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HomeMy WebLinkAboutMinutes - Planning Commission - 02/10/2015 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 10 FEBRUARY 2015 The South Burlington Planning Commission held a regular meeting on Tuesday, 10 February 2015, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, G. Calcagni, B. Gagnon, B. Benton, S. Quest, T. Harrington ALSO PRESENT: P. Conner, Director of Planning & Zoning; C. LaRose, City Planner; R. Greco, M. Mittag, M. Janswold 1. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 2. Open to the public for items not related to the agenda: Mr. Mittag asked about the minutes of the 30 May meeting of the Solar Ready Task Force. Mr. Conner said these should be on-line; if they are not, staff will get them online this week. 3. Announcements and Staff Report: Ms. Louisos: Noted that she and Mr. Conner attended last night’s City Council meeting to report on what the Commission has been doing and its time‐line for getting things to the Council. The Council recommended that if correspondence goes out from a sub-committee, it should go through the Planning Commission first. Ms. Quest: Attended the Underwood public hearing which was very well attended. Also went to a “better building design course, which was very inspiring. Ms. Harrington: Also attended the Underwood public hearing. Mr. Conner: Weekly committee meetings are on the city’s website and are posted every Friday. The Council made appointments to the Chamberlin/Airport Study Committee last night. They are now waiting for 2 City of Burlington appointments, one from the Mayor of Burlington and one from the Airport Commission. The Underwood committee has one more meeting. It will be facilitated by Mr. Conner and Ms. LaRose as Betsy Terry will not be applying for the full-time Recreation Department position. 4. Land Development Regulation Amendments: a. “General merchandise store” definition and overall discussion of commerce uses: Ms. Louisos directed attention to the map where various types of retail are allowed. Mr. Gagnon suggested that instead of “general merchandise” they use “retail sales” and differentiate between various sizes. Mr. Conner said yes, and noted that certain areas already do that, at least with very small retails sales of less than 3,000 and less than 5,000 s.f.. Members then discussed limiting the size of retail. Mr. Gagnon said he wouldn’t limit retail size on Shelburne Road. Members then discussed whether to distinguish between “less than 5,000 sq. feet” or “more than 5,000 sq. ft.” in certain areas. They also considered limiting the maximum size and whether the market would dictate what happens. Members agreed to delete the “general merchandise” use category and just to use “retail sales.” This will be part of the next round of amendments. b. Review Draft Elements of City-wide Regulations Updates: Ms. Louisos felt there needs to be more work done on definitions of “block” and “block standards.” Members agreed to postpone this discussion for the present. Members asked about glazing standards. Ms. LaRose said there are 2 standards: how much glazing and how much of the glazing has to be transparent. Mr. Conner noted that 75% of glazing facing the street has to be transparent. Mr. Riehle asked what is accomplished by making glazing transparent as people can just pull down shades to protect merchandise from the sun. Mr. Conner said the question is whether it is “permanently non‐transparent.” Mr. Gagnon said the idea is to make the environment inviting, to be able to look and see something. Ms. Louisos asked why there is a definition of “mid‐block.” Mr. Conner said it relates to street types and creating a “mid‐block” pedestrian access for an oversized block. Mr. Gagnon questioned the definition of “person.” Mr. Conner said he would look into it with the City Attorney. Mr. Gagnon said he is wrankled by defining a corporation as a “person.” He felt they could just refer to “statute definitions.” Ms. Louisos noted the definition of “street” doesn’t refer to street types. Ms. LaRose said they are working on that and will come back to the Commission with something. Mr. Conner added they may come in with a “private commercial street” definition. Ms. LaRose said they will also compare definitions to E-911 standards. Regarding “multiple uses and multiple structures,” Ms. LaRose noted there can be issues with things like cross‐easements that could cause a problem. She saw no harm in having two buildings on a lot as long as the dimensional standards are met. Mr. Conner showed an example of what they are trying to avoid. Members agreed. Mr. Conner recommended keeping the “planned Right of Way” setbacks along certain roads for potential road widening. Members agreed. Mr. Gagnon asked about a mechanism to secure land for potential new streets. He cited the Burger King property on Williston Rd. and noted this could be the last chance to get any land there. Mr. Conner said the city could potential either buy or require dedication of land. He would look into it with the Public Works people. The city should have something ready to implement; otherwise they won’t get anything. Ms. Harrington raised the possibility of a non‐conforming building being “altered in stages so the owner won’t have to deal with the non‐conformity. Mr. Conner will look into this. 5. Comprehensive Plan: a. Follow up on demographic forecasts: community goals and objectives: Ms. LaRose raised the question of whether the Commission wants any “big picture changes” based on the forecasts it heard. Mr. Gagnon felt they can consider that when they come to certain areas in the Plan and then do some tweaking. Mr. Conner stressed the need to catch the “big picture” items up front. 6. Other Business: a. PBS submittal: New Cingular Wireless de minimum modification to an existing wireless communications facility: 1270 Shelburne Road: Members wanted to know the specific changes. Mr. Conner said there would be three new panels, basically the same as what is now existing. Members were OK with that. 7. Minutes: No minutes were presented for approval. Upcoming Meeting Schedule: The next scheduled Planning Commission meeting is on 24 February. Mr. Conner said there is a possibility the City/Schools Master Planning group will be meeting at that time. If so, the Planning Commission meeting will be rescheduled. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:40 p.m. , Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: “General Merchandise Store” definition and overall discussion of commerce uses DATE: February 10, 2015 Planning Commission Meeting Back in November, the Commission requested to schedule a meeting to discuss the related land uses of “retail” and “general merchandise stores.” For the purposes of this discussion, there are essentially four relevant land uses within the LDRs1,2: • Retail sales up to 3,000 s.f. gross floor area • Retail sales up to 5,000 s.f. gross floor area, excluding general merchandise stores • Retail sales, excluding general merchandise stores • General merchandise stores The present definitions of each are below: Retail sales. An establishment engaged in selling goods 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 retail food establishment as an accessory use located entirely within the principal structure and with no dedicated exterior entrance of its own. General merchandise store. See retail sales. Enclosed is a map that depicts where and how these four categories of land uses are organized throughout the city. 1 The uses here are as proposed in the draft LDRs as reviewed by the Planning Commission last summer. “Retail sales” in the draft LDRs is presently “retail and retail services.” The term retail services is proposed to be deleted. 2 In various zoning districts, they are also further differentiated into whether the sized-limited uses can be within larger buildings and/or whether they must be accessory uses within a building, but those are finer-grain details. 2 Considerations Staff encourages the Commission , as with all reviews, to focus on long-term goals for commerce through allowed uses and scales. As you know, the question of “use”, at least within the draft FBC area, is proposed to be less relevant in the draft LDRs as the topic of form has been reviewed and considered. Staff would also add that distinctions between related uses becomes more blurred each year (eg: a pharmacy vs. a dollar store vs. a grocery store – in many cases, these historically very different land uses offer nearly identical product selections for 80% of the inventory). In addition, today we seeing an increase in on-line merchants based here. £¤2 £¤7 §¨¦89 ¬«116 ¬«116 Floral Dr PinnacleDrLAURELHILLDR EXTTechnology Park Way H emlo ck Ln Mansfield View Ln Weeping Willow LnOldSchoolhouseOldSchoolhouseOldSchoolhouse DORSETHTSDisclaimer:The accuracy of information presented is determined by its sources. Errors and omissions may exist. Questions of on-the-ground location can be resolved by site inspections and/or surveys by registered surveyor. This map is not sufficient for delineation of features on-the-ground. This map identifies the presence of features, and may indicate relationships between features, but is not a replacement for surveyed information or engineering studies. Retail & General Merchandise StoresCurrent Zoning 0 2,000 4,000 6,0001,000 Feet Legend Retail <3,000 s.f. only Ü Map Prepared Feb 6, 2015 Permissable Uses Retail <3,000 s.f. + Retail <5,000 excluding Gen. Merch. Stores Retail <3,000 s.f. + Retail excluding Gen. Merch Stores Retail <3,000 s.f. + Retail + Gen. Merch. Stores ARTICLE 1 PURPOSE and TITLE South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 1-1 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 Zoning RegulationsLand Development Regulations effective May 12, 2003 and as amended through SEPTEMBER 12, 1994 and as amended through July 9, 2002, and the City of South Burlington Subdivision Regulations effective April 10, 1995 and as amended through July 9, 2002September 24, 2013. [Note: These Regulations became effective on May 12, 2003. Subsequent dates in the footer refer to the most recent date of amendment.] Amendments (Effective Dates): February 23, 2004 April 26, 2004 June 28, 2004 September 6, 2005 April 24, 2006 July 10, 2006 October 24, 2006 February 6, 2007 February 25, 2008 January 5, 2009 October 26, 2009 January 11, 2010 February 8, 2011 March 15, 2011 January 9, 2012 May 7, 2012 May 6, 2013 September 24, 2013 Comment [PC1]: Modification 2/5/2015; these amendments are proposed to adopt the LDR changes in their entirety. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-1 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. (16)(17) The word “dwelling unit” includes “unit” Comment [PC2]: Not in all cases. This was a proposed addition, now proposed NOT to be included. 12/8/2014 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-2 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 Chapter 117, Vermont Statutes Annotated, 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-3 Accessory Structure. A structure detached from the principal building on the same lot and customarily incidental and subordinate to the prinicipal building or use. The accessory structure shall be located on the same lot. 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. Administrative Officer. That person appointed by the City ManagerCity Council and who has any other 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 zoning Administrative Officerofficer, 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 Adult UsePublic Indecency Ordinance. Affordable housing. Tthis 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 county 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. OR (B) Housing that is rented by its inhabitants whose gross annual household income does not exceed sixty-fiveeighty percent (6580%) of the county 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-4 Agent of owner. Any person who can show written proof that he has authority to act for the property owner. Agriculture. The production, keeping, or maintenance, for sale, lease, educational and research, or personal use, of plants and animals useful to humans. This may include, but not be limited to principal uses such as the cultivation of the ground, harvesting of crops, and the rearing and management of livestock, and necessary accessory uses such as packing, treating, and storing the produce. The operation of any such accessory use shall be secondary to that of the normal agricultural activity. Uses and activities may include: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry; sheep, horses, or goats, including the breeding and grazing of any or all of such animals; fur animals; trees and forest products; fruits of all kinds; vegetables; nursery; floral; and greenhouse products; lands devoted to soil conservation or forestry management program; or any other agricultural or horticultural use as defined by the commissioner of agriculture and commissioner of forests, parks, and recreation under 10 V.S.A. sections 1021(f) and 1259(f), or farming as defined in 10 V.S.A. section 6001(22). The keeping of bees shall be exempt from the regulation of agricultural uses within South Burlington. Agriculture (Farming). shall include any of the following land use activities conducted in accordance with state-defined accepted agricultural practices and/or best management practices: the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or the raising, feeding, or management of livestock, poultry, fish, or bees; or the operation of greenhouses; or the production of maple syrup; or the on-site storage, preparation and sale of agricultural products principally produced on the farm; or the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines. 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 another, any increase in height, and any change or DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-5 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-6 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. 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. 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. means h 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. A unit of land bounded by streets or by a combination of streets, and public parks and natural areas land, conserved blocks of land, railroad rights-of-way, interstate highways, airport operations areas, public waterways, slopes exceeding 30% for an extended distance, or any other barrier to the continuity of development, and municipal boundaries. Alleys, recreation paths, or paths, whether public or private, shall not be considered as dividers between blocks. Block connectivity. A street directly connected in a minimum of two places with an adjacent street. Indirect connections, such as parking lots, recreation paths, driveways, or fire lanes do not qualify as “block connectivity.” Comment [PC3]: NOTE: THIS DEFINITION IS UNCHANGED FROM 6/27/2014 PENDING DISCUSSION WITH STAKEHOLDERS PER 1/27/2015 COMMISSION MEETING. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-7 Block perimeter. The total distance around a block measured around the inside line of the applicable right-of-way. 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. Build-to line. A line extending through a lot that is generally parallel to the front property line and marks the location from which the principal vertical plane of the front building elevation must be erected; intended to create an even building façade line on the street. The build-to line is established on the final plat or site plan. - Build-to zone. The area on the lot where a building façade must be located, measured as a minimum and maximum range from the edge of an existing, planned, or public street right-of-way. Buildable area. The area of a lot remaining after the minimum yard and open space requirements of the Land Development Regulations have been met. 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 principal façade of the building as well as stoops, porches, permanent structural awnings, inverted dormers and picture windows. See the diagram below for examples. This term may also to structures where specifically referenced in these Regulations. Comment [PC4]: A new definition for “build-to- line” was proposed in previous versions. Recommend remove in favor of using the words build-to-zone for consistency 11/26/2014 Comment [PC5]: A new definition for “build-to-percentage” was proposed as an addition in previous versions. Proposed to remove as redundant; described in other terms in standards. 11/26/2014 Comment [PC6]: Minor tweak from previous draft as the term “principal façade” is not used. 11/18/14 Comment [PC7]: Added reference to structures 12/2/2014 for items such as walls, etc. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-8 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 coverage. See lot coverage. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-9 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 face. The dominant structural feature of the elevation of any side of a building. 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. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. 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. Business services. Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, management and consulting service, protective service, equipment rental and leasing, commercial research, development and testing, photo finishing, and personal supply service. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-10 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. 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-11 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. 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. Comment [PC8]: Still need to work on this item and have Attorney review. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-12 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. Community residence or shelter. See group home. Complete application. An application form completed as specified by ordinance a bylaw and the rules and regulations of the municipal agency and all accompanying documents required by ordinance the bylaw for approval of the application. The application shall be certified as complete as soon as all requirements specified in the ordinance bylaw and rules and regulations have been met. Complete Replacement. Removal of more than fifty percent (50%) of the supporting members of a building, such as bearing walls, columns, beams, or girders, measured by ground floor area. Concept plan. See plan, sketch. 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. Comment [PC9]: For discussion as definition Non-conforming uses within the FBC DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-13 Congregate housingcare facility. A housing facility that has significant facilities and services specifically designed to meet the physical or social needs of older or handicapped 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. 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. Convenience store. A retail establishment, typically less than 3,000 square feet in area, offering for sale prepackaged or prepared food products, household items, newspapers and magazines, and may include sandwiches and other freshly prepared foods for off-site consumption. 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-14 (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 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. Customary 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 shall be clearly accessory to the use of the dwelling unit for living purposes. The home occupation shall not change the character of the dwelling unit or accessory structure in which it is located. See Section 13.02 for home occupation regulations. 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-15 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. 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 activity and separate occupant(s), residential or non-residential, on any upper stories. 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. Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit. 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. Comment [PC10]: 12/2/2014 staff attempt at a definition. The term is used in T3 but did not include a definition. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-16 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 use. 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. The drive-in use may be the principal or accessory use on a lot. 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 or shared access way. 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-17 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. Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-18 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. The vertical location of the ground surface prior to excavation or filling.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. Any tract of land containing at least three (3) acres which is used for dairying or for the raising of agricultural products, horticultural or agronomic products, forest or silvicultural products, livestock, poultry, or carrying out other practices associated with accepted agricultural or farming practices, as farming is defined in 10 VSA Section 6001(22), and which may include accessory structures for the sale of such products from the premises where produced, and which may include farm structures as regulated by 24 VSA Section 4413(d). 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-19 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. 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. Fraternity or sorority house. A dwelling or dwelling unit maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. Form Based Code District. Zoning district within these Regulations as depicted on the Official Zoning Map Frontage. (A) That boundary of a lot abutting a public street; (B) the front lot line Comment [CL11]: No other zoning districts are listed in the Definitions section. Recommend remove 11/21/2014 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-20 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. Garden apartment. See Dwelling, multi-family. Gasoline filling 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. General merchandise store. See retail sales. 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, natural. The elevation of the ground surface in its natural state, before manmade alterations, 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. (B)(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. Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition. Comment [PC12]: To be discussed. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-21 Glazing. The amount of window and door coverage over the specified portion of a building. Greenbelt. The landscaped and maintained vegetative portion of the 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 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 facility or dwelling unit housing persons unrelated by marriage, blood, adoption, fosterage, or guardianship and operating as a group family household. A group home may be established as a half-way house, recovery home, or home for orphans, foster children, the handicapped or disabled, the elderly, or battered children and women. The facility shall be licensed and operated in accordance with applicable law. It may also be known as a group care facility. It is not group quarters; see below. A group home to be operated under a state license or registration serving not more than eight (8) persons who have a handicap or disability as defined in 9 VSA Section 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 group home. Group Homes so located shall be subject to the use requirements in Table C-1 of these Regulations. A therapeutic community residence as defined by 33 V.S.A. §7102 (11) Halfway house. A place for transitional group living arrangements for persons discharged from hospitals or prison, or in lieu of hospitalization or imprisonment, characterized by the presence of live-in staff, emphasizing the development of skills necessary for more independent living. The facility shall be licensed and operated in accordance with applicable law. Community residence. A residential facility or transitional housing for the developmentally disabled, victims of domestic violence, or homeless persons or households. May also be known as a “shelter.” Group family household. A group of individuals unrelated by marriage, blood, adoption, fosterage, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. 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 Comment [PC13]: Added for more urban areas 12/8/2014 Comment [PC14]: legal review complete 1/26/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-22 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. Half story. An uppermost story in which the floor area is as least one-third or less of the floor area of the story next beneath it, and which has a clear floor to ceiling height of at least seven and one- half feet. 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 include rooftop apparatus such as solar collectors, chimneys, spires, towers, elevator and mechanical penthouses, air conditioning equipment, water tanks, satellite dishes, radio and television antennas, and similar projections, except as set forth in 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. A business, profession, occupation, or trade which is conducted within a dwelling or its accessory structure for the economic gain or support of a resident of the dwelling, and which is incidental and subordinate to the residential use of the dwelling. Customary 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 shallis be clearly accessory to the use of the dwelling unit for living purposes and does not. The home occupation shall 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-23 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. House of worship. See place of worship. 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. 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 precipitation 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. Comment [PC15]: Legal review complete 1/30/2015 Comment [PC16]: Minor edit 1/30/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-24 Industry. Those fields of economic activity including forestry, fishing, hunting, trapping, 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 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 Comment [PC17]: Added 2/5/2015 per Commission discussion 11/18/14 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-25 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. LEED. Rating system through the US Green Building Council. 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 specifically designed to mask and enliven the edge of a parking lot, parking garage or large retail facility (big box) along a public frontage, which has a depth of at least 16 feet and meets all applicable Building Envelope Standards. Loading space. A space or berth available for the loading and/or unloading of goods from commercial vehicles. 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 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-26 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 street 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 lot 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. Figure 2-1, Lots and Yards DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-27 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-28 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. Lot frontage. The continuous length of the front a lot lot line measured along the public street right-of-way line, or the length within a lot of a continuous line parallel with the street front lot line, and measured along the minimum required front setbackyards; or, for Transect Zones, the Build-to-zone. Lot frontage buildout. The proportion of a lot frontage containing the façades of principal buildings. 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. In the case of a through lot, the lot shall be deemed to have two front yards which shall each meet the required front yard setback and all other requirements of this ordinance to front yards, and shall be deemed to have two side yards and no rear yard. A corner lot shall be deemed to have two front yards and two side yards and no rear yard. 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 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 line, street. A lot line separating a lot from a street. Lot owner. A lot owner is the record owner of fee title to a lot. Comment [CL18]: 11/21/14 Edited for consistency of terms and throughout zones. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-29 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 or rear setback / build- to zone line, 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 zoneline 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 recreational or entertainment activities. Associations or Comment [PC19]: 12/8/14 minor clarifications for corner lots and for consistency of terms DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-30 organizations shall not include establishments operated for pecuniary gain, such as tennis or health clubs. Mid-block. The segment of a block at least 1/3 of the block length of the block distance from either corners. 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-31 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. 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. Non-residential use. Any use not defined as a dwelling, dwelling unit, housing, or housing unit. For the purposes of calculating residential density and impact fees only, congregate housing and senior housing uses shall be considered “non-residential uses.” 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-32 Nursery school. See day care facility. Nursing home or convalescent home. See skilled nursing facility. Office. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. 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 building. 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. 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. Usable open space must be of a quality and size that supports its intended function or use. Usable open space specifically excludes streets, parking areas, driveways and other areas accessible to motor vehicles. Restricted and regulated where stipulated in these Regulations. Any area which is not divided into private or public building lots, streets, rights-of-way, easements, or parking for purposes other than open space conservation. Such area shall be essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. 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 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-33 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 vehicles in the same place 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 or as a refuge for wildlife. 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. Party driveway. A commonly shared or used vehicular way that connects or serves two (2) or more parcels. 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. Comment [PC20]: Minor adjustment to refer to pavement width rather than right-of-way 2-5-2015 Comment [PC21]: Replaced right-of-way with street 2-5-2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-34 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 financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community. Personal instruction schoolfacility. 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, Comment [PC22]: Legal Review complete 1/20/2015 Comment [PC23]: Additional clarifications of Person added 1/20/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-35 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. 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. Comment [PC24]: Added 2/5/2015 per Commission discussion 11/18/14 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-36 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. Pre-construction grade. See grade, pre-construction. Primary Agricultural Soils. Soils classified by the Natural Resources Conservation Service as prime or statewide important soils for agriculture production. Primary Street. See Section 18.04. Private club. See membership association or organization. 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. Principal building. A building in which is conducted or is intended to be conducted the main use of the lot on which it is located. Principal public façade. The main building façade facing a public street, or another façade that functions as a principal façade, with an actively used public entrance. Principal use. The primary or predominant use of a lot. 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 Comment [PC25]: Term “Primary Frontage” was newly proposed in FBC; removed for redundancy 11/18/2014 Comment [CL26]: Added for definition, as used in non-conformity requirements 11/18/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-37 preserving the channel and providing for the flow of water so as to safeguard the public against flood damage, sedimentation, and erosion. Public notice. The form of public hearing notice prescribed by subchapter 7, section 4447 of Title 24 VSA Chapter 117. Public, operable entrances. Entrances to a building that are usable and open to the public during business hours. Any such door must, at a minimum, be useable and open to the public for entry. Public park. Public land that has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, athletic field, basketball or tennis court, pedestrian or bicycle trail, or similar public land within the City that is under the control, operation or management of the City, County, State, or other subdivision thereof. 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. Qualifiable Open Space. 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. 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 facility designed and equipped for the conduct of sports, leisure activities, and other recreational activities wholly within an enclosed building. 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. Comment [PC27]: New term to accompany Open Space for non-conforming properties. 12/8/2014 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-38 Recreation facility, outdoor. A commercial establishment designed and equipped for the organized or unorganized conduct of sports, leisure activities, and other recreational 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 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). Redemption center. An establishment or location that devotes more than twenty-five percent (25%) of the gross square footage or more than one thousand (1,000) square feet, whichever is less, to bottle/can redemption activities (i.e., sorting, storage of bottles/cans, etc). 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. Refurbishment/improvement. Any change to a structure that is not new construction, removal or repair. Religious use or institution. See Place of Worship A structure or place of religious worship in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, including accessory uses on the same lot such as a school, day care, or dwelling. Examples of religious uses or institutions are a church, temple, synagogue, or mosque. Removal. The relocation of a structure from one site to another site. Repair. Any change that is not construction, removal, or alteration. Replacement. See redevelopment. Comment [PC28]: Legal Review complete 1/28/2015 for purposes of stormwater Comment [PC29]: Added 1/28/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-39 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. Residential street. A street, between two intersecting streets, upon which a residential district as defined above abuts, or where fifty percent (50%) or more of the abutting street frontage is in predominantly residential use. 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. Retaining wall. A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion. 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. An establishment whose 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 Comment [PC30]: Legal review complete 1/26/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-40 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. An establishment whose 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. Resubdivision. Further subdivision of a previously approved subdivision, including any change of an approved or recorded subdivision plat if such change affects any street layout on such plat or area reserved thereon for public use, or any lot line or if it affects any plan or map legally controlling subdivision. Retail sales. An establishment engaged in selling goods 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 retail food establishment as an accessory use located entirely within the principal structure and with no dedicated exterior entrance of its own. Retail food establishment. An establishment, including supermarkets, which by design of physical facilities or by service and packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food on site is limited to sixteen (16) or fewer indoor seats. Additional seasonal outdoor seating may be permitted in conjunction with a retail food establishment. Retail outlet. A retail establishment selling a single manufacturer’s product(s). Retail warehouse outlet. A retail operation from a warehouse as an accessory use to the principal warehouse use. Retail services. An establishment providing services or entertainment, as opposed to products, to the general public for personal or household use. This may include eating and drinking places, hotels and motels, finance, real estate and insurance, personal service, movie and live theaters, amusement and recreation services, services for health, educational, and social activities, DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-41 museums, and galleries. Services may involve some products, for example restaurants. Services may involve some processing, such as cleaners, cobblers, and beauty salons. Services to businesses or industries are not usually included under retail services, but under Business Services (see above definition). Right-of-way. (A) A strip of land acquired by reservation, dedication, prescription or condemnation, and intended to be occupied or occupied by a road, path, crosswalk, 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. Roof Inhabitation. Use of rooftop areas for human activities such as seating areas, terraces, yards, etc. but not to be construed to include a dwelling unit. Runoff. See stormwater. 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 schoolsfacilities. 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 establishment that is open for business for a maximum of six (6) months of the yeafor only a portion of each yearr. 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 expiry of a permit under these regulations. Restrooms are not customarily provided in conjunction with a seasonal mobile food unit. Secondary Street. See Section 18.02. 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. Senior housing. One of the following residence types, either individually or in combination: 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 Comment [PC31]: Term “Secondary Frontage” was newly proposed in FBC; removed for redundancy 11/18/2014 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-42 reminders. Meals are provided in a central location on site. Dwelling units may or may not have conventional kitchens. Congregate care facility. A multi-family, residential group facility with individual, independent dwelling units and hospitality services. These services comprise meals in a congregate dining area, recreation and social activities, or transportation services. (See also Congregate Housing) 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. Service station. A business enterprise or building, land area, or other premises, or portion thereof, engaged in the retail dispensing or sale of gasoline and other vehicular fuels, and which may include the sale of oil, tires, accessories, repair, and services for motor vehicles. See also gasoline filling 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. Services. Establishments primarily engaged in providing services for individuals, business, and government establishments and other organizations. Such services include hotels and other lodging places, establishments providing personal, business, repair, and amusement services, health, legal, engineering, and other professional services, educational institutions, membership organizations, and other miscellaneous services. Setback. The distance from the nearest portion of a structure to any lot line including the street right-of-way. 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 line. That line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which the principal or accessory structure must be erected or placed. Shared Parking Plan. An agreement for sharing of parking needs or requirements among two or more proximate land owners reflecting their complementary parking needs (e.g., different peak use hours, occasional or sporadic use, etc.) as part of a development scheme to satisfy the general parking requirements and achieve greater efficiencies. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-43 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 where customer and employee parking are provided on-site, 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. 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 prvided 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.control and/or treatment of certain limited areas of new, redeveloped, or substantially reconstructed impervious area are not possible, the impact from these areas of untreated impervious surfaces will be compensated on an equivalent basis by controlling and/or Comment [PC32]: Legal Review complete 1/28/2015 Comment [PC33]: Minor adjustments for clarity 1/28/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-44 treating other impervious surfaces on the property. This can be accomplished by providing additional control and/or treatment beyond what is required for 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. 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. Solar ready. A term used to describe a building that is engineered and designed for solar installation, even if the solar installation does not happen at the time of construction. Elements of a solar ready building typically include: a) A place on the roof of the building that has unrestricted solar access, is free of obstructions such as rooftop equipment or plumbing vents, and is structurally designed to accommodate the weight, wind, and drift loads that the system might impose; b) A internal chase or other means for connecting the solar system to the building’s mechanical or electrical system; and, c) Space within the building that is readily available for the installation of controls and components, such as electric invertors and hot water storage tanks. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-45 Stormwater. The portion of precipitation and snowmelt rainfall, melted snow, or irrigation water 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. Comment [PC34]: Legal Review Complete 1/30/2015 Comment [PC35]: Minor edit 1/30/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-46 Street. A vehicular way that (A) is an existing state, county, or municipal roadway, (B) or is shown upon an approved and recorded plat approved pursuant to law, (C) or is approved by other official action. The roadway shall include the land between the street lines (also known as rights-ofway), whether improved or unimproved. Such street shall afford the principal means of access to abutting properties. The word “street” shall be equivalent to the words “road” or “roadway.” Street, arterial. A 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 taken into ownership or maintenance by the City. The dimensional standards, including width of the right of way and roadbed, and connection to City streets, are determined by the City. A private street is expected to meet these standards and shall not be confused for an access drive or the specifications thereof.An interior circulation road designed and constructed to carry vehicular traffic from a public street within or adjoining a site to parking and service areas. It is not maintained nor intended to be maintained by the public. Street, public. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the public by the recording of a subdivision plat, built to public street standards, and eligible for maintenance 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 public right-of-way set aside for public travel which is accepted or eligible for to be accepted for maintenance by the City of South Burlington, the state, or the county, 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. Comment [CL36]: Revised definition for clarity. By the current definition, the circulation in a shopping plaza would be considered a private road. Should compare definition to E-911 standards if applicable. 10/7/2014 Comment [PC37]: NOTE: Confirm whether we need to define a “Qualifying Street Type” DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-47 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, resubdivision, 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-48 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. 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. 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 a right-of-way 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-49 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. 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. 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. Comment [PC38]: Minor adjustment to reference gross floor area as the unit of measurement. 2/5/2015 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-50 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. 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 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 Comment [PC39]: Added 2/5/2015 per Commission discussion 11/18/14 Comment [PC40]: Term not used. Look at putting into PUD standards. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-51 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. 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 lot line. Each yard that abuts a front lot line shall be deemed a front yard. 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-52 acknowledges that such use, structure, or building complies with the provisions of the Regulations or authorized variance. 2.03 Definitions for Flood Hazard Purposes The following definitions shall apply to all lands within the Floodplain Overlay District. 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. Common Plan of Development. Where a structure will be refurbished over a period of time. Such work might be planned unit by unit. Critical facilities. Includes police stations, fire and rescue facilities, hospitals, and public and private schools. 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. 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. 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-53 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. 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 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. Lowest floor. The lowest floor of the lowest enclosed area, including basement, except 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”. New construction. Structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by the community and includes any subsequent improvements to such structures. 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. 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 DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-54 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 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. 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 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 a 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 specification which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (b) Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. 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. DRAFT ARTICLE 2 DEFINITIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 2-55 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-1 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 by Development Review Board 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 Form Based Codes District: (a) Any new use, change in use, or expansion of use in any district. (2) (b) Uses subject to conditional use permit approval. See Section 14.10 below. (3) (c) Any alteration or change to an approved site plan. DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-2 (4) (d) New parking lots or expansions of existing parking lots. (5) (e) Any structure formerly used as a residence proposed for conversion to non- residential use. (6) (f) Any planned unit development. See Article 15, Planned Unit Development, for specific regulations. (7) (g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington Sign Ordinance. (2) Within the Form Based Codes District: (a) Any alteration or change to an approved site plan. (b) Any new structure, addition, replacement, 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 by Development Review Board DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-3 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. 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 Development Review BoardAdministrative Officer for approval. C. [Reserved]. D. Application for Site Plan. See Appendix E, Submission Requirements. A site plan application and five (5) sets of plans, including one copy reduced to 11" by 17" and one copy in digital form, each drawn to scale, shall include the following information for the Administrative Officer to deem the application complete and ready to send to the Development Review Board for its review: (1) Legal data: (a) A list of the owners of record of abutting properties, which may be generated by the Department of Planning and Zoning or by the applicant. (b) Boundaries of existing zoning and special districts on the subject property and adjacent zoning and special district boundaries. (c) Area and boundaries of the property, building or setback lines as required in this chapter, and lines of existing streets and adjoining lots, as shown on a survey. DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-4 (d) Streams, drainage ways, and associated stream buffer areas as set forth in Article 12. (e) Reservations, easements and areas dedicated to public use, if known, shall be shown. (f) Lot dimensions and survey data, and section and lot numbers of the subject property. (2) General project description: (a) The title of the development, date, North arrow, scale, name and address of the owner of record and of the applicant, if other than the owner, and of the engineer, architect, landscape architect or surveyor preparing the plan shall be shown on a preliminary site plan map. Where the applicant or owner is a corporation, the Development Review Board may require the names and addresses of all officers, directors and principal stockholders of said corporation. The preferred scale shall be not less than one (1) inch equals thirty (30) feet. (b) Such map shall show the applicant’s entire property, adjacent properties, streets within two hundred (200) feet of the site, approximate location and dimensions of all existing structures, and location of all existing structures on adjacent properties and within one hundred (100) feet of the site boundary. At the discretion of the Administrative Officer or Development Review Board, the required area of the site plan may be increased. (c) Such map shall show proposed structures, access points, and general internal circulation. (d) Existing and proposed contours at a maximum vertical interval of two (2) feet. (3) Existing conditions: (a) Location of existing structures on the site, and showing all site conditions to remain. (b) Location of watercourses, waterbodies, wetlands, floodplains, and floodplain boundaries as determined by the Federal Emergency Management Agency or as mapped by the City of South Burlington, watercourses, wetlands, rock outcrops, wooded areas, existing vegetation, and other significant natural features on the site. (c) Topographic contours and profiles as needed. (d) Existing structures and access points on adjacent properties, including those directly across a public street. (4) Development data: (a) All means of vehicular access and egress to and from the site onto public streets, and all provisions for pedestrian access and circulation. (b) 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 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-5 required. Plans shall also show any proposed division of buildings into units of separate occupancy and location of drives and access thereto. (c) The location and layout of any off-street parking or loading areas, traffic circulation areas, pedestrian walkways, and fire lanes. (d) Analysis of traffic impacts, if required by the traffic overlay district and/or the DRB. (e) Lot area in square feet and acres, and lot coverage calculations including building, overall, and front yard coverage. (f) The location of all proposed waterlines, valves and hydrants and sewer lines or of alternative means of water supply and sewage disposal and treatment. (g) Cut sheets for all proposed outdoor lighting within the site (h) Preliminary grading, drainage, landscaping and buffering plan in accordance with Article 13, Supplemental Regulations. (i) 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. (j) 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. (k) Detailed specifications and locations of planting, landscaping, screening, and/or buffering materials. (l) The location of all existing and proposed site improvements, including drains, culverts, retaining walls and fences. (m) 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. (n) Location and design of all energy distribution facilities, including electrical, gas, and solar energy. (o) Lines and dimensions of all property that is offered, or to be offered, for dedication for public use, with purpose indicated thereon, and of all property that is proposed to be served by deed covenant for the common use of the property owners of the development. (p) Estimated project construction schedule, phasing, and date of completion. (q) Estimated cost of all site improvements. (r) Estimated daily and peak hour traffic generation, and an estimate of traffic generation during the peak hour of the adjacent street traffic. (s) Finished grades of walls, pavements, and storm drains. (t) Detailed plans of retaining walls, steps, ramps, paving, and drainage structures. DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-6 (u) 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. (v) Location and dimensions of all proposed water supply, sanitary sewerage, stormwater system, and other utility lines and equipment, including connections to existing facilities. (w) Detailed landscaping plan, including type, size, and location of all materials used and plans for buffer screening and fencing in conformance with Article 13, Section 13.06, Landscaping, Screening, and Street Trees. (x) Locations, types, and cut sheets for all exterior lighting. (5) Other: Any other information or data that the Administrative Officer or Development Review Board shall require for a full assessment of the project pursuant to this article. F. Development Review Board / Administrative Officer Action. (1) Outside of the City Center Form Based Codes District: (1a) 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 Form Based Codes District / Transect Zones: (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 City staff; (ii) Submission of all required information (see Appendix E); (iii) Demonstration of proof of delivery of notification of adjoining landowners to the application in accordance with Section 17.06 of these Regulations, including at a minimum the following information: (I) A project description and contact information provided by the Administrative Officer; Comment [PC1]: 10/29 added requirements to notice per PC meeting 10/28. DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-7 (II) A site plan for the property on a size no less than 11” x 17”, and; (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 of having held an applicant-sponsored information meeting, and summary notes from meeting. 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; (iivi) The expiration of fifteen (15) days following receipt of the demonstrated proof of delivery of notification of adjoining landowners as described in this section,; and; (iv) 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 changes do not alter the overall description of the project, or that the changes reduce the scale of the project, no new notification and no new applicant-sponsored information and input meeting shall be required. The application shall, however, be considered newly- complete for the purposes of the Administrative Officer’s timeline for action pursuant to 24 VSA §4448. (ii) Where the Administrative Officer determines that the changes do alter the overall description of the project, all requirements of this section shall be met anew. (d) The Administrative Officer shall review the application against the site plan criteria in this Article 14, site plan and building envelope standard criteria 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 a Transect Zone. Comment [PC2]: 10/29 Added requirement for community meeting per PC meeting 10/28 Comment [PC3]: 10/29. Clarification for revised applications. Staff recommendation DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-8 (f) If the Administrative Officer determines that the site plan and supporting material fail to demonstrate compliance with applicable standards, it she/he shall deny the site plan. However, if it she/he further determines that with a minor modification or modifications the site plan and supporting material would comply with applicable standards, the Administrative Officer may, in its 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 Statutes. (23) Upon approval, the applicant shall provide three (3) full-sized copies, and 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, Tthe 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. Development Review Board approval of a site plan shall expire if any of the following circumstances occurs: (1) A complete application for either a zoning permit or certificate of occupancy is not submitted within six (6) months of the Development Review Board approval, except where the phasing of development over a longer period has been specifically provided for in the findings of fact at the time of site plan approval. (2) Work authorized under a zoning permit is not commenced and diligently pursued through the completion of substantial construction within six (6) months of receiving a zoning permit. (3) Upon prior written request to the Development Review Board, including a statement of justification for the requested time extension, the time period for obtaining a zoning permit may be individually extended for a maximum period of six (6) calendar months from the otherwise specified termination dates.(4) The Development Review Board may extend the extension period provided in (3) above for not more than two (2) six (6) month periods. I. Field Changes and As-Built Plans (1) Field Changes DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-9 (a) During construction, the Administrative Officer may authorize or require, at his/her own determination or upon the request of the applicant, minor adjustments to the approved site plan when such adjustments are necessary in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan. (b) Where unforeseen conditions are encountered which require any material change to an approved site development plan or where the developer wishes to modify the approved plan for other reasons, a site plan application shall be filed with the Development Review Board or Administrative Officer for review in accordance with procedures required for the amendment of 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. Such plan shall be based on a field survey. (b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance with the approved final site plan. The Administrative Officer shall specify its compliance with or variation from the approved final site plan by signature and shall file one (1) copy with the Department of Planning and Zoning. (c) If variations from the approved final site plan exist, an amended site plan shall be filed with the Development Review Board for review in accordance with the same procedures required for initial applications. (3) The provisions of this Section 14.05(H) shall apply to all types of approvals granted by the DRB and/or Administrative Officer, including but not limited to subdivisions, PUDs, site plans, miscellaneous approvals, and conditional use permits. J. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board. The Development Review Board may require a site plan review 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. 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 Codes District, Tthe following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-10 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: a. 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. b. 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 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-11 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. c. 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. d. 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. (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. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. 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), DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-12 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. 14.07 Specific Review Standards In all zoning districts, form based code districts, and transect zones, 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. 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 Codes District, Wwhere 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, with the exception of side yard setbacks in the Central District 1, 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 Comment [PC4]: Legal review complete 1/28/2015 Comment [PC5]: Minor adjustments made 1/28/2015 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-13 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. 14.08 Integration of Procedures A. General. Except within the City Center Form Based Codes District, Tthere 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 Codes 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. DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-14 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 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 Codes 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 natural 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 C. Reporting of Decisions. All administrative approvals, except those within the City Center Form Based Codes District, shall be reported by the Administrative Officer to the Development Review Board at least annually, its next meeting following the date of the approval, and all such decisions of the Administrative Officer shall state that the decision may be appealed in accordance with State law. 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 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-15 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 is subject to site plan review and shall be reviewed under the requirements of Article 14, Site Plan and Conditional Use Review or is subject to planned unit development review and shall be 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 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-16 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] B. Group homes. Group homes as described in Section 13.12(B) shall be subject to the following supplemental standards: (1) The minimum lot size required for the establishment of a group home shall be the same as that required for other dwellings in the district in which it is located, except that the minimum lot size requirement shall be increased by ten percent (10%) for each non-supervisory resident in excess of five (5). (2) In addition to all other normally required items of information, the following additional documentation shall also be submitted with the conditional use or site plan application, as applicable: (a) A copy of the operating certificate issued by the appropriate state department or agency. (b) Copies of all correspondence between the applicant and the State of Vermont with respect to the proposed facility. (c) A complete statement of the proposed type, number, age and permanency of residence of the persons to be cared for, and the number and qualifications of both resident and nonresident adult supervisory personnel. (d) A complete statement of the applicant's plans for the social and economic integration of the projected residents into the community, including their educational, employment and recreational needs, transportation and service requirements and any other such information as may be relevant and determined necessary by the Development Review Board. (e) A vicinity map indicating the location of the proposed facility in relation to other existing group care facilities or other similar types of care facilities within a radius of two (2) miles of the subject site. D. 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. (4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100) feet on an arterial road. Comment [PC6]: Legal Review Complete 1/30/2015 DRAFT ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 14-17 (5) Maximum floor area. Such store shall have a gross floor area of no more than ten percent (10%) of the lot area. (6) Maximum height. Such store shall be no more than one (1) story high. (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. Parking spaces shall be provided proximate to the store, at the rate of one (1) space per one hundred fifty (150) square feet of consumer convenience center floor area. 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. J. 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. K. 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] DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-1 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 Overlay District (SMO) 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, with the exception of lands within the Queen City Park zoning district which shall be subject to the provisions of (D) below. (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) All land 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. (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 DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-2 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. (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. more than one (1) time per calendar year after establishment. (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 DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-3 (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 ten (1025) 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. (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. (2) Expansion and construction of pre-existing structures. Within the areas defined in Section (D)(1) above, the expansion and reconstruction of pre-existing structures may be DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-4 approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: (a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. For purposes of these Regulations, expansion may include the construction of detached accessory structures including garages and utility sheds. (b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. (c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent (50%) larger than the footprint of the structure lawfully existing on April 24, 2000. For purposes of these regulations, reconstruction may include razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section. (d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. (e) 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. (3) Erosion control measures and water-oriented development along Lake Champlain. Within the area along Lake Champlain defined in Section (D)(1)(a) above, the installation of erosion control measures and water-oriented development 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, stormwater and landscaping measures that will ensure DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-5 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 DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-6 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 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; DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-7 (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 Overlay District (SMO) 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; (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). Comment [PC1]: Legal Review completed 2/3/2015; edits completed 2/3/2015 including minor edits for consistency. DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-8 (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, 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”. Comment [PC2]: Removed words “reused or” to eliminate confusion on the standard 2/3/2015 Comment [PC3]: Added statutory reference 2/3/2015 Comment [PC4]: Added for clarity 2/3/2015 Comment [PC5]: Re-organized text by moving this section from (a) above to here for readability. 2/3/2015 DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-9 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 road 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 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 DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-10 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. B. Scope and Applicability (1) These regulations shall apply to all land development within the Stormwater Management Overlay District (SMO) as shown on the Overlay Districts Map that: (a) Disturbs an area of more than one-half acre of land as part of the proposed application and/or (b) Results in a total impervious area of greater than one-half acre on an applicant’s parcel. (2) Exemptions: (a) Any application that will increase the total impervious area on an applicant’s parcel by less than five thousand (5,000) square feet. C. Site Design Requirements (1) 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 current conditions. Low Impact Development (LID) practices, including but not limited to practices detailed in the “South Burlington Low Impact Development Guidance Manual”, shall be incorporated into the site design as necessary to achieve the required runoff rate, and may be supplemented with structural measures, subject to the approval of the Stormwater Superintendent, to the extent necessary to achieve the required post-construction runoff rate. D. Stormwater Management Plan (1) Applicants shall submit a Stormwater Management Plan (SMP) for review by the Stormwater Superintendent that includes, at a minimum, the following information: (a) Existing conditions and proposed condition site plans including: (i) Site location (ii) Location, type and size of all proposed impervious areas (e.g. roofs, pavement, gravel drive, etc…) (iii) Location, type, size and specifications for all proposed LID installations (iv) Drainage ways, natural waterbodies, and sub-watershed boundaries, with sufficient information to determine the site’s relationship to these features on surrounding properties DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-11 (v) Existing and proposed stormwater collection systems, culverts, detention basins and other stormwater treatment practices (vi) Topography (vii) Soil types and/or hydrologic soil group (viii) Existing and proposed landscaping, including existing tree canopy and other vegetation and any proposed alterations thereto (ix) Delineated wetlands (b) A brief description of the proposed LID techniques. Where LID design approaches are not proposed in the stormwater management plan (see Section C(1)), the applicant shall provide a full justification and demonstrate why the use of LID approaches is not practical before proposing to use conventional structural stormwater management measures. (c) Prior to issuance of a zoning permit, a detailed maintenance plan for all proposed stormwater treatment practices, including the selected LID elements, as applicable, shall be submitted to the Stormwater Superintendent. (d) Design details for culverts including: (i) Lengths (ii) Diameters (iii) Materials (iv) Slopes, and (v) Elevation (e) Design details for detention basins and other stormwater treatment practices including: (i) Elevation of bottoms, spillways, inlets, and outlets (ii) Elevation volume curves, and (iii) Elevation storage discharge curves. (f) Modeling results that show the existing and post-development hydrographs for the one-year, twenty-fourhour (2.1 inch) rain event. Any TR-55 based model shall be suitable forthis purpose, subject to the discretion of the Stormwater Superintendent. E. Drainage Structures (1) Removal of Runoff – The applicant shall remove any surface runoff that exists as a result of the proposed land development. Drainage facilities shall be located in road 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 DRAFT ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 12-12 upstream drainage area, whether all or part of the upstream area is involved land for purposes of the application. In determining the anticipated amount of upstream runoff for which drainage facilities must be sized, the applicant will design the 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 project, 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 and result in damage to private or public property, the DRB shall impose conditions requiring the applicant to incorporate measures to prevent these conditions, whether such improvements are located on or off the applicant’s property. F. Record Drawings (1) Upon completion of the construction project, “Record Drawings” shall be supplied to the Stormwater Superintendent in a format specified by the Department of Planning & Zoning. All record copies shall include details for all stormwater infrastructure, invert & rim elevations, pipe material, and final grading of the site. 12.04 Stormwater Management Overlay District (SMO) [Reserved] DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-1 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 3.01 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-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 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-2 C2 Commercial 2 District CD Central District (designated CD1, CD2, CD3 or CD4) SW Swift Street District 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: FP Floodplain Overlay District IHO Interstate Highway Overlay District TO Traffic Overlay District SVP Scenic View Protection Overlay District BBW Bartlett Brook Watershed Protection Overlay District PBW Potash Brook Watershed Protection Overlay District (reserved) CCDR City Center Design Review District (6) City Center Form Based Codes District T-1 Transect Zone 1 T-3 CC Transect Zone 3-City Center T-3+CC Transect Zone 3 Plus- City Center T-4UMU Transect Zone 4 Urban Multi-Use T-5CC Transect Zone 5 City Center (6) Floating District (reserved) 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 Formatted: French (Canada) Formatted: French (Canada) Formatted: French (Canada)DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-3 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. (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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-4 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. The Southeast Quadrant Official Zoning Map dated April 3, 2006 is filed in the office of the City Clerk and is incorporated herein by reference. 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-5 (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. 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-6 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 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-DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-7 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. 3.06 Setbacks and Buffers DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-8 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 right-of-way or greater if so provided elsewhere in this Section 3.06. Table 3-1 Existing and Planned Rights-of-Way Street Existing ROW (feet) Planned 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 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 90 (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 lot 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 right-of- way. Comment [PC1]: 11/17/2014 Added title for easier reference. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-9 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 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-10 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. 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-11 (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. 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 fifty 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. 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-12 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-R12, C1-R15 C1-Auto, 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 yard setbacks shall be increased by one half (1/2) foot. (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. (3) CD-1, CD-2, CD-3, CD-4 Districts (a) General standards for height. (i) In all Central District sub-zones, architectural towers, cupolas, turrets, spires, etc. are encouraged and allowed to rise up to an additional twenty-five (25) feet above the maximum allowed height so long as their area does not constitute more than fifteen percent (15%) of the allowable building footprint of a given block. (ii) Towers, spires or steeples on places of worship are allowed to rise up to one hundred (100) feet. (iii) The maximum roof pitch is 12:12 except for church towers, spires or steeples. (iv) Any rooftop apparatus, such as air conditioning equipment, satellite dishes, etc., shall be included in the height measurement (b) Height in Central District 1. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-13 (i) Except as provided in this Section, no point of any "green roof" structure shall exceed forty-five (45) feet in height, and no point of any other structure shall exceed thirty-five (35) feet in height. (ii) A height of up to eighty-five (85) feet for a pitched or other roof structure, and up to one hundred fifteen (115) feet for a "green roof" structure, may be permitted by the Development Review Board for structures subject to the provisions of an approved master plan in which the DRB has approved public space (parks, courtyards, etc.) or other public amenities. (c) Height in Central District 2 (i) Except as provided in this Section, no point of any pitched roof structure shall exceed forty-five (45) feet in height, and no point of any other structure (e.g., flat roofed structure) shall exceed thirty-five (35) feet in height (ii) A height of up to fifty-five (55) feet for a pitched roof structure, and up to forty- five (45) feet for any other structure, may be permitted by the Development Review Board as a bonus for the provision of additional public space (parks, courtyards, etc.), or other public amenities. (d) Height in Central District 3 and 4: (i) Except as provided in this Section, no point of any pitched roof structure shall exceed forty-five (45) feet in height, and no point of any other structure (e.g., flat roofed structure) shall exceed thirty-five (35) feet in height. (ii) A height of up to fifty-five (55) feet for a pitched roof structure, and up to forty- five (45) feet for any other structure, may be permitted by the Development Review Board as a bonus for the provision of additional public space (parks, courtyards, etc.), or other public amenities. 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 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-14 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-15 Figure 3-1a Height of Structures Illustrations by Adam Davis, architect DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-16 Figure 3-1b Height of Structures Illustrations by Adam Davis, architect DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-17 Figure 3-1c Height of Structures Illustrations by Adam Davis, architect DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-18 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-19 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: (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 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, parking spaces, 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, required parking spaces, 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 in 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. Comment [PC2]: Clarifies long-standing process to have this arrangement allowance under PUD review. 12/8/2014 Comment [PC3]: New possible standard for discussion to allow more than one building on a lot within the FBC district, so long as the standards are met. 12/8/2014. Helps with phased development, leasing arrangement for large parcels. This provision does, however, require that there be clear standards for WHERE buildings may be placed on a lot. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-20 1.3. 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 (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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-21 (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 line of structures fronting on the side street. (5) 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). (6) Accessory structures shall comply with front yard requirements for the principal structure to which they are accessory. (7) Any structure connected to another structure by an open breezeway shall be deemed to be a separate structure. (8) 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. (9) 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 Administrative Officer are consistent with the purpose of providing such access and do not constitute a de facto expansion of decks, porches, etc. (10) No accessory structure shall be constructed with a cellar or below-grade story. (11) 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 yard 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-22 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. 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 establishments, which shall not exceed 5,000 SF GFA. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-23 (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. (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. Comment [PC4]: Added for clarity 12/8/2014 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-24 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. (4) In the CD1, CD2, CD3, and CD4 zones, the aggregate cost of such alteration shall not exceed thirty-five percent (35%) of the current assessed value of the structure being altered. Notwithstanding the foregoing, within the CD1, CD2, CD3 and CD4 zones, nonconforming structure shall not be altered by increasing the height or increasing the footprint, or otherwise increasing the square footage of the building or structure. The Development Review Board may approve an alteration that results in an aggregate cost that exceeds thirty-five percent (35%) of the current assessed value of the structure being altered and/or which involves an increase in the height or the footprint, or otherwise an increase in the square footage of the building or structure, provided all of the following criteria are met: (a) an application for alteration involves an increase in the amount of building square footage located within a designated building envelope, (b) the alteration does not exceed in aggregate cost one hundred percent (100%) of the current assessed value of the structure being altered. Alternatively, if the alteration involves reducing the degree of nonconformity by removing building square footage that is considered nonconforming (i.e., does not meet setback requirements), the alteration shall not exceed one hundred twenty-five percent (125%) of the current assessed value of the structure being altered, and (c) the application for alteration involves other improvements, such as site improvements, which the Development Review Board finds to be in conformance with the goals of the Comprehensive Plan for the South Burlington City Center. 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 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-25 percent (35%) limitations described above. However, City Center Design Review Overlay District regulations shall apply. See Article 11, Section 11.01. 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. (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: DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-26 (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. 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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-27 (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. DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-28 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 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-29 hazardous conditions shall require an application for conditional use review under the requirements of Article 14, Conditional Use Review and this section. 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 Comment [PC5]: Legal Review Complete 1/28/2015 DRAFT ARTICLE 3 GENERAL PROVISIONS South Burlington Land Development Regulations Effective September 24, 2013 DRAFT 2/6/2015 3-30 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 (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 . Comment [PC6]: Replaced “make housing available to an individual with a disability” with “afford an individual with a disability equal opportunity to use and enjoy housing of his or her choice” 1/28/2015 DRAFT