and 13.01F of these Regulations. Corner lots shall
access parking from the secondary street (see diagram below).
8.06 Special Standards
A. Civic Sites.
(1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal
buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic
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building is located. Civic buildings do not include retail buildings, residential buildings, or privately
owned office buildings.
(2) Modification of Standards. In order to provide greater flexibility to create a special
architectural statement, Civic Buildings may be approved with modification of certain standards listed
below. Any such review and any subsequent review shall be made by the Development Review Board
following an application. In considering an application, the Board shall have the authority to modify
or waive Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within
the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the
following in making its determination:
(a) Presence of a public design process and formal recommendation from the South
Burlington City Council and/or School Board;
(b) Consistency of the design with an adopted municipal or school building design policy (if
one exists);
(c) Consistency of the project with the written purposes of the applicable Transect Zone; and,
(d) Advancement, where appropriate, of the project with design elements specifically
encouraged within the applicable Transect Zone.
(3) Exemptions. Expansions of or modification to existing municipal school buildings shall be
exempt from the following requirements within the BES for the applicable Transect Zone: build-to-
zone, glazing, frequency of entrances, minimum story, and frontage buildout.
(4) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope
Standards within the applicable Transect Zone except as apply to any non-civic buildings.
B. Places of Worship.
(1) General, and Modification of Standards. Places of worship are of special public importance.
In order to provide greater flexibility to create a special architectural statement, Places of Worship
may be approved with modification of certain standards listed below. Any such review and any
subsequent review shall be made by the Development Review Board following an application. In
considering an application, the Board shall have the authority to modify or waive Build-to-Zone,
Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope
Standards for the applicable Transect Zone. The Board shall consider the following in makings its
determination:
(a) Consistency of the project with the written purposes of the applicable Transect Zone; and,
(b) Advancement, where appropriate, of the project with specific design elements
encouraged within the applicable Transect Zone.
(2) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope
Standards within the applicable Transect Zone except as apply to any buildings that are not used as
Places or Worship.
C. Drive Throughs. Drive-through service windows are permitted in the back of the building, in mid-
block and alley-accessed locations provided they comply with all of the following standards:
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(1) Queuing for drive-throughs shall not interfere with pedestrian access between the intended
pedestrian entrance to the building and any off-street parking for the building or public street
sidewalk access to the building;
(2) For mid-block lots, drive through service windows shall face the rear lot line. In the case of a
mid-block through-lot, drive-through service windows shall face the side lot line opposite the primary
building façade;
(3) For corner lots, drive through service windows shall be hidden by the building along all public
streets (see diagram below);
(4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard
in these regulations that requires a minimum of two (2) stories; and,
(5) Applications for a drive-through facility shall not be deemed complete without a mandatory
technical review by a traffic consultant to determine adequate stacking lane length.
D. Service Stations. Service Stations are permitted in the rear, in mid-block and alley -accessed
locations provided they comply with the all of following standards:
(1) No service station shall be located within 300 linear feet of a civic site;
(2) Queuing for service stations shall not interfere with pedestrian access between the intended
pedestrian entrance to the building and any off-street parking for the building or public street
sidewalk access to the building;
(3) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations
shall face the rear lot line;
(4) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations
shall be hidden by the building along all public streets
(5) Service stations shall conform to all applicable BES and shall not be exempt from any minimum
two (2) story requirement.
E. Buffer Strip. Any Buffer Strip required by a Building Envelope Standard shall consist, at a
minimum, of a strip of land that is no less than twenty feet wide measured from the applicable lot line
and shall include a screening buffer that is not less than eight (8) feet in width, measured from the
applicable lot line, and planted with dense evergreens that are at least seven (7) feet in height at time of
installation, and a separation buffer not less than twelve (12) feet wide measured from the edge of the
screening buffer, in which no building shall be allowed. Where a vehicle turn-around or parking will be
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located adjacent to the screening buffer, then the screening buffer shall be supplemented as needed so
as to be opaque year round. The Buffer Strip may include fencing to supplement the screening and/or
separation buffers.
F. Required Minimum Stories, Combined Stories.
(1) Building Stories. Where these Land Development Regulations establish a required minimum
number of stories, each story above the ground story up to and including the minimum number of
required stories shall:
(a) Contain a floor area of at least 75% of the building footprint for buildings with a building
footprint of less than 60,000 square feet or 50% of the building footprint for building with a
buildings footprint of 60,000 square feet or more; and,
(b) Be located directly above the story below and form an extension of the building facade
for at least 75% of the building facade on all primary and secondary facades.
(2) Combined stories. For each story in a building containing one or more stories with a floor-to-
floor height that exceeds the maximum height allowed in the applicable Transect Zone / Zoning
District, the number of stories shall be calculated by dividing the proposed floor-to-floor height by the
number of feet equal to the maximum story height and rounding up to the next whole number.
Example: a 20’ floor to ceiling height in a Transect Zone where maximum story height is 14’ will count
as two stories for the purposes of calculating the maximum allowable number of building stories in a
Transect Zone. For the purposes of calculating the minimum number of building stories in a Transect
Zone, however, combined stories shall not be considered to be more than one story.
G. Rooftop Elements and Uses; utilities.
(1) Conceal rooftop devices. In the T4 and T5 districts, rooftop mechanical equipment and
appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to
minimize visibility from any point at or below the roof level of the subject structure. Such features, in
excess of one foot in height, shall be enclosed by outer building walls or parapets, grouped and
screened, or themselves designed so that they are balanced and integrated with respect to the design
and materials of the building. Such rooftop devices shall not be counted as a “story.”
(2) Flat Roof Designs. Where flat roofs are used, architectural elements such as cornices shall be
included. Any such cornice or similar design shall be installed along all primary and secondary building
façades.
(3) Rooftop Use and structures. A rooftop may be used for any use permitted for the building.
Enclosed or partially-enclosed building features are permitted and shall not be considered as an
additional story, subject to the following conditions:
(a) The total area of all such features, including elevator shafts, building space, garden sheds,
permanent awnings or breezeways, or architectural features such as clock-towers or spires, shall
not exceed the greater of 200 square feet or 20% of the area of the upper-most story of the
building, whichever is greater and,
(b) The height of any such features shall not exceed 14’ above the maximum height of the
building (measured as maximum stories x maximum height of each story.
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(4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters,
shall not be located on any façade parallel to and adjacent to a street and shall be screened from view
of any such street. On-building fire hydrants shall be exempt from this subsection.
H. Alternate Compliance for Entrances in T4
(1) Authority. The Development Review Board shall have the authority to review and approve,
approve with conditions, or deny an application for development that differs from the strict
requirements of Section 8.13(C)(6) [T4 Urban Multi-Use District Building Envelope Standards,
Entrances] subject to the standards and limitations below.
(2) Entrance standard intent. It is the intent of Section 8.13(C)(6)(a-e), in concert with other
standards of Section 8.13, to establish a regular, consistently pedestrian-friendly environment in the
applicable district. The presence of regular, Operable entrances is designed to foster a built pattern
consisting of attractive, engaging, and interactive built forms. Users along a street are presented with
an inviting street presence of the building and are engaged throughout its length. This section is also
intended to support the viability of activities within adjacent buildings (existing or future) by creating
a pedestrian environment where the user has reason and interest to walk the entire length of a
building and engage with the next building rather than have an uninviting and unengaging
environment where a user would turn around.
(3) Standards for review. In making its determination, the Development Review Board shall
consider the following standards:
(a) The Board finds that the alterative design advances the specific objectives of the Central
District of the Comprehensive Plan in a manner that is equal or greater than the standard
contained within the BES.
(b) The Board finds that the alternative design advances the Purpose of the Transect Zone as
stated in these Land Development Regulations in a manner that is equal to or greater than the
standard contained within the BES.
(c) The Board finds that the alterative design advances the Intent of the standard as stated
in this Section in a manner that is equal to or greater than the standard contained within the BES.
(d) Any proposed alternative shall be incorporated along all facades of a building for which
alternate compliance is being sought and shall be distributed along the entire façade in a manner
which meets or exceeds the average frequency and maximum spacing as required by the BES.
(e) Any proposed alternative shall be not be counted or calculated as meeting or contributing
to any other required element or financial obligation of these Regulations.
(f) Any proposed alternative shall fulfill its function in all seasons.
(g) Creative alternatives are encouraged. Any proposed alternatives, however, shall consist
of original design elements. In the case of artwork, only Commissioned artwork shall be
considered.
I. Accessory Structures. Accessory structures shall exceed neither 500 square feet in area, nor
fifteen (15) feet in height. Accessory structures shall not be located between the street line and the front
building line of any principal building and shall be located a minimum of five (5) feet from all lot lines.
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There shall not be more than one accessory structure per principal building on the lot. The standards in
Section 3.10(A-D) shall not apply in this district.
8.07 Prohibited Materials
The following is a list of materials that are strictly forbidden as exterior finish materials in all Transect
Zones:
A. All types and form of vinyl siding or vinyl finishing products.
B. External Insulation and Finish System (EIFS)
C. Stucco
D. Plywood (excluding Marine Grade plywood)
E. Chain-link fence
F. T1-11
G. Concrete block, cinder block
H. Tar paper
I. Tyvek or equivalent
8.08 Open Space Requirements
A. Purpose. The open space standards contained herein are established to provide for the creation
or improvement of open spaces in both residential and non-residential developments located in the City
Center FBC District. Establishing, enhancing and preserving open space serve multiple purposes and meet
the recreational needs of residents, visitors, and employees. These open spaces define the distinctive
character of the community and are intended to provide a pleasant interlude in the urban environment,
serve as a source of great civic pride, and render the area more attractive or attract new residents and
businesses to the community. They can also be combined to serve multiple simultaneous purposes,
including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces may
provide breathing space, and visual and psychological relief, and meet other needs of community
residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city.
The standards set forth below establish regulations for open space in residential, non-residential, and
mixed-use developments. It is the City’s intent that all Qualifying Open Spaces shall be high quality,
useable and serve the purposes listed above. Qualifying open space must clearly be planned for that
purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity.
In making the final determination of whether, and how much, proposed open space meets the City’s
requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the
purpose statement of this subsection.
Solely for illustrative purposes, photographs or real world examples of the Building Type options for the
City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each
Transect Zone of the City Center Form Based Code District.”
B. General Requirements. In addition to the standards set forth in the Building Envelope Standards,
qualifying open spaces shall be required in all Transect Zones per Table 8-1:
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Table 8-1 Open Space Requirements
Transect
Zone
Residential
/Non-
Residential
Parcel
Size
Qualifying
Open Space
Required
Additional Restrictions,
Requirements, or
Allowances
Public Realm
Requirement
T5 Non-
Residential
All 5% of non-
residential
building gross
floor area
May locate qualifying open
space off-site or purchase
credits
Whether on or off
site, 100 % must be
part of the public
realm
Residential,
Less than 10
Units
All 100 Square
Feet Per Unit
May locate qualifying open
space off-site pursuant to
BES or purchase credits
No public realm
requirement for
residential
component
Residential,
10-19 Units
All 85 Square
Feet Per Unit
May locate qualifying open
space off-site pursuant to
BES or purchase credits
No public realm
requirement for
residential
component
Residential,
20 or more
Units
All 60 Square
Feet Per Unit
May locate qualifying open
space off-site pursuant to
BES or purchase credits
No public realm
requirement for
residential
component
T4 Non-
Residential
<20,000
SF
6% of non-
residential
building gross
floor area
May locate qualifying open
space off-site or purchase
credits
Whether on or off
site, 75% must be
part of the public
realm
Non-
Residential
>20,000
SF
6% of non-
residential
building gross
floor area
Qualifying open Space
must be located on site or
within 150’ of the site and
directly accessible from the
site
Whether on or off
site, 75% must be
part of the public
realm
Residential,
Less than 10
Units
All 100 Square
Feet Per Unit
Qualifying open Space
must be located on site or
within 150’ of the site and
directly accessible from the
site; 50% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential
component
Residential,
10-19 Units
All 85 Square
Feet Per Unit
Qualifying open Space
must be located on site or
within 150’ of the site and
directly accessible from the
site; 50% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential
component
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Residential,
20 or more
Units
All 60 Square
Feet Per Unit
Qualifying open Space
must be located on site or
within 150’ of the site and
directly accessible from the
site; 50% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential
component
T3/T3+ Non-
Residential
All 6% of non-
residential
building gross
floor area
Qualifying open Space
must be located on site
Minimum 30% must
be part of the public
realm
Residential,
Less than 10
Units
All 100 Square
Feet Per Unit
Qualifying open Space
must be located on site
No public realm
requirement for
residential
component
Residential,
10-19 Units
All 100 Square
Feet Per Unit
Qualifying open Space
must be located on site;
25% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential
component
Residential,
20 or more
Units
All 90 Square
Feet Per Unit
Qualifying open Space
must be located on site;
40% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential
component
(1) Mixed uses. Where a lot contains both residential and non-residential uses, the minimum
open space requirements in Table 8-1 for each type of use shall be met. The gross floor area of the
non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot less
the sum of the area of the residential units on the lot.
C. Qualifying Open Space. Qualifying Open Space is defined per the palette of options included in
Table 8-2, and specifically excludes areas also intended for motor vehicular use, such as parking areas,
driveways, travel lanes, etc.
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Table 8-2. Qualifying Open Space
Transect Zone Allowable Open Space (see Appendix F for standards)
T5 Pocket/Mini Park
Plaza/Square
Outdoor café/restaurant seating (not within the public right-of-way)
Sun Terrace (as restricted in Appendix F)
Courtyard
Pedestrian Pass
Indoor Park / Atrium
T4 All Open Space listed as allowable in T5 and;
Playgrounds
Green (residential and campus style development only)
Community gardens
Rain Gardens (as restricted in Appendix F)
Wooded area (as restricted in Appendix F)
Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in
Appendix F)
T3/T3+ Pocket/Mini Park
Courtyard
Green- residential with more than 7 units only
Private yard space (respecting common space requirement indicated in Table 8-1)
Playground
Community gardens
Wooded area (as restricted in Appendix F)
D. General Open Space Notes
(1) In all Transect Zones, only Open Space areas meeting the requirements of Appendix F and this
article shall count towards the minimum qualifying Open Space requirements.
(2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered
qualifying Open Space. A divider between a parking lot and a qualifying street type shall be considered
qualifying Open Space where applicable and allowable.
E. Locating Open Space Off-Site
(1) Qualifying open space may be located off-site, or on a parcel other than the one where the
subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must
be located within City Center FBC District boundaries and must meet the standards articulated herein.
Designated off-site open space must qualify under the palette of options listed in Table 8-2.
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(2) Designated off-site qualifying open space shall be located on developable land. For the
purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC
District that feasibly can be developed with residential uses or mixed uses in accordance with the
Code as determined by the DRB. Developable land area shall not, except where otherwise specified,
include:
(a) Land area that is already substantially developed, including existing parks and dedicated,
perpetual open space within such substantially developed portion;
(b) Areas of contiguous land that are unsuitable for development because of topographic features
or for environmental reasons, per chapter 12 of these regulations.
(3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas,
unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be
actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In
considering whether to make this finding, the DRB may wish to consider the reasonable and expected
use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in
Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer
shall not count as more than 50% of the minimum required qualifying open space.
(4) Pre-approval of open space. An applicant that constructs a greater area of open space than
the minimum required area may apply that additional open space that exceeds the minimum towards
the required open space for a future building. In doing so, the applicant shall demonstrate with each
such building that the off-site open space is qualifying for the proposed building in question.
F. Off-Site Open Space Credits
(1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant
may contribute to a designated City Fund that shall be used to acquire Open Space and/or for Open
Space capital improvements, both within the City Center FBC District, subject to the following
conditions and requirements:
(a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Open Space for
any parcel of less than two (2) acres in size.
(b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of
the minimum required qualifying Open Space for any parcel of two (2) acres or more.
(2) Amount of Contribution. The amount of contribution shall be calculated as follows: the
minimum required percentage of qualifying Open Space per Table 8-1 multiplied by the mean current
assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones.
G. Landscaping Requirements
(1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to
3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining
construction costs. This section requires that this investment be in trees and shrubs, and on-site.
(2) For the City Center FBC District, a portion of the minimum landscaping budget may be used
for art, decorative hardscapes, or other publicly welcoming amenities, as detailed in Table 8-3 and
Appendix F, and when located within the public realm as defined in these Regulations.
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(3) Off-site landscaping. Where Open Space is approved to be located off-site pursuant to Section
8.08(E), up to thirty (30) percent of the required landscaping budget may also be located off-site. In
such instances, the total required landscape budget shall increase by fifteen (15) percent.
Table 8-3. Landscaping Options
Zone Maximum use of
Minimum
Landscaping Budget
Acceptable Palette of Options
T5 60% Palette includes commissioned sculptures (excluding signss),
fountains, ornamental planters, ornamental or commissioned
benches*, and ornamental or commissioned bicycle racks*
T4 40% Palette includes same as T5.
T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils
for community gardens, gazebos for common use, and rain gardens
(as restricted in Appendix F).
*credit may be given for the difference by which the proposed amenity exceeds the specified requirement for the
district, at the discretion of the Administrative Officer or the Development Review Board where applicable
s As defined in the South Burlington Sign Ordinance
Credit will not be given for the value of the land under which any of the above are constructed.
H. Maintenance. All qualifying open space areas, and elements contained within, shall be
maintained in good condition and the entire area shall be kept clear of debris. Failure to maintain the area
shall constitute a violation of these Regulations.
8.09 Uses Allowed and Changes of Use.
A. General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in
Table 8-4, Table of Uses, these Land Development Regulations, other applicable City ordinances and
regulations and by state statute or applicable state regulation. In Table 8-4 below (Transect Zone Table
of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that
Transect Zone pursuant to these Land Development Regulations.
B. Nonconforming structures. Table 8-4, Transect Zone Table of Uses, indicates uses that are
prohibited in each Transect Zone for structures that are not in full compliance with the applicable
Building Envelope Standards. See also Section 8.11 for nonconformities.
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Table 8-4. Transect Zone Table of Uses
Transect Zones Table of Uses Non-Conforming
Structures, all
Transect Zones
T3/ T3+ T4 T5(1)
Adult use Prohibited Prohibited Prohibited Prohibited
Airport Uses Prohibited Prohibited Prohibited Prohibited
Animal shelter Prohibited Prohibited Prohibited Prohibited
Auto and/or motorcycle sales Prohibited
Auto and/or motorcycle service & repair Prohibited
Auto rental, with optional private
accessory car wash & fueling
Prohibited
Cannabis dispensary (cultivation only) Prohibited Prohibited Prohibited Prohibited
Car wash Prohibited
Commercial kennel, veterinary hospital
and/or pet day care
Prohibited Prohibited Prohibited Prohibited
Drive-through establishments, except
financial institutions
Prohibited Prohibited
Drive-through financial institutions Prohibited in T3 and
T3+
Prohibited
Equipment service, repair, and/or rental Prohibited
Junk yard Prohibited Prohibited Prohibited Prohibited
Lumber and/or contractor’s yard Prohibited Prohibited Prohibited Prohibited
Manufacturing / assembly from
previously prepared materials &
components
Prohibited
Mobile home, RV and/or boat sales,
repair & service
Prohibited
Motor freight terminal Prohibited Prohibited Prohibited Prohibited
Service Stations Prohibited
Transportation services Prohibited Prohibited Prohibited Prohibited
Warehousing & distribution Prohibited
Wholesale establishments Prohibited
Bottle redemption centers Prohibited
Outdoor storage in connection with any
permitted use, except for dumpsters
which must be reviewed for adequate
screening during the development
approval process
Prohibited
Uses that require regular (1 trip
weekday or greater) trips using 24,000
lb. vehicles
Prohibited in T3 and
T3+
Prohibited
ALL OTHER USES
(1) Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this subsection,
residential uses include dwelling units and any other form of permanent housing including but not limited
to group homes, residential care homes, congregate care, assisted living, continuum of care facilities, group
quarters, or hospices.
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C. Changes of Use. Changes of Use within the Form Based Code shall require site plan approval if:
(1) Changes are proposed to the Site Plan; or,
(2) Except within the T5 District, the change in use will result in an increase of 75 PM Peak Hour
Vehicle Trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as defined within
these regulations, whichever is greater.
8.10 Review Procedures
A. Site Plans and other applications. See Article 14, Site Plan.
B. Subdivisions. The applicable sections of Article 15 (set forth in Section 18.02) shall only apply to
subdivision review. Planned Unit Developments are not permitted within the Transect Zones and City
Center Form Based Code (FBC) District.
C. Development Review Board Review Authority. Notwithstanding other Articles of these
Regulations, any authority granted to the Development Review Board under this Article 8 shall remain
with the Development Review Board and shall not be delegated to Administrative Review. Any authority
granted to the Administrative Officer shall remain with the Administrative Officer except upon appeal of
the Administrative Officer’s decision.
8.11 Nonconformities
A. Purpose
The purpose of this section is to establish regulations and limitations on the continued existence of uses
and structures established prior to the effective date of this Code that do not conform to the provisions
of this Code. Nonconformities may continue, but the provisions of this Section are designed to limit
investment in nonconformities and to bring about their eventual elimination, where appropriate, in order
to preserve the integrity of the regulations established in this Code.
B. Nonconforming Uses
(1) Authority to Continue. Nonconforming uses may be continued provided the conditions in this
Section are met.
(2) Repair and Alterations. Repair and alterations, including structural alterations, may be
performed on any structure that is devoted in whole or in part to a nonconforming use, provided the
comply with the Code, including any limitations on any conforming structures.
(3) Extensions/Expansions
(a) A nonconforming shall not be extended, expanded, enlarged or increased in size,
footprint or coverage.
(b) No nonconforming use may be extended to displace a conforming use.
(4) Change in Use. A nonconforming use only may be changed to a use allowed in this applicable
Transect Zone. A nonconforming use may not be changed to another nonconforming use. A
nonconforming use that is changed to a conforming use may not revert back to any nonconforming
use.
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
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(a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant
building containing one or more nonconforming uses from utilizing a portion of the building for a
conforming use, provided there is no expansion or extension of a nonconforming use or uses as
part of such a change in use.
(5) Abandonment. See Section 3.11(G)
C. Nonconforming Structures
(1) Authority to Continue. Nonconforming structures may be continued provided conditions in
this Section are met.
(2) Repair and Alterations. Repair and alterations may be performed on any nonconforming
structure, provided they comply with the Code and with the following:
(a) When the total area of alterations to the primary building façade, or to the building façade
that is parallel to and oriented to the street, exceeds 35% of the total areas of such building
façade, the alterations shall comply with the Building Standards described in the BES applicable
to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this
subsection, window and window casing replacement, painting, adding or removal of siding, and
other similar changes shall not be considered in this total area of alterations calculation. For multi-
tenant buildings, the standard shall apply separately for each tenant area where that tenant gross
floor area exceeds 10,000 square feet.
(b) Repair and replacement of non-conforming exterior finish materials. Normal repair of
non-conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind
replacement of vinyl exterior finish materials with new vinyl finish materials shall also be
permitted. Replacement of any other type of exterior finish materials listed as prohibited in
Section 8.07 shall not be permitted.
(c) Structural alterations involving the replacement, relocation, removal, or other similar
changes to more than 50% of all load bearing wall / pillar elements of a building shall require
compliance with all standards within these Regulations.
(3) Damage to Nonconforming Structures. See Section 3.11 (F)
D. Extensions/Expansions
(1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be
altered, provided, however, that no enlargement, maintenance or alteration creates any additional
nonconformity or increases the degree of the existing nonconformity of all or any part of such
structure. See Figure 8-1.
(2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet
may be altered in a manner that increases the nonconformity by no more than the percentage of the
existing gross square footage listed below in Table 8-4. See Figure 8-1
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
Table 8-5 Extensions / Expansions
Structure Size <1,000 SF GFA 1,001 – 2,500
SF GFA
2,501 – 5,000
SF GFA
5,001 – 10,000
SF GFA
10,001 –
20,000 SF GFA
Percent
Permitted
75% 35% 30% 25% 10%
Example: a 20,000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side by a
maximum total of 2,000 sq. ft.)
E. Relocation
No nonconforming structure may be relocated in whole or in part to any other location on the same or
any other lot unless the structure and its location conform to these Regulations.
F. Open Space
(1) Purpose: To create a fair and equitable transition from the prior requirements for a maximum
lot coverage percentage to the new requirements for a minimum amount of Qualifying Open Space.
(2) Where any of the following apply, the applicant shall be required to obtain approval from the
Development Review Board or Administrative Officer for the identification of approvable open space
prior to any Land Development:
(a) A proposed addition to a non-conforming building exceeds 5,000 square feet GFA;
(b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area,
whichever is greater; or
(c) A portion of a lot developed with one or more building is proposed to be subdivided,.
(3) The identification shall be completed as follows:
(a) The applicant shall identify, on a plan, Qualifiable Open Space area(s) for the lot, or in the
case of a subdivision, lots, totaling no less than the minimum required percentage of Qualifying
open space listed in Table 8-1 (Open Space Requirements), based on the existing uses and
buildings on the lot(s);
(b) At the time of identification and approval, the applicant shall not be required to enhance
any Qualifiable open spaces to meet any of the additional requirements of Appendix F or to locate
any such Qualifying open space on-site, except:
(i) Where more than 50% of the Qualifiable Open Space consists of impervious areas,
the amount of such impervious open space that exceeds 50% shall be enhanced to full
compliance with Appendix F and such Qualifying Open Space shall be located on-site as
depicted on the plan;
(c) Any new buildings or expansions of existing buildings shall be required to comply with all
Open Space Requirements of Section 8.08 (Open Space Requirements); and,
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
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(d) An application to expand an existing building on a lot for which Qualifiable Open Space
has been identified and approved may meet its minimum Qualifying open space requirements in
Table 8-1 by enhancing the minimum required amount of the identified Qualifiable Open Space
to full compliance with Appendix F and locating that Qualifying Open Space on-site as depicted
on the plan.
(4) The identification of approvable open space shall be a one-time requirement. No further such
approval shall be required unless the applicant requests a modification of areas identified and
approved as Qualifiable Open Space.
Figure 8-1 Nonconformity Build-to Requirements
A. FRONT: ADDITION
Any addition to the front must move toward
build to zone. The addition does not have to
meet the frontage buildout.
A. FRONT: NEW BUILDING
A new building must be placed in the build to
zone until the frontage buildout has been met.
B. REAR: ADDITION
Rear additions are allowed because the
extension does not increase the degree of the
non-conformity.
B. REAR: NEW BUILDING
New Buildings located outside of the build-to
zone are not allowed until the frontage buildout
has been met.
Permitted
Permitted
Permitted
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
C. SIDE: ADDITION
Side additions are not allowed because
the extension increases the width of the
building not in the Build-to zone.
C. SIDE: NEW BUILDING
New Buildings located outside of the
build-to zone are not allowed until the
frontage buildout has been met.
D. SIDE: ADDITION ( Large Building) Side additions are not allowed because the extension increases the
width of the building not in the Build-to zone.
Permitted
Not Permitted
Not Permitted Not Permitted
Not Permitted
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
D. SIDE: ADDITION (Large Building) Add new connected street* and side additions are now allowed
because the new street establishes a new Build-to-Zone.
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
*New street shall be selected from the pre-determined FBC street types allowable in the site’s transect
designation and shall conform to block standards (block lengths).
E. Tiers
Permitted
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
South Burlington Land Development Regulations
Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing
and frequency of doors) , FBC open space standards and/or combination of the two. Surface
parking is not conforming.
Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or
open space standards*
* Large parcels: Parcels with street frontages greater than 300' may expand laterally the
percentage of the build out at Tier 1 in the same lateral location of the conforming build out.
Permitted
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1
South Burlington Land Development Regulations
8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards
(A) Purpose
Primary Building
Façade Requirements
Secondary Building
Façade Requirements
Supplemental
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size
(b)Lot Width
(2)Lot Occupation
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types
(a)Detached single family dwelling
(b)Two-family dwelling
(c )Multi-family housing
(d)Detached mixed-use storefront
(e)Cottage
(f)Accessory Structure
(g)Carriage House See note 5
(h)Small-Lot Multi Family dwelling See note 5
(2)Building Stories
(a)Principal
(b)Accessory
(3)Floor-to-Ceiling Height
(a)First story
(b)Upper Stories
(4)Build-to Zone See T3 & T3+ Figures
(a)Primary Build-to-Zone 5' Min., 20' Max.5' Min., 30' Max.
(b)Secondary Build-to-Zone 5' Min., 30' Max.5'. Min., 45' Max.
(c )Side Setback, Principal Structure 8' Min., No Max.8' Min., No Max.
(d)Rear Setback, Principal Structure 20' Min., No Max.not applicable
(e)Side Setback, Accessory Structure 8' Min., No Max.8' Min., No Max.
(f)Rear Setback, Accessory Structure 8' Min., No Max.not applicable
(g)Setback from rear of Principal Structure for any Accessory
Structures
10' Min., No Max.No closer to street
than Principal
Structure
(5)Frontage See T3 & T3+ Figures
(a)Frontage Buildout None None
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% Min., No Max.No Min., No Max.
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% Min., 25% Max.No Min., No Max.
(6)Entrances See Entrances Figure
(a)Frequency of Public Entrances, non-residential first story
use
(b)Maximum distance between Public Entrances, non-
residential first story use
(c )Frequency of Operable Entrances, residential first story use
Permitted
Permitted
1 per unit Min.
Not applicable
1 per unit Min., except as listed in Note 5
T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose
built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor
elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi-
family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are
encouraged. Parking (not including on-street parking) shall be away from the primary street.
T3 and T3+ BES Standard
1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+)
1 Max.
12' Max.
10' Max.
None
70' Min., 120' Max. [150' Max if Cottage
Court] (see note 3)
75% Max.
4 Units per acre Min.
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2
South Burlington Land Development Regulations
Primary Building
Façade Requirements
Secondary Building
Façade Requirements
SupplementalT3 and T3+ BES Standard
(d)Maximum distance between Operable Entrances,
residential first story use
(e)Frequency of Public Entrances on first story for non-
residential second story uses
(f )Frequency of Public Entrances on first story for upper
residential story use
(7)Glazing See Glazing Figures
(a)First Story Min. 30% of the
length of the building,
and Min. 3' in height
Min. 15% of the
length of the building,
and Min 3' in height
(b)First Story, percent of glazing required to be transparent 75% Min.75% Min.
(c )Upper Stories Min. 25% of the
length of the building,
and Min. 3' in height
Min. 12.5% of the
length of the building,
and Min 3' in height
(d)Upper Stories, percent of glazing required to be
transparent
75% Min.75% Min.
(8)Building Breaks See Bldg Breaks Figure
(a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36'
(b)Single Span of Horizontal Facade Without a Break 24' Max.36' Max.
(9)Garages
(a)
(b)
(c )
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules
(b)All homes in residential subdivision (unless in cottage court
configuration) shall face street
(c)Subdivisions will not be designed or laid out in a manner
that will result in placing the rear of homes next to streets.
(d)Primary facades of homes shall face the street
(e)Variation in building façade encouraged and blank walls
strongly discouraged
(f)To the extent possible, the narrow face of the building
should be oriented to the street
(D) Block and Street Standards
(1)Blocks See Section 8.04
(a)Perimeter
(b)Length See Note 3
(c )
(2)Street Types See Article 11
(a)Neighborhood Street
(b)Neighborhood Street Narrow
(c )Neighborhood Street / Bike Boulevard
(e)Support Street
(f)Market Street
not applicable
1 per upper story unit Min.
1 per 2 units (see notes 4 and 5)
Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the
primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building
Encouraged
Encouraged
Encouraged
Required
4,000' Max.
Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a
Principal Building shall be permitted.
Permitted, Qualifies as a Street
Required
Garage doors facing an alley are permitted and highly encouraged
Required
300' Min., 1,000' Max.
Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least
8' in width that connects to another street.
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3
South Burlington Land Development Regulations
Primary Building
Façade Requirements
Secondary Building
Façade Requirements
SupplementalT3 and T3+ BES Standard
(g)Lane
(h)Alley
(i)Path
(j)Pedestrian Pass
(k)All other streets
(3)Curb Cuts
(a)On Market Street
(b)All other streets
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit See Note 4
(2) Location & Screening
(a)
(b)
(c )
(d)
(e)
(f)
(g)
(h)
(F) Supplemental District Standards
(1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply:
(a) A buffer strip shall be required See Section 18.02(B)
(G) Streetscape Standards
(1)General Standards
(a)
(b)
(c )Proposed development shall comply with all requirement of Article 11
(2)Streetscape requirements
(a)Benches
(b)Bicycle Racks for at least 5 bikes
(c )Street Tree Spacing, on center
Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(a)
(3)
(4)Public and Operable Entrances for Upper Story Units:
(a)
(b)For corner units, the balcony shall be required along the Primary Street
(c )No units located entirely on the third story shall be permitted.
(5)
Permitted, Qualifies as a Street
Prohibited
Permitted Connection, Not a Street
Permitted Connection, Not a Street
New construction resulting in additional non-residential gross floor area or residential units shall meet T3
and T3+ Parking Standards
New parking is allowed in the side yard
Parking spaces may be leased from the city or a private landowner
70' Min. distance between curb cuts
3 Max.
Permitted Connection, Not a Street
400' Min. distance between curb cuts
Permitted on lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street
and are less than 1/2 acre in area. A single such lot may contain either one carriage house or one small-lot
multi-family dwelling
Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and
20% on secondary building facades.
New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
Parking under structures is encouraged
Parking shall only be permitted in compliance with applicable BES standards
Residential: all parking shall be located to the side or rear of buildings
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
Non-residential: all parking shall be on-site and located behind the Principal building
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout on the BES shall be
reduced by 50% on the street containing the secondary building facade.
50' Max. average
As determined by DPW
1 Min. per 300' frontage
All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio
For a lot or property to be developed or improved, lot width requirements shall be met.
Page 126
Carriage House Building Type
Description
Lot and building placement
Lot frontage Maximum 100'
Lot depth N/A
Lot area Maximum 1/2 acre
Units & Scale
Dwelling units Maximum of 2
Building footprint Maximum 60% of footprint of principal structure
Building area Maximum 60% of area of principal structure
Building Placement
Principal Building Principal building on lot must meet T3 Frontage requirements
Build‐to‐zone Front facade must be at or behind the rear of the principal
building
Rear setback Per T3 standards of principal buildings
Side setback Per T3 standards of principal buildings
Parking location Per T3 standards
Open Space Per T3 standards
Other Per T3 standards
Narrow‐Lot multi‐family building
Description
Lot and building placement
Lot frontage Maximum 100'
Lot depth N/A
Lot area Maximum 1/2 acre
Units & Scale
Dwelling units Maximum of 6
Frontage buildout Minimum 50%
A second building either attached to or detached from the primary house and commonly used for
storage of vehicles and household items. The carriage house may also be used for up to two
additional dwellings units.
Multi‐family building on a narrow lot. Front of building has a strong street presence and building
is oriented towards the street. Appearance of the building from the street is of a single‐family or
small multi‐family building. Additional units may be side or rear‐accessed, up to maximum
allowable.
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Building Placement
Build‐to‐zone Per T3 standards
Rear setback Per T3 standards
Side setback Per T3 standards
Parking location Garages shall not face street except if blocked from view by
building
Open Space Per T3 standards
Other
Front porch A covered front porch of at least 10' in width and 7' in depth is
required
Front doors At least one operable entry shall face the street
Other standards Per T3
Page 128
South Burlington Land Development Regulations
Page 129
432.01 No zoning permit shall be required to erect, enlarge or alter a fence six feet high or less in a distric t. However th e follo wing shall apply A. Fences six feet in height or less shall not be required to meet setback requireme for the district w here located; however, the fence must be erected a minimum of thr feet from the property line, must be kept structurally sound, and the finish face of fence must face the exterior boundary. W ith a zoning permit and a joint applicat between abutt ing property owners, fences less than six feet in height or less may erected with no set back from the property line and the finish face of the fence m face any direction. B. No fences over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection C. No fences are allowed in any City Right-Of-Way 432.02 No zoning permit s hall be requir ed to erect, e nlarge or alter a wall four feet high or less in a district. Walls over four feet high shall require a zoning permit and site plan review by Development Revie w Board. However the following shall a pply A. Walls fo ur feet in heig ht or le ss sha ll not b e required to meet setback requirements the district where located; however, the wall must be erected a minimum of three f from the property line and must be kept structurally sound. W ith a zoning permit a a joint a pplication between abutting property owners, walls less than four feet in hei or less may be erecte d with no set back fr om the property line. B. Walls shall be designed and located so as to not adversely affect the existing draina pattern on any other property. C. No wall over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. D. No wall s are a llowed in any City Right-Of- Way 432.03 No zoning permit shall be required for hedges. However the following shall apply A. No hedge over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. B. No hedges are allowed in any City Right- Of-Way
South Burlington Land Development Regulations Page 130
Lot Width- Refer to Section
8.12.B.1.a and b
Side Setback- Refer to
Section 8.12.C.4.c, e
Side Setback- Refer to
Section 8.12.C.4.c, e
Primary Build to Zone- Refer to
Section 8.12.C.4.a
Garages- Refer to
Section8.12.C.9.a ,b
Side Setback (If Corner Lot)\Rear Setback (If Interior Lot):
Accessory Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.f
Side Setback (If Corner Lot)\Rear Setback (If Interior Lot):
Principal Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.d
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BUILDING ENVELOPE STANDARDS
Primary Build to Zone-
Refer to Section 8.12.C.4.a
Primary Build to Zone-
Refer to Section 8.12.C.4.a
Secondary Build to Zone - Refer to
Section 8.12.C.4.b
Lot Width- Refer to Section
8.12.B.1.a, b
Building Standards: Stories- Refer to
Section 8.12.C.2.a,b
Building Standards: Heights- Refer to
Section 8.12.C.3.a,b
Street Types - Refer to Article 11
South Burlington Land Development Regulations Page 131
T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE
LOT FRONTAGE STANDARDS
Building L
ot
Building Lot
Building Standards: Frontage-
Refer to Section 8.12.C.5.a-c
Primary Build to Zone
Secondary Build to Zone
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-1
South Burlington Land Development Regulations
8.13 T-4 Urban Multi-Use Building Envelope Standards
(A) Purpose
Primary Building
Façade Requirements
Secondary Building
Façade
Requirements
Supplemental
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size
(b)Lot Width
(2)Lot Occupation
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types
(a)All Types
(2)Building Stories
(a)Principal
(b)Accessory
(3)Floor-to-Floor Height
(a)First story
(b)Upper Stories
(4)Build-to-Zone See T4 Figures
(a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max.See note 3
(b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.See note 3
(5)Frontage See T4 Figures
(a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1)See note 3
(b)Frontage Buildout , Secondary Streets 70% Min. within 80' of
Primary Street, 50%
Min. elsewhere
70% Min. within 80'
of Primary Street,
50% Min. elsewhere
(Note 1)
See note 3
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% Min.100% Max.See note 3
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% Min., 25% Max.100% Max.See note 3
(6)Entrances See Entrances Figure
(a)Average frequency of Public Entrances, non-residential first
story use
36' Max.54' Max.See note 3
(b)Maximum distance between Public Entrances, non-
residential first story use
46' Max.72' Max.See note 3
(c )Average Frequency of Operable Entrances, residential first
story use
36' Max.54' Max.See note 3
(d)Maximum distance between Operable Entrances,
residential first story use
46' Max.72' Max.See note 3
(7)Glazing See Glazing Figure
(a)First Story Min. 40% of the
Width of the Building,
and Min. 7.5' in
Height
Min. 20% of the
Width of the
Building, and Min 7.5'
in Height
(b)First Story, percent of glazing required to be transparent 75% Min.75% Min.
(c )Upper Stories
(d)Upper Stories, percent of glazing required to be
transparent
T4 BES Standard
Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s).
Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of
freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism.
Parking (not including on-street parking) shall be away (or hidden) from the street.
None
None
None
Permitted
2 Min., 5 Max.
1 Max.
24' Max.
None
14' Max
See Note 2
See Note 2
Page 133
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-2
South Burlington Land Development Regulations
Primary Building
Façade Requirements
Secondary Building
Façade
Requirements
SupplementalT4 BES Standard
(8)
Building Breaks See Bldg Breaks Figure
(a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'
(b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max.
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules
(D) Block and Street Standards
(1)Blocks See Section 8.04
(a)Perimeter See note 3
(b)Length See note 3
(2)Street & Connection Types See Article 11
(a)Neighborhood Street Narrow
(b )Neighborhood Street
(c)Private commercial way
(d)Support Street
(e)Commercial Street
(f)Avenue
(g)Commercial Boulevard
(h)Destination Street
(i)Market Street and Garden Street
(j)Path
(k)Pedestrian Pass
(l)Alley
(m) All other street types
(4)Curb Cuts (not including street intersections)
(a)On Market Street
(b) On Garden Street
(b)All other streets
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit
(2) Location & Screening
(a)
(b)
(c )
(d)
(e )
(f)
(3) Off-Site Parking
(F) Supplemental District Standards
(1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply:
(a) A buffer strip shall be required See Section 8.06(E)
(b)
(c )
(d)
2,800' Max.
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses.
Parking shall only be permitted in compliance with applicable BES standards for building frontage
Permitted, Qualifies as a Street
Permitted Connection, Not a Street
Prohibited
The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building
line; and,
The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear
building line.
New construction resulting in additional non-residential gross floor area or residential units shall meet T-
4 Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landownerNew parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
Parking under structures is encouraged
2 spaces Max.
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
300' Min., 700' Max.
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Encouraged
No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall
exceed four (4) stories in height.
Permitted, Qualifies as a Street
(a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses.
400' Min. distance between curb cuts
400' Min. distance between curb cuts
Permitted, Qualifies as a Street
100' Min. distance between curb cuts
Permitted Connection, Not a Street
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Page 134
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-3
South Burlington Land Development Regulations
Primary Building
Façade Requirements
Secondary Building
Façade
Requirements
SupplementalT4 BES Standard
(e)
(f )
(2)
(a)
(b)
(c)
(d)
(e)Such building shall comply with all other provisions of these Regulations.
(3)
(a)
(b)
(4)
(5)
(G) Streetscape Standards
(1)General Standards
(a)
(b)
(c )
(d)Proposed development shall comply with all requirement of Article 11
(2)Streetscape requirements
(a)Benches
(b)Bicycle Parking
(c )Street Tree Spacing, on center
Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
All streetscape features must be consistent within a project and be compatible with adjacent features
erected following adoption of this Code.
Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories;
Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance
between entries of 60'; and,
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if
each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at
least 7 inches wide.
Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or
glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a
minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the
building façade facing said street.
Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count
towards Frontage Buildout requirements.
Permitted
May be used to meet short-term
requirements of 13.14
50' Max. average
(a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the
primary building facade and 20% on secondary building facades.
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout on the BES shall be
reduced by 50% on the street containing the secondary building facade.
Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet;
Such building shall have a maximum footprint of 3,500 square feet; and,
Such building shall comply with all other provisions of these Regulations.
No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction
from any existing single-story building approved under this subsection;
Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop
structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet
(12’) from the primary and secondary building facades.
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to
the following requirements:
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum
of 3 inches, except for bay windows and storefronts.
Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to
the following requirements:
Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one
or more significant architctural features, such as but not limited to, vertical projections, changes in materials,
top-story open spaces, and/or first-floor prominent features.
(b) 80% of glazing on upper stories shall be taller than wide
Page 135
Street Types - Refer to Article 11
T4 URBAN MULTI USE
BUILDING ENVELOPE STANDARDS
Primary Building Facade: Primary Build
to Zone - Refer to Section 8.13.C.4.a
Secondary Building Facade: Primary Build to
Zone - Refer to Section 8.13.C.4.a
Secondary Building Facade: Secondary Build
to Zone - Refer to Section 8.13.C.4.b
Primary Building Facade: Secondary Build
to Zone - Refer to Section 8.13.C.4.b
Building Lot
Building Lot
Glazing, Building Break and
Entrance Standards-see
separate drawings
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T4 URBAN MULTI USE
LOT FRONTAGE STANDARDS
Building LotBuilding LotBuilding LotBuilding LotBuilding Standards: Primary Facade
Frontage- Refer to Section 8.13.C.5.a-c
Building Standards: Secondary Facade
Frontage- Refer to Section 8.13.C.5.a-c
Primary Facade: Primary
Build to Zone
Secondary Facade:
Primary Build to Zone
Primary Facade: Secondary
Build to Zone
Secondary Facade:
Secondary Build to Zone
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-1
South Burlington Land Development Regulations
8.14 T-5 Building Envelope Standards
(A) Purpose
Primary Building
Façade Requirements
Secondary Building
Façade Requirements
Supplemental
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size
(b)Lot Width
(2)Lot Occupation
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types
(a)All Types
(2)Building Stories
(a)Principal
(b)Accessory
(3)Floor-to-Floor Height
(a)First story
(b)Upper Stories
(4)Build-to-Zone See T5 Figures
(a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max.
(b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.
(5)Frontage See T5 Figures
(a)Frontage Buildout 85% Min.85% Min. (Note 1)
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% Min.50% Min.
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% Min., 25% Max.50% Max.
(6)Entrances See Entrances Figure
(a)Average frequency of Public Entrances, non-residential
first story use
30' Max.45' Max.
(b)Maximum distance between Public Entrances, non-
residential first story use
40' Max.60' Max.
(c )Average Frequency of Operable Entrances, residential first
story use
(d)Maximum distance between Operable Entrances,
residential first story use
(7)Glazing See Glazing Figure
(a)First Story Min. 80% of the
Width of the Building,
and Min. 7.5' in
Height
Min. 40% of the Width
of the Building, and
Min 7.5' in Height
(b)First Story, percent of glazing required to be transparent 75% Min.75% Min.
(c )Upper Stories
(d)Upper Stories, percent of glazing required to be
transparent
(8)Building Breaks See Note 3 & Bldg
Breaks Figure
Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown,
multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses
permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street.
None
None
None
None
T5 BES Standard
Permitted
2 Min., 6 Max.
14' Min., 20' Max.
10' Min., 14' Max.
not applicable
not applicable
See Note 2
See Note 2
1 Max.
Page 138
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-2
South Burlington Land Development Regulations
Primary Building
Façade Requirements
Secondary Building
Façade Requirements
SupplementalT5 BES Standard
(a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'
(b)Single Span of Horizontal Facade Without a Break Recommend every 24-
48 feet; 60' Max.
Recommend every 24-
48 feet; 60' Max.
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules
(D) Block and Street Standards
(1)Blocks See Section 8.04
(a)Perimeter
(b)Length
(2)Street and Connection types See Article 11
(a)Destination Street
(b)Support Street
(c )Neighborhood Street Narrow
(d)Market Street & Garden Street
(e)Path
(f)Alley
(b)Pedestrian Pass
(h)All other street types
(3)Curb Cuts
(a)On Market Street
(b) On Garden Street
(c)All other streets
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit
(2) Location & Screening
(a)
(b)
(c )
(d)
(e)
(f)
(g)
(3) Off-Site Parking
(F) Supplemental District Standards
(1)Upper Story setbacks
(a)
(b)
(G) Streetscape Standards
(1)General Standards
(a)
(b)
2 spaces Max.
Encouraged
Prohibited
Prohibited
Prohibited
100' Min. distance between curb cuts
Parking under structures is encouraged
Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
New construction resulting in additional non-residential gross floor area or residential units shall meet T-5
Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landowner
No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft.
(a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses.
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses.
(c) Shared parking may be used to meet parking requirements (See Article 13).
All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the
primary and secondary building facades.
All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all
Alleys.
All streetscape features must be consistent within a project and be compatible with adjacent features
erected following adoption of this Code.
Permitted Connection, Not a Street
Permitted Connection, Not a Street
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
1,600' Max.
400' Max.
Page 139
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-3
South Burlington Land Development Regulations
Primary Building
Façade Requirements
Secondary Building
Façade Requirements
SupplementalT5 BES Standard
(c )
(d)Proposed development shall comply with all requirement of Article 11
(2)Streetscape requirements
(a)Benches
(b)Bicycle Parking
(c )Street Tree Spacing, on center
Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum
of 3 inches, except for bay windows and storefronts.
(e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding
bay windows and storefronts).
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
Permitted
May be used to meet short-term
requirements of 13.14
30' Max. average
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout in the BES shall be
reduced by 50% on the street containing the secondary building facade.
(a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary
building facade and 20% on secondary building facades.
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if
each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least
7 inches wide.
Page 140
Secondary Building Facade:
Primary Build to Zone-
Refer to Section 8.14.C.4.a
T5 CITY CENTER
BUILDING ENVELOPE STANDARDS
Primary Building Facade: Primary Build
to Zone - Refer to Section 8.14.C.4.a
Secondary Building Facade:
Secondary Build to Zone -
Refer to Section 8.14.C.4.b
Primary Building Facade: Secondary Build
to Zone - Refer to Section 8.14.C.4.b
Building Lot
Building Lot
Building Standards: 6th Story Setback -
Refer to Section 8.14.F.1.b Building Standards: Upper
Stories Setback - Refer to
Section 8.14.F.1.a
Street Types - Refer to Article 11
Glazing, Building Break and Entrance
Standards-see separate drawings
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T5 CITY CENTER
LOT FRONTAGE STANDARDS
Building L
ot
Building L
ot
Building L
ot
Building L
ot Building LotBuilding Standards: Primary Facade
Frontage- Refer to Section 8.14.C.5.a-c
Building Standards: Secondary Facade
Frontage- Refer to Section 8.14.C.5.a-c
Primary Facade: Primary
Build to Zone
Secondary Facade:
Primary Build to Zone
Primary Facade: Secondary
Build to Zone Secondary Facade:
Secondary Build to Zone
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ENTRANCE STANDARDS
Residential Entrances T4: -
Refer to Article 8.13.C.6.c,d
Public Entrances T4 and T5: - Refer to
Article 8.13.C.6.a, Article 8.14.C.6.a
Public Entrances T4 and T5: - Refer to
Article 8.13.C.6.b, Article 8.14.C.6.b
Building Heights T4 and T5: - Refer to
Article 8.13.C.3.b, Article 8.14.C.3.b
Building Stories T4 and T5: - Refer to
Article 8.13.C.3.a, Article 8.14.C.3.a
South Burlington Land Development Regulations Page 143
GLAZING STANDARDS BUILDING BREAKS
Glazing T4 and T5: - Refer to Article 8.13.
NOTES.2.a-e, Article 8.14.NOTES.2.a-e
Building Horizontal FacadeT3,
T4 and T5: - Refer to Article
8.12.C.8.a, Article 8.13.C.8.a,
Article 8.14.C.8.a
Material Change
Vertical Plane Shift
Horizontal Plane Shift
Single Span Horizontal
FacadeT3, T4 and T5: Refer
to Article 8.12.C.8.b, Article
8.13.C.8.b, Article 8.14.C.8.b
Rooftop Requirements: -
Refer to Article 8.06.G.1-2
Glazing T4 and T5: - Refer to Article
8.13.C.7.a, Article 8.14.C.7.a
South Burlington Land Development Regulations Page 144
ARTICLE 8 TRANSECT ZONE STREET TYPOLOGIES
South Burlington Land Development Regulations
8.15 City Center FBC Master Plan Review and Approval [Reserved]
8.16– 8.18 [Reserved]
Page 145
ARTICLE 9 SOUTHEAST QUADRANT
South Burlington Land Development Regulations
9 SOUTHEAST QUADRANT - SEQ
9.01 Purpose
9.02 Comprehensive Plan
9.03 Uses
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
9.05 Residential Density
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
9.07 Regulating Plans
9.08 SEQ-NRT SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards
9.09 SEQ-VR Sub-District; Specific Standards
9.10 SEQ-VC Sub-District; Specific Regulations
9.11 Supplemental Standards for Arterial and Collector Streets
9.12 SEQ-NRP; Supplemental Regulations
9.13 SEQ Review and Approval Process
9.01 Purpose
A Southeast Quadrant (SEQ) District is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agriculture, and well-planned
residential use in the approximately 3,200-acre area of the City shown on the Official Zoning Map as the
Southeast Quadrant. The natural features, visual character and scenic views offered in this area have long
been recognized as very special and unique resources in the City and worthy of protection. The design and
layout of buildings and lots in a manner that in the judgment of the Development Review Board will best
create neighborhoods and a related network of open spaces consistent with the Comprehensive Plan for the
Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited, except
those which are allowed as conditional uses.
9.02 Comprehensive Plan
These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive
Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In the
event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan,
the Southeast Quadrant chapter shall control.
9.03 Uses
In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of
Uses.
Page 146
ARTICLE 9 SOUTHEAST QUADRANT
South Burlington Land Development Regulations
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
A. The SEQ District is divided into six sub-districts:
(1) SEQ-NRP SEQ – Natural Resource Protection
(2) SEQ-NRT SEQ – Neighborhood Residential Transition
(3) SEQ-NR SEQ – Neighborhood Residential
(4) SEQ-NRN SEQ – Neighborhood Residential North
(5) SEQ-VR SEQ – Village Residential
(6) SEQ-VC SEQ – Village Commercial
B. These sub-districts are shown on the map entitled Southeast Quadrant Zoning Map, incorporated into
this bylaw.
C. Interpretation of Sub-District Boundaries.
In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the
Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the Planning
Commission define the location of the boundary with respect to the subject property. The Planning
Commission shall consider such request at a meeting of the Planning Commission held within 60 days of
receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for
persons, including municipal staff, officials, and consultants, to present information relevant to the
determination of the boundary location. The Planning Commission has the authority to invoke technical
review of any such submittals or to gain additional information. Within 30 days following such meeting, or any
continuation thereof, the Planning Commission shall determine the boundary location, giving consideration
to the original intent or purpose in designating such sub-district, as expressed in the Southeast Quadrant
chapter of the Comprehensive Plan.
9.05 Transfer of Development Rights and Residential Density
The planned maximum residential build-out in the SEQ District has long been limited to approximately 3,800
dwelling units, plus an allowance for affordable housing density bonuses. In order to maintain this limitation
on the overall development of the SEQ District and to encourage both well-planned residential development
in clusters and the preservation or protection of open space, natural resources, scenic views and agricultural
uses, the Transfer of Development Rights is hereby authorized within the SEQ District.
A. Sending and Receiving Areas
(1) Lands within the SEQ-NR, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts are designated as receiving
areas.
(2) Lands within the SEQ-NRP sub-district are designated as sending areas.
(3) Lands within the SEQ-NRT sub-district area designated both as sending areas and receiving areas.
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B. Assigned Density: For the purposes of the Transfer of Development Rights, all land in the SEQ District
is provided an Assigned Density based on the maximum residential build-out of the SEQ District. The maximum
assigned density of a parcel shall be one point two (1.2) dwelling units and/or lots per gross acre.
(1) SEQ-VC: Lots in the SEQ-VC sub-district that were in existence as of the effective date of this
Article and that are two acres or less in size shall be allowed an assigned residential density of four (4)
dwelling units to the acre.
C. Allowable Density for Development that does not Include a Transfer of Development Rights: If a
PUD does not Transferrable Development Rights, the number of dwelling units that may be developed, or the
number of single family house lots that may be created, in the PUD shall not exceed an average density and a
maximum number of units per structure as follows:
(1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2) In the SEQ-NRT, SEQ-NR, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling unts to
the acre and four (4) dwelling units per structure.
(3) In the SEQ-VC Subdistrict:
(a) For lots that were in existence as of the effective date of this Article and that are two acres or
less in size: four (4) dwelling units per acre
(b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units per
structure.
D. Allowable Density for Development that Includes a Transfer of Development Rights
If a PUD uses Transferrable Development Rights, the number of dwelling units that may be located on, or the
number of single-family house lots that may be created within, a contiguous development parcel subject to a
single PUD or Master Plan approval shall be increased to a maximum average density as follows:
(1) In the SEQ-NRT and SEQ-NR sub-districts: Four (4) dwelling units to the acre and four (4) dwelling
units per structure.
(2) In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre and four (4)
dwelling units per structure.
(3) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6) dwelling
units per structure.
Such average densities may be achieved only as part of a Planned Unit Development application.
Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater number
of dwelling units than those permitted in these Regulations, such approved number of units in a structure
shall remain in effect.
E. Development Rights Necessary to Obtain Density Increase
To obtain the increased density allowable in a receiving area, transferrable development rights must be
acquired from 0.83 acres of land in a sending area for each additional dwelling unit approved for development
on the receiving parcel beyond the maximum average density that would be allowable on that parcel if the
PUD did not use transferrable development rights.
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F. Affordable Housing Density Increase.
(1) Affordable housing bonuses pursuant to Section 18.02 are allowed in the SEQ-NR, SEQ-NRN, SEQ-
NRT, SEQ-VR, and SEQ-VC sub-districts. If affordable housing, as defined in Article 2 and regulated in
Article 18 of these Regulations, is proposed as part of an application for development, the Development
Review Board may grant a density increase in any of the eligible SEQ sub-districts according to the
requirements of Section 18.02.
(2) Calculation of the allowed density increase (i.e. 25% or 50% per Section 18.02) shall be based on
the maximum allowable overall density of the project as a whole, including non-contiguous sending
parcels where applicable. If a development plan is approved by the Development Review Board, the
applicable average density may be increased on the development parcel sufficient to accommodate the
affordable housing units.
(3) In the SEQ-VR and SEQ-VC sub-districts, the Development Review Board may allow residential
structures containing one or more affordable dwelling units to have two additional dwelling units, up to
a maximum of eight (8) dwelling units per structure. This provision shall not be interpreted to allow an
increase in the total allowable number of units for the project as a whole.
(4) When an affordable housing density increase is granted in accordance with this Section and
Section 18.02, the designated affordable dwelling units shall not constitute units for the purposes of
calculation of Transferable Development Rights.
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
The following standards shall apply to development and improvements within the entire Southeast Quadrant
Zoning District.
A. Height. See Article 3.07.
(1) Heights of structures within the SEQ-NRN sub-district shall adhere to the standards of the SEQ-
NR sub-district except where limited by the requirements in Section 9.08.(C)(8).
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels, creating or enhancing stream buffer
areas, or creating or enhancing buffers for primary or secondary natural communities.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub-district, allowing carefully planned development at the average
densities provided in this bylaw.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall
be established by the applicant. Such plan shall describe the intended use and maintenance of each area.
Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and
maintenance is encouraged. Existing natural resources on each site shall be protected through the
development plan, including (but not limited to) primary natural communities, streams, wetlands,
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floodplains, conservation areas shown in the Comprehensive Plan, and special natural and/or geologic
features such as mature forests, headwaters areas, and prominent ridges. In making this finding the
Development Review Board shall use the provisions of Article 12 of this bylaw related to wetlands and
stream buffers.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties. In making this finding, the Development Review Board may rely
on evidence that the project will be covered under the General Permit for Construction issued by the
Vermont Department of Environmental Conservation.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible with the
surrounding landscape. The use of split rail or other fencing made of natural materials is encouraged.
Chain link fencing shall be prohibited except:
(a) fencing for agricultural purposes, and
(b) fencing for recreational purposes, such as baseball diamonds, tennis courts, basketball courts,
dog parks, or similar activities. Any chain link fencing installed for these purposes shall be plastic
coated in either dark green or black.
In all cases, proposed fences shall comply with this section and section 13.17 (Fences) of these
Regulations
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans that
create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any
soil group) such as but not limited to community-supported agriculture. Provisions that enhance overall
neighborhood and natural resource values rather than preservation of specific soil types are strongly
encouraged.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board
that an alternative location and/or provision is approved for a specific development, the location of buildings,
lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official
Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a City water
allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the
Department of Environmental Conservation.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be
designed in a manner that is compatible with the extension of such services and infrastructure to adjacent
properties.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent
with City utility plans and maintenance standards, absent a specific agreement with the applicant related
to maintenance that has been approved by the City Council.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection
can be provided, with the standards for evaluation including, but not limited to, minimum distance
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between structures, street width, vehicular access from two directions where possible, looping of water
lines, water flow and pressure, and number and location of hydrants.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for
pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between
neighborhoods. . In making this finding the Development Review Board may rely on the findings of a traffic
study submitted by the applicant, and the findings of any technical review by City staff or consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance
standards, absent a specific agreement with the applicant related to maintenance that has been approved
by the City Council.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
9.07 Regulating Plans
A. Description and Regulatory Effect. The regulatory text of this Article is supplemented with
illustrations, officially known as the Regulating Plan, illustrating the dimensional and design concepts. The
Regulating Plan contains basic land planning and neighborhood design criteria that are intended to foster
attractive and walkable neighborhood development patterns. Design criteria and guidelines set forth below
are intended to address basic neighborhood design relationships related to scale, connectivity, and overall
orientation that promote pedestrian friendly development as follows in Section 9.07(C).
The Regulating Plan is an illustrative guide; it does not have the same force of regulation as does the text in
this bylaw. However, the Development Review Board will refer to both the Regulating Plan and the text of this
section in its project reviews.
B. General Provisions
(1) The Regulating Plan shall apply to new development within the SEQ-NRT, SEQ-NR, SEQ-NRN, SEQ-
VR and SEQ-VC sub-districts.
(2) All residential lots created on or after the effective date of this bylaw in any SEQ sub-district shall
conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5
recommended.
(3) For lots and/or structures with approvals prior to the effective date of this bylaw, the Regulating
Plan shall not supersede such approvals, Table C-1, Permitted and Conditional Uses, or Table C-2,
Dimensional Standards.
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C. Street, Block and Lot Patterns
(1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are
intended to provide pedestrian-scaled development patterns and an interconnected system of streets
that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips.
(2) Street Design: The intention of street design criteria is to provide a system of attractive,
pedestrian-oriented streets that encourage slower speeds, maximize connections between and within
neighborhoods, and contribute to neighborhood livability.
(3) Building Design: The intention of the building design guidelines is to ensure that new housing and
commercial development reinforce a pedestrian-friendly environment, while allowing creativity in design.
D. Parks Design and Development.
(1) General standards. The SEQ has an existing large community park, the Dorset Street Park
Complex. Parks in the SEQ may be programmed as neighborhood parks or mini-parks as defined in the
Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with
programming approved by the South Burlington Recreation Department. Such parks are to be located
through the neighborhoods in order to provide a car-free destination for children and adults alike, and to
enhance each neighborhood’s quality of life. They shall be knitted into the neighborhood fabric as a focal
point in the neighborhood, to add vitality and allow for greater surveillance by surrounding homes, local
streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and there should be a park
within a quarter-mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-NRT,
SEQ-NR, SEQ-NRN, SEQ-VR, and SEQ-VC sub-districts:
(a) Distribution and Amount of Parks:
(i) A range of parks and open space should be distributed through the SEQ to meet a variety
of needs including children’s play, passive enjoyment of the outdoors, and active recreation.
(ii) Parks should serve as the focus for neighborhoods and be located at the heart of
residential areas, served by public streets and fronted by development.
(iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program.
(iv) A neighborhood or mini park of 10,000 square feet or more should be provided within a
one-quarter mile walk of every home not so served by an existing City park or other publicly-
owned developed recreation area.
(b) Dedication of Parks and Open Space: Parks and protected open space must be approved by
City Council for public ownership or management, or maintained permanently by a homeowners’
association in a form acceptable to the City Attorney.
(c) Design Guidelines
(i) Parks should be fronted by homes and/or retail development in order to make them
sociable, safe and attractive places.
(ii) Parks should be located along prominent pedestrian and bicycle connections.
(iii) To the extent feasible, single-loaded roads should be utilized adjacent to natural open
spaces to define a clear transition between the private and public realm, and to reinforce
dedicated open space as a natural resource and not extended yard areas.
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Figure 9-1: Conceptual Distribution of Parks within 1/4 Mile of Homes.
9.08 SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards
The SEQ-NR, SEQ-NRN, and SEQ-NRT sub-districts have additional dimensional and design requirements, as
enumerated in this Section.
A. Street, block and lot pattern.
(1) Development blocks. Development block lengths should range between 300 and 500 linear feet.
If it is unavoidable, blocks 500 feet or longer must include mid-block public sidewalk or recreation path
connections.
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Figure 9-2: Typical SEQ-NR, SEQ-NRN, and SEQ-NRT Block Size and Lot Proportion
(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 500 feet.
(b) Dead end streets (e.g. cul de sac or hammer-head) that are not constructed to an adjacent
parcel to allow for a future connection are strongly discouraged. Such dead end streets shall not
exceed 200 feet in length.
( 3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to
1:5 recommended.
Figure 9-3: Interconnected Street Pattern with Future Street Connections to Adjoining Property.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) are intended to
be low-speed streets for local use that discourage through movement and are safe for pedestrians and
bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-2, and
Figures 9-4 and 9-5 below.
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(2) Sidewalks.
(a) Sidewalks must be a minimum of five feet in width with an additional minimum five-foot
planting strip (greenspace) separating the sidewalk from the street.
(b) Sidewalks are required on one side of the street.
(3) Street Trees
(a) Street trees are required along all streets in a planting strip a minimum of five feet wide.
(b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City
Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall
be planted no greater than thirty feet (30’) on center.
(4) On-street parking. Sufficient space for one lane of on-street parking shall be provided on all
streets except for arterials outside of the SEQ-VC and SEQ-VR sub-districts. This requirement may be
waived within the SEQ-NRN sub-district provided the DRB finds sufficient off-street parking has been
provided to accommodate the parking needs of the uses adjacent to the street.
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and
to slow traffic.
(6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided
sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
should be consistent with the lower-intensity development patterns and character of the SEQ, with lower,
smoother levels of illumination (rather than hot-spots) and light trespass minimized to the lowest level
consistent with public safety.
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Figure 9-4: Pavement Dimensions: Collector Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Table 9-1: Street Design Criteria for Collector Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Design Speed 25 mph
Pavement width (parking one side) 28’
at wetland crossings 20’
Minimum radius of curves 260’
Minimum tangent length between curves 50’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
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Figure 9-5: Pavement Dimensions: Local Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
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Table 9-2: Street Design Criteria for Local Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Design Speed 25 mph
Pavement width (parking one side) 26’
With no parking 24’
With no parking, SEQ-NRN 20’
at wetland crossings 18’
Minimum radius of curves (1) 200’
Minimum tangent length between curves 50’
Minimum distance between centerline offsets 150’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
(1) In the SEQ-NRN sub-district, the minimum curve radius shall be determined based on recommendation of the Fire
Department and Department of Public Works
Figure 9-6: Conceptual Intersection Design
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11). A
minimum of thirty-five percent (35%) of translucent windows and surfaces should be oriented to the
south. In the SEQ-NRN sub-district, residential buildings should orient their rooflines to maximize solar
gain potential, to the extent possible within the context of the overall standards of the regulating plan.
(2) Building Façades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private
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space and are oriented to the street are encouraged. In the SEQ-NRN sub-district, residential buildings
with rear facades that orient towards a public recreation path should employ rear porches, balconies, or
other features to enhance their architectural detail.
(3) Front Building Setbacks. A close relationship between the building and the street is critical to the
ambiance of the street environment.
(a) Buildings should be set back a maximum of twenty-five feet (25’) from the back of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks.
(4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line,
the facade of the garage that includes the vehicle entrance must be set back a minimum of eight feet (8’)
behind the building line of the single or two-family dwelling.
(a) For the purposes of this subsection: (i) The building width of a single or two-family dwelling, not including the garage, shall be no
less than twelve feet (12’), except for a duplex with side-by-side primary entries, in which case
the building width of each dwelling unit in the duplex, not including a garage, shall be no less than
eight feet (8’)
(ii) The portion of the single or two-family dwelling that is nearest the front lot line may be a
covered, usable porch, so long as the porch is no less than eight feet (8’) wide.
(b) The DRB may waive this provision for garages with vehicle entries facing a side lot line,
provided that (i) the garage is visually integrated into the single or two-family dwelling; and (ii) the
façade of the garage that is oriented to the street is no more than eight feet (8’) in front of the façade
of the house that is oriented to the street.
(c) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses.
Figure 9-7: Residential Garage Placement Options
(d) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
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blocks, along the street and within neighborhoods rather than compartmentalized into sections of
near-identical units.
(i) Mix of Housing Styles, SEQ-NRN sub-district. A minimum of at least three (3) housing
styles (i.e. ranch, cape cod, colonial, etc.), sizes, and/or affordability is required within
neighborhoods and developments. These should be mixed within blocks, along the street and
within neighborhoods rather than compartmentalized into sections of near-identical housing
styles. Where housing styles are repeated, different colors and/or materials shall be employed to
enhance variety.
D. Landscape and Fence Buffer Standards, SEQ-NRN sub-district
(1) Applicability and submission requirements. This section provides standards for the landscaping
of development within the SEQ-NRN sub-district. A landscape plan shall be included as part of any
preliminary and/or final plat application.
(2) Existing Vegetation
(a) Existing vegetation that can effectively serve as landscape buffer to potentially incompatible
uses and/or are significant, heathy trees shall be retained to the maximum extent possible, while
accommodating the permitted level of development.
(b) Landscaped Buffers
(i) Location - Table 9-2A establishes the required locations and lengths of landscaped
buffers. It also summarizes the principal standards for the design of those buffers, which are set
forth in detail below. These buffers are alternatives, not cumulative.
(ii) Width – Table 9-2A establishes a minimum width for landscaped buffers of different types
in different situations to be located between a property line that is adjacent to an identified
“Adjoining Use” and the nearest principal structures.
(3) Landscape Buffer Types
(a) Type 0 – Low Height Vegetation. A Type 0 landscaping typically includes grass or meadow
area with foundation screening at the buildings. This type of buffer is intended to provide separation
between new buildings and the existing land uses.
(b) Type I - Dense Plantings. A Type I landscaped buffer must be composed primarily of
continuous dense screening vegetation / hedge that will be at least five (5) feet in width and grow
to at least six (6) feet in height.
(c) Type II – Informal Plantings. A Type II landscaped buffer must be composed of a split rail
fence (or equivalent approved by the DRB), major trees, a partial understory of small trees, and a
berm with a mixture of shrub type plantings. The minimum amount of planting per 100 horizontal
feet of buffer shall be a full ground cover, two trees of at least 3” caliper, three ornamental or
understory trees of at least 2” caliper, and any combination of shrubbery that occupies at least 50%
of the area at the time of planting, all of which shall be distributed throughout the minimum buffer
width described in Table 9-2A. With approval of the City Council, up to 10 feet of the green space
between a recreation path and a property line may be used to enable the installation of the split rail
fence and a portion of a berm.
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(4) Use of Berms. Earthen Berms. An earthen berm may be required to increase the effectiveness of
a landscaped buffer. The landscaping plan shall show the contours of the proposed berm and one or
more cross-sections detailing its construction. The required buffer width may be reduced by the height
of the berm, up to a number of feet that shall not exceed 25% of the required width, as provided in Table
9-2A.
(a) Berms shall not exceed six feet (6’) in height.
(b) No berm shall have a slope greater than 3:1, except where a retaining wall is used in
accordance with these Regulations.
(5) Delineation Fences. Any development proposed adjacent to a City park shall include a fence
delineating the separation of property lines, as depicted on Figure 9-2A. Such fence shall be of a split-rail
or similar variety.
(6) Permissible impervious surfaces in landscaped buffers.
(a) Crossings. Landscaped buffers may be crossed by driveways, roads, sidewalks, trails, and
utility lines, including necessary risers and boxes, serving the development. The width of these
crossings should be minimized.
(b) Light Standards. The bases of standards for approved outdoor lighting may be placed in a
landscaped buffer.
(c) Miscellaneous. Landscaped buffers may include retaining walls, planters, minor impervious
surfaces that are part of runoff and erosion control works; and sculptures or other works of art.
(7) Supplemental setback standards, SEQ-NRN sub-district. In addition to the standards set forth in
Table C-2, Dimensional Standards and this section, the requirements of Table 9-2A shall apply.
Table 9-2A Supplemental landscape buffer and setback requirements, SEQ-NRN sub-district
Adjoining Use Minimum Buffer Widths Minimum setback (5)
Type 0 Type I (5) Type II
High Use Rec Path (1) n/a n/a 30' 50'
Lower Use Rec Path (2) 70' n/a 27' 30'
Resource Protection Area (3) 40' 5' 27' 35'
% Reduction for Use of Berm (4) 25% n/a 25% n/a'
(1) The section of recreation path running along the west side of the SEQ-NRN sub-district, as shown on Figure 9-2A.
(2) The section of recreation path running along the south and east sides of the SEQ-NRN sub-district, as shown
on Figure 9-2A.
(3) The area located at the north boundary line of the SEQ-NRN sub-district, as shown on Figure 9-2A
(4) Plantings are to be placed on top of berm for added vertical screening effect. Reduction not applicable to
High Use Recreation Path.
(5) Setbacks apply to all principal structures.
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(8) Supplemental Height Standards, SEQ-NRN sub-district. In addition to the standards set forth in
Table C-2, Dimensional Standards, residential structures shall be limited to a maximum of one (1) total
story within the areas marked as “1-Story Building Area” on Figure 9-2A.
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Figure 9-2A: SEQ-NRN Buffer and Height Standards
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9.09 SEQ-VR Sub-District; Specific Standards
The SEQ-VR sub-district has additional dimensional and design requirements, as enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 400 linear feet;
see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 feet or longer must include
mid-block public sidewalk or recreation path connections.
(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 500 feet.
(b) Dead end streets (e.g. cul de sac or hammer-head) that are not constructed to an adjacent
parcel to allow for a future connection are strongly discouraged. Such dead end streets shall not
exceed 200 feet in length.
(3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to
1:5 recommended.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the VR sub-
district are intended to be low-speed streets for local use that discourage through movement and are safe
for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in
Tables 9-3 and 9-4, and Figures 9-8 and 9-9 below.
(2) Sidewalks
(a) Sidewalks must be a minimum of five feet (5’) in width with an additional minimum five-foot
planting strip (greenspace) separating the sidewalk from the street.
(b) Sidewalks are required on one side of the street, and must be connected in a pattern that
promotes walkability throughout the development. The DRB may in its discretion require
supplemental sidewalk segments to achieve this purpose.
(3) Street Trees; see Section 9.08(B)(3)
(4) On-street parking; see Section 9.08(B)(4).
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and
to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
(6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided
sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
should be consistent with the lower-intensity development patterns and character of the SEQ, with lower,
smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest level
consistent with public safety.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets).
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(2) Building Façades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private
space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the
street is critical to the ambiance of the street environment.
(a) Buildings should be set back fifteen feet (15’) from the back of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. Porch,
stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or
other solid materials.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7.
(5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-
identical units.
Table 9-3: Street Design Criteria for Collector Streets, VR and VC
Design Speed 25 mph
Pavement width (parking one side) 28’
Pavement width (parallel parking both sides) 36’
at wetland crossings 20’
Minimum radius of curves 260’
Minimum tangent length between curves 50’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
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Figure 9-8: Pavement Dimensions, Collector Streets, SEQ-VR
Table 9-4: Street Design Criteria for Local Streets, VR and VC
Design Speed 25 mph
Pavement width (parking one side) 26’
Pavement width (parallel parking both sides) 34’
With no parking 24’
at wetland crossings 18’
Minimum radius of curves 200’
Minimum tangent length between curves 50’
Minimum distance between centerline offsets 150’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
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Figure 9-9: Pavement Dimensions, Local Streets, SEQ-VR
9.10 SEQ-VC Sub-District; Specific Regulations
The SEQ-VC sub-district has additional dimensional and design requirements, as enumerated in this section.
A. Street, block and lot pattern.
(1) Development blocks. Development block lengths should range between 200 and 300 linear feet;
see Figure 9-2 for example. Blocks 300 feet or longer must include mid-block public sidewalk or recreation
path connections.
(2) Interconnection of Streets
(a) Average intersection spacing shall be 200 to 300 feet.
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(b) Dead end streets (e.g. cul de sacs or hammer-heads) that are not constructed to an adjacent
parcel to allow for a future connection are strongly discouraged. Such dead end streets shall not
exceed 200 feet in length.
(3) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot depth
ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets in the VC sub-district are intended
to be low-speed streets for local use that discourage through movement and are safe for pedestrians and
bicyclists. Dimensions for public collector and local streets shall be as set forth in Section 9.09(B)(1) above,
and Tables 9-3 and 9-4; cross-sections shall be as set forth in Figures 9-10 and 9-11 below.
(2) Sidewalks
(a) Sidewalks must be a minimum of five feet in width plus a minimum five-foot planting strip
separating the sidewalk from the street.
(b) Sidewalks are required on both sides of the street.
(3) Street Trees; see Section 9.08(B)(3)
(4) On-street Parking; see Section 9.08(B)(4)
(5) Intersection Design. Intersections shall be designed to reduce pedestrian crossing distances and
to slow traffic; see Section 9.08(B)(5) and Figure 9-6.
(6) Lighting. Pedestrian scale light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure
pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with
the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of
illumination (rather than hot-spots) and trespass minimized to the lowest level consistent with public
safety.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11).
(2) Building Façades. Building façades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private
space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the
street is critical to the ambiance of the street environment. Front building setbacks in the SEQ-VC district
will vary depending on the building type and neighborhood design. Residential buildings should
complement the setbacks of surrounding commercial buildings.
(a) Setbacks to the building line as defined in these Regulations may range from zero feet (o’) to
a maximum of fifteen feet (15’).
(b) Where buildings are set back from the sidewalk, porches, stoops, balconies may project into
the front setback area, and may overhang the sidewalk at the second and higher levels.
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(4) Placement of Residential Garages and Parking Areas. Parking for residential uses must be located in
side or rear yards, or in an approved shared parking area within the VC sub-district.
Figure 9-10: Pavement Dimensions: Collector Streets, SEQ-VC
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Figure 9-11: Pavement Dimensions: Local Streets, SEQ-VC
D. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District
(1) Building Orientation. Non-residential buildings must be oriented to the principal public street on
which the building has a façade. Primary building entries must be oriented to and open onto a sidewalk
or other public walkway providing access from the public street. Secondary building entries may open
onto parking areas.
(2) Building Façades
(a) Building facades should be varied and articulated for pedestrian interest.
(b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank
or solid walls (without glazing) should not exceed thirty feet (30’) in length at the street level.
(c) Building entries should be emphasized with special architectural treatment.
(d) All buildings should have a well-defined ‘base’ with richer detail in the pedestrian’s immediate
view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable
‘top’ consisting of elements such as cornice treatments, roof overhangs with brackets, textured
materials, stepped parapets.
(e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet.
Mansard style roofs are discouraged.
(f) Buildings in the SEQ-VC should employ “four-sided” design principles intended to ensure a
high visual quality from any publicly-used vantage point.
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9.11 Supplemental Standards for Arterial and Collector Streets
A. Setbacks. The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm Road,
Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as set forth in
Section 3.06(B) (1) and (2) of these Regulations.
B. Building Orientation along Arterial and Collector Streets.
(1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm Road, or Swift
Street, or which have the potential to include frontage along Swift Street Extension or Old Cross Road
Extension, shall maintain a setback of twenty feet (20’) from the edge of the planned street right-of-way.
(2) New developments with frontage on Hinesburg Road shall maintain a setback of forty feet (40’)
from the edge of the planned street right-of-way.
(3) This setback area shall be attractively landscaped, with suitable street trees, grassed swales or
other means of infiltrating storm runoff, and fencing made of natural materials, in a manner that creates
a defined edge to the development, without creating a visual “wall” or barrier. Acceptable alternatives
for this treatment are shown in Figures 9-12 and 9- 13.
(4) A public sidewalk or recreation path planned in coordination with the South Burlington Recreation
Path Committee shall be incorporated into the setback area.
(5) The use of earthen berms of more than four feet (4’) in height above the average pre-construction
or finished grade of the setback area, shall not be permitted. Under no circumstances shall vegetation
other than grasses and low-growing shrubs be planted along the slope or top of any berms or other land
shaped areas.
9.12 SEQ-NRP; Supplemental Regulations
A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified
land trust and shall not be developed with a residence, or
(2) Such lot may be developed with a residence or residences pursuant to a conservation plan
approved by the Development Review Board. See 9.12(B) below.
(3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the
Development Review Board’s approval of a conservation plan that balances development or land
utilization and conservation. Such lot may also include the following additional development/activities:
(a) Driveways, roads, underground utility services, or other appurtenant improvements to serve
approved development or uses. Utility service components, such as transformers and amplifiers, may
be installed at ground level where such accords with standard industry practices.
(b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot.
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B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a
SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to
conditional use review and the following supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit
no more than one (1) single family dwelling unit only if:
(a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate
the construction and use of a single family dwelling unit in compliance with these Regulations, and;
(b) The location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer.
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Figure 9-12: Setbacks at Arterial Streets
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Figure 9-13: Setbacks at Hinesburg Road
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(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board
may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling
unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling units
on lots approvable in compliance with these Regulations.
(i) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling
units on lots approvable in compliance with these Regulations, no subdivisions of land or
construction of new dwelling units shall be permitted in the NRP subdistrict;
(ii) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of two (2) single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations;
(iii) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of one (1) single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to two (2) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations;
(iv) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
insufficient to accommodate the construction and use of any single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to three (3) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations; and,
(b) such lots shall have a minimum size of 12,000 square feet per dwelling unit, and,
(c) the location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer, and,
(d) The location of structures and access drives are clustered such that no dwelling unit is located
more than one hundred (100) feet from any other structure, and,
(e) The dwelling units shall be detached single family dwellings, and,
(f) Such subdivision plan shall be subject to the Development Review Board’s approval of a
conservation plan in a form acceptable to the City Attorney that permanently encumbers the land
against further land subdivision and development.
C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred
(100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington Tax Maps last
revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at an average overall
density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres. Any new lots so created
shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall be clustered in a manner
that maximizes the resource values of the property and shall have no portion within a designated primary
natural community or its related buffer. All dwelling units shall be detached single family houses. Such
subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form
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acceptable to the City Attorney that permanently encumbers the land against further land subdivision and
development.
9.13 SEQ Review and Approval Process
A. Single family residences and two-family residences on a single existing lot are specifically excluded
from the review provisions of Section 9.13 of this article. All other development is subject to the provisions
presented below.
B. For all development other than that listed above in Section 9.13(A), the Development Review Board
shall use the Planned Unit Development (PUD) review and approval process presented in Article 15,
Subdivision and Planned Unit Development Review.
C. Master Plan Review. As per Section 15.07, Master Plan Review and Approval, the Development
Review Board shall require a master plan for any application for 10 or more dwelling units. In such a case, the
provisions of Section 15.07 shall apply in addition to the PUD provisions of Article 15, and the SEQ-specific
provisions of this Article.
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10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO
10.01 Flood Plain Overlay District
10.02 Traffic Overlay District
10.03 Scenic View Protection Overlay District
10.04 Interstate Highway Overlay District
10.05 Transit Overlay District
10.06 Urban Design Overlay District
10.07 River Corridor Overlay District
10.01 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of
the tax base, and the extraordinary public expenditures and demands on public services that result from
flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and
accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or
the stream corridor;
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal
hazard mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for
federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and
§4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified
as within the Floodplain Overlay District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. This regulation shall not create liability on the part of
the City of South Burlington, or any municipal official or employee thereof, for any flood damages that result
from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction the provisions here shall take precedence.
F. Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict
(1) Development Review in Hazard Areas
(a) Permits. A permit is required from the Administrative Officer for all development, as defined
in Section 2.03 (Floodplain Definitions), in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict.
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(b) Submission requirements. In addition to all information required for permitted and
conditional uses, the applicant shall prepare and submit a Project Review Sheet to Vermont Agency
of Natural Resources. The Project Review Sheet shall identify all State and Federal agencies from
which permit approval is required for the proposal, and shall be filed as a required attachment to the
municipal permit application. The identified permits, or letters indicating that such permits are not
required, shall be submitted to the Administrative Officer and attached to the permit before work can
begin.
(c) Referrals.
(i) Upon receipt of a complete application for a substantial improvement or new
construction the Administrative Officer shall forward a copy of the application and supporting
information to the State National Flood Insurance Program Coordinator at the Vermont Agency
of Natural Resources, in accordance with 24 V.S.A. 4424. A permit may be issued only following
receipt of comments from the Agency, or the expiration of 30 days from the date the application
was mailed to the Agency, whichever is sooner.
(ii) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies
of the application shall also be submitted to the adjacent communities, the Stream Alteration
Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies
of such notice shall be provided to the State National Flood Insurance Program (NFIP) Coordinator
at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A
permit may be issued only following receipt of comments from the Vermont Agency of Natural
Resources, or the expiration of 30 days from the date the application was mailed to the Vermont
Agency of Natural Resources, whichever is sooner.
(d) Permitted Uses. The following uses are permitted in the Floodplain Overlay (Zones A, AE, and
A1-30) Subdistrict. Structures associated with any of the permitted uses below shall be allowed only
as Conditional Uses subject to the provisions of this Section 10.01.
(i) Park;
(ii) Recreation path;
(iii) Outdoor recreation facility;
(iv) Non-substantial improvements of existing structures;
(v) Development related to on-site septic or water supply systems;
(vi) Building utilities;
(vii) At-grade parking for existing buildings; and,
(viii) Recreational vehicles.
(e) Conditional Uses. The following uses are allowed in the Floodplain Overlay (Zones A, AE, and
A1-30) Subdistrict as conditional uses subject to approval by the Development Review Board in
accordance with the provisions of this Section 10.01 and Table C-2, Dimensional Standards.
(i) Substantial improvement, elevation, relocation, or flood proofing of existing structures;
(ii) Accessory structures;
(iii) New or replacement storage tanks for existing structures;
(iv) Grading, excavation; or the creation of a pond;
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(v) Improvements to existing roads;
(vi) Bridges, culverts, channel management activities, or public projects which are
functionally dependent on stream access or stream crossing;
(vii) Public utilities.
(f) Prohibited Uses. In addition to any uses not specifically listed in this section, the following
uses are specifically prohibited in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict:
(i) New residential or non-residential structures (including the placement of manufactured
homes);
(ii) Storage or junk yards;
(iii) New fill except as necessary to elevate structures above the base flood elevation; and,
(iv) Accessory structures in the floodway.
(2) Area, Density and Dimensional Requirements. In the Floodplain Overlay (Zones A, AE, and A1-
30) Subdistrict, all structures shall be subject to the area, density and dimensional requirements of the
Residential 1 District as set forth in Section 4.01 and Table C-2, Dimensional Standards of these
regulations.
(3) Additional Standards.
(a) No encroachment, including fill, new construction, substantial improvement, or other
development, that would result in any increase in flood levels within the regulatory floodway during
the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic
analyses are performed in accordance with standard engineering practice, by a licensed professional
engineer, certifying that the proposed development will: a) Not result in any increase in flood levels
(0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding
properties, facilities, or structures from erosion or flooding.
(b) Within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict, excavation of earth
products shall be prohibited in such cases where it is anticipated that such excavation will lower the
level of the water table, interfere with natural flow patterns, or reduce flood storage capacity.
(c) All development allowed as Conditional Uses pursuant to Section 10.01(F)(1)(e) above shall
meet the following additional standards:
(i) All development shall be reasonably safe from flooding, as determined by compliance
with the specific standards of this subsection.
(ii) All development shall be designed (I) to minimize flood damage to the proposed
development and to public facilities and utilities, and (II) to provide adequate drainage to reduce
exposure to flood hazards.
(iii) All development shall be (I) designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure during the occurrence of the base flood,
(II) be constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the components during
conditions of flooding.
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(iv) New and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters.
(v) On site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(vi) The flood carrying capacity within any portion of an altered or relocated watercourse shall
be maintained.
(vii) Replacement manufactured homes shall be elevated on properly compacted fill such that
the top of the fill (pad) under the entire manufactured home is above the base flood elevation.
(viii) Structures to be substantially improved in Zones A, A1-30, AE, and AH shall be located
such that the lowest floor is at least one (1) foot above base flood elevation; this must be
documented, in as-built condition, with a FEMA Elevation Certificate.
(ix) Non-residential structures to be substantially improved shall:
(I) Meet the standards in Section 10.01(F)(3)(c)(viii); or,
(II) Have the lowest floor, including basement, together with attendant utility and
sanitary facilities be designed so that two (2) feet above the base flood elevation the structure
is watertight with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
A permit for flood proofing shall not be issued until a licensed professional engineer or
architect has reviewed the structural design, specifications and plans, and has certified that
the design and proposed methods of construction are in accordance with accepted standards
of practice for meeting the provisions of this subsection. An occupancy permit for the
structure shall not be issued until an "as-built" plan has been submitted and a licensed
professional engineer or architect has certified that the structure has been constructed in
accordance with accepted standards of practice for meeting the provisions of this subsection.
(x) For all new construction and substantial improvements, fully enclosed areas below grade
on all sides (including below grade crawlspaces and basements) shall be prohibited.
(xi) For all new construction and substantial improvements, fully enclosed areas that are
above grade, below the lowest floor, below Base Flood Elevation and subject to flooding, shall be
(i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be
stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by
a licensed professional engineer or architect, or meet or exceed the following minimum criteria:
A minimum of two openings on two walls having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided. The bottom of all
openings shall be no higher than one foot above grade. Openings may be equipped with screens,
louvers, valves, or other coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(xii) In Special Flood Hazard Areas where base flood elevations and/or floodway limits have
not been provided by the National Flood Insurance Program in the Flood Insurance Study and
accompanying maps, it is the applicant’s responsibility to develop the necessary data.
(xiii) In the AE Zone, where base flood elevations and/or floodway limits have not been
determined, development shall not be permitted unless it is demonstrated that the cumulative
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effect of the proposed development, when combined with all other existing and anticipated
encroachment, will not increase the base flood elevation more than one (1) foot at any point
within the community. The demonstration must be supported by technical data that conforms to
standard hydraulic engineering principles and certified by a licensed professional engineer.
(xiv) All recreational vehicles shall be fully licensed and ready for highway use.
(xv) A small accessory structure of 500 square feet or less in gross floor area that represents
a minimal investment need not be elevated to the base flood elevation in this area, provided the
structure is placed on a building site so as to offer the minimum resistance to the flow of
floodwaters and shall meet the criteria of subsection (xi) above.
(4) Administration and Enforcement.
(a) The Zoning Permit issued for any development pursuant to this Section 10.01(F) shall include:
a record of the elevation, in relation to mean sea level, of the lowest floor, including basement, of all
new construction or substantial improvements of structures.
(b) Upon issuance of a zoning permit, the Administrative Officer shall properly file and maintain
a record of:
(i) Elevation Certificates with the as-built elevation (consistent with the datum of the
elevation on the current Flood Insurance Rate Maps for the community) of the lowest floor,
including basement, of all new or substantially improved structures (not including accessory
structures) in the Special Flood Hazard Area;
(ii) All flood proofing and other certifications required under this regulation; and,
(iii) All decisions of the Board (including variances and violations) and all supporting findings
of fact, conclusions and conditions.
(c) Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures
or substantial improvements to structures in the Floodplain Overlay (Zones A, AE, and A1-30)
Subdistrict.
(d) Enforcement
(i) A copy of any notice of violation of this section shall be mailed by the Administrative
Officer to the State NFIP Coordinator.
(ii) If any appeals have been resolved, but the violation remains, the Administrative Officer
shall submit a declaration to the Administrator of the National Flood Insurance Program
requesting a denial of flood insurance to the property pursuant to Section 1316 of the National
Flood Insurance Act of 1968, as amended.
(iii) Any proposed agricultural structure that does not meet the criteria and process in the
Accepted Agricultural Practices will be in violation of this bylaw. Such violations shall also be
immediately reported to the Secretary of Agriculture for enforcement under 6 V.S.A. Section
4812.
(e) Variances
(i) A variance may be granted by the Development Review Board only in accordance with
Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(ii) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and
shall inform the applicant in writing over the signature of a community official that the issuance
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of a variance to construct a structure below the base flood elevation increases risk to life and
property and will result in increased flood insurance premiums up to amounts as high as $25 for
$100 of coverage. Such notification shall be maintained with a record of all variance actions.
G. Floodplain Overlay (Zone 0.2%) Subdistrict
(1) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.02 (Definitions), in the Floodplain Overlay (0.2% Zone) Subdistrict.
(2) Permitted Uses. Those uses allowed as permitted uses in any underlying zoning district within the
City may be permitted in the Floodplain Overlay (0.2% Zone) Subdistrict only in accordance with the
provisions of this section.
(3) Conditional Uses. Those uses allowed as conditional uses in any underlying zoning district within
the City may be permitted in the Floodplain Overlay (0.2% Zone) Subdistrict only in accordance with the
provisions of this section.
(4) Prohibited Uses. In addition to any uses not specifically listed in the underlying zoning district,
new Critical Facilities are specifically prohibited in the Floodplain Overlay (0.2% Zone) Subdistrict.
(5) Area, Density and Dimensional Requirements. In the Floodplain Overlay (0.2% Zone) Subdistrict,
all structures shall be subject to the area, density and dimensional requirements of the underlying zoning
district as set forth in Article IV and Table C-2, Dimensional Standards of these regulations.
(6) Additional Standards.
(a) Any Critical Facilities to be expanded or substantially improved in the Floodplain Overlay
(0.2% Zone) Subdistrict shall be located such that the lowest floor is at least one (1) foot above base
flood elevation.
(b) In the Floodplain Overlay (0.2% Zone) Subdistrict, where base flood elevations and/or
floodway limits have not been provided by the National Flood Insurance Program in the Flood
Insurance Study and accompanying maps, it is the applicant’s responsibility to develop the necessary
data.
(7) Administration and Enforcement. Administration and enforcement of development in the
Floodplain Overlay (0.2% Zone) Subdistrict shall be subject to all requirements of Article XVII
(Administration and Enforcement) of these Regulations.
10.02 Traffic Overlay District
A. Purpose. It is the purpose of the Traffic Overlay District to provide a performance-based approach to
traffic and access management associated with development and re-development of properties in high traffic
areas of the City. It is the further purpose of the Traffic Overlay District to provide a means by which the
allowable uses and the arrangement and intensity of uses on a given parcel may be regulated, above and
beyond District regulations, based on traffic generated and impacts on City access management goals. It is the
further purpose of the Traffic Overlay District to provide incentives to improve site design and access
management during the development and redevelopment process, in keeping with the goals and objectives
of the City's Comprehensive Plan.
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B. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
C. Permitted Uses. Those uses allowed as permitted uses in any Zoning District within the City may be
permitted in the Traffic Overlay District only in accordance with the provisions of this section.
D. Conditional Uses. Those uses allowed as conditional uses in any Zoning District within the City may
be permitted in the Traffic Overlay District only in accordance with the provisions of this section.
E. Establishment of Traffic Overlay Zones. The following zones are established based on their location
in relation to the identified critical intersections or roadways on the Overlay District Map. The location and
dimensions of major intersections, high-volume roadway segments, and the balance of restricted roadway
segments, as described in this section are shown on the Overlay District Map. The location of the access point
to a lot is the main determinant ruling on whether a lot is subject to these regulations. In situations where a
lot is located in more than one zone, the location of the driveway will determine the zone that applies to the
parcel. A lot that does not directly front on a Traffic Overlay zone but has an actively used access to it via an
easement is subject to the restrictions for that zone. However, this rule would not apply to an existing lot with
an existing access that would be connected to as a result of these access management objectives. If a parcel
has one driveway in one zone and another driveway in another zone, the zone which is more restrictive shall
apply to the entire property. A lot located in a Traffic Overlay Zone but without access in that zone is not
subject to these regulations. Other locations and types of access are not restricted.
(1) Traffic Overlay Zone 1. Zone 1 shall consist of all lots within a specified distance from a major
intersection as identified on the Overlay District Map. The distances from the intersection are defined as
center-line to center-line distances between the closest driveway of the subject lot and the center line of
the roadway intersecting the roadway fronting the subject parcel.
(2) Traffic Overlay Zone 2. Zone 2 shall consist of all lots with access to a high-volume roadway
segment as identified on the Overlay District Map.
Zone 2A: Access to a high-volume roadway via a private driveway
Zone 2B: Access to a high-volume roadway via a public roadway with an unsignalized intersection
Zone 2C: Access to a high-volume roadway via a public roadway or a private driveway with a
roundabout or a signalized intersection.
(3) Traffic Overlay Zone 3. Zone 3 shall consist of all lots with access to the balance of road segments
as identified on the Overlay District Map. Zone 3 regulations only apply to parcels with private driveways
or culs-de-sac.
F. Calculation Procedures for Traffic Overlay Zones.
(1) Maximum Allowable Traffic Generation (Traffic Budget). The size of an allowable use on any lot
in a traffic overlay zone shall be such that its traffic generation will not exceed the maximum allowable
traffic generation – the Traffic Budget. The traffic budget is calculated by multiplying the size of the lot by
the maximum traffic generation rate (i.e. maximum peak hour trip ends per 40,000 SF) applicable to the
traffic overlay zone in which the lot is located as shown in Table 10-1 below. In the determination of the
allowable maximum size for a use, the definitions and standards in this Section 10.02 shall apply. Specific
procedures and examples are contained in Appendix B. If the maximum permitted size for a use or any lot
is too small to allow reasonable activity normally associated with that use, then that use shall not be
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permitted on the lot. The maximum size of a proposed use must be in compliance with all other zoning
regulations of the City of South Burlington.
(2) Estimating the traffic generation of the proposed use: Traffic generation estimates for the use
under consideration shall be based on the latest TRIP GENERATION manual published by the Institute of
Traffic Engineers (the 7th Edition of 2003 and subsequent editions). The Development Review Board or
Administrative Officer may approve or may require traffic generation estimates from other sources,
including local traffic counts, if the ITE Trip Generation manual does not contain any data for a specified
use, or sufficient data for a specified use, or if a use contains unique characteristics that cause it to differ
from national traffic estimates. See Appendix B for guidance.
(3) Peak Hour for evaluation. The peak hour shall be the PM Peak Hour of Adjacent Street Traffic,
one hour between 4 and 6 p.m. This is the highest continuous hour in terms of traffic generation between
4 p.m. and 6 p.m. Traffic generation is defined as the total number of vehicle trip ends at the use in
question. (4) Since access management and conflict resolution of turning vehicles are a major objective
of this Traffic Overlay Zone, no credits are allowed for “pass-by” or diverted traffic.
G. Peak Hour Trip Generation Limits per 40,000 SF of land area: The maximum permitted peak hour
volume per 40,000 square feet of land area in any zone shall be as set forth in Table 10-1 below.
Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF
Zone Max. number of peak hour trip ends per 40,000 SF of
land area
1 15
2A 20
2B 25
2C 30
3 45
The above allowable traffic generation rates assume a mix of right-turn and left-turn movements in and out
of the site driveways. If a site is located along an arterial with a raised median thus preventing all left turns,
the traffic budget for that site shall be increased by 15%. This Traffic Budget credit of 15% can only be taken
when all site access points off the adjacent arterial(s) are for right-turns-in and right-turns-out only.
H. Standards for Adjustments to a Project’s Traffic Generation Calculation or to a Site’s Traffic Budget
(1) The Development Review Board or, within the Form Based Code District the Administrative
Officer, may allow adjustments to the project’s traffic generation or may approve peak hour traffic
volumes above the standards set forth in Section 10.02(F) above for a lot in a traffic overlay zone if the
Development Review Board, or within the Form Based Code District the Administrative Officer,
determines that other site improvements with respect to improved access management, internal
circulation, connections between adjacent properties, and improved pedestrian and/or transit access, will
produce a net benefit for traffic flow in the immediate vicinity of the project. See Appendix B for guidance
on adjustments.
(2) In the event that the existing peak hour trip generation of the uses presently authorized and
operating on the site exceeds the maximum allowable traffic budget for the site including credits, the
existing peak hour trip generation shall be the maximum allowable for the site, and no additional credits
shall be provided for site improvements or any other cause. This provision shall not alleviate the
responsibility of the applicant to make traffic and other site improvements required by the DRB, or within
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the Form Based Code District the Administrative Officer, pursuant to these Regulations as part of a site
plan, PUD or conditional use approval.
(3) In making its determination of whether other site improvements will produce a net benefit for
traffic flow the Development Review Board, or within the Form Based Code District the Administrative
Officer, may consider the following:
(a) Change or reduction in the number and location of curb cuts
(b) The creation of secondary access points within lots sufficient for two-way, year-round
vehicular and pedestrian movements that provide for suitable internal circulation between properties
(i.e. the access points need to be kept free of snow).
(c) The elimination of left turns or through movements across an arterial through the creation of
raised medians, subject to approval by the Director of Public Works.
(d) Reductions in the width of curb cuts or access points or their definition in a manner that
substantially improves the definition of turning and traffic movements into and out of the property,
and to a width no greater than the specified maximum width for the applicable type of driveway in
Figure 15-1 of these Regulations, subject to approval by the Director of Public Works.
(e) The relocation of access points farther away from high-volume intersections, subject to all
other applicable dimensional and traffic management standards.
(f) The impact of the proposal on the overall traffic volumes and levels of service at intersections
in the immediate vicinity of the project.
(g) Any other criteria contained within PUD review or other factors as the Development Review
Board or Administrative Officer deems relevant, subject to consultation with and approval by the
Director of Public Works.
I. Other Traffic Impact Considerations. The Traffic Overlay District regulations do not alleviate the need
for standard traffic impact studies or other traffic engineering analyses that are normally required for
proposed developments. The needs for levels of service determinations with the proposed project, queuing
analyses and sight distance verifications, etc. are not alleviated by these regulations.
10.03 Scenic View Protection Overlay District
A. Purpose. A Scenic View Protection Overlay District is hereby formed in order to encourage the
preservation of spectacular views of the Green Mountains, Adirondack Mountains and Lake Champlain from
both planned and existing public ways. These spectacular views represent an irreplaceable natural resource
which enhances the quality of life of residents and visitors of South Burlington. It is the intent of this overlay
district to encourage the placement of buildings, lots and landscaping in a manner that best preserves these
important scenic resources.
B. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
C. Applicability.
(1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in any
underlying district in a Scenic View Protection Overlay District, as shown on the Scenic View Protection
Overlay District Map, shall be subject to the limitations in this Section 10.03.
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(2) In addition to those items listed in the definition of “structure” in these Regulations, earthen
berms shall constitute a structure for purposes of this Section 10.03.
D. Spear Street - Overlook Park View Protection Zone
(1) Designated Building Envelopes.
(a) The term "Designated Building Envelope" as used in this Section 10.03 shall define a
hexagonal figure enclosing an area of fifteen thousand (15,000) square feet as depicted on the Scenic
View Protection Overlay District Map. The long axis of a Designated Building Envelope shall be
oriented on a lot so that it is perpendicular to Spear Street.
(b) Structures or vegetation located in any portion of a "Designated Building Envelope" located
in Zone A or Zone C shall be required to meet the height limitations applicable to Zone A or Zone C.
(2) Zone A.
(a) No part of any structure within Zone A of the Spear Street Overlook Park View Protection
Zone shall exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that
said part of a structure is horizontally distant from the Zone A base line shown on the above
referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation located within Zone A of the Spear Street - Overlook Park
View Protection Zone shall be maintained so that it does not exceed an elevation of 370 feet above
mean sea level minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant
from the Zone A base line shown on the above referenced Scenic View Protection Overlay District
Map.
(c) Notwithstanding the restrictions set forth in the previous sentence, any vegetation or planting
located within Zone A that are within an area two hundred (200') feet east of any building in existence
on May 16, 1989 may be maintained at a height exceeding the requirements of this section subject to
the following limitations:
(i) The building in existence on May 16, 1989, must remain in existence.
(ii) Such vegetation must be maintained so that it does not diminish to any degree the view
available from any point of the Zone A base line on May 16, 1989.
(3) Zone B
(a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet from
each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown
on the above referenced Scenic View Protection Overlay District Map. This section shall not apply to
any structure located in a Designated Building Envelope.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation
of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is
horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection
Overlay District Map, or 2 feet above any grade existing on 7/17/89, whichever height is higher. This
section shall not apply to landscaping located within a Designated Building Envelope.
(c) Any principal structure shall be located entirely within a Designated Building Envelope.
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(4) Zone C
(a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet for
each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown
on the above referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation
of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is
horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection
Overlay District Map.
(5) Zone D.
(a) No part of any structure within Zone D of the Spear Street - Overlook Park View Protection
Zone, shall exceed the elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet
that said part of said structure is horizontally distant from the Zone A base line shown on the above
referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation
of 370 feet above mean sea level minus 1.8 feet for each 100 feet that said landscaping or vegetation
is horizontally distant from the Zone A base line shown on the above referenced Scenic View
Protection Overlay District Map.
(6) Zone E.
(a) No part of any structure within Zone E of the Spear Street - Overlook Park View Protection
Zone shall exceed an elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet
that said part of said structure is horizontally distant from the Zone A base line shown on the above
referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation
of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that said landscaping or vegetation
is horizontally distant from the Zone A base line shown on the above referenced Scenic View
Protection Overlay District Map.
E. Spear Street - Ridge View Protection Zone
(1) No part of any structure within the Spear Street Ridge View Protection Zone shall exceed an
elevation of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said part of said structure
is horizontally distant from the Spear Street Ridge View Protection Zone Base Line shown on the above
referenced Scenic View Protection Overlay District Map.
(2) Landscaping and other vegetation located within the Spear Street Ridge View Protection Zone
shall be maintained so that it does not exceed an elevation of 382 feet above mean sea level minus 3.1
feet for each 100 feet that said landscaping or vegetation is horizontally distance from the Spear Street
Ridge View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay
District Map.
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F. Dorset Park View Protection Zone
(1) Zone A.
(a) No part of any structure within Zone A of the Dorset Park View Protection Zone shall exceed
an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said part of said
structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on
the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing
on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone A of the Dorset Park View Protection
Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level
minus 4.3 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the
Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View
Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these
regulations, whichever height is higher.
(2) Zone B.
(a) No part of any structure within Zone B of the Dorset Park View Protection Zone shall exceed
an elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that said part of said
structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on
the above referenced Scenic Protection Overlay District Map, or 3 feet above any grade existing on
the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone B of the Dorset Park View Protection
Zone shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level
plus 3.1 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the
Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View
Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these
regulations, whichever height is higher.
(3) Zone C.
(a) No part of any structure within Zone C of the Dorset Park View Protection Zone shall exceed
an elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that said part of said
structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on
the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing
on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone C of the Dorset Park View Protection
Zone shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level
plus 2.2 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the
Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View
Protection Overlay District map, or 3 feet above any grade existing on the date of passage of these
regulations, whichever height is higher.
(4) Zone D.
(a) No part of any structure within Zone D of the Dorset Park View Protection Zone shall exceed
an elevation of 441 feet above sea level minus 2.0 feet for each 1000 feet that said part of said
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structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on
the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing
on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone D of the Dorset Park View Protection
Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level
minus 2.0 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the
Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View
Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these
regulations, whichever height is higher.
G. Hinesburg Road - North View Protection Zone
(1) No part of any structure within the Hinesburg Road-North View Protection Zone shall exceed an
elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure
is horizontally distant from the Hinesburg Road-North View Protection Zone Base Line shown on the above
referenced Scenic View Protection Overlay District Map.
(2) Landscaping and other vegetation located within the Hinesburg Road-North View Protection Zone
shall be maintained so that it does not exceed an elevation of 393.5 feet above mean sea level plus 5.8
feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Hinesburg Road
- North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay
District Map.
H. Hinesburg Road - South View Protection Zone
(1) No part of any structure within the Hinesburg Road - South View Protection Zone shall exceed an
elevation 3 feet above the elevation of the lowest point on the Hinesburg Road - South View Protection
Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map.
(2) Landscaping and other vegetation located within the Hinesburg Road - South View Protection
Zone shall be maintained so that it does not exceed an elevation 3 feet above the elevation of the lowest
point on the Hinesburg Road - South View Protection Zone Base Line shown on the above referenced
Scenic View Protection Overlay District Map.
I. Alteration and Expansion.
(1) Notwithstanding the provisions of these Regulations, any structure which fails to comply with the
requirements of this Section 10.03 shall not:
(a) be expanded or altered in any way which increases its degree or extent of non-compliance,
except in strict conformance with the requirements set forth in this Section 10.03(J) herein.
(b) be reconstructed if totally or substantially destroyed by fire, storm, explosion, other
catastrophe, neglect or voluntary action, except in compliance with this Section 10.03, provided,
however, if no usable structure may be reconstructed in compliance with these provision, then the
property owner may rebuild a usable structure that creates a minimum violation of this section, and
is subject to the limitations of Section 3.11 (nonconformities).
(2) The provisions of this Section 10.03 notwithstanding, the Development Review Board shall have
the authority to grant a waiver from the provisions of this Section 10.03 if it finds that the standards set
forth in either Section 10.03(K) or (L) below have been met.
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J. Exemptions through Subdivision Review. The Development Review Board may approve a proposed
subdivision, though development of one or more lots in the proposed subdivision with construction of a
structure would exceed the limitations of the Scenic View Protection Overlay District in the South Burlington
Land Development Regulations ("view restrictions" herein), if it finds that the proposal meets the
requirements of sub-part A or sub-part B below.
(1) Sub-part A
(a) The property under review existed as a parcel of land in separate and non-affiliated ownership
from adjoining properties on June 1, 1992; and
(b) Thirty percent or more of the land area of the subject property cannot support the
construction of structures twenty-five (25) feet in height due to the development restrictions set forth
in any statute, ordinance or bylaw; and
(c) The applicant has attempted to minimize development on that portion of the property which
cannot be developed in accordance with the view restrictions by concentrating development on
portions of the property that can be developed in accordance with the view restrictions; and
(d) The applicant has attempted to minimize the extent of noncompliance with the view
restrictions by establishing designated building areas, view corridors, height limitations for structures,
and landscaping restrictions on any lot which cannot be developed in compliance with the view
restrictions.
(2) Sub-part B
(a) The applicant has designated building areas and/or height limitations for structures on any
lot which cannot be developed in compliance with the view restrictions; and
(b) The applicant can demonstrate that the construction of structures in conformance with the
limitations set forth in subparagraph a, will not obstruct the view in the affected View Protection
District from any point on the district baseline because of the presence of lawfully existing vegetation
or structures.
K. Waiver. The Development Review Board shall have the authority to grant a waiver from the
provisions of this section if it finds that the standards set forth below have been met:
(1) A structure has been granted a waiver from the requirements of this Article pursuant to the
authority set forth in Section (K) above.
OR
(2) The applicant can demonstrate that the construction, alteration or expansion of a structure will
not obstruct or be visible within the view in the affected View Protection District from any point on the
baseline, because of the presence of natural topographic features other than trees or other vegetation,
and/or the presence of lawfully existing structures. In making a determination pursuant to this section,
the Development Review Board shall find that either of criterion "a" or both criteria "b" and "c" below is
met:
(a) A lawfully existing building or structure on the same property, or a natural topographic
feature other than trees or other vegetation, will entirely screen the construction, alteration or
expansion from all sight lines along the baseline of the applicable Scenic View Protection District;
OR
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(b) All construction will take place within a designated building envelope whose outside edges
are established by the sight lines extending from the baseline of the applicable Scenic View Protection
District, at a height of six feet, in a straight line towards the structure; AND
(c) No part of the construction, alteration or expansion will exceed the height of the structure or
structures on the same property blocking the view from the baseline, measured at the point where
the sight lines establishing the building envelope in (b) above intersect with the screening structure
or structures.
OR
(3) For properties within the Spear Street-Ridge Overlay Zone, the applicant can demonstrate that
the proposed construction, alteration or expansion will not extend above the highest point of the roofline
of the existing structure to be altered.
10.04 Interstate Highway Overlay District (IHO)
A. Purpose. It is the purpose of the Interstate Highway Overlay District to provide for a safe and
aesthetically attractive buffer between the right-of-way of the Interstate Highway and developed land uses
within South Burlington.
B. Boundaries of the Interstate Highway Overlay District. The Interstate Highway Overlay District shall
include the following areas, as depicted in Figure 10-1:
(1) All land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate
189 rights-of-way, and
(2) All land within fifty (50) feet horizontal distance of the ramp rights-of-way, both existing and
planned, for Interstate 89 and Interstate 189, except within the City Center Form Based Code District.
C. Standards.
(1) No building of any kind, including any structure or construction such as parking facilities or lots,
or tennis courts shall be permitted within the district, except as specifically provided in this section. Any
use or structure granted approval within the Interstate Highway Overlay District shall be subject to the
specific provisions of this section.
(2) The following structures and infrastructure shall be allowed in the IHO district, subject to
conditional use approval by the Development Review Board:
(a) Public recreation paths
(b) Roadways or access drives for purposes of accessing a preexisting or approved structure
within the IHO district and no other reasonable provisions for access can be made.
(c) Utility lines, including power, telephone, cable, sewer and water.
(d) Stormwater treatment facilities and maintenance thereof, including necessary removal of
vegetation and dredging.
(e) Research and educational activities provided any building or structure, including parking lots
or facilities, is located outside the IHO district.
(f) Hydro-electric power generation
(g) Municipal buildings, subject to the provisions of Section 10.03(D) below.
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(3) Use of nonconforming structures. Nonconforming structures within the IHO district may used for
any land use allowed within the underlying zoning district, in accordance with Table C-1, Table of Uses.
(4) Encroachment of other uses into the IHO district. The encroachment of land uses allowed in the
underlying zoning district into the IHO district may be allowed by the Development Review Board as a
conditional use under certain circumstances as provided below, and provided the area of encroachment
is screened from view by existing or proposed landscaping and/or topography:
(a) The encroachment is necessary to rectify a natural catastrophe or for the protection of the
public health, safety or welfare; OR
(b) The encroachment is necessary for the purposes of providing for or improving public facilities;
OR
(c) The encroachment is necessary to provide safe access to a parcel on which a use has been
approved by the DRB in cases where there is no feasible alternative to the encroachment.
D. Encroachment of municipal buildings in the IHO district. In portions of the IHO district where the
underlying zoning district is MU-Municipal, the Development Review Board may allow the encroachment of
municipal facilities as a conditional use subject to the following standards and criteria:
(1) Accessory uses not directly related and essential to the functioning of the municipal building shall
not be permitted within the IHO district.
(2) A finding is made by the DRB that the proposed municipal building cannot be located outside the
IHO district because the following criteria are met:
(a) The use must occur in close proximity to another preexisting municipal building; AND
(b) There is no reasonably practicable alternative location for the municipal building, with pre-
existing investment in the site a consideration for the practicability of alternative locations; AND
(c) The encroachment is the minimum necessary to operate the proposed municipal building.
(3) The maximum extent of the encroachment shall be no more than fifteen (15) feet into the IHO
district.
E. Exemption for lots with existing single or two-family dwellings. A lot containing an existing single or
two-family dwelling, as of the effective date of these regulations, shall be exempt from the provisions of this
Section 10.04. Notwithstanding this exemption, no additional dwelling units or new principal structures shall
be permitted on such lots.
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ARTICLE 10 OVERLAY DISTRICTS
South Burlington Land Development Regulations
Figure 10-1 Interstate Highway Overlay District
10.05 Transit Overlay District (TO)
A. Purpose. It is the purpose of the Transit Overlay District to provide for a safe, compact, and efficient
land use pattern that supports regular fixed-route transit service, pedestrian and bicycle infrastructure.
Certain land uses may be permitted only within the Transit Overlay District, or be permitted outside the
District subject to conditions. Other incentives or requirements that complement a multi-modal environment
may also be established.
B. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein.
C. Boundaries of the Transit Overlay District. The Transit Overlay District shall includes all areas shown
on the Overlay District Map.
D. Permitted and Conditional Uses. Any uses listed within Table C-1, Table of Uses, with a Transit Overlay
District requirement shall only be allowable within the Transit Overlay District.
(1) A use shall be considered to be located within the Transit Overlay District when all portions of a
principal building leased or owned by the use in question are within the boundaries of the Transit Overlay
District.
(2) A use shall only be allowable where a public sidewalk or recreation path connects the use to a
public roadway identified as a transit route on the Transit Overlay District Map in a direct (ie, generally
shortest distance from the use to the roadway) manner. All such accesses must be located within the
Transit Overlay District.
(3) All uses under this section shall be subject to all applicable provisions of the underlying zoning
district.
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10.06 Urban Design Overlay District (UDO)
A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple
design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s
most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. The
Urban Design Overlay District aids in fulfilling the City’s vision for the Southwest quadrant, which is to enable
infill and conversion development, encourage pedestrian movement, serve local and regional shopping and
employment needs, and make use of existing public transportation. The City intends for the applicable areas
to provide safe and inviting access to adjacent neighborhoods.
B. Comprehensive Plan. This section implements the community desires established in the City’s
Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The
corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public
transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential
areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated
development and public activity in these areas.
C. Boundaries & Applicability. This section shall be implemented in accordance with the geography(ies)
shown on the Overlay Districts Map contained in these Regulations.
(1) New construction. In the case of proposed expansions to existing buildings, only the portion of
the building being added or rehabilitate per (2) below shall be subject to compliance with these standards.
Portions of an existing building not being modified may remain as is, provided alterations do not increase
the degree of nonconformity.
(2) Substantial Rehabilitation
(a) Authority to Continue. Nonconforming structures may be continued provided conditions in
this Section are met.
(b) Repairs and Alterations. Repairs and alterations may be performed on any nonconforming
structure, provided they comply with the Code and with the following:
(i) When the total area of alterations to the primary building façade, or to the building façade
that is parallel to and oriented to the street, exceeds 35% of the total area of such building façade,
the alterations shall comply with the entry and glazing standards of the applicable district / overlay
district. For the purposes of this subsection, window and window casing replacement, painting,
adding or removal of siding, and other similar changes shall not be considered alterations. For
multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant
gross floor area exceeds 10,000 square feet.
(ii) Structural alterations involving the replacement, relocation, removal, or other similar
changes to more than 50% of all load bearing wall / pillar elements of a building must comply with
all standards within these Regulations.
(3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important
connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted,
required and permitted. Site design and buildings within designated nodes shall provide a welcoming and
safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and
regulated accordingly.
D. Standards. Except where noted herein, the dimensional standards, use, and other standards of the
underlying Zoning District shall still apply.
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(1) Entries. Buildings on subject properties must have at least one entry facing the primary road in
the corridor. Any such entry shall:
(a) Be an operable entrance, as defined in these Regulations.
(b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front
façade and shall be an easily recognizable feature of the building. Possibilities include accenting front
entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front
doors and side lights, or emphasis through varied color or special materials. This requirement does
not preclude additional principal entry doors.
(c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight
(8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented
access.
(2) Glazing. Windows are key to the overall design of a building and the relationship between its
exterior and interior.
(a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be
transparent.
(b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet.
(c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet.
(3) Dimensional Standards
Height Minimum
(Maximums per underlying zoning district)
Glazing Features Setback
from
ROW
Designated
Primary
Node
2 stories
First stories: minimum of 60%
glazing across the width of the
building facade on primary street;
40% minimum glazing across
width of the façade facing the
secondary street.
Must have
significant
architectural
feature at
corner of corner
building.
Minimum
20 feet
Designated
Secondary
Node
Appearance of
two stories.
Buildings with a
GFA of less than
6,000 SF may be
one story.
First stories shall have a minimum
of 60% glazing across the width of
the building facade on primary
street; 40% minimum glazing
across width of the façade facing
the secondary street.
Must have
significant
architectural
feature at
corner of corner
building.
Minimum
20 feet
All other
properties
No height
minimums
First stories shall have a minimum
of 40% glazing across the width of
the building facade
Minimum
20 feet
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(4) Building Stories, Heights, and Rooftop Apparatus.
(a) Minimum stories of buildings within the Urban Design Overlay District are defined as per
Article 2- Definitions and Section 8.06(F)(1) of these Regulations.
(b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the
Urban Design Overlay District.
(5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping
requirements as per Section 13.06 of these Regulations. Projects are also subject to the following
supplemental standards:
(a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between
properties shall not count towards the minimum landscaping budget.
(b) For lots with buildings which are set back 50 or more feet from the front lot line, at least 50%
of the required landscaping shall be installed between the front building line and the front lot line.
10.07 River Corridor Overlay District (RCO)
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary
to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors; and
(4) Reasonably promote and encourage infill and redevelopment of designated centers that are within
river corridors.
B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
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F. District General Provisions
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying
district or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to
the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such
district, the stricter provision shall apply.
(2) RCO District Boundaries
(a) Section 10.07 shall apply to the Statewide River Corridors in the City of South Burlington,
Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data
based on field-based assessments which are hereby adopted by reference.
(b) On perennial streams with a watershed size greater than half a square mile for which River
Corridors have not been mapped by the State of Vermont, the standards in this Section shall apply to
the area measured as fifty (50) feet from the top of the stream bank or slope, whichever is applicable
based on a field determination consistent with the Vermont ANR Flood Hazard and River Corridor
Protection Procedure.
(c) Requests to update a river corridor map shall be in accordance with the procedure laid out in
the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) Jurisdictional Determination and Interpretation
The information presented on any maps, or contained in any studies, adopted by reference, is
presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the
boundary on the property shall be determined by the Administrative Officer (AO). If the applicant
disagrees with the determination made by the AO or the river corridor as mapped, the applicant has
the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District
The following are prohibited in the RCO District
(a) New structures, fill, accessory dwellings and any other development that is not expressly listed as
at least one of the Exempted Activities or Permitted Development as described below.
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(2) Exempted Activities
The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change
to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not
include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel to the
river is not exempt and shall meet the Development Standards in section 10.07(I) below), dams, dry
hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that
are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required,
under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont
Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water
Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the
Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food
and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the
farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the
proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. §
248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance with
24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs.
(a) Construction of or additions to accessory structures that do not exceed, cumulatively, 500 square
feet, and are not used for habitation.
(b) Improvements to existing utilities that are within or immediately adjacent to an existing right of
way and serve a building.
(c) Replacement of on-site septic systems.
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ARTICLE 10 OVERLAY DISTRICTS
South Burlington Land Development Regulations
(d) Construction of or additions to an unenclosed deck or patio attached to an existing structure,
where such construction or additions are cumulatively 200 square feet or less and are located no less than
100 feet from the top of bank (or top of slope, if applicable).
(e) River or floodplain restoration projects that do not involve fill, structures, utilities, or other
improvements, and which the ANR Regional Floodplain Manager has confirmed in writing are designed to
meet or exceed the applicable standards in this bylaw.
H. Development Review Classification & Referral to Outside Agencies
(1) A zoning permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain and River Corridor Definitions), in the River Corridor Overlay District. All permits
shall require that a permittee have all other necessary permits from state and federal agencies before
work may begin.
(a) If a permitted development activity listed in subsection G(3) above meets the criteria for infill
development and/or certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b),
below, then the activity shall require an administrative review by the AO and may receive a Zoning
Permit from the AO.
(b) If permitted development activity listed in subsection G(3) above does not meet the criteria
for infill development and certain non-habitable and accessory structures in subsections I(2)(a) or
I(2)(b) then the proposal shall be reviewed by the Development Review Board as a Conditional Use
and the DRB must find that the proposed development meets the River Corridor Performance
Standard outlined in subsection I(2)(c) prior to issuance of a Zoning Permit by the AO.
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for new construction or a substantial improvement,
the Administrative Officer shall submit a copy of the application and supporting information to the
State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural
Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of
comments from the Agency, or the expiration of 30 days from the date the application was mailed to
the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
I. Development Standards.
The criteria below are the minimum standards for development in the RCO District. Where more than one
district is involved, the most restrictive standard shall take precedence.
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(1) Development within designated centers shall be allowed within the river corridor if the
applicant can demonstrate that the proposed development will not be any closer to the river than
existing adjacent development.
(2) Development outside of designated centers shall meet the following criteria:
(a) Infill Development must be located no closer to the channel than the adjacent existing principal
buildings, within a gap that is no more than 300 feet (see Figure 1); or,
(b) Down River Shadow: A non-habitable addition (garage, deck, patio, stairs, etc.) to an existing
habitable structure, or an accessory structure that is adjacent to an existing structure, shall be located in
the shadow area directly behind and further from the channel than the existing structure, or within 50
feet of the downstream side of the existing habitable structure and no closer to the top of bank or slope,
as applicable. Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
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South Burlington Land Development Regulations
(c) River Corridor Performance Standard.
(i) The proposed development shall:
a. not be placed on land with a history of fluvial erosion damage or that is imminently threatened
by fluvial erosion; and,
b. not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium conditions; and,
c. not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(ii) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including:
a. Description of why the criteria for infill development and certain non-habitable and
accessory structures in sub sections I(2)(a) and I(2)(b) above cannot be met;
b. Data and analysis from a consultant qualified in the evaluation of river dynamics and
erosion hazards;
c. Comments provided by the DEC Regional Floodplain Manager on whether the
proposal meets the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Project Review Sheet. A Vermont Agency of Natural Resources Project Review Sheet. The Project
Review Sheet shall identify all State and Federal agencies from which permit approval is required for the
proposal and shall be filed as a required attachment to the municipal permit application. The identified
permits, or letters indicating that such permits are not required, shall be submitted to the Administrative
Officer and attached to the zoning permit before work can begin.
(3) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 10.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 10.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
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(4) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
10.07 of this bylaw.
K. Permit Conditions
Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee from
actively managing the applicable section of river solely to protect the public water access from lateral river
channel adjustment.
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ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
South Burlington Land Development Regulations
11 TRANSECT ZONE STREET TYPOLOGIES
11.01 Applicability
A. General. This Article provides standards which shall be followed for the construction of new streets
and reconstruction of existing streets within the City Center Form Based Codes District and is intended to
provide a catalog of preapproved street types. Article 15 contains additional applicable standards.
B. Specific Requirements and Modifications. All streets shall be constructed with sidewalks, greenbelts,
bike facilities, medians, travel lanes, and on-street parking as specified for each street type, unless an
alternative is approved by the Development Review Board, as specifically authorized within Section 11.06.
C. Review Authority. Notwithstanding any provision to the contrary within these Land Development
Regulation, authority under this Article 11 assigned to the Development Review Board shall be reviewed by
Development Review Board.
11.02 Street Types
A. Intent and Purpose. The community role and traffic tolerance is the intent and purpose of each street
type in South Burlington and should be considered throughout the design process.
B. Intended Uses and Activities. Intended uses and activities are the most likely uses of the street as
envisioned by the community. The arrangement from left to right shall be the order in which the listed
competing uses and activities are weighed and considered in deciding the appropriate street type and aspects
of the design of the street.
C. Standards. Street Design standards Tables 15-1 – 15.1E and Article 11 of these Regulations specify the
street design standards that shall be followed in designing, redesigning, modifying, or reconstructing a street,
except as follows:
(1) Street, streetscape and any other construction or improvements along or within the existing or
proposed right-of-way for Market Street, Garden Street and Midas Drive and for the Williston Road
intersections of Midas Street/White Street and Patchen Road/Hinesburg Road shall conform to
engineered plans developed by the City and as modified by the Director of Public Works.
11.03 New Streets
A. Where a proposed street is required, it shall be constructed in conformance with the applicable street
type standards
B. Determination of applicable street types. The applicable street type standards for each section of
roadway shall be determined as follows:
(1) Any street type listed for a specific section of roadway on the Official Zoning Map shall be the
applicable street type for the purposes of these regulations.
(2) Any street type listed for a specific section of roadway on the Official Map shall be the applicable
street type for the purposes of these regulations
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(3) Where a new street, pedestrian pass, mid-block lane, or other similar roadway is required or
proposed, the Development Review Board shall determine the applicable street type.
(a) Any such determination shall be based upon a review of supporting documentation from the
applicant (or City, at its discretion) which shall consist, at a minimum, of the following information:
(i) A statement of the proposed street type and specific reasons for the choice of proposed
street type;
(ii) The project traffic volumes, including trucks, pedestrians, and bicyclists, and other
relevant information; and,
(iii) A statement of compatibility with the present and anticipated improvements to adjacent
roadway sections.
(b) In makings its determination, the DRB shall consider the following:
(i) Only street types listed as “allowable street types” in the relevant Building Envelope
Standards shall be eligible;
(ii) The intent of the potentially applicable street typologies;
(iii) The anticipated adjacent development patterns;
(iv) Planned, proposed, or anticipated connections and extensions from existing roads;
(v) Facilities needed to accommodate anticipated users, including vehicles, pedestrians, and
cyclists;
(vi) Long range studies, capital plans, the Comprehensive Plan, and related planning & policy
documents prepared by or with the City of South Burlington; and
(vii) Recommendations from the Public Works and Planning & Zoning Departments
11.04 Existing Streets
A. Extension or Substantial Rebuilding. An existing street shall not be extended or substantially rebuilt,
as determined by the Development Review Board as applicable, except in conformance with this Article and
Article 15.
B. Minimum Requirements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in Section 8.09 (D) of these Regulations, whether conforming or non-
conforming, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees,
benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard.
Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to
meet the requirements of these Regulations.
C. Maintenance. Street repairs undertaken as part of an annual operating budget are not subject to
meeting the street type standards.
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11.05 Design Controls
A. Design Speed and Design Vehicle. The specified design speed and design vehicle shall be applied as
design controls, unless an alternative is approved by the Development Review Board based on site specific
considerations. Target speed shall not be used as a design control per se, but should guide decisions within
the given range of potential values based on the selected design speed.
B. Bikeways. Where another plan or ordinance specifies a higher class of bikeway, said document shall
supersede the typology.
C. Curb Radii. The physical curb radius may be greater than the specified range, but only if the effective
radius remains within the range. Example: where a bump-out or neck-down extends the curb.
D. Bus Routes. When the specified design vehicle is smaller than the transit vehicle on street segments
occupied by either operating or planned fixed route service, the design vehicle shall be adjusted to match the
transit vehicle. However, the design of the curb radii should only be altered at corners affected by routine
turning movements by the transit vehicle.
E. Wetlands and Conservation Areas. Where any street type crosses a wetland or traverses a
conservation area on both sides of the right-of-way, the minimum pavement width of that section of the street
may be reduced to 18’.
F. Cross Section Graphics. The cross sections depicted for each street type do not specify the required
cross section for that street type. The cross section graphics depict a typical envisioned street design based
on the dimensional standards.
11.06 Modifications
A. General. The Development Review Board may specifically authorize modification of the City’s
Roadway standards in the Transect Zone Street Typologies. Any such authorization shall be based upon a
review of a specific request from the applicant or the City which shall consist, at a minimum, of the following
information:
(1) A statement as to the specific design standard or feature for which a modification is requested
and a discussion of each proposed feature of the project which does not comply with the standards;
(2) The significant reason(s) why the cited standard cannot be achieved;
(3) Estimated costs to construct to the standard and to the proposed design (if available);
(4) The project traffic volumes, including trucks, pedestrians, and bicyclists, and other relevant
information;
(5) A statement of compatibility with the present and anticipated improvements to adjacent sections;
(6) A review of accident data for the site to determine if the types of accidents occurring are or may
be related to the proposed feature;
(7) A discussion of practical countermeasures that will be employed to reduce the frequency and
severity of future accidents; and,
(8) A statement of recommended action, including other mitigating features as appropriate.
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ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
South Burlington Land Development Regulations
B. Determination. In makings its determination, the DRB shall consider the following:
(1) The purpose of the Transect Zone in which the project is located;
(2) The intent of the applicable street typology;
(3) The minimum street standards needed to accommodate the stated design vehicle; and,
(4) Recommendations from the Department of Public Works, the Fire Department, and the
Department of Planning & Zoning as appropriate.
Any modification shall represent the least deviation possible from the purpose and intent of the minimum
design vehicle standards.
11.07 Street Typologies
Symbology & Notes
Intended Uses & Activities
Pedestrians
Bicycling
Play
Personal Vehicle Traffic
Truck & Freight Traffic
Free or Metered Parking
School Bus Traffic
Transit Traffic, Boarding, & Alighting
Deliveries
Outdoor Dining & Cafés
Shopping
Postal Service
Utilities
Rubbish & Recycling
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Intended Uses & Activities
Order of Consideration
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ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Lane
A (Sidewalk Width) Not Applicable
B (Greenbelt Width) 8’ Max
C (Parking Ln Width) N/A
D (Travel Ln Width) see pavement width
E (Pavement Width) 10’ (assuming buildings have
access from another street with 20’
pavement)
F (Street ROW Width) 33’ Min
Target Speed 15 mph
Design Speed 25 mph
Design Vehicle P (Passenger Car)
# Through Lanes 1-2 Lane
Sidewalk Type Shared with Pavement
Curbing Vertical Faced Curb or Shared
Space
Curb Radius 15’ Max
One-Way Traffic Permitted
Center/Left Turn Ln Not Permitted
Median Not Permitted
Min Bicycle Facility Shared with Pavement
On-St Bike Parking Not Required
Transit Facilities Not Permitted
On-Street Parking Not Permitted
Ownership Public or Private
Role in Community
A Lane is an extremely narrow residential
street, lasting at most a few blocks,
sometimes containing a bend. Its purpose
is to create an intimate residential
environment; often where through traffic
would be illogical.
Congestion Tolerance
Motor vehicle use primarily for
neighborhood residents.
F
C & D
E
B B
Page 207
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Neighborhood Street - Narrow
A (Sidewalk Width) 5’ Min
B (Greenbelt Width) 6’ Min
C (Parking Ln Width) Not Permitted
D (Travel Ln Width) 9’ Min, 10’ Max
E (Pavement Width) 20’ Min, 22’ Max ‡
F (Street ROW Width) 50’ Min
Target Speed 15 to 20 mph
Design Speed 25 mph
Design Vehicle P (Passenger Car)
# Through Lanes 2 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Permitted
Center/Left Turn Ln Not Permitted
Median Permitted only as Traffic Control
Device or Gateway
Min Bicycle Facility Practice of Share the Road
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Not Permitted
Ownership Public or Private
Role in Community
Narrow Streets are a special residential
street type within the local street
network that provides for greater
intimacy and ambiance as well as traffic
calming because of its limited width. Its
application should be targeted to areas
where through trips are undesirable or
unlikely and where parallel alternative
routes are accessible.
Congestion Tolerance
Motor vehicle use primarily for
neighborhood residents.
F
C & D
E
A ABB
‡ Removal of the curb requirement may
be administratively granted. If no curb is
required then minimum pavement width
shall increase by 2’ EACH side
Page 208
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Neighborhood Street
A (Sidewalk Width) 5’ Min
B (Greenbelt Width) 6’ Min
C (Parking Ln Width) 8’
D (Travel Ln Width) 9’ Min, 10’ Max
E (Pavement Width) 20’ Min, 28’ Max ‡
F (Street ROW Width) 50’ Min
Target Speed 20 to 25 mph
Design Speed 25 mph
Design Vehicle DL-23 (Delivery Vehicle)
# Through Lanes 2 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb ‡
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Not Permitted
Median Permitted only as Traffic Control
Device or Gateway
Min Bicycle Facility Practice of Share the Road
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Parallel **
Ownership Public or Private
Role in Community
Neighborhood Streets are the default
street type for residential areas and form
the basic structure of the local street
network.
Congestion Tolerance
Maintain very low traffic volumes.
F
C & D
E
A ABB
‡ Removal of the curb requirement may be
administratively granted. If no curb is required
then minimum pavement width shall increase
by 2’ EACH side
** Standard is not required. Only permitted on
one side of the street if included
Page 209
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Neighborhood Street - Bike Boulevard
A (Sidewalk Width) 5’ Min
B (Greenbelt Width) 6’ Min
C (Parking Ln Width) N/A
D (Travel Ln Width) 9’ Min, 10’ Max
E (Pavement Width) 28’ Min, 36’ Max
F (Street ROW Width) 50’ Min
Target Speed 20 to 25 mph
Design Speed 25 mph
Design Vehicle P (Passenger Car)
# Through Lanes 2 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Not Permitted
Median Permitted only as Traffic Control
Device or Gateway
Min Bicycle Facility Bike Lanes, 5’
On-St Bike Parking See Building Envelope Standards
Transit Facilities Not Permitted
On-Street Parking Not Permitted
Ownership Public or Private
Role in Community
Bike Boulevards are a special residential
street type which is meant to prioritize
and to facilitate the movement of
bicyclists from neighborhood to
neighborhood and from neighborhood to
destination.
Congestion Tolerance
Motor vehicle use primarily for
neighborhood residents.
F
C & D
E
A ABB
Page 210
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
A (Sidewalk Width) 5’ Min
B (Greenbelt Width) 5’ Min
C (Parking Ln Width) 8’ *
D (Travel Ln Width) 9’ Min, 11’ Max
E (Pavement Width) 20’ Min
F (Street ROW Width) 40’ Min
Target Speed 15 mph
Design Speed 25 mph
Design Vehicle SU-30 (Single Unit Truck)
# Through Lanes 2 Lanes
Sidewalk Type Full or Ribbon Sidewalk
Curbing Vertical Faced Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Not permitted
Center/Left Turn Ln Not Permitted
Median Permitted only as Gateway or
Pedestrian Refuge Island
Min Bicycle Facility Bike Lane or Cycletrack ‡
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Parallel or Angled †
Ownership Private
Role in Community
A Private Commercial Way is a special
street type intended to serve internal
access needs for commercial properties.
These are intended to be entirely private
in ownership. Bicycle facilities may be
provided separate from the street. No
right-of-way is required.
Congestion Tolerance
Significant delay is acceptable at peak
periods.
Private Commercial Way
F
C & D
E
A ABB
* Standard is not required
† Standard applies only to parallel parking.
Dimensional standards contained in Table
13-8 of the LDR shall apply to the design of
angled parking
‡ Bicycle Facilities may be provided
separately from the street up to 200’ linear
distance.
Page 211
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Support Street
A (Sidewalk Width) 6’ Min, 16’ Max
B (Greenbelt Width) 5’ Min
C (Parking Ln Width) 8’ Max †
D (Travel Ln Width) 9’ Min, 12’ Max
E (Pavement Width) 36’ Min, 66’ Max
F (Street ROW Width) 60’ Min
Target Speed 15 to 20 mph
Design Speed 30 mph
Design Vehicle SU-30 (Single Unit Truck)
# Through Lanes 1 or 2 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Permitted
Center/Left Turn Ln Permitted
Median Permitted only as Refuge Island
Min Bicycle Facility Shared Lane
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Parallel or Angled †
Ownership Public or Private
Role in Community
Support Streets are side streets parallel or
perpendicular from primary thoroughfares
with higher levels of activity (Destination
Streets, Commercial Streets, Avenues,
or Commercial Boulevards). Support
Streets allow for a harmonious transition
from high activity along the primary
thoroughfare into the surrounding land
use context. Support Streets provide
space for deliveries and additional on-
street parking, especially where those
uses may be constrained on the primary
thoroughfare.
Congestion Tolerance
Significant delay is acceptable at peak
periods.
Greenbelt
The greenbelt may consist principally
of hardscape elements but must include
sufficient access to soil for required trees.
F
C
E
A ABB
CDD
† Standard applies only to parallel parking.
Dimensional standards contained in Table 13-8 of
the LDR shall apply to the design of angled parking.
Page 212
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Commercial Street
A (Sidewalk Width) 10’ Min, 16’ Max
B (Greenbelt Width) 4’ Min
C (Parking Ln Width) 8’ Max †
D (Travel Ln Width) 10’ Min, 11’ Max
E (Pavement Width) 33’ Min, 46’ Max (not including
median)
F (Street ROW Width) 66’ Min
Target Speed 20 to 30 mph
Design Speed 25 mph
Design Vehicle SU-30 (Single Unit Truck)
# Through Lanes 2 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Permitted
Median Permitted
Min Bicycle Facility Shared Lane or Bike Lane
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Parallel or Angled †
Ownership Public or Private
Role in Community
Commercial Streets are thoroughfares of
moderate vehicular capacity at low speed.
Located outside of the core of City Center,
Commercial Streets provide neighborhood
commercial services and are lined with
businesses such as restaurants, retail, services,
and some offices. This thoroughfare type
is sometimes equipped with a landscaped
median and should be designed to balance the
needs of vehicles with those of pedestrians and
bicyclists.
Congestion Tolerance
Significant delay is acceptable at peak periods.
Greenbelt
The greenbelt may consist principally of
hardscape elements but must include sufficient
access to soil for required trees.
Medians
Medians measuring 9’ or more in width shall be
planted with street trees at an average spacing
of no more than 50’ on center.
F
C
E
A ABB
CDD
† Standard applies only to parallel parking.
Dimensional standards contained in Table 13-8 of the
LDR shall apply to the design of angled parking.
Page 213
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Avenue
A (Sidewalk Width) 6’ Min, 10’ Max
B (Greenbelt Width) 6’ Min, 12’ Max
C (Parking Ln Width) 8’ Max*
D (Travel Ln Width) 10’ Min, 12’ Max
E (Pavement Width) 36’ Min, 80’ Max
F (Street ROW Width) 66’ Min
Target Speed 25 to 30 mph
Design Speed 30 mph
Design Vehicle SU-30 (Single Unit Truck)
# Through Lanes 2 to 4 Lanes
Sidewalk Type Rec path on one side; sidewalk on
other
Curbing Vertical Faced Curb
Curb Radius 10’ Min, 20’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Permitted
Median Permitted
Min Bicycle Facility Bike Lane or Cycletrack
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Parallel*
Ownership Public
Role in Community
Avenues are major thoroughfares meant
to provide expedient connections between
neighborhoods, commercial areas, and
regional destinations. This thoroughfare
should be designed to safely and
conveniently facilitate medium and longer
distance trips for drivers, pedestrians,
bicyclists, and transit riders, while
also serving as aesthetically pleasing
gateways for the community.
It is required that one of the sidewalks be
a 10’ rec path.
Congestion Tolerance
Minor to moderate delay is acceptable at
peak periods.
Medians
Medians measuring 9’ or more in width
shall be planted with street trees at an
average spacing of no more than 50’ on
center.
F
E
A ABB
D D
* Standard is not required
Page 214
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Commercial Boulevard
A (Sidewalk Width) 5’ Min, 20’ Max
B (Greenbelt Width) 8’ Min, 16’ Max
C (Parking Ln Width) Not Permitted
D (Travel Ln Width) 11’ Min, 12’ Max
E (Pavement Width) 36’ Min, 80’ Max
F (Street ROW Width) 80’ Min
Target Speed 30 mph
Design Speed 35 mph
Design Vehicle WB-50 (Semi-trailer)
# Through Lanes 2 to 4 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb
Curb Radius 15’ Min, 25’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Permitted only within medians
Median Required
Min Bicycle Facility Buffered Bike Lane or Cycletrack
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Not Permitted
Ownership Public
Role in Community
A commercial boulevard is a major
thoroughfare meant to provide access
to principal commercial concentrations
and other predominantly automobile
orientated land uses. While Commercial
Boulevards serve as conduits for
through traffic and as the origin and
destination of many motor vehicle trips,
they also provide safe and enjoyable
accommodations for pedestrian, bicycle,
and transit trips.
Congestion Tolerance
Moderate delay is acceptable at peak
periods; considerable ingress and egress
is expected from adjacent land uses.
Medians
Medians measuring 9’ or more in width
shall be planted with street trees at an
average spacing of no more than 50’ on
center.
F
E
A ABB
DDDD
Page 215
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Destination Street
A (Sidewalk Width) 12’ Min
B (Greenbelt Width) 5’ Min
C (Parking Ln Width) 8’ †
D (Travel Ln Width) 9’ Min, 11’ Max
E (Pavement Width) 22’ Min, 66’ Max
F (Street ROW Width) 66’ Min
Target Speed 15 mph
Design Speed 25 mph
Design Vehicle DL-23 (Delivery Vehicle)
# Through Lanes 2 Lanes
Sidewalk Type Sidewalk
Curbing Vertical Faced Curb or Shared
Space
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Not permitted
Center/Left Turn Ln Not Permitted
Median Permitted only as Traffic Control
Device or Gateway
Min Bicycle Facility Shared Lane
On-St Bike Parking See Building Envelope Standards
Transit Facilities Permitted
On-Street Parking Parallel or Angled †
Ownership Public or Private
Role in Community
A Destination Street is meant to serve as
the front door of a multi-use destination
of greater than normal significance to the
community. A Destination Street should
serve as an intuitive and special place
for social gathering, shopping, dining,
entertainment, and events that may or
may not require the street to be closed
temporarily to motor vehicle traffic. Traffic
should naturally move slowly due to a high
density of pedestrians and activities.
Congestion Tolerance
Gridlock is acceptable at peak periods.
Greenbelt
The greenbelt may consist principally
of hardscape elements but must include
sufficient access to soil for required trees.
F
C
E
A ABB
CDD
† Standard applies only to parallel parking.
Dimensional standards contained in Table 13-8
of the LDR shall apply to the design of angled
parking.
Page 216
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Rural Drive
A (Sidewalk Width) N/A
B (Greenbelt Width) N/A
C (Parking Ln Width) Not Permitted
D (Travel Ln Width) N/A
E (Pavement Width) 20’ Min, 22’ Max
F (Street ROW Width) 50’ Min
Target Speed 20 to 30 mph
Design Speed 25 to 30 mph
Design Vehicle P (Passenger Car)
# Through Lanes 1 or 2 Lanes
Sidewalk Type Sidewalk*
Curbing No Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Not Permitted
Median Not Permitted
Min Bicycle Facility Not Required
On-St Bike Parking Not Required
Transit Facilities Not Permitted
On-Street Parking Not Permitted
Ownership Public or Private
Role in Community
A Rural Drive is a rural, slower-speed
residential road providing local access or
routes for scenic recreational cycling. Rural
Drives can be either paved or unpaved as
appropriate.
Congestion Tolerance
Motor vehicle use primarily for neighborhood
residents and recreation cyclists.
F
D
E
D
* Standard is not required
Page 217
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
A (Sidewalk Width) 10’ Min*
B (Greenbelt Width) 5’ Min*
C (Parking Ln Width) Not Permitted
D (Travel Ln Width) 11’ Min, 12’ Max
E (Pavement Width) 22’ Min
F (Street ROW Width) 50’ Min
Target Speed 30 to 40 mph
Design Speed 30 to 45 mph
Design Vehicle P (Passenger Car)
# Through Lanes 2 Lanes
Sidewalk Type Rec Path
Curbing Not Specified
Curb Radius 15’ Min, 30’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Permitted for Left Turns
Median Permitted
Min Bicycle Facility 5’ Min Bike Lane Each Side, may
be required to be wider on steep
grades; may also be an off-street
rec path within 100’ of street
On-St Bike Parking Not Required
Transit Facilities Permitted
On-Street Parking Not Permitted
Ownership Public
Role in Community
A Rural Connector is a street providing
additional connectivity and access to
the swaths of land between the few major
thoroughfares crossing rural areas.
Congestion Tolerance
Moderate delay is acceptable at peak periods.
* Standard is not required
A B
F
D
E
D
Rural Connector
Page 218
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Rural Highway
A B
F
D
E
A (Sidewalk Width) 10’ Min*
B (Greenbelt Width) 10’ Min*
C (Parking Ln Width) Not Permitted
D (Travel Ln Width) 11’ Min, 13’ Max
E (Pavement Width) 22’ Min
F (Street ROW Width) 50’ Min
Target Speed 30 to 40 mph
Design Speed 30 to 45 mph
Design Vehicle WB-50 (Semi-trailer)
# Through Lanes 2 Lanes
Sidewalk Type Rec Path
Curbing Not Specified
Curb Radius 15’ Min, 30’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Permitted for Left Turns
Median Permitted
Min Bicycle Facility 5’ Min Each Side
On-St Bike Parking Not Required
Transit Facilities Permitted
On-Street Parking Not Permitted
Ownership Public
Role in Community
A Rural Highway is a major thoroughfare
providing regional mobility at the edges of
developed areas. As infill comes to the abutting
parcels, the highway should transition into an
appropriate urban street type.
Congestion Tolerance
Minor delay is acceptable at peak periods.
D
Page 219
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Industrial Access Road
A (Sidewalk Width) 10’ Min
B (Greenbelt Width) 5’ Min
C (Parking Ln Width) Not Permitted
D (Travel Ln Width) 11’ Min, 13’ Max
E (Pavement Width) 22’ Min
F (Street ROW Width) 60’ Min
Target Speed 20 to 25 mph
Design Speed 25 to 30 mph
Design Vehicle WB-50 (Semi-trailer)
# Through Lanes 2 Lanes
Sidewalk Type Rec Path
Curbing Not Specified
Curb Radius 15’ Min, 30’ Max
One-Way Traffic Not Permitted
Center/Left Turn Ln Permitted
Median Permitted
Min Bicycle Facility Street Rec Path
On-St Bike Parking Not Required
Transit Facilities Permitted
On-Street Parking Not Permitted
Ownership Public or Private
Role in Community
An Industrial Access Road is a road providing
access to industrial sites which facilitates
the movement of goods, but also provides a
safe and comfortable route for employees and
customers regardless of travel mode.
Congestion Tolerance
Minor to moderate delay is acceptable at peak
periods; considerable ingress, egress, and truck
traffic is expected.
A B
F
D
E
D
AB
Page 220
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
A (Sidewalk Width) N/A
B (Greenbelt Width) N/A
C (Parking Ln Width) N/A
D (Travel Ln Width) N/A
E (Pavement Width) 8’ Min, 24’ Max
F (ROW Width) N/A
Target Speed N/A
Design Speed N/A
Design Vehicle Pedestrian
# Through Lanes N/A
Sidewalk Type N/A
Curbing No Curb
Curb Radius N/A
One-Way Traffic N/A
Center/Left Turn Ln N/A
Median N/A
Min Bicycle Facility Location and Directional
Markings*
On-St Bike Parking Regularly Spaced Racks
Transit Facilities N/A
On-Street Parking N/A
Ownership Private
Role in Community
Pedestrian passes are narrow pedestrian
right of ways that cut through blocks in
residential and/or commercial areas.
Pedestrian passes allow for pedestrian
shortcuts, add additional network
connectivity, provide access to businesses
and dwellings, and/or provide secondary
or rear entrances. Pedestrian passes may
include landscaping, seating, and other
amenities, as such, a pedestrian pass may
feel more like a public square or park.
Congestion Tolerance
Prohibit motor vehicles.
F
E
* Standard is not required
Pedestrian Pass
Page 221
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Path
A (Sidewalk Width) N/A
B (Greenbelt Width) N/A
C (Parking Ln Width) N/A
D (Travel Ln Width) N/A
E (Pavement Width) 10’ Min, 14’ Max
F (ROW Width) 20’ Min
Target Speed N/A
Design Speed N/A
Design Vehicle Bicycles & Pedestrians
# Through Lanes N/A
Sidewalk Type N/A
Curbing No Curb
Curb Radius N/A
One-Way Traffic N/A
Center/Left Turn Ln N/A
Median N/A
Min Bicycle Facility Location and Directional
Markings*
On-St Bike Parking N/A
Transit Facilities N/A
On-Street Parking N/A
Ownership Public or Private
Role in Community
Paths are right of ways reserved
exclusively for non-motorized users
(pedestrians, bicyclists, skaters, runners,
etc). Paths serve primarily as recreational
corridors, but can serve as transportation
corridors when designed to connect
conveniently to residential, civic,
commercial, and/or industrial land uses.
Congestion Tolerance
Prohibit motor vehicles.
F
E
* Standard is not required
Page 222
Intended Uses & Activities
Order of Consideration
South Burlington Land Development Regulations
ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES
Alley
A (Sidewalk Width) N/A
B (Greenbelt Width) N/A
C (Parking Ln Width) N/A
D (Travel Ln Width) N/A
E (Pavement Width) 16’ Min., 20’ if for Fire Access
F (ROW Width) N/A
Target Speed 10 mph
Design Speed N/A
Design Vehicle DL-23 (Delivery Vehicle)
# Through Lanes 1 Lane
Sidewalk Type N/A
Curbing No Curb
Curb Radius 5’ Min, 15’ Max
One-Way Traffic Permitted
Center/Left Turn Ln Not Permitted
Median N/A
Min Bicycle Facility Not Required
On-St Bike Parking Not Required
Transit Facilities Not Permitted
On-Street Parking Not Permitted
Ownership Private
Role in Community
Alleys provide rear access to residential
and commercial properties and a space
for parking, utilities, sanitation, and other
uses that might otherwise degrade the
public realm if located before the frontage.
Congestion Tolerance
Prevent motor vehicle traffic other than for
rear access.
F
E
Page 223
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations
12 SURFACE WATER PROTECTION STANDARDS
12.01 General Stream and Surface Water Protection Standards
12.02 Wetland Protection Standards and Review Procedures
12.03 Stormwater Management Standards
12.04 Stormwater Management Overlay District (SMO) [Reserved]
12.01 General Stream and Surface Water Protection Standards
A. Purpose. It is the purpose of this Section to provide for the protection and improvement of the surface
waters and streams within the City of South Burlington, Lake Champlain and Shelburne Bay, and the
watersheds contained wholly or partially within the City. These regulations and standards are intended to lead
to the establishment and protection of natural areas along the City’s surface waters to provide improved
protection for water quality and the provision of open space areas and wildlife habitat. It is the further purpose
of this Section to provide for the retention of preexisting residential neighborhoods located along Lake
Champlain and Potash Brook in a manner consistent with the resource protection goals of this Section and
the Comprehensive Plan.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Surface Water Buffer Standards (“Stream Buffers”)
(1) Applicability. The requirements of this Section shall apply to all lands described as follows:
(a) All land within one hundred (100) feet horizontal distance of the centerline of Muddy Brook
and the main stem of Potash Brook.
(b) All land within one hundred (100) feet horizontal distance of the edge of the channel of the
Winooski River
(c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream
(d) All land within ten (10) feet horizontal distance of the centerline of a drainage way
(e) Land within or abutting the high-water elevation of Lake Champlain, which for the purposes
of these regulations shall be one hundred two (102) feet above mean sea level datum.
(2) General standards. It is the objective of these standards to promote the establishment of heavily
vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce
sedimentation, and increase infiltration and base flows in the City’s streams and Lake Champlain.
Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3),
(C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above shall be left in an
undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate
species of vegetation to achieve these objectives shall be permitted. The specific standards for the
vegetation and maintenance of stream buffers are as follows:
(a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events,
or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in
conjunction with DRB approval pursuant to (3) or (4) below.
Page 224
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations
(b) Any areas within a required stream buffer that are not vegetated or that are disturbed during
construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and
shall not be mowed.
(c) The creation of new lawn areas within stream buffers is not permitted after the effective date
of these regulations.
(d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within
stream buffers unless the applicant can demonstrate that:
(i) There is no reasonable alternative location for snow storage on the same property.
(ii) Measures such as infiltration areas have been incorporated into the site plan and/or
stormwater treatment system to reduce the potential for erosion and contaminated runoff
entering the associated stream as a result of snow melt.
(e) The placing or storing of cut or cleared trees and other vegetation within the stream buffer is
prohibited.
(3) Expansion of pre-existing structures within stream buffers. The expansion of pre-existing
structures within stream buffers, except as provided in Section D below, shall be permitted only in
accordance with the standards for non-complying structures in Article 3, Section 3.11 of these
Regulations.
(4) New uses and encroachments within stream buffers. The encroachment of new land
development activities into the City’s stream buffers is discouraged. The DRB may authorize the following
as conditional uses within stream buffers, subject to the standards and conditions enumerated for each
use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate
conditional use review.
(a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any
building or structure appurtenant to such uses is located outside the stream buffer.
(b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly
necessitated for the construction or safe operation of a permitted or conditional use on the same
property and where the DRB finds that:
(i) There is no practicable alternative to the clearing, filling or excavating within the stream
buffer; and
(ii) The purposes of this Section will be protected through erosion controls, plantings,
protection of existing vegetation, and/or other measures.
(c) Encroachments necessary to rectify a natural catastrophe for the protection of the public
health, safety and welfare.
(d) Encroachments necessary for providing for or improving public facilities.
(e) Public recreation paths, located at least twenty five (25) feet from the edge of channel of the
surface water.
(f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources
stormwater treatment standards, and routine maintenance thereof, including necessary clearing of
vegetation and dredging. Evidence of a complete application to the VANR for coverage under the
applicable permitting requirements shall be required to meet this criterion for encroachment into a
stream buffer.
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(g) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land
on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in
cases where there is no feasible alternative for providing safe access and the roadway or access drive
is located at least twenty five (25) feet from the edge of the channel of the surface water for all water
bodies listed in section 10.01(C)(1)(a) and (b) and ten (10) feet from the edge of channel of the surface
water of all other streams.
(h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to
cross or encroach into the stream buffer where there is no feasible alternative for providing or
extending utility services.
(i) Outdoor recreation, provided any building or structure (including parking and driveways)
appurtenant to such use is located outside the stream buffer.
(j) Research and educational activities provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the stream buffer.
(k) Hydro-electric power generation
D. Pre-Existing Structures along Lake Champlain and within Queen City Park
(1) Applicability. The provisions of this section shall apply to preexisting structures within the areas
defined as follows:
(a) All lands within one hundred fifty (150) feet horizontal distance of the high water elevation of
Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above
mean sea level datum;
(b) All lands within the Queen City Park zoning district located within one hundred (100) feet
horizontal distance of the centerline of Potash Brook.
D. Erosion control measures and water-oriented development along Lake Champlain. The
installation of erosion control measures and water-oriented development within or abutting the high-water
elevation of Lake Champlain, may be approved by the DRB as a conditional use provided the following
standards are met:
(a) The improvement involves, to the greatest extent possible, the use of natural materials such
as wood and stone.
(b) The improvement will not increase the potential for erosion.
(c) The improvement will not have an undue adverse impact on the aesthetic integrity of the
lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings or
other additional information relevant and necessary to evaluating the visual impact of the proposed
improvement.
(d) A landscaping plan showing plans to preserve, maintain and supplement existing trees and
ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and
vegetative buffer for the lake and/or stream.
E. Potash Brook Tributary 3 Requirements. For lands located within one hundred fifty (150) feet
horizontal distance of Tributary 3 of Potash Brook, as delineated in the Potash Brook Watershed Restoration
Plan, the DRB shall have the authority to invoke technical review of proposed land development activities
requiring DRB approval. Such technical review shall have the specific purpose of recommending site plan,
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stormwater and landscaping measures that will ensure that land development activities are consistent with
the City’s overall plan for ecosystem restoration in the Tributary 3 watershed.
F. Landscaping and Maintenance Standards within Stream Buffers [reserved]
G. Watercourse Alteration and Relocation.
(1) The alteration or relocation of a watercourse is permitted subject to the approval of the
Development Review Board provided the alteration or relocation:
(a) Is needed to accomplish a clear public purpose or objective;
(b) Will not reduce the ability of the watercourse to carry or store flood waters adequately;
(c) Will not have an adverse impact on downstream or upstream water quality;
(d) Will not affect adversely the use and enjoyment of adjacent properties;
(e) Will not affect adversely the habitat value of the watercourse or immediately adjacent areas
or wetlands.
(2) In making findings relative to these criteria, the DRB shall be authorized to invoke technical review
by a professional in hydrology or geomorphology, and/or to rely on the issuance of a Stream Alteration
Permit issued by the Vermont Department of Environmental Conservation as evidence that the above
criteria have been met.
(3) The South Burlington Natural Resources Committee shall in a timely manner review and make
advisory comments to the DRB on any application made pursuant to this section.
12.02 Wetland Protection Standards and Review Procedures
A. Purpose. It is the purpose of this Section to provide appropriate protection of the City’s wetland
resources in order to protect wetland functions and values related to surface and ground water protection,
wildlife habitat, and flood control.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. Wetlands Map and Applicability of Standards.
(1) All wetland areas within the City of South Burlington, whether identified on the map entitled
“Wetlands Map” as set forth in Section 3.02 of these regulations or as identified through field delineation,
and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall
be subject to the provisions of this section.
(2) In the absence of site-specific delineations, the City’s Wetlands Map shall control as to the
location of wetlands and wetland buffer areas subject to the provisions of this section.
D. Submittal and Review of Field Delineation and Wetlands Report
(1) For all properties for which any application for development requiring DRB review is made, and
on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to
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submit site specific field delineations indicating the location, classification, functions and values of all
wetland areas (Class I, II and III) and an associated fifty (50) foot buffer area. In the absence of such site-
specific delineations and information, the City’s Wetlands Map shall control.
(2) Applicants are encouraged to submit a field delineation and wetlands report as early in the
development review process as possible.
(3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of
any field delineation and wetlands report. The City’s wetlands consultant shall submit an evaluation of
the field delineation and wetlands report addressing the proposed development’s consistency with the
standards in (D) above, and outlining the following:
(a) Measures that can be taken to improve the overall effect of the project on wetland resources
without altering the layout of the proposed project.
(b) Measures that can be taken to improve the overall effect of the project on wetland resources
that involve altering the layout of the proposed project.
E. Standards for Wetlands Protection
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is
generally discouraged.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of
a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and
positive findings by the DRB pursuant to the criteria in (3) below.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may
be permitted by the DRB upon finding that the proposed project’s overall development, erosion control,
stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the
following standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood
waters adequately;
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater
treatment system to reduce sedimentation according to state standards;
(c) The impact of the encroachment(s) on the specific wetland functions and values identified in
the field delineation and wetland report is minimized and/or offset by appropriate landscaping,
stormwater treatment, stream buffering, and/or other mitigation measures.
12.03 Stormwater Management Standards
A. Purpose. The purpose of this section is:
(1) To promote stormwater management practices that maintain pre-development hydrology
through site design, site development, building design and landscape design techniques that infiltrate,
filter, store, evaporate and detain stormwater close to its source;
(2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other natural
aquatic systems on the development site and elsewhere from degradation that could be caused by
construction activities and post-construction conditions;
(3) To protect other properties from damage that could be caused by stormwater and sediment from
improperly managed construction activities and post-construction conditions on the development site;
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(4) To reduce the impacts on surface waters from impervious surfaces such as streets, parking lots,
rooftops and other paved surfaces; and
(5) To promote public safety from flooding and streambank erosion, reduce public expenditures in
removing sediment from stormwater drainage systems and natural resource areas, and to prevent
damage to municipal infrastructure from inadequate stormwater controls.
B. Scope and Applicability
(1) These regulations shall apply to all land development within the City of South Burlington where
one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or
parcel.
(2) If the combination of new impervious surface area created and the redevelopment or substantial
reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from
requirements in this Section 12.03.
(3) Applications meeting the criteria set forth in section 12.03(B)(1) and not exempt under section
12.03(B)(2) shall meet the requirements in section 12.03(C) as follows:
(a) If the area of the lot or parcel being redeveloped or substantially reconstructed is less than
50% of the lot’s existing impervious surface area, then only those portions of the lot or parcel that are
being redeveloped or substantially reconstructed must comply with all parts of Section 12.03(C). All
new impervious surface area must meet the requirements of section 12.03(C).
(b) If the area of the lot or parcel that is being redeveloped or substantially reconstructed exceeds
50% of the lot or parcel’s existing impervious surface area then all of the lot or parcel’s impervious
surfaces must comply with all parts of Section 12.03(C). All new impervious surface area must meet
the requirements of Section 12.03(C).
C. Site Design Requirements For New Development
(1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual
for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff, and shall be infiltrated
using Low Impact Development (LID) practices including, but not limited to, practices detailed in the
“South Burlington Low Impact Development Guidance Manual”.
(a) If it is not possible to infiltrate the volume of stormwater runoff specified in Section
12.03(C)(1) due to one or more of the following constraints:
(i) Seasonally high or shallow groundwater as defined in Appendix D1 of the Vermont
Stormwater Management Manual,
(ii) Shallow bedrock as defined in Appendix D1 of the Vermont Stormwater Management
Manual,
(iii) Soil infiltration rates of less than 0.2 inches per hour,
(iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A.
§6602(16), as amended,
(v) The presence of a “stormwater hotspot” as defined in Section 2.6 of the Vermont
Stormwater Management Manual, or
(vi) Other site conditions prohibitive of on-site infiltration runoff subject to the review and
approval of the Development Review Board,
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then the WQv shall be retained on the lot using other LID strategies and practices such as those
detailed in the “South Burlington Low Impact Development Guidance Manual”, or treated by
stormwater treatment practices meeting the Water Quality Treatment Standard as described in the
most recently adopted version of the Vermont Stormwater Management Manual.
(2) The post-construction peak runoff rate for the one-year, twenty-four hour (2.1 inch) rain event
shall not exceed the existing peak runoff rate for the same storm event from the site under conditions
existing prior to submittal of an application. LID practices shall be incorporated into the design as
necessary to achieve the maximum allowed runoff rate. If constraints prevent the use of LID practices (see
Section 12.03(C)(1)(a)), stormwater treatment practices detailed in the Vermont Stormwater
Management Manual may be used to achieve the required post construction runoff rate.
(3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff
per section 12.03(C)(1) and 12.03(C)(2) cannot be achieved for areas subject to these regulations per
section 12.03(B) may utilize “site balancing”.
D. Additional Site Plan Requirements
(1) Applicants required to comply with Section 12.03(C) must include the following information in
their site plan submission:
(a) Sub-watershed boundaries and drainage area delineations for all stormwater treatment
practices.
(b) Location, type, material, size, elevation data, and specifications for all existing and proposed
stormwater collection systems, culverts, detention basins, LID installations, and other stormwater
treatment practices.
(c) Soil types and/or hydrologic soil group, including the results of any soil borings, infiltration
testing, or soil compaction testing.
(d) A brief written description of the proposed stormwater treatment and management
techniques. Where LID design approaches are not proposed (see Section 12.03(C)(1)(a)), the applicant
shall provide a full justification and demonstrate why the use of LID approaches is not possible before
proposing to use conventional structural stormwater management measures.
(e) A detailed maintenance plan for all proposed stormwater treatment practices.
(f) Modeling results that show the existing and post-development hydrographs for the WQv (0.9-
inch) and the one-year, twenty-four hour (2.1-inch) rain event. Any TR-55 based model shall be
suitable for this purpose.
E. Drainage Structures
(1) Removal of Runoff – The applicant shall remove any impervious surface runoff that exists as a
result of the proposed land development. Drainage facilities shall be located in the street right-of-way
where feasible. All drainage facilities shall be designed in accordance with Public Works Standards and
Specifications. Drainage facilities shall also conform to the provisions of Section 12.01 Surface Water
Buffer Standards (“Stream Buffers”).
(2) Drainage Structures To Accommodate Upstream Development – Culverts or other drainage
facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage
area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject to the
application. In determining the anticipated amount of upstream runoff for which drainage facilities must
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be sized, the applicant shall design the stormwater drainage system assuming the total potential
development of upstream drainage areas. All drainage structures shall be designed to, at a minimum,
safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event. The applicant’s engineer shall
provide such information as the Stormwater Superintendent or his designee deems necessary to
determine the adequacy of all drainage structures.
(3) Responsibility for Downstream Drainage Structures – The applicant shall provide the Stormwater
Superintendent or his designee with such information as the Superintendent deems necessary to
determine the effects of the application on drainage structures located downstream of the applicant’s lot
or the parcel subject to the application, notwithstanding whether these structures are located on land
owned or controlled by the applicant. This analysis shall be conducted using the twenty-five year, twenty-
four hour (4.0-inch) storm event. In instances where the Superintendent anticipates that additional runoff
incident to the application may overload an existing downstream drainage structure(s) and result in
damage to private or public infrastructure or property, the DRB shall impose conditions requiring the
applicant to incorporate measures to prevent these conditions, notwithstanding whether such
improvements are located on or off the applicant’s property.
12.04 Stormwater Management Overlay District (SMO) [Reserved]
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13 SUPPLEMENTAL REGULATIONS
13.01 Off-Street Parking and Loading
13.02 Home Occupations
13.03 Airport Approach Cones
13.04 Swimming Pools
13.05 Outside Storage and Display
13.06 Landscaping, Screening, and Street Trees
13.07 Exterior Lighting
13.08 Specific Regulations for Nighttime Illumination of Governmental Flags
13.09 Bus Shelters
13.10 Solar Radiation
13.11 Numbering Systems for Multi-Family Development
13.12 Group Homes and Residential Care Homes
13.13 Family Child Care Home or Facility (Day Care Facility)
13.14 Bicycle Parking & Storage
13.15 Connections across a Lot
13.16 Earth Products
13.17 Fences
13.18 Utility Cabinets
13.19 Signs
13.20 Subsurface Sewage Disposal Systems
13.21 Satellite Dishes
13.22 Seasonal Mobile Food Units
13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary
hospitals
13.24 Self Storage in the Mixed Commercial-Industrial (CI) District
13.25 Retaining Walls
13.26 Auto & Motorcycle Sales, Limited
13.27 Food Hubs
13.28 Limited Neighborhood Commercial Use
13.01 Off Street Parking and Loading
A. Purpose. Parking areas and off-street loading, where provided, shall be designed in a manner that
minimizes traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as
to promote other elements of sound community planning.
B. Determination of Parking Spaces.
Minimum Parking Amounts. Except as specifically provided in Table 13-1, there shall be no
minimum number of parking spaces. See Article 8 (City Center Form Based Codes) for maximum allowable
parking by Transect Zone.
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TABLE 13-1: PARKING REQUIREMENTS
Use Parking Space Requirement Notes(1)
Multi-Family Dwelling (studio or 1 bedroom units) 0.75 spaces per Dwelling Unit (DU) plus 0.75
space per every 4 units
Multi-Family Dwelling (2+ bedroom units) 1.5 spaces per DU plus 0.75 space for every 4
units for all other DUs
2
Table Notes:
1. When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole
number.
2. If no more than one (1) parking space is reserved per DU, the requirement decrease to 1.5 spaces per DU.
C. Location of Off Street Parking, Loading, and Vehicle Entrances.
(1) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be constructed or
maintained except in conformance with all applicable standards of the City of South Burlington and
Vermont Agency of Transportation.
(2) The installation of acceleration and/or deceleration lanes on the adjacent public street may be
required if deemed necessary by the Development Review Board.
(3) Driveways shall be located more than two hundred (200) feet from signalized street intersections
(measured between the near edges of the driveway and intersection), except upon recommendation by
the Director of Public Works based on site-specific circumstances Greater distances are encouraged on
streets with high traffic volumes.
(4) Screening shall be provided where headlights from vehicles on site may be visible and project
parallel to a public street.
(5) All parking areas adjacent to a public street shall be screened from the street by fencing, walls, or
vegetation measuring at least three (3) feet in height.
D. Off-Site Parking.
The use of any off-site, separately-owned parking by another person or business shall not require approval
under these regulations. In no event, however, shall off-site parking and loading space for any non-
residential use be located in any R1, R2, R4, LN, QCP or SEQ district.
E. Shared Parking on a Single Lot.
(1) As a matter of public policy, the City of South Burlington finds that the coordination of off-street
parking between adjoining non-residential sites is desirable (1) to allow for traffic circulation between
sites rather than having all traffic entering and exiting the existing road system to proceed from site to
site, (2) to allow for improved pedestrian circulation, and (3) to reduce the overall amount of paved
surface on a site. This coordination can take various forms, from a simple paved connection to a more
elaborate plan to provide both a connection and shared parking arrangements.
F. Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian
conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways
and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must
make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding
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ARTICLE 13 SUPPLEMENTAL REGULATIONS
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residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway
connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that
connection, the applicant must provide an easement to do so in the future when circumstances may change.
This driveway connection or easement should be located where the vehicular and pedestrian circulation is
most feasible.
G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping.
(1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-
1, Section 13.06, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved
parking spaces shall be striped or otherwise physically delimited.
(2) The location of parking areas and loading docks shall prevent conflicts with entering and exiting
traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between
access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the
public street.
(3) Provision shall be made for access by police, fire and emergency vehicles.
(4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated
from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate
sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be
designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths.
(5) Bicycle parking or storage facility. See Section 13.14
(6) Stormwater management strategies that facilitate infiltration including but not limited to
recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design
of any off-street parking or loading area.
H. Handicapped Accessible Parking Spaces. The size, number, type and location of parking spaces shall
comply with the current ADA Accessibility Guidelines.
I. Recreational Vehicles. Recreational vehicles shall not be stored on any common open lands other
than those specifically approved for such purpose by the DRB through the review process.
J. Parking Reserved for Future Use. In order to minimize the construction of unnecessary parking, the
Administrative Officer or Development Review Board may approve a site plan with parking reserved for
construction at a future date. In such granting such approval, the Administrative Officer or DRB shall specify a
timeframe during which said parking may be constructed without receipt of an additional site plan approval.
In no case shall such time frame exceed ten (10) years. Removal of parking reserve areas shall require site plan
amendment.
K. Structured Parking. Structured parking is encouraged. The parking structure may be stand-alone or
may be part of or attached to another structure. Such structures typically comprise parking decks, garages, or
roof-top parking areas. The Development Review Board may require design elements for parking structures
that specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval.
L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single tenants or users is
strongly discouraged. Reserved parking, and associated signage, shall be permitted only under the following
circumstances:
(1) To meet or exceed Federal ADA requirements
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(2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop off,
seniors, expectant mothers)
(3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes
(4) To provide a minimal number of spaces for a small commercial business where other residential or
non-residential uses would otherwise dominate parking areas
(5) Where the Development Review Board finds that other demonstrated unique circumstances exist that
would require a limited number of reserved spaces. In such an instance, the Board shall permit only the
minimum number necessary to address the unique circumstances.
M. Modifications of Requirements.
The Administrative Officer or Development Review Board may approve minor modifications to parking lot
dimensions as specified in Table 13-2 where the applicant can demonstrate necessity of modifications and
where safety of the motor vehicle and pedestrian circulation are retained.
Table 13-2 Parking Lot Dimensions
A L D W Di
Parking Angle
(Degrees)
Curb Length per Car
(Feet)
Depth of Stall (Feet) Width of Aisle (Feet) Depth of Stall (Feet)
0 22.0 8.0 12 8.0
20 24.9 14.2 12 10.1
25 20.1 15.4 12 11.4
30 17.0 16.4 12 12.7
35 14.8 17.3 12 13.7
40 13.2 18.1 12 14.8
45 12.0 18.7 13 15.8
50 11.1 19.2 13 16.6
55 10.4 19.6 14 17.2
60 9.8 19.8 15 17.8
65 9.4 19.9 17 18.2
70 9.0 19.8 20 18.4
75 9.0 19.6 23 18.6
80 9.0 19.2 24 18.4
85 9.0 18.7 24 18.3
90 9.0 18.0 24* 18.0
The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet.
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Figure 13-1 Parking Lot Layout
13.02 Home Occupations
A. General Restrictions. Customary home occupations are permitted as accessory uses in all districts
provided that:
(1) The use is conducted solely and entirely within the primary dwelling or in an accessory building,
and the use is clearly incidental and secondary to the use of the dwelling unit from living purposes.
(2) The home occupation shall be owned by the principal occupant of the dwelling in which it is
located. In no case may the homeowner or principal occupant rent out the business area of the dwelling.
(3) The total space devoted to the home occupation must be located either in the dwelling or an
accessory structure. In either case, the total space devoted to the home occupation shall not exceed
twenty-five percent (25%) of the ground floor area of the dwelling.
(4) There shall be no external display or advertising of goods or services or other external evidence
of such use, except for a sign. Such sign shall conform to the City Sign Ordinance. The content of the sign
shall be the name and/or address of the home occupation and/or owner of the business.
(5) The establishment of such occupation shall not require internal or external alterations or involve
construction features not customarily found in dwelling units.
(6) The appliances and equipment shall be operated in such a manner that they do not produce and
emit beyond the boundaries of the premises on which the use is located, dust, glare, hazard, heat, light,
noise, nuisance, odor, radiation, radio or television interference, smoke, or vibration and are in no other
manner obnoxious or detrimental to the immediate neighborhood.
(7) The use itself is conducted in such a manner and during such hours that it is in no way obnoxious,
offensive, or detrimental to the immediate neighborhood.
(8) In the case of a music or voice instructor, the office or studio shall be so equipped and used that
the sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is
located.
(9) There are not more than two (2) employees or helpers other than members of the household.
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(10) Prior to establishing a home occupation, a certificate of occupancy/compliance permit shall be
obtained from the Administrative Officer. The Administrative Officer shall issue such permit only if the
request is in conformance with the above requirements.
(11) In the event that there is more than one home occupation on the premises, all provisions above
shall apply as if there were only one home occupation. For example, no more than twenty-five percent
(25%) of the ground floor area of the dwelling shall be used, whether by one home occupation or more
than one.
13.03 Airport Approach Cones
A. General Restrictions. Notwithstanding the provisions of any other section(s) of these regulations, the
uses permitted in any district in the Airport Approach Cones, as shown on the Official Zoning Map and Overlay
Districts Map, shall be permitted subject to the following limitations:
(1) No use shall be permitted which will produce electrical interference with radio communication
or radar operations at the airport.
(2) No use shall be permitted which could obstruct the aerial approaches to the airport.
(3) All uses shall comply with applicable FAA or other federal or state regulations.
(4) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
13.04 Swimming Pools
A. General Restrictions. Swimming pools may be allowed, subject to the following provisions:
(1) No pool shall be constructed in a required front yard.
(2) No pool shall be closer than ten feet as measured from water's edge to any side or rear yard lot
lines
(3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare beyond
lot line.
(4) Every in-ground swimming pool shall be completely enclosed by a wall, fence, or other substantial
structure not less than four (4) feet in height measured on the outside of the enclosure. No openings other
than doors and gates with any dimensions greater than four inches shall be permitted therein except that
picket fences may be erected or maintained having horizontal spacing between pickets not more than
four (4) inches. All gates or door opening through such enclosures shall be equipped with self-closing and
self-latching devices capable of remaining securely closed at all times when not in actual use; provided
however, that the door of any residence forming any part of the enclosure need not be so equipped. Any
self-latching device accessible from the outside of the pool enclosure shall be located at least four (4) feet
above the ground or otherwise equally inaccessible to small children.
(5) A natural barrier, hedge, or other protective device approved by the Administrative Officer may
be used in place of the above as long as the degree of protection afforded by the substituted devices or
structures is not less than the aforementioned protection by the enclosure, gate and latch. All above-
ground pools shall bar step access when not in use.
(6) No poolhouse or structure accessory to the pool shall be used for habitation or for home
occupation.
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13.05 Outdoor Storage and Display
A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed
only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional
use and/or PUD application.
(2) The Development Review Board may require that outdoor storage areas in connection with
commercial or industrial uses be enclosed and/or screened where the storage area may comprise an
attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where
the Board finds that said storage areas are in view of residentially-zoned parcels.
B. Outdoor Display. Except for uses within buildings in full compliance with the requirements of the City
Center FBC District (ie, not nonconforming), outdoor display of goods, materials, vehicles for other than daily
use, and equipment shall be subject to the following provisions:
(1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed
only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional
use and/or PUD application that clearly indicates the location of any outdoor display areas.
(2) Outdoor display of equipment is prohibited where such equipment is fitted with arms, lifts,
buckets, or other parts that can be elevated and where such parts are displayed in an elevated manner.
This does not include boats with masts, bridges, or canopies.
13.06 Landscaping, Screening, and Street Trees
A. Purpose. The City of South Burlington recognizes the importance of trees, vegetation, and well-
planned green spaces in bringing nature into the city and using these as a resource in promoting the health,
safety, and welfare of city residents through improved drainage, water supply recharge, flood control, air
quality, sun control, shade, and visual relief. Landscaping and screening shall be required for all uses subject
to site plan and planned unit development review. Street tree planting shall be required for all public streets
in a subdivision or planned unit development. In evaluating landscaping, screening, and street tree plan
requirements, the Development Review Board shall promote the retention of existing trees while encouraging
the use of recommended plant species. In making its decisions, the Development Review Board may refer to
the Vermont Tree Selection Guide, published by the Vermont Urban & Community Forestry Program and/or
the recommendation of the City Arborist.
B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two-family
dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and
landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the
Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater
runoff from the adjacent parking area to reach stormwater collection, treatment and management
infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to
assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of
abutting properties.
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(1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs
and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage.
The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and
from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations
it may be necessary both for surveillance purposes and for the perception of safety to install the size and
type of plants that leave visual access between the parking lot to the public way or other pedestrian areas.
(2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in
parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the
parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall
not apply to structured parking or below-ground parking.
(3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a
collection and treatment area for management of stormwater runoff as per 13.06(B)(5)(c) below. Interior
planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum
square footage of sixty (60) square feet. Large islands are encouraged.
(4) Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting
shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall
be salt-tolerant.
(b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of
each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the
parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet
apart.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species
should be grouped or located in a manner that reinforces the design and layout of the parking lot and
the site.
(e) Within the City Center FBC District, landscaping required within this section shall not count
towards meeting minimum landscape budget requirements as detailed in Section 13.06(G).
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Figure 13-2, Parking Area Landscaping
From Landscape Guide for Vermont Roadways & Transportation Facilities
(5) Planting islands
(a) Curbed planting islands shall be designed and arranged to define major circulation aisles,
entrances and exits, provide vegetative focal points, provide shade and canopy, and break up large
expanses of asphalt pavement. All islands shall be planted with trees, shrubs, grasses and ground
covers. Plant materials judged to be inappropriate by the Development Review Board will not be
approved.
(b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to
facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging the plants.
Sections of drop curb are permitted if their purpose is to allow stormwater runoff from the adjacent
parking area to reach stormwater collection and management infrastructure.(c) Islands are strongly
encouraged to be graded and planted to serve as collection and treatment areas for stormwater
management. It is recommended that sections of drop curb no greater than five feet in length be
installed to allow stormwater to flow off the paved parking lot and onto the island for treatment. At
the DRB’s discretion, curbless parking areas and planting islands may be allowed where these are
specifically designed for stormwater management. However, ends and corners of such areas must be
protected with curbing to prevent cars from driving over or parking on planted areas.
(6) Snow storage areas must be specified and located in an area that minimizes the potential for
erosion and contaminated runoff into any adjacent or nearby surface waters.
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Figure 13-3, Example of Acceptable Perimeter Area Landscaping
Illustration by Kathleen Ryan, ASLA
Figure 13-4, Example of Acceptable Internal and Perimeter Landscaping
Illustration by Kathleen Ryan, ASLA
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C. Screening or buffering. The Development Review Board will require landscaping, fencing, land
shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent
sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should
be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently
landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use.
(1) All off-street parking areas, off-street loading areas, outdoor storage areas, refuse, recycling, and
compost collection (excluding on-site composting) areas, and utility improvements such as transformer(s),
external heating and cooling equipment shall be effectively screened.
(2) Such screening shall be a permanently maintained landscape of evergreen or a mix of evergreen
and deciduous trees and shrubs, and/or a solid fence.
(3) The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect
neighboring residential properties from the view of uses and parking areas on the site. The landscaping
shall be of such type, height, and spacing, as in the judgment of the Development Review Board, will
effectively screen the activities on the lot from the view of persons standing on adjoining properties. The
plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
(4) A solid wall or fence, of location, height, and design approved by the Development Review Board,
may be substituted for the required planting.
(5) Modifications. Where the existing topography and/or landscaping provides adequate screening
or would render the normally required screening inadequate, the Development Review Board may modify
the planting and/or buffer requirements by, respectively, decreasing or increasing the requirements.
(6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and such
landscaping plan shall be part of the application.
(7) Additional landscaping above and beyond the formula may be required for the purpose of adding
a buffer strip along I-89 to properly screen development from the highway.
D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi-family
uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article
3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape
elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The
Development Review Board shall require the applicant to meet the provisions of sections 13.06(F) and (G).
E. Site Restoration. Grading or seeding shall be required to restore the condition of any portion of a site
that is disturbed during construction in compliance with Section 16.03 (Standards for Erosion Control during
Construction).
F. Landscaping Plan. Landscaping plans shall be prepared by a landscape architect, master gardener,
nursery professional, arborist, professional landscape designer, or other landscape professional. See Appendix
E, Submission Requirements.
G. Landscaping Standards.
(1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping
Design Standards enacted by the City of South Burlington, subsequent to the effective date of these
regulations.
(2) Overall, there shall be a mix of large canopy tree species within each landscaping plan.
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(3) Landscaping Budget Requirements. The Development Review Board shall require minimum
planting costs for all site plans, as shown in Table 13-9 below. In evaluating landscaping requirements,
some credit may be granted for existing trees or for site improvements other than tree planting as long
as the objectives of this section are not reduced. The costs below are cumulative; for example, a
landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000
in construction or improvement cost plus two percent of the next $250,000 in construction or
improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall
be prepared by a landscape architect or professional landscape designer.
Table 13-9 Landscaping Value Requirements
Total Building Construction or Building Improvement
Cost
% of Total Construction/Improvement Cost
$0 - $250,000 3%
Next $250,000 2%
Additional over $500,000 1%
H. Enforcement, Penalties, and Appeals.
(1) Inspection. Prior to the expiration of the construction bond or other guarantee and prior to the
issuance of the certificate of occupancy, the Administrative Officer shall inspect all landscaping and
screening. He/she shall identify all trees, shrubs, and other plants that are not in a healthy and vigorous
condition or have been removed and provide a list of replacement requirements and a deadline for re-
planting to the project owner.
I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site plan
shall be maintained by the property owner in a vigorous growing condition throughout the duration of the
use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately
following growing season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with
trees of the same genus of at least 2” caliper each. No permit shall be required for such replacements provided
they conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require
an amendment to the site plan.
13.07 Exterior Lighting
A. General Requirements. All exterior lighting for all uses in all districts except for one-family and two-
family uses shall be of such a type and location and shall have such shielding as will direct the light downward
and will prevent the source of light from being visible from any adjacent residential property or street. Light
fixtures that are generally acceptable are illustrated in Appendix D. “Source of light” shall be deemed to
include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination
for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged.
B. Specific Requirements for Parking Areas. Light sources shall comply with the following:
(1) The number and spacing of required light pole standards in a parking area or lot shall be
determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired
lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered
evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height.
(2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from
becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties.
All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a
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nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive
spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent
streets.
(3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material,
with a decorative surface or finish.
(4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground
wiring.
(5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground
wiring.
(6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure,
whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher that the
roof of the structure.
(7) Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be erected
along the outside of roadway and ramp curves or where vehicles must make sharp turns. Poles should not
be located where they might be susceptible to collision strikes. Poles located behind longitudinal traffic
barriers should be offset sufficiently to allow for barrier deflection under impact.
(8) Pole location in parking lots: Pole locations shall be coordinated with stall and aisle layouts. Where
practical, poles should be near the end of parking rows or around the perimeter of the lot. When located
at parking stall boundaries, light poles should be mounted on concrete pedestals. Where raised medians
or islands are used to separate adjacent stalls, light poles should be placed in these areas unless pedestrian
traffic will be inconvenienced. Where light poles are placed between parking rows in the interior of the
lot, the poles should be located on the center line of double rows of parking stalls and on the center line
of two opposing stalls and should not be placed on the stall line between cars where fender damage might
occur.
C. Stadium Lighting in the Municipal District (MU). Notwithstanding any other provisions of these
Regulations, the DRB may approve as a conditional use the installation of lighting structures not exceeding
eighty feet (80’) in height that are used exclusively to illuminate recreation fields in the Municipal District
during the conduct of co-curricular competitions, practices and events that are conducted, sponsored and
supervised directly by the South Burlington School District which involve participation by students enrolled in
the South Burlington School District, subject to the following conditions:
(1) A photometric plan prepared by an engineer or professional lighting designer shall be submitted
which indicates pole locations and light levels on the property, with maximum light levels, average light
levels, and light levels at all property boundaries clearly indicated.
(2) There shall be no light trespass from the stadium lighting onto any residentially zoned property.
(3) Lighting shall be designed and shielded so as to avoid “hot spots” or other concentrations of high
light levels.
(4) Cut sheets shall be submitted indicating fixture and bulb types, heights, lighting angles, pole
materials, shielding and other pertinent information sufficient for technical review by a qualified lighting
consultant.
(5) The DRB shall have the authority to seek an independent technical review by a qualified lighting
consultant of any such proposal.
(6) No stadium lighting may be illuminated after 11:00 PM.
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13.08 Specific Requirements for Nighttime Illumination of Governmental Flags.
A. The City encourages those who fly the Flag of the United States to observe the custom prescribed in
the United States Flag Code of displaying the flag from sunrise to sunset. However, if governmental flags are
to be flown at night and are to be illuminated, the regulations in this Section apply.
(1) Application. An applicant for nighttime illumination shall submit to the Administrative Officer an
Application for Zoning Permit along with a Lighting Design Plan as described in (i) below.
(2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags shall not be flown
on a pole with an illuminated governmental flag. No more than three (3) governmental flags may be flown
on the same pole.
(3) Dimensional Requirements. A governmental flag to be illuminated may not exceed sixty (60)
square feet in size. Flagpoles may not exceed thirty-five (35) feet in height.
(4) Lighting Fixtures. A flag shall be illuminated by no more than two (2) fixtures per pole. There shall
be no more than two (2) fixtures per property used to illuminate flags, irrespective of the number of
flagpoles installed on a property. Only narrow beam spotlights with glare controls (such as but not limited
to louvers, grids, full hoods, or "barn door" baffles) may be used. The fifty percent (50%) beam spread of
the fixture(s) used shall correspond to the area of the flag(s) to be illuminated. Fixtures may be mounted
at grade, on the flagpole to be illuminated, or on stanchions no more than twenty-four (24) inches above
grade. Ground- or stanchion-mounted fixtures shall be located no more than fifteen (15) feet from the
base of the flagpole. Wall-mounted fixtures located on adjacent buildings are prohibited.
(5) Illumination Level. An application may be based, at the applicant's discretion, on either the
maximum total light level on the flag, measured in initial foot-candles and determined by the geometric
relationship of the flag to the proposed lighting fixture or fixtures; or the total lumen power of each lamp
used to illuminate the flag. Manufacturers' data for lamps and fixtures and the Lighting Plan submitted by
the applicant must provide sufficient information to make a determination on one of the applicable
criteria. Maximum total illumination levels shall not exceed the following standards:
(a) Maximum light level on the flag on properties having a principal frontage on Williston Road,
Shelburne Road, or Dorset Street between Williston Road and Kennedy Drive, and properties in the
Commercial 1, Commercial 2, Municipal, Mixed Industrial Commercial, and Industrial Open Space
Districts with frontage on Interstate Highway
89 or Interstate Highway 189: one hundred (100) initial foot-candles.
(b) Maximum light level on the flag, all other lots: fifty (50) initial foot-candles.
(c) Total initial lumen power of each lamp used to illuminate the flag on properties having a
principal frontage on Williston Road, Shelburne Road, or Dorset Street between
Williston Road and Kennedy Drive, and properties in the Commercial 1, Commercial 2, Municipal,
Mixed Industrial Commercial, and Industrial Open Space Districts with frontage on Interstate Highway
89 or Interstate Highway 189: 36,000 initial lumens.
(d) Total initial lumen power of each lamp used to illuminate the flag, all other lots: 15,000 initial
lumens.
(6) Setbacks from Residential Properties. Any flagpole to be illuminated per the provisions of this
section shall be located a minimum of one hundred (100) feet from all property lines of any adjacent
parcel zoned Residential 1, Residential 2, Residential 4, Residential 7, Residential 12, Residential 7 with C-
1, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant District.
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(7) Lamp Type. Lamps used shall be metal halide or another type having a Color Rendering Index (CRI)
over sixty-five (65).
(8) Glare Control. Fixtures shall be aimed directly at the flag(s) to be illuminated. No portion of the
lamp(s) or reflective surfaces on the fixture(s) shall be visible from a roadway or from adjoining properties.
(9) Lighting Design Plan. An applicant shall submit a Lighting Design Plan with the following
information:
(a) The location of property boundaries, nearby roadways, the flagpole to be illuminated, and the
lighting fixtures to be used.
(b) The proposed mounting type, location(s) and dimensions (ground, flagpole or stanchion).
(c) A statement of the illumination level measurement to be used (initial foot-candles at the flag
or lumen power of the lamps) and a diagram sufficient to determine lighting levels at the flag if initial
foot-candles are the measurement to be used to determine compliance.
(d) An illustration of the area that will be illuminated by the proposed fixtures.
(e) The manufacturer's specifications for the lighting fixture(s) to be used, including lamp type,
beam spread, Color Rendering Index, wattage, and glare controls.
13.09 Bus Shelters
A. Specific Requirements. Bus shelters may be constructed adjacent to or within street rights-of-way in
any zoning district after approval of a site plan by the Development Review Board. The shelter shall be located
to permit ample room for the bus to conveniently leave the traveled roadway to pick up or discharge
passengers. The design shall be harmonious with adjacent properties. Such structure shall not have more than
one (1) sign, such sign not exceeding two (2) square feet in area.
13.10 Solar Radiation
A. General Requirements. The Development Review Board may regulate the height and setbacks of any
structure, wall, fence, or shrubbery on any lot so as to protect the access of any abutting properties to solar
radiation. Access to solar radiation shall be defined as full exposure to the sun along the entire south wall of
a principal structure with no obstructions between the base of the wall and a twenty-four degree (24o) angle
above horizontal.
13.11 Numbering Systems for Multi-Family Development
A. General Requirements. All multi-family developments shall contain appropriate directional signs and
numbering systems at major entrances. Signs shall be in conformance with the City of South Burlington Sign
Ordinance and State of Vermont E-911 procedures.
13.12 Group Homes and Residential Care Homes
A residential care home or group home to be operated under State licensing or registration, serving not more
than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be considered by right
to constitute a permitted single-family residential use of property, except that no such home shall be so
considered if it is located within 1,000 feet of another existing or permitted such home.
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13.13 Family Child Care Home or Facility (Day Care Facility)
A. A registered family child care home serving six or fewer children shall be considered to constitute a
permitted single-family residential use of property and shall be subject to the applicable requirements for
such uses in each district.
B. A registered family child care home serving no more than six full-time children and four part-time
children, as defined in subdivision 33 V.S.A. §4902(3)(A) and these regulations, shall be considered to
constitute a permitted use of property in all districts provided that:
(1) Prior to establishing the registered child care home, approvals are received from the State of
Vermont;
(2) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic
or of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from the
Director of Public Works where safety is in question.
C. A licensed family child care home shall be considered to constitute a permitted use of property in all
districts provided that:
(1) Prior to establishing the licensed child care home, approvals are received from the State of Vermont;
(2) There is sufficient space for the drop-off and pick-up of children on or in front of the property;
(3) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or
of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from the
Director of Public Works where safety is in question.
D. A licensed non-residential child care facility shall be permitted in accordance Table C-1, Table of Uses,
and shall be shall be subject to the requirements of Article 14, Site Plan Review and Table C-2, Dimensional
Standards Applicable in All Districts.
13.14 Bicycle Parking and Storage
A. Purpose. These standards for short term parking and long term storage of bicycles are intended to
recognize and promote cycling as a viable means of transportation and recreation for residents, consumers,
visitors, and employees.
B. Short Term Bicycle Parking
(1) Applicability. These standards apply to any application for development that requires site plan
approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the
City Center Form Based Codes District.
(a) In order to facilitate a reasonable nexus between land development and bicycle parking
requirements, applications for development to which these standards apply on parcels with existing
development shall be permitted to phase in required short term bicycle parking as follows:
(i) For the first application, the applicant shall propose and install at least 50% of the
required number of bicycle parking spaces.
(ii) Thereafter, any applications for development of the same parcel shall comply with all
standards for Short Term Bicycle Parking.
(b) Where pre-approved bicycle racks exist on the site at the time of application, they may be
permitted to remain and count towards the minimum requirements of this Section provided:
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(i) They are compliant with 13.14 B(2)(d)(i) and 13.14(B)(2)(d)(iv) of these regulations;
(ii) The bike frame can be attached in at least one place and the bike is supported to stay
upright;
(iii) The rack is not constructed of wood;
(iv) Each space on a rack where a bicycle frame can be attached in at least one place and
supported to stay upright shall be considered a bicycle parking space;
(v) If parking is on the end or outside of a rack, the parking space must be clear of
obstructions in compliance with Appendix G and not obstruct passageways.
(2) Standards for bicycle parking spaces (bps).
(a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-10.
(b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G.
The rack may not be constructed of wood.
(c) If an applicant wishes to install something different, any bps shall meet the following
specifications:
(i) Allow secure locking of the frame and wheel;
(ii) Support a bicycle frame at two points of contact;
(iii) Meet the intent of the examples provided in Appendix G.
(d) Location & Serviceability. Each bps shall be:
(i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in
length and a width sufficient to satisfy the remainder of these regulations;
(ii) Spaced to allow easy access to each bicycle
(iii) Spaced sufficiently away from obstructions, including walls, doors, posts, columns,
landscaping, and other racks, in accordance with Appendix G.
(iv) Easily accessible from the street or multi-use path and protected from motor vehicles;
(v) Visible to passers-by and well-lit to promote usage and enhance security; especially in
retrofitted areas, or where good visibility is not achievable, an applicant may be required to install
directional signage.
(vi) Located at or nearby principal entrances where reasonably practicable, unless doing so
compromises the other directives of this subsection, including visibility and accessibility.
(vii) Dedicated bicycle parking areas, identified with striping and protected using bollards or
islands, are strongly encouraged.
(e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all
principal entrances are served.
(f) For office building use, up to 50% of short term bicycle parking requirements may be met by
supplementing the (indoor) long term bicycle parking requirements with the required short term
bicycle parking spaces.
C. Long Term Bicycle Storage
(1) Applicability. These standards apply to:
(a) Construction of new mixed use or commercial buildings and any new residential building with
more than 3 dwelling units;
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(b) Structural alterations involving the replacement, relocation, or removal of, or other similar
changes to, more than 50% of all load bearing walls shall require compliance with all standards for
long term bicycle storage.
(c) Building additions of more than 5,000 gross square feet in area.
(2) Standards
(a) For Residential Buildings
(i) Secure Storage in bicycle locker, bicycle storage room or private enclosure outside of the
private residence that protects entire bicycle, including components and accessories against theft
and weather.
(ii) Garages which are private to each unit may count towards parking requirements.
(b) For Non-Residential Buildings
(i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire
bicycle, including components and accessories against theft and weather, allows secure locking
of the frame and wheel and supports a bicycle upright.
(ii) Where indicated in Table 13-11, clothes lockers shall be lockable with the following
minimum dimensions: 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as
bicycle storage;
(iii) Secure office space (private offices) may account for up to 50% of the required indoor
parking areas and lockers provided they are located on the ground floor of the building, accessible
and of sufficient size;
(iv) Shower and changing facilities dependent on the number of bicycles required to be stored
and as indicated on Table 13-10.
Table 10. Bicycle Parking Requirements
Type of Activity Short Term Bike Parking Long Term Bike Storage
Residential buildings with more
than 3 units
1 for every 10 units; minimum 41 1 for every unit
Warehousing, contractor, and
light industry
1 per 20k SF; minimum 2 2 per tenant
Retail, restaurant, office, and all
other
1 per 5k SF; minimum 4 50% of required short term bike
parking spaces.
Educational 1 space for each 20 students of
planned capacity.
For new buildings only, one space
for each 20 employees.
1 May request waiver from minimum per building for buildings with less than 6 units if Development Review
Board finds the need is adequately met for visitors.
Table 11. Long Term parking – shower and changing room facility requirements
Number of protected long
term bicycle parking spaces
Changing facility Unisex Showers Clothes Lockers
1-3 none none 1
4 - 9 12 12 3
For every 10 12 12 40% of LTB parking
2 if unisex, units available to any gender; otherwise provide one per gender
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13.15 Connections across a Lot
A. General Requirements. If structures on two (2) adjacent lots are owned and occupied by a single
corporate entity or occupied (but not owned) by a single corporate entity or occupied by two (2) corporate
entities between which long term contractual relations have been established which call for frequent
movement of goods or people between the buildings, then the Development Review Board may approve
construction of a connection between the buildings, even though the connection violates normal setbacks
required elsewhere in these regulations, provided:
(1) The connection is no larger than fifteen (15) feet in width.
(2) The connector shall be subject to site plan review, and the application shall be signed by all
involved property owners.
(3) Fire doors shall be installed at both ends of the connection.
(4) The connection in conjunction with other buildings and connections in the area will not obstruct
emergency access.
(5) The connection is designed to be architecturally integral to the design of both connected
buildings.
(6) The connection shall be securely locked at both ends and exit signs removed or disabled if the
occupancy conditions set forth above are not met or if the owner(s) of the buildings determine that the
connection is not to be used.
(7) The connections shall be removed if the connector is not used and the occupancy requirements
set forth above are not met for twelve months.
(8) In the event of item (7) above, the Administrative Officer may grant six-month extensions if there
is a reasonable expectation that the connector will be placed back in service within that time period.
13.16 Earth Products
A. General Requirements. The conduct of a resource extraction operation that involves the removal of
loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with the
construction of a building on the same lot, shall be permitted in any district, except as limited by the Surface
Water Protection Standards and Interstate Highway Overlay District, subject to site plan approval by the
Development Review Board after public notice.
B. Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within
one (1) calendar year period shall include the submittal of a site plan showing the area from which earth
products are to be removed. Also, the application shall include specific information pertaining to the following
factors and such other information as the Development Review Board may require. At minimum, the following
information shall be required:
(1) Depth of excavation, in proximity to roads or adjacent properties.
(2) Existing grade and proposed grade created by removal of material.
(3) Effect upon public health and safety.
(4) Creation of a nuisance.
(5) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
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(6) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on
public ways.
(7) Erosion potential due to removal of vegetative cover.
C. Conditions of Approval. The Development Review Board, in granting its approval, may impose
conditions on the following:
(1) Duration of the permit for any length of time that the Development Review Board deems
appropriate.
(2) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures.
(3) Hours of operation, routes of transportation, and amount of material to be removed.
(4) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure
compliance with the provisions of these Regulations.
D. Review Authority. Notwithstanding any other provisions within these Regulations, applications under
this Section 13.16 shall be reviewed by the Development Review Board in all Zoning Districts and the City
Center FBC District.
E. Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of
earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the
level of the water table or will interfere with the natural flow patterns or reduce the flood storage capacity.
F. Exemption. The provisions of this section shall not apply to the removal of earth products from an
operating farm, nursery, or cemetery to the extent that such removal is necessary to the operation of same.
An official exemption shall be obtained from the Administrative Officer, who will determine if Development
Review Board approval is or is not required.
13.17 Fences
A. General Requirements. In this section, fence and wall shall be interchangeable terms.
B. Specific Requirements. All fences are subject to the following provisions:
(1) A fence shall be erected within the boundaries of the applicant’s property and shall be placed
wholly within but not on the property boundaries.
(2) A fence shall be erected so that its smooth or finished side faces an abutting property or roadway.
All fence posts shall be placed on the inside of the fence, except for a fence to contain livestock.
(3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian
traffic. If determined necessary by the Administrative Officer, the placement of fences near the corner of
a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area
formed by the street right-of-way lines at points which are thirty (30) feet distant from the intersection of
the street right-of-way lines and measured along such lines.
(4) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer.
(5) A fence over eight (8) feet in height shall require approval by the Development Review Board as
a conditional use subject to the provisions of Article 14, Conditional Use Review.
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(6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback
requirements for the zoning district, unless otherwise approved by the Development Review Board as a
conditional use subject to the provisions of Article 14, Conditional Use Review.
(7) In the Queen City Park, R1-Lakeview, and Lakeshore Neighborhood Districts, a fence over four (4)
feet in height shall require a zoning permit from the Administrative Officer and shall be subject to the
following supplemental requirements:
(a) No such fence shall exceed six (6) feet in height; and,
(b) The fence shall have a maximum opacity of 50% on all sides.
(8) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or
cause the blockage or damming of surface water.
(9) No fence shall be erected that may create a fire hazard or other dangerous condition or that may
result in obstruction to fire fighting.
(10) Fences shall be maintained in a safe and substantial condition.
(11) No fence shall be located or constructed on a terrace or wall that will have an overall height of
more than that permitted, unless otherwise approved by the Development Review Board as a conditional
use subject to the provisions of Article 14, Conditional Use Review.
(12) Notwithstanding any other provisions within these Regulations, applications under this Section
13.17 assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts
and the City Center FBC District.
C. Prohibited Fences and Materials. The following fences and fencing materials are specifically
prohibited:
(1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically permitted.
(2) Pointed metal fences.
(3) Canvas and/or cloth fences, except when used to protect shrubs and vegetation.
(4) Poultry and/or turkey wire fences within minimum front, side and rear setbacks.
(5) Temporary fences, unless for snow control. Snow control fences shall be allowed from November
1 through to the following May 1.
(6) Expandable fences and collapsible fences, except during construction of a building.
(7) Chain link fences erected with the open loop at the top of the fence.
D. Exemption. All existing fences that do not conform to the provisions of these regulations may be
continued as they presently exist, except that these fences shall not be altered, extended, replaced or
modified except in accordance with these regulations.
13.18 Utility Cabinets and Similar Structures
A. General Requirements. In any district, the Development Review Board may grant site plan approval
for the construction of a utility cabinet, according to the following regulations.
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B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately adjacent communities.
(2) The minimum required lot for a public utility cabinet, substation, or communication relay station
may be reduced from the zoning district requirements, at the discretion of the Development Review
Board. In the event that the facility shall be erected on property not owned by the utility, the Development
Review Board shall require that the facility be located unobtrusively.
(3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission
granting access to the utility or owner of the facility.
(4) There shall be sufficient landscaping with evergreens of sufficient height and density to screen
effectively the facility from surrounding property. Landscaping may allow for the use of any doors so long
as the door-side of the units are not visible from an existing or planned public street.
(5) There shall be adequate off-street parking for maintenance, service, or other vehicles.
(6) The location of the facility shall be shown on all relevant site plans.
(7) The Development Review Board may attach conditions in order to prevent any hazard to the
public or noise nuisance to surrounding property. Utility cabinets shall be located a minimum of five (5)
feet from all existing or planned public roads or rights-of-way.
(8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise,
or vibration shall not be permitted in any district.
13.19 Signs
A. General Requirements. No signs shall be erected or maintained except in conformance with the Sign
Ordinance of the City of South Burlington.
13.20 Subsurface Sewage Disposal Systems.
A. General Requirements. No building or structure shall be erected or altered unless an adequate
sewage disposal system is provided in compliance with all applicable regulations of the City of South
Burlington Sewer Ordinance and the Vermont Agency of Natural Resources.
13.21 Satellite Dishes
A. General Requirements. Satellite dishes over three (3) feet in diameter shall not be located within the
area between the street line and the building (the front yard). Satellite dishes shall be suitably screened or
landscaped. Satellite dishes shall not be placed in the side or rear setbacks.
13.22 Seasonal Mobile Food Units
Seasonal mobile food units shall be subject to site plan review and the following requirements:
A. A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License
from the Vermont Department of Health.
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B. A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16)
people. Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying
structure.
C. A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00
am.
D. A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall
be removed from the property at the expiry of its permit under these regulations.
E. A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations.
F. Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the
South Burlington Police Department, South Burlington Fire Department, and South Burlington Department of
Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has,
created unsafe vehicular or pedestrian traffic conditions adjacent to the property.
G. A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months,
from April 1 to October 31, after which time it expires.
H. A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the
request of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of
the permit and these regulations have been met to date and in the previous year’s operation of the seasonal
mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar year.
I. Any modifications to an approved site plan shall require an amendment as required by these
Regulations.
J. A seasonal mobile food unit shall be exempt from Section 10.02, Traffic Overlay District, of these
regulations.
K. Notwithstanding any other provisions within these Regulations, applications under this Section 13.22
assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City
Center FBC District.
13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and
veterinary hospitals
A. Specific Standards:
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary
of a residential district or existing residential use, the required side or rear setback for the outdoor
exercise facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A strip
not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense
evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted
within the fifteen (15) foot wide buffer area.
(4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without
treatment.
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13.24 Self Storage in the Mixed Commercial-Industrial (CI) District within Transit Overlay District
A. General Requirements. In the Commercial-Industrial District, where such district is also within the
Transit Overlay District, the Development Review Board may grant site plan approval for a self-storage facility,
according to the following regulations.
B. Specific Standards:
(1) The facility shall be clearly secondary to a permitted principal use in this district
(2) The facility shall not occupy more than 20% of the gross floor area of the principal use
(3) The facility shall only be accessible through an interior entrance
(4) Access to storage units shall only be available during business hours, with an employee on site.
13.25 Retaining Walls
A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall.
B. Specific Requirements. All retaining walls shall be subject to the following requirements:
(1) All retaining walls shall require a zoning permit from the Administrative Officer.
(2) A retaining wall shall be erected within the boundaries of the applicant’s property and shall be set
back at least five (5) feet from all property boundaries.
(3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular or
pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining walls
near the corner of a property at the intersection of two roads shall provide for a clear vision area defined
as a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant from
the intersection of the street right-of-way lines and measured along such lines.
(4) A retaining wall over eight (8) feet in height shall require approval by the Development Review
Board as a conditional use subject to the provisions of Article 14, Conditional Use Review, and shall include
a demonstration by a certified engineer that the retaining wall is structurally sound to serve its intended
purpose.
(5) Retaining walls shall be maintained in a safe and substantial condition.
13.26 Auto & Motorcycle Sales, Limited
A. General Requirements: An auto & motorcycle service and repair business may be granted approval
from the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at
one time for sale to the public, in accordance with the following requirements:
B. Specific Requirements:
(1) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed
five (5) total; and,
(2) No vehicles for sale may be parked in any other location on the property.
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13.27 Food Hubs
A. Specific standards
(1) Processing activities at the food hub location shall be limited to non-mechanized packaging,
provided it is subordinate to the distribution activities.
(2) Storage is permissible for terms of less than 30 days.
(3) Butchering or killing of livestock shall not be permitted within the designated food hub area.
(4) A food hub may be host to- with no greater frequency than once per week- a farmer’s market
without additional municipal review or permitting.
(5) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites
shall be counted towards the minimum landscaping budget as 150% of every dollar planted.
B. Permitting
(1) Facilities under 5,000 GFA may be reviewed under Section 14.09, Administrative Review.
(2) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14
of these Regulations.
13.28 Limited Neighborhood Commercial Use
The purpose of this use is to promote small, context-sensitive, limited and architecturally relevant commercial
uses in walking distance to a residential neighborhood. While these uses may service a broader geography
and limited pass-by traffic, these uses are intended to be easily accessible by walking from the majority of the
Planned Unit Development in which the use is located.
A. Applicability.
(1) As permitted in Appendix C.
(2) The proposed use shall only be approved as part of a new or amended master plan of 50 dwelling
units or more.
B. General Standards
The proposed use shall be complimentary to and integrated within the Planned Unit Development. To ensure
this, as part of master plan approval or amendment the DRB may impose additional conditions on the use
with respect to:
(1) Traffic and vehicular access;
(2) Maximum parking;
(3) Enhanced pedestrian circulation and access;
(4) Additional landscaping to serve the use beyond minimum requirements.
C. Specific standards
(1) Location
(a) The use shall be located so as to be easily accessible to the Planned Unit Development via
sidewalks or multi-use paths.
(b) New buildings associated with the use shall be located such that traffic is not increased
through the majority of the Planned Unit Development in which it is located. It should not divide
existing residential areas, unless the Board finds during initial master plan approval that a central
location best serves the Planned Unit Development.
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(c) Hours of use shall be limited to 6 am to 10 pm.
(2) Size and Scale. The use is restricted:
(a) To one building, with a footprint no larger than 6,000 SF.
(b) To two stories or a total building height of 28 feet.
(c) To 5,000 SF GFA per use.
(d) Uses ancillary to the proposed use which are fully below grade will not count towards the
maximum use size. Ancillary uses may include administrative office space, storage space and
mechanical space, provided they serve the principal use.
(3) Specific use of space. The following may be permitted as part of the Limited Neighborhood
Commercial Use:
(a) Restaurant
(b) Retail sale of groceries- predominantly food with some related household goods
(c) Personal instruction
(d) Child care
(e) Artist production studio
(4) Drive throughs are expressly prohibited.
(5) Items listed in Subsection (C)(3)(a)-(e) may not be permitted as part of the Limited Neighborhood
Commercial Use where such uses already exist within one-half mile of the proposed Limited
Neighborhood Commercial Use.
(6) Architectural standards. Buildings and accessory structures associated with the proposed use shall
demonstrate architectural relevance, coordinating or complimenting the residential style of dwelling units
in the area. Buildings shall follow the specific standards outlined in Section 9.10(D)(1)-(2).
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14 SITE PLAN and CONDITIONAL USE REVIEW
14.01 General Purpose
14.02 Definition of Site Plan
14.03 Uses and Actions Subject to Site Plan Approval
14.04 Review and Approval of Site Plans
14.05 Application, Review, and Approval Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 Integration of Procedures
14.09 Administrative Review
14.10 Conditional Use Review: General Provisions and Standards
14.11 Conditional Use Review: Specific Uses and Standards
14.01 General Purpose
It is the purpose of this Article to regulate site development plans in order that adequate light, air,
convenience of access, and safety from fire, flood, and other danger may be secured; that congestion in the
public streets may be lessened or avoided; that the public health, safety, comfort, morals, convenience, and
general public welfare may be promoted; and that the preservation of historic landmarks, sites, districts, and
buildings be promoted. The site plan review processes and the conditional use review process will allow the
City of South Burlington to review the arrangement, layout, use interrelationships and neighborhood impacts
of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to
conform to the character of the neighborhood and the goals of the comprehensive plan. In reviewing site
plans and conditional uses, appropriate conditions and safeguards may be imposed with respect to the
adequacy of pedestrian and vehicular access, circulation, parking, landscaping and screening, and to
protecting the utilization of renewable energy resources.
14.02 Definition of Site Plan
As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications
contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of
a single parcel or assembled parcels of land.
14.03 Uses and Actions Subject to Site Plan Approval
A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a zoning permit
in all districts, except as provided in subsection B, for:
(1) Outside of the City Center FBC District:
(a) Any new use, change in use, or expansion of use in any district.
(b) Uses subject to conditional use permit approval. See Section 14.10 below.
(c) Any alteration or change to an approved site plan.
(d) New parking lots or expansions of existing parking lots.
(e) Any structure formerly used as a residence proposed for conversion to non-residential use.
(f) Any planned unit development. See Article 15, Planned Unit Development, for specific
regulations.
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(g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington
Sign Ordinance.
(2) Within the City Center FBC District:
(a) Any alteration or change to an approved site plan.
(b) Any new structure, or addition to, replacement of, or reduction to a structure.
(c) New parking lots or expansions to existing parking lots
(d) Any change in use from a non-residential to a residential use or vice-versa.
(e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance.
B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are:
(1) One-family dwelling on a single lot, its accessory structures, and related features such as decks,
pools, sheds, and detached garages.
(2) Two-family dwelling on a single lot, its accessory structures, and related features such as decks,
pools, sheds, and detached garages.
(3) Agricultural and horticultural uses.
(4) Forestry uses.
(5) Renovations that are one hundred percent (100%) internal to an existing building or structure.
(6) Exterior renovations to an existing building or structure that do not increase, alter or otherwise
modify the outer envelope of said building or structure, except in design review overlay districts (see
Article 11).
(7) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks.
(8) Repairs to existing swimming pools.
(9) Fences and walls as provided in these Land Development Regulations.
(10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting
plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval.
See also Section 13.06 (I) for maintenance and responsibility for landscaping improvements.
14.04 Review and Approval of Site Plans
A. Authority. The Development Review Board shall have the authority to review and approve, approve
with modifications, or disapprove site plans prepared to the specifications set forth in this Article, except as
provided for administrative site plan reviews.
B. Review Period. Where site plan review by the Development Review Board or Administrative Officer
is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove
any such site plans within the time required by applicable state law. Failure to so act within said period shall
be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along
with findings of fact, shall be sent to the applicant.
C. Combined Decision for Conditional Uses. Where a conditional use permit is required, the
Development Review Board shall make the determination on the conditional use permit and on the site plan
permit required for the conditional use and shall issue one (1) set of findings of fact pertaining to both.
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14.05 Application, Review, and Approval Procedure
A. Pre-Submission (Sketch Plan). Prior to a formal submission, the applicant should meet in person with
the Administrative Officer and other City officials as desired to discuss the proposed site plan. The intent of
such a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal
prior to the preparation of a detailed site plan and for said Department to review the basic site design concept,
advise the applicant as to potential problems and concerns, and to determine generally the type of
information to be shown on and submitted with the site plan.
B. Submission. A site plan generally shall be prepared by a registered architect, licensed landscape
architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be
submitted to the Administrative Officer.
C. [Reserved].
D. Application for Site Plan. See Appendix E, Submission Requirements.
F. Development Review Board / Administrative Officer Action.
(1) Outside of the City Center FBC District:
(a) The Development Review Board or Administrative Officer shall review the site plan
application, pursuant to Section 14.09. The DRB shall review the application against the site plan
criteria in this Article 14 and any other applicable standards in these Regulations. If the DRB
determines that the site plan and supporting material fail to demonstrate compliance with applicable
standards, it shall deny the site plan. However, if it further determines that with a minor modification
or modifications the site plan and supporting material would comply with applicable standards, the
DRB may, in its discretion, impose a condition or conditions requiring such modification or
modifications and approve the site plan. For the purpose of this section, a minor modification is one
that leaves no part of its implementation to the discretion of the applicant.
(2) Within the City Center FBC District:
(a) The Administrative Officer or Development Review Board shall review the site plan
application, pursuant to Section 14.09.
(b) For all applications, except those which meet one or more of the criteria listed in Section
14.09(B)(1-9), an application shall be deemed complete only after all the following actions have been
completed by the applicant:
(i) Participation in a pre-application meeting with staff of the Department of Planning &
Zoning;
(ii) Submission of all required information (see Appendix E);
(iii) Demonstration of proof that applicant delivered to each of the adjoining landowners
notice of the application in accordance with Section 17.06 of these Regulations, and, at a
minimum the following information:
(I) A project description and contact information provided by the Administrative Officer;
(II) A site plan for the property on a paper size no less than 11” x 17”, and;
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(III) Invitation to an applicant-sponsored informational and input meeting;
(iv) Posting of a notice of the proposed project on a form with project description provided
by the Administrative Officer within view from the public right-of-way most nearly adjacent to the
property for which the application is made;
(v) Demonstration of proof that the applicant held an applicant-sponsored information and
feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The
purpose of this meeting is to give residents the opportunity to provide input and feedback to the
applicant. Applicants are encouraged to make modifications to the application based on this
feedback, so long as such modifications comply with these Regulations. Such meeting shall
consist, at a minimum, of:
(I) Notice of said meeting no less than seven (7) days in advance to all parties required
within this section;
(II) Said meeting shall be held in an ADA-accessible public building in the City of South
Burlington;
(III) Said meeting shall be held at a time that is convenient to the public ( a weekday
evening or Saturday), and;
(IV) Said meeting shall include an overview of the project by the applicant, an opportunity
for all members of the public in attendance to offer oral input, and acceptance of any written
input;
(vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification
of the application to adjoining landowners as described in this section, and;
(vii) Issuance of a written statement from the Department of Public Works and Fire
Department regarding compliance with these regulations.
(c) The applicant may make revisions to an application following initial submittal.
(i) Where the Administrative Officer determines that the revisions do not alter the overall
description of the project, or that the revisions reduce the scale of the project, no new notification
and no new applicant-sponsored information and input meeting shall be required. However,
pursuant to 24 VSA §4448, the Administrative Officer shall have 30 days from the date that the
applicant submits all revisions to the application to act with regard to the application.
(ii) Where the Administrative Officer determines that the changes do alter the overall
description of the project, all requirements of this section 14.05(F)(2) shall be met anew.
(d) The Administrative Officer shall review the application against the site plan criteria in this
Article 14, site plan, and the applicable BES in Article 8 and any other applicable standards in these
Regulations, except as stated within this Article or within Article 8, City Center Form Based Code
District.
(e) Where tasks, actions and responsibilities are assigned to the Development Review Board,
such tasks, actions, authorities, and responsibilities shall be administered by the Administrative
Officer unless specifically assigned to the Development Review Board within the City Center FBC
District.
(f) If the Administrative Officer determines that the site plan and supporting material fail to
demonstrate compliance with applicable standards, she/he shall deny the site plan. However, if
she/he further determines that one or more minor modifications would bring the site plan and
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supporting material into compliance with applicable standards, the Administrative Officer may, in
her/his discretion, impose a condition or conditions requiring such modification or modifications and
approve the site plan. For the purpose of this section, a minor modification is one that leaves no part
of its implementation to the discretion of the applicant.
(g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals
process for Administrative Officer actions in these Regulations and applicable State law.
(3) Upon approval, the applicant shall provide three (3) full-sized copies, one (1) copy reduced to 11"
by 17", and one digital copy of the approved plan to the Department of Planning and Zoning. A copy of
the Development Review Board's decision and findings of fact, shall be sent to the applicant and recorded
in the City Clerk's office. Three (3) record copies of the plans shall be retained in the Department of
Planning and Zoning.
G. Waiver of Application Requirements. Except within the City Center Form Based Codes District, the
Development Review Board shall have the authority to, when reasonable, waive any application requirements
for site plan approval. Any such waiver may be exercised in the event any such requirements are 1) found not
to be requisite in the interest of public health, safety, or general welfare or 2) inappropriate to a particular
site plan because of the particular character or limited nature of a new development or change in use or
conditions peculiar to a site or 3) will cause extraordinary and unnecessary hardship.
H. Expiration of Approval. See Section 17.04.
I. Field Changes and As-Built Plans
(1) Field Changes
(a) During construction, the Administrative Officer may authorize or require, in writing, at his/her
own determination or upon the request of the applicant, minor adjustments to a site plan which does
not affect the substance of the site plan approval. Such minor adjustments shall be consistent with
the intent of the approved site plan. All determinations of eligibility for field changes are subject to
the discretion of the Administrative Officer.
(b) Where conditions are encountered which constitute a material change to an approved site
plan or where the developer otherwise wishes to modify the approved site plan, an amendment to
the approval shall be filed with the Development Review Board or Administrative Officer for review
in accordance with procedures required for such applications.
(2) As-Built Plans
(a) Upon completion of any development or redevelopment pursuant to an approved final site
plan involving field changes as set forth in (1) above, and prior to the issuance of a certificate of
occupancy by the Administrative Officer, the applicant shall submit to the Administrative Officer as-
built plans in paper and digital form, prepared and certified by a licensed engineer, architect,
landscape architect or surveyor, showing the location of all site improvements as constructed.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in
compliance with the approved site plan, including any field changes authorized under subsection 1(a)
above. The Administrative Officer shall indicate compliance with the Land Development Regulations
by signature, file one (1) copy with the Department of Planning and Zoning.
J. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board.
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K. Bonding Requirements. The owner or developer shall provide a performance bond, escrow account,
or letter of credit in accordance with Sections 15.15 and 15.16 of these Regulations.
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall be
used by the Development Review Board in reviewing applications for site plan approval. They are intended to
provide a framework within which the designer of the site development is free to exercise creativity,
invention, and innovation while improving the visual appearance of the City of South Burlington. The
Development Review Board shall not specify or favor any particular architectural style or design or assist in
the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself
to a reasonable, professional review, and, except as otherwise provided in the following subsections, the
applicant shall retain full responsibility for design.
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due
attention by the applicant should be given to the goals and objectives and the stated land use policies for the
City of South Burlington as set forth in the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking
areas.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board shall
approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and the
public street so that a significant greenspace surrounded by buildings may be incorporated
similar to a college campus style “quad”, as detailed below.
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(II) The parking on any lots that include a part of the greenspace shall be aligned in a
similar fashion so that the buildings are located between the greenspace and the parking and
so that the parking is located between the buildings and the public street to maintain the
integrity and continuity of the greenspace . Prior to gaining approval from the Development
Review Board, the applicant for each lot is required to provide a written agreement, such as
a shared parking, greenspace and use agreement, from each lot owner in the approved
subdivision whose lot will include a portion of the greenspace that provides that each lot
owner will comply with this general parking, building and greenspace alignment, layout and
design in the future development of each of their lots.
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.06(B) (2)(b)(vi), “greenspace” shall be defined as a
consolidated and continuous landscaped area located across more than two lots in the
approved subdivision, similar in nature to a common open space, largely surrounded by
buildings, but shall not include building or impervious parking areas. The greenspace may
extend between buildings, but shall not extend beyond the building line of the principal
building on each lot that includes a portion of the greenspace. The greenspace shall consist
of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include
impervious landscape features, such as path networks, sculptures, gazebos, water features,
footbridges, sitting areas, stone walls, and other features and amenities that may be built
within and throughout the greenspace in order to create a more attractive and enjoyable
environment. The area of the greenspace shall be calculated by measuring and adding the
portion of the total greenspace defined on the site plan for each lot in the approved
subdivision that includes a portion of the greenspace.
(IV) Any parking located between a proposed building and a public street shall include
landscape screening at least three (3) feet in height above the grade of the adjacent public
street, , except as necessary to maintain adequate sight distances.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space
Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be
designed in a manner to avoid conflicts between visitors / employees and the inherent operations
of the use(s) on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the
general requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
3. Manufacturing
4. Processing and Storage
5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
2. Parking shall be predominantly screened from the roadway with landscaping
features, and separated from the roadway’s sidewalks or multi-use paths by one or more
of the following Qualifying Open Spaces (as defined in Appendix F, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this
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Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience
on the adjacent public sidewalk or recreation path, (2) largely screen parking from the
street right-of-way, and (3) provide for additional usable open space on the parcel. The
open space shall represent a minimum of 35% of the total square footage of the parking
spaces (not including circulation infrastructure) proposed to be located in front of the
building.
3. The minimum required landscaping budget established by the Development
Review Board pursuant to Section 13.06 shall increase by a percentage that is equivalent
to the percentage of the total parking that is proposed to be located between a public
street and the building(s) on a lot. Of this total increased landscaping budget, the
percentage that must be dedicated to installation of landscaping in the front yard shall be
equivalent to the percentage of the total parking that is proposed to be located between
a public street and the building(s) (e.g., if the minimum required landscaping budget
before any increase was $100,000, and if 10% of the total parking for the lot is proposed
to be located between a public street and the building(s), then the minimum required
landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000,
and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated
to installation of landscaping in the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to
the building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access
from the street to the building’s main entrance.
(c) Where more than one building exists or is proposed on a lot, the total width of all parking
areas located to the side of building(s) at the building line shall not exceed one half of the width of all
building(s) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt
from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a lot
abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the
front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with
sufficient landscaping to screen the parking from view of the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials
and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
screens and visual interruptions to create attractive transitions between buildings of different
architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
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14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
or collector street, to provide additional access for emergency or other purposes, or to improve general access
and circulation in the area.
B. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring properties and
to the site. Standards of Section 15.13, Utility Services, shall also be met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for
use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or
screened.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and
Street Trees.
E. Modification of Standards. Except within the City Center Form Based Code District, where the
limitations of a site may cause unusual hardship in complying with any of the standards above and waiver
therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify
such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met.
However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any
property boundary and in no case shall be the DRB allow land development creating a total site coverage
exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing
the coverage on sites where the pre-existing condition exceeds the applicable limit.
F Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other
techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils
and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the
standards contained within Article 12.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
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14.08 Integration of Procedures
A. General. Except within the City Center Form Based Code District, there may be applications where the
particular circumstances of a proposed development require compliance with other procedures in these
regulations, such as conditional use permit review. In such cases, the Development Review Board shall
integrate site plan review as required by this article with the other procedural and/or submission
requirements. Such integration of procedures may require, upon mutual written consent of the Development
Review Board and the applicant, reasonable modification of the time schedules otherwise stated in this article
or in said related regulations or requirements.
14.09 Administrative Review
A. Authority. The Department of Planning and Zoning is hereby authorized to conduct administrative
review and approval of site plan applications for principal permitted uses and conditional uses, as provided
below.
B. Determination of Eligibility, except within the City Center Form Based Code District. All
determinations of eligibility for administrative review are subject to the discretion of the Director of Planning
and Zoning. The Administrative Officer shall not approve administrative amendments to master plans,
subdivisions, or variances. The Administrative Officer may review, approve, approve with conditions, or deny
administrative amendments to site plans involving a principal permitted use, site plans involving an approved
conditional use, and site plans of planned unit developments, if the proposed amendment meets one or more
of the following criteria:
(1) Relocation of site improvements and/or accessory structures that have been previously approved,
provided that such relocations do not alter the approved coverage for the site.
(2) Re-approval of plans if a permit issued by the Development Review Board has expired within the
preceding six months and no changes or alterations of any kind are proposed, including those outlined in
(4) below.
(3) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that
such adjustments do not require the amendment of any condition of approval in the most recent findings
of fact.
(4) Minor alterations to an approved landscaping plan such as substitution of appropriate similar
species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in
the amended plan is equal to or exceeds the amount approved by the Development Review Board.
(5) An increase in building area and/or impervious coverage totaling less than five thousand (5,000)
square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised
that the cumulative total increase in building area and/or site coverage cumulatively permitted through
all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three
percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall
be required for any amendment exceeding these limits.
(6) All coverage and other limitations pursuant to these regulations shall apply in determining
whether an administrative amendment shall be approved.
(7) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback
and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974).
(8) Changes in use of all or part of a building or structure with prior site plan approval to a permitted
use in the applicable zoning district, provided the proposed use, whether solely or in combination with
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other uses subject to the same approval, will not result in any permitting requirement or threshold being
exceeded or violated.
C. Determination of Eligibility within City Center Form Based Code District. The Administrative Officer
shall review all applications except:
(1) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments);
(2) Applications involving new proposed public rights-of-way, parks, or other land proposed to be
deeded to the City of South Burlington;
(3) Requests for development within any of the water or wetlands resources identified within Article
12 of these Regulations;
(4) Applications for development within Areas of Special Flood Hazard; or
(5) Where specifically stated in these Regulations
D. Reporting of Decisions. All administrative approvals, except those within the City Center FBC District,
shall be reported by the Administrative Officer to the Development Review Board at least annually, and all
such decisions of the Administrative Officer shall state that the decision may be appealed in accordance with
State law.
E. Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative
Officer contains no conditions requiring modifications to plans or supplemental submissions, the
Administrative Officer may issue any required zoning permit concurrently with the decision.
14.10 Conditional Use Review: General Provisions and Standards
A. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular
zoning district upon showing that such use in a specified location will comply with all the general and specific
standards for the location or operation of the use as specified in these regulations and as authorized by the
Development Review Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In
granting approval for a conditional use, the Development Review Board may attach such additional,
reasonable conditions and safeguards as it may deem necessary to implement the purposes of these
regulations.
C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be
required prior to issuance of a zoning permit in all districts where such uses are listed as conditional uses in
the District Regulations. Any alteration, extension or other change to an existing conditional use shall require
review under the requirements of this section.
D. Review and Approval Procedure. A use designated as a conditional use in any district may be
permitted by the Development Review Board, after public notice and public hearing, according to the
following procedures:
(1) Any conditional use shall be either:
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(a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed
under the requirements of Article 14, Site Plan and Conditional Use Review; or,
(b) subject to planned unit development review and therefore reviewed under the requirements
of Article 15, Planned Unit Development.
(2) The Development Review Board may require submission of plans, data, or other information in
addition to the requirements of Article 14, as it deems necessary.
(3) The Development Review Board shall act to approve or disapprove a requested conditional use
within forty-five (45) days after the close of the final public hearing held under this section, and failure to
so act shall be deemed approval.
(4) In approving a conditional use, the Development Review Board may attach additional
requirements as it may deem necessary to implement the provisions of the South Burlington
Comprehensive Plan and these regulations.
E. General Review Standards. The Development Review Board shall review the proposed conditional
use for compliance with all applicable standards as contained in these regulations. The proposed conditional
use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district
within which the project is located, and specifically stated policies and standards of the municipal plan.
(3) Traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
(5) Utilization of renewable energy resources.
F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only
one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for
more than six (6) months for any reason, unless an umbrella approval has been granted.
14.11 Conditional Use Review: Specific Uses and Standards
A. Parking garages. Review of such use shall include a review of the proposed structure's aesthetics and
potential off-site impacts including but not limited to lighting, traffic, and circulation.
B. [Reserved]
C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service station
that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use,
subject to the following:
(1) The proposed convenience store shall be an accessory use located on the same lot as primary use
service station.
(2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged
foods for personal or household consumption.
(3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000)
square feet.
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(4) Location of primary use. The service station shall have a minimum street frontage of one hundred
(100) feet on an arterial road.
(5) [Reserved]
(6) [Reserved]
(7) Hours of operation. The consumer convenience center shall be accessory to the primary use and
as such shall be open for business during the same hours as the pumping operation of the service station.
(8) Parking. Where parking is located near a residential district boundary, the applicant shall provide
landscaping, and/or fencing or screening in the mandatory setback.
(9) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that
the proposed lighting plan will adequately light the store exterior and related parking area and will not
shed light onto abutting residentially zoned land.
D. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service stations shall be
permitted within one thousand (1,000) linear feet in any direction from the property boundaries of an existing
gasoline filling station or service station.
E. Processing and Storage.
(1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the
DRB consistent with the character of the adjacent neighborhood and proximity to residential areas and
residentially-zoned lands.
(2) The DRB shall have the authority to limit the total square footage that may be devoted to
processing and storage on any lot or within any one building to ensure compatibility with adjacent land
uses.
[additional items reserved]
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15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW
15.01 Purpose
15.02 Authority and Required Review
15.03 Allowed Uses, Densities, Zoning Boundary Adjustments and Perimeter Setbacks
15.04 General Subdivision and PUD Review Procedures
15.05 Sketch Plan Review
15.06 Review and Approval of Minor Subdivision
15.07 Master Plan Review and Approval
15.08 Major Subdivision, Transect Zone Subdivision, or PUD Approval Procedure
15.09 Final Plat Recording
15.10 Lot Layout
15.11 Relation to Scenic View Protection Overlay District
15.12 Standards for Roadways, Parking and Circulation
15.13 Utility Services
15.14 Required Public Facilities and Improvements
15.15 Performance Bonds, Escrow Accounts and Letters of Credit
15.16 Acceptance of Streets and Required Public Facilities and Improvements
15.17 Certificate of Title
15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions, and Master Plans
15.19 Minor Lot Line Adjustments
15.01 Purpose
It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for
relief from the strict dimensional standards for individual lots in these Regulations in order to encourage
innovation in design and layout, efficient use of land, and the viability of infill development and re-
development in the City’s Core Area, as defined in the Comprehensive Plan. It is the further purpose of this
Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development
Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated
development in the City of South Burlington and to assure the comfort, convenience, safety, health and
welfare of its citizens.
15.02 Authority and Required Review
A. Authority
(1) Pursuant to Section 4413 through Section 4421 of 24 VSA Chapter 117, as amended, the
Development Review Board shall have the authority to review and approve, approve with conditions or
deny an application for subdivision of land pursuant to the standards in these Regulations.
(2) In accordance with the provisions of Subsections (3) and (12) of Section 4407 of Title 24 VSA
Chapter 117, the Development Review Board shall have the authority to review and approve, approve
with modifications, or deny Planned Unit Developments and Planned Residential Developments (PUDs).
Planned Unit Developments shall not be permitted within The City Center FBC District.
(3) In conjunction with PUD review, the modification of these Land Development Regulations is
permitted subject to the conditions and standards in this Article and other applicable provisions of these
Regulations.
(4) Notwithstanding section 15.02(A)(3), however, the following standards shall apply to all PUDs:
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(a) in no case shall the DRB permit the location of a new structure less than five (5) feet from any
property boundary, and, in no case shall the DRB permit the location of a structure not in compliance
with Section 15.03(D).
(b) In no case shall be the DRB allow land development creating a total site coverage exceeding
the allowable limit for the applicable zoning district in the case of new development, or increasing the
coverage on sites where the pre-existing condition exceeds the applicable limit.
(c) In no case shall the DRB permit the location of parking not in compliance with Section 14.06
(B) (2).
(5) Pursuant to this Article, the South Burlington Development Review Board shall have the further
authority to review and approve, approve with modifications, or deny a Master Plan reviewed in
conjunction with a PUD. A Master Plan shall be a binding sub-part of a PUD approval and shall not be
construed as a separate land development review procedure from the PUD procedures set forth in this
Article.
(6) The modification of the maximum residential density for a zoning district shall be permitted only
as provided in the applicable district regulations and/or for the provision of affordable housing pursuant
to Section 13.14 of these Regulations.
B. Applications for which PUD review is required. For certain uses and in certain districts, applications
for development review must be made as a PUD pursuant to this Article. Such uses and districts are noted
below, in Table C-1, Table of Uses, and in individual district articles in these Regulations. For all land
development activities meeting these standards, PUD review shall be required unless an application is being
made pursuant to specific provisions in a PUD permit issued by the DRB that apply to the land involved and
specify another review procedure. The Master Plan requirements of this Article may apply in addition to the
standard PUD requirements, as set forth in Section 15.07 below. Developments that ordinarily shall be subject
to PUD review are:
(1) All applications for development in the Southeast Quadrant District other than a single-family or
two-family residence,
(2) All applications for educational facilities and educational support facilities in the Commercial 1
and Institutional-Agricultural Districts
(3) All applications in which the total area of all involved lands is ten (10) acres or more, except within
the City Center FBC District.
C. Elective PUD Review. In all districts of the City except the City Center FBC District, any applicant for
site plan, conditional use and/or subdivision review, or any other application for land development requiring
action by the Development Review Board, may request review pursuant to the PUD process and regulations,
except for parcels of land less than two (2) acres in the following districts: R1, R1-LV, R2, R4, and LN.
15.03 Allowed Uses, Densities, Zoning Boundary Adjustments and Perimeter Setbacks
A. Uses Allowed. In any application for PUD review, all uses allowed as permitted or conditional uses in
the underlying district(s) involved in the application shall be deemed to be permitted uses and a separate
conditional use permit or permits shall not be required.
B. Density. In any application for PUD or subdivision review, the overall density or FAR allowable for the
land in question shall be the same as for the underlying district(s) involved in the application.
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C. Zoning District Boundary Adjustment. In conjunction with a PUD or subdivision application involving
land in two or more zoning districts, the DRB may at its discretion approve a request to relocate the boundary
of the zoning district up to fifty (50) feet in either direction within the area affected by the application.
D. Perimeter Setbacks. Any principal structure proposed on a lot that borders any of the districts in
Article IV or the SEQ-NR, SEQ-NRP, SEQ-VR or SEQ-NRT SEQ Sub-Districts must meet the setback required by
these Regulations for the adjoining district for the type of yard (side or rear) that is immediately adjacent in
the above-referenced district.
15.04 General Subdivision and PUD Review Procedures
A. Subdivision and PUD Process Unified. It is a purpose of these regulations to provide for a unified
review process for subdivisions and Planned Unit Developments, in keeping with the provisions of 24 VSA
Chapter 117, as amended. While some provisions of these regulations may apply only to the strict subdivision
of land and others only to a strict planned unit development project without land subdivision, the intent of
these regulations is to unify the process to the greatest extent possible. Therefore, any questions as to the
required elements of a PUD or subdivision application or the standards applicable to a specific case shall be
interpreted based on the context of Article 15 of these regulations, and the appropriateness and relevance of
a given standard or provision of Article 15 to a PUD or subdivision application.
B. Statement of requested waivers required for PUDs. Any applicant utilizing PUD review must provide
a list of waivers and other relief sought through PUD review from the strict dimensional standards, subdivision
standards, site plan review standards, or other applicable provisions of these Regulations.
15.05 Sketch Plan Review
A. Sketch Plan Required for PUD and Subdivision. For the purpose of classification and initial review,
any applicant for a subdivision, Transect Zone subdivision, or PUD of land shall, prior to submitting an
application for subdivision approval, submit to the Administrative Officer the elements required in Appendix
E, Submission Requirements:
B. Site plan information. All applicable information required for a site plan pursuant to Section 14.05 of
these Regulations shall be submitted at preliminary plat stage for subdivisions involving commercial or
industrial uses, multi-family uses, or planned unit development.
C. Sketch plan review procedures.
(1) Classification. The Administrative Officer shall, prior to the meeting on the sketch plan, classify
the subdivision proposal as a Minor Subdivision, a Major Subdivision/PUD, or a Transect Zone subdivision.
The Administrative Officer shall also determine whether the application requires Master Plan review, and
shall duly note any request by an applicant for review and approval pursuant to the PUD and/or Master
Plan provisions in Article 15.
(2) Meeting required. The applicant, or his duly authorized representative, shall attend the meeting
of the Development Review Board on the sketch plan to discuss the application.
(3) Review by DRB. The Development Review Board shall determine whether the sketch plan meets
the purposes of these regulations and shall, where it deems necessary, make specific suggestions to be
incorporated by the applicant in subsequent submissions. At this time, the Development Review Board
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may determine that a minor subdivision developer shall supply additional material normally required for
a major subdivision at the warned public hearing.
15.06 Review and Approval of Minor Subdivisions
A. Application for Minor Subdivision Approval. After classification of the proposed subdivision as a
minor subdivision, and within six months after the meeting on the sketch plan for the application, the
applicant shall be allowed to bypass the preliminary plat process and proceed directly to filing an application
for the approval of a final subdivision plat. This Section 15.06 shall apply to minor subdivisions only, and shall
not apply to applications for PUD approval or any applications requiring Master Plan approval.
B. Final Plat Requirements for Minor Subdivision Approval. See Appendix E, Submission Requirements.
C. Public Hearing for Final Plat for Minor Subdivisions. A public hearing shall be held by the
Development Review Board after submission of the Final Subdivision Plat and all required information to the
Administrative Officer. Said hearing shall be warned in accordance with the public notice provisions of the
Vermont Planning and Development Act. The DRB shall take action to approve, approve with conditions or
deny the final plat application at a duly warned public hearing in accordance with Section 15.08(E) of this
Article.
15.07 Master Plan Review and Approval
A. Master Plans Established. For any application involving subdivision for which the applicant has sought
Master Plan approval, or for which Master Plan approval is required, the applicant shall follow the procedures
outlined in this Section. The applicant may elect to apply simultaneously for preliminary plat and/or
preliminary site plan approval for a portion or portions of the affected property.
B. Master Plan Optional or Required. As part of the PUD and/or subdivision review process, any
applicant for land development involving ten (10) or more contiguous acres may submit an application for
Master Plan except within the Transect Zones. Master plan review also shall be required as a step in the PUD
or subdivision review process in the following cases:
(1) Development of more than ten (10) dwelling units in the Southeast Quadrant
(2) Development of more than ten (10) units in a five (5) year period in the R1-Lakeshore District.
C. Master Plan Review Process.
(1) Master Plan. An applicant meeting the criteria in (B) above shall submit a sketch plan for review
by the DRB. After identification of the proposed project as requiring a master plan, and within six (6)
months after the final DRB meeting on the sketch plan (or a longer period if mutually agreed by the
applicant and the DRB, but not exceeding two (2) years in total), the applicant shall file an application for
approval of a master plan. The plan shall conform to the layout shown on the sketch plan, incorporating
recommendations made by the Development Review Board.
(2) Combined with Preliminary Site Plan or Preliminary Plat Review. The Master Plan application
may, at the applicant’s request, be combined with preliminary site plan or preliminary subdivision plat
review for a discrete portion or all of the property proposed for development. Any areas of the lands
proposed for development for which master plan review is secured but preliminary site plan or
preliminary plat review is not shall require preliminary site plan or plat review at a subsequent time prior
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to receiving final approval. The DRB shall review the master plan and all areas proposed for preliminary
plat simultaneously, and shall make separate findings of fact as to the master plan and the areas reviewed
for preliminary plan or plat. The findings of fact pertaining to the master plan shall be binding on the DRB
and the applicant for all subsequent preliminary site plan or preliminary plat applications made pursuant
to the master plan approval.
(3) Master Plan Application. Submission requirements are as listed in Appendix E, Submission
Requirements.
D. Approval and Amendment of Master Plan.
(1) Upon receipt of a complete application for master plan approval, with or without an associated
preliminary site plan or preliminary plat application, the DRB shall take action to approve, approve with
conditions, or deny the master plan at a duly warned public hearing.
(2) In its approval of a Master Plan, the DRB shall specify the level of review and process required for
subsequent applications pursuant to the approved Master Plan provided such procedure is consistent
with the intent of these Regulations. The DRB may, for example, specify that final site plan only shall be
required for specified portions of a project subject to a master plan, or that a section of a PUD shall be
able to be amended with a final plat amendment action.
(3) Any application for amendment of the master plan, preliminary site plan or preliminary plat that
deviates from the master plan in any one or more of the following respects, shall be considered a new
application for the property and shall require sketch plan review as well as approval of an amended master
plan:
(a) An increase in the total FAR or number of residential dwelling units for the property subject
to the master plan;
(b) An increase in the total site coverage of the property subject to the master plan;
(c) A change in the location, layout, capacity or number of collector roadways on the property
subject to the master plan;
(d) Land development proposed in any area previously identified as permanent open space in the
approved master plan application; and/or
(e) A change that will result in an increase in the number of PM peak hour vehicle trip ends
projected for total buildout of the property subject to the master plan.
(4) Any application for amendment of the master plan that does not reduce the total area or alter
the location of proposed permanent open spaces, and which does not meet any of the criteria in (3) above,
and any application for preliminary plat or preliminary site plan that is found to be consistent with the
findings of fact for the master plan, shall not require sketch plan review. The DRB may, at its discretion,
allow applicants for preliminary plat or preliminary site plan review pursuant to a master plan to combine
preliminary and final review into one application and approval action.
(5) The DRB may in its findings of fact on the master plan, or its approval of a site plan or preliminary
plat pursuant thereto, specify certain minor land development activities (such as but not limited to the
addition of decks or porches to dwelling units) that will not require DRB action, and may be undertaken
pursuant to issuance of a Zoning Permit.
(6) The City shall in its approvals maintain a record of such criteria as are applicable to the project
such as residential density, FAR, total site coverage, required off-street parking, sewer capacity, and the
location and status of public amenities.
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15.08 Major Subdivision, PUD, or Transect Zone Subdivision Approval Procedure
A. Preliminary Plat Application. After classification of the proposed subdivision as a major subdivision
and within six (6) months of the meeting on the sketch plan, the applicant shall file an application for the
approval of a preliminary plat with the Administrative Officer. The preliminary plat application shall consist of
the elements listed within Appendix E, Submission Requirements.
B. Preliminary Plat Public Hearing and Approval
(1) Public hearing. A public hearing shall be held by the Development Review Board after submission
of the preliminary plat and all required information to the Administrative Officer. Said hearing shall be
advertised and warned in accordance with the public notice provisions of the Vermont Planning and
Development Act.
(2) Attendance at public hearing required. The applicant, developer, or his duly authorized
representative shall attend all required meetings and hearings held under these regulations to review the
applicant’s or developer's application, including any public meetings or hearings, which are continued to
a specific time and date.
(3) Action to Approve Preliminary Plat.
(a) Within forty-five (45) days after the close of the public hearing on a preliminary plat, the
Development Review Board shall approve, modify and approve, or disapprove said preliminary plat.
Failure of the Development Review Board to act within said forty-five (45) day period shall constitute
an approval of the preliminary plat. Copies of the Development Review Board decision, along with
findings of fact, shall be sent to the applicant.
(b) When granting approval to a preliminary plat, the Development Review Board shall state the
conditions of such approval, if any, with respect to (i) the specific changes which it will require in the
preliminary plat, and (ii) the character and extent of the required improvements for which in its
opinion may be waived without jeopardy to public health, safety, and general welfare.
(c) Approval of a preliminary plat shall not constitute approval of the final plat, but rather it shall
be deemed an expression of approval of the design submitted on the preliminary plat as a guide to
the preparation of the final plat. Prior to approval of the final plat, the Development Review Board
may require additional changes as a result of further study of the application or as a result of new
information obtained at any public hearing held pursuant to these regulations.
C. Final Plat Application Procedures
(1) The applicant shall, within twelve (12) months after the approval of the preliminary plat, submit
an application for approval of the final plat to the Administrative Officer.
(2) The final plat application may be submitted in sections in accordance with the preliminary plat
and/or Master Plan approval for the property so that it shall only include the phase of the approved
preliminary plat that the applicant proposes to record and develop at that time.
(3) If the final plat, or a section thereof, is not submitted to the Development Review Board within
twelve (12) months after the approval of the preliminary plat, the Development Review Board may refuse
to act on the final plat and require resubmission of the preliminary plat.
D. Final Plat Application. The final plat application shall consist of the elements required by Appendix E,
Submission Requirements.
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E. Transect Zone Final Plat Application. After classification of the proposed subdivision as a Transect
Zone subdivision and within six (6) months of the meeting on the sketch plan, the applicant shall file an
application for the approval of a final plat with the Administrative Officer. The final plat application shall
consist of the elements listed within Appendix E, Submission Requirements.
F. Action on Final Plat
(1) Public hearing. A public hearing shall be held by the Development Review Board after submission
of the final plat and all required information to the Administrative Officer. Said hearing shall be advertised
and warned in accordance with the public notice provisions of the Vermont Planning and Development
Act.
(2) Action on Final Plat. The Development Review Board shall, within forty-five (45) days after the
close of the public hearing, approve, modify and approve, approve with conditions, or deny such plat.
Failure to act within said forty-five (45) days shall be deemed approval. Copies of the Development Review
Board decision, along with findings of fact, shall be sent to the applicant. If the Development Review Board
places any stipulations regarding the content of the plat or supporting documents, it shall require that any
stipulated changes be completed to the satisfaction of the Administrative Officer before filing of the
approved plat. The Development Review Board may establish phasing schedules for construction of
structures and may also require certain streets and other improvements to be completed prior to or
during specified phases of construction.
(3) Attendance at public hearing required. The applicant, developer, or her duly authorized
representative shall attend all required meetings and hearings held under these regulations to review the
applicant’s or developer's application, including any public meetings or hearings, which are continued to
a specific time and date. The Development Review Board may disapprove the applicant’s or developer's
application if she or her duly authorized representative fail to attend any such public hearings or meetings.
15.09 Final Plat Recording
A. Recording Required. The approval of the Development Review Board, or certification by the City Clerk
of the Development Review Board's failure to act within forty-five (45) days of the close of the final public
hearing held under these regulations, shall expire one hundred eighty (180) days from such approval or
certification unless, within such one hundred eighty (180) day period, such plat shall have been duly filed or
recorded with the office of the City Clerk. No subdivision plat which requires Development Review Board
approval may be filed or recorded in the office of the City Clerk until it has been approved by the Development
Review Board and such approval is endorsed in writing on such plat by the Development Review Board
Chairman or Clerk, or the certificate of the City Clerk showing the failure of the Development Review Board
to take action within said forty-five (45) day period is attached thereto and filed or recorded with said plat.
The plat to be filed with the City Clerk shall comply with the requirements of the Vermont Statutes Annotated,
as presently enacted or as hereinafter from time to time amended. After such filing or recording, the plat shall
be part of the South Burlington Official Map.
B. Submittal of documents required. Endorsement shall not take place until all required plats,
construction drawings, and supporting documents have been submitted to the Administrative Officer per the
requirements of this section and in digital form and determined to be complete and accurate. If all required
submissions are not determined to be complete and accurate within the one hundred eighty (180) day period,
then subdivision approval shall be void and the application must be resubmitted for final plat approval.
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C. Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall be made
on any subdivision plat after approval has been given by the Development Review Board and endorsed in
writing on the plat, unless said plat is first resubmitted to the Development Review Board and the
Development Review Board approves any modification. In the event that such subdivision plat is recorded
without complying with this requirement, the plat shall be considered null and void and the Development
Review Board shall institute proceedings to have the plat stricken from the records of the City Clerk.
D. Endorsement by the Development Review Board. Every approved subdivision plat shall carry an
endorsement on the copy to be filed with the City Clerk stating that the plat has been approved by Resolution
of the Development Review Board of the City of South Burlington, Vermont, and specifying the date of such
approval, subject to the requirements of said conditions of said Resolution, and signed and dated by the
Chairman or Clerk of the Development Review Board.
15.10 Lot Layout
A. Lots shall be laid out in such a way that they can be developed in full compliance with these land
development regulations, and giving consideration to topography, soils, and drainage conditions.
B. Except within the City Center FBC District, the following standards shall apply: Corner lots shall have
extra width to conform to setbacks on each street. No subdivision showing any reserved strips shall be
approved. A width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review
Board in evaluating lot proportions. Developments consisting predominantly of square or roughly square lots
or lot with an excessive length to width ratio (i.e. spaghetti lots) shall not be approved.
C. Within the City Center FBC District, the following standards shall apply: All subdivisions shall contain
allowable lot dimensions, block dimensions and street typologies in the applicable / relevant Transect Zone
Building Envelope Standards.
15.11 Relation to Scenic View Protection Overlay District (Article 10)
The Development Review Board may approve a proposed subdivision, though development of one or more
lots in the proposed subdivision with construction of a structure would exceed the limitations of the Scenic
View Protection Overlay District in these regulations ("view restrictions") in accordance with the provisions in
Article 10.
15.12 Standards for Roadways, Parking and Circulation
A. Street Layout. The arrangement of streets in the subdivision shall provide for the continuation of
arterial, collector and local streets of adjoining subdivisions and for proper projection of arterial, collector and
local streets through adjoining properties that are not yet subdivided, in order to make possible necessary fire
protection, movement of traffic and construction or extension, presently or when later required, of needed
utilities and public services such as recreation paths, sewers, water and drainage facilities. Where, in the
opinion of the Development Review Board, topographic or other conditions make such continuance
undesirable or impracticable, the above conditions may be modified. In no case shall gates of any kind be
permitted across public or private roads, or driveways serving more than one dwelling unit.
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B. Relationship to Traffic Overlay District. In all PUDs and subdivisions in which the provisions of the
Traffic Overlay District in Section 10.02 of these Regulations apply and in which the Traffic Overlay District
provisions conflict with those of this section, the more restrictive provisions shall apply.
C. Topography. Streets shall be logically related to the topography so as to produce usable lots,
reasonable grades, and safe intersections in appropriate relation to the proposed use of the land to be served
by such streets. Adequate provisions shall be made in the project’s stormwater management system to
prevent flooding in the streets and erosion or other adverse impacts on adjacent properties.
D. Criteria for Public and Private Roadways.
(1) In reviewing PUD, subdivision and master plan applications, the DRB shall have the authority to
require the construction of roadways to City standards and the dedication of roadways to the City. The
DRB also shall have the authority, subject to the limitations in (3) below, to waive this requirement and to
allow private streets, and/or public streets not built to full City standards as set forth in Table 15-1 and
Figure 15-1.
(2) Public roadway required. The DRB shall require a roadway to be built to City standards in Table
15-1, Figure 15-1, and the Transect Zone Street Typologies contained within Article 11 and dedicated to
the City as a public roadway if one or more of the following situations applies:
(a) The proposed roadway will or could provide a future extension to an adjoining property.
(b) The right-of-way or proposed alignment of the proposed roadway is consistent with the right-
of-way for a proposed City street shown on the Official Map; the City Council shall have the authority
to determine if a proposed right-of-way with a similar location and/or alignment to a right-of-way on
the Official Map must be required to be a public roadway.
(c) The Development Review Board determines that the proposed length of a roadway or the
significance of the roadway within the City’s street network warrants public ownership.
(d) The proposed roadway serves one (1) or more lots occupied by and/or proposed for non-
residential or mixed-use development.
(3) Private roadways allowed. The DRB may at its discretion approve a roadway or roadways within
a subdivision or PUD to be private if one or more of the following situations applies:
(a) The proposed roadway functions as a private frontage or service road to serve more than one
(1) commercial lot, and the Development Review Board determines such a road would be consistent
with the standards for PUDs in this Article.
(b) The proposed roadway functions as a private service or access road within a commercial
subdivision or PUD, and the Development Review Board determines such a road would be consistent
with the standards for PUDs in this Article.
(c) The proposed roadway serves five (5) or fewer single-family or duplex dwellings, in any
combination of the two types of dwellings.
(d) The proposed roadway has only one (1) point of access on another existing or proposed public
roadway, and serves nine (9) or fewer dwelling units in any combination of single-family, duplex or
multi-family dwellings.
(e) The proposed roadway has two (2) or more points of access on another existing or proposed
roadway and serves nineteen (19) or fewer dwelling units in any combination of single-family, duplex
or multi-family dwellings.
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(f) The homes built on a private roadway must be sprinklered to the satisfaction of the South
Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed upon prior to plat
approval. This requirement may be waived be the DRB upon recommendation by the City of South
Burlington Fire Chief.
(4) Connections to adjacent parcels.
(a) If the DRB finds that a roadway or recreation path extension or connection to an adjacent
property may or could occur in the future, whether through City action or development of an adjacent
parcel, the DRB shall require the applicant to construct the roadway to the property line or contribute
the cost of completing the roadway connection.
(b) In determining whether a connection to an adjacent property may or could occur, and the
location and configuration of such connection, the DRB may consider:
(i) The existence of planned roadways or recreation paths in the City’s Comprehensive Plan,
Official Map, or these Regulations;
(ii) The requirements of the Zoning District in which the adjacent property is located and
whether these Regulations allow additional development or development density on the adjacent
parcel;
(iii) The context of the proposed development’s setting in relation to the adjacent property;
(iv) The presence of physical obstacles to such a connection, such as wetlands, water bodies,
or steep slopes;
(v) The presence of legal restrictions to development or use on the adjacent property;
and/or;
(vi) Any other information it deems necessary to make its determination.
(c) If the DRB finds that a roadway or recreation path connection to an adjacent property may or
could occur, but the maximum allowed length of the proposed dead end street will not connect the
roadway or recreation path to the adjacent property, the DRB may accept a dedication of a right-of-
way to the property line and/or impose a condition that any future development on the property
requires construction of the roadway or recreation path to the property line.
(d) For roadway connections, sufficient right-of-way shall be dedicated to accommodate two (2)
lanes of vehicle travel, City utilities, and a ten-foot wide grade-separated recreation path. For
independent recreation path connections, a right-of-way with a minimum width of twenty feet (20’)
is required.
(e) Any such roadway or recreation path shall include one or more signs indicating the intent to
construct future connections to the street or recreation path.
(5) Nothing in this section shall be construed to limit the authority of the DRB to grant waivers of
public roadway standards subject to the provisions of §15.12(D)(4).
E. Standards for Construction of Roadways
(1) All streets shall be constructed completely by the applicant.
(2) All public roadways shall be built to the specifications in Table 15-1,Figure 15-1, and the Transect
Zone Street Typologies contained within Article 11 unless specifically authorized otherwise by the DRB in
its final approval of the subdivision or PUD.
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(3) All private roadways shall be built to the specifications set forth in this section with the exception
of curbing and widths. All private roadways shall be a minimum width of twenty-six (26) feet with parking
and twenty (20) feet without parking.
(4) Modification of Roadway Standards.
(a) In any PUD or non-Transect Zone subdivision, the DRB may specifically authorize modification
of the City’s roadway standards in Table 15-1 below if it specifically finds that such modification is in
furtherance of Comprehensive Plan policies and the goals for the specific zoning district in which a
project is located, and that such modification is consistent with provisions for the public health, safety
and welfare and the orderly development of the City. In making such a finding, the DRB shall consider
the recommendation of the City Engineer, Director of Public Works and Fire Chief with respect to the
City’s ability to provide public services to the proposed subdivision or PUD.
(b) In any Transect Zone subdivision, see Article 11, Transect Zone Street Typologies.
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Table 15-1 Street Design Standards(1)
Arterial Collector Local Private
Minimum ROW width 80’ 60’ 50’ n/a
Minimum pavement width 48’ 30’ 28’(2) 26’(4)/20’(5)
Curbing required? yes yes DRB discretion no
Maximum grade 6% 8% 10%
Minimum grade 0.5% 0.5% 0.5%
Minimum radius of
curves(3) 1000’ 500’ 300’
Minimum tangent length
between reverse curves 200’ 150’ 100’
Minimum distance
between center line offsets 400’ 300’ 200’
Angle at intersection of
street center lines
90o 90o 80o-90o
Minimum vertical sight
distance
400’ 300’ 200’
Minimum horizontal sight
distance 800’ 500’ 300’
Maximum grades within
100’ center line of
intersection
2% 3% 3%
Notes: (1) These standards do not apply for streets within the Transect Zones. Refer instead to Article 11, Transect Zone
Street Typologies.
(2) Minimum pavement width for local streets intended to serve primarily commercial or industrial uses shall be 32 feet
unless determined otherwise by the DRB pursuant to Section 15.12(D)(4) above.
(3) Minimum radius of curves shall be measured at centerline of pavement. This standard is acknowledged to vary in
order to conform to minimum sight distance requirements.
(4) With parking
(5) Without parking
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Figure 15-1A, Street Detail, Typical Section (1)
(1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the
Transect Zone Street Typologies within Article 11 shall apply.
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Figure 15-1B, Street Details, Residential, Commercial or Industrial Street (1)
(1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect
Zone Street Typologies within Article 11 shall apply.
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Figure 15-1C, Street Details, Streets with Concrete Curbs (1)(2)
(1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the
Transect Zone Street Typologies within Article 11 shall apply.
(2) The use of precast modular permeable concrete products as a sidewalk material are permitted in all locations.
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Figure 15-1D, Street Details, Streets without Concrete Curbs(1)
(1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect
Zone Street Typologies within Article 11 shall apply.
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F. Entrances
(1) The nearest signalized intersection or those intersections specified by the DRB shall have an
overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully
developed proposed PUD or subdivision. In addition, the level of service of each through movement on
the major roadway shall have a level of service “D” or better at full buildout.
(2) Entrances to PUDs and subdivisions generally shall be separated by a minimum distance of four
hundred (400) feet on either side of a public street, in order to ensure safe access and traffic movement
into and out of the PUD or subdivision. However, entrances to PUDs and subdivisions may be allowed on
opposite sides of a public street if substantially aligned with each other.
(3) Signalized entrances to PUDs and subdivisions shall be separated from signalized intersections
(measured between the near edges of the driveway and intersection) based on the following street traffic
volumes:
Table 15-2: Signalized Intersections to PUDs
Projected Peak Hour (vph per access lane) Volume Distance (feet)
Below 450 300
450-550 350
551-650 400
651-750 450
751 and greater 500
(4) The location and design of project access shall make provisions for improved access management
and traffic safety. Specifically, the design of PUD and subdivision access points shall:
(a) Maximize the use of secondary streets for access and circulation
(b) Align access points with existing intersections and/or curb cuts
(c) Consolidate existing curb cuts within the PUD property
(d) Provide for safe access to abutting properties
(e) Make provisions for safe access, with provisions for appropriate sight distances and
accommodations for high-accident locations
(f) Provide deceleration, acceleration and/or turn stacking lanes as appropriate to meet the
standards in (1) above.
(g) Provide adequate curb radii to accommodate the anticipated speeds and types of vehicles.
G. Emergency Access. Paved access for emergency vehicles shall be provided to within one hundred
(100) feet of the principal entry for multi-family dwellings, and commercial, industrial, and institutional
establishments. All streets and highways shall be of sufficient width and suitable grade and shall be so located
to facilitate fire protection and coordinated so as to compose a convenient system properly related to the
plan.
H. Standards for Internal Circulation and Parking. The design of internal circulation patterns and parking
areas shall meet the criteria for site plans in Article 14 of these Regulations. For applications in the City Center
FBC District, the design shall meet the standards in Article 8 of these regulations.
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I. Street Jogs. Street jogs with center line offsets of less than two hundred (200) feet shall not be
allowed, unless specifically approved by the DRB for purposes of traffic calming, upon concurrence of the Fire
Chief and City Engineer.
J. Street End Alternatives. Dead end street designs are shown in Figures 15-1E through 15-1H and are
recommended only in residential districts. Hammerhead Turnaround designs, as shown in Figures 15-1F
through 15-1H are the City’s preferred street end configuration. Cul-de-sac designs, as shown in Figure 15-1E,
are only allowed in residential districts. The length of a dead-end street shall be subject to the review and
approval of the Fire Chief and City Engineer and these Regulations. The number of dwelling units served by
any dead end street, or system of streets sharing a common single access to an arterial or collector street,
shall not exceed fifty (50) unless additional connections to other streets are approved by the
Development Review Board after consultation with the City Engineer and Director of Planning & Zoning.
If it is reasonably foreseeable that the street will be extended beyond the proposed dead end to connect to
new development at some point in the future, the applicant shall provide a plat showing the street area to be
returned to adjacent property owners when the extension occurs. In addition, any required sidewalk must be
configured in such a manner that it can be utilized during the future road extension, as practical.
Figure 15-1E, Typical Cul-de-Sac (1)(2)
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(1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the
Transect Zone Street Typologies within Article 11 shall apply.
(2) Grassed and landscaped islands may be used for stormwater treatment and Sections of drop curb surrounding
these islands are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to
reach stormwater collection and management infrastructure.
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K. Street Names. Streets and their names, as approved by the Planning Commission, shall be identified
on the proposed plat. Proposed streets that are obviously in alignment with others already existing and named
shall bear the names of existing streets. In no case shall the names for proposed streets duplicate existing
street names within the City of South Burlington irrespective of the suffix, be it street, avenue, boulevard,
driveway, place or court, or other similar suffix. All street names shall conform to E-911 Regulations, as
amended.
L. Street Signs and Numbering Systems. All street signs and posts shall be provided and installed by the
City at the expense of the subdivider. Directional signs at the entrance of cluster developments and at other
appropriate locations shall be provided to identify clearly the address and location of all residential units. All
signs shall conform to the South Burlington Sign Ordinance, as amended.
M. Sidewalks and Recreation Paths.
(1) Unless otherwise provided in the specific regulations in Article 9 (SEQ) or in the City Center Form
Based Codes District, sidewalks and/or recreation paths shall be installed along both sides of arterial
streets, along both sides of collector streets in commercial areas, along one side of collector streets in
noncommercial areas, and along one side of local streets. The specific location of sidewalks and/or
recreation paths shall be determined by the DRB.
(2) Sidewalk and/or path to curb distance shall be at least five (5) feet or as otherwise approved by
the City Engineer (see street details in Figure 15-1) or required by the applicable City Center FBC District
Transect Zone.
(3) Sidewalks shall be laid out so as to maximize southern exposure.
(4) Sidewalks and/or paths in the Transect Zones shall comply with Article 11, Transect Zone Street
Typologies.
(5) Permanent pedestrian easements, twenty (20) feet in width, may be required through blocks six
hundred (600) feet or more in length, or as a continuation of cul-de-sacs, or in conjunction with utility
easements in order to facilitate pedestrian circulation within the subdivision or PUD or access to adjoining
neighborhoods and public property or community focal points such as parks, schools, and other public
property, shopping centers, centers of employment, and community recreation facilities, etc. Additional
pedestrian easements shall be reserved in conformance with the pedestrian trail and recreation path
systems as indicated in the Official Map and Comprehensive Plan.
15.13 Utility Services
A. Utility Easements. Easements of sufficient width shall be provided in locations acceptable to the City
Engineer so as to serve both the proposed subdivision and existing and anticipated development outside the
subdivision.
B. Public Water Service.
(1) The existing public utility system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure. Construction shall conform to City Water Department requirements as
outlined in "Water Department specifications", adopted March 8, 1978 (or as may be amended from time
to time). All proposed off-site water line construction plans shall be approved by the Water Department
prior to installation.
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(2) The subdivider or developer may be required to design and install water mains and appurtenances
of larger sizes than the immediate need for his development would require in order to conform to the
City Water Department and/or Champlain Water District master plan for water main sizes.
C. Private/On-Site Water Service. A community system or other means of providing water to the
subdivision may be approved by the DRB and shall be designed and installed in accordance with all applicable
municipal and state regulations and standards. Community water systems shall be designed in such a way that
they may eventually be connected to the municipal water supply system. Evidence of the location and
availability of potable water in adequate quantities shall be provided. Due consideration in the location of
community or individual water systems shall be given with respect to building sites, roadways, septic systems,
flood water levels, and other factors affecting the potability of water supplies.
D. Public Wastewater Service
(1) The subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off-lot wastewater is
proposed. The subdivider or developer is required to provide such pumping and other facilities as may be
necessary.
(2) If, due to planning for future subdivision or future users, the subdivider or developer is requested
by the Development Review Board to over-design and over-build said utilities or portions thereof so that
future users may connect onto the system, the City shall pay the difference between the cost of the
improvements necessary for the subdivision and the cost of over-designing and over-building.
(3) Any such Development Review Board request to over-design and over-build said utilities shall be
submitted by the Development Review Board to the City Council for approval. If the Council fails to
approve the over-design and over-build request within the time set out for preliminary approval, it shall
be deemed rejected and the developer or sub-divider shall not be required to so over-design and construct
as requested by the Development Review Board.
(4) Applicants shall comply with applicable provisions of the South Burlington Sanitary Sewerage and
Stormwater Ordinance with regard to public wastewater capacity, allocation and fees. In the event there
is insufficient capacity for new wastewater connections at the time of a PUD or subdivision application,
the Planning Commission may approve a Sewer Policy containing administrative guidelines for review of
any proposed subdivision that are awaiting certification of sufficient sewer capacity.
E. Utility Lines. New electric, telephone, outdoor lighting and cable TV distribution systems shall be
underground. The subdivider or developer shall coordinate subdivision design with the utility companies to
insure adequate and suitable areas for underground installation, both for the proposed subdivision, and area
adjacent to the subdivision.
F. Stormwater Management. Any new subdivision or PUD shall meet the City’s standards pursuant to
Article 12 of these regulations.
15.14 Required Public Facilities and Improvements
A. General Standards. All required improvements shall be designed and installed in accordance with the
design standards, development requirements, specifications and procedures set forth in these regulations and
other applicable City regulations and standards. Typical plans and sections are attached to these regulations.
Said installation and design standards apply to both public and privately owned required improvements.
Proposed privately owned streets and other improvements shall be marked as such on the final plat.
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B. Reference Monuments. Permanent reference monuments shall be set in concrete for all corners and
angle points of the boundaries of the subdivision and as required by the City Engineer for new roads. Lot
corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located in the ground
to finish grade.
C. Modification of Design or Improvements. If at any time after approval before or during the
construction of the required improvements, the subdivider demonstrates that unforeseen conditions make it
necessary or preferable to modify the location or design of structures, utility cabinets, curb cuts, roads,
parking lots, lighting, or landscaping, such minor alterations may be authorized by the Administrative Officer
pursuant to the standards in Section 14.05(I) for as-built plans and field changes, upon the advice of the City
Engineer. Such authorization may be provided if the proposed changes are within the spirit and intent of the
Development Review Board's approval and that they do not waive or substantially alter the function of any
improvements previously required by the Development Review Board. The modification of minor engineering
or construction details or improvements may be authorized by the City Engineer without further approval,
provided such changes do not alter the approved function, location or design of structures, curb cuts, roads,
or parking lots.
D. Inspection of Improvements.
(1) At least seven (7) days prior to commencing construction of any required improvements(s), the
subdivider shall advise the City Engineer, in writing, when the construction of required improvements(s)
shall begin and thereafter shall conform to any inspection schedule as may be set forth by the City
Engineer. Inspections shall be carried out so as to assure satisfactory completion of improvements or
stipulations required by the Development Review Board. A written record of inspections shall be
maintained.
(2) The City Engineer may, at his discretion, designate a qualified inspector other than himself to
perform inspections as needed during the installation of required improvements and attest to the
satisfactory completion of such work.
E. Proper Installation of Public Facilities and Improvements
(1) Prior to construction of required public facilities and improvements, the subdivider or developer
shall submit contract documents and working drawings, certified by a licensed engineer, for the required
improvements to the City Engineer or his designee for approval. The City Engineer or his designee shall
give his approval or denial within a period of two weeks. If requested by the subdivider or developer, the
City shall make reasonable periodic inspections and, as soon as possible, in writing, notify the subdivider
or developer of any deficiencies found.
(2) Within fourteen (14) days of completion of the public facilities and improvements, the subdivider
or developer shall submit to the City Engineer as-built construction drawings, certified by a licensed
engineer. The City Engineer shall then inspect the required public facilities and improvements within forty-
five (45) days after said submission and determine if all the required improvements have been constructed
in accordance with the submitted drawings and the final plat approval. He/she shall report findings within
thirty (30) days, in writing, to the Administrative Officer with a copy to the subdivider or developer. In the
event deficiencies are found and are not remedied by the subdivider or developer, within two (2) weeks
of receipt of notice, or within an alternative period of time mutually agreed upon by the Administrative
Officer and the subdivider or developer after receipt of notice, the Administrative Officer shall notify the
holder of the surety and take all necessary steps to preserve the City's rights under any performance bond,
escrow account, or letter of credit. If all required public facilities and improvements are found to be
properly completed, the Administrative Officer shall recommend that the City Treasurer release or close
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the performance bond, escrow account, or letter of credit in accordance with Section 15.15 of these
Regulations.
15.15 Performance Bonds, Escrow Accounts and Letters of Credit.
A. Public Facilities and Improvements.
(1) As used in Sections 15.14, 15.15 and 15.16, public facilities and improvements@ shall include,
without limitation, streets, sidewalks, recreation paths, curbing, water and sewer mains and pipes,
stormwater infrastructure, pipes and catch basins, fire hydrants, parks, recreational facilities and other
improvements which are public or are intended to become public.
(2) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City
with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover the
full costs of all proposed public facilities and improvements and ancillary site improvements and their
maintenance for two years after completion.
(3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has
deemed the work to be complete in accordance with City approvals and regulations and for two years
thereafter, but in no case for a longer term than three years. However, with the consent of the applicant,
subdivider or developer, the term of that bond, escrow account or letter of credit may be extended for an
additional period not to exceed three years. If any public facilities and improvements have not been
installed or maintained as provided within the term of the bond, escrow account or letter of credit then
the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City.
(4) Partial release of bond, escrow accounts or letters of credit for public facilities and
improvements. Upon a determination by the City Engineer that a phase of the construction of public
facilities and improvements is complete as provided in Article 15.14(E)(2), the Administrative Officer may
recommend that the City Treasurer approve a partial release of the amount of the bond, escrow account
or letter of credit equivalent to the phase or portion of the completed construction, up to a maximum of
90% of the original amount. Any amounts that the City Treasurer releases shall not exceed the proportion
of the total project that has been built, up to a maximum of 90% of the original amount. The remaining
10% of the original amount of the bond, escrow account or letter of credit only shall be released upon the
determination of the City Engineer that the public facilities and improvements have been maintained for
two years after the City Engineer determined the public facilities and improvements to be complete. Upon
a determination by the City Engineer that the public facilities and improvements have been maintained
as provided within the term of the bond, escrow account or letter of credit, the Administrative Officer
may recommend that the City Treasurer approve the release of the remaining 10% of the original amount.
B. All other bonds, escrow accounts, or letters of credit required by these Regulations, including but
not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition
and removal of buildings.
(1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City
with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee
all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations as
required under Article 3 or Article 13, for a period as described in this section.
(a) For development with a total landscaping budget requirement of $2,000 or less, no
performance bond, escrow account, or letter of credit shall be required.
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(b) For development with a total landscaping budget requirement of over $10,000, the required
amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty percent
(50%) of the landscaping budget amount over $10,000. Example: a development with a total required
landscaping budget of $20,000 shall have a performance bond, escrow account, or letter of credit of
not less than $15,000.
(2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings
required by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal of a
principal building upon the construction and occupancy of a new principal building, as required by Article
3.09 of these Regulations, shall run for a period of two (2) years. The Administrative Officer may
recommend that the City Treasurer approve the release of the bond, escrow account or letter of credit
upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or developer does
not demonstrate compliance with Article 3.09(E)(3) as provided within the term of the bond, escrow
account or letter of credit, then the amount secured by the bond, escrow account or letter of credit shall
be forfeited to the City.
(3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required by Articles 3, 13 and 14.
All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years. However,
with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter
of credit may be extended for an additional period not to exceed three years. If any required work has
not been constructed, installed or maintained as provided within the term of the bond, escrow account
or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be
forfeited to the City.
C. Amount of Bonds. The amount of such bond, escrow account or letter of credit shall be established
by the Development Review Board and shall be equal to: 100% of the estimated project costs for public
facilities and improvements, plus a 15% contingency; or 100% of the estimated project costs for all other types
of bonds required by these Regulations. The applicant, subdivider or developer shall be responsible for
providing accurate cost estimates. Where amounts are not specified by these Regulations, the City Engineer
shall review all cost estimates and provide a recommendation to the Board. The Board may invoke technical
review to confirm the accuracy of estimates.
D. Form of Bonds, escrow accounts, and letters of credit. The form of any such bond, escrow account,
or letter of credit shall be approved by the City Attorney and City Council and shall include procedures for the
City to make use of such funds in accordance with 24 VSA § 4464.
E. "As-built" construction drawings and plans shall be submitted in paper and digital form to, and
approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation of
all required improvements.
15.16 Acceptance of Streets and Required Public Facilities and Improvements
The approval by the Development Review Board of a PUD or subdivision plat or a site plan shall not be deemed
to constitute or be evidence of any acceptance by the City of any streets, easements, water and sewer
facilities, or open space, or other public facilities and improvements shown on the subdivision plat or site plan.
Final acceptance of all proposed streets and required public facilities and improvements shall be in
conformance with steps and procedures established by the City Council and/or appropriate City Commissions
and/or Boards. Final acceptance shall not take place until after the City Engineer has determined that required
public facilities and improvements have been satisfactorily completed and after all bonds, escrow accounts or
letters of credit, other than an amount that may be required to cover maintenance and guarantee work for a
two-year period, have been released or closed.
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15.17 Certificate of Title
The final plat application for a minor or major subdivision or PUD shall be accompanied by a Certificate of Title
showing the ownership of all property and easements to be dedicated or acquired by the City, and said
Certificate of Title shall be approved by the City Attorney. All proposed legal documents purporting to convey
property or easements to the City shall also accompany the final plat application for a minor subdivision or
major subdivision, and be approved by the City Attorney.
15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions, and Master Plans
A. General Standards. In all zoning districts of the City, the DRB shall make findings of fact on a PUD,
subdivision Transect Zone subdivision, and/or Master Plan in keeping with the standards for approval of
subdivisions in Article 15 and/or site plans and conditional uses in Article 14 For PUD, subdivision and/or
Master Plan applications within the SEQ, IO and R1-Lakeshore districts, the DRB shall also make positive
findings with respect to the project’s compliance with the specific criteria in this section.
The general standards applicable to all PUDs, subdivisions, Transect Zone subdivisions, and Master Plans are,
except as noted below:
(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project in conformance with applicable State and City requirements, as evidenced by a City water
allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the
Department of Environmental Conservation.
(2) Sufficient grading and erosion controls will be utilized during construction and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject
property and adjacent properties. In making this finding, the DRB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont Department of
Environmental Conservation.(3) The project incorporates access, circulation and traffic management
strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB
may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical
review by City staff or consultants.
(4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making
this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee with respect to the
project’s impact on natural resources.
(5) The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located.
For Transect Zone subdivisions, this standard shall apply only to the location of lot lines, streets and street
types, and natural resources identified in Article XII of these Regulations.
(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas. For Transect Zone
subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of
these Regulations and proposed open spaces to be dedicated to the City of South Burlington.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure
that adequate fire protection can be provided, with the standards for approval including, but not be
limited to, minimum distance between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All
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aspects of fire protection systems shall be designed and installed in accordance with applicable codes in
all areas served by municipal water. This standard shall not apply to Transect Zone subdivisions.
(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting
have been designed in a manner that is compatible with the extension of such services and infrastructure
to adjacent properties. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific agreement
with the applicant related to maintenance that has been approved by the City Council. For Transect Zone
subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and
sidewalks.
(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
(11) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from
developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to
where it hits the ground. For Transect Zone subdivisions, this standard shall apply only to the location of
natural resources identified in Article XII of these Regulations.
B. Industrial-Open Space District. A Master Plan and/or PUD in the Industrial-Open Space District shall
comply with the following standards:
(1) Open space and development areas shall be located so as to maximize the aesthetic values of the
property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character,
natural areas, and scenic views of the Quadrant, while allowing carefully planned development.
(2) Open space and any buffering shall be located in a manner that minimizes impacts on adjacent
residential uses, if any.
C. R1-Lakeshore District. A Master Plan shall be required for development of more than ten (10)
residential units in a five (5) year period in the R1-Lakeshore District. Development pursuant to a Master Plan
shall be subject to the following supplemental standards:
(1) Gross residential density shall be allowed to be increased to seven (7) dwelling units per acre
(2) Dwelling units shall not exceed two and one-half (2 ½) stories in height.
(3) The layout of the PUD conforms to the City’s Official Map with respect to the layout of roads and
open spaces.
(4) The proposed PUD maximizes the lakeshore recreation and access opportunities and the
conservation of historic resources.
(5) The proposed PUD protects the visual integrity of the lakeshore.
15.19 Minor Lot Line Adjustments
A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by a Vermont
licensed land surveyor and indicating all lots that are proposed to be modified as a result of the proposed lot
line adjustment. The survey shall be sufficient to clearly indicate the area, metes, bounds, and ties of each of
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the affected lots. The survey shall include all structures and site improvements and delineate all
building/structure setbacks, lot coverage, parking spaces and any other details as may be specified by the
Administrative Officer.
B. The Administrative Officer shall approve an application for a minor lot line adjustment, provided that
the following criteria are met:
(1) No new lots are created through the adjustment;
(2) The sale or exchange of parcels of land is between adjacent property owners;
(3) The relocation of the lot-line does not result in the creation of a non-conforming lot, structure or
use; and,
(4) The proposed change does not violate any conditions imposed from prior municipal approvals.
C. Where, there is uncertainty as to whether an application comprises a minor lot line adjustment, the
Administrative Officer may refer the application to the Development Review Board for review as a subdivision
of land.
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ARTICLE 16 CONSTRUCTION and EROSION CONTROL STANDARDS
South Burlington Land Development Regulations
16 CONSTRUCTION and EROSION CONTROL STANDARDS
16.01 Purpose
16.02 Applicability
16.03 Standards for Erosion Control during Construction
16.04 Excavation and Grading
16.01 Purpose
It is the purpose of this Article to provide standards for proper erosion control and landscaping during and
after land development activity in the City in order to prevent the adverse effects of erosion and runoff on
the City’s residents, surface waters, and air quality.
16.02 Applicability
Nothing in this Article shall be interpreted to supersede applicable permit conditions in an applicable permit
issued by a superseding authority, including but not limited to those issued by the Vermont Department of
Environmental Conservation or a permit issued by the Vermont Environmental Board pursuant to 24 VSA
Chapter 151 (Act 250).
16.03 Standards for Erosion Control during Construction
A. Natural Cover. Land shall be subdivided and improved in reasonable conformity to existing
topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours,
and to limit storm water runoff, and to conserve the natural cover and soil. After application for approval has
been submitted to the Development Review Board, no topsoil, sand or gravel shall be removed from the
subdivision for any other purpose than to meet construction needs of that particular subdivision or to meet
any requirements of these regulations.
B. Erosion and Sediment Control.
(1) The smallest practical area of land should be exposed at any one time during development. When
land is exposed during development, the exposure should be kept to the shortest practical period of time.
Areas of disturbance must have temporary or permanent stabilization within 21 days of initial disturbance.
(2) Land shall not be left exposed between October 15 and April 15.
(3) Where necessary, temporary vegetation and/or mulching and structural measures shall be
required by the Development Review Board to protect areas exposed during the development.
(4) Sediment basins (debris basins, desalting basins, or silt traps) shall be installed and maintained
during development to remove sediment from run off water and from land undergoing development.
(5) The permanent final vegetation and structures shall be installed as soon as practical in the
subdivision. Exposed soil must be seeded and mulched or covered with erosion control matting within 48
hours of final grading.
(6) Adequate and permanent measures shall be taken at culvert outfalls to minimize or prevent
erosion and disruption of drainageway areas.
C. Site Restoration. After completion of construction, suitable grading or seeding shall be done to
restore the condition of any disrupted portion of a site.
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16.04 Excavation and Grading
A. General. All excavating and filling required for construction of improvements shall be as specified
within this Section. The entire area of work shall be brought to the required lines and grades by excavation or
filling. Excavation material, if suitable, may be used in making embankments and in filling low areas. A
minimum of four (4) inches of top soil shall be provided to cover overall finished slopes. This material shall be
spread uniformly over all finished slopes. All streets shall be graded from property lines to property line to
approved grade and cross section.
B. Fill. No stumps, wood, roots, sod, other fibrous materials or refuse shall be used as fill.
C. Embankments. Embankments shall be formed of suitable and acceptable excavated materials and
brought to the required lines and grades. The materials for embankment shall be placed in successive
horizontal layers not exceeding six (6) inches in depth extending across the entire fill area. They shall be spread
by a bulldozer or other acceptable method, and shall be thoroughly compacted. Where embankments are
made of rock, the rock shall be so deposited that all voids are filled with earth and in such a way that the
compaction specified above may be secured.
D. Subgrade. Upon completion of filling and excavating, the subgrade shall be formed to the required
grade and contour, and the entire surface again rolled as specified above. High spots shall be removed and
low spots filled with the acceptable material and the process of leveling and rolling continued until no further
depression results.
E. Side Slopes. Side slopes in embankments and on roadside drainage ditches shall descend one (1) foot
vertically for at least each two (2) feet horizontally (2 on 1). Surplus material resulting from excavation of the
road prism shall be used to flatten slopes of embankment so that they ascend one (1) foot vertically for at
least (2) feet horizontally (2 on 1). Side slopes in excavation rock shall ascend six (6) feet vertically for at least
each one (1) foot horizontally (1 on 6). Where rock cuts have a face higher than ten (10) feet vertically, a three
(3) foot berm shall be provided at each ten (10) foot level above the grade at the edge of the pavement. Side
slopes shall not be graded so as to extend beyond the limits of the street right-of-way onto land not part of
the subdivision unless a suitable slope easement has been properly established and granted by the affected
property owner.
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ARTICLE 17 ADMINISTRATION and ENFORCEMENT
South Burlington Land Development Regulations
17 ADMINISTRATION and ENFORCEMENT
17.01 General Provisions
17.02 Zoning Permits
17.03 Certificates of Occupancy
17.04 Expiration of Permits and Approvals
17.05 Revocation of Permits and Approvals
17.06 Fees, notifications, and digital submissions
17.07 Planning Commission
17.08 Development Review Board
17.09 Administrative Officer
17.10 Amendments to Regulations and Maps [reserved]
17.11 Violations [reserved]
17.12 Penalties [reserved]
17.13 Appeals
17.01 General Provisions
A. Applicability of Vermont Planning and Development Act.
Administration and enforcement of these regulations, the effect of the adoption of these regulations, the
appointment and powers of the Administrative Officer, the appointment and powers of the Development
Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties and
remedies, administration and finance, public notice, appeals and granting of variances and other related
provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont Planning and
development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter
be amended. [reserved]
17.02 Zoning Permits
A. Zoning Permit Required. No land development may be commenced within the area affected by these
regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by
the Administrative Officer except in conformance with these regulations and the provisions of the Vermont
Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with
any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning
regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been
adjudicated, in accordance with the Vermont Planning and development Act.
17.03 Certificates of Occupancy
A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy
of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or
enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative
Officer.
B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single-
family or two-family dwellings, except as specifically listed below:
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ARTICLE 17 ADMINISTRATION and ENFORCEMENT
South Burlington Land Development Regulations
(1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain
Overlay (Zones A, AE, and A1-30) Subdistrict.
(2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the
City Center FBC District.
(3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section
18.03(C)(1) of these Regulations.
(4) Certificates of Occupancy are required for replacement dwelling units built in accordance with
Section 18.03 of these Regulations.
C. Final Inspection and Certificate Issuance. Within thirty (30) days after notification in the form of
a complete application made to the Administrative Officer that a building or structure or premises or part
thereof is ready for occupancy or use, it shall be the duty of the Administrative Officer to have made a final
inspection thereof and issue a certificate of occupancy if the project is found to conform with the provisions
of this ordinance.
D. Temporary Certificate of Occupancy. Upon written request of the owner or his authorized
representative, the Administrative Officer may issue a temporary certificate of occupancy for the purposes
described above provided the owner or his authorized representative can demonstrate that any and all City
approvals or permits have been obtained and complied with to the fullest extent possible, barring
uncontrollable factors such as inclement weather that may have prevented final paving or installation of
required landscaping. The temporary certificate of occupancy shall remain in effect for a period not to exceed
six (6) months at which time the owner or his representative must obtain a certificate of occupancy as
provided in Sections 17.03(A) and (C) above. No more than one (1) temporary certificate of occupancy may
be issued per approval.
17.04 Expiration of Permits and Approvals
A. Zoning Permits. A zoning permit shall expire one (1) year from its date of issue unless viewed as a
whole, the work, time, and expenditures invested in the project demonstrate a continued good faith intent to
presently commence upon the permitted project.
B. Expiration of Approvals. All site plan, conditional use, variances, design review, and miscellaneous
application approvals shall expire six (6) months from the date of their approval by the Development Review
Board or Administrative Officer, unless:
(a) A zoning permit is issued for the project;
(b) The Development Review Board or Administrative Officer has granted a longer period for a multi-
phase development or for other projects that may reasonably require a longer period before
commencement of the permitted project; or,
(c) The Development Review Board or Administrative Officer has approved a request for extension
of the approval. The Board or Administrative Officer may approve one (1) extension to an applicant of an
approval if reapplication takes place before the approval has expired and if the Board determines that
conditions are essentially unchanged from the time of the original approval. In granting such an extension,
the Board or Administrative Officer may specify a period of time of up to one (1) year for the extension.
C. Subdivision Approvals. [reserved]
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17.05 Revocation of Permits and Approvals
[reserved]
17.06 Fees, notifications, and digital submissions
A. Fees and digital submissions. The City Council shall prescribe and may revise by resolution reasonable
fees to be charged with respect to the administration of these regulations. Such fees shall incorporate the
cost of public warning of applications. All applications subject to site plan review, and all applications before
the Development Review Board, shall include a digital copy of all materials submitted.
B. Notifications. Pursuant to 24 VSA 4464(a)(3), the applicant shall be required to bear the cost and
responsibility of notification of adjoining landowners. The applicant shall be required to demonstrate proof of
delivery in the form of a listing of all recipients and their addresses, supported by a sworn certificate of service.
17.07 Planning Commission
A. Authorization. The Planning Commission is established via the City Charter, 24 V.S.A. App §13-701.
B. Members and Terms of Office. Membership and Terms of Office for the Planning Commission are set
forth in the City Charter, 24 V.S.A. App §13-701. All members shall be appointed by the City Council. All
members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable
expenses. All members of the Planning Commission shall be residents of the City of South Burlington.
D. Powers, Duties, and Procedural Rules. The Planning Commission shall elect its chair, vice-chair and a
clerk and shall exercise all powers and duties as provided for in the City Charter, 24 V.S.A. App. § 13-702.
17.08 Development Review Board
A. Authorization. The South Burlington Development Review Board is established by the City Council via
resolution in accordance with 24 V.S.A. §4460.
B. Members. Board membership is set forth in 24 V.S.A. §4460 and as adopted by City Council resolution.
All members may be compensated and reimbursed by the City of South Burlington for necessary and
reasonable expenses.
C. Term of Office. Four Board members shall have terms of four years and three board members shall
have terms of three years.
D. Procedural Rules. The Development Review Board shall elect its own officers, adopt rules of
procedure, and operate pursuant to 24 V.S.A. §4461.
E. Powers and Duties. In connection with any proceeding:
(1) The officers of the development review board may administer oaths and compel the attendance
of witnesses and the production of material germane to any issue under appeal.
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(2) The board may set such reasonable fees for filing notices of appeal and other acts as it deems
proper; the payment of which shall be a condition to the validity of such filing or act under Title 24, Chapter
117.
(3) The board may examine or cause to be examined any property, maps, books, or records bearing
upon the matters concerned in such proceeding,
(4) The board may require the attendance of any person having knowledge in the premises.
(5) The board may take testimony and require proof material for its information.
(6) The board may administer oaths or take acknowledgment in respect of such matters.
(7) The Development Review Board may require an applicant to pay for reasonable costs of an
independent technical review of the application. The Development Review Board may table review of the
application pending receipt of an independent technical review.
17.09 Administrative Officer
A. Authorization. The City of South Burlington may appoint an Administrative Officer and Assistant
Administrative Officers pursuant to the City Charter.
B. Powers & Duties.
(1) The Administrative Officer and Assistant Administrative Officers shall have all authorities granted
by the City Charter, State Statutes, and these Regulations.
(2) The Administrative Officer and Assistant Administrative Officers may require an applicant to pay
for reasonable costs of an independent technical review of the application.
17.10 Advisory Committees
A. Authorization. South Burlington City Council may appoint one or more advisory committees in
accordance with 24 V.S.A. §4433.
B. Membership and terms of office. Advisory committee membership and terms of office are set forth
in 24 V.S.A. §4433 and as adopted by City Council resolution.
D. Powers, Duties, and Procedural Rules. Advisory committees shall elect its own officers, adopt rules
of procedure, and operate pursuant to 24 V.S.A. §4433, §4461 and §4464(d).
17.11 Amendments to Regulations and Maps
[reserved]
17.12 Violations [reserved]
17.13 Penalties [reserved]
17.14 Appeals
An interested party may appeal any decision or act of the Administrative Officer to the Development Review
Board within fifteen (15) days of the date of the decision or act in accordance with 24 V.S.A. §4465.
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18. AFFORDABLE HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 Affordable Housing Density Bonus
18.03 Housing Preservation
18.01 Inclusionary Zoning
A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the City Center
Form Based Codes District of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for
the following purposes:
(1) To implement policies that support achievement of housing goals, objectives, and targets included
in the South Burlington Comprehensive Plan as most recently amended;
(2) To affirmatively address the current and anticipated need for affordable housing units among low-
and moderate-income South Burlington households that pay more than 30% of their income on housing,
as described in state law (24 VSA § 4303(1));
(3) To mitigate the impacts of market-rate housing development that is unaffordable to low- and
moderate-income households on the cost and supply of land and infrastructure available for affordable
housing development in the City Center Form Based Codes District;
(4) To promote the integrated development of mixed-income housing in the City Center Form Based
Codes District, including a range of housing options needed to strengthen, diversify, and contribute to the
vitality of City Center and the South Burlington community;
(5) To ensure that affordable housing opportunities are available in the City Center Form Based Codes
District, which is or will be accessible to goods and services and served by existing or planned public transit
services;
(6) To ensure that affordable housing units developed under inclusionary zoning remain affordable.
(7) To provide integrated development incentives that contribute to the economic feasibility of
providing affordable housing units, including eliminating maximum residential densities, minimum lot
sizes, and minimum parking requirements for residential units within the City Center Form Based Codes
District.
B. Applicability
(1) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section
shall apply within the City Center Form Based Codes District to any development, notwithstanding any
phasing of the development, that will result in the creation of twelve (12) or more total dwelling units
through subdivision, new construction, or the conversion of an existing structure or structures from non-
residential to residential use. For purposes of this requirement, two or more developments shall be
aggregated and considered as one development subject to this section if:
(a) The developments are located on abutting properties; and
(b) The developments are owned or controlled by the same person; and
(c) Either:
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(i) The developments will undergo subdivision, construction, or conversion of an existing
structure or structures from non-residential to residential use within the same five-year period,
which period shall be measured from the date a proper and complete application is first
submitted, or
(ii) A master plan exists, as approved by the City, which includes two or more of the
developments.
(2) Exemptions. The following developments are exempt from these requirements:
(a) Projects that are developed by an educational institution for the exclusive residential use and
occupancy of its students.
(b) Institutional, group homes or group quarters housing, including long-term care facilities.
(c) The redevelopment of existing dwelling units in a project that produces no additional units.
C. Inclusionary Units
(1) For covered development, at least five percent (5%) of the total dwelling units offered for rent or
sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall
be affordable to households having incomes no greater than 80% of the area median income (AMI)
adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable
to households having incomes no greater than 100% of the AMI adjusted for household size. An additional
five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater
than 120% of the AMI adjusted for household size.
(a) Where the application of this formula results in a fractional dwelling unit, that fractional
dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but
less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00
are rounded up).
(b) When the developer proposes to build at least 12 but fewer than 17 housing units, the
requirement will be to include two (2) affordable dwelling units one of which shall be affordable to
households whose incomes are no greater than 80% of AMI adjusted for household size and the other
shall be affordable to households whose income is no greater than 100% of AMI adjusted for
household size.
(c) When the developer is required to build a number of affordable dwelling units where the
number of affordable dwelling units calculated by multiplying the total number of units by 15% is not
evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level
adjusted for household size and, where applicable, the second “remaining” dwelling unit must be
affordable at 100% AMI level adjusted for household size.
Example: The developer is required to build 13 affordable dwelling units. Four dwelling units
must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be
affordable at the 100% of AMI adjusted for household size; four dwelling units must be
affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit
must be affordable at the 80% AMI adjusted for household size.
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(2) Inclusionary units required under this section shall be:
(a) Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off-
Site Construction) of this Article, and integrated among market rate units in the development.
(b) Similar in architectural style and outward appearance to market rate units in the proposed
development.
(i) Inclusionary units shall be constructed with the same exterior materials and architectural
design details used in market rate construction. Similar exterior amenities and landscaping shall
also be provided. However, the exterior dimensions of the inclusionary units may differ from those
of the market rate units.
(ii) Inclusionary units shall be no less energy efficient than market rate units; inclusionary
units may differ from market rate units with regard both to interior amenities and to gross floor
area. The average (mean) gross floor area of all inclusionary units, however, shall not be less than
70% of the average (mean) gross floor area of market rate units.
(iv) Inclusionary units developed as part of a single-family housing development may be
accommodated in duplexes or multi-family dwellings that resemble market rate single-family
dwellings, as allowed within the City Center Form Based Codes District.
(c) Constructed and made available for occupancy concurrently with market rate units. Buildings
containing the last 10% of market rate units shall not receive certificates of occupancy until certificates
of occupancy are issued for all buildings containing inclusionary units, including when the inclusionary
units are provided off-site as provided for in Subsection (E)(1)(b) (Off-Site Construction) of this Article.
D. Affordability Requirements
(1) Affordability Determinations. Inclusionary units required under this section shall be affordable
and marketed to income-eligible eligible households as follows:
(a) Housing costs for inclusionary units shall not exceed 30% of annual household income,
adjusted for household size. Housing costs used to calculate the affordability of inclusionary units shall
include:
(i) For rental units – rent (inclusive of any condominium or homeowners’ association fees)
and utilities (water, electricity and heating costs).
(ii) For sale units – mortgage principal and interest, annual property taxes, homeowner’s
insurance, and condominium or homeowners’ association fees.
(b) Income eligibility shall be determined based on income guidelines, as adjusted for household
size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the
Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income
eligibility requirements established by a partnering housing organization. The AMI shall be determined
using the most recent income guidelines available at the time a unit is available for occupancy.
(c) The maximum rent or sale price of an inclusionary unit shall be calculated based on unit size
(i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to
establish the “Household Size Equivalent”:
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Table 18-1 HUD Formula for Determining
Maximum Rents and Purchase Prices
Unit Size Household Size
Equivalent1
Efficiency/Studio 1
One-Bedroom Unit 1.5
Two-Bedroom Unit 3
Three-Bedroom Unit 4.5
Four-Bedroom Unit 6
(d) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an
available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending
institutions offering mortgages in South Burlington, or a lower Vermont Housing Finance Agency
(VHFA) rate if the developer can guarantee the availability of VHFA mortgages at this rate for all
required inclusionary units. The calculated price shall assume a down payment of no more than 5% of
the purchase price.
(2) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity
commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or
through purchase by or a contractual agreement with a local, state or federal housing authority or
nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to
recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument
or agreement ensuring the continued affordability of inclusionary units shall include:
(a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include
a formula for limiting equity appreciation to an amount not to exceed 25% of the increase in the unit’s
value, as determined by the difference between fair market appraisals of the unit at the time of
purchase and the time of resale, with adjustments for improvements made by the seller and the
necessary costs of sale, as may be approved by the City Manager;
(b) Rent Increases. Provisions to ensure the affordability of rental units shall limit annual rent
increases to the percentage increase in the median household income within the Burlington-South
Burlington MSA, except to the extent that further increases are made necessary by documented
1 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding
to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the housing unit. The
result is that the maximum rent or sales price for a particular affordable unit is the same for all eligible households
seeking to rent or purchase that affordable housing unit.
For example, the maximum rent or sales price for a one-bedroom unit is determined using the average of the applicable
AMI level for one- and two-person households. Note that the applicant household’s income is not used to determine
the maximum rent or sales price of a particular housing unit.
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hardship or other unusual conditions, and shall provide that no rent increase may take effect until it
has received the written approval of the City Manager;
(c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units
at rental rates that exceed affordability limits established pursuant to this section.
(3) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units
shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary
units and the household incomes of unit tenants, and certifies that unit affordability has been maintained
as required.
E. Developer Options
(1) Options (a) and (b) below are available to developers upon request, as necessary to address
documented financial hardships or physical site constraints that limit or preclude the incorporation of
inclusionary units within a covered development. Options (c) and (d) are available to the developer at his
or her discretion. A payment or contribution in lieu of constructing required inclusionary units shall be
prohibited.
(a) Dedication. The South Burlington City Council, in consultation with the entity designated by
the City Council (for example, a permanent South Burlington Housing Committee or South Burlington
Affordable Housing Board), may accept as an alternative to the development of inclusionary units, a
dedication by the developer of equal or greater value that furthers the purposes of this section. An
example might be the donation of developable land in the City Center Form Based Codes District that
provides accessibility to transit, employment opportunities, and services.
(b) Off-Site Construction. The developer of a covered development may comply with the
requirements of this section by constructing, within two years of receiving a permit for the covered
development, the required number of inclusionary units on another site within the City Center Form
Based Codes District, or contracting with another entity to construct the required number of units in
the City Center Form Based Codes District.
(c) A developer who constructs inclusionary units having three bedrooms shall receive credit for
three inclusionary units for every two three-bedroom inclusionary units constructed.
(d) A developer who constructs inclusionary units having four bedrooms shall receive credit for
four inclusionary units for every two four-bedroom inclusionary units constructed.
F. Administration and Compliance
(1) Application Requirements. In addition to other submission requirements applicable to proposed
projects specified within this bylaw, applications under this section shall include the following information:
(a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary
units in relation to market rate units;
(b) Documentation supporting the allocation of inclusionary and market rate units, including
inclusionary unit set aside calculations;
(c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs,
and other data necessary to determine unit affordability;
(d) A list of proposed options, if any, to be incorporated in the plan, as provided for under
Subsection (E) (Developer Options) of this Article;
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(e) Documentation regarding household income eligibility;
(f) Information regarding the long-term management of inclusionary units, including the
responsible party or parties, as required to ensure continued affordability;
(g) Draft legal documents required under this section to ensure continued affordability;
(h) Construction timeline for both inclusionary and market rate units; and
(i) Other information as requested by the Administrative Officer to determine project compliance
with inclusionary zoning requirements.
(2) Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in writing,
whether a development application is in compliance with the inclusionary zoning requirements specified
in Subsection (F)(1) (Application Requirements) of this Article. In cases in which the AO determines the
application is not in compliance, he or she shall specify the areas of non-compliance.
(3) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting
the purposes of this section and the City’s affordable housing goals and targets, the City Manager shall:
(a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and
other information necessary to meet the requirements of this section;
(b) Monitor and maintain records regarding the status of inclusionary units developed under this
Section 18.01; and
(c) Prepare an annual written report for distribution to the South Burlington City Council and
Planning Commission and posting on the City’s website, to be considered in a public meeting, that
summarizes the status of covered projects and inclusionary units approved to date, and sets forth
program findings, conclusions, and recommendations for any changes that will increase the
effectiveness of inclusionary zoning.
18.02 Affordable Housing Density Bonus
A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and
quality affordable housing to attract and retain a qualified work force. The following provisions are established
to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate
purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within
the City can be created in accordance with the Comprehensive Plan and these Regulations.
B. Applicability. This section shall apply in any Zoning District in which residential development is
permitted, with the exception of the City Center Form Based Codes District.
C. Density Increase. On a case by case basis and as part of the Planned Unit Development application,
the Development Review Board may grant an increase in residential density over the base zoning density, in
order to create below market rate housing. The density increases shall be approved on the following criteria
and standards:
(1) Affordable Housing Development. The Development Review Board may grant a density increase
of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing
Development. The total of below market rate units shall be at least half of the total proposed dwelling
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units. Where the total proposed dwelling units is an uneven number, the total of below market rate units
shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such
application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision
and Planned Unit Development Review.
(2) Mixed Rate Housing Development. The Development Review Board may grant a density increase
of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate
Housing Development. For each additional market-rate dwelling unit produced as a result of the density
increase, one (1) comparable below market rate unit must be provided. Such application shall be subject
to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit
Development Review.
Table 13-9 Example of Affordable Housing Bonus Calculation
Affordable Project: Mixed-Rate Project:
50% of Total Units Affordable 25% of Bonus Units Affordable
Acres 8.35 8.35
Base Density 12 12
Base Units 100.2* 100.2*
Bonus Units 50 25
Total Units 150 125
Net Density 17.98 14.99
Affordable Units 74 13
Market Rate Units 74 112
*Partial units always round DOWN to the lower whole number of units
D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and
Conditional Use Review, , and Article 15, Subdivision and Planned Unit Development Review, the following
standards shall guide the Development Review Board:
(1) The density upon which a bonus may be based shall be the total acreage of the property in
question multiplied by the maximum residential density per acre for the applicable zoning district or
districts.
(2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall
apply only to properties of five (5) acres or more, and the maximum allowable residential density with or
without such a density increase shall be four (4) dwelling units per acre.
(3) Development Standards.
(a) Distribution. The affordable housing units shall be physically integrated into the design of the
development in a manner satisfactory to the Development Review Board and shall be distributed
among the housing types in the proposed housing development in the same proportion as all other
units in the development, unless a different proportion is approved by the Development Review Board
as being better related to the housing needs, current or projected, of the City of South Burlington.
(b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less
than comparable market-rate units in the housing development.
(c) Plan for Continued Affordability. The standards for Section 18.01(D)(2) shall apply.
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(4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified
non-profit organization shall be responsible for the on-going administration of the affordable housing units
as well as for the promulgation of such rules and regulations as may be necessary to implement this
program. The Housing Authority or non-profit organization will determine and implement eligibility
priorities, continuing eligibility standards and enforcement, and rental and sales procedures.
E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied
types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom,
three-bedroom and four-bedroom apartment construction.
18.03 Housing Preservation
A. Purpose. The intent of this Section is to achieve one or more of these goals:
(1) To promote the health, safety and general welfare of the community by preserving existing housing
stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes
through the use of housing retention requirements as referenced in South Burlington’s 2016
Comprehensive Plan;
(2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of
residential structures, and to maintain housing that meets the needs of all economic groups within the
City particularly for those of low and moderate income;
(3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for
safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income
groups in each Vermont community;
(4) To support the retention of housing units in the City;
(5) To promote the health safety and welfare of the community by preserving the residential character
of neighborhoods; and,
(6) To offset the loss of housing by requiring replacement of housing units with new construction,
conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing
Trust Fund.
B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these
Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example
a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following:
(1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any
order, decision or other action of the City or State that is caused by unreasonable neglect or deferred
maintenance of an existing or prior owner(s);
(2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal
program, including any air traffic or airport noise mitigation and compatibility program; and/or,
(3) the loss, demolition or conversion to nonresidential use or non-use of any other form of
permanent housing, including but not limited to housing units contained within a housing facility that is
permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing
facilities as defined in these Regulations.
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C. Exemptions. This Section shall not be applicable to:
(1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not
limited to housing units contained within a housing facility that is permitted as a congregate care facility,
within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this
exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of
issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and
restoration of the residential use on the same parcel.
(2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused
by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the
owner’s control.
(3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial –
Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation,
Municipal, Commercial 1-AIR, Airport, and Airport-Industrial.
(4) The conversion of a duplex to a single-family home.
(5) As of the initial effective date of this Section, any dwelling units:
(a) For which the Burlington International Airport / City of Burlington has obtained Federal
Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the
acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This
includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether
or not these dwelling units have been purchased or removed as of January 1, 2018.
(b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use
Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April
23, 2009.
See Appendix H for a complete listing of properties by address.
(6) The removal of accessory dwelling units.
D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt
under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a
nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section.
In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a
zoning permit application under this Section:
(1) A statement certifying the number of dwelling units to be demolished or converted to
nonresidential use and the number of bedrooms existing within each of these units;
(2) A demonstration of compliance with tenant or occupant notice and relocation provisions of
applicable state and federal law; and
(3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section.
E. Housing replacement requirement. In addition to any other requirements for approval under these
Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of
each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a
replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a
replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways:
(1) Construction of a new dwelling unit in accordance with sub-section F of this Section;
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(2) The conversion of a non-residential building to residential use in accordance with sub-section F of
this Section; or,
(3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust
Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse
in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the
premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the
premises.
F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling
units built pursuant to this Section must meet the following requirements:
(1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling
unit being replaced;
(2) Each replacement dwelling unit must be located within the City of South Burlington;
(3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18)
months of the date on which the zoning permit referenced in Sub-section D above is approved;
(4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a
leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective
occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty
(20) years from the date of first occupancy.
(5) Each non-rental replacement dwelling unit(s) must be offered for sale either:
(a) At or below the fair market value of the dwelling unit that was removed, demolished, or
converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the
applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was
removed, demolished, or converted to nonresidential use or to nonuse; or
(b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to
prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such
unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period
to an owner/occupant who qualifies by income.
(6) Income eligibility for replacement units described in this subsection shall be determined based on
income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing
and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA),
or on program-based income eligibility requirements established by a partnering housing organization.
The income eligibility shall be determined using the most recent income guidelines available at the time a
unit is available for occupancy.
G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement
dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post
a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in
the amount equivalent to the amount the applicant would have been required to contribute to the City of
South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3),
above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount
due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit
satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit.
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H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-
profit organization approved by the City of South Burlington following demonstration of its qualifications shall
be responsible for the on-going administration of this section as well as for the promulgation of such rules and
regulations as may be necessary to implement this section. The Housing Authority or non-profit organization
will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental
and sales procedures.
I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article
17 shall commence and the requirements of this Section shall apply in addition to any other remedies available
to the City by law.
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South Burlington Land Development Regulations
A PERFORMANCE STANDARDS
A.1 Fire and Explosion Hazards
(a) All activities involving storage of flammable and explosive materials shall be provided with
adequate safety and fire-fighting devices in accordance with all applicable state and local laws and
regulations.
(b) Burning of waste materials in open fires is prohibited.
A.2 Vibration
(a) No vibration shall be produced which is transmitted through the ground and is discernible without
the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at
up to 60 cps frequency, measured at or beyond the lot lines using either seismic or electronic vibration
measuring equipment.
(b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce
accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval greater
than 5 minutes shall not induce accelerations exceeding .01g.
A.3 Noise
(a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be deemed
detrimental to the health and safety of the residents of the City of South Burlington:
(i) Defect in vehicle or operation of vehicle. The operation of any automobile or motorcycle in
such a manner as to create squealing, or squealing of tires, or loud and unnecessary grating, grinding,
exploding-type, rattling, or other noises.
(ii) Loud speakers, amplifiers for advertising. The using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound
amplifier, or other machine or device for the producing or reproducing of sound which is cast upon
the public streets for the purpose of commercial advertising or attracting the attention of the public.
(iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile,
motorcycle or other vehicle except as a danger warning; the creation, by means of any other signaling
device, of any unreasonable loud or harsh sound; and the sounding of any such device for unnecessary
and/or unreasonable periods of time.
(iv) Radios, phonographs, etc. The using, operating or permitting to be played, used or operated
of any radio or television receiving set, musical instrument, phonograph, or other machine or device
for producing or reproducing of sounds in such a manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or any time with louder volume than is necessary for convenient
hearing for the person or persons who are in the room, vehicle or chamber in which such a machine
or device is operated and who are voluntary listeners thereto.
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(v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal
combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(vi) Noise in general. Any noise which is deemed objectionable because of volume, frequency or
beat and is not muffled or otherwise controlled.
(b) Specific Standards
(i) The creation of, permitting or operation of any of the above sets, instruments, devices or
vehicles causing said noise in such a manner as to be plainly audible at a distance of fifty feet (50’)
from the building, structure or vehicle from which noise emanates shall be prima facie evidence of a
nuisance and a violation of these Regulations.
(ii) It shall be a violation of these Regulations for any property owner to create or allow the
creation of noise in excess of the following stated limits in the City during the hours of 12:00 AM and
8:00 AM:
a. 45 dBA based on a one-hour average measured at any point where the property on which
the noise emanates adjoins any property used for residential purposes.
b. 60 dBA based on a one-hour average measured at any point where the property on which
the noise emanates adjoins any property used for commercial purposes.
(iii) For purposes of this Appendix, the following terms shall be defined as stated below:
a. Decibel – a unit measure of sound level.
b. Sound level – in decibels measured by a sound meter, by using the “A” frequency
weighing, expressed in dBA.
c. Average sound level – a sound level during a given period of time (e.g. one hour) found
by the general rule of combination of sound levels. Also called “equivalent sound level.”
(c) Exemption
(i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for which
a proper permit has been issued are specifically exempt from the provisions of these Regulations.
(ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt from
the provisions of these Regulations.
(iii) Temporary actions benefiting the public, including but not limited to roadway construction,
sewer and water line construction, and special public events, are specifically exempt from the
provisions of these Regulations upon approval of such an exemption by the City Manager.
(d) Sound Measurement Standards. Sound shall be measured in accordance with the standards
specified by the American National Standards Institute.
A.4 Air Pollution
(a) Visible emissions. There shall not be discharged into the atmosphere from any source at any time
any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart, except under
specified conditions contained within air pollution standards). This shall include emissions of air pollutants
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APPENDIX A PERFORMANCE STANDARDS
South Burlington Land Development Regulations
of such capacity as to obscure an observer’s view to a degree equal to or greater than the above visible
emission standard. Visible emission of any kind at ground level past the lot line of the property on which
the source of the emissions is located are prohibited.
(b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air
shall be subject to the requirements of all applicable local, state, and federal regulations.
A.5 Odors
(a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to
be readily detected or as to interfere unreasonably with the comfort of the public.
(b) Any process which may involve the creation or emission of any odors shall be provided with a
secondary safeguard system so that control will be maintained if the primary safeguard system should
fail.
(c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by
the Manufacturing Chemists’ Association, Inc. or its equivalent shall serve as a guide to determining such
quantities of offensive odors.
A.6 Electromagnetic Radiation
(a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of
electromagnetic radiation except in compliance with the applicable regulations of the Federal
Communications Commission or the Inter-department Radio Advisory Committee regarding such sources
of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an abnormal
degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality
and design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content,
modulation or energy conducted by power or telephone lines.
(b) The determination of “abnormal degradation in performance” and “of quality and property
design” shall be made in accordance with good engineering practices as defined in the most current
principles and standards of the Institute of Electrical and Electronic Engineers.
A.7 Radioactive Radiation
(a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the
property line.
(b) The handling of radioactive materials, the discharge of such materials into air and water, and the
disposal of radioactive materials shall be in conformance with all applicable state and federal regulations.
A.8 Heat
(a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive,
conductive, or convective nature.
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(b) Heat emitted at any or all points shall not at any time cause a temperature increase on any
adjacent property, whether such change be in the air or the ground, in a natural stream or lake, or in any
structure on such adjacent property.
A.9 Direct Glare
(a) Direct glare is defined for the purposes of these Regulations as illumination within property lines
caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from such
high temperature processes as welding or petroleum or metallurgical refining.
(b) No such direct glare shall be permitted, except that parking areas and walkways may be
illuminated by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty
degrees (60o) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty
feet (30’) above ground level and the maximum illumination at ground level shall not be in excess of an
average of three (3) foot candles.
A.10 Indirect Glare
(a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property
lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
(b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles
maximum, and 0.1 foot candles average.
(c) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is
specifically prohibited.
A.11 Liquid and Solid Wastes
No discharge or emission of any potentially dangerous or offensive elements shall be permitted at any
point into any sewage disposal system, water supply system, watercourse, or lake, or into the ground or
air, except in accord with all applicable local, state and federal regulations.
A.12 Other Requirements
Where the requirements of these performance standards may be replaced by newer standards or may
conflict with other local, state or federal statutes or regulations, the stricter standards shall apply.
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APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations
B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
B.1 Calculating the Maximum Allowable Traffic Generation (Traffic Budget)
The maximum allowable traffic generation is a function of the specific Traffic Overlay District zone that
the parcel is located in, a function of the type of connection (if the parcel is located in Zone 2), and a
function of the size of the parcel. If, for instance, a parcel is located in Zone 2 along a high-volume roadway
section, and it is proposed to be connected via a private driveway (case 2A), and the parcel has a total
area of 60,000 square feet, the maximum allowable traffic generation is 60,000/40,000 X 20 equals 30
vehicle trips. If that same parcel would be connected to the high-volume roadway via a public road with
a signalized intersection or a roundabout (case 2C) the maximum allowable traffic generation would be
60,000/40,000 X 30 equals 45 vehicle trips. The maximum allowable traffic generation refers to the
number of vehicle trips generated during the afternoon (P.M.) peak hour of the adjacent street traffic, the
highest continuous hour between 4 pm and 6 pm. The actual traffic generation of the proposed use as
calculated per sections B2 and B3 below must not exceed the maximum allowable traffic generation – the
traffic budget.
B.2 Calculating the Traffic Generation of the Proposed Use
To calculate the traffic generation of the proposed use the applicant must use the latest version of the ITE
TRIP GENERATION manual (the 7th Edition of 2003 and subsequent editions). The ITE rates must be used
whenever possible. The following are specific guidelines that need to be followed:
Choice of Independent Variable: The independent variable is the characteristic of the proposed project
that is used to estimate the project’s traffic generation. For many uses the ITE manual gives a choice of
independent variables that can be used. For instance, for office buildings one can use the gross building
floor area or the number of employees as an independent variable. For the purposes of these land
development regulations it is recommended that a primary measurement be used as the independent
variable, not a derived measurement. For instance, for office buildings the floor area is a primary
measurement, whereas the number of employees is generally an estimate based on the floor area. The
independent variable should be easily verifiable and should be related to the land use type, not to the
characteristics of the tenant/operator. The independent variable that relates to the size of the use and
that is the best trip generation predictor for the PM Peak Hour of the Adjacent Street Traffic, One Hour
between 4 PM and 6 PM, has to be used. See the ITE Trip Generation Handbook, an ITE Recommended
Practice, March 2001, for more explanations and guidance.
Use of Regression Equations or Average Rates: The ITE TRIP GENERATION manual gives weighted average
trip generation rates for each use compiled in the manual. The use of average rates implies a linear
relationship between the size of the use and traffic generation, i.e. traffic generation changes in direct
proportion to its size. For some uses ITE also provides a regression equation that represents a non-linear
curve that best fits the data. The use of the regression equation takes into consideration the fact that
traffic generation is not always in direct proportion to the size of the use. The use of the regression
equation is recommended when: a) a regression equation is provided, b) the independent variable is
within the range of data given by ITE, and c) either, the data plot has at least 20 points (studies), or the
coefficient of determination (R²) is greater or equal to 0.75, and the standard deviation is greater than
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South Burlington Land Development Regulations
110% of the weighted average rate. The use of weighted average rates is recommended when: a) there
are at least 4 data points (studies), b) the independent variable is within the range of data given by ITE, c)
the standard deviation is less or equal to 110% of the weighted average rate, and d) R²<0.75 or no
equation is provided. If ITE provides fewer than 4 data points the Development Review Board may require
additional local traffic generation studies.
Convenience Markets and Gasoline Providers: The ITE TRIP GENERATION manual has trip generation
rates for several related uses: Land Use # 944 Gasoline/Service Stations; Land Use #945 Gasoline/Service
Station with Convenience Market; Land Use #946 Gasoline/Service Station with Convenience Market and
Car Wash; Land Use # 853 Convenience Market with Gasoline Pumps; and Land Uses # 851 and 852 for
Convenience Markets. The difference between use 945 and use 853 is the primary purpose of the use.
The primary business of Gasoline/Service Stations with Convenience Markets is the fueling of motor
vehicles, although they may also have facilities for servicing and repairing motor vehicles. Generally these
uses are operated by gasoline companies. For Convenience Markets with Gasoline Pumps the primary
business is the selling of convenience items. Generally they are operated by companies other than
gasoline companies. For Convenience Markets with Gasoline Pumps (Use # 853) ITE gives PM peak hour
generation rates for two independent variables: Vehicle Fueling Positions and 1000 SF Gross Floor Area.
Only average rates are given for these two variables. The Gross Floor Area has a slightly lower standard
deviation (58% of the average as compared to 65% for the Vehicle Fueling Positions), and is therefore the
recommended variable for this use. This is also logical because the sale of convenience items is the
primary business of this use. For Gasoline/Service Stations with Convenience Markets the opposite is true:
the Vehicle Fueling Positions is the recommended variable. In some cases the Development Review Board
may require the use of more than one independent variable. In such cases the applicant shall use the
worst-case calculation.
When Local Traffic Generation Studies are Required: The use of ITE Trip Generation rates as the baseline
for these regulations is mandatory because it is considered to be an appropriate measurement of the
traffic impacts of a particular use category. There are, however, situations when other traffic generation
sources may be required. Other sources may include professionally conducted traffic generation studies
not included in the ITE TRIP GENERATION manual or local trip generation studies conducted for the
particular use. Local trip generation studies are required when: a) the particular land use is not covered
by ITE; b) there are fewer than 4 data points (studies) in the ITE TRIP GENERATION manual; or c) the size
of the use falls outside the range of the TRIP GENERATION data points. Four data points are suggested as
a minimum for the purposes of this zoning code. If ITE provides only two data points, the Development
Review Board may require traffic generation studies at two additional sites.
Daily Traffic Variation: Typically traffic generation rates are for an average weekday, and are collected on
a Tuesday through Thursday. If a use has a regular peak on Fridays (such as shopping centers) the Friday
rate needs to be taken into consideration. The procedures given in the ITE manual and handbook should
be followed.
Traffic Generation of Multiple Uses on One Site:
Whenever more than one use or more than one commercial establishment is proposed on one site, there
is the potential for some vehicle trips to remain internal within the site. The total net traffic generation
for that site may therefore be less than the sum of the traffic generation volumes for each use or
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APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations
establishment. This is sometimes referred to as the shopping center effect: as shopping centers increase
in size the traffic generation rate per
1000 square feet of floor area decreases. To take this effect into consideration it is recommended that
the percentage of internal trips be estimated for each trip interchange between the different uses. Exhibit
B1 shows a calculation example for a site with townhouses, with a health club and with an office building.
The percentage of internal trips varies according to the market of that particular use. Some uses are more
oriented to local customers or users and may have a higher percentage of internal trips, whereas other
uses may draw from a larger distance and would therefore have a lower percentage of internal trips. For
example a health club tends to draw its customers from a smaller area than the employees in an office
building. Therefore the percentage of internal trips would be higher for the home-to-health club trips,
than for the home-to-office trips. Exhibit B1 shows the percentages of internal trips to range from 5% to
15% for the individual interchanges. This is a reasonable range for most situations, although there may be
cases with higher percentages. The Trip Generation Handbook, An ITE Recommended Practice, March
2001 may be consulted for further guidance.
The percentage of internal trips is applied to the lowest number of each trip interchange. For instance, for
the interchange of trips from the town houses to the health club (in Exhibit B1) 54 trips exit from the town
houses and 66 trips enter the health club. The 15% is applied to the lowest of the two numbers, 54 in this
case. The resulting trip ends (8.1 in this case) are deducted from both inbound and outbound trips. The
example in Exhibit B1 shows that the total gross traffic generation before credit for internal trips was 396
(164 plus 232) for the P.M. peak hour. This gross generation was then reduced by 58 vehicle trips (29 plus
29) to account for internal traffic, to yield a net generation of 338 trips (135 plus 203). This represents an
overall reduction for internal trips of 14.65%.
As the number of uses or establishments increases the overall percentage of internal trips will increase.
B. 3 Estimating the Effects of Various Mitigation Strategies
The Development Review Board may grant traffic generation credits for a particular application if the
applicant commits to or implements measures or changes to the site that reduce the traffic impacts. These
credits will either decrease the site’s estimated traffic generation or they will increase the traffic budget
allowed for the site. Reduction in the Number of Driveways/Access Points: For each existing driveway that
will be eliminated the Development Review Board may grant the applicant a traffic budget credit of 20
vehicle trips for that site. If the particular driveway to be eliminated carries more than 40 vehicles during
the P.M. peak hour at the time of the application, the allowable increase in traffic budget would be half
the number of trips on that driveway. If for instance
the specific driveway carries today 70 vehicles in the P.M. peak hour, the allowable increase in traffic
budget would be 35 vehicle trips. However, the applicant needs to verify that the remaining driveways
will be able to handle the projected traffic with reasonable delays and queues.
Connection to Adjacent Parcel: Connecting one parcel to an adjacent parcel is similar to the beneficial
effects gained from multiple uses on one site: A certain proportion of trips will remain internal to the two
parcels instead of being external trips over the City’s street network. The same calculation methodology
is recommended as for the estimation of internal traffic for a site with multiple uses. However, the
calculation must distinguish between the internal trips on the one parcel that is subject to the application
and the trips between the two parcels. The applicant gets full credit for the internal trips on the subject
parcel, but only credit for half the trips being made between the two parcels. In the case of multiple uses
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South Burlington Land Development Regulations
on one parcel all trip ends of the internal traffic are on the same parcel, whereas for trips between two
parcels half of the trip ends are on one parcel and the other half is on the other parcel.
Exhibit B2 shows an example where Parcel A, the subject of the application, has a mix of a health club and
an office, and is proposed to be connected to Parcel B which has 150 town houses. First Parcel A gets the
credit for the trips being made between the office and the health club – a total credit of 18 trips in this
case. Then Parcel A gets credit for half the trips being made between Parcel A and B – 19 trips in this case.
The total gross traffic generation of 271 vehicle trips (93 plus 178) has thus been reduced by 18 for internal
trips within parcel A plus 19 trips for the interconnection to Parcel B, a total reduction of 13.7%. The
minimum traffic credit for a connection to an adjacent parcel shall be 15 vehicle trips. The connection
must also include a pedestrian path between the buildings on both parcels. The pedestrian path can be a
separate path or a striped walkway along the traffic lanes. These connections must be practicable all year
long and cannot become storage areas for snow. If the connection consists of a pedestrian path only, the
Traffic Budget credit shall be 10 vehicle trips. For the above connections a reciprocal easement agreement
shall be established between the two property owners. The Traffic Budget credit that may be granted
under this provision is independent of whether the adjacent parcel is in a Traffic Overlay District zone.
If a connection consists of emergency access only, NO credits shall be allowed.
Connection to Other Roadway: Connecting to another road or to a roadway section that is not in a Traffic
Overlay District zone will in effect reduce the amount of traffic generated in the Traffic Overlay District.
The applicant is allowed to reduce the traffic generation for the purposes of this regulation by the amount
of traffic that would reasonably use the connection. The percentage of the traffic projected to use the
connection must be supported by a traffic distribution analysis. The connection under consideration must
be practicable all year long and must satisfy standard design requirements for a local driveway connection
(minimum 11’ lanes, reasonable grades, etc) and must be approved by the City’s Director of Public Works.
The connection may be secured through an official easement or a right-of-way acquisition.
Raised Medians/Right Turns In and Right Turns Out: Left turns in or out of a site are more detrimental in
terms of traffic safety and traffic flow than right turns. If an applicant eliminates left turns in and out of a
site through the construction of a new raised median, the Development Review Board may grant a credit
for the reduction or elimination of the left turns. This credit may be granted as an increase to the Traffic
Budget and may be as high as 50 % of the amount of left-turn movements eliminated by the new median
during the P.M. peak hour. Uses with access to an arterial with an existing raised median preventing left
turns in and out shall be granted an automatic credit of 50%, per Section 10.02(G), and shall not be eligible
for an additional credit for a raised median. The applicant needs to submit a traffic study determining the
amount of left-turn movements without the raised median and the traffic pattern with the raised median.
The distribution of traffic must be justified through a market analysis or a count of similar driveways
nearby. The impacts of the left-turn elimination on adjacent intersections need to be analyzed. The new
raised median also needs to be approved by the City’s Director of Public Works.
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APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations
Calculation Example of Mixed-Use Traffic Generation
Size
ITE
Category
1000 Sq.
Ft. or
Dwelling
Unit In Out In Out
231 150 0.47 0.36 Rate 71 54
71 54
493 25.0 2.62 1.68 Rate 66 42
710 75.0 0.37 1.81 Equation 28 136
93 178
Subtotal 164 232
Minus Internal Trips Internal %
Residential to Health Club 15%8.1 8.1
Residential to Office 5%1.4 1.4
Office to Health Club 10%6.6 6.6
Office to Residential 5%3.5 3.5
Health Club to Residential 15%6.3 6.3
Health Club to Office 10%2.8 2.8
Internal Trips 29 29
Net Subtotal 135 203
BFJ December 5, 2003
Note: The percentage of internal trips is applied to the lowest number of each trip
interchange. For instance, for the interchange of trips from residential to healthclub 54 trips
exit from the residential uses and 66 trips enter the healthclub use. The 15% is applied to the
lowest of the two numbers, 54 in this case. The resulting trip ends are deducted from both
inbound and outbound trips. The percentage of internal trips varies according to the types of
uses, and ranges in most cases between 5 and 15%.
PM Peak Hour
PM Peak Hour Trips
Low-Rise
Equation or
Average
Rate
ITE Rate
Residential
Non-Residential
Residential Total
Non-Residential Total
Health Club
General Office
Exhibit B1
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APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations
Calculating the Benefits of Connecting to an Adjacent Parcel
Size
ITE
Category
1000 Sq.
Ft. or
Dwelling
Unit In Out In Out
493 25.0 2.62 1.68 Rate 66 42
710 75.0 0.37 1.81 Equation 28 136
93 178
Minus Trips Internal to Parcel A Internal %
Office to Health Club 10%6.6 6.6
Health Club to Office 10%2.8 2.8
Parcel A Internal Trips 9 9
Parcel A Net Subtotal 84 168
231 150 0.47 0.36 Rate 71 54
71 54
Minus Trips between Parcel A and Parcel B % Between two Parcels
Residential to Health Club 15%8.1 8.1
Residential to Office 5%1.4 1.4
Office to Residential 5%3.5 3.5
Health Club to Residential 15%6.3 6.3
Total Trips between Parcel A and Parcel B 19 19
BFJ December 5, 2003
Parcel B Subtotal
Low-Rise Condo/Townhouse
Equation or
Average
Rate
ITE Rate
Parcel B
Parcel A Subject to
Parcel A Gross Subtotal:
Health Club
General Office
Exhibit B2
PM Peak Hour
PM Peak Hour Trips
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APPENDIX C USES and DIMENSIONAL STANDARDS
South Burlington Land Development Regulations
C USES and DIMENSIONAL STANDARDS
The tables on the following pages describe the allowable uses in each zoning district in the City, and the
specific dimensional standards applicable to each. The tables are C-1, Table of Uses and C-2, Table of
Dimensional Standards.
TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS
Use Specific Dimensional Standard
Accessory residential units Standards for the principal dwelling unit
Additional dwellings for farm
employees
Standards for single family dwelling in same zoning district
Bed and breakfast Standards for single family dwelling in same zoning district. Minimum
lot size 1 acre, except SEQ-VC zoning district where there is no
minimum lot size.
Non-Residential Child Care Facility Minimum lot size 12,000 SF or minimum for two-family dwelling in
same zoning district, whichever is greater.
Other dimensional standards for two-family dwelling in same zoning
district apply.
Horticulture and forestry with on-
premise retail sales
Minimum lot size three (3) acres. Retail uses must be set back a
minimum of twenty (20) feet from all property lines.
Horticulture and forestry without
on-premise retail sales
No minimum standards
Keeping of livestock Minimum lot size ten (10) acres
Single family dwelling related to
agriculture
Standards for single family dwelling in the same zoning district.
Page 325
APPENDIX C USES and DIMENSIONAL STANDARDS
South Burlington Land Development Regulations
TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS
Buildings
only
Buildings,
parking and all
other
impervious
surfaces
Front(s)Side yard(s)Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
IA-N ALL 10 acres 20%40%75 50 50 15 35 40
IA-S ALL 10 acres 10%20%75 50 50 15 35 40
PR ALL none 15%25%40 15 30 15 35 40
MU ALL none 30%70%40 15 30 15 35 40
Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4
Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 25 28 2 3 1 4
Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4
Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 35 40 3 3 1 4
Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4
Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 30 35 3 3 1 4
Single-family 7,500 SF (4)20%40%10 5 10 15 25 25 2 3 1 4
Two-family 12,000 SF (4)20%40%10 5 10 15 25 25 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%10 5 10 15 25 25 2 3 1 4
Non-residential uses 12,000 SF 20%40%10 10 10 15 25 25 2 3 1 4
Single-family 12,000 SF (4)20%40%20 10 30 15 25 25 2 3 1 4
Two-family 12,000 SF/unit (4)20%40%20 10 30 15 25 25 2 3 1 4
R1-Lakeview All 14,000 SF (3)20%40%20 10 30 15 25 25 2 3 1 4
R1 All 40,000 SF (1)15%25%50 25 30 15 25 28 2 3 1 4
Single-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4
Two-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4
Multi-family 11,000 SF/unit (2)20%40%30 10 30 15 25 28 2 3 1 4
SEQ-NRP,
NRT, NRN*
and NR
QCP
R2
Maximum site
coverage:
Maximum Building HeightStandard setbacks (feet):District Land Use
SEQ-VR
LN
SEQ-VC
Minimum lot size (max.
residential density in dwelling
units per acre)
Page 326
APPENDIX C USES and DIMENSIONAL STANDARDS
South Burlington Land Development Regulations
Buildings
only
Buildings,
parking and all
other
impervious
surfaces
Front(s)Side yard(s)Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
Maximum site
coverage:
Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)
R4 Single-family 9,500 SF (4)20%40%30 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (4)20%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%30 10 30 15 25 28 2 3 1 4
Non-residential uses 40,000 SF 30%60%30 10 30 15 25 28 2 3 1 4
R7 Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)30%40%30 10 30 15 25 28 2 3 1 4
Non-residential uses 40,000 SF 40%60%30 10 30 15 25 28 2 3 1 4
R12 Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%60%30 10 30 15 35 40
Non-residential uses 40,000 SF 40%60%30 10 30 15 35 40
R7-NC All residential
uses
All non-
residential uses
12,000 SF 40%70%30 10 30 15 35 40
Multi-family 3,500 SF/unit (12 or 15)40%70%30 10 30 15 5
All other uses 40,000 SF 40%70%30 10 30 15 5
C1-Auto Multi-family 3,500 SF/unit (15)40%70%30 15 30 15 5
All other uses 40,000 SF 40%70%30 15 30 15 5
C1-AIR All 40,000 SF 40%70%30 15 30 15 35 40
Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40
Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40
Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
AR
C1
Same as R7 standards
C1-LR
Page 327
APPENDIX C USES and DIMENSIONAL STANDARDS
South Burlington Land Development Regulations
Buildings
only
Buildings,
parking and all
other
impervious
surfaces
Front(s)Side yard(s)Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
Maximum site
coverage:
Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)
Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40
Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40
Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (7)30%40%30 10 30 15 35 40
Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40
Multi-family 6,000 SF/unit (7)40%70%30 10 30 15 35 40
All other uses 40,000 SF 40%70%30 10 30 15 35 40
IC All 40,000 SF 40%70%30 10 30 15 35 40
AIR All 3 acres 30%50%50 35 50 15 35 40
AIR-I All 3 acres 30%50%50 35 50 15 35 40
IO All 3 acres 30%50%50 35 50 15 35 40
City Center
FBC District
**For single-family residences in the SEQ existing as of May 24, 2006, the maximum building coverage shall be 20%.
SW
* See Article 9 for additional dimensional standards in the SEQ-NRN subdistrict. Where a conflicts exists, the more restrive shall apply.
Please see Article 8, City Center FBC District
C2
Page 328
APPENDIX CUSES and DIMENSIONAL STANDARDSRESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR/SEQ‐NRNSEQ‐VR SEQ‐VC(2)Residential UsesSingle‐family dwellingP P P P PUD PUD P P P P P P PTwo‐family dwellingPUD P P P PUD PUD P PP P P PMulti‐family dwellingPUD PUD P PUD PUD PUDCPUD P PAccessory residential unitsGroup home or Residential Care Home CP P P P PUD PUD P P P P P P PAgricultural UsesAgricultural uses consistent with State‐defined "Farming" activitySingle‐family dwelling related to agriculture P P P P P P P P P P P P PAdditional dwellings for farm employees P P P P P P P P P P P P PPublic & Quasi‐Public UsesCemeteriesCommunity centerPUD P PPCP P PCongregate care, assisted living, or continuum of care facilityC‐TO C C CCultural facilityPUD (11)Educational facilityPUDPCC CFuneral homes, mortuaries, and crematoriumsCCGroup quartersPUD (11)HospicePUDPMunicipal facilityCC PParksPersonal instruction facilityPP (6)Place of worshipPUD (11)P P P P P PPP P PRecreation pathsSocial servicesPUDC‐TO CCommercial UsesAdult use Institutional Residential Southeast QuadrantPlease See Section 3.10 for RegulationsConditional in all districtsPermitted in all districtsPermitted in all districtsExempt from local regulation in all districtsSouth Burlington Land Development RegulationsPage 329
APPENDIX CUSES and DIMENSIONAL STANDARDSRESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR/SEQ‐NRNSEQ‐VR SEQ‐VC(2)Institutional Residential Southeast QuadrantAuto & motorcycle service and repair, accessory use, no fueling pumpsCBed and breakfast, min. 1 acre lot C C C C C C C C(3)Family child care home, registered or licensedP PPP PP PPPPP P PChild care facility, licensed non‐residential C C(12) P(12) P P (4) PCommercial greenhouseC‐ACCCommercial or public parking facility N‐PUD (11) CFood Hub P(7) P(6) P(6) P(6) P(7) P(7) P(6) P(6) P(6) P(6) P(7)Financial institutionPGolf courseCCCLimited Neighborhood Commercial P P P P P POffice, general PUD (11) C (10) PUD‐TO P PUD‐TO COffice, medical PUD (11) PUD‐TO P PUD‐TO CPersonal or business service, principal use N‐PUD (7) (11)P P (6)Pet GroomingPPhotocopy & printing shops with accessory retailN‐PUD (11)Private providers of public services, including vehicle storage and maintenancePRecreation facility, indoor N‐PUD (11) P P C C C P (6)Recreation facility, outdoor N‐PUD (11) P P C CResearch facility or laboratory PUD (11)Restaurant, short order N‐PUD (11) CRestaurant, standard N‐PUD (11) C CRetail sales N‐PUD (7) (11)P (7) C (6)Seasonal Mobile Food UnitPService stationCWaste transfer stations CSouth Burlington Land Development RegulationsPage 330
APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDResidential UsesSingle‐family dwelling PUD P P PTwo‐family dwelling PUD P PMulti‐family dwelling PUD PUD PUD PUD PUD PUD PUDAccessory residential unitsGroup home or Residential Care Home PUD P P PAgricultural UsesPublic & Quasi‐Public UsesCemeteriesCommunity centerP P PUD PCongregate care, assisted living, or continuum of care facilityCC CC CCultural facilityEducational facility PUD PUD C C CEducational support facilities PUD(5) PUD(5)Food Hub P(7) P(6) P(6) P(6) P(6) P(6) P(6) P(7) P(7) P(7)Funeral homes, mortuaries, and crematoriums C C C C C C C C C CHospice P P P P P PMunicipal facility P P P C CParksPersonal instruction facility P P P P P P P P P P PPlace of worship P P P P P P P P P‐ACCRecreation pathsSkilled nursing facility C C C C C CSocial services C C C C C C CCommercial & Industrial UsesAdult useConditional in all districtsAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialExempt from local regulation in all districtsPlease see Section 3.10 for regulationsPermitted in all districtsPermitted in all districtsSouth Burlington Land Development Regulations Page 331
APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialAgriculture & construction equipment sales, service & rentalPPAirport UsesPPAnimal shelter C C PArtist production studio P P P P PAuto & motorcycle sales P P PAuto & motorcycle service & repair P P PAuto rental, with private accessory car wash & fuelingPPPPPBed & breakfastCCCannabis dispensary (dispensing only) P P P P P P P‐TOCannabis dispensary (cultivation only) P PCar washPChild care facility, licensed non‐residential P P P P P P P P P PCommercial greenhousePUD P PCommercial kennel, veterinary hospital and pet day careCC P PPPCommercial or public parking facility C C C C C C C C CContractor or building trade facilityPPP PDistribution and related storage, with >15% of GFA in office or other principal permitted use by same tenantCPPPDrive‐through bank PUD PUD PUD PUD PUDEquipment service, repair & rentalPPFamily child care home, registered or licensed P P P PFinancial institution P P P P P ACC P PFlight instruction P P PHotel PUD PUD PUD C C C CHotel, extended stay PUD PUD C C C CIndoor theater P PSee Article 8South Burlington Land Development Regulations Page 332
APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialIndoor vehicle storage, maximum 10,000 square feetP‐ACCJunk yardLight manufacturing PUD PUD P P P PLumber and contractor’s yardPP PManufacturing & assembly from previously prepared materials & componentsPPPPP PUDPP PPMobile home, RV and boat sales, repair & service P PMotor freight terminalCPOffice, general P P P P P P P PUD P P POffice, medical P P P P P P P PUD‐TO P P‐TOPersonal or business service P P P P P(7) P P P (7) P PPet grooming P P P P P P P P PPhotocopy & printing shops, with accessory retail P P P P P P P P‐ACC P PPrinting & binding production facilities C P P P PPrivate providers of public services, including vehicle storage and maintenancePP P PProcessing and storage P P P P P PRadio & television studio P P P C P P P PRecreation facility, indoor P P P P P P P P‐ACC P PRecreation facility, outdoor C C C C C C C C CResearch facility or laboratory P P P P P P P P P P PRestaurant, short order P P P P P P‐ACC P‐ACC P‐ACC P P‐ACC P‐ACCRestaurant, standard P P P P P P P P P‐ACCRetail sales P (8) P P P(8) P (7) P (7) P (7) P (7) P (9) P (8) P‐ACCRetail warehouse outletPPSale, rental & repair of aircraft & related partsPPSeasonal Mobile Food Unit P P P P P P P P PSouth Burlington Land Development Regulations Page 333
APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialSelf‐storageP ACC, P‐Non‐TOService stationCCShopping center C CTaverns, night clubs & private clubs P P P P P P P PTransportation servicesPPWarehousing & distribution C C P PWholesale establishments C C P P PKey and Notes to the Table above:P = PermittedC = Conditional UseNon‐TO = Allowable only outside of the Transit Overlay District(1) "N" refers to the Institutional‐Agricultural North sub‐district.(2) R7 and SEQ‐VC as classified as non‐residential zoning districts, but are included in this table for purposes of efficiency(3) No minimum lot size for bed & breakfast in the SEQ‐VC district(5) Educational support facilities in C1 are subject to the dimensional standards of the IA‐North District. See Article 7.(12) Allowable only as a municipally‐operated facility.(11) Use is allowed only as an Educational Support Facility. See Section 7.01(E)(7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(10) Use is restricted to not‐for‐profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation(4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existing as of July 1, 2013, may be expanded, enlarged or extended by an area that does not exceed 20% of its Gross Floor Area.PUD = Allowable within a Planned Unit DevelopmentACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay DistrictSouth Burlington Land Development Regulations Page 334
APPENDIX D LIGHTING
South Burlington Land Development Regulations
D LIGHTING
Page 335
APPENDIX E SUBMISSION REQUIREMENTS
South Burlington Land Development Regulations
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
√√√√√√√√√√Completed application form; one (1) full-sized, one (1) reduced [11" x 17"], and
one (1) digital copy of plans; and a list of the owners or record of abutting property
owners
√√√√√√√√√√Name and address of the owner of record, applicant, and owners of record of
abutting properties; and name and address of engineer(s), architect(s), landscape
architect(s) preparing plans, plan preparation date, and date and description of all
revisions shown on all plan sheets
√√√√√√√√√√Date, true north arrow and scale (numerical and graphic). The preferred scale shall
be not more than one hundred (100) feet to the inch, or not more than sixty (60)
feet to the inch where lots have less than one hundred (100) feet of frontage.
√√√√√√√√√√Narrative accompanying the application to include the following: (a) description of
the project; (b) demonstration of compliance with applicable review standards; (c)
list of submission elements; and (d) list of any changes made to plans from
previous submittals under the same application
√√√√√√√List of waivers the applicant desires from the requirements of these regulations
and accompanying narrative describing the request(s), detailing the City's
authority to grant the request(s) and describing why the waiver(s) should be
granted
√√√√√Estimated project construction schedule, phasing, and date of completion, and
estimated cost of all site improvements. (note: for FBC subdivisions, only public
infrastructure information required)
√√√√√√√√√√Any other information or data that the Administrative Officer or Development
Review Board shall require for a full assessment of the project pursuant to the
Land Development Regulations
√√√√√√√√√√Location map, showing relation of subject property to adjacent properties and
surrounding area.
√√√√√√√√√√Boundaries and area of existing subject property(ies), proposed property lines,
continues properties, boundaries of all zoning districts, transects, and overlay
districts, and all designations on the City's Official Map, and lots within the
proposed subdivision numbered.
√√√√√√√√√√Location of existing restrictions on land, such as easements and covenants.
√√√√√√Location of planned restrictions on land, such as easements and covenants.
√√Permanent reference monuments
√√√Copies of proposed deeds, deed restrictions, covenants, agreements or other
documents showing the manner in which open space, including park and
recreational areas, and school site areas are to be dedicated, reserved and
maintained and a certificate from the City Attorney that these documents are
satisfactory.
√√√√In the case of a subdivision or development served by a privately owned and/or
maintained street: A completed contract between the landowner and the City
regarding the number of lots or dwelling units to be served by the proposed right-
of-way or private street and the responsibility for the roadway maintenance and a
copy of all proposed deeds, agreements, or other documents which convey or
relate to the use of a privately owned street or right-of- way, and a certificate of
the City Attorney that these documents are satisfactory.
√√√√√A complete survey of the subdivision, prepared by a licensed land surveyor,
showing the location, bearing and length of every street line, lot line and boundary
line, and existing and proposed restrictions on the land, including but not limited
to access ways and utility easements. Where applicable, this information shall be
tied to reference points previously established by the City.
√√√√Lot area in square feet and acres, and lot coverage calculations including building,
overall, and front yard coverage and the location and layout of any off-street
parking or loading areas, traffic circulation areas, pedestrian walkways, and fire
lanes.
All Districts Except City Center FBC City Center FBC District
BASIC INFORMATION
SITE INFORMATION
Page 336
APPENDIX E SUBMISSION REQUIREMENTS
South Burlington Land Development Regulations
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
All Districts Except City Center FBC City Center FBC District
√√√Point-by-point lighting plan and cut sheets for all proposed outdoor lighting within
the site
√√√√√√Preliminary grading, drainage, landscaping and buffering plan in accordance with
Article 13, Supplemental Regulations.
√√√√The extent and amount of cut and fill for all disturbed areas, including before-and-
after profiles and cross sections of typical development areas, parking lots and
roads, and including an erosion and sedimentation control plan, and proposed
locations of sediment sink/setting pond and interceptor swales.
√√√√The location of any outdoor storage for equipment and materials if any, and the
location, type and design of all solid waste-related facilities, including dumpsters
and recycling bins.
√√√√√Estimate of all earthwork, including the quantity of any material to be imported to
or removed from the site or a statement that no material is to be removed or
imported.
√√√√Location of existing structures on the site, and showing all site conditions to
remain.
√√√√√√√√√√Existing water courses & buffers, wetlands & buffers, base flood elevations if
located in an area of special flood hazard, wooded areas, ledge outcrops, and
other natural features.
√√√√√√√Existing and proposed open space
√√√√By proper designation on such plat, all public space for which offers of cession are
made by the applicant and those spaces title to which is reserved by him.
√√√√√The location of all open space to be dedicated to the City as well as all open space
to be retained by the applicant or to be held in common private ownership.
√√√√√√√√√√Existing and proposed contours at a maximum vertical interval of two (2) feet.
√√√Detailed specifications and locations of planting, landscaping, screening, and/or
buffering materials.
√A general concept of the landscaping, both in written and graphic form.
√√√√√A list of existing vegetation, with the location, type, and size of existing trees of six
inches or greater in caliper.
√√√√A written plan to preserve and protect significant existing vegetation during and
after construction. Such plan will be of sufficient detail that the City of South
Burlington will be able to inspect the site during construction to ensure that
existing vegetation is protected as per the plan.
√√√Detailed landscaping plan, specification of materials, costs, and phasing plan,
including vegetation to remain, types of new plant materials, identified by
common name and botanical name, sizes of all new plant materials by height
and/or diameter at time of planting and at maturity, quantities of each of the
planting materials, and treatment of the ground surface (paving, seeding, or
groundcover) for all plantings, screening, buffering, and stormwater infiltration.
√√√Detailed erosion control plan demonstrating compliance with these regulations
√√√√√Existing and proposed structures
√√√One set of preliminary plans, elevations, floor plans, and sections of proposed
structures showing the proposed location, use, design and height of all structures,
roads, parking areas, access points, sidewalks and other walkways, loading docks,
outdoor storage areas, sewage disposal areas, landscaping, screening, site grading,
and recreation areas if required. Plans shall also show any proposed division of
buildings into units of separate occupancy and location of drives and access
thereto.
√√√Detailed elevations to demonstrate compliance with Building Envelope Standards
and material requirements
√Solar ready roof analysis report
√√Elevations of buildings proposed as part of Planned Unit Developments
BUILDINGS
LANDSCAPE FEATURES
Page 337
APPENDIX E SUBMISSION REQUIREMENTS
South Burlington Land Development Regulations
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
All Districts Except City Center FBC City Center FBC District
√√√√√√√√Location, type, and width of existing and proposed streets and block layout
(including roadways, sidewalk, recreation path)
√√√√√Plans and profiles showing location of existing and proposed street pavements,
proposed elevations along center lines of all streets, curbs, gutters, sidewalks,
manholes, catch basins, and culverts
√√√√√Plans showing the location, size and invert elevations of existing and planned
sanitary sewers, storm water drains, and fire hydrants and location and size of
water, gas, electricity and any other utilities or structures.
√√√√√√Location of existing septic systems and wells.
√√√√√Existing and proposed water and wastewater usage
√√√√√Location and design of all utility distribution facilities
√√√√The location and details of all the improvements and utilities, including the
location of all utility poles, utility cabinets, sewage disposal systems, water supply
systems, and all details and locations of the stormwater management system.
√√Preliminary designs of any bridges or culverts which may be required.
√√√√Construction drawings of all required improvements.
√√√√The length of all straight lines, the deflection angles, radii, length of curves and
central angles of all curves tangent distance and tangent bearings for each street.
√√√√√√√All means of vehicular access and egress to and from the site onto public streets,
and all provisions for pedestrian access and circulation.
√√√√√√Analysis of traffic impacts, if required by the traffic overlay district and/or the DRB.
√√√√√Proposed stormwater management system, including (as applicable) location,
supporting design data and copies of computations used as a basis for the design
capacities and performance of stormwater management facilities.
√√√Detailed plans, designs and finished grades of retaining walls, steps, ramps, paving,
site improvements, fences, bridges, culverts, and drainage structures.
√Overall plan for the property showing the locations and total combined area of the
propert(y)(ies) proposed for subdivision and/or site plan phase, either in
conjunction with the initial master plan application or in the future, specifying
which area or areas are currently proposed for subdivision or development.
√The location and total area of the propert(y)(ies) currently proposed for
subdivision or development that are to be deeded as perpetually open spaces, and
which areas proposed to be left open are subject to future evaluation within the
parameters of the master plan.
√the location, total area and nature of any public amenities or facilities other than
buildings proposed either in conjunction with the initial master plan application or
in the future, specifying which features are currently proposed for development.
√The maximum impervious coverage proposed for the property or properties
subject to the Master Plan.
√The maximum Floor Area Ratio (FAR) and/or number of dwelling units proposed
for the property or properties subject to the Master Plan.
√The maximum number of vehicle trip ends (VTEs) and associated parking proposed
for the property or properties subject to the master plan.
STREETS AND UTILITIES
* note: the Land Development Reqgulations may contian additional submission requirements for specific requests and applications
Page 338
APPENDIX F OPEN SPACE
South Burlington Land Development Regulations
Plaza/Square Green Pocket/Mini Park Playground Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium
Description Primarily hard-surface space. Informal and centralized public, civic space or common/shared private space for residential use or campus-style development.
Small open area tucked between buidlings on a separate lot or portion of a lot.
Programmed space and/or structure that serves the recreational needs of children in the immediate vicinity.
An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink
Accessible and open area on upper story with seating and gathering amenities.
Interior open space where at least one wall facing the street consists entirely of glass.
Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus-style Development: 0.5-3 acres.2,000-10,000 sq. ft.Play area shall be a minimum of 2400 square feet.Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open
space.
Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open
space shall not exceed twice the area of the glass wall projected onto the floor plane.
Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with
wide, shallow stairs. May include space for a farmer's market
For residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style
development: Centralized; Accessible from a public right-of-way via direct walkway; Access from several locations encouraged.
Fronts on and is accessed from a street right-of-way. Pedestrian accessible.
Accessible from Public Right-of-Way or adjacent to private sidewalk. Should be centrally located and visually accessible to the greatest extent practicable.
Highly visible, directly adjacent to public right of way. See additional public realm standards below.
Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential,
must provide adequate signage about location and accessibility in hallways and elevators.
Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space availble and inviting to
the general public.
Seating*, Tables, Etc.
Minimum one seating space for
each 150 sq.ft. of plaza area. Minimum 3 seats.
Provide formal and informally
arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up.
One seat for each 750 sq.ft. of park
size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds
or public picnic tables.
Must provide benches or formal
seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating.
Seating material shall be of
moderate to high quality in order for café space to be considered qualifying open space.
One seating space for every 50
sq.ft. of terrace area.
Provide one seat for every 100
sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs.
Landscaping, Design-Landscape is secondary to architectural elements. Use trees to strengthen spatial definition. Shall include attractive paving material or pattern to create unique space. Encouraged use of lush, dense plant material. Shall incorporate art, sculpture and/or water feature.
Provide lush landscape setting with predominantly lawn surfaces and planting such as: trees, shrubs, ground cover, flowers. Canopy trees should provide substantial shade.
Turf and landscape plantings to promote shade over at least 25% of area;
Appropriate ground material- rubber or woodchips. Plantings for articulation of space encouraged. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. Shade shall be provided in consultation with the Recreation Director.
For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors.
Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space.
Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature.
Commerical Services, Food 20% of space may be used for restaurant/cafe seating, taking up
no more than 20% of the sitting facilities provided.
20% of space may be used for restaurant seating taking up no
more than 20% of the sitting facilities provided.
Not permitted Not counted towards open space requirement. May serve as seating area for adjacent restaurant/food service, or
be space provided for those bringing their own meals.
Dependent on Transect, may possibly be used up to 100% for
commercial food services. See Table 8-1.
30% of area may be used for restaurant seating taking up no
more than 30% of the seating and tables provided. Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid-afternoon.
Sunlight to most of the occupied area from mid-morning to mid-afternoon. Shelter from wind.
No requirements Sunlight to most of the occupied area from mid-morning to mid-afternoon.
Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing.
Other Shall include minimum components:3 low child-sized swings; 1 toddler sized swing; 2 slides; one or more play houses.
Notes:
Seating
dimensions:
*Required dimensions for one seating space or one seat are as follows:
Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees
Depth: 14" one-sided; 30-36" double-sided Width: 30" of linear seating are counted as one seat
Materials
Appendix F - GUIDELINES FOR OPEN SPACE in CITY CENTER
All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application.
Page 339
APPENDIX F OPEN SPACE
South Burlington Land Development Regulations
Description
Size
Location & Access
Seating*, Tables, Etc.
Landscaping, Design-
Commerical Services, Food
Sunlight and Wind
Other
Notes:
Seating
dimensions:
Materials
Appendix F - GUI
Courtyard Wooded Area Community Garden Rain Garden Pedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment
AreaCommon Open Space area on a portion of a lot. Naturally occuring area with predominance of canopy trees with enhancement and public access.
Land set aside and maintained for production of food to be used primarily for participating gardeners.
A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas.
Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas.
Liner open space area to secondary streets, as permitted per the Regulations.
An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimimally necessary for water resource management.
5,000-20,000 sq. ft.2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing
platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space.
Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily
developments.
Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open
space.
8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of
pavement or sidewalk as applicable.
Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50
feet to either side; total area shall not count as more than 50% of minimum required qualifying open space.
Physically defined by surrounding buildings on three sides (outer) or four sides (inner)
Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where
the LDR permit open space to be located off-site.
May not be located in any class wetland or wetland buffer. Shall have proper drainage.
The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching
the sewer system.
No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass.
Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is
located on the opposite side.
Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type.
One seating space for each 500
sq.ft. of courtyard area, with a minimum of 3
Light enhancement expected. Must
include improvements, including cleared paths and benches.
None required. The space must serve as a visual
amenity which can be enjoyed through paths or seating. Adjacent seating intended to enhance the garden are required an d can be counted as part of the required
open space.
One seating space for each 150
sq.ft.
Seating is encouraged, but there
shall be no minimum requirement.
If functional for sitting and viewing,
seating can be ledges, benches,and/or stairs.
If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery.
Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities.
Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens.
Deep rooted native plants and grasses.If paved, area shall provide trees at no more than 30 foot intervals. If grassed, area shall be accented with intermittent trees or public art.
Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged.
LID techniques; no fencing permitted.
Not permitted Not permitted.Not permitted. Not permitted.40% of area may be used for restaurant seating taking up no
more than 30% of the seating and tables provided.
Not permitted.Not permitted.
Sunlight to sitting areas for most of day.No requirements Full sunlight. Appropriate to the plant species selection. Sunlight to most of the occupied area at lunchtime. Shelter from wind.
No requirements. Appropriate to the plant species selection.
See LID language for additional standards. Separate travelled way from parking areas; shall create pedestrian environment.
Must be located on applicant-owned property.
Page 340
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Page 341
Bicycle Parking Dimensions 24” 30” 30”1 39”2 24” 30”1 39”2 30” 30” 24” 30” 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket All distances listed as minimums. 3030” Page 342
1 If measured between center points of u/hoop 2 If measured between outside edges of bracket Where more than one rack is to be placed perpendicular to the parking stall side lines, addiƟonal space is needed. This may come from: Combining two exisƟng parking spaces CreaƟng a dedicated parking space at least 11 feet wide UƟlizing, for required access space only, the reserved space adjacent to handicap accessible parking. Reserving and marking a space at least 2 feet in width‐ and as long as the parking space‐ adjacent to the bike parking space. Where bicycle parking is immediately adjacent to vehicle parking, yellow bollards or rubber curb stops shall be used. All distances listed as minimums. Bicycle Parking in Standard Vehicle Parking Spaces 18’ 9’ 24” 30” 301” 392” 24” 72” 30” 30” 60” Page 343
APPENDIX H HOUSING PRESERVATION
South Burlington Land Development Regulations
Pre-Existing Dwelling Units Exempt from Housing Preservation per Section 18.03(C)(5)
1141 Airport Drive
1155 Airport Drive
1195 Airport Drive
98 Airport Parkway
115 Airport Parkway
121 Airport Parkway
127 Airport Parkway
165 Airport Parkway
221 Airport Parkway
223 Airport Parkway
225 Airport Parkway
1 Delaware Street
11 Dumont Ave
32 Dumont Ave
38 Dumont Ave
44 Dumont Ave
65 Dumont Ave
52 Kirby Rd
80 Kirby Rd
110 Kirby Rd
181 Kirby Rd
184 Kirby Rd
191 Kirby Rd
199 Kirby Rd
100-102 Kirby Rd
114-116 Kirby Rd
196-195 1/2 Kirby Rd
12 Ledoux Terrace
10 Lily Lane
12 Lily Lane
14 Lily Lane
16 Lily Lane
18 Lily Lane
20 Lily Lane
22 Lily Lane
1 Patrick Street
9 Shamrock Rd
35 South Henry Court
21 South Henry Court
384 White Street
390 White Street
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South Burlington, Vermont
¹
0 2,000 4,0001,000 Feet
Data Disclaimer:
Maps and GPS data (“material”) made available by the City
of South Burlington are for reference purposes only. The
City does not guarantee accuracy. Users release the City
from all liability related to the material and its use. The City
shall not be liable for any direct, indirect, incidental,
consequential, or other damages. Contact GIS@sburl.com
with questions
Note:
Parcel line data is provided for informational purposes only.
The City reserves the right to update the Official Zoning Map
with new parcel data as it becomes available.
Transect Zone 1 Disclaimer:
The T1 Transect Zone depicts stream buffer, wetland, and
wetland buffer areas on the Official Zoning Map. Stream buffer,
wetland, and wetland buffer areas are shown for illustrative
purposes only. Depicted stream buffer, wetland, and wetland
buffer boundaries are approximate. The diagram should not be
construed as showing all stream buffers, wetland, and wetland
buffer areas, nor the precise locations of such stream buffers,
wetland, or wetland buffer areas. Stream buffer, wetland, and
wetland buffer delineation for permitting purposes must be
determined in accordance with Article 10 and 12 of the South
Burlington Land Development Regulations, as applicable.
Effective April 11, 2016
Zoning Map
P:\Planning&Zoning\Zoning\ZoningMap\2016\ZoningMap_Effective_2016_04_11.mxd
Zoning Districts
Residential Districts
Residential 1
Residential 1 -
Residential 2
Residential 4
Residential 7
Res 7-Neighborhood
Commercial
Residential 12
Lakeshore Neighborhood
Queen City Park
Form Based Code
Districts
Transect Zone 1
Transect Zone 3
Transect Zone 3 Plus
Transect Zone 4
Transect Zone 5
Municipal & Institutional
Municipal
Park & Recreation
Interstate Highway Overlay
Institutional & Agricultural-North
Institutional & Agricultural-South
Southeast Quadrant Subdistricts
Natural Resource Protection
Neighborhood Residential North
Neighborhood Residential
Neighborhood Residential Transition
Village Commercial
Village Residential
Commercial Districts
Commercial 1 - Residential 12
Commercial 1 - Limited Retail
Commercial 1 - Residential 15
Commercial 1 - Airport
j j j
j j j
j j j
Commercial 1 - Automobile
Commercial 2
Swift Street
Allen Road
Industrial and Airport Districts
Mixed Industrial & Commerical
o o o
o o oAirport
Airport Industrial
( ( ( ( (
( ( ( ( (
( ( ( ( (Industrial & Open Space
Districts
Districts
Districts
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DORSETSTSHERRY RDGARDEN ST HINESBURG RDCOTTAGEG R O V E A V ECommercial
Boulevard
Garden Street
See 11.02(C)(1)
Support Street
Market Street
See 11.02(C)(1)
Neighborhood
Street Narrow
WHITE STPATCHEN RDWILLISTONRD
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PINE ST
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BARRETT ST HAYDEN PKWYINTERSTATE89OBRIEN DRSLOCUMSTSAN REMO DREAST TERRNeighborhood Street
Support
Street
Neighborhood/
Support Street
Support
Street
Neighborhood
Street
Neighborhood Street/
Bike Boulevard
Commercial
Boulevard
Legend
Existing Road Parcels
Planned Recreation Path
Primary Existing Streets
Primary Planned Streets
Secondary Existing Streets
Secondary Planned Streets
Planned Street Right of Way
Proposed City Center Zoning
Transect Zones
T-1
T-3
T-3+
T-4
T-5
Park/Civic
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\\PWSERVER\GISdata\Planning&Zoning\Zoning\FBC\FBC_PRim_SecRoads_BlockStndrd.mxd exported by:mbrumberg On 6/26/2017
City Center Form Based Code - Primary & Secondary Streets &
Block Standard Applicability
Effective Date: July 10, 2017
*Approximate locations of proposed roads, to be used for
planning purposes only. Please refer to original studies
for exact road centerlines.
0 700 1,400350
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Street Designation Label
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South Burlington Land Development Regulations Effective April 11, 2016
Page 347
BurlingtonInternational Airport
NOT A VPZ
HINESBURGRD. - NORTH
DORSETPARK
SPEAR ST. -OVERLOOK PARK
DORSETPARKSPEAR ST. -OVERLOOK PARK
SPEAR ST. -OVERLOOK PARK DORSET PARK
SPEAR ST.- RIDGE DORSETPARKDORSETPARK
HINESBURGRD. - SOUTH
Overlay Districts- Map 1 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
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South Burlington, Vermont
Urban Design Overlay
Primary Node
Secondary Node
Form Based Code Gateway Area
Gateway Area
Flood Plain Overlay District
Zone A - 100-year Flood Plain
Scenic View Protection Overlay District
Dorset Park
Hinesburg Road - North
Hinesburg Road - South
Spear Street - Overlook Park
Spear Street - Ridge
Map Features
Roads
Tax Parcel Boundaries
Urban Design Overlay District
Page 348
BurlingtonInternational Airport
Overlay Districts- Map 2 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in Vermont State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
\\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_2_20180807_1006..mxd
South Burlington, Vermont
Map Features
Roads
Tax Parcel Boundaries
Traffic Overlay DistrictMajor Intersections - Zone 1
High Volume Roadway Segments - Zones 2A, 2B, 2C
Balance of Restricted Roads - Zone 3
Transit Overlay District
Transit Route
Transit Overlay District
Airport Approach Corridors
Airport Approach Corridors
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