HomeMy WebLinkAboutAgenda - City Council - 11/04/2024CITY COUNCIL MEETING AGENDA
NOVEMBER 4, 2024
Participation Options
In Person: 180 Market Street, Main Floor, Auditorium
Assistive Listening Service Devices available upon request
Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting11-04-2024
You can also dial in using your phone: 1 (646) 749-3122 Access Code: 183-777-637
Regular Session 6:30 p.m.
1.Pledge of Allegiance (6:30 p.m.)
2.Instructions on exiting building in case of emergency and review of technology options – Jessie
Baker, City Manager (6:31–6:32 p.m.)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.)
4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.)
5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report
(6:45–6:55 p.m.)
6.Consent Agenda: (6:55–7:00 p.m.)
A.*** Consider and Sign Disbursements
B.*** Approve minutes from June 17, 2024 and June 19, 2024
C.*** Approve the issuance and execution by the City Manager of a relocation/adjustment
order to Vermont Gas Systems, INC., for the South Burlington Bicycle and Pedestrian
Bridge over I-89 in accordance with 19 V.S.A. § 10(14), 19 V.S.A. § 1111, and 30 V.S.A. §
2504 and in substantially the same form as the attached draft order
7.*** Public Hearing - Warned for 7:00 p.m.: Public Hearing: Land Development Regulation
Amendments #LDR-24-01 to LDR-24-10 as recommended by the Planning Commission and
related to the requirements of Acts 47 and 18 and City goals on housing, climate change, and
transportation – Paul Conner, Planning & Zoning Director (7:00-7:20 p.m.)
8.*** Possible Action: Possible action to adopt Land Development Regulation Amendments
#LDR-24-01 to LDR-24-10 as recommended by the Planning Commission and related to the
requirements of Acts 47 and 18 and City goals on housing, climate change, and transportation or
set a third Public Hearing – Paul Conner, Planning & Zoning Director (7:20-7:40 p.m.)
9.*** Discussion and Possible Action: Receive a report from the Charter Committee on All
Resident Voting in local elections and provide direction to staff and the Committee – Anne
LaLonde, Chair of the Charter Committee (7:40-8:10 p.m.)
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
10. *** Discussion and Possible Action: Consider and possibly approve an update to the
Memorandum of Understanding between the City and Library Board of Trustees – Jessie Baker,
City Manager, and Stacey Pape, Chair of the Library Board of Trustees (8:10-8:30 p.m.)
11. *** Discussion and Possible Action: Receive and consider approving the Public Art FY25
Workplan – Amanda Holland, Public Art Committee Chair (8:30-8:45 p.m.)
12. *** Discussion: Receive the Planning Commission's FY25 Workplan. No action is needed. –
Paul Conner, Planning & Zoning Director (8:45-9:00 p.m.)
13. *** Discussion and Possible Action: Approve a Coffee with a Councilor schedule through
Town Meeting Day 2025 – Jessie Baker, City Manager (9:00-9:15 p.m.)
14. *** Discussion: Receive information on proposing State legislation on data sharing between the
State and municipalities around local option tax receipts – Jessie Baker, City Manager (9:15-9:30
p.m.)
15. Discussion and Possible Action: Review the significant agenda topics below for the Council’s
regular meeting on November 18, 2024 (9:30–9:40 p.m.)
a. Town Meeting TV FY24 Report and request for FY26 support
b. Receive and consider approving FY25 Workplans from the following Committees
i. Bicycle and Pedestrian
ii. Economic Development
iii. Energy
iv. Natural Resources and Conservation
v. Recreation and Parks
c. Common Roots request for $156,000 to fund greenhouses at South Village
d. Champlain Housing Trust request to reallocate ARPA funding previously approved for
weatherization at Dorset Commons
e. Update on the Long View project at1720 and 1730 Spear Street
16. *** Discussion and Possible Action: Convene as Liquor Control Commission to consider the
following applications for approval: Stewart’s Shops Corp., Tobacco License
17. Other Business (9:40-9:50 p.m.)
18. Consider entering into executive session for the purposes of discussing confidential attorney-
client communications related to probable civil litigation to which the public body may be a
party 1 V.S.A. 313(1)(E) and (F)
19. Adjourn
Respectfully submitted:
Jessie Baker
City Manager
***Attachments included Please NOTE: All times are estimates.
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 10/22/2024 Through 11/05/2024
70 - South Burlington Water Department
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
11/5/2024 4844 E.J. Prescott Hydrant Replacement - Quail Dr 588.07 6403292
11/5/2024 E.J. Prescott Hydrant Replacement - Landfill Road 3,931.09 6405210
11/5/2024 E.J. Prescott Curb Stop Replacement - 25 Ethan Allen
Dr
124.45 6407170
11/5/2024 E.J. Prescott Hydrant Exts for Replacment - Landfill
Road
1,356.64 6408855
11/5/2024 4845 Ti-Sales, Inc.(4) Nep 1 T-10 Meters 1,968.00 176698
Total 70 - South Burlington Water
Department
7,968.25
Report Total 7,968.25
SOUTH BURLINGTON CITY COUNCIL
Page: 1
PAGE 1
MINUTES
CITY COUNCIL
17 JUNE 2024
The South Burlington City Council held a regular meeting on Monday, 17 June 2024,
at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote
participation.
MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L. Smith
ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; J.
Pellerin, Deputy City Attorney; P. Conner, Director of Planning & Zoning; T. DiPietro,
Public Works Director; D. Wheeler, Water Resources Engineer; M. Rorabaugh,
Stormwater Superintendent; M. Machar, Finance Officer; E. Quallen, Public Works; B.
Boozan, L. Getz, D. Peters, R. Fischer, R. Doyle, F. MacDonald, S. Kershner, B. Milizia,
M. Simoneau, N. Senecal, R. Greco, E. Buzby, B. Sirvis, A. Chalnick, A. Strong, R.
Jeffers, M. Mittag, J. Nizely, A. Allen
1. Pledge of Allegiance
2. Instructions on exiting building in case of emergency and review of
technology option:
Ms. Baker provided instructions on emergency exit from the building and reviewed
technology options.
3. Additions, deletions or changes in the order of Agenda items:
No changes were made to the Agenda.
4. Comments and questions from the public not related to the agenda:
Ms. Getz indicated support for waiting for the Parks/Recreation Master Plan before
making a decision regarding Hubbard Park.
CITY COUNCIL 17 June 2024 PAGE 2
5. Announcements, councilors reports from committee assignments and City
Manager’s Report:
Council members reported on meetings and events they had attended in recent
weeks.
Ms. Baker: The City is reviewing the 250 bill which passed in the Legislature over the
Governor’s veto.
Property tax bills will go out on time.
Regarding paving, the money for Dorset Street paving that is in this
year’s budget will be rolled over to the FY25 budget.
The Council will set the tax rate at its 1 July 2024 meeting.
Ms. Baker will be remote at the 15 July City Council meeting.
Ms. Baker, Ms. Blanchard and Ms. Machar met with the Vermont
Economic Progress Council last week as part of their Spring Monitoring Visit of the
City’s TIF District. Very positive things were shared about South Burlington’s TIF.
The City and the Library Trustees are reviewing the Memorandum of
Understanding between the groups and will bring a proposal to the Council and
Trustees.
South Burlington Night Out at Veteran’s Park starts on Thursday. There
will also be daily fitness activities in parks across the City during July.
Juneteenth events will be held on Tuesday at the Library and
Wednesday at Veterans’ Park.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from the 6 May 2024 City Council meeting
c. Receive the May Financial Statements
d. Approve the FY25 Rental Registry Budget
e. Approve Resolution 2024-15 expanding the Sexton’s Committee
f. Approve Appointments to the Planning Commission, Charter
Committee, Development Review Board, Library Board of Trustees,
Sextons Committee, and Pension Advisory Committee as presented
The presented list was as follows:
CITY COUNCIL 17 June 2024 PAGE 3
Planning Commission: Jessica Louisos – 4 year term
Colin Laurence – 3 year term
City Charter: Peter Taylor – 3 Year term
Development Review Board: Frank Kochman – 4 year term
Jody Lesko – 3 year term
Library Board of Trustees – Whitney Kirzinger – 3 year term
Theodore Lenski – 3 year term
Donna Swartwout – 3 year term
Rebecca Stazi – 3 year term
Sextons Committee: Peter Taylor – 3 year term
Donna Kinville – 3 year term
Jennifer McClory – 3 year term
Chuck Rainville – 3 year term
Pension Advisory Committee: Spencer Baker – 1 year term
g. Authorize the City Manager to execute a contract with Krebs & Lansing
for design and construction services related to improvements at
Veteran’s Memorial Park
Following some clarifying questions and answers regarding disbursement items, Mr.
Chalnick moved to approve the Consent Agenda as presented. Mr. Smith seconded.
Motion passed unanimously.
6. First Reading of an Update to the Sewer and Stormwater Ordinance and
possibly set a Public Hearing for 5 August 2024 at 7:00 p.m.:
Mr. Wheeler said the Ordinance establishes the regulations for the management,
operation and maintenance of the sewer system and provides guidelines for sewer
connections, usage, fees and enforcement.
The major changes to the Ordinance include:
a. Establishment of a sewer service area
b. Updates to billing
c. Updates and allocation requirements
d. Additions to DPW standards
e. Separation of stormwater and sewer into separate sections
CITY COUNCIL 17 June 2024 PAGE 4
Mr. Wheeler then showed a map of the sewer service area and noted it is similar to
the water service area with the addition of several added areas that cannot be served
by water. It also establishes a clear interpretation of Act 47. Mr. Wheeler also
explained the metering for wastewater only customers.
Mr. Smith asked whether the Fire District in Queen City Park could use the meter for
water use. Mr. DiPietro said they can discuss how the readings get shared.
Mr. Smith asked about the timeline. Mr. DiPietro said this is not in the Ordinance, and
the intention is to discuss it at this meeting.
Mr. Smith asked the cost of a meter. Mr. DiPietro said just under $1000.00. Mr. Smith
noted that metering encourages conservation. Mr. Wheeler noted there should be a
payback paid for Queen City Park.
Mr. Wheeler said the Ordinance includes a base rate option, but this has no stated
rate. It could happen in the future.
Mr. Wheeler then reviewed amendments to allocation requirements including the
following:
a. Streamlined how allocation fees are paid (to reduce paperwork)
b. Clarified allocation vs. connection fees
c. Specified what happens if a property is vacant for 3 years
d. Clarified that an allocation runs with the land, not with the property
owner
Miscellaneous updates include:
a. Added references to DPW standards
b. Updated job titles, outdated language, etc.
c. Made civil penalties and waiver fees consistent with other
Ordinances
Mr. Wheeler then explained the ongoing Industrial User Survey which will result in
additional sections to Ordinance, including what the city must do to limit certain
pollutants and other high-strength wastes that can impact the wastewater treatment
process.
Stormwater Ordinance:
CITY COUNCIL 17 June 2024 PAGE 5
Ms. Rorabaugh said the Ordinance establishes the regulations appropriate to how the
system is managed and maintained. It was felt this would be easier to understand if it
became a separate Ordinance.
The revised Ordinance changes the billing calculation to conform with State law
which requires the use of an average rather than a median. The city will now have to
resurvey all of the impervious in the City. It will be done on a GIS basis.
Mr. Barritt noted the State keeps changing the laws, making them stricter. This has
required some HOAs to come into compliance.
Mr. Chalnick suggested asking the Planning Commission to review the Ordinances.
Mr. Smith moved to pass the second reading of the update to the Sewer and
Stormwater Ordinance and to set a Public Hearing for 5 August 2024 at 7:00 p.m. Mr.
Chalnick seconded. Motion passed unanimously.
Mr. Chalnick then moved to ask the Planning Commission to review the Sewer
Service Map in connection with the Water Service Map. Mr. Smith seconded.
Mr. Smith asked whether there would have to be a third reading if the Planning
Commission recommends changes. Mr. Chalnick said there would. Mr. Conner
suggested amending the motion to include the wording “with possible additions after
the approval of this set of amendments.” The motion was so amended.
Ms. Fitzgerald objected to the amendment directing the Planning Commission to look
at the sewer service area map on the basis of statutory separation of Council and PC
roles and absent conditions of planned future work and clear prioritization given the
current workload on revisions to LDRs.
In the vote that followed, the motion passed 3-2 with Ms. Fitzgerald and Mr. Scanlan
voting against.
7. Council discussion of the next steps related to Hubbard Recreation and
Natural Area permanent conservation easement and provide direction or
request additional information from staff:
Ms. Baker said the City has a partner willing to work on a conservation easement.
She asked Council members to provide guidance around the details of a permanent
conservation easement. Staff and the partner would then develop documents that
would come back to the Council for action.
CITY COUNCIL 17 June 2024 PAGE 6
Mr. Barritt said the parcel is a gen with some old forest areas and a wonderful
meadow. There will be a paved bike path. He would like to see everything east of the
path conserved. He would like to see the Common Roots use continued. He felt there
are some options for public passive recreation use.
Mr. Smith said he agreed with Mr. Barritt in many ways. He felt there are many ways
a conservation easement can be constructed. The east side of the meadow is
wetland, not appropriate for a ballfield or a building. He felt it makes sense to protect
that.
Mr. Scanlan agreed it was a unique piece of land, which people throughout the city
should be able to access. This should include access for people with limited mobility
and for toddlers to enjoy playground equipment. He agreed that differentiating the
use of the land east and west of the bike path would strike that balance, which as far
as he understood, was in keeping with the 2018 sounding of the public.
Mr. Chalnick agreed all areas to the east should be conserved. To the west it should
be kept open for passive uses, which should be spelled out.
Ms. Fitzgerald said it is a beautiful property. She has a problem reconciling the
original vision. She was not comfortable voting at this meeting. She suggested
some flexibility as it is uncertain what may happen 10+ years down the road. She
supported holding off on a final decision until there is a Parks Master Plan.
Mr. Barritt asked when the Master Plan is anticipated. Mr. Matth said late 2025.
Mr. Smith noted Council votes in 2023 on how to move forward. He wasn’t sure he
would want to change that. He suggested getting whatever information the city can
on a conservation easement while waiting for a Master Plan.
Ms. Fitzgerald said her reservations are not to undermine the City Council vote, but it
was a significant change from the original plan. She would like to re-engage the
public.
Mr. Smith said it was a clear vote on the conservation easement.
Ms. Baker said the exact language was “pursue what it would take to conserve the
rest of the park.”
Mr. Chalnick said there was a lot of public input at that meeting, and the Council’s
vote was unanimous.
CITY COUNCIL 17 June 2024 PAGE 7
Mr. Scanlan said this does not have to be an “either/or.” While staff explored what
uses could be allowed west of the bike path, broader insights could also be gleamed
from the Master Plan process. The issue was not only about striking a balance on the
use of this land but about a balance of passive and active recreation throughout the
city. He felt that rushing to action may have some in the community feel they have
been left out of the process. Mr. Scanlan thought this could all be done within the 3–
5-year time horizon for developing the Hubbard project that Mr. Smith had cited
earlier.
Mr. Mittag said nothing has happened in a year since the Council vote. He felt that
was unacceptable.
Ms. Greco said the land was purchased in 2013, and there have been visioning
sessions with a lot of input. More people wanted conservation and keeping the food
area. She was concerned that zoning could change and cited what the State is doing
to change zoning. She offered the services of the South Burlington Land Trust to help
carry out what the previous City Council did.
Mr. Simoneau said the property was purchased a while ago, and the City Council then
approved a Master Plan. He added that it is not uncommon for Council votes to be
changed over time. He did not feel the Council’s decision represented what the entire
community wants, and that waiting a year to “get it right” isn’t wrong. He noted that
Central Park in New York doesn’t have a conservation easement and said that
Hubbard should remain a park for the people.
Ms. Buzby highly recommended waiting until the Parks Master Plan is finished. She
felt that input was disproportionately from the southeast quadrant and that there
should be city-wide input.
Mr. Nizely said the proposed path is “shared use.” There has been no update on
what kind of surfaces the path will have. He questioned whether the path can cross a
Class 2 wetland and whether electric bikes should be allowed.
Mr. Strong said it is partly true that parks are for people. He cited the health benefits
of being outdoors. He felt there should be both conservation and public use of
Hubbard with agriculture on the west side.
Mr. Doyle cited the problem of trying to reconcile emotions very quickly. He said
there are reasons for a Parks Master Plan and felt the city can get through that
process.
CITY COUNCIL 17 June 2024 PAGE 8
Ms. Allen cautioned against going forward with the conservation easement as it could
hinder climate change mitigation. There could be a flood plain to address potential
flooding and preserve people’s homes, preventing what happened in Waterbury. She
urged the Council to do nothing permanent, at least until the Parks Master Plan is
completed and to let future citizens decide what to do with Hubbard.
Mr. Simoneau noted that there is a lease agreement between the City and Common
Roots for agricultural use of the 6 acres, and there is broad support for that to
continue and be enhanced for possible community gardens. He felt it would be unfair
to constrain park use so that couldn't happen.
Ms. Senecal asked about the risks of giving another entity complete control of the
area. Mr. Barritt said there are easements on Wheeler Park, including 2 Act 250
easements.
Ms. Jeffers said the current Common Roots lease is for 4 acres which is needed for
food equity in the community, and that need is growing. Two acres are now being
farmed.
Mr. Barritt questioned whether to ask what types of passive recreation could be built
into a conservation easement. Mr. Smith said “yes.” He asked about possible
options for the west side of the property and a city-wide vote in a way that respects
the community.
Mr. Barritt suggested the compromise of conserving what should be conserved and
allowing public access to the west of the path including agriculture. Mr. Scanlan
added it was important to draw information from the Master Plan so all equities
within the City are incorporated.
Mr. Chalnick then moved to work with the third party on a conservation easement to
conserve Hubbard Park to the east of the proposed path and to conserve to the west
of the path but allow play structures, benches, tables and other possible future uses
consistent with passive recreation while also ensuring public access and agriculture
use consistent with the character of the area. Mr. Smith seconded. Ms. Fitzgerald
confirmed that the motion was to instruct staff to have an exploratory conversation
with a third party based on those parameters. The motion passed unanimously.
8. Continue to review the use of American Rescue Plan Act (ARPA) funds
allocated to date and discuss future possible allocations. Provide direction
to staff:
Ms. Baker noted that staff has provided the spreadsheet requested by the Council.
CITY COUNCIL 17 June 2024 PAGE 9
Ms. Machar reminded the Council that allocations must be made by the end of the
year.
Mr. Chalnick asked if the funds could be allocated to the general fund for the next
fiscal year. Ms. Baker said the funds could be allocated generally, broad enough so
that a lot of things could get done. The money still has to be spent within 2 years.
Mr. Barritt said he wants to come up with a set of allocations from the spreadsheet
ideas. The intent was to help communities deal with the COVID pandemic.
Mr. Scanlan cited the challenging budget environment and proposed that funds be
used to help mitigate those challenges and where possible fund projects that would
increase City revenues. Mr. Chalnick felt the closeness of the vote on the last city
budget was a general angst regarding the school budget. He didn’t feel that would
happen next year.
Mr. Barritt said there are a lot of requests from committees that will do positive
things. He suggested going through the spreadsheet to see what is the most feasible
so the money can be distributed fairly. He suggested each councilor put a value
beside each item they want to fund and then “negotiate.” Members responded as
follows:
Mr. Barritt: Economic Development Plan
Public Arts/Cultural Plan ($50,000)
Book van for the Library for outreach
Mr. Scanlan: Economic Development Plan
System modernization (permitting/financing) ($100,000)
Deferred maintenance of Veterans Park ($815,000)
ADU grant ($250,000)
Fit up grants for business to locate on Market St. ($145,000)
Public Arts/Cultural Plan ($50,000)
Mr. Chalnick: Economic Development Plan
Public Arts/Cultural Plan
Energy Committee incentives for E-bikes to low-income households
The remainder to a “village green”
Ms. Fitzgerald: Veterans Park deferred maintenance
System upgrades for permitting and finance
Book van for the Library
Other incentives
CITY COUNCIL 17 June 2024 PAGE 10
Mr. Smith: Publics Arts/Cultural Plan
Economic Development Plan
Energy Committee incentives
City Center green
Ms. Allen said the number of low-income people who want e-bikes is probably zero.
They generally live where there are no trails, etc. She asked the Council to consider
people who are really hurting. She favored the book van and economic development
to create jobs.
Ms. Baker said the Council’s preferences amount to $1,600,000.00 but do not include
some items on the spreadsheet, such as “city green.”
9. Convene as Liquor Control Commission to consider the following
applications for approval: Double Tree by Hilton, Outside Consumption
Limited Permit; Delta Hotels by Marriott, Outside Consumption Permit:
Mr. Chalnick moved that the Council convene as Liquor Control Commission. Mr.
Scanlan seconded. Motion passed unanimously.
Mr. Smith moved to approve the application of Double Tree by Hilton and Delta
Hotels by Marriott as presented. Mr. Scanlan seconded. Motion passed
unanimously.
Mr. Chalnick moved to reconvene as City Council. Mr. Smith seconded. Motion
passed unanimously.
10. Other Business:
Mr. Chalnick and Mr. Barritt agreed to do the 13 July “Coffee with a Councilor.”
Mr. Chalnick and Mr. Smith will do the 20 July “Coffee with a Councilor.”
As there was no further business to come before the Council Mr. Chalnick
moved to adjourn. Mr. Smith seconded. Motion passed unanimously. The meeting
was adjourned at 9:45 p.m.
_________________________________
Clerk
PAGE 1
MINUTES
CITY COUNCIL POLICIES AND PRIORITIES RETREAT
19 JUNE 2024
The South Burlington City Council held the annual Policy Priorities and Strategies
Retreat on Wednesday, 19 June 2024, at 8:30 a.m., in the Community Room, 180
Market Street.
MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L.
Smith
ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager and
Fire Chief; C. McNeil, City Attorney; J. Pellerin, Deputy City Attorney; S. Burke,
Police Chief; H. Rees, City Clerk; P. Conner, Director of Planning & Zoning; T.
DiPietro, Director of Public Works; D. Brayton, Director of Human Resources; M.
Machar, Finance Director; I. Blanchard, Director of Community Development; A.
Matth, Recreation and Parks Director; J. Murray, Library Director; N. Gingrow, IT
Director; E. Quallen, Public Works Deputy Director for Capital Projects; A. Lalonde,
J. Bossange, M. Mittag, R. Gonda, F. MacDonald, D. Peters, J. Chaulot
1. Welcome, Introductions and Overview of Process:
Mr. Barritt convened the meeting and explained the history of Juneteenth and its
specific relationship to Vermont and New York.
Council and Leadership Team members then introduced themselves and indicated
their length of service to the city and their years of expertise in their fields.
Ms. Baker noted this is the fourth time the Council and the Leadership Team have
done this process together to be sure Leadership Team is implementing the
Council’s priorities. She reminded people that the Council’s role is to bring its
experience and listen to the community and to professional experts. The
Leadership Team’s role is to provide its expertise and to implement Council’s
identified policies. Ms. Baker stressed that this process is about strategic change,
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 2
not about core municipal government and the day to day service provision of the
City.
Ms. Baker noted that this year, the process will be aligned with City Plan 2024, and
the Council and the Leadership Team must use that plan to guide its work over
the next 8 years.
Ms. Baker stressed that the main thing is to maintain the community’s trust.
The City Council’s role is to establish policy and to provide the financial resources
to carry out that policy. The role of the Leadership Team is to use its professional
expertise to implement the policy and to identify the implications of the policy.
Ms. Baker noted that one important element in South Burlington is the concept of
service. There are over 130 people who volunteer to serve the community on
boards or committees.
Ms. Baker then noted the charts posted around the room indicating the policy
recommendations of the Council and the Leadership Team for the coming fiscal
year. The Council will be asked to identify its priorities and those ideas they do
not wish to address.
Members of the public were then invited to briefly state any priorities they would
wish the Council and the Leadership Team to address:
Ms. Lalonde: Reminded members that the City Charter Committee had
unanimously recommended increasing the Council membership to 7 members.
She urged the Council to act on that recommendation, noting that in recent years
the city’s population has doubled but representation on the City Council has
remained static.
Mr. Bossange: The Natural Resources Committee on which he serves is
passionate about tree preservation to prevent the destruction of landscape. They
have done the research and put together language for a Tree Ordinance which is
now in the hands of City staff. He urged it quick passage which, he said, would
allow for both development and tree preservation.
Mr. Gonda: Provided information on the difference between gas-powered and
electric-powered lawn care machinery, specifically the amounts of carbon dioxide,
nitrous oxide and other toxins released into the atmosphere by gas-powered
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 3
machinery. He suggested the city bond for funds to rebate a portion of the cost to
people who change from gas to electric-powered lawn machinery. He also
suggested allowing rabbit husbandry which provides good meat and doesn’t
wake up the neighbors.
Mr. MacDonald: Urged the development of a growth management plan and
strengthening of the Noise Ordinance (including banning small gas engines). He
also favored a plan for City-owned property that would not allow the use of toxic
chemicals. He noted that all of the City’s streams are impaired, partly due to the
use of pesticides.
Mr. Chaulot: Cited the benefits of preserving trees and urged passage of the Tree
Ordinance. He favored minimizing the number of trees removed from
development sites.
Ms. Peters: Urged the Council and staff to be very clear with regard to a “growth
management plan” vs. an “economic development plan.” She said it is far more
complicated than it looks.
Dr. Zigmund: She cautioned against the over-mulching of trees which, she said,
shortens their lifespan. She also urged updating the City’s Noise Ordinance. She
supported a “village green” in City Center and said there is too much concrete
now. She also noted that aircraft are burning leaded fuel which causes neurologic
damage to children which is why it was banned in cars.
Ms. Bramwell (not present): Mr. Smith noted Ms. Bramwell urged doing
something to make signalized crosswalks safer.
Ms. Baker suggested that in future processes, if the Council is interested, there be
a more intention public comment period at a time other than a weekday morning.
Ms. Baker then gave City Councilors color coded dots to place on the charts of
policy recommendations indicating their preferences for “high priorities,” “maybe
items,” and “eliminate items.” She noted that the charts indicate what is needed
from the Council in order to make an item happen, including funding and the
relationship to City Plan 2024. A “project lead” has also been added, and Ms.
Baker noted that in most cases this involves a combination of City departments.
Staff prioritization is also shown.
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 4
Ms. Baker asked Council members to think about the following in making its
choices:
a. The already existing alignment between the City Council and Leadership
Team
b. Staff capacity
c. City Council meeting capacity
d. The return on the time invested and whether this choice will make the
biggest change in the community
e. What is the right organization (municipal government, partner
organization) to do an item
f. With new priorities, what is coming off the list.
Members then reviewed the charts and placed their “dots.”
When the group reconvened, Mr. Chalnick suggested that any item that received
only 2 green (“go-ahead”) dots be placed on a future Council agenda to discuss.
Mr. Scanlan noted he had put 2 dots on the Community College item because
they are doing a lot of good work on equity issues.
It was noted that there were 3 green dots beside the item to increase the City
Council membership. There were also 3 green dots beside the item to discuss the
naming of public spaces.
Mr. Chalnick said there should be some “payback information” given to landlords
when they are required to do upgrades. Ms. Baker suggested the City balance
regulatory tools and incentivizing tools.
Mr. Chalnick also noted there are 2 sets of regulations that regarding noise, and
sometimes they are in conflict. He felt the regulations should be put together with
clear standards. One thing that is missing is “daytime noise” in residential areas
which is creating a lot of community reaction. Ms. Baker said that is when the
most construction work is done, and regulations would be hard to enforce. Mr.
Conner said there have been examples of very loud construction noise, and it
would be hard to determine what is “acceptable.” Mr. Barrit noted the success in
getting trash trucks out of residential areas before 7 a.m. He added there will
always be construction noise.
Mr. Smith said the impact of noise on health is becoming known. He added that
there is an expert in Montpelier on this subject. He felt the enforcement team
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 5
needs to be given better enforcement tools. Chief Burke said construction is most
often for a permitted city project. The Police Department prioritizes its calls, and
he warned against using police power to regulate this kind of noise.
Tree preservation received 3 “green” votes. Mr. Barritt said it would be nice to
change people’s view that their lawns should be “golf course quality” in favor of
something better for the environment. Mr. Chalnick said the City could and
should have a policy on this for City-owned property. This received 2 votes and
will go to a future Council agenda.
Updating fire safety ordinances received 2 “maybe” (yellow) dots. Ms. Fitzgerald
and Mr. Chalnick said they did not know enough about this. Chief Locke said it is
time the Ordinance was updates, especially with regard to electrical work in
single-family homes (which is not done now). In addition, the fees do not cover
the costs. Mr. Barritt noted that single-family homes are built with no electrical
inspection at all, and that is bad. Chief Locke said the big issue is getting it on the
Council schedule. He added that he believes the Electrical Inspector can do new
single-family homes and renovations with no need for additional staff. Ms. Baker
recommended keeping it on the list.
Members agreed to keep both “promote housing” and “networking economic
development” on the list. Ms. Fitzgerald said they need to do more than
networking; they need to understand the whole investment. Mr. Scanlan asked
whether there is a consensus to do active outreach to attract investment in South
Burlington, that is companies that are aligned with the City’s priorities. Ms. Baker
suggested that this becomes a core government function in future years.
Members agreed to the hiring of a Climate Change Director to do the needed
work. The current budget supports the hiring of this position.
Members agreed on the partnership with Green Mountain Transit and being very
intentional about what the city wants from the money they are spending to be
aligned with the 2024 City Plan. Mr. Scanlan said timing is critical. Rural routes
will mostly be taken over by other regional transit entities with GMT just retaining
its urban transit mission. Decisions regarding the urban routes will be made in the
next 12- to 18 months. South Burlington is cooperating with other urban
communities in this effort to reimage GMT urban routes. Ms. Baker reminded
members that the City is allocating just under $700,000 to GMT this year, a figure
that will continue to increase.
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 6
Members were divided on a priority for indoor recreation space. Ms. Baker said
this is a difficult one for staff as it is affecting the community’s families, but
bonding will be a challenge. Mr. Scanlan emphasized the need for long-term
planning for a cost-effective way to realize this long-standing community need.
Ms. Baker said it is the single most important thing the city can do to positively
impact the health and wellness of children and families. Ms. Fitzgerald suggested
the possibility of repurposing some buildings and said this could be a unique
opportunity to present a unified City/School connection and long-term plan.
It was noted that South Village needs to know what is going to happen with
regard to the proposed recreation area. Mr. Smith suggested waiting on this until
the Parks Master Plan is completed.
Members supported walking trails on the Auclair and Airport properties. Mr.
Scanlan said that the Chamberlin neighborhood feels it is not given the same
attention as other parts of the city, thus the Airport property should be prioritized.
Mr. Conner noted that the Airport owns a substantial amount of land adjacent to
the Airport, and they have an Airport Master Plan. When they do a major project,
they can build a recreational amenity on the land they own. There will be projects
in the coming years though they are still in the preliminary stages with no
committed dollars as yet. Ms. Baker said the City needs to decide how involved to
be in those conversations. Mr. Conner said this is an opportunity to take
something very basic and make it more of a connection part for the
neighborhood. Ms. Baker urged keeping this on the list.
The “water rate discussion” received 2 “green dots.” Mr. Scanlan said this is
both an equity and budget issue. Mr. Barritt said it is important for multi-unit
buildings to be paying their fair share. The possibility was raised of cooperating
on a stormwater regional discussion with other communities. Ms. Fitzgerald said
because of the failure of joint dispatch, she found it hard to say “yes” to that
possibility. Ms. Baker said it requires further discussion.
With regard to the “downtown” concepts, Ms. Baker said no one wanted “paid
parking”; however, there is no way to achieve a “downtown” without paid
parking. Businesses need turnover. Mr. Scanlan agreed and said that until this is
addressed, there will be a mismatch downtown between the small-town
structured dynamic, and the reality that South Burlington is no longer a small
town.
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 7
With regard to permit modernization, Ms. Baker said the City is about to sign a
contract for a cloud based solution. At present, all permit and financial processes
are paper-based, and this is very inefficient. There is some money in the 2024
budget for this which staff is going to ask to roll over to 2025. Mr. Gingrow noted
there is to be a state-wide summit on this in the coming year. Mr. Smith asked
whether the City can leverage what other communities do.
It was noted that the upgrade of the Peddlers’ Ordinance and other related items
received “red dots.” Ms. Baker said these are the efforts that promote vibrancy in
City Center. Mr. Chalnick said the problem is that everything is important and
decisions have to be made as to what can be done. Mr. Scanlan said a decision
has to be made on whether South Burlington wants a vibrant City Center or not,
keeping in mind that a vibrant City Center would help grow revenues for the City.
With regard to dispatch services, it was noted that a lot of time and money has
been spent in this area. The thought is now that South Burlington consider
offering to provide its dispatch services to other communities.
Ms. Baker then discussed ideas offered by 4 Council members regarding a
“growth management” conversation. She asked what outcome they wanted to
achieve. Members responded as follows:
Mr. Barritt: Growth puts a burden on schools, and then that burden gets put on
the taxpayers. He asked where the link is between every housing unit to the
impact on schools.
Mr. Chalnick: This is not just schools. It is roads and more. He said he does not
want to be a dense urban area, but maybe others do. He questioned what
strategy would allow the City to meet people’s vision.
Mr. Smith: Different types of development have different impacts. They need to
consider whether development increases stress. Development should increase
the City’s financial capacity. They should also rethink the impact fee strategy.
Mr. Scanlan: Long-term planning builds efficiency. It is about maximizing
commercial revenues so as not to burden the residential property tax. The City
had already identified areas for commercial activity. He favored
data/regionalization/targeted ways to grow revenue through commercial growth
so that more property tax is coming from the commercial sector.
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 8
Mr. Smith said commercial growth brings in more people and more of a burden
on the schools. Mr. Scanlan said that to be static is not an option. The City’s
revenue must grow in some way.
Mr. Barritt said he would like to see areas that will probably be developed at a
certain density and predict what extra load that will produce. He added that there
may be a time when the State takes over the schools, and there won’t be school
boards.
Ms. Fitzgerald: There is a high level of satisfaction among the City’s residents.
Growth management is an important discussion to have. She supported a
city/school committee to address advocacy, financial planning, etc. She felt an
obligation to help new School Board members integrate into their job and to look
for joint sharing between the City and Schools to achieve efficiencies. She noted
there is no education plan in the City Plan, and it is the Marcotte School location
which appears to be getting “boxed in” while also representing an opportunity to
address some of the City’s needs (e.g., a village green, recreation space, retail,
etc). She also questioned whether existing facilities can be reapportioned to meet
some of the needs of different school populations.
Mr. Smith: Lifestyles of the past 200 years are not sustainable; it can’t be
“business as usual.” The city needs to be prepared for big lifestyle changed.
Ms. Baker noted that because of South Burlington’s location in the County and
State, it’s likely that the City will continue to be a desirable place to live, grow a
business, and develop. South Burlington will grow. The question is will this be an
exclusive community or will it be open to all. If the Council/City doesn’t have this
conversation, no one else will. She asked members if they can support a process
that is data driven, that looks at innovation, and that is a multi-year effort. Staff
will bring the Council information on what that can look like.
Ms. Baker then asked those present to provide reflections on the day.
Mr. Barritt said they are fortunate to have all the minds in the room. He noted the
City did not have the flooding disruption that happened elsewhere in the state and
that displaced funding. He continues to wonder what the next disaster will be and
whether the City is prepared for it.
Ms. Baker then asked participants for their reflection on this process:
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 9
Mr. Smith: Applauded this process and said he was “blown away” by the staff
and its commitment to the City.
Mr. Chalnick: Agreed and said the energy and passion are so different from what
he expected when he moved to the area.
Mr. Pellerin: Grateful for the willingness of people to be “uncomfortable.”
Mr. MacNeil: Proud of the conversation he has heard, with people willing to listen
to other points of view.
Ms. Fitzgerald: Grateful for the patience of Ms. Baker and staff and appreciative of
the City Council dialog. Feels enriched.
Mr. Gingrow: Impressed with how positive the conversation has been.
Chief Locke: A “small, mighty team” that gets things done.
Ms. Baker: Fortunate to be a growing community in Vermont.
Ms. Machar: Everything that is being discussed is important to the future of young
children.
Mr. Scanlan: Appreciated the very respectful conversation. The City is uniquely
blessed with resources and we shouldn’t take this for granted. It was also nice
that humor has not left the room.
Mr. Conner: The forward-looking process is not easy to do.
Mr. DiPietro: Appreciated the timing of the discussion leaving time to digest is
before the budget process.
Ms. Rees: We can learn from each other. Grateful to live in this community.
Mr. Matth: Looking at lists of how many people are involved and working as a
team.
Ms. Blanchard: There are huge opportunities and options, and so much
knowledge in the room.
CITY COUNCIL RETREAT 19 JUNE 2024 PAGE 10
Ms. Brayton: Proud to be here.
Mr. Barritt reminded people of the Juneteenth celebration at Veterans’ Park at 6:00
p.m. and invited all to attend.
As there was no further business to come before the Council and Leadership
Team, Mr. Smith moved to adjourn. Mr. Chalnick seconded. The motion passed
unanimously. The meeting was adjourned at 12:30 p.m.
_________________________________
Clerk
STATE OF VERMONT
AGENCY OF TRANSPORTATION and CITY OF SOUTH BURLINGTON
RELOCATION/ADJUSTMENT ORDER and WORK AUTHORIZATION PERMIT
UTILITY COMPANIES: Vermont Gas Systems, INC.
PROJECT NAME AND NUMBER: South Burlington RAIZ(1)
PIN NUMBER: _____ PERMIT NUMBER: __________
DIRECTIVE TO IMMEDIATELY MOVE UTILITY LINES WITHIN STATE HIGHWAY
RIGHTS-OF-WAY OR ELSE FACE RELOCATION OF SUCH LINES
AND RECOUPMENT OF COSTS FOR RELOCATION OF SUCH LINES
AND DELAY CLAIMS FROM PROJECT CONTRACTORS
THIS DOCUMENT GIVES THE UTILITY COMPANIES, REFERENCED ABOVE, THE AUTHORITY TO
BEGIN RELOCATION/ADJUSTMENT OF THEIR FACILITIES IN ACCORDANCE WITH THE ATTACHED
PROJECT PLANS AND SPECIAL PROVISIONS.
THIS DOCUMENT PERTAINS ONLY TO THE AUTHORITY EXERCISED BY THE VERMONT AGENCY
OF TRANSPORTATION UNDER 19 V.S.A. § 10(14), 19 V.S.A. § 1111, AND 30 V.S.A. § 2504 AND DOES
NOT RELIEVE THE UTILITY OWNERS FROM THE REQUIREMENTS OF OTHERWISE APPLICABLE
STATUTES, RULES, REGULATIONS OR ORDINANCES.
TO ANY UTILITY COMPANY WITH LINES ABOVE, ON, UNDER OR OTHERWISE WITHIN THE STATE
HIGHWAY RIGHTS-OF-WAY AND PROJECT LIMITS; AND IN CONFLICT WITH THE CITY OF SOUTH
BURLINGTON’S ABOVE-REFERENCED TRANSPORTATION IMPROVEMENT PROJECT
TAKE NOTICE AS FOLLOWS:
WHEREAS, the City Of South Burlington has a scheduled transportation improvement project (the “Project”) along
I-89 at Exit 14, including work along the I-89 SB On Ramp and NB Off Ramp, in the City of South Burlington; and
WHEREAS, Examination of the project area shows that existing buried facilities owned by Vermont Gas Systems,
INC. are in conflict with the Project plans; and
WHEREAS, City of South Burlington has provided affected utility companies advance notice of the intended work,
has sought and considered input from the affected utility companies, and has coordinated with the affected utility
companies regarding their need to complete timely relocations as soon as practical; and
WHEREAS, City of South Burlington desires to avoid delays, inconvenience or damage sustained by the selected
contractor due to interference from said utilities, appurtenances, or the operation of moving them; and
WHEREAS, If the utilities are not moved in a timely manner, it will likely result in inconvenience to the traveling
public, and unnecessarily increased costs for the Project and the City of South Burlington; and
WHEREAS, Vermont Statutes Annotated, Title 19, Section 1111(a)(3) (as amended by Sec. 18 of Act No. 38 of
2017), provides, in relevant part:
When the Agency or a municipality issues a utility relocation or adjustment order in accordance with law in
connection with highway maintenance or construction activities, and a utility fails to move or adjust its line
or other facility within the time specified in the order, that utility shall be liable to the State or to the
municipality for damages that the State or the municipality is required to pay a contractor for delay caused
by the failure.
and
WHEREAS, Vermont Statutes Annotated, Title 30, Section 2504, provides, in relevant part:
If a line of wires is erected or maintained upon, under or across a street or highway, contrary to the
direction of the Transportation Board or the Selectboard, or is not changed when directed by them,
they may remove such line, and recover the expense thereof from the person or corporation using the
same in an action on this statute.
and
WHEREAS, the Vermont Statutes Annotated, Title 19, Section 10(14), provides that “with respect to state
highways, [VTrans shall] have the same powers that Selectboard have with respect to town highways”
NOW THEREFORE, THE SECRETARY OF TRANSPORTATION AND THE CITY OF SOUTH
BURLINGTON HEREBY DIRECTS:
IF PROVISION AND ASSURANCE IS NOT IMMEDIATELY MADE TO THE FULL SATISFACTION OF THE
VERMONT AGENCY OF TRANSPORTATION AND CITY OF SOUTH BURLINGTON THAT SUCH
UTILITIES WILL BE PROMPTLY RELOCATED AT A TIME AND IN A MANNER THAT WILL NOT DELAY
OR OTHERWISE IMPEDE THE PROJECT, THEN:
AS OF 11:59 P.M. ON APRIL 1, 2025, SUCH UTILITY LINES MAY BE REMOVED FROM THE
PROJECT AREA WITHOUT REGARD TO INTERRUPTIONS IN THE OPERATIONS OF
SUCH UTILITY LINES WHICH MAY THEREBY RESULT; AND
THAT THE INDICATED DATE IS THAT WHICH THE LAST UTILITY IS REQUIRED TO
HAVE ITS MOVE COMPLETE; AND
THAT ALL UTILITIES SHALL COORDINATE THEIR SCHEDULES SO AS TO
ACCOMMODATE THIS DATE; AND
THE COST OF REMOVING SUCH LINES WILL BE SOUGHT AND RECOUPED FROM THE
OWNERS OF SUCH LINES; AND
THE COST OF ANY DELAY CLAIMS FILED BY THE PROJECT CONTRACTOR WILL BE
SOUGHT AND RECOUPED FROM THE OWNERS OF SUCH LINES.
RELOCATION DESCRIPTION:
Permission is granted to work within the State Highway Right of Way in accordance with the attached plans and
special conditions to accommodate a gas main relocation for municipal project, South Burlington RAIZ(1).
COPIES OF THIS ORDER WILL BE PROVIDED TO ALL UTILITY COMPANIES WITHIN THE PROJECT
LIMITS. COPIES OF THIS ORDER ALSO WILL BE PROVIDED, UPON REQUEST, TO:
Anthony Z. Roisman, Chair June E. Tierney, Commissioner
Vermont Public Utility Commission Jim Porter, Director of Public Advocacy
112 State Street 112 State Street, Drawer 20
Montpelier, VT 05620-2701 Montpelier, VT 05620-2601
IN WITNESS WHEREOF, this relocation order is hereby executed this day______________________________,
for the STATE, by its Secretary of Transportation and this day ____________________________, for the CITY, by
its City Manager.
APPROVED AS TO FORM: STATE OF VERMONT
DATED: ________________________ AGENCY OF TRANSPORTATION
________________________________ ________________________________________
ASSISTANT ATTORNEY GENERAL SECRETARY OF TRANSPORTATION
APPROVED:
______________________________________ CITY OF SOUTH BURLIGNTON
CHIEF OF RIGHT-OF-WAY
________________________________________
CITY MANAGER
1
MEMORANDUM
TO: Jessie Baker, City Manager & South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
Kelsey Peterson, Senior City Planner
Nick Atherton, City Planner
SUBJECT: Public Hearing #2 of LDR Amendments #LDR-24-01 to LDR-24-10, possible action to adopt
DATE: November 4, 2024 City Council meeting
Overview
Following your first public hearing in September, the Council decided to make modifications to the Master Plan
and Subdivision standards and warn a second public hearing for this evening.
These changes have been incorporated into the full draft LDR.
Pursuant to State Statute, the changes were provided to the City Clerk and Planning Commission. The Planning
Commission, in turn, reviewed the amendments and, pursuant to Statute, updated their Report for LDR-24-06
(Subdivision, PUD, Mater Plan) to reflect the updated draft.
Linked here are:
“Clean” version of the complete draft Land Development Regulations as warned for 11/4/2024 Hearing
“Redline” version of the complete draft Land Development Regulations as warned for 11/4/2024 Hearing
Updated Planning Commission Report for LDR-24-06
General Link to City webpage for the draft Amendments and all documents/mapping.
As of the writing of this memo on 10/28/2024, no supplemental written feedback has been provided on the
draft amendments.
Recommended Steps and Actions for November 4, 2024:
1. Open Public Hearing: “I move to open the second public hearing on draft amendments to the Land
Development Regulations #LDR-24-01 through LDR-24-10.”
2. Invite public feedback on the draft amendments
3. Close Public Hearing: “I move to close the second public hearing on draft amendments to the Land
Development Regulations #LDR-24-01 through LDR-24-10.”
4. Council discussion and possible action. If the Council is ready for adoption, the recommended motion
would be: “I move to adopt draft amendments to the Land Development Regulations #LDR-24-01 through
LDR-24-10 as presented.”
180 Market Street, South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
Land Development Regulations
ADOPTED MAY 12 2003
AMENDMENTS ADOPTED [ADOPTION DATE]
South Burlington Planning Commission
Jessica Louisos, Chair
Duncan Macdonald, Vice-Chair
Paul Engels, Clerk
Donna Leban
Colin Laurence
Michael Mittag
Helen Riehle
South Burlington City Council
Tim Barritt, Chair
Andrew Chalnick, Vice-Chair
Laurie Smith, Clerk
Elizabeth Fitzgerald
Michael Scanlan
Page 1 of 347
TABLE OF CONTENTS
1 Purpose and Title
2 Definitions
3 General Provisions
4 Residential Districts
5 Commercial Districts
6 Industrial and Airport Districts
7 Other Districts
8 City Center Form Based Codes District
9 Natural Resources Protection District
10 Overlay Districts
11.A Street Types
11.B Civic Space Types
11.C Building Types
12 Environmental Protection Standards
13 Supplemental Regulations
14 Site Plan & Conditional Use Review
15.A Subdivisions
15.B Master Plans
15.C Planned Unit Developments
16 Construction and Erosion Control Standards
17 Administration and Enforcement
18 Affordable Housing Standards
19 Transferable Development Rights
Appendix A: Performance Standards
Appendix B: Traffic Generation Data And Calculation Procedures
Appendix C: Uses And Dimensional Standards
Appendix D: Lighting
Appendix E: Submission Requirements
Appendix G: Bicycle Parking
Appendix H: Housing Preservation
Page 2 of 347
Maps
Map 1: Zoning Districts
Map 2: Form-Based Code
Map 3: Natural Resources Map
Map 4: Habitat Block Overlay District
Map 5: Overlay Districts 1
Map 6: Overlay Districts 2
Consultants and Contributors:
The City would like to acknowledge and thank all contributing consultants and expertise provided to the
City in developing these Regulations and amendments.
In addition, the City acknowledges the financial contributions made by the State of Vermont’s Agency of
Commerce and Community Development through their Municipal Planning Grant Program.
Page 3 of 347
ARTICLE 1 PURPOSE AND TITLE
South Burlington Land Development Regulations
1 PURPOSE AND TITLE
1.01 Purpose and Compliance
1.02 Title
1.03 Separability
1.04 Effective Date and 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 amend and revise the City of South
Burlington Land Development Regulations effective November 20, 2023.
Page 4 of 347
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard and River Corridor 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.
(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.
Page 5 of 347
DEFINITIONS ARTICLE 2
South Burlington Land Development Regulations
(17) Abbreviations. “SF” shall mean “square feet”, “GFA” shall mean “gross floor area”, “GLA” shall
mean “gross leasable area”, “DU” shall mean dwelling unit, and “ROW” shall mean “right-of-
way”
B. Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the
conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any
combination.
(3) "Either...or" indicates that the connected item, conditions, provisions, or events shall apply singly but
not in combination.
C. References made to officials and official bodies shall mean officials and official bodies of the City
of South Burlington, unless the natural construction of the wording indicates otherwise.
D. The word "regulation," "these regulations," "these land development regulations," "this
ordinance," or “this bylaw” means the "City of South Burlington Land Development Regulations."
E. Any word or phrase which is defined in this section, or elsewhere in these regulations, shall have
the meaning as so defined whenever the word or phrase is used in these regulations, unless such
definition is expressly limited in its meaning or scope.
F. Any word or phrase that is not defined in this section, or elsewhere in these regulations, shall
have its plain and commonly accepted meaning.
G. Definitions contained in Title 24 of the Vermont Statutes Annotated, Chapter 117 shall be
applicable throughout these regulations.
2.02 Specific Definitions
Abandonment. The relinquishment of property, or a cessation of the use conducted on the property for
a period of six (6) months within a twelve (12) month period, by the owner, tenant, or lessee, for reasons
other than an act of God or access impeded by government action.
Accessory structure or building. A structure detached from a principal building on the same lot and
customarily incidental and subordinate to the principal building or use. The accessory structure shall be
located on the same lot. Prefabricated buildings may be regulated as accessory structures. Any portion
of a principal building developed or intended to be devoted to an accessory use is not an accessory
structure. Where an accessory building is attached to the principal building in a substantial manner, as by
a wall or roof, the accessory building shall be considered part of the principal building. Private garages
must meet applicable setback requirements for principal structures. Utility cabinets that meet the
requirements of Section 13.18 shall not be considered accessory structures.
Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or
purpose is incidental and subordinate to the principal use of the building or land. The accessory use shall
be located on the same lot. An accessory use shall not be accessory to another accessory use.
Adjacent. Either abutting or directly across the street.
Page 6 of 347
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations
Administrative Officer. That person appointed by the City Council who has any authority these
Regulations may confer upon him or her, and any Assistant Administrative Officer to administer the
Regulations and to issue zoning permits. In the absence of a designated Administrative Officer, the City
Manager shall function as the Administrative Officer.
Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie
theater, cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in the
performance of their duties or material is available depicting person or persons in a state of nudity. Nudity
shall be as defined in the South Burlington Public Indecency Ordinance.
Affordable housing. Either:
(A) An owner-occupied dwelling unit for which the total annual cost of ownership, including principal,
interest, taxes, homeowners and mortgage insurance, and 50% condominium or homeowners association
fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the median
income for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States
Department of Housing and Urban Development (Burlington-South Burlington MSA) corresponding to the
size of the specific unit (measured in number of bedrooms):
(B) A rental housing unit for which the total annual cost of renting, including rent, utilities (water,
electricity, and heating costs), and 50% of condominium or homeowners association fees, does not exceed
30 percent of the gross annual income of a household at 80 percent of the median income for the
Burlington-South Burlington Metropolitan Statistical Area as defined by the United States Department of
Housing and Urban Development (Burlington-South Burlington MSA) corresponding to the size of the
specific unit (measured in number of bedrooms).
Agent of owner. Any person who can show written proof that he has authority to act for the property
owner.
Agriculture (farming). Shall include any of the land use activities exempt from zoning regulation pursuant
to 24 V.S.A. § 4413(d), as amended.
Airport. A facility intended and used as the place where one or more fixed-wing or rotary-wing aircraft is
regularly stored, maintained, or repaired while not in flight, and including an area that the aircraft may
use to take off and land.
Airport uses. Fixed- and rotary-wing operations together with retail sales and service operations related
to public, private, and general aviation, including aircraft sales, repair, and storage, commercial shipping
and storage, restaurants, rental vehicles, and other uses designed to serve aviation passengers and
industry.
Alteration. Any act or process that changes one or more of the exterior and interior architectural features
or the exit facilities of a structure, including, but not limited to, the erection, construction, reconstruction,
or removal of any structure, any change in doors or windows, any enlargement to or diminution of a
building or structure, whether horizontally or vertically, or the moving of a building or structure from one
location to another, any increase in height, and any change or rearrangement in the supporting members
of an existing building or structure. The latter acts may involve bearing walls, columns, beams, girders or
interior partitions.
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Alteration, structural. Any change in the supporting members of a building, such as bearing walls,
columns, beams or girders, or in the dimensions or configurations of the roof or exterior walls.
Animal shelter. A place where animals are provided with short-term shelter typically operated by a
humane society or other non-profit organization. Such establishment may have either or both of an
educational component or a residence, occupied by a household with at least one person employed full
or part time in a caretaking capacity for the facility, as an accessory use or additional principal permitted
use on the site. May or may not include associated outdoor exercise facilities.
Apartment. See Dwelling, multi-family.
Applicant. A person submitting an application.
Application for development. The application form and all accompanying documents and exhibits
required of an applicant by an approving authority for development review purposes.
Approved plan. Prior to January 1, 1996, a plan that is conditionally approved under the provisions of this
chapter, unless specifically provided otherwise. After January 1, 1996, a plan that has been granted final
approval by the appropriate approving authority.
Approving authority. The agency, board, group or other legally designated individual or authority that
has been charged with review and approval of plans and applications.
Area affected.
(A) The area of land that is the subject of the proposed action;
(B) As used under conditional use review, the vicinity of the land that is the subject of the proposed
action, as defined by the purpose or purposes of the zoning district within which the project is
located, and specifically stated policies and standards of the municipal plan
Artist production studio. A building or portion thereof used for persons engaged in the application,
teaching or performance of fine arts such as, but not limited to, vocal or instrumental music, dance, or
the creation of original handmade art or craft items.
Assisted living facility. A multi-family, residential group facility that provides a combination of housing,
supportive services, and personalized assistance for persons needing help with activities of daily living.
Such activities may include bathing, grooming, and medical reminders. Meals are provided in a central
location on site. Dwelling units may or may not have conventional kitchens.
Attic. The part of a building that is immediately below and wholly or partly within the roof framing.
Auto & motorcycle sales. A business enterprise engaged in the sale of automobiles or motorcycles.
Auto & motorcycle sales, limited. A business engaged in the sale of automobiles and/or motorcycles not
requiring a commercial driver’s 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
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installation of automobile and/or motorcycle parts and accessories. Includes Auto & Motorcycle Sales,
Limited in conformance with these regulations.
Auto rental, with private accessory car wash and fueling. A business enterprise engaged in the rental of
automobiles. May include car wash facilities and fueling for the exclusive use by employees of the rental
enterprise to clean and refuel the rental cars in preparation for a subsequent rental.
Bar.
(A) A business enterprise or part thereof used primarily for the retail sale or dispensing of liquor or
alcoholic beverages for consumption on the premise, or
(B) The part of a building, structure, or premise of a private club, association or organization that
dispenses liquor or alcoholic beverage for consumption on the premises. Also known as a tavern or
lounge.
Basement. That portion of a building that is partly or completely below the average pre-construction level
of the adjoining ground. A basement shall be considered as a story where the finished surface of the floor
above the basement is:
(A) More than four (4) feet above the average pre-construction level of the adjoining ground, or
(B) More than twelve (12) feet above the pre-construction ground level at any point.
Bed and breakfast. A detached single-family residence with four or fewer rooms for rent, accommodating
a maximum of ten guests, for short-term overnight lodging by the day or by the week. The single-family
residence must be the primary residence of the owner or operator of the bed and breakfast. Employment
shall not exceed one (1) full-time employee in addition to the owner. Only a morning meal may be
provided to guests. Bed and breakfasts are also known as tourist homes.
Below market rate households. Households whose aggregate income does not exceed eighty percent
(80%) of the county median income, as defined by the United States Department of Housing and Urban
Development in the case of for-purchase housing, or does not exceed sixty-five percent (65%) of the
county median income, as defined by the United States Department of Housing and Urban Development
in the case of rental housing.
Block. An area of land bounded by streets or by a combination of existing, planned, or proposed streets,
or by physical features creating a barrier to the continuity of development such as public land, railroad
rights-of-way, waterways, and municipal boundaries. Within the Transect Zones, street types applying
under this definition shall include only existing public streets, planned streets, and street types listed as
qualifying within the applicable Building Envelope Standards and Article 11. The perimeter of the Form
Based Codes District also shall be considered an additional block delineation.
Block length: The horizontal distance of a single block face, measured from the edge of the street right-
of-way or other applicable feature.
Block perimeter. The horizontal distance created by three or more block lengths in order to return to a
point of origin that creates a land area.
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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 zone. The area on the lot where a building façade must be located, measured as a minimum and
maximum range from the closest street line of an existing or planned street right-of-way.
Build-to-zone, primary. The build-to-zone where a specified percentage of a building’s façade must
be located, as determined by the Building Envelope Standards for the applicable District.
Build-to-zone, secondary. The build-to-zone where a specified percentage of a building’s façade
may be located, as determined by the Building Envelope Standards for the applicable District.
Buildable Area. See Section 15.A.11
Building. A structure having a roof supported by columns or walls, and used or intended for the shelter
or enclosure of persons, animals, or equipment, goods, or materials of any kind. The connection of two
buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with
or without a roof, shall not be deemed to make them one building. Buildings shall be classified as Principal
or Accessory.
Building break. Variations in a building façade that include: building height variation, building vertical
plane shift (bump outs / step backs), and building section variation that protrude or step back from the
front or top of the building by at least two (2) feet for a minimum width of five (5) feet, and major material
change (such as brick to stone or hardi-plank) extending the majority of the vertical plane of the building
for a width of at least twenty (20) feet. Such an interruption in the continuous line of a building facing a
street may include variations in the façade of the building as well as stoops, porches, permanent structural
awnings, inverted dormers and picture windows. See the diagrams contained within Article 8 for
examples. This term also may apply to structures where specifically referenced in these Regulations.
Building envelope. A designated area or portion of a lot, delineated on a subdivision plat, within which
all structures, parking and loading areas, and clearing of land must be located, with the exception of
driveways and utility lines. A building envelope shall be defined by minimum setback and maximum height
requirements unless otherwise specified in these Regulations.
Building Envelope Standards (BES). Standards for the design of structures and related site features within
these Regulations.
Building coverage. The ratio of the horizontal area, measured from the exterior surface of the exterior
walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area.
Building façade. The face of a building that delineates the edge of enclosed floor space. For example, the
building face of a two-story structure with a one-story porch is the two-story elevation of the building.
Building footprint. The area of land physically occupied by a building on the ground, including any deck,
porch, or other appurtenant structure attached to the building, and any area of land over which any
portion of a building or appurtenant structure overhangs. The building footprint does not include
uncovered patios, walkways, driveways, landscaping or other unattached structures.
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Building line.
Building line, front. The line, parallel to the street line, that passes through the point of the principal
building nearest the front lot line. A lot with two or more front lot lines shall have a front building
line for each front lot line.
Building line, rear. The line, parallel to the rear lot line, that passes through the point of the principal
building nearest the rear lot line. In the event that a property has two or more front lot lines and no
rear lot lines, the rear building line shall be the line that is both
(A) Parallel to the side lot line that passes through the point of the principal building nearest the side
lot line and
(B) Parallel to the Primary Building Façade.
Building, principal. A structure in which is conducted the principal use of the site on which it is situated.
In any residential district, any building that contains one or more dwelling units, except an Accessory
Dwelling Unit, shall be deemed to be a principal building on the lot on which it is located.
Building width. The average length of a building measured along the side most closely parallel to its
adjacent public street(s).
Bulk requirements. Standards that control the height, density, and location of structures.
Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground
containers or areas for subsequent resale to distributors or retails dealers or outlets and not directly to
the consuming public.
Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted.
Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven buses
and loading and unloading of passengers. Bus terminals may include ticket purchase facilities, but shall
not include bus maintenance facilities. Bus terminals may also include hubs where three or more routes
converge and allow the transfer of passengers between routes.
Bylaws. Zoning regulations, subdivision regulations, or an Official Map adopted under the authority of 24
VSA Chapter 117.
Caliper. The diameter of a tree trunk measured at six (6) inches above the ground for trees up to and
including four (4) -inch caliper size, and as measured at twelve (12) inches above the ground for larger
sizes.
Campus. The premises of a public or private college, university, school, hospital, or other institution.
Cannabis dispensary. a nonprofit entity registered under section 18 VSA 4474e which acquires,
possesses, cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana,
marijuana-infused products, and marijuana-related supplies and educational materials for or to a
registered patient who has designated it as his or her center and to his or her registered caregiver for the
registered patient’s use for symptom relief. A dispensary shall not be located within 1000 feet of the
property line of a preexisting public or private school or licensed or regulated child care facility.
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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.
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
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(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.
Civic Space. An outdoor area dedicated for public or neighborhood use. Civic Space types are defined by
the combination of certain physical constants including the relationships among their intended use, their
size, their landscaping and their adjacent features such as streets, buildings, and/or natural areas.
Civic Space / Site Amenity, qualifying. Civic Space or Site Amenity that meets all of the requirements
of Table 8-1 (Civic Space / Site Amenity Requirements) and the requirements of Article 11.B, Civic
Space/Site Amenity.
Civic Space / site amenity, qualifiable. Civic Space or Site Amenity that meets the requirements of
Table 8-1 (Civic Space / Site Amenity Requirements) and the following elements of Article 11.B, Civic
Space/Site Amenity: Type allowed in the applicable Transect Zone, Description & Service Intent, Size,
and Location & Access.
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.
Commercial greenhouse. A structure and the land surrounding it in and on which plants, vegetables,
flowers, and similar materials are grown for sale or are sold. Such land and greenhouses are also known
as nurseries.
Commercial vehicle. Any motor vehicle licensed as a commercial vehicle.
Community center. A building or structure used for recreational, social, educational, health, cultural, or
other similar activities. Services within the facility may be offered by one or more public or nonprofit
entities.
Community garden. One or more garden plots located on public or private property managed collectively
by a group that grows food primarily for the members’ home consumption.
Complete application. An application form completed as specified by a bylaw and the rules and
regulations of the City and all accompanying documents required by the bylaw for approval of the
application. The application shall be certified as complete as soon as all requirements specified in the
bylaw and rules and regulations have been met.
Conditional use. A use permitted in a particular zoning district only upon showing that such use in a
specified location will comply with and conform to all the conditions and standards for the location or
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operation of such use as specified in these land development regulations and authorized by the
Development Review Board. In granting approval for a conditional use, the Development Review Board
may attach such additional reasonable conditions and safeguards as it may deem necessary to implement
the purposes of these Land Development Regulations.
Condominium. A building, or group of buildings, in which dwelling units are owned individually, and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
There shall be an association of building owners organized for the purposes of maintaining, administering,
and operating the common areas and facilities. Condominium is a legal form of real property ownership
and not a building style. The purchaser shall have title to his or her dwelling unit and an undivided interest
in parts of the interior of the building, the exterior, and other common elements. The property shall be
identified in a master deed and officially recorded on a plat. The common elements shall comprise the
land underneath and surrounding the building, certain improvements on the land, and such items as
plumbing, wiring, and major utility systems, the interior areas between the walls, the public interior
spaces, exterior walls, streets, and recreational facilities. Condominiums may be used for residential and
non-residential uses.
Congregate care facility. A housing facility that has significant facilities and services specifically designed
to meet the physical and/or social needs of older persons. Significant facilities and services may include,
but are not limited to, social and recreational programs, continuing education, information and
counseling, recreational, homemaker, outside maintenance and referral services, emergency and
preventive health care programs, congregate dining facilities, and transportation to social, medical, or
personal services. This is not a group home; see definition below.
Consolidation. The removal of lot lines between contiguous parcels.
Construction. The act of adding to, altering, or extending an existing structure or the erection of a new
principal or accessory structure on real property.
Continuum of care facility. A multi-family, residential group facility with a range of accommodations and
services in one structure or one campus. This type may include full apartments for independent residents,
an assisted living facility, and/or a skilled nursing facility. This definition excludes group homes.
Contractor or building trade facility. A facility, including offices, used for the conduct of building,
contracting and related trades that conduct a majority of business activity off-site. Such use may include
the indoor storage, maintenance, and processing of vehicles, equipment, merchandise and materials used
in the conduct of the business, and other customary and incidental activities directly related to the
conduct of the business.
Contractor’s yard. An establishment or place of business primarily engaged in selling merchandise to
retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or
acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or
companies. A contractor’s yard is typically a wholesale trade operation, but may also have retail trade or
have some portion allocated to retail trade. Typical uses include lumber yards, mill work yards, and stone
or masonry yards and may also include storage of materials, merchandise and equipment incidental to
the principal business and not necessarily for sale.
Conversion. A change in the use of land or a structure.
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Core Habitat Block Area. Contiguous forested area that includes all land within the center of a Habitat
Block. This area excludes all land within the first 328 feet as measured from the edge of a Habitat Block
into the center of the Habitat Block.
Court. Any open, uncovered, and unoccupied area, other than a yard, that is bounded by two or more
attached building walls and unobstructed from ground to sky. This definition shall not preclude the
inclusion of "court" in the name of a building or buildings.
(A) Inner court. An open area, unobstructed from the ground to the sky that is entirely within the
exterior walls of a building.
(B) Outer court. An open area, unobstructed from the ground to the sky which is bounded on not more
than three sides by the exterior walls of one or more buildings OR Any court that is not an inner
court.
Covenant. A restriction on the use of land set forth in a written document or plat. The restriction runs
with the land and is binding upon subsequent owners of the property.
Cultural facility. An indoor or outdoor auditorium, theater, or other building or structure designed for or
primarily used for music, drama, dance, or other live performances, or museum or gallery operated
primarily for the display and not sale of works of art.
Curb. A boundary usually marking the edge of the roadway or paved area.
(A) Curb cut. The opening in the curb, measured at the property line, at which point vehicles may enter
or leave the property.
(B) Curb level. The permanently established grade of the curb top in front of the center of the building,
the lot, or portion thereof under consideration. Where no curb level has been established, the level
of the ground at the center of the traveled portion of the street shall be considered the equivalent
of the curb level. Where the building does not adjoin the street, the average level of the proposed
grade line of the ground immediately adjacent to the building as shown on the building plans shall
be considered the curb level.
(C) Curb return. The connecting link between the street curb and the ramp curb.
Cut. A portion of land surface or area from which earth has been removed or will be removed by
excavation. Cut shall also refer to the depth below the original ground surface or excavated surface.
Core Habitat Block Area
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Day care facility, adult. An establishment operated as a business or service on a regular or continual
basis, whether for compensation or not, to provide care, protection, supervision and/or education for
adults with physical, emotional or cognitive impairment who require assistance and supervision or those
who need restorative or rehabilitative services. Such services are provided outside the adult's home for
periods of fewer than 24 hours a day by persons other than the adult's parent, guardian or relative. An
adult day care facility shall constitute a day care center. The center shall be licensed and operated in
accordance with state law.
Delivery channel. Public alley or other street providing access to the loading facilities of buildings;
typically located to the rear and sides of buildings.
Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or
improvement.
Density increase. The allowable increase in the density of residential development on a receiving parcel
for TDRs, as a higher maximum average number of dwelling units per acre than would be allowable on
the receiving parcel did not use TDRs.
Design vehicle. The type of vehicle used to determine the geometric design of the roadway.
Detached mixed-use storefront. A building with a single, ground-level walk-in non-residential use. The
building may also include separate occupant(s), residential or non-residential, on upper stories where
permitted.
Development.
(A) The carrying out of any change to improved or unimproved land, including but not limited to the
construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any
structure or parking area;
(B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance;
(C) any use or extension of the use of the land, or
(D) The subdividing of land into two or more parcels.
Development Review Board. The Development Review Board or "DRB" of the City of South Burlington
created pursuant to 24 VSA Chapter 117.
Development rights. See transferrable development rights
Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit.
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.
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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.
Dooryard: a building entry with a shallow setback and front garden or patio, usually with a low wall at its
front.
Domicile. A residence that is a permanent home to an individual.
Dormer. A window vertical in a roof or the roofed structure containing such a window. The height of a
dormer shall be from its base to its peak, inclusive.
Dormitory. A building containing bathroom facilities for the common use of residents of the building
which is occupied or intended to be occupied as a dwelling by persons not related by blood, marriage,
fosterage or adoption but who are enrolled, affiliated with, or employed by the same educational,
religious, or health institution. Dormitory shall not include a rooming house, guest home, tourist home,
bed and breakfast, hotel, 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 constructed improvements designed to carry
drainage.
Drainage way. With the exception of major and minor streams, all other streams, watercourses or
drainage ways natural in origin and having a clearly defined channel with intermittent or full year flow of
water.
Drive-through. An establishment or structure which by design, physical facilities, service, or by packaging
procedures encourages or permits customers to receive services, goods, or be entertained while
remaining in their vehicles. A drive through shall include all components thereof, including any outdoor
menu boards, order windows or service windows.
Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other structure
and generally subordinate in nature to a street. A driveway may be shared among structures, but its
function is generally subordinate to a street.
Duplex. See Dwelling, two-unit.
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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-unit. A building that contains one (1) principal dwelling unit and that is not attached
to any other dwelling by any means and has no roof, wall, or floor in common with any other dwelling
unit. This is also known as a detached or one-family dwelling.
Dwelling, multi-unit. 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-unit. 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.
Electric Vehicle Capable Space (EV Capable Space). As defined by the latest edition of the Vermont
Commercial Building Energy Standards and Vermont Residential Building Energy Standards, as applicable,
prepared and revised by the Vermont Public Service Department.
Electric Vehicle Ready Space (EV Ready Space). As defined by the latest edition of the Vermont
Commercial Building Energy Standards and Vermont Residential Building Energy Standards, as applicable
prepared and revised by the Vermont Public Service Department.
Electric Vehicle Supply Equipment Installed Space (EVSE Space). As defined by the latest edition of the
Vermont Commercial Building Energy Standards and Vermont Residential Building Energy Standards, as
applicable, prepared and revised by the Vermont Public Service Department.
Element. A component of a plan.
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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.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General
Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified
in a Vermont Department of Environmental Conservation approved watershed implementation plan (i.e.
TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of
developing, or redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream
channel restoration projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan,
but are necessary to meet the required pollutant reductions in a TMDL.
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.
Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or
organic substances other than vegetation, from water or land on or beneath the surface thereof, or
beneath the land surface, whether exposed or submerged.
Existing grade or elevation. See pre-construction grade.
Existing use. The use of a lot or structure at the time these land development regulations were enacted.
Exterior architectural features. The architectural character and general composition of the exterior of a
structure, including but not limited to, the kind and texture of the building material and the type, design
and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features
when they are integral to the significance of the site, all of which are subject to public view from a public
street, way or place.
Facade: See Building Façade.
Family. See household.
Farm. As defined in 24 V.S.A. § 4412.
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), semi-open, or closed (e.g., brick or stone) style. Closed fences
may also be known as walls.
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Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans,
for purposes of creating a new elevation of the ground.
Final approval. The last official action of the approving agency or board taken on a development plan
which has been given preliminary approval, after all conditions and requirements have been met, and the
required improvements have been installed or guarantees properly posted for their installation, or
approval conditioned upon the posting of such guarantees.
Financial institution. A use of structure in which financial, pecuniary, fiscal, or monetary services are
made available to the public, including but not limited to depository institutions (e.g., banks, credit unions,
savings and loans), non-depository institutions (e.g., credit agencies, loan brokers), holding companies
(but not predominantly operating companies), other investment companies, brokers and dealers in
securities and commodities contracts, and security and commodity exchanges.
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 sum of the gross floor area of all principal and accessory buildings on a lot.
Floor area, gross. The sum of all floor areas of all stories of a building, measured from the exterior face
of the exterior walls, or from the centerline of a common wall separating two attached units or structures.
Gross floor area shall include such features as porches, balconies, breezeways, walkways, and raised
platforms, if each is enclosed.
Food hub. A facility that serves as the central location for the aggregation, storage, processing,
distribution, and/or marketing of local and source-identified food. A food hub is closely aligned with a
farm stand with respect to the types of products available. The principal function of a food hub shall be
to provide local farmers and food producers predictable and coordinated access to individuals, retailers,
and institutions. This is encouraged to be a distribution point for shares in Community Supported
Agriculture (CSAs). A Food Hub is not a “Retail Sales” use. A food hub is not intended for consumers to
shop through a wide variety of goods, especially those goods or food products that are neither processed
nor grown locally, throughout most of the day, week, and year. A food hub may also constitute an
organization responsible for the roles listed herein, and may include technical assistance to local farmers
in conjunction with its duties as a central location.
Frontage.
(A) The boundary of a lot abutting a street;
(B) the front lot line.
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Frontage buildout. The percentage of the total length of the front lot line that is the same length as the
total horizontal length of the building façades of principal buildings, or portions thereof, that:
(A) Are located within the lot’s build-to-zone, and
(B) Are parallel with the front lot line, and
(C) Do not have any portion of another principal building located between it and the front lot line.
Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel, gasoline,
or kerosene above or below ground.
Garage, private. A detached or attached accessory building, or part thereof, used or intended to be used
only for the storage of private passenger vehicles belonging to the residents, employees, or visitors of the
premises.
Glazing. The amount of window and door coverage over the specified portion of a building.
Glazing, transparent. A type of glazing provided by see-through windows that provide visual access to
space within the building intended for human occupancy and use, and by doors that are used as operable
or public entrances, regardless of whether see-through or opaque.
Grade. The elevation of the land or land level at a specific point.
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.
Grade, pre-construction. The elevation of the ground level in its natural state, before construction,
filling, or excavation. This is also known as natural grade, and shall be defined as the grade existing
on property on the date of an application under the South Burlington Land Development Regulations
for any development approval (variance, conditional use approval, zoning permit, site plan approval),
unless another grade has been established as the pre-construction grade pursuant to regulations for
the Alteration of Existing Grade. Where land receives subdivision approval from the Development
Review Board, the grade shown on the approved subdivision plat shall constitute the pre-
construction grade, unless modified in accordance with regulations for the Alteration of Existing
Grade. Within the City Center Form-Based Codes District, the grade of the adjacent approved street.
Grade, average pre-construction. The grade measured as the average of the pre-construction grade
of each of the four (4) [or more as applicable] principal corners of the building. Within the City Center
Form Based Codes District, the average of the pre-construction grade along the frontage of the
adjacent street(s).
Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled
condition.
Greenbelt. The landscaped and maintained vegetative portion of the street right-of-way. Where
applicable under specific street types contained in Article 11, may include hardscape elements.
Greenbelt width. The distance between the curb or other edge of the roadway pavement to the sidewalk,
recreation path, or edge of the street right-of-way (whichever is closest).
Group home. A therapeutic community residence as defined by 33 V.S.A. §7102 (11)
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Group quarters. A dwelling that houses individuals who are unrelated by marriage, blood, adoption,
fosterage, or guardianship in a group living arrangement of intentionally structured housing by an
organization or institution. This may include fraternities, sororities, dormitories, or living and learning
complexes for a student body or religious order, army barracks, or other similar institutional use. This
definition excludes group homes.
Groundcover. Groundcover refers to any plant that grows over an area of ground, used to provide
protection from erosion and drought, and to improve its aesthetic appearance.
Habitable area. The finished areas or spaces of a dwelling unit that are heated (and, where air
conditioning is available, cooled) with the rest of the dwelling unit.
Habitat block. Areas identified and demarked as “Habitat Block” on the Habitat Block & Habitat
Connector Overlay Districts Map.
Habitat connector. Areas identified as “Habitat Connector” on the Habitat Block and Habitat Connector
Overlay Districts Map.
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.
Hazard: Floodplain overlay districts A, AE, A1-30, and 0.2% B2, River Corridors except those along
intermittent streams, Very Steep Slopes, Class I and Class II wetland and associated buffers.
Health club. See recreation facility, indoor.
Height. The vertical distance of a building measured from the average preconstruction grade level at the
base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level
between the eaves and the highest point of the roof if the roof is of any other type. Height calculation of
a building shall not include minor rooftop apparatus such as solar collectors, chimneys, elevator and
mechanical penthouses, air conditioning equipment, satellite dishes, and similar apparatus that project
from the roof. For larger rooftop apparatuses such as steeples, spires, towers, water tanks, radio and
television antennas, see Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for
residential structures shall be exempt from the height limitations. Height of a structure that is not a
building shall be measured from the average preconstruction grade level at the base of the structure to
the highest point of the structure.
Home occupation. An occupation or activity carried out for gain secondary to and typically incidental to
the use of the dwelling unit by a resident thereof. The conduct of the home occupation is clearly accessory
to the use of the dwelling unit for living purposes and does not change the character of the dwelling unit
or accessory structure in which it is located. See Section 3.12 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.
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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:
(A) 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
(B) A common area which shall include three (3) or more of the following: business support facilities,
guest only breakfast facilities, lobby, and recreation space and amenities; but specifically excludes
public restaurant(s), cocktail lounge(s), and banquet meeting rooms containing more than fifty (50)
seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom. Units
must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant
for more than one hundred eighty (180) days in any three hundred sixty-five (365) day period.
Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals
related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single
housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of
individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each
individual household member’s relationship, if any, to other members of the household.
Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary
Unit is the total combined annual cash income, whether earned (for example, salary, wages, tips, or
commissions) or unearned (for example, benefits, unemployment compensation, interest, dividends) of
each household member.
Housing unit. See dwelling unit.
Impervious surface. Those human-made surfaces, including, but not limited to, paved and unpaved
roads, parking areas, roofs, driveways, and walkways, from which water runs off rather than infiltrates.
Impervious surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage
areas, awnings (and other fabric or plastic coverings). Properly installed and maintained pervious
pavement shall not be considered Impervious Surfaces for stormwater purposes.
Improvement. Those human-made surfaces including paved and unpaved roads, parking areas, roofs,
driveways, and walkways, from which precipitation runs off rather than infiltrates.
Inclusionary unit. See Affordable Housing.
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Indoor theater. A building or part of a building devoted to showing motion pictures, or for dramatic,
dance, musical, or other live performances.
Indoor vehicle storage. Indoor facility used to store motor vehicles, such as cars, pick-up trucks, RVs,
motor cycles, snowmobiles and boats, but not including aircraft or any vehicle requiring a CDL operator’s
license. Vehicle storage is typically seasonal, and vehicles are not typically accessible to their owners
during the storage period.
Industry. Those fields of economic activity including, mining, construction, manufacturing,
transportation, communication, electric service, gas service, sanitary service, and wholesale trade.
Inclusionary Zoning. Provisions under Section 18.01 of these regulations, as authorized under 24 VSA
Section §4414(7), which establish minimum requirements and incentives for the construction of housing
to meet the needs of low- and moderate-income households.
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 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.
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Landscaping. The installation and maintenance of, usually, a combination of trees, shrubs, and plants,
but not including bare soil, uncultivated vegetation, impervious surfaces, and gravel.
Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the
specification of “American Standards for Nursery Stock” published by the American Association of
Nurserymen. See also canopy tree.
Legislative body. The City Council of the City of South Burlington.
Level I Resources: A Habitat Block or Habitat Connector.
Level II Resources: River Corridors along intermittent streams, Floodplain Overlay District Zone 0.2% B1
(500-year floodplain, Class III wetlands (greater than 5,000 square feet in size) and associated buffers, and
steep slopes.
Light manufacturing. The processing and fabrication of certain materials and products where no process
involved will produce noise, vibration, air pollution, fire hazard, or noxious emission exceeding the City’s
performance standards or other regulations therefor. Light manufacturing includes but is not limited to
the production of the following goods: home appliances; electrical instruments; office machines; precision
instruments; electronic devices; timepieces; jewelry; optical goods, musical instruments; novelties; wood
products; printed material; lithographical plates; type composition; machine tools; dies and gages;
ceramics; apparel; lightweight non-ferrous metal products; plastic goods, pharmaceutical goods; and food
products, but not animal slaughtering, curing, nor rendering of fats.
Liner Building. A building or portion thereof which is specifically designed to mask and enliven the edge
of a parking lot, garage or structure or a large retail facility (big box), which is located between the front
lot line and the parking lot, garage or structure or large retail facility.
Loading space. A space or berth available for the loading and/or unloading of goods from commercial
vehicles.
Long term bicycle storage. Also called protected bicycle storage. Bicycle parking spaces intended for
employees, tenants, and their visitors and intended to provide a high degree of security and protection
from the weather when a bicycle is unattended for a period of time in excess of four hours.
Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in
common ownership and designated as a single parcel, established and recorded by plat, subdivision, or
otherwise permitted by law to be used or intended to be used by a principal building or a group of such
buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the
operation thereof, together with such open spaces as required by these land development regulations.
Lot boundaries are (A) Established by a deed or deeds recorded in the land records of the City of South
Burlington, and the records of any public road right-of-way; or (B) Shown on a plat approved by the South
Burlington Development Review Board pursuant to subdivision and/or land development regulations,
provided such approval has not expired.
Lot, building. A lot containing, or intended to contain, a principal building.
Lot, Civic Space. A lot consisting of a Civic Space.
Lot, conservation. A lot consisting of land that has been conserved.
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Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street in
such a way that the front building line meets either side lot line at interior angle of less than 135
degrees. The point of intersection of the front lot lines is the corner. A corner lot shall be deemed
to have two front yards and two side yards and no rear yard.
Lot, flag.
(A) A lot with no frontage on or abutting a public road and where access to the public road is by a
narrow right-of-way usually granted by easement over another lot with the normally required
frontage, or
(B) A lot for which access is provided by a narrow projection of the lot at least fifteen (15) feet in
width connecting said lot to a public street. A driveway accessible by emergency equipment
must be located on the projection.
Lot, interior. A lot other than a corner lot and with frontage only on one street.
Lot, Infrastructure. A lot consisting of infrastructure such as stormwater, parking, or utilities.
Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size requirements
and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall
constitute a single lot, except that:
(A) Contiguous lots which as of June 7, 1947 were devoted to separate and independent uses shall
constitute separate lots so long as such lots continue to be devoted to separate and independent
uses; or
(B) Contiguous lots which are devoted to uses approved as separate uses under the South Burlington
Land Development Regulations shall constitute separate lots provided such uses are conducted
in compliance with the terms and conditions of the approvals granted; or (C) contiguous lots
which are shown on a plat approved by the South Burlington Development Review Board
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, impervious surfaces, and
swimming pools on a lot, unless otherwise specified in these Regulations. See also ‘building coverage.’
Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and rear
lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines
at right angles to the front lot line, every ten feet and averaging the length of these lines.
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Figure 2-1, Lots, Yards, and Lot Lines
Lot line. A property line of record bounding one lot from another lot or from a public or private street or
any other public or private space.
Lot line, front. The lot line separating a lot from a street right-of-way. Refer to Figure 2-1 for
examples of lot lines for non-standard lots.
Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot line is ten
(10) feet or less in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed
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.
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Lot owner. A lot owner is the record owner of fee title to a lot.
Lot size. See lot area.
Lot width. The distance between the side lot lines, or for a corner lot, between the side lot line and the
intersection of the two front lot lines, measured along a minimum front setback / build-to zone, as
established by these land development regulations. If no setback is required for the lot according to these
land development regulations and neither setback nor build-to zone has been established on a previously
recorded plat or site plan, lot width is the distance between the side lot lines, or for a corner lot, between
the side lot line and the intersection of the two front lot lines, measured along the street right-of-way.
Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installation or
assembly on the dwelling site, which is at least eight (8) feet in width and at least thirty (30) feet in length,
which bears a seal that it was built to the standard pursuant to the “National Manufactured Housing and
Construction Safety Standards Act of 1974,” 42 U.S.C. Sec.5401 et seq., which is placed upon a permanent
foundation which meets the installation and foundation requirements of the State of Vermont, but which
is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than
for the purpose of moving to a permanent site, and which does not have permanently attached to its body
or frame any wheels or axles. A manufactured home shall be connected to required utilities.
Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or
substances into new products including the assembling of component parts, the manufacture of products,
and the blending of materials.
Master deed. A legal instrument under which title to real estate is conveyed and by which a condominium
is created and established.
Master plan. A plan intended to guide the arrangement of developed and undeveloped areas and streets
within a land development project.
Membership association or organization. A group of people organized for a common purpose to pursue
common goals, interests, or activities, usually for social, recreational, or educational purposes. Such
association or organization is usually characterized by certain formal membership qualifications, payment
of fees or dues, regular meetings, and a constitution and/or by-laws. Such associations or organizations
may also be known as clubs, civic, social, fraternal organizations, trade associations, professional
organizations, unions, political organizations, and religious organizations, and may include such groups as
local civic clubs and associations or local chapters of national associations, and fraternal organizations.
Association or organization shall also refer to the land, establishment, or facilities owned, leased,
occupied, and/or operated by the organization. The members of the organization shall have a financial
interest in and method of control over the assets and management of the association or organization.
The building or facility may have accessory uses such as recreational facilities or banquet facilities and
overnight lodging for members but not including the sale of goods and services to the public on the
premises on a regular basis or commercial outdoor recreational or entertainment activities. Associations
or organizations shall not include establishments operated for pecuniary gain, such as tennis or health
clubs.
Mid-block. The segment of a block length that is located a distance from each corner that is equal to at
least 1/3 of the block length.
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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.
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) a certificate of occupancy, certificate of compliance or similar certificate which relates to the permits
or approvals described in (A) or (B) above; or
(D) an amendment of any of the documents listed in (A) through (B) above.
Municipal building. A building or structure owned and operated by a Vermont municipal corporation or
union municipal district to house municipal functions, agencies, or offices, and which may or may not be
open to the general public.
Natural drainage flow. The pattern of surface and stormwater drainage from a particular site before the
construction or installation of improvements or prior to any regarding.
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.
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Nonconforming use. A use of land that does not conform to the present bylaws but did conform to all
applicable laws, ordinances, and regulations prior to the enactment of the present Regulations, including
a use improperly authorized as a result of error by the administrative officer.
Nonconforming structure. A structure or part thereof that does not conform to the present Regulations
but was in conformance with all applicable laws, ordinances and regulations prior to the enactment of the
present bylaws, including a structure improperly authorized as a result of error by the administrative
officer.
Nonconformity. A nonconforming use, structure, lot, or parcel.
Non-point runoff. Surface water entering a stream or drainage way from no definable discharge source.
Not-for-profit organization. An entity organized, managed, and existing as a nonprofit or not for profit
corporation under Title 11B, Chapter 1, of the Vermont Statutes Annotated.
Nuisance element. Any environmental pollutant, such as noise, radioactivity, vibration, glare, smoke,
odor, air pollution, dust, liquid waste, solid waste, or heat.
Nursery. See commercial greenhouse.
Nursing home or convalescent home. See skilled nursing facility.
Office, medical. Any establishment where human patients are examined and treated by doctors, dentists
or other medical professionals but not hospitalized overnight. Medical office may include as an ancillary
use the assembly, fitting, testing and sale of products directly related to the medical service provided in
the same establishment.
Office, general. A building or portion thereof used primarily for conducting the affairs of a business,
profession, service, industry, or government, or like activity, that may include ancillary services for
employees and visitors such as a restaurant or coffee shop, and newspaper/candy stand as permitted by
these Land Development Regulations. This may also be known as a professional building. Building
occupancy may be limited to one tenant or more tenants and/or the building’s owner.
Official Map. The legally adopted Official Map of the City of South Burlington pursuant to subsection 3 of
section 4401 Title 24 VSA Chapter 117, as amended.
Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource
conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation
and civic use, working lands, or local food production. Open space must be of a quality and size that
supports its intended function or use. Open space specifically excludes streets, parking areas, driveways
and other areas accessible to motor vehicles. See also Civic Space, Site Amenity.
Open space, common. Land within or related to a development, not individually owned or dedicated
for public use, which is designed and intended for the common use or enjoyment of the residents or
employees of the development, and may include such complementary structures and improvements
as are necessary and appropriate.
Open space, public. Open space owned in fee or by the City, a public agency, land trust, or non-
profit organization and maintained for the use and enjoyment of the general public, health, safety,
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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.
Operable entrance. An entrance to a building that is useable and accessible to the tenants / owners to
access that portion of the building that is available for their use. An operable entrance may be to an
individual residential or commercial unit, or to some or all of the building. Any such door must be available
for entry and exit. Distances between and average frequency of operable entrances shall be measured
per building.
Outdoor display. An outdoor arrangement of products for sale, together with accompanying display
structure, typically not in a fixed position and capable of rearrangement, and typically with products
brought indoors when the business is closed.
Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or
unregistered vehicles for more than twenty-four hours.
Owner. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or
tenant in the entirety with legal title to the whole or to part of a structure or parcel of land.
Parcel. A lot or tract of land or water that is capable of being described in definitive terms with respect
to its location and boundaries.
Park. Any land owned by the public and open for use by the general public for active or passive
recreational purposes, urban agriculture, or as a refuge for wildlife.
Parking area, facility, or lot. An off-street public or private land area designed and used or intended for
use for the temporary storage of motor vehicles and usually surfaced and improved. Such facility may be
a garage or multi-modal center.
Parking, commercial or private. A parking area owned by a business establishment, membership
association or organization, place of worship, or similar use and made available by the owners or
occupants for the exclusive use of clients, customers, employees, members, owners, tenants, lessees, or
occupants of said business establishment, membership association or organization, place of worship, or
similar use. Such commercial or private parking may or may not exist on the same lot as the principal use.
Parking, public. A municipally-owned parking area available to the public and therefore not for the
exclusive use of the customers or employees of the lot on which the parking area is located. A public
parking facility may or may not require payment of a fee.
Parking, surface. A parking area that is located directly on the ground on a single level.
Parking lane. The portion of the pavement width of a street dedicated primarily to the parking of vehicles,
including striping and gutter pan if present.
Pavement width. The width of the paved portion of a street not including any trails, sidewalks, or pullouts
for transit vehicles.
Performance standards. A set of criteria or limits established by these land development regulations
relating to nuisance elements that a particular use or process shall not exceed.
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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:
(1) 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;
(2) 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
(3) 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 facility. A commercial establishment primarily engaged in providing instruction.
Such instruction may be in any branch of knowledge and may include business schools, trade schools,
vocational schools, drivers’ education, and schools of dance, gymnastics, martial arts, and similar pursuits.
Personal service. An establishment primarily engaged in providing services involving the care of a person
or his or her apparel, such as barber, hairdresser, beauty or nail salon, shoe shine or repair, day spa,
laundromat, or dry cleaner. "Personal service" shall not include establishments providing tattoo or body
piercing services.
Permeable surface. A material that permits full or partial absorption of stormwater into the ground.
Pervious surface. See permeable surface.
Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of their
home by the business owner during normal business hours, with no overnight boarding, training, sale, or
breeding of pets. Includes pet grooming. May or may not include associated outdoor exercise facilities.
Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise
cleaned for the purpose of enhancing their aesthetic value or health, but not including any outdoor
exercise facilities.
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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, City. A municipal development 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 required 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 by the PUD Type.
Planning Commission. The City of South Burlington Planning Commission, created pursuant to
subchapter 2 of Title 24 VSA Chapter 117 and the City Charter.
Plant material. The trees, shrubs, plants, or other ground cover including grass that constitutes the plant
component of landscaping.
Plat. (A) A map representing a tract of land, showing the boundaries and location of individual properties
and streets, or (B) A map of a subdivision.
Plat, final. The final map of all or a portion of a subdivision which is presented to the Development
Review Board for final approval and which, upon approval, shall be recorded with the City Clerk.
Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which is
submitted to the Development Review Board for consideration and preliminary approval.
Plat, sketch. A concept map of a proposed subdivision of sufficient accuracy and detail to be used
for the purpose of discussion with the Administrative Officer or Development Review Board.
Porch: a covered but unenclosed projection from the main wall of a building.
Porch, open: A porch, open on three sides.
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Porch, enclosed: A porch, enclosed on two or more sides by glass, plastic, netting, wire, walls, or
similar temporary or permanent materials at a height above 42 inches from the porch floor, or the
minimum required railing/wall height of the International Building Code, whichever is greater.
Pre-construction grade. See grade, pre-construction.
Preliminary approval. The conferral of certain rights, prior to final approval, after specific elements, as
required in this ordinance, of a development site plan, master plan, planned unit development or
subdivision have been approved by the Development Review Board.
Primary agricultural soils. Soils classified by the Natural Resources Conservation Service as prime or
statewide important soils for agriculture production.
Principal building. A building in which is conducted or is intended to be conducted the main use or uses
of the lot on which it is located.
Principal use. The primary or predominant use of a lot.
Private club. See membership association or organization.
Processing and storage. The storage of materials in a facility where such materials may be combined,
broken down, or aggregated for trans-shipment or storage purposes where the original material is not
chemically or physically changed. Processing and storage is a single term and refers essentially to a
storage and shipment place as opposed to a manufacturing establishment, distribution center, or truck
terminal. Processing and storage shall not include the storage, maintenance or repair of trucks on a site
as a principal or accessory use.
Prohibited use. A use that is not allowed in a zoning district.
Public drainage way. The land reserved, dedicated, or used for the installation of storm water sewers,
swales or drainage ditches, or required along a natural stream or watercourse for preserving the channel
and providing for the flow of water so as to safeguard the public against flood damage, sedimentation,
and erosion.
Public entrance. An entrance to a building that is useable and open to the public during business hours.
Any such door must, at a minimum, be useable and open to the public for entry. Distances between and
average frequency of public entrances shall be measured per building.
Public notice. The form of public hearing notice prescribed by Title 24 VSA Chapter 117, Section 4464.
Public realm. Includes all exterior places, linkages and built form elements that are physically and/or
visually accessible to all members of the general public, during all business hours, or the majority of the
day for residential buildings, regardless of ownership. These elements can include, but are not limited to,
pedestrian ways, bikeways, plazas, nodes, squares, transportation hubs, playgrounds, parks, landmarks
and are typically adjacent to the street or public place. The Public Realm shall be a physical place.
Quasi-public use. A use owned or operated by a non-profit, religious, or charitable institution and
providing educational, cultural, recreational, religious, or other similar types of public programs.
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Rare, threatened or endangered species. A wildlife or plant species identified by the Vermont
Department of Fish & Wildlife as being rare, threatened or endangered.
Recreation facility. A place designed and equipped for the conduct of active and passive sports,
participatory athletic activities, leisure time activities, and other customary and usual recreational
activities. Excluded are facilities intended for spectator activities such as stadiums and arenas.
Recreation facility, indoor. A recreational facility located wholly within an enclosed building(s).
Activities are available on a fee or membership basis primarily for the benefit of persons not residing
on the lot on which the facility is located. Indoor recreation structures may have accessory uses or
structures such as snack bars, locker rooms, and pro shops that are designed and intended for use
by the patrons of the primary use. Examples of such use include but are not limited to public or
private health clubs, tennis or other racquet courts, swimming pools, YMCAs and YWCAs, health or
fitness centers, indoor play areas, training studios for group recreation activities such as martial arts,
gymnastics, and dance, bowling alleys, shooting ranges, roller rinks, rock climbing walls, and other
similar uses.
Recreation facility, outdoor. A commercial recreational facility for activities wholly or partially
outside of any building or structure. Fields, trails, bodies of water, or other land may be used for
recreational purposes. Where permitted, structures may include swimming pools, tennis courts,
skating rinks, playground equipment, storage and accessory buildings, similar facilities, and accessory
uses such as snack bars, pro shops and locker rooms. Examples of outdoor recreation include but
are not limited to public and private golf courses, clubs, swimming pools, tennis courts, ball fields,
ball courts, driving ranges, miniature golf courses, skateboard parks, and other similar unenclosed
recreation activities.
Recreation path. A public path, any portion thereof, either existing or planned, that is used by the general
public for recreation.
Recreational vehicle. A motorized or non-motorized vehicle or piece of equipment usually used or stored
on wheels or used in the water and used for leisure time for camping, boating, and traveling.
"Recreational vehicle" shall include personal watercraft, (e.g. Jetskis).
Redevelopment.
(A) The demolition and reconstruction of a structure or portion of a structure.
(B) For the purposes of stormwater standards within these Regulations, the demolition and
reconstruction of a structure, impervious surface, or portion of a structure or impervious surface.
Religious use or institution. See Place of Worship
Removal. The relocation of a structure from one site to another site, whether intact or in separate pieces.
Repair. Any change to a structure that is not construction.
Required improvements. Capital improvements required by the Development Review Board or Planning
Commission in conjunction with the subdivision or development of land, including without limitation,
monuments, lot markers, streets, curbs, sidewalks, street signs, outdoor lighting, water mains, sanitary
sewers, storm drains, stormwater facilities, fire hydrants, and landscaping.
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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 primarily
permits residential uses. This shall include Low-Scale Neighborhood (LSN), Medium-Scale Neighborhood
(MSN), Queen City Park (QCP), and any other subsequently adopted residential districts.
Resource extraction. The removal or recovery by any means whatsoever of soil, rock, minerals, mineral
substances, or organic substances, other than vegetation, from water or land, on or beneath the surface
thereof, or beneath the land surface, whether exposed or submerged.
Restaurant. An establishment where food and drink is available to the general public. Alcoholic beverages
may or may not be served, but shall only be incidental to the serving of food.
Restaurant, short-order. A restaurant where the principal business is the sale of a limited line of
specialized, pre-prepared or rapidly prepared foods or beverages directly to the customer in a
ready-to consume form and whose operation is characterized by
(A) service of food or beverage principally in containers or in paper, plastic or other disposable
containers or wrappers,
(B) availability of food or beverages for consumption immediately or within a brief period after
ordering, and
(C) insufficient seating facilities within the restaurant building for the total volume of food sold.
Short-order restaurants may also include food delivery services and shall include bakeries and
delicatessens. Additional outdoor seating on a seasonal basis may be permitted in conjunction
with a short-order restaurant, subject to all applicable standards in these Regulations.
Restaurant, standard. A restaurant where the principal business is the sale of foods or beverages
for consumption within the restaurant building and whose operation is characterized by service by
a restaurant employee at the same table or counter at which food or beverage is to be consumed.
Those restaurants principally characterized as standard restaurants but with a substantial take-out,
delivery and/or short order component may be required to meet supplemental parking standards
pursuant to these Regulations. Additional outdoor seating on a seasonal basis may be permitted in
conjunction with a standard restaurant, subject to all applicable standards in these Regulations.
Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public
at retail or wholesale for personal or household consumption or for business use and rendering services
incidental to the sale of such goods. Typically such an establishment
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(A) is a place of business and is engaged in activity to attract the general public to buy,
(B) buys and receives as well as sells merchandise,
(C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such
production or manufacture is incidental and subordinate to the selling activities, and
(D) sells to customers for their own personal, household, or business use. Such an establishment may
have a short order restaurant as an accessory use with the following limitations on the short order
restaurant:
(1) it must be located entirely within the principal structure and with no dedicated exterior entrance
of its own;
(2) it is limited to 3,000 square feet
(3) it is limited to sixteen (16) or fewer indoor seats;
(4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short
order restaurant. A Wholesale Club is considered to be Retail Sales in these Regulations.
Retail warehouse outlet. Retail sales from a warehouse as an accessory use to the principal warehouse
use.
Retaining wall. A structure constructed and erected between lands of different elevations to protect
structures and/or to prevent erosion.
Right-of-way.
(A) A strip of land created by conveyance, reservation, dedication, prescription or condemnation, and
intended to be occupied primarily by a means of access or utilities, as such by road, path, crosswalk,
sidewalk, recreation trail, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary
sewer, storm sewer or drainage, utility line, and other similar uses; or
(B) generally, the right to pass over the property of another.
Runoff. See stormwater.
School. A building or premise or part thereof that is designed, constructed, or used for education or
instruction in a branch of knowledge. The school may be public or private. Such use shall not include
vocational or trade school; these are termed personal instruction facilities.
School, elementary. Any school that meets state standards and requirements for elementary
education.
School, secondary. Any school that meets state standards and requirements for secondary
education.
Seasonal mobile food unit: A short order restaurant that is open for business for only a portion of each
year. Food is customarily consumed partially on and partially off premise. Outdoor seating may consist
of benches, tables, and chairs that are not permanently affixed to the ground. The food unit, along with
all accessory items such as tables, chairs, benches, and dumpsters, are removed from the site at the
expiration of a permit under these regulations. Restrooms are not customarily provided in conjunction
with a seasonal mobile food unit.
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Security identification display area: As defined by 49 Code of Federal Regulations (CFR) §1542 as revised.
Self storage. A structure containing separate, individual and private storage spaces of varying sizes leased
or rented on individual leases for varying periods of time.
Service station. A building, place of business, land area, or other premises, or portion thereof, used or
intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and
including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile
accessories and retail items. Minor repair service may also be rendered. See service station. The free or
retail dispensing of electricity for vehicles within approved on-street or off-street parking spaces shall not
constitute a service station.
Setback. The distance from the nearest portion of a structure to any lot line. For purposes of this section,
a structure shall not include:
(A) eaves, sills, pilasters, gutters, leaders, cornices, chimneys, and roof overhangs provided such features
do not extend more than two (2) feet from the remainder of the structure;
(B) steps to first floor entries provided such features do not extend more than five (5) feet from the
remainder of the structure or front porch as allowed under these regulations;
(C) ramps for the disabled; and
(D) light poles.
Setback(s), front. The required setback from the front lot line.
Setback, rear. The required setback from the rear lot line.
Setback(s), side. The required setback from the side lot line.
Shopping center. A group of two (2) or more retail establishments or restaurants, including all associated
out-parcels (whether or not they have been subdivided from the original tract), having a unified design of
buildings, coordinated parking and service areas, and development plan in accordance with the
requirements of the zoning district in which it is located, and provision for goods delivery is separated
from customer access. The shopping center shall be planned, constructed, and developed and/or
managed as a unified entity. Non-retail uses, such as offices, theaters, and hotels may be included in the
overall development plan provided such uses are approved by the DRB in conjunction with the overall
shopping center.
Short term bicycle parking. Also called bicycle parking. Bicycle parking spaces to accommodate
customers, patients, employees, clients, visitors and those biking to a destination for a limited time.
Shrub. A woody branching plant of relatively low height.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a
pedestrian walkway. The sidewalk may be separated or may directly abut the street, according to
regulations in this ordinance.
Sidewalk, full. A sidewalk running flush with the curb by landscaping provided in tree wells or planters
Sidewalk, ribbon. A sidewalk separated from the curb by a landscaped greenbelt.
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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.
Significant wildlife habitat. Those natural features and resources that contribute to the survival and/ or
reproduction of the native wildlife of South Burlington. Such features and resources include:
(A) Habitat for rare, threatened and endangered species (state or federally listed);
(B) River Corridors as defined in these regulations;
(C) Wetlands and wetland buffers as defined in these Regulations;
(D) Habitat Blocks, and
(E) Habitat Connectors.
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 amenity. A civic space or private space dedicated for use by the public or users of a building or group
of buildings. Site Amenity types are defined by the combination of certain physical constants including
the relationships among their intended use, their size, their landscaping and their adjacent features such
as streets, buildings, and/or natural areas.
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 13.05(E) or by providing control and/or treatment for impervious surfaces that are
not otherwise required to meet the requirements of 13.05(E). 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.
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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.
Steep slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and
25% containing a vertical drop of at least three (3) feet. Any such land formations that are human-made
and previously permitted by the City, as shown on an approved site plan or other permit documentation,
shall not be considered, and are excepted from the definition of “steep slopes”.
Steep slopes, very. Any land formation, aside from individual rocks, with a calculated slope of over
25% containing a vertical drop of at least three (3) feet. Any such land formations that are human-
made and previously permitted by the City, as shown on an approved site plan or other permit
documentation, shall not be considered, and are excepted from the definition of, “very steep slopes”.
Stoop. A building entry facing a street, civic space, or courtyard with the first story elevated from the
sidewalk for privacy, with an exterior stair and landing at the entrance.
Stormwater. The portion of precipitation and snowmelt that flows across ground surfaces and is
eventually returned to a waterbody such as a river, stream, pond, or reservoir.
Story. That part of a building above ground level between a floor and the floor next above. If there is no
floor above it, then the space between the floor and the roof or ceiling next above it. Story shall include
basements and not cellars. An intermediate floor between the floor and ceiling of any story shall be
deemed a mezzanine and shall not be counted as a story unless the total of all mezzanine areas exceeds
five thousand square feet (5,000 SF) or one-third of the area of the floor immediately below it, whichever
is less. A basement shall be considered as a story where the finished surface of the floor above the
basement is:
(A) More than four (4) feet above the average pre-construction level of the adjoining ground, or
(B) 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.
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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.
Stream, intermittent. Streams with a drainage area smaller than 0.5 square miles that are not
subject to the River Corridor regulations. This definition shall not include ditches and other
constructed channels primarily associated with land drainage or water conveyance.
Street. A way primarily for vehicular travel that
(A) is an existing state, county, or municipal roadway; or
(B) is shown upon an approved and recorded plat approved pursuant to law; or
(C) is approved by other official action. A street shall include all land between the street lines (also
known as the boundary lines of the right-of-way), whether improved or unimproved. The word
“street” shall be equivalent to the words “road” or “roadway.”
Street, arterial. A public street that is used or will be used primarily for through traffic flow. These
streets are designated in the transportation chapter of the City Plan.
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 City Plan.
Street, local. A street used primarily for direct access to property and not for through traffic flow.
These streets are all those not designated as arterial or collector.
Street, private. A private street is any street providing access to one or more parcels of land that is
not intended to be accepted for ownership by the City. The dimensional standards, including width
of the right of way and roadbed, and method of connection to public streets, are determined by the
City. A private street is expected to meet the standards determined by the City and shall not be
confused for an access drive, driveway or the specifications thereof.
Street, public. A right-of-way or fee simple tract of land which has been set aside for public travel,
dedicated to the City by the recording of a subdivision plat or irrevocable offer of dedication, built to
public street standards, and eligible for ownership by the City of South Burlington or other public
entity.
Street furniture. Objects placed along a street for public use, such as benches, waste bins, etc.
Street orientation. The direction of the front façade of a structure in relation to the street.
Street line. The outer boundary of a street right-of-way.
Street type. Title, function and requirements for design of street rights-of-way.
Street right-of-way. Any right-of-way that is either:
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(A) Public: set aside for public travel which is accepted or eligible to be accepted for ownership by the
City of South Burlington or the State, if so authorized; or has been dedicated for public travel by the
recording of a plat or a subdivision which has been approved or is subsequently approved by the City
of South Burlington; or has otherwise been established as a public street prior to the adoption of
these land development regulations; the right-of-way for a public street. Or
(B) Private: set aside to allow travel and access between one or more parcels of land and a public street,
the dimensions of which shall be depicted clearly on a plat or plan approved or subsequently
approved by the City and recorded or proposed to be recorded in the land records and which is not
intended to be, and will not be, accepted for ownership by the City of South Burlington; the right-of-
way for a private street.
Structure. Any construction, erection, assemblage or other combination of materials upon the land,
including but not limited to, buildings, mobile homes, swimming pools, tennis courts, antennas, satellite
dishes, utility sheds, trailers, billboards, signs, walls or fences (except a wall or fence on an operating
farm). A structure may be erected for use, occupancy, or ornamentation, and the use of which requires
permanent or temporary location on, above, or below the surface of the ground or water. By definition,
all buildings are structures, but not all structures are buildings. The term “structure” shall not include
paved surfaces such as parking areas, sidewalks, and patios.
Subdivider. Any person, firm, corporation, partnership, or association, who shall lay out for the purpose
of sale or development any subdivision or part thereof as defined herein either for himself or others. The
term shall include an applicant for subdivision approval.
Subdivision.
(A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions
of land for sale, development, or lease. The term subdivision includes amended subdivision and, as
appropriate in these regulations, shall refer to the process of subdividing land.
(B) Division of land such as for minor realignment of property boundary lines of pre-existing lots, for
municipal purposes which conform to the City 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.
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, before the improvement or repair is started, or if the structure or property has been damaged and
is being restored, before the damage occurred. For the purpose of this definition, substantial
improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include either
(A) any project for improvement of a structure to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living conditions, or
(B) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of
Historic Places.
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
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management activities on impervious surfaces including any crack sealing, patching, cold planing,
resurfacing, or reclaiming treatments used to maintain pavement and bridges, or grading treatments used
to maintain unpaved roads.
Supermarket or grocery store. See retail food establishment.
Swimming pool. An artificial body of water or receptacle for water and constructed, installed, or
maintained in or above ground.
Tavern. See bar.
TDR. Transfer of Development Rights or Transferrable Development Rights.
Technical deficiency. A defect in a proposed plan or bylaw, or an amendment or repeal thereof which
does not involve substantive change to the proposal, including but not limited to corrections to grammar,
spelling and punctuation, as well as the numbering of sections.
Townhouse or rowhouse. See dwelling.
Tract. An area, parcel, site, piece of land, or property that is the subject of a development application.
Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials, goods
or objects, or is used as a temporary office. Trailers shall be allowed on a work site as temporary offices
provided any such temporary location has received necessary approvals.
Travel lane. The portion of the pavement width of a street dedicated primarily to the movement of
vehicles in one track of travel including striping if present.
Telecommunications. The transmission and reception of audio, video, data, and other information by
wire, radio frequency, light, microwave, and other electronic or electromagnetic systems.
Telecommunications tower. A structure on which transmitting and/or receiving antenna(e) are located.
Such antenna(e) may be used for commercial, industrial, municipal, county or state telecommunication
purposes. Such structure may be a purpose-built free-standing tower, guyed tower, monopole,
camouflaged or “stealth” design tower, a roof with mounted antenna(e), or any building façade of steeple,
water tower, silo, sign, or other similar structure.
Transferable development rights. The development potential of a parcel of land assigned by these
regulations which may be severed from a parcel (the sending parcel) and which may be transferred to and
used on another parcel (the receiving parcel), as defined in 24 V.S.A. section 4423, as amended from time
to time.
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.
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Transect zone unit. Within a Transect Zone, a unit shall be considered as 1,500 sq. ft. gross floor area
(GFA) (regardless of the number of bedrooms or use) for the purposes of calculating minimum density.
All new dwelling units less than 1,500 sq. ft. GFA shall equal the proposed new unit GFA sq. footage
divided by 1,500, for example: 750 sq. ft. shall be considered ½ unit. A new structure or proposed square
footage of 1,501 sq. ft. GFA or larger shall be considered (proportionately) more than one unit; for
example, 3,000 sq. ft. GFA of new or proposed construction shall be considered two units. Units per acre
allowances shall use this standard.
• In T-5 and T-4 micro-units (for affordability purposes 200 sq. ft. to 500 sq. ft.) shall be allowed
and encouraged.
• In T-3 cottage housing/starter houses (houses under 1200 sq. ft. or less than one unit) is
encouraged.
Transect Zone Subdivision. A subdivision of land within a Transect Zone.
Undue adverse impact. An impact that 1) violates a clear, written community standard under these
regulations, and that 2) cannot be mitigated through siting or design modifications or conditions of
approval.
Urban agriculture. The use of land and structures within or on the edge of an urban or suburban area to
produce, process, and market food and fuel, primarily for local consumption. Characterized by intensive
production methods on relatively small sites as compared to traditional farming. May include but not
limited to: greenhouses; rooftop gardens; community gardens; backyard poultry, bees, or other livestock.
Use. The specific purpose or activity for which a structure, building, or land is or may be designed,
arranged, designated, or intended or for which a structure, building, or land is or may be occupied and
maintained. The term "permitted use" or its equivalent shall not be deemed to include any
nonconforming use.
Utility, private or public.
(A) Any person, entity, agency, or establishment which, under public franchise or ownership, or under
certificate of convenience and necessity, generates, transmits, distributes, and/or provides the
public with utility services such as electricity, gas, heat, steam, communication, transportation,
water, sewage collection, cable television, telephone, or other similar service, or
(B) a closely regulated private enterprise with a franchise for providing a public service. Such services
include the erection, construction, alteration, or maintenance of underground, surface or overhead
transmission and collection systems, and the equipment and appurtenances necessary for such
systems to furnish an adequate level of public service.
Utility cabinet. This generic term shall encompass electric transformers, switch boxes, telephone
pedestals and telephone boxes, cable television boxes, traffic control boxes, accessory
telecommunications transmission equipment and storage sheds, substation, or communication relay
station, and similar devices.
Vacancy. Any unoccupied land, structure, or part thereof that is available and suitable for occupancy.
Vested right. The right to undertake and/or to complete a development and use of property under the
terms and conditions of an approved subdivision plat or site plan.
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Veterinary hospital. An establishment where animals are given medical care and the boarding of animals
is limited to short-term convalescent care related to medical treatment. May include pet grooming
services accessory to medical care. May or may not include associated outdoor exercise facilities as
allowed and regulated in Article 14.11J.
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 used to 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. Wetlands are classified as Class I, Class II, or Class III wetlands by the most recently
adopted Vermont Wetland Rules.
Wholesale club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail
sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for
personal or household consumption or for business use. The patronage of a wholesale club is typically
restricted by a membership requirement.
Wholesale establishment. An establishment or place of business primarily engaged in selling goods,
products, material, and merchandise stored on the premises to retailers or persons who are the
intermediaries between the producer and the consumer; to industrial, commercial, institutional or
professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. Under these Regulations, this definition of
Wholesale establishment specifically excludes the Wholesale Club use. A Wholesale Club shall not be
considered to be a Wholesale establishment.
Window head: The upper transverse member of a window.
Window head height: Height of a window head measured from the floor of the building’s story.
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Window sill: The horizontal member at the bottom of a window opening.
Working land. Land that is used for farming or forestry.
Yard. An area on a lot that lies between the principal or accessory building or buildings and the nearest
lot line, and is unoccupied and unobstructed from the ground upward to the sky by any structure or
portion thereof except as permitted by these land development regulations. Fences, walls, poles, posts,
and other customary yard accessories and ornaments may be permitted in any required yard, subject to
height limitations. A required yard is that portion of a yard meeting the minimum yard requirements of
the applicable zoning district. [See Also Figure 2-1, Lot Lines and Yards]
Yard, front. A yard extending the full length of the front lot line and situated between the front lot
line and the front of the principal building at its farthest point from the front lot line. Each yard that
abuts a front lot line shall be deemed a front yard.
Yard, rear. A yard extending across the full length of the rear lot line and situated between the rear
lot line and the back of the principal building at its farthest point from the rear lot line. In the case
of a through lot or corner lot, there shall be no rear yard, but only front and side yards.
Yard, side. A yard extending along the full length of the side lot line and situated between the side
lot line and the side of the principal building at its farthest point from the side lot line, but excluding
any area encompassed within a front yard or rear yard. In the case of a through lot or corner lot,
there shall be no rear yard, but only front and side yards. See Figure 2-1.
Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides
rests directly on a lot line.
Zoning district. A specifically delineated area or district within the corporate limits of the City of South
Burlington for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk
of buildings and premises are uniform. This is also known as a zone.
Zoning map. The Zoning Map or Maps of the City of South Burlington, Vermont, together with all
amendments subsequently adopted, which are part of these Land Development Regulations and which
delineate the boundaries of the zoning districts. Also includes any Form Based-Codes District Map and
associated designated Street Types.
Zoning permit. A document signed by the Administrative Officer, as required in these Regulations, as a
condition precedent to the commencement of a use or the erection, construction, reconstruction,
restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such
use, structure, or building complies with the provisions of the Regulations or authorized variance.
2.03 Definitions for Flood Hazard and River Corridor Purposes
The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District.
Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the
purposes of this bylaw.
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Associated transportation and utility networks. Those transportation and utility networks connected to
a bridge, culvert, or utility for the purpose of crossing a river or stream and do not include transportation
or utility networks within the river corridor that merely run parallel to a river or stream.
Average grade level. The average of the natural or existing topography at center of all exterior walls of a
building or structure to be placed on site.
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.
Basement. Any area of a building having its floor elevation below ground level on all sides, including
crawlspaces.
Channel. An area that contains continuously or intermittently flowing water that is confined by banks
and a streambed.
Common plan of development. Where a structure will be refurbished or constructed over a period of
time under one approved plan or permit, but in separate stages, phases, or in combination with other
construction activities. Such work might be planned unit by unit and may take place at different times, or
on different schedules.
Critical facilities. Facilities that are vital to public health and safety – includes police stations, fire and
rescue facilities, hospitals, public and private schools, shelters providing temporary housing assistance,
assisted living facilities, congregate care facilities, and skilled burning facilities.
Designated center. A downtown, village center, new town center, growth center, or neighborhood
development area designated pursuant to 24 V.S.A. Chapter 76A.
Development. Any human-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
Encroachment. Activities or construction including fill, substantial improvements, and other development
that may cause an increase in flood levels.
Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream channel
that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner
that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the
channel bed elevation.
Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or
diminishes the flood storage capacity at the site. Temporary storage of materials for less than 180 days is
not considered fill.
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Flood.
(A) A general and temporary condition of partial or complete inundation of normally dry land areas from:
the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters
from any source; and mudslides which are proximately caused by flooding and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a
current of water and deposited along the path of the current;
(B) The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in flooding.
Flood hazard. Those hazards related to damage from flood-related inundation or erosion.
Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.
“Area of special flood hazard” is synonymous with the term “special flood hazard area.”
Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and the risk premium zones applicable
to the community. In some communities the hazard boundaries are available in paper, pdf, or Geographic
Information System formats as a Digital Flood Insurance Rate Map (DFIRM).
Flood insurance study. An examination, evaluation and determination of flood hazards and, if
appropriate, the corresponding water surface elevations or an examination, evaluation and determination
of mudslide (i.e., mudflow) and /or flood related erosion hazards.
Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source
(see definition of “flood”).
Flood proofing. Any combination of structural and non-structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more
than one foot at any point. Please note that Special Flood Hazard Areas and floodways may be shown on
a separate map panels.
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Illustration of Floodway and Special Flood Area
Floodway, regulatory in the City of South Burlington. The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot at any point.
Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a river.
Fluvial erosion is most likely to occur within the river corridor.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water.
Grading. The movement or replacement of topsoil or other material originating on the site and within
the flood hazard area. Grading results in minor or no changes in topographic elevations. If new material
is brought from outside the flood hazard area and such new material is not offset with an equal or greater
removal of material from the portion of the site within the flood hazard area, the new material shall be
considered “fill” and shall not be considered grading.
Historic structure. Any structure that is:
(A) Listed individually in the National Register of Historic Places (a listing maintained by the Department
of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
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(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:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
Infill development. A construction, installation, modification, renovation, or rehabilitation of land,
interests in land, buildings, structures, facilities, or other development in an area that was not previously
developed but is surrounded by existing development.
Letter of map change (LOMC). A letter issued by FEMA officially removing a structure or lot from the
flood hazard area based on information provided by a certified engineer or surveyor. This is used where
structures or lots are located above the base flood elevation and have been inadvertently included in the
mapped special flood hazard area. A LOMC can include a Letter of Map Amendment (LOMA), Letter of
Map Revision (LOMR), Letter of Map Revision based on Fill (LOMR-F), or a Letter of Map Revision for a
Floodway (LOMR-FW).
Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than
a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as
to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
Manufactured home (or mobile home). A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.
National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter 50
and implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program
aims to reduce the impact of flooding on private and public structures. It does so by providing affordable
insurance to property owners in communities that adopt and enforce floodplain management regulations.
These efforts help mitigate the effects of flooding on new and improved structures.
Natural and beneficial floodplain functions. The functions associated with the natural or relatively
undisturbed floodplain which include moderating flooding, retaining flood waters, and reducing erosion,
sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem
services such as wildlife habitat, water quality, and recharge of ground water.
New construction. Structures for which the start of construction commenced on or after the effective
date of the floodplain management regulation and/or River Corridor regulations adopted by the
community and includes any subsequent improvements to such structures.
Non-residential. Uses not defined as “Residential Use” in Section 2.02.
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Public water access. A public access to a water of the State and, except for toilet facilities, shall not
include structures as defined in this bylaw.
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 temporary living quarters for
recreational, camping, travel, or seasonal use.
Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land,
interests in land, buildings, structures, facilities, or other development in a previously developed area.
The term includes substantial improvements and repairs to substantially damaged buildings.
Replacement structure. A new building placed in the same footprint as the pre-existing building and does
not include a change in use.
River. The full length and width, including the bed and banks, of any watercourse, including rivers,
streams, creeks, brooks, and branches which experience perennial flow. “River” does not mean
constructed drainageways, including water bars, swales, and roadside ditches.
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River corridor. The land area adjacent to a river that is required to accommodate the dimensions, slope,
planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or
natural restoration of dynamic equilibrium conditions and for minimization of fluvial erosion hazards, as
delineated by the Vermont Agency of Natural Resources in accordance with river corridor protection
procedures. (10 V.S.A. § 1422).
Illustration of River Corridor
Special flood hazard area. The floodplain within a community subject to a 1 percent or greater chance of
flooding in any given year. For purposes of these regulations, the term “area of special flood hazard” is
synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A,
AO, AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by the Federal
Emergency Management Agency. Maps of this area are available for viewing in the municipal office or
online from the FEMA Map Service Center: msc.fema.gov. Base flood elevations have not been
determined in Zone A where the flood risk has been mapped by approximate methods. Base flood
elevations are shown at selected intervals on maps of Special Flood Hazard Areas that are determined by
detailed methods. Please note, where floodways have been determined they may be shown on separate
map panels from the Flood Insurance Rate Maps.
Start of construction. For purposes of floodplain management, determines the effective map or bylaw
that regulated development in the Special Flood Hazard Area. The “start of construction” includes
substantial improvement, and means the date the zoning permit was issued provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within
180 days of the 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
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installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless whether that
alteration affects the external dimensions of the building.
Storage. The aggregation of materials, items, or objects whether natural or human-made; that is kept as
a stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory
may change, but where the general footprint of the stored materials continues to be used for the same
purpose; whether set upon the land or within a container, structure, or facility; and that would not
otherwise be in compliance with these development standards.
Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a
manufactured home, and any related built systems, including gas or liquid storage tanks.
Substantial damage. In Floodplain Overlay District Zones A, AE, and A1-30, 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.
In Floodplain Overlay District Zones 0.2% B1 and B2, damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 100
percent of the market value of the structure before the damage occurred.
Substantial improvement. In Floodplain Overlay District Zones A, AE, and A1-30, any repair,
reconstruction, rehabilitation, addition, or other improvement of a structure after the date of adoption
of this bylaw, the cost of which, over three years, or over the period of a common plan of development,
cumulatively equals or exceeds 50 percent of the market value of the structure before the “start of
construction” of the improvement.
In Floodplain Overlay District Zones 0.2% B1 and B2, any repair, reconstruction, rehabilitation, addition,
or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three
years, or over the period of a common plan of development, cumulatively equals or exceeds 100 percent
of the market value of the structure before the “start of construction” of the improvement.
This term includes structures which have incurred “substantial damage”, regardless of the actual repair
work performed. The term does not, however, include either:
(A) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been previously identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions or
(B) Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s
continued designation as an “historic structure”.
Top of bank. The point along a streambank where an abrupt change in slope is evident, and where
the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at
or exceeding the average annual high-water stage.
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Top of slope. A break in slopes adjacent to steep-banked streams that have little or no floodplain; or
a break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains
that have been abandoned or are undergoing abandonment.
Illustration of Top of Slope
Violation. The failure of a structure or other development to be fully compliant with this bylaw. A
structure or other development without the elevation certificate, other certifications, or other evidence
of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation
is provided.
Watercourse. Any perennial stream and shall not include ditches or other constructed channels primarily
associated with land drainage or water conveyance through or around private or public infrastructure.
Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or provide
resistance to damage from flooding by allowing water to enter the structure in accordance with Technical
Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503
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3 GENERAL PROVISIONS
3.01 Establishment of Districts and Description of Certain Districts
3.02 Official Map, Overlay District Maps, and Other Maps
3.03 District Boundaries
3.04 Applicability of Regulations
3.05 Lots
3.06 Existing and Planned Rights-of-Way; 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 Accessory Dwelling Units
3.12 Home Occupations
3.13 Group Homes and Residential Care Homes
3.14 Registered and Licensed Family Child Care Homes
3.15 Nonconformities
3.16 General Performance and Maintenance Standards
3.17 Reasonable Accommodation to Ensure Reasonable Access to Housing
3.18 Residential and Commercial Building Energy Standards
3.19 On-Site Solar Photovoltaic Systems
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 bylaw also contains provisions for overlay districts and a floating district.
(1) Residential Districts.
LSN Low-Scale Neighborhood
MSN Medium-Scale Neighborhood
QCP Queen City Park
NRP Natural Resources Protection
(2) Commercial Districts.
HSMU Higher-Scale Mixed-Use
C1-AUTO Commercial 1 with Automobile Sales District
C1-AIR Commercial 1 with Airport-Related Uses District
C1-LR Commercial 1 with Limited Retail District
C2 Commercial 2 District
(3) Industrial and Airport Districts.
IC Mixed Industrial and Commercial District
AIR Airport District
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I-O Industrial and Open Space District
(4) Other Districts.
IA Institutional and Agricultural District (includes IA-North and IA-South)
PR Park and Recreation District
MU Municipal District
(5) Overlay Districts. The following overlay districts are shown on the Overlay Districts Map:
Floodplain Overlay District
Scenic View Protection Overlay District
Interstate Highway Overlay District
Transit Overlay District
Urban Design Overlay District
River Corridor Overlay District
Habitat Block Overlay District
Habitat Connector Overlay District
(6) City Center Form Based Codes Districts.
T-1 Transect Zone 1
T-3 Transect Zone 3-City Center
T-3+ Transect Zone 3 Plus-City Center
T-4 Transect Zone 4 Urban Multi-Use
T-5 Transect Zone 5 City Center
B. Description of Certain Districts.
(1) Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall include those
areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and 0.2%) in and on the
most current flood insurance studies and maps published by the Department of Homeland Security,
Federal Emergency Management Agency, National Flood Insurance Program, as provided by the
Secretary of the Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753, which are
hereby adopted by reference and declared to be part of these regulations. Zone 0.2% has been
further divided into Zone B1 and Zone B2 on the Hazards and Level II Natural Resources Maps,
respectively. The location of the boundary shall be determined by the Administrative Officer (AO).
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones 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 District Zones 0.2% B1 and B2. The boundaries of these Zones include those
areas of special flood hazard designated in and on the above referenced studies and maps as
Zone 0.2%, and are separated into a zone that reflects generally developed and priority
development areas, and a zone that reflects generally undeveloped areas.
(2) 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 Burlington International
Airport Master Plan most recent update.
(3) River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall include
those areas mapped as Statewide River Corridors in the City of South Burlington, Vermont, as
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published by the Agency of Natural Resources (ANR) including refinements to that data based on
field-based assessments which are hereby adopted by reference. On perennial streams with a
watershed size greater than half a square mile for which River Corridors are not mapped, the
standards in I Development Standards of Section 12.07 River Corridor Overlay District shall apply to
the area measured as 50 feet from the top of the stream bank or slope.
(4) Habitat Block Overlay District. The boundaries of the Habitat Block Overlay District shall include
those areas mapped as the Habitat Blocks on the Habitat Blocks and Habitat Connectors Map.
(5) Habitat Connector Overlay District. The boundaries of the Habitat Connector Overlay District shall
include those areas mapped as Habitat Connectors on the Habitat Blocks and Habitat Connectors
Map.
3.02 Official Map, Overlay District 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 a component of these Land Development Regulations.
B. Overlay Districts Maps 1 and 2.
The Overlay Districts Maps describe the different and separate overlay districts of the City of South
Burlington set forth in Section 3.01. The Overlay Districts Map 2 is a component of these Land
Development Regulations.
C. City Center Form Based Code.
Primary and Secondary Streets, and Block Standard Applicability Map. This map shows the applicable
Transect zone, primary and secondary streets, and block standard applicability within the City Center Form
Based Code (Article 8).
D. Natural Resources Map.
The Natural Resources Map identifies Hazards and Level II Resources, where mapping exists, that are
subject to the restrictions set forth in Article 12 of these regulations where mapping exists. Delineations
of boundaries of each resource are established within the applicable Article 12 Section.
E. Habitat Block and Habitat Connector Overlay Districts Map.
The Habitat Blocks and Connectors Overlay District Map designates and establishes the boundaries of
Habitat Block and Habitat Connector Overlay Districts that are subject to the standards and restrictions
set forth in Sections 12.04 and 12.05 of these regulations.
F. [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.
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(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.
(2) Boundaries indicated as approximately following the center lines of streets or highways shall be
construed to follow such center lines.
(3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such
lot lines.
(4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the
railroad right-of-way.
(5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in
the event of change in the shore line such boundaries shall be construed as moving with the actual
shore line.
(a) 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.
(b) 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.
3.04 Applicability of Regulations
A. Area, Density, and Dimensional Requirements.
Except where the text of these Regulations provides otherwise, the size and dimension of lots and yards,
lot coverage, and density for all districts, except floating and overlay districts, shall be as shown in Table
C-2, Dimensional Standards.
B. Minimum Requirements.
In their interpretation and application, the provisions of these regulations shall be held to be the minimum
requirements for the promotion of the public health, safety, and welfare.
C. Primacy of Land Development Regulations.
Where these regulations impose a greater restriction than imposed or required by other provisions of law
or by other laws, rules, regulations, resolutions or ordinances, the provisions of these regulations shall
control.
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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.
H. Limitations on Authority.
These regulations apply to all proposed land development, except as limited by the provisions of 24 V.S.A.
§ 4413. For example, Habitat Block and Habitat Connector designations are subject to the limitations in
24 V.S.A § 4413(a) for uses enumerated therein and proposed by entities such as the State of Vermont,
the City of South Burlington, the Champlain Water District, or the University of Vermont. This subsection
is intended to provide notice of existing limitations on these regulations and is not intended to impose
any limitations beyond those already imposed by 24 V.S.A. § 4413. This language is repeated on the
Habitat Block and Habitat Connector Overlay District map.
I. Undue Adverse Effect.
Where the terms Undue Adverse Effect or Undue Adverse Impact are used in these Regulations, the
Development Review Board shall apply the test enumerated in Figure 3-0, Determining Undue Adverse
Effect:
Figure 3-0: Determining Undue Adverse Effect
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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.
No land development may be permitted on lots which do not have either frontage on a public road or
public waters, unless such lots have access to a public road or waters by a permanent easement or right-
of-way at least ten (10) feet in width.
(1) Required Information. Applications shall include a plan drawn to scale showing boundaries of all
properties crossed by and to be served by the proposed private right-of-way, dimensions and grades
of the right-of-way, point of access onto a public street, and other information as the Administrative
Officer or Development Review Board may require.
(2) Conditions of Approval.
(a) The Development Review Board may require a right-of way wider than the ten (10) foot
minimum if it is to serve more than one (1) lot.
(b) The Development Review Board may impose conditions to ensure 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.
(c) 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.
The following test shall be used by the Development Review Board in all circumstances when the South
Burlington Land Development Regulations requires the Development Review Board to determine whether
or not a project will have an undue adverse effect.
1. First, the Development Review Board shall determine if a proposed project will have an adverse effect upon the
resource, issue and/or facility in question. The Development Review Board shall determine such by responding
to the following question:
(a) Will the project have a detrimental impact upon the resource, issue and/or facility in question?
2. If it is determined by the Development Review Board that a project will have an adverse effect, the Development
Review Board shall then determine if the adverse effect is “undue.” To determine whether or not an adverse
effect is undue, the Development Review Board shall respond to the following two questions:
(a) Will the project conflict with a clear, written standard in these regulations or the Municipal Plan applicable
to the resource, issue or facility in question?
(b) Can the detrimental impact be avoided through site or design modifications, or mitigation, or other
conditions of approval?
The Development Review Board shall conclude that adverse effect is “undue” if the answer to 2(a) is YES
OR the answer to 2(b) is NO.
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No lot shall be created without a minimum of 30-ft of frontage on a public road unless accessed by
permanent easement or ROW and approved under 3.05(B).
D. Existing Small Lots.
Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from
surrounding properties, and is 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 the small lot no longer
conforms to the minimum lot size requirements of these Regulations.
(1) However, development is prohibited on a lot not served by and able to connect to municipal sewer
and water service if either of the following applies:
(a) the lot is less than one-tenth acre in area; or
(b) the lot has a width or depth dimension of less than 30 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 Existing and Planned Rights-of-Way; Setbacks; and Buffers
A. General Provisions.
The size and dimensions of setbacks shall be as indicated in Table C-2, Dimensional Standards, unless
otherwise provided in these Regulations.
B. Arterial and Collector Streets.
(1) Existing and Planned Rights-of-Way. Table 3-1 indicates estimated existing and planned street rights-
of-way (ROW). For any proposed redevelopment project adjacent to a street in this Table, the
relevant front property line shall be measured from the Planned Street ROW. Where the Planned
Street ROW exceeds the Existing Street ROW, one half of the difference shall be assigned to each
side of the street unless the Development Review Board finds that the street is not centered in its
current ROW.
Table 3-1:Existing and Planned Streets Rights-of-Way
Street Existing Estimated Street
ROW (feet)
Minimum Planned Street
ROW (feet)
Airport Drive 66 80
Airport Parkway 66 66
Allen Road 66 66
Dorset Street, north of Swift 66 100
Dorset Street, south of Swift 66 66
Hinesburg Road 66 80
Kennedy Drive 100 100
Kimball Avenue 100 100
Market Street 80 80
Patchen Road 66 66
Shelburne Road 100 100
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Spear Street 66 66
Swift Street 50 66
Williston Road, east of the Hinesburg
Road-Patchen Road intersection
66 90
Williston Road, from the Hinesburg-
Patchen Road intersection west
66 100
(2) For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet from
the edge of the planned street right-of-way.
Table 3-2: Streets Requiring a Minimum 50’ setback
Street
Allen Road
Hinesburg Road, south of I-89
Kennedy Drive
Spear Street, south of I-189
(3) Planned Arterial and Collector Streets. Planned public arterial and collector streets, as designated
by the Development Review Board, shall be subject to the provisions of this Section 3.06 and any
frontage requirements.
C. Yards Abutting a Planned Street.
Yards abutting a right-of-way designated for a planned public street shall have a minimum setback equal
to the front setback requirement for the district in which the lot exists, unless the yards abut any of those
streets listed in above, in Section 3.06(B)(2) in which case the minimum setback shall be fifty (50) feet
from the edge of the planned street right-of-way.
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 these Regulations 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 twenty-five (25) feet from the intersection.
F. Structures Requiring Setbacks.
Except as specifically provided elsewhere in these Regulations, front, side, and rear setback provisions
shall apply to all structures, except for fences.
G. Reserved
H. Front Setback Area Landscaping 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
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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. Setback and Buffer Strip Adjacent to Residential District Boundaries.
(1) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building
located wholly or primarily in a non-residential zoning district shall retain a setback of not less than
sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a
Master Plan or Planned Unit Development.
(2) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback
in subsection (a) shall be installed and 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.
(3) 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) or
(2) above, and may approve a modification of the width of the required setback and/or landscaped
buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping
and/or fencing to be provided adjacent to the boundary of the residential district will provide
equivalent screening of the noise, light and visual impacts of the new non-residential use to that
which would be provided by the standard setback and buffer requirements in (1) above. However in
no case may the required side or rear setback be reduced below the standard requirement for the
zoning district in which the non-residential use is located.
J. Additional Encroachment into Setback.
(1) Subject to DRB Approval. Within the LSN and MSN Districts, encroachment of a structure into a
required setback beyond the limitations set forth Appendix C 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. No such additional encroachment shall be approved unless the Development
Review Board finds that the proposed encroachment will not have an undue adverse effect on:
(a) views of adjoining and/or nearby properties or principal buildings located thereon;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on-site parking; and
(d) safety of adjoining and/or nearby property.
(2) Processing of a Request. Any request under this section to expand an existing structure, or place a
new structure, less than five (5) 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.
K. Front Setback for Front Decks and Porches
An open porch or deck that shall not exceed the width of the building face to which the porch or deck is
attached and that shall not have a depth greater than 12 feet as measured from the building face, shall
have a minimum front setback of 7 feet. Access steps not greater than 5 feet in width may project no
more than 5 feet in front of the porch or deck, but in no case shall be located closer than 2 feet from the
front property line.
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An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of the
principal building and subject to standard front setbacks.
L. Side Setbacks for attached Dwelling Units.
Side setbacks do not apply to lot lines co-existent with shared/party walls between attached dwelling
units.
3.07 Height of Structures
A. General Provisions.
Structures in all districts shall comply with the height standards presented below in this section. The
requirements of Table C-2, Dimensional Standards, and of Building Envelope Standards in Article 8, City
Center Form Based Code, shall apply. Maximum allowable building heights are illustrated in Figure 3-1,
Height of Structures.
B. Stories.
The requirements of Table C-2, Dimensional Standards, shall apply.
(1) Where a roofline story is placed on a building that contains or is planned to contain the maximum
permitted number of stories below the roofline, the following conditions shall apply:
(a) dormers on such story shall not exceed the height of the roof peak, and
(b) the total width of the dormers on any single side does not exceed thirty-three percent (33%) of
the horizontal distance of the roof line along that side. Vertical extensions that exceed thirty-
three percent (33%) of the horizontal width (i.e., shed 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 Low Scale Neighborhood (LSN) and Queen City Park districts, the total number of stories for
any given structure shall not be more than one (1) greater than that of any principal structure on an
abutting lot within the same zoning district, without regard to public rights-of-way. A principal
structure on an abutting lot that is more than 150 feet from the subject structure shall be excluded
from calculation.
(3) In the HSMU, C2, C1-Auto, C1-Air, and C1-LR districts:
(a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in the
LSN District. However, for each 75’ of separation from said building in the LSN, the proposal
building may increase in height by 1 story, up to the allowable maximum height.
(b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet
in floor-to-floor height.
C. Maximum Height.
Except as allowed in this Section 3.07, the requirements of Table C-2, Dimensional Standards, and Article
8, Form Base Code Standards, shall apply.
(1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height
greater than that permitted in these Regulations, such approved maximum height shall remain in
effect.
D. Waiver of Maximum Height Requirements.
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(1) Larger Rooftop Apparatus. Larger 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) I-A, PR, MU, and AIR Districts.
(a) Except within a Planned Unit Development, an applicant may seek approval from the
Development Review Board for the height of one or more structures to exceed the limitation set
forth in Table C-2 for structures within these zoning districts. Within a Planned Unit
Development, the ability of an applicant to seek approval for a structure to exceed the limitation
in Table C-2 is established by PUD type.
(b) Submittal requirements. Any request for additional height shall be made in writing at the time
of application for a Site Plan. The request must 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, and any supplemental information the Development Review
Board deems necessary in order to render a decision.
(c) Standards of Review.
(i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and,
(ii) Demonstration that the proposed structure will not have an undue adverse effect on scenic
views from adjacent public roadways and other public rights-of-way.
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,
(2) Accessory structures exceeding the maximum height in subsection (1) above shall require approval
by the Development Review Board as a conditional use, pursuant to Article 14, Conditional Use
Review. The applicant shall demonstrate to the Board that the accessory structure will be clearly
secondary to the principal structure in function and in appearance from the public right-of-way and
adjacent properties.
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F. Additional Height Requirements.
In addition to the requirements of this Section, the following provisions shall govern the heights of
structures:
(1) 3.12 Alteration of Grade
(2) 4.08 (G) Non-complying structures in the QCP District;
(3) Article 8, City Center Form Based Code
(4) 10.02 Scenic View Protection Overlay;
(5) 10.05 Urban Design Overlay District
(6) Article 11C: Building Types
(7) 13.03 Airport Approach Cones
(8) 13.10 [Solar Radiation];
(9) 13.07 Light Poles
(10) 13.08 Flag Poles
(11) 13.17 Fences
(12) Article 15C: Planned Unit Developments
(13) 19.03D Maximum Stories, Building Coverage, and Lot Coverage Achievable Through
Transferable Development Rights and Inclusionary Zoning.
Figure 3-1a: Height of Structures
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Figure 3-1b: Height of Structures
Figure 3-1c: Height of Structures
Illustrations by Adam Davis, architect
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3.08 Temporary Structures and Uses
A. General Provisions.
Any temporary use of a lot, not approved in connection with the primary use of that property, shall be
restricted according to the provisions of this section. This section shall not apply to peddling activities
that are regulated through the Ordinance to Regulate Peddling.
B. Location of Temporary Uses and Structures.
Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or
interfere with vehicle circulation and parking, pedestrian movement, block sidewalks, obstruct crosswalks
or damage landscaped areas.
C. Temporary Construction Structures.
Temporary structures used in conjunction with construction work shall be permitted only during the
period that the construction is in progress.
D. Temporary Outdoor Storage.
Temporary outdoor storage used in conjunction with the principal use or uses on that property shall be
permitted for a period up to one month during a calendar year. Permits for temporary outdoor storage
shall be issued by the Administrative Officer in accordance with the provisions of this section.
E. Temporary Uses Exempt From Review.
The following uses are permitted without requiring review under this section provided such uses do not
exceed the stated limits of this subsection. Uses which exceed the stated limits shall be considered to be
permanent uses and, as such, are restricted by other portions of these regulations.
(1) The outdoor storage or parking of one (1) registered recreational vehicle per residential lot by the
owner, if not used for residential purposes. In residential districts, from November 1st through April
30th, outdoor storage or parking of recreational vehicles shall only be where an accessory structure
on the same lot is permitted 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
for the owner or resident of the principal building on the property as a conditional use. In granting such
a use, the Development Review Board shall specify time limits for occupancy.
3.09 Multiple Structures and Uses
A. Multiple Principal Buildings.
(1) On a single lot of less than two (2) acres, any number of principal buildings of any building type except
for small residential building types as governed by subsection (2) below may be permitted on a single
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lot without legal subdivision. Subdivision standards and review procedures under Article 15.A shall
not apply.
(a) Larger lots may be subdivided into lots smaller than two (2) acres and have multiple structures
placed on each, but subdivision of the larger lot must comply with all subdivision review
requirements and standards.
(2) Up to three (3) principal small residential buildings are allowed on a single lot less than two (2) acres.
Subdivision standards and review procedures under Article 15.A shall not apply.
(a) Small residential building types are single-unit, duplex, divided duplex, townhouse, or small
multi-unit buildings.
(b) Attached dwelling units in a single structure (divided duplexes, townhouses, and small multi-unit
buildings) are a single principal building. This shall not be construed to contradict the definition
of a building.
(c) Article 13.17 Residential Design Standards shall apply to all buildings.
(3) Minimum lot size for a lot with multiple principal buildings shall be the sum of the minimum lot sizes
required for each building by building type in Appendix C.
(4) The shortest linear distance between buildings shall not be less than the sum of side setbacks
required for each building by building type in Appendix C.
(5) Principal small residential buildings are prohibited from sharing the same lot with other principal
building types.
(6) Subdivision of lots larger than two (2) acres into lots smaller than two (2) acres are allowed to place
multiple principle structures on each lot smaller than two (2) acres, as compliant with the
requirements of this section.
(7) Footprint lots are not permitted for any building type.
B. Umbrella Approval for Multiple Uses.
(1) The Administrative Officer or Development Review Board may approve two (2) or more separate
uses in a single principal building or structure in conjunction with site plan, PUD or conditional use
approval, provided all of the proposed uses are permitted or duly approved conditional uses in the
underlying zoning district and all other applicable standards are met. Such standards may concern
trip ends, gross floor area dedicated to uses where applicable, number of restaurant or retail food
establishment seats, and other numerical standards related to the provisions of these regulations.
This shall be known as an umbrella approval.
(2) Where an applicant with umbrella approval proposes a minor change in use, the Administrative
Officer may approve the change as an administrative action and grant a zoning permit. The criteria
for determining if the change is minor shall include an assessment of projected p.m. peak hour trip
ends and other numerical criteria specified in the umbrella approval. If the applicable numerical
criteria are the same or fewer than those specified in the umbrella approval, the change may be
deemed minor. A change in use deemed not to be minor shall require site plan review.
C. 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:
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(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.
D. 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) Accessory structures are allowed if the total building coverage and lot coverage for the lot is not
exceeded.
(2) Accessory structures shall not be placed in the front yard, and they shall not, if placed in a side yard,
be located closer to the street than the required front setback of the principal structure.
(3) Accessory structures shall be located a minimum of five (5) feet from all side and rear lot lines.
(4) On corner lots, accessory structures shall not be located on the side street side between the side
street and the required front setback of structures fronting on the side street.
(5) On through-lots, accessory structures shall not be located on the front yard facing the street that the
majority of principal buildings on the street face, and shall not be located on any other front yard
between the street and the required front setback of structures fronting on that street.
(6) When an accessory structure is attached to a principal structure, it shall comply in all respects with
the requirements of these regulations applicable to the principal structure(s).
(7) Accessory structures shall comply with front setback requirements for the principal structure to
which they are accessory.
(8) Any structure connected to another structure by an open breezeway shall be deemed to be a
separate structure.
(9) No accessory structure shall be constructed with a cellar or below-grade story.
(10) 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 the
complementary facilities are accessible for the users of the accessory structure in another building
or structure on the same property or such structure is a duly approved as an accessory dwelling unit.
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B. Swimming Pools.
Swimming pools may be allowed, subject to the following provisions:
(1) No pool shall be constructed in front yard.
(2) No pool shall be closer than ten feet as measured from water's edge to any side or rear yard lot lines
(3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare beyond lot
line.
(4) Every in-ground swimming pool shall be completely enclosed by a wall, fence, or other substantial
structure not less than four (4) feet in height measured on the outside of the enclosure. No openings
other than doors and gates with any dimensions greater than four inches shall be permitted therein
except that picket fences may be erected or maintained having horizontal spacing between pickets
not more than four (4) inches. All gates or door opening through such enclosures shall be equipped
with self-closing and self-latching devices capable of remaining securely closed at all times when not
in actual use; provided however, that the door of any residence forming any part of the enclosure
need not be so equipped. Any self-latching device accessible from the outside of the pool enclosure
shall be located at least four (4) feet above the ground or otherwise equally inaccessible to small
children.
(5) A natural barrier or other protective device approved by the Administrative Officer may be used in
place of the above as long as the degree of protection afforded by the substituted devices or
structures is not less than the aforementioned protection by the enclosure, gate and latch. All above-
ground pools shall bar step access when not in use.
C. Attached Garage.
A private garage may be constructed as part of a main structure, provided that when so constructed the
garage walls shall be regarded as the walls of the main building in applying the applicable front, side, and
rear setback requirements of this Article.
D. Accessory Retail Uses.
Where non-residential uses are permitted in a residential district, uses such as hospitals, clubs, and multi-
family buildings over fifty (50) dwelling units, such uses may conduct customary and appropriate retail
activities such as gift shops, cafeterias, fitness rooms, and snack shops. Such uses shall be conducted
within the principal structure. There shall be no external evidence of retail activity discernible from the
outside of the structure. Access to the retail activity shall only be from within the principal structure.
E. Accessory 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.
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(5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail food sales, which
shall not exceed 5,000 SF GFA.
(6) Other accessory uses that are wholly internal to a principal permitted use (e.g. employee cafeterias,
employee fitness rooms, hospital pharmacies) pursuant to this Section shall not require specific
approval and shall not be counted towards the ten percent square footage limitation.
3.11 Accessory Dwelling Units
A. Permitted Use.
One (1) accessory dwelling unit that is clearly subordinate to a single-family dwelling shall be permitted
within or appurtenant to a single family dwelling on the same lot, provided there is compliance with all
the following.
(1) The lot is owner-occupied.
(2) The accessory unit does not exceed thirty percent (30%) of the total habitable area of the single-
family dwelling or 900 square feet, whichever is greater.
(3) 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.
(4) Regulation of a single-family home with an accessory dwelling unit shall not be more restrictive than
the criteria used for a single-family dwelling without an accessory dwelling unit.
(5) The Accessory Dwelling Unit and associated coverage shall be included in the computation of building
and lot coverage.
(6) A zoning permit shall be required for the establishment of an accessory dwelling unit.
(7) The criteria for conversion of an existing detached nonresidential building to habitable space for an
accessory dwelling unit shall not be more restrictive than the criteria used for a single-family dwelling
without an accessory dwelling unit.
(8) An accessory dwelling unit may located, in whole or in part, within the required setback to a single-
family home if it meets the following criteria:
(a) The ADU shall only be situated where an accessory structure on the lot may be placed;
(b) The ADU, and any portion thereof, must not exceed 15’ in height;
(c) The ADU must not exceed 600 s.f. gross floor area;
(d) The principal entry to the ADU must not be oriented to a side or rear lot line; and,
(e) The proposed encroachment of the ADU must not have an undue adverse affect on:
(i) views of adjoining and/or nearby properties;
(ii) access to sunlight of adjoining and/or nearby properties; and,
(iii) privacy of adjoining and/or nearby properties.
3.12 Home Occupations
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A. General Restrictions.
Customary home occupations are permitted as accessory uses in all districts provided that:
(1) The use is conducted solely and entirely within the primary dwelling or in an accessory building, and
the use is clearly incidental and secondary to the use of the dwelling unit from living purposes.
(2) The home occupation shall be owned by the principal occupant of the dwelling in which it is located.
In no case may the homeowner or principal occupant rent out the business area of the dwelling.
(3) The total space devoted to the home occupation must be located either in the dwelling or an
accessory structure. In either case, the total space devoted to the home occupation shall not exceed
twenty-five percent (25%) of the ground floor area of the dwelling.
(4) There shall be no external display or advertising of goods or services or other external evidence of
such use, except for a sign. Such sign shall conform to the City Sign Ordinance. The content of the
sign shall be the name and/or address of the home occupation and/or owner of the business.
(5) The establishment of such occupation shall not require internal or external alterations or involve
construction features not customarily found in dwelling units.
(6) The appliances and equipment shall be operated in such a manner that they do not produce and emit
beyond the boundaries of the premises on which the use is located, dust, glare, hazard, heat, light,
noise, nuisance, odor, radiation, radio or television interference, smoke, or vibration and are in no
other manner obnoxious or detrimental to the immediate neighborhood.
(7) The use itself is conducted in such a manner and during such hours that it is in no way obnoxious,
offensive, or detrimental to the immediate neighborhood.
(8) In the case of a music or voice instructor, the office or studio shall be so equipped and used that the
sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is
located.
(9) There are not more than two (2) employees or helpers other than members of the household.
(10) Prior to establishing a home occupation, a certificate of occupancy/compliance permit shall be
obtained from the Administrative Officer. The Administrative Officer shall issue such permit only if
the request is in conformance with the above requirements.
(11) In the event that there is more than one home occupation on the premises, all provisions above shall
apply as if there were only one home occupation. For example, no more than twenty-five percent
(25%) of the ground floor area of the dwelling shall be used, whether by one home occupation or
more than one.
3.13 Group Homes and Residential Care Homes
A residential care home or group home to be operated under State licensing or registration, serving not
more than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be
considered by right to constitute a permitted single-family residential use of property, except that no such
home shall be so considered if it is located within 1,000 feet of another existing or permitted such home.
3.14 Registered and Licensed Family Child Care Homes
A. Six or Fewer Children.
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A registered family child care home serving six or fewer children shall be considered to constitute a
permitted single-family residential use of property and shall be subject to the applicable requirements for
such uses in each district.
B. Up to Six Full-Time Children and Four Part-Time Children
A registered family child care home serving no more than six full-time children and four part-time children,
as defined in subdivision 33 V.S.A. §4902(3)(A) and these regulations, shall be considered to constitute a
permitted use of property in all districts provided that:
(1) Prior to establishing the registered child care home, approvals are received from the State of
Vermont;
(2) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or
of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from
the Director of Public Works where safety is in question.
C. Licensed Family Child-Care Home
A licensed family child care home shall be considered to constitute a permitted use of property in all
districts provided that:
(1) Prior to establishing the licensed child care home, approvals are received from the State of Vermont;
(2) There is sufficient space for the drop-off and pick-up of children on or in front of the property;
(3) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or
of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from
the Director of Public Works where safety is in question.
3.15 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 3.15 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.
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(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.
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, 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.).
E. Alterations to Facades and Exterior Finishes on Nonconforming Structures.
Alterations to facades and exterior finishes shall not be subject to the twenty-five percent (25%) or thirty-
five percent (35%) limitations described above.
F. Damage Nonconforming Structures.
(1) Any nonconforming structure damaged by any means to an extent greater than fifty percent (50%)
of its current assessed value shall be permitted to be reconstructed only if the future use of the
structure and the land on which it is located is in conformity with these regulations.
(2) Any nonconforming damaged by any means to an extent less than fifty percent (50%) of its current
assessed value, may be rebuilt provided that:
(a) The resumption of any nonconforming use (if any) takes place within one (1) year of the time of
its interruption.
(b) The cost of such reconstruction or structural alteration is less than fifty percent (50%) of said fair
market value.
(c) The reconstruction or structural alteration is commenced within six (6) months of the date of
interruption and completed within eighteen (18) months of the date of interruption.
(3) Where such reconstruction or structural alteration can reasonably be accomplished so as to result in
greater conformance with these regulations, then the reconstruction or structural alteration shall be
so done.
(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
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or filled to the existing grade by the property owner. Upon application by the property owner, the
Development Review Board may extend the time to undertake such remedial work as a conditional
use.
G. Abandonment of Nonconforming Use.
(1) No nonconforming use may be resumed if such use has been abandoned for a period of six (6)
months or more.
(2) A nonconforming use shall be considered abandoned when any of the following conditions exist:
(a) When it is replaced by any other use, whether conforming or nonconforming.
(b) When the intent of the owner to discontinue the use is apparent. Any one of the following may
constitute prima facie evidence of a property owner's intent to abandon a use voluntarily:
(i) failure to take necessary steps within six (6) months to resume the nonconforming use with
reasonable dispatch in any circumstances, including without limitation failing to advertise the
property for sale, rent, lease, or use,
(ii) discontinuance of the use for six (6) months, or for a total of eighteen months during any
three-year period, or
(iii) in the case where the nonconforming use is of land only, discontinuance of the use for one
hundred twenty (120) consecutive days or for a total of six (6) months during a one (1) year
period.
(c) When the characteristic equipment and furnishings have been removed from the premises and
have not been replaced by similar equipment and furnishings within six (6) months, except in the
event that the structure is damaged. In that case, Section 3.14(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 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 nonconforming use of land may be continued, provided that:
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(1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a
greater area of land than occupied by such use at the time of enactment of these Regulations.
(2) The lot on which such nonconforming use is located shall not be reduced in size.
(3) Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or
parcel of land occupied by such use at the time of enactment of these Regulations.
(4) If such nonconforming 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.
3.16 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.
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(3) Furthermore, the Administrative Officer, upon determination at any time that a use is exceeding or
may exceed performance standards or will in any way create potentially hazardous conditions shall
require an application for conditional use review under the requirements of Article 14, Conditional
Use Review and this section.
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.
3.17 Reasonable Accommodation to Ensure Reasonable Access to Housing
A. Policy.
It is the policy of the City of South Burlington, pursuant to the federal Fair Housing Amendments Act of
1988 and the Vermont Fair Housing and Public Accommodations Act, to provide individuals with
disabilities reasonable accommodation to ensure equal access to housing. This section establishes the
procedure for making requests for reasonable accommodation under these Land Development
Regulations. As used herein, “disability” shall have the same meaning as ascribed to the term disability
under 9 V.S.A §4501(2) and the term handicap under 42 U.S.C. §3602(h).
B. Request for Reasonable Accommodation.
Any individual with a disability, his or her representative, or a developer or provider of housing for
individuals with disabilities may make a request for reasonable accommodation. A request for reasonable
accommodation shall be in writing and provide the following information:
(1) Name and address of the individual(s) requesting reasonable accommodation;
(2) Name and address of the property owner(s);
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(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 disapprove a request for reasonable accommodation shall be based on the following
factors:
(1) Whether the housing which is the subject of the request for reasonable accommodation will be used
by an individual with a disability;
(2) Whether the requested accommodation is necessary to afford an individual with a disability equal
opportunity to use and enjoy housing of his or her choice;
(3) Whether the requested accommodation would require a fundamental alteration in the nature of
these Land Development Regulations, and;
(4) Whether the requested accommodation would impose an undue financial or administrative burden
on the City.
The written decision on the request for reasonable accommodation shall explain in detail the basis of the
decision, including the Administrative Officer or Board’s findings on these criteria. All written decisions
shall give notice of an interested person’s right to appeal the Administrative Officer’s decision to the
Development Review Board under section 17.13, or the Development Review Board’s decision to the
Environmental Court under 24 V.S.A. 4471.
3.18 Residential and Commercial Building Energy Standards
A. Applicability.
This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration
of all new principal buildings beginning December 1, 2015, or the date that Section 3.18 becomes
effective, whichever is later.
B. Residential Building Energy Standards (RBES); Stretch Code and Electric Vehicle Charging
(1) Stretch Code. Residential buildings, as defined by 30 V.S.A. § 51(a)(2), that are principal building,
shall comply with the Stretch Code, as defined by 30 V.S.A. § 53(a). Such buildings for which the RBES
Certificate certifying compliance with the Stretch Code is not recorded in the South Burlington Land
Records shall be deemed land development without a zoning permit in violation of these Regulations.
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(2) Electric Vehicle Charging. All parking spaces associated with residential buildings or units subject to
the RBES standards shall be built to EV-ready standards, whenever EV-capable standards are required
by the RBES. This requirement shall include underground, garage, or otherwise sheltered parking.
C. Commercial Building Energy Standards (CBES).
(1) Stretch Code or Guideline. Commercial buildings, as defined by 30 V.S.A. § 53(a), that are principal
buildings, shall comply with the Commercial Building Energy Standards Stretch Code Guideline, as
prepared and revised by the Vermont Public Service Department. If no such Guideline exists, it shall
not be applied. Such buildings for which the CBES Certificate certifying compliance with the CBES
and Guideline is not recorded in the South Burlington Local Records shall be deemed land
development without a zoning permit in violation of these Regulations.
(2) Solar-Ready Zone. New buildings subject to this Section for which a complete application is
submitted following the date these Regulations become effective, shall be required to meet the
standards of C402.5 Solar-Ready Zone of the Commercial Building Energy Standards as prepared and
revised by the Vermont Department of Public Service.
(3) Electric Vehicle Charging. All parking spaces associated with new buildings or new dwelling units
subject to the CBES standards shall be built to EV-Ready standards, whenever EV-Capable Space
standards are required by the CBES. This requirement applies to all parking facilities associated with
such buildings, regardless of the number of parking spaces provided. Substitution of Level 3 chargers
for EVSE shall not reduce the number of EVSE parking spaces at a building subject to CBES by more
than 50% of the number required for compliance.
3.19 On-Site Solar Photovoltaic Systems
A. Purpose.
It is the purpose of this section to implement renewable energy objectives of the City’s Comprehensive
Plan and Climate Action Plan by providing for the installation of on-site solar photovoltaic, or other
renewable energy generation, on new buildings in concert with Solar-Ready Zone definitions established
by the Vermont Commercial Building Energy Standards (CBES).
B. Applicability and Standard.
This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration
of any building that, beginning May 11, 2023 is required by these regulations and/or the CBES, as amended
from time to time, to establish a “solar-ready zone”. For any such building required to establish a solar-
ready zone, there shall be installed a solar photovoltaic (“Solar PV”) system designed to maximize the use
of the area of the Solar-Ready Zone employing typical Solar PV panel configurations, provided that
(1) The requirement set forth herein shall be reduced to the extent:
(a) The interconnection with the relevant utility cannot accommodate (i.e., due to limited plant
capacity) a Solar PV system designed to maximize the use of the area of the Solar-Ready Zone
employing typical Solar PV panel configurations, or
(b) The Solar PV system is anticipated to generate in its first year of operation more kilowatt hours
(kWh) than the “Expected Building Usage.”
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ARTICLE 3 GENERAL PROVISIONS
South Burlington Land Development Regulations
(i) The kWh that a Solar PV system is anticipated to generate shall be estimated based on the
building site conditions by applying the “PVWatts Calculator” published by the National
Renewable Energy Laboratory, or an equivalent or successor calculator.
(ii) The “Expected Building Usage” shall be an estimate of the number of kWhs the building is
expected to consume during its first full year of typical operation, based on building type and
uses, building technology, devices and appliances in the Northeastern U.S. (such as the
“Baseline Energy Calculator” tool of the Office of Energy Efficiency and Renewable Energy,
U.S. Department of Energy).
(2) The requirement set forth herein shall be eliminated if the Solar PV system design that maximizes
the use of the area of the Solar-Ready Zone employing typical Solar PV panel configurations is
anticipated to generate less than 3,000 kWh of electricity in the first year of the building’s operation
as calculated above.
(3) It is not the intent of this section to require that a Solar PV system interconnect with an electric utility
or to require installation of a net metering system.
(4) Where a permanently-installed, on-site renewable energy system, as defined within the CBES, is
provided in lieu of a Solar-Ready Zone, the applicant shall demonstrate that said system will generate
a number of kWh that is equivalent to the number of kWh a Solar PV system is estimated to generate
if a Solar-Ready Zone were established.
C. Submission Requirements: The application for a zoning permit shall include:
(1) Certification by a qualified professional of the Expected Building Usage and of the anticipated kWh
generation of the Solar PV system, and
(2) As applicable, a written statement from the relevant utility or other evidence sufficient to determine
the extent to which the requirement for a Solar PV system is reduced under Subsection B (1-2).
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ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations
4 RESIDENTIAL DISTRICTS
4.01 Low-Scale Neighborhood (LSN) District
4.02 Medium-Scale Neighborhood District
4.03 Queen City Park District: QCP
4.01 Low-Scale Neighborhood (LSN) District
A. Purpose.
Low-Scale Neighborhood (LSN) District encourages primarily residential use in smaller building types
(single-family, duplex, and small-multifamily homes) within existing neighborhoods and on
underdeveloped land in or adjacent to those neighborhoods. Specified commercial and other non-
residential uses are encouraged within the district in locations that have direct access to arterial and
collector streets and with siting and design standards to ensure compatibility with residential properties
to support the future thriving of walkable and bikeable neighborhood. Thoughtful public spaces oriented
to neighborhood use well connected to the neighborhood are also a high priority.
B. Permitted and Conditional Uses.
(1) Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to
those uses, subject to the following standards specific to the LSN district:
(a) Commercial uses and places of worship shall not be permitted on local streets within the LSN
district, except for Limited Neighborhood Commercial Uses and places of worship located at the
intersection of a collector or arterial street.
(2) Any use not expressly allowed as a permitted or conditional use is prohibited.
C. Area, Density, and Dimensional Requirements.
In the LSN District, all requirements of this Section 4.01 and Table C-2, Dimensional Standards, shall apply,
except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary
Zoning under Article 18.
4.02 Medium-Scale Neighborhood District
A. Purpose.
The Medium-Scale Neighborhood (MSN) District encourages medium-scale primarily residential use and
neighborhood-scale commercial uses to support the neighborhood. The district is located in areas that
are near mixed use areas, schools, and public transportation facilities and that are served by roads capable
of carrying high traffic volumes. Neighborhood-scale offices and specified other commercial and non-
residential uses may be permitted within the district in locations that have direct access to arterial and
collector streets and with siting and design standards to ensure compatibility with residential properties
to support the future thriving of walkable and bikeable neighborhood. Thoughtful public spaces oriented
to neighborhood use well connected to the neighborhood are also a high priority.
B. Permitted and Conditional Uses.
(1) Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to
those uses, subject to the following standards specific to the MSN district:
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RESIDENTIAL DISTRICTS ARTICLE 4
South Burlington Land Development Regulations
(a) Commercial uses and places of worship shall not be permitted on local streets within the MSN
district, except for Limited Neighborhood Commercial Uses and places of worship located at the
intersection of a collector or arterial street.
(2) Any use not expressly allowed as a permitted or conditional use is prohibited.
C. Area, Density, and Dimensional Requirements.
In the MSN District all requirements of this Section 4.02 and Table C-2, Dimensional Standards, shall apply,
except as provided for via applicable PUD type under Article 15.C or as modified by use of Inclusionary
Zoning under Article 18.
4.03 Queen City Park District: QCP
A. Purpose.
The Queen City Park District (QCP) encourages residential use at densities and setbacks that are
compatible with the existing character of the Queen City Park neighborhood. It is designed to promote
the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages
the conversion of seasonal homes to year-round residences.
B. Permitted and Conditional Uses.
Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those
uses. Any use not expressly allowed as a permitted or conditional use is prohibited.
C. Area, Density, and Dimensional Requirements.
In the Queen City Park District all requirements of this Section 4.03 and Table C-2, Dimensional Standards
shall apply except as modified by use of Inclusionary Zoning under Article 18.
D. Nonconforming Structures.
Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.15,
nonconformities, and to the following requirements and restrictions:
(1) Any nonconforming structure may be altered provided such work does not:
(a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five
percent (25%) for nonresidential properties of the fair market value as determined by the City
Assessor or by a separate independent appraisal approved by the Administrative Officer; or
(b) Involve an increase to the structure's height or footprint, or otherwise involve an increase to the
square footage of the building or structure.
(2) The Development Review Board may approve any alteration which exceeds the thirty-five and
twenty-five percent rule described above or which involves an increase to the structure's height,
footprint or square footage subject to the provisions of Article 14, Conditional Use Review.
(3) The Development Review Board shall determine that the proposed alteration or expansion will not
adversely affect:
(a) Views of adjoining and/or nearby properties;
(b) Access to sunlight of adjoining and/or nearby properties; and
(c) Adequate on-site parking.
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ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations
5 COMMERCIAL DISTRICTS
5.01 Higher-Scale Mixed-Use
5.02 Commercial 1 With Automobile Sales District: C1-AUTO
5.03 Commercial 1 District With Airport Uses: C1-AIR
5.04 Commerical 1 – Limited Retail
5.05 Commercial 2 District: C2
5.01 Higher-Scale Mixed-Use (HSMU)
A. Purpose.
The Higher-Scale Mixed Use (HSMU) District encourages higher-intensity residential, retail, office, and
vertically-mixed uses to serve or enhance a compact central business area. Other uses compatible with
nearby access to a central business area, including clustered residential development and small industrial
employers, may be permitted. Warehouses, major industrial employers, and incompatible industrial uses
shall not be permitted. Urban design supporting a transition for these areas from a suburban environment
to compact centers is encouraged.
B. Permitted and Conditional Uses.
Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those
uses, except as provided for via applicable PUD type under Article 15.C.
C. Area, Density, and Dimensional Requirements.
In the HSMU District, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified
by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19.
D. Additional Standards.
(1) Educational facilities and educational support facilities for higher education (post-K12) in the HSMU
district shall be subject to the dimensional standards and requirements of the Institutional-
Agricultural North district.
5.02 Commercial 1 With Automobile Sales District: C1-AUTO
A. Purpose.
The C1-AUTO District shares the higher-scale and commercial purposes and functions of the HSMU District
while allowing the continued operation and improvement of automobile sales and service facilities in
consolidated locations.
B. Permitted and Conditional Uses.
In the C1-AUTO District, permitted principal and conditional uses shall be those shown in Table C-1, Table
of Uses, except as provided for via applicable PUD type under Article 15.C
C. Area, Density, and Dimensional Requirements.
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COMMERCIAL DISTRICTS ARTICLE 5
South Burlington Land Development Regulations
In the Commercial 1-AUTO District, area, density, and dimensional requirements shall be those shown in
Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as
modified by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article
19.
5.03 Commercial 1 District With Airport Uses: C1-AIR
A. Purpose.
The Commercial 1 with Airport Uses District (C1-AIR) recognizes the existence of airport-related support
services and businesses and encourages their location in close proximity to the Leahy Burlington
International Airport.
B. Uses.
In the C1-AIR District, principal permitted uses and conditional uses shall be those shown in Table C-1,
Table of Uses, except as provided for via applicable PUD type under Article 15.C.
C. Area, Density, and Dimensional Requirements.
In the C1-AIR District, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified
by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19.
5.04 Commercial 1 with Limited Retail: C1-LR
A. Purpose.
A Commercial 1 with Limited Retail (C1-LR) District is hereby formed in order to encourage the location of
general retail at specific intersections in the city, to serve nearby residential areas. These commercial
areas are intended to serve the convenience shopping needs of local residents and employees. Their
location and design are intended to make them accessible both by motorized vehicle and by foot, thereby
somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses offering goods
and services will be limited in allowed floor area and use. Such regulations generally follow existing
Commercial 1 District regulations. Any uses not expressly permitted are prohibited, except those that are
allowed as conditional uses.
B. Permitted and Conditional Uses.
In the C1-LR District, permitted principal uses and conditional uses shall be those shown in Table C-1, Table
of Uses, except as provided for via applicable PUD type under Article 15.C.
C. Area, Density, and Dimensional Requirements.
In the C1-LR District, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards, except as provided for via applicable PUD type under Article 15C or as modified
by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19.
5.05 Commercial 2 District: C2
A. Purpose.
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ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations
A Commercial 2 (C2) District is hereby formed in order to encourage general commercial activity. In
addition to uses permitted in the HSMU District, large lot-retail uses, such as sale of motor vehicles and
building materials, may be permitted. A range of industrial uses as well as clustered residential
development may be permitted in locations that are mutually compatible with general commercial
activity.
B. Permitted and Conditional Uses.
In the C2 District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table
of Uses, except as provided for via applicable PUD type under Article 15.C.
C. Area, Density, and Dimensional Requirements.
In the C2 District, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified
by use of Inclusionary Zoning under Article 18 or Transferable Development Rights under Article 19.
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INDUSTRIAL AND AIRPORT DISTRICTS ARTICLE 6
South Burlington Land Development Regulations
6 INDUSTRIAL AND AIRPORT DISTRICTS
6.01 Mixed Industrial-Commercial District: IC
6.02 Airport District: AIR
6.03 Industrial-Open Space District: IO
6.01 Mixed Industrial-Commercial District: IC
A. Purpose.
The Mixed Industrial-Commercial (IC) District encourages general industrial and commercial activity
served by major arterial roadways and Leahy Burlington International Airport. The Mixed Industrial-
Commercial district encourages development of a wide range of commercial, industrial, and office uses
compatible with the City’s economic development policies in locations compatible with industrial activity.
Major retail uses, such as supermarkets and shopping centers shall not be permitted.
B. Permitted and Condition Uses.
In the IC District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of
Uses.
C. Area, Density, and Dimensional Requirements.
In the IC district, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards, except as provided for via applicable PUD type under Article 15.C or as modified
by use of Transferable Development Rights under Article 19.
6.02 Airport District: AIR
A. Purpose.
The Airport District facilitates the development and operation of Leahy Burlington International Airport,
the Vermont Air National Guard, and associated facilities. The Airport District also provides sufficient land
area adjacent to the Airport for airport-related uses, support facilities, and commercial activities that may
be incompatible with general residential or commercial uses. The standards and regulations for the
Airport District recognize the importance of these facilities and uses to local and regional economies, while
providing standards for review and development that improve the compatibility of these uses with
surrounding residential and commercial uses
B. Permitted and Conditional Uses.
In the AIR District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table
of Uses.
C. Area, Density, and Dimensional Requirements.
In the AIR district, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards , except as provided for via applicable PUD type under Article 15.C.
D. Additional Standards.
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South Burlington Land Development Regulations
(1) All applications for development within the AIR District involving new or expanded buildings or
structures shall comply with the requirements of Section 13.03, Airport Approach Cones.
6.03 Industrial-Open Space District: IO
A. Purpose.
The Industrial-Open Space (IO) District is established to provide suitable locations for high-quality, large-
lot office, light industrial and research uses in areas of the City with access to arterial routes and Burlington
International Airport. The IO District regulations and standards are intended to allow high-quality planned
developments that preserve the generally open character of the district, minimize impacts on natural
resources and water quality, and enhance the visual quality of approaches to the City while providing
suitable locations for employment and business growth. The location and architectural design of buildings
in a manner that preserves these qualities is strongly encouraged.
B. Permitted and Conditional Uses.
In the IO District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table
of Uses.
C. Area, Density, and Dimensional Requirements.
In the IO district, area, density, and dimensional requirements shall be those shown in, Table C-2,
Dimensional Standards , except as provided for via applicable PUD type under Article 15.C or as modified
by use of Transferable Development Rights under Article 19.
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ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations
7 OTHER DISTRICTS
7.01 Institutional and Agricultural District: IA
7.02 Park and Recreation District: PR
7.03 Municipal District: MU
7.01 Institutional and Agricultural District: IA
A. Purpose.
The Institutional and Agricultural (IA) District provides for the educational, conservation, research and
agricultural operations of the University of Vermont within South Burlington. The Institutional and
Agricultural District also integrates University-related uses into the City's overall land use pattern by
promoting a beneficial pattern of access, circulation, landscaping, and pedestrian connections between
University properties and adjacent neighborhoods. The more intensive nature of the University’s
properties adjacent to the main campus along Williston Road and the more open, undeveloped character
of the properties farther south of the main campus along Spear and Swift Street are also recognized in
these land development regulations.
To implement these objectives, properties within the Institutional-Agricultural District are designated as
Institutional-Agricultural North (“IA-NORTH”) or Institutional-Agricultural South (“IA-SOUTH”) on the
South Burlington Zoning Map and references are made herein to IA-NORTH and IA-SOUTH properties. Any
uses not expressly permitted are prohibited, except those uses allowed as conditional uses.
B. Permitted and Conditional Uses.
In the Institutional and Agricultural District, principal permitted uses and conditional uses shall be those
shown in Table C-1, Table of Uses.
C. Area, Density and Dimensional Requirements.
In the Institutional-Agricultural District, all requirements of this Section 7.01 and Table C-2, Dimensional
Standards shall apply.
D. Additional Standards.
All applications within this District shall be subject to the following additional standards:
(1) For properties in the Institutional-Agricultural district west of Spear Street and north of Quarry Hill
Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet between the
boundary of any adjacent residential zoning district and any new non-residential structure. The DRB
may require landscaping or other suitable screening in accordance with the provisions of Section
3.06 of these Regulations to ensure adequate buffering between new non-residential structures and
adjacent residential districts.
(2) For all other properties in the Institutional-Agricultural district, an undeveloped area shall be
maintained for a minimum of one hundred (100) feet between the boundary of any adjacent
residential zoning district. The yard shall be kept free of buildings, structures, parking lots and
facilities, and access drives other than those required to cross through the required yard. The DRB
may require landscaping or other suitable screening in accordance with the provisions of Section
3.06 of these Regulations to ensure adequate buffering between new non-residential structures and
adjacent residential districts.
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OTHER DISTRICTS ARTICLE 7
South Burlington Land Development Regulations
(3) Educational facilities and educational support facilities in the HSMU district shall be subject to the
dimensional standards and requirements of the Institutional-Agricultural North district.
(4) Educational Support Facility. Any Educational Support Facility shall be designed and intended to
function as a complement to the intended educational use of the property. Educational Support
Facilities are only allowed as auxiliary and accessory to post-secondary educational facilities. Such
uses shall be secondary to the principal educational use of the property and shall be intended to
principally serve students, faculty, and staff of the educational use.
7.02 Park and Recreation District: PR
A. Purpose.
A Park and Recreation District is hereby formed in order to provide for the recreational needs of the City's
residents, to provide a balance between developed recreation areas and natural recreation areas, to
integrate private parks into the recreation system, and to make recreation areas accessible to all residents
regardless of physical ability.
B. Permitted and Conditional Uses.
In the Parks and Recreation District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses.
C. Area, Density and Dimensional Requirements.
In the Park and Recreation District, all requirements of this Section 7.02 and Table C-2, Dimensional
Standards shall apply.
D. Additional Standards.
All applications within this District shall be subject to the following additional standards:
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
(2) The proposed use will be compatible with and protect the ability to preserve public recreational use
and planned open spaces and natural areas on the project site.
(3) The proposed use will include areas that may be used or accessed by the general public.
7.03 Municipal District: MU
A. Purpose.
A Municipal District is hereby formed to provide for public schools, municipal services including but not
limited to administration, police, fire, water, street, and sewer services, landfills, operations of other
municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal
uses, excluding public recreation.
B. Permitted and Conditional Uses.
In the Municipal District, principal permitted uses and conditional uses shall be those shown in Table C-1,
Table of Uses.
C. Area, Density and Dimensional Requirements.
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ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations
In the Municipal District, all requirements of this Section 7.03 and Table C-2, Dimensional Standards shall
apply.
D. Additional Standards.
All applications within this District shall be subject to the following additional standards
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
(2) The proposed use will be compatible with and protect the ability to preserve public recreational use
and planned open spaces and natural areas on the project site.
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ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE
South Burlington Land Development Regulations
8 CITY CENTER FORM-BASED CODE DISTRICT
8.01 Purpose
8.02 Applicability
8.03 Land Development and Building Placement
8.04 Blocks, Streets, and Alleys
8.05 Parking
8.06 Special Standards
8.07 Prohibited Materials
8.08 Open Space Requirements
8.09 Uses Allowed and Changes of Use
8.10 Review Procedures
8.11 Nonconformities
8.01 Purpose
A. Purpose.
The City Center Form-Based Code (FBC) District is a standalone zoning district with boundaries established
on the Official Zoning Map, and has specific rules and standards set forth below which apply solely in the
City Center Form-Based Codes District. The FBC District implements a form-based zoning regulation
applicable to the City Center (either the ”Code” or the “FBC”) which encourages sustainable retail,
commercial and mixed use development of open land, redevelopment of existing mixed use land and
preservation and improvement of residential areas through pedestrian and bicycle connectivity.
The FBC District (this article) is designed to maintain and foster improvement to the FBC District’s existing
structures and encourage new development and infrastructure that incorporates planned transportation
corridors with walking and bicycling coincidental with the automobile. This District aims to preserve the
existing residential fabric while stimulating new mixed use growth that facilitates a safe and economically
self-sustaining place to live and work. Future development within the City Center FBC District and its
Transect Zones shall be of a form of built environment that creates and protects development patterns
that are compact, pedestrian oriented and mixed use. Available parking will be a mix of parallel and
diagonal on-street and screened off- street. Adequate space for walking, interconnectedness of
neighborhoods and convenient parking areas will characterize the district so that there will be a mix of
uses within walking distance of dwellings and parking.
Solely for illustrative purposes, photographs or real world examples of the Building Type options for the
City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each
Transect Zone of the City Center Form-Based Code District.”
8.02 Applicability
A. City Center Form-Based Code District and Form-Based Code.
The City Center FBC District is allocated among different areas, known as Transect Zones, to reflect the
different nature and densities of existing and anticipated development. The City Center FBC District
Transect Zones are named T-5, T-4, T-3, T-3+ and T-1 and are shown on the Zoning Map. Each Transect
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CITY CENTER FORM-BASED HOME DISTRICT CODE ARTICLE 8
South Burlington Land Development Regulations
Zone is governed by its respective Building Envelope Standards (BES), attached hereto in Sections 8.12 –
8.14 hereof, and Street Type, attached hereto in Article 11. The Zoning Map, Building Envelope Standards
and Street Types are binding within the City Center Form-Based Code (FBC) District and are made a part
hereof.
(1) The T1 Transect Zone depicts River Corridor, wetland, and wetland buffer areas on the Official Zoning
Map. River Corridor, wetland, and wetland buffer areas are shown for illustrative purposes only.
Depicted River Corridor, wetland, and wetland buffer boundaries are approximate. The diagram
should not be construed as showing all River Corridors, wetland, and wetland buffer areas, nor their
precise locations. River Corridor, wetland, and wetland buffer delineation for permitting purposes
must be determined in accordance with Article 12 of the South Burlington Land Development
Regulations, as applicable.
B. Limited Incorporation of Land Development Regulations.
Articles 3, 13, 14, 15, and Appendix C of the South Burlington Land Development Regulations shall not be
applicable in the City Center Form-Based Code (FBC) District except the following sections:
• 3.01 - 3.05, Table 3-1, Figures 3-1a & 3-1b, 3.08, 3.09(A), 3.10 (E), 3.11(F-G), 3.12 & 3.13
• Article 13 shall apply as indicated within the Article.
• Article 14 shall apply as indicated within the Article.
• Article 15 shall apply as identified within the Article.
• Where in this Article a specific section or subsection is referenced, it shall apply.
In the event of a conflict between the Building Envelope Standards or Street Types and other portions of
these Regulations, the Building Envelope Standards and Street Types shall control.
8.03 Land Development and Building Placement
A. Land Development.
No land development shall be permitted except in full compliance with the applicable Building Envelope
Standards (BES) and this Article. See also Section 8.11, non-conformities.
B. Building Placement.
(1) All new buildings, and all additions to buildings shall include at least one building façade located
entirely within a Build-to-Zone, except as provided for below:
(a) Buildings permitted in a T3 Cottage Court
(b) As permitted under Section 8.11, Nonconformities; or,
(c) Accessory structures
(d) New Buildings on the outside of an existing or planned road corner of 120-degree or less if:
(i) The building façade nearest to the street meets the Primary Building Façade requirements and
is at least partially located within 120 feet from the right-of-way of the roadway; and,
(ii) The road cannot reasonably be extended from the corner due to restrictions in Article 12 or
the presence of an interstate; and,
(iii) Either:
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ARTICLE 8 CITY CENTER FORM-BASED HOME DISTRICT CODE
South Burlington Land Development Regulations
(I) The building is on a pre-existing lot containing no street frontage, or
(II) The frontage buildout on the lot is met or has been approved to be met by other buildings.
C. Special Requirements, Prohibitions & Exceptions.
(1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are parallel to,
and which abut the Public Open Space or Park, without regard to any rights-of-way, shall meet the
BES applicable to Secondary Building Facades. Any such building abutting a qualifying street shall
meet all BES applicable to such street.
(2) Loading docks and other entries meant principally for deliveries shall not face streets, except where:
(a) They are set back a minimum of 100 feet from the building façade that is parallel to and closest
to the public street; and,
(b) The total width of said docks, doors, and entries does not exceed 12 feet.
(3) All loading docks and associated truck parking areas shall be screened from view from streets. In the
case of a nonconforming loading dock and associated truck parking area, any changes to the location
or configuration of the loading docks or associated truck parking areas shall require compliance with
this subsection.
(4) Residential uses are prohibited within fifty (50) feet horizontal distance of ramp rights-of-way, both
existing and planned, for Interstate 89 and Interstate 189.
8.04 Blocks, Streets, and Alleys
A. General Standards.
(1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center FBC
District, including transportation, economic development, creation of an active, pedestrian-friendly
environment, and to implement the intent of block standards identified within the Building Envelope
Standards of each Transect Zone.
(2) Construction of Streets
(a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street,
such street shall be constructed by the applicant pursuant to Article 15 and in accordance the
street types designated within the City Center Form-Based Code – Primary & Secondary Streets
& Block Standard Applicability Map, except as follows:
(i) Street, streetscape and any other construction or improvements along or within the existing
or proposed right-of-way for Market Street, Garden Street and Midas Drive and for the
Williston Road intersections of Midas Street/White Street and Patchen Road/Hinesburg Road
shall conform to engineered plans developed by the City and as modified by the Director of
Public Works.
(ii) Where no street type has been identified, the standards of section 15.A.14(C) shall apply.
(b) Where a building is proposed to be located on a lot that is adjacent to existing street, or where
an expansion, extension, or reconstruction of a non-conforming structure exceeds the thresholds
established in Section 8.11(D), such street must upgrade adjacent sidewalks, greenbelts, and
related street furniture (trees, benches, etc.) to the standards contained within the applicable
Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to
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limit requirements for additional upgrades as necessary to meet the requirements of these
Regulations.
(3) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any block shall
be determined by BES, except as otherwise provided for in this Article.
(4) Frontage Buildout. Frontage Buildout requirements for the applicable Transect Zone shall apply
along all streets pursuant to the BES. See Section 8.11, Nonconformities, for development existing
at the time the FBC was enacted.
(a) Where Hazards and Level I Resources, as defined in Article 12, are located along streets and are
proposed to be unaffected, the linear distance of these features along the street shall be
removed from the calculation of the lot’s minimum frontage buildout requirement.
(5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing
public street, or planned or proposed street listed as a qualifying street type in the applicable BES.
This requirement, however, shall not apply to the planned street extending north from Barrett Street
depicted on the City Center Form-Based Code Primary & Secondary Street & Block Standard
applicability map.
(6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all public,
planned, and proposed streets within the Transect Zones.
(a) In the event that a third-party easement which predates the initial adoption of this Article exists
within a build-to-zone prohibiting the frontage buildout to be met, the build-to-zone shall, for
the length of the easement, be established along the rear edge of the easement.
B. Location of Blocks and Streets.
(1) Applicability of Block Lengths and Perimeters.
(a) Exempt Areas. Block lengths and block perimeters for the applicable Transect Zone shall not
apply in areas shown on the Official Map as exempt from such standard, unless, pursuant to 24
VSA 4421(5), the application is to be reviewed without regard to the proposed public facility
indicated on the Official Map. In such instances, block length and perimeter standards for the
applicable Transect Zone shall be met.
(b) Non-Exempt Areas. Block lengths and block perimeters for the applicable Transect Zone shall
apply for all areas shown on the Official Map as non-exempt from such standards.
(2) Public Facilities on the Official Map. Where a planned street or any other planned public feature,
facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or
lot shall provide an irrevocable offer of dedication of such planned street or planned public feature,
facility for improvement to the City at the time of an application for land development on such parcel
or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of
such street shall be recorded in the land records prior to the issuance of any zoning permit. The
following additional standards shall apply in either instance:
(a) Where applicable, the applicant shall construct such street in accordance with the requirements
of these Regulations;
(b) Where the street is proposed to be public, the minimum street right-of-way width shall be as
identified within Article 11, Street Typologies;
(c) Where the City identifies a specific Street Type on the Official Map, such street shall comply with
the standards for that street type in Article 11;
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(d) The actual location of a street may deviate from the location identified on the Official Map within
the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable
Transect Zone;
(e) The actual location of a street may be deviate from the location identified on the Official Map at
the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable
Transect Zone. Such deviation shall require approval of the Development Review Board pursuant
to the following:
(i) The proposed location shall connect to adjacent existing, planned, or proposed streets at each
end;
(ii) The proposed location shall remain consistent with any City and Regional Planning Commission
transportation corridor studies;
(iii) It shall remain possible to complete all planned and reasonably anticipated connections to
adjacent properties;
(iv) The applicant shall solicit from the owners of all adjoining properties their written input or
comment regarding the proposed deviation from the location identified on the Official Map
and shall demonstrate to the DRB the attempt(s) to solicit this written input or comment; and,
(v) Any such deviation that results in a significant change in connections to any existing, planned,
or proposed street right-of-way shall require approval by the City Council following
recommendation by the Planning Commission. Any such deviation shall include an
amendment to the Official Map that depicts the revised connection between the new street
location at the applicant’s property line and the planned street on the adjacent parcel. For
the purposes of this subsection, a significant change may include a change in the parcel(s)
through which the streets are planned, any modification to an approved City or State plan for
the street connection, or a change affecting the alignment of a planned or existing
intersection.
(3) Standards for Non-Exempt Areas. In areas or circumstances that are not exempt from block length
and perimeter requirements, the following standards shall apply.
(a) The applicant shall submit plans demonstrating compliance with the block standards for the
entire parcel. Such submission may include phasing, and in such cases, may for future phases
provide detail sufficient only to indicate that the standards of these Regulations can be met at a
future time.
(b) All proposed streets shall comply with the requirements of Section A above and of the applicable
Building Envelope Standards.
(c) The Development Review Board shall have the authority to modify minimum and maximum block
lengths by up to 10% where it finds that:
(i) The modification will result in avoidance of impacts to a Hazard or Level I Resource, as defined
within these Regulations;
(ii) Pre-existing site conditions such as existing buildings proposed to remain, existing signalized
intersections, or existing signalized curb cuts make placement of the block length within the
required distance impractical or result in a detriment to vehicular or non-motorized
transportation safety or efficiency, or;
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(iii) The modification will result in an improved alignment of an intersection, such as aligning with
an intersection on the other side of the street, or establishing a safe distance from an existing
intersection;
(d) Where the DRB approves a modification of a minimum or maximum block length standard, the
following shall apply:
(i) All requirements for pedestrian passages within the applicable BES shall be met; and,
(ii) Where a block length exceeds the maximum for the applicable Transect Zone, a public lane,
pedestrian pass, or path as defined within the Street Typologies shall be established, creating
a mid-block connection to the adjacent public street, and offered for dedication to the City.
Where the applicant’s property is not adjacent to a public street, a public lane, pedestrian
pass, or path shall be established to the property line or to the nearest existing pedestrian
infrastructure that provides perpendicular connectivity.
C. Primary and Secondary Streets.
Standards for buildings and building placement along Primary and Secondary Streets are contained within
the Building Envelope Standards for each Transect Zone.
D. Primary and Secondary Building Façade Determination.
Where a building is located on a lot that is a corner lot or through-lot, the Primary Building Façade shall
be the one parallel to and closest to the street with the higher traffic count, except where:
(1) The higher traffic count street is an Interstate or Interstate ramp;
(2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count-street is
labelled as a Secondary Street on the Official Map;
(3) The lot has at least one hundred (100) feet of frontage on Market Street; or,
(4) Upon application to the Development Review Board, the Board finds that the application presents a
unique circumstance that is in keeping with the purposes of the Transect Zone in which the project
is located.
All building facades parallel to other streets and public open spaces shall be Secondary Building Façades.
E. Corner Radii; Clear Zones.
Corner curb radii shall be determined by Street Type within Article 11, Street Typologies. Tight turning
radii are intended to shorten pedestrian crossings and inhibit drivers from turning corners at high speeds.
To allow for emergency vehicles (e.g., fire trucks) to turn corners, a 25-foot radius Clear Zone shall be
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established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire
hydrants, or electrical boxes.
Figure: Corner Radii & Clear Zones
F. Alleys.
Alleys are encouraged in the City Center Form-Based Code (FBC) District to minimize curb cuts and to
provide access to parking and service areas behind buildings. Alley locations and dimensions are not fixed
but shall be designed to accommodate the alley’s purpose.
8.05 Parking
A. On Street Parking.
The selection of diagonal or parallel parking along any section of road shall be determined by Street Type
and Street Type and consultation with the Department of Public Works.
B. Off-Street Parking Placement.
(1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be
permitted, but shall be set back a minimum of 25 feet from the closest street line.
(2) On a lot that complies with all requirements of the applicable BES, the Development Review Board
may approve surface parking which is within the 25-foot setback and which is not hidden from view
from the street by a building, provided:
(a) the subject parking represents the smallest practicable portion of the total parking required for
the property; and,
(b) the area encompassed by the subject surface parking represents a significantly minor incursion
with the 25-foot setback.
(3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’)
of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for
all areas between the street right-of-way and proposed parking have been met, regardless of
whether such areas are on one or multiple lots with one or multi ownerships.
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(a) This figure shall be reduced to sixty-two feet (62’) where the applicant demonstrates that this
area has a shared parking agreement that would allow for the development of the area without
parking within this sixty-two foot (62’) area. Screening with vegetation or a non-plastic fence or
wall of at least three (3) feet in height shall be installed along the street frontage until such time
as the area is developed. The Administrative Officer may approve the screening to be at the rear
of the area, adjacent to parking, where it presents a better overall landscape treatment for the
site.
C. Structured Parking Lot Placement.
Any structure located within the Build-to-Zone may contain structured parking. All such parking, however,
shall be set back at least 25’ from all front building facades on the first story. Such minimum 25’ area shall
contain uses that are allowed in the Transect Zone.
(1) Parking structures are exempt from the requirement that at least one building façade be located
within a Build-to-Zone so long as Frontage Buildout requirements have been met by a principal
building or buildings or liner buildings. A parking structure that is located to the rear of building(s)
that comply with the Frontage Buildout for the applicable Transect Zone is exempt from glazing and
door standards.
D. Access to Off Street Parking.
Alleys shall be the way to access off-street parking. Parking along alleys may be head-in, diagonal, or
parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties
adjacent to the alley shall be maintained. Access between adjacent lots and across property lines is
required, as stipulated in 14.07F and 13.02F of these Regulations. Corner lots shall access parking from
the secondary street (see diagram below).
Figure: Access to Off Street Parking
8.06 Special Standards
A. Civic Sites.
(1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal
buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic
building is located. Civic buildings do not include retail buildings, residential buildings, or privately
owned office buildings.
(2) Modification of Standards. In order to provide greater flexibility to create a special architectural
statement, Civic Buildings may be approved with modification of certain standards listed below. Any
such review and any subsequent review shall be made by the Development Review Board following
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an application. In considering an application, the Board shall have the authority to modify or waive
Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the
Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following
in making its determination:
(a) Presence of a public design process and formal recommendation from the South Burlington City
Council and/or School Board;
(b) Consistency of the design with an adopted municipal or school building design policy (if one
exists);
(c) Consistency of the project with the written purposes of the applicable Transect Zone; and,
(d) Advancement, where appropriate, of the project with design elements specifically encouraged
within the applicable Transect Zone.
(3) Exemptions. Expansions of or modification to existing municipal school buildings shall be exempt
from the following requirements within the BES for the applicable Transect Zone: build-to-zone,
glazing, frequency of entrances, minimum story, and frontage buildout.
(4) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope Standards
within the applicable Transect Zone except as apply to any non-civic buildings.
B. Places of Worship.
(1) General, and Modification of Standards. Places of worship are of special public importance. In order
to provide greater flexibility to create a special architectural statement, Places of Worship may be
approved with modification of certain standards listed below. Any such review and any subsequent
review shall be made by the Development Review Board following an application. In considering an
application, the Board shall have the authority to modify or waive Build-to-Zone, Glazing, Frequency
of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the
applicable Transect Zone. The Board shall consider the following in makings its determination:
(a) Consistency of the project with the written purposes of the applicable Transect Zone; and,
(b) Advancement, where appropriate, of the project with specific design elements encouraged
within the applicable Transect Zone.
(2) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope
Standards within the applicable Transect Zone except as apply to any buildings that are not used as
Places of Worship.
C. Drive-Throughs.
Drive-through service windows are permitted in the back of the building, in mid-block and alley-accessed
locations provided they comply with all of the following standards:
(1) Queuing for drive-throughs shall not interfere with pedestrian access between the intended
pedestrian entrance to the building and any off-street parking for the building or public street
sidewalk access to the building;
(2) For mid-block lots, drive through service windows shall face the rear lot line. In the case of a mid-
block through-lot, drive-through service windows shall face the side lot line opposite the primary
building façade;
(3) For corner lots, drive through service windows shall be hidden by the building along all public streets
(see diagram below);
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(4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard in
these regulations that requires a minimum of two (2) stories; and,
Figure: Drive-Throughs
(5) Applications for a drive-through facility shall not be deemed complete without a mandatory technical
review by a traffic consultant to determine adequate stacking lane length.
D. Service Stations.
Service Stations are permitted in the rear, in mid-block and alley -accessed locations provided they comply
with the all of following standards:
(1) No service station shall be located within 300 linear feet of a civic site;
(2) Queuing for service stations shall not interfere with pedestrian access between the intended
pedestrian entrance to the building and any off-street parking for the building or public street
sidewalk access to the building;
(3) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations shall
face the rear lot line;
(4) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations shall be
hidden by the building along all public streets
(5) Service stations shall conform to all applicable BES and shall not be exempt from any minimum two
(2) story requirement.
E. Buffer Strip.
Any Buffer Strip required by a Building Envelope Standard shall consist, at a minimum, of a strip of land
that is no less than twenty feet wide measured from the applicable lot line and shall include a screening
buffer that is not less than eight (8) feet in width, measured from the applicable lot line, and planted with
dense evergreens that are at least seven (7) feet in height at time of installation, and a separation buffer
not less than twelve (12) feet wide measured from the edge of the screening buffer, in which no building
shall be allowed. Where a vehicle turn-around or parking will be located adjacent to the screening buffer,
then the screening buffer shall be supplemented as needed so as to be opaque year round. The Buffer
Strip may include fencing to supplement the screening and/or separation buffers.
F. Required Minimum Stories, Combined Stories.
(1) Building Stories. Where these Land Development Regulations establish a required minimum number
of stories, each story above the ground story up to and including the minimum number of required
stories shall:
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(a) Contain a floor area of at least 75% of the building footprint for buildings with a building footprint
of less than 60,000 square feet or 50% of the building footprint for building with a buildings
footprint of 60,000 square feet or more; and,
(b) Be located directly above the story below and form an extension of the building facade for at
least 75% of the building facade on all primary and secondary facades.
(2) Combined Stories. For each story in a building containing one or more stories with a floor-to-floor
height that exceeds the maximum height allowed in the applicable Transect Zone / Zoning District,
the number of stories shall be calculated by dividing the proposed floor-to-floor height by the
number of feet equal to the maximum story height and rounding up to the next whole number.
Example: a 20’ floor to ceiling height in a Transect Zone where maximum story height is 14’ will count
as two stories for the purposes of calculating the maximum allowable number of building stories in
a Transect Zone. For the purposes of calculating the minimum number of building stories in a
Transect Zone, however, combined stories shall not be considered to be more than one story.
G. Rooftop Elements and Uses; Utilities.
(1) Conceal Rooftop Devices. In the T4 and T5 districts, rooftop mechanical equipment and
appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to
minimize visibility from any point at or below the roof level of the subject structure. Such features,
in excess of one foot in height, shall be enclosed by outer building walls or parapets, grouped and
screened, or themselves designed so that they are balanced and integrated with respect to the
design and materials of the building. Such rooftop devices shall not be counted as a “story.”
(2) Flat Roof Designs. Where flat roofs are used, architectural elements such as cornices shall be
included. Any such cornice or similar design shall be installed along all primary and secondary
building façades.
(3) Rooftop Use and Structures. A rooftop may be used for any use permitted for the building. Enclosed
or partially-enclosed building features are permitted and shall not be considered as an additional
story, subject to the following conditions:
(a) The total area of all such features, including elevator shafts, building space, garden sheds,
permanent awnings or breezeways, or architectural features such as clock-towers or spires, shall
not exceed the greater of 200 square feet or 20% of the area of the upper-most story of the
building, whichever is greater and,
(b) The height of any such features shall not exceed 14’ above the maximum height of the building
(measured as maximum stories x maximum height of each story.
(4) Utility Features. Utility features, such as generators, gas lines or meters, or electrical meters, shall
not be located on any façade parallel to and adjacent to a street and shall be screened from view of
any such street. On-building fire hydrants shall be exempt from this subsection.
H. Alternate Compliance for Entrances in T4.
(1) Authority. The Development Review Board shall have the authority to review and approve, approve
with conditions, or disapprove an application for development that differs from the strict
requirements of Section 8.13(C)(6) [T4 Urban Multi-Use District Building Envelope Standards,
Entrances] subject to the standards and limitations below.
(2) Entrance Standard Intent. It is the intent of Section 8.13(C)(6)(a-e), in concert with other standards
of Section 8.13, to establish a regular, consistently pedestrian-friendly environment in the applicable
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district. The presence of regular, Operable entrances is designed to foster a built pattern consisting
of attractive, engaging, and interactive built forms. Users along a street are presented with an
inviting street presence of the building and are engaged throughout its length. This section is also
intended to support the viability of activities within adjacent buildings (existing or future) by creating
a pedestrian environment where the user has reason and interest to walk the entire length of a
building and engage with the next building rather than have an uninviting and unengaging
environment where a user would turn around.
(3) Standards For Review. In making its determination, the Development Review Board shall consider
the following standards:
(a) The Board finds that the alterative design advances the specific objectives of the Central District
of the Comprehensive Plan in a manner that is equal or greater than the standard contained
within the BES.
(b) The Board finds that the alternative design advances the Purpose of the Transect Zone as stated
in these Land Development Regulations in a manner that is equal to or greater than the standard
contained within the BES.
(c) The Board finds that the alterative design advances the Intent of the standard as stated in this
Section in a manner that is equal to or greater than the standard contained within the BES.
(d) Any proposed alternative shall be incorporated along all facades of a building for which alternate
compliance is being sought and shall be distributed along the entire façade in a manner which
meets or exceeds the average frequency and maximum spacing as required by the BES.
(e) Any proposed alternative shall be not be counted or calculated as meeting or contributing to any
other required element or financial obligation of these Regulations.
(f) Any proposed alternative shall fulfill its function in all seasons.
(g) Creative alternatives are encouraged. Any proposed alternatives, however, shall consist of
original design elements. In the case of artwork, only Commissioned artwork shall be considered.
I. Accessory Structures.
Accessory structures shall exceed neither 500 square feet in area, nor fifteen (15) feet in height. Accessory
structures shall not be located between the street line and the front building line of any principal building
and shall be located a minimum of five (5) feet from all lot lines. There shall not be more than one
accessory structure per principal building on the lot. The standards in Section 3.10(A-D) shall not apply in
this district.
8.07 Prohibited Materials
The following is a list of materials that are strictly forbidden as exterior finish materials in all Transect
Zones:
• All types and form of vinyl siding or vinyl finishing products.
• External Insulation and Finish System (EIFS)
• Stucco
• Plywood (excluding Marine Grade plywood)
• Chain-link fence
• T1-11
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• Concrete block, cinder block
• Tar paper
• Tyvek or equivalent
8.08 Open Space Requirements
A. Purpose.
The open space standards contained herein are established to provide for the creation or improvement
of open spaces in both residential and non-residential developments located in the City Center FBC
District. Establishing, enhancing and preserving open space serve multiple purposes and meet the
recreational needs of residents, visitors, and employees. These open spaces define the distinctive
character of the community and are intended to provide a pleasant interlude in the urban environment,
serve as a source of great civic pride, and render the area more attractive or attract new residents and
businesses to the community. They can also be combined to serve multiple simultaneous purposes,
including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces
may provide breathing space, and visual and psychological relief, and meet other needs of community
residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city.
The standards set forth below establish regulations for open space in residential, non-residential, and
mixed-use developments. It is the City’s intent that all Qualifying Open Spaces shall be high quality,
useable and serve the purposes listed above. Qualifying open space must clearly be planned for that
purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity.
In making the final determination of whether, and how much, proposed open space meets the City’s
requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the
purpose statement of this subsection.
Solely for illustrative purposes, photographs or real world examples of the Building Type options for the
City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each
Transect Zone of the City Center Form-Based Code District.”
B. General Requirements.
In addition to the standards set forth in the Building Envelope Standards, qualifying open spaces shall be
required in all Transect Zones per Table 8-1:
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Table 8-1 Civic Space / Site Amenity Requirements
Transect
Zone
Residential/
Non-
Residential
Parcel
Size
Minimum
Qualifying
Open Space
Required
Additional
Restrictions,
Requirements, or
Allowances
Public Realm
Requirement
T5 Non-
Residential
All 5% of non-
residential
building gross
floor area
May locate off-site or
purchase credits.
Whether on or off
site, 100 % must be
part of the public
realm.
Residential,
Less than 10
Units
All 100 Square
Feet Per Unit
May locate off-site
pursuant to BES or
purchase credits.
No public realm
requirement for
residential
component.
Residential,
10-19 Units
All 85 Square Feet
Per Unit
May locate off-site
pursuant to BES or
purchase credits.
No public realm
requirement for
residential
component.
Residential, 20
or more Units
All 60 Square Feet
Per Unit
May locate off-site
pursuant to BES or
purchase credits.
No public realm
requirement for
residential
component.
T4 Non-
Residential
<20,000 SF 6% of non-
residential
building gross
floor area
May locate off-site or
purchase credits.
Whether on or off
site, 75% must be
part of the public
realm.
Non-
Residential
>20,000 SF 6% of non-
residential
building gross
floor area
Must be located on
site or within 150’ of
the site and directly
accessible from the
site.
Whether on or off
site, 75% must be
part of the public
realm.
Residential,
Less than 10
Units
All 100 Square
Feet Per Unit
Must be located on
site or within 150’ of
the site and directly
accessible from the
site; 50% or more
must be commonly
accessible to all
tenants/residents.
No public realm
requirement for
residential
component.
Residential,
10-19 Units
All 85 Square Feet
Per Unit
Must be located on
site or within 150’ of
the site and directly
accessible from the
site; 50% or more
must be commonly
accessible to all
tenants/residents.
No public realm
requirement for
residential
component.
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Residential, 20
or more Units
All 60 Square Feet
Per Unit
Must be located on
site or within 150’ of
the site and directly
accessible from the
site; 50% or more
must be commonly
accessible to all
tenants/residents.
No public realm
requirement for
residential
component.
T3/T3+ Non-
Residential
All 6% of non-
residential
building gross
floor area
Must be located on
site.
Minimum 30% must
be part of the public
realm.
Residential,
Less than 10
Units
All 100 Square
Feet Per Unit
Must be located on
site.
No public realm
requirement for
residential
component.
Residential,
10-19 Units
All 100 Square
Feet Per Unit
Must be located on
site; 25% or more
must be commonly
accessible to all
tenants/residents.
No public realm
requirement for
residential
component.
Residential, 20
or more Units
All 90 Square Feet
Per Unit
Must be located on
site; 40% or more
must be commonly
accessible to all
tenants/residents.
No public realm
requirement for
residential
component.
(1) Mixed Uses. Where a lot contains both residential and non-residential uses, the minimum civic space
/ site amenity requirements in Table 8-1 for each type of use shall be met. The gross floor area of
the non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot
less the sum of the area of the residential units on the lot.
C. Qualifying Civic Space/Site Amenity.
Qualifying Civic Space/Site Amenity is defined per the palette of options included in Article 11.B, and
specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel
lanes, etc.
D. General Civic Space / Site Amenity Notes.
(1) In all Transect Zones, only Civic Space / Site Amenity areas meeting the requirements of Article 11.B
and this article shall count towards the minimum qualifying requirements.
(2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered
qualifying Civic Space / Site Amenities. A divider between a parking lot and a qualifying street type
shall be considered qualifying where applicable and allowable.
E. Civic Space / Site Amenity Location.
(1) Locating Civic Space / Site Amenities Off-Site
(a) Qualifying Civic Space / Site Amenity may be located off-site, or on a parcel other than the one
where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying
space must be located within City Center FBC District boundaries and must meet the standards
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articulated herein. Designated off-site civic space / site amenity must qualify under the palette
of options listed in Article 11.B.
(b) Designated off-site qualifying civic space / site amenity shall be located on developable land. For
the purposes of this section (8.08(D)), developable land is an area of land within the City Center
FBC District that feasibly can be developed with residential uses or mixed uses in accordance
with the Code as determined by the DRB. Developable land area shall not, except where
otherwise specified, include areas of contiguous land that are unsuitable for development
because of topographic features or for environmental reasons, per Article 12 of these
regulations, unless approved for impact under said Article.
(c) Wetlands and wetland buffers shall not be designated as off-site qualifying civic space / site
amenity areas, unless the DRB makes a finding that the wetland and/or wetland buffer is
improved and can be actively and explicitly used as a qualifying Civic Space / Site Amenity
pursuant to this Article and Article 11.B. In considering whether to make this finding, the DRB
may wish to consider the reasonable and expected use of the wetland, and refer to the
specifications for “Enhanced or Recreational Wetlands” in Article 11.B of these Regulations. If
the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than
50% of the minimum required qualifying open space.
(d) Pre-approval of civic space / site amenity. An applicant that constructs a greater area of civic
space / site amenity than the minimum required area may apply that additional space that
exceeds the minimum towards the required space for a future building. In doing so, the applicant
shall demonstrate with each such building that the off-site open space is qualifying for the
proposed building in question.
(2) Large Development Area Civic Space Option
(a) Purpose: To provide larger properties within the City Center Form-Based Code District the ability
to provide a portion of their required open space in a coordinated, consolidated manner.
(b) Requirements: At the time of site plan application for any building proposed to make use of an
Civic Space under this sub-section, or, at the applicant’s discretion, as a separate miscellaneous
application, the following shall be submitted:
(i) A plan delineating the Area Affected and indicating the location of existing parcel lines, public
pedestrian or roadway easements, and public rights-of-way within the Area Affected. All
parcels included in the Area Affected must be contiguous, excepting public rights-of-way. All
land included within the Area Affected must be continuous, excepting public rights-of-way,
and shall consist of no fewer than 15 acres of land, exclusive of existing public pedestrian or
roadway easements and public roadways.
(ii) The plan also shall demarcate the area(s) to be designated as open space and for each such
civic space area identify the type(s) of qualifying civic space.
(iii) Each such area of qualifying civic space within the Area Affected shall consist of at least ½ acre
and shall include an entrance directly fronting a public street.
(iv) Demonstration of common ownership, control, or legal agreement among owners of land
within the Area Affected.
(v) Demonstration of pedestrian connectivity, showing that each existing or proposed building
within the Area Affected that will use the designated open space within the Area Affected to
provide any of the qualifying civic space required by these regulations will have uninterrupted
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pedestrian access (save for street or driveway crossings) to such qualifying civic space(s).
Access may consist of paved or unpaved surfaces but shall be intended for pedestrian and/or
bicycle use. Such uninterrupted pedestrian access to any designated civic space(s) must be
constructed and completed prior to the issuance of a Certificate of Occupancy for such
building.
(vi) Effect. Approval of a Large Property Civic Space Option shall afford the applicant the
following, in addition to the options available in Table 8-1:Designated civic space within the
Area Affected may be used to provide the qualifying open space required by these regulations
for any buildings within the Area Affected that are located within ¼ mile walking distance of
the designated civic space within the Area Affected. Distance shall be measured from the
nearest corner of the building to the entrance to the civic space via the pedestrian connection;
and,
(vii) Any designated civic space within the Area Affected shall be eligible to account for up to 50%
of the total qualifying civic space/site amenity required for a building within the Area Affected.
(d) Ongoing Accounting. The property owner / controlling entity of the Area Affected shall maintain
an ongoing tally of qualifying civic space required and provided for all development within the
area affected which shall be submitted whenever an application proposes a change in the
designated Civic Space or in the civic space/site amenity provided in connection with a building
within the Area Affected.
F. Off-Site Civic Space/Site Amenity Credits.
(1) Applicability. In lieu of providing Civic Space/Site Amenity as required by these Regulations, an
applicant may contribute to a designated City Fund that shall be used to acquire Civic Space and/or
for Civic Space capital improvements, both within the City Center FBC District, subject to the
following conditions and requirements:
(a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Civic Space/Site
Amenity for any parcel of less than two (2) acres in size.
(b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the
minimum required qualifying Civic Space / Site Amenity for any parcel of two (2) acres or more.
(2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum
required percentage of qualifying Civic Space / Site Amenity per Table 8-1 multiplied by the mean
current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect
Zones.
G. Landscaping Requirements.
(1) Per Section 13.04(G), new development must meet a minimum landscaping budget equal to 3% of
the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction
costs.
(2) Within the City Center FBC District, the minimum landscaping budget may be applied to non-bulb
perennial vegetation, or other amenities, as detailed in Table 8-2 and Article 11.B, Civic Space Types,
as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs
appropriate to the site.
(3) Off-Site Landscaping. Where Civic Space is approved to be located off-site or within a specified
distance of the site pursuant to Section 8.08(E), up to eighty-five (85) percent of the required
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landscaping budget may also be located off-site. Prior to the application of any landscaping budget
as permitted in this subsection, the applicant shall demonstrate to the Administrative Officer that
the site that is the subject of the application has been adequately landscaped with trees, shrubs, and
other non-bulb perennial vegetation, so as to provide a cohesive landscaping plan on the site. When
landscaping is proposed off-site or within a specified distance of the site, the total required landscape
budget shall increase by fifteen (15) percent.
Table 8-2. Landscaping Options
Zone
Maximum use of
Minimum
Landscaping Budget
Acceptable Palette of Options
T5 90% Palette includes commissioned sculptures (excluding signs1), fountains,
ornamental planters, ornamental or commissioned benches2, decorative
hardscapes, and ornamental or commissioned bicycle racks3.
T4 80% Palette includes same as T5.
T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for
community gardens, gazebos for common use, and rain gardens (as restricted
in Appendix F).
Note 1: Credit may be given for the incremental value by which the proposed amenity exceeds the specified requirement
for the district, at the discretion of the Administrative Officer or the Development Review Board where applicable.
Note 2: As defined in the South Burlington Sign Ordinance.
Note 3: Credit will not be given for the value of the land under which any of the above are constructed.
H. Maintenance.
All qualifying civic space / site amenity areas, and elements contained within, shall be maintained in good
condition and the entire area shall be kept clear of debris. Failure to maintain the area shall constitute a
violation of these Regulations.
8.09 Uses Allowed and Changes of Use
A. General Provisions.
Within the Transect Zones, all uses shall be allowed except as specified in Table 8-3, Table of Uses, these
Land Development Regulations, other applicable City ordinances and regulations and by state statute or
applicable state regulation. In Table 8-3 below (Transect Zone Table of Uses), where a use is not listed as
prohibited within a specific Transect Zone, it is allowed in that Transect Zone pursuant to these Land
Development Regulations.
B. Nonconforming Structures.
Table 8-3, Transect Zone Table of Uses, indicates uses that are prohibited in each Transect Zone for
structures that are not in full compliance with the applicable Building Envelope Standards. See also
Section 8.11 for nonconformities.
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Table 8-3. Transect Zone Table of Uses
Transect Zones Table of Uses
Non-Conforming
Structures, all
Transect Zones
T3/ T3+
T4
T5(1)
Adult use Prohibited Prohibited Prohibited Prohibited
Airport Uses Prohibited Prohibited Prohibited Prohibited
Animal shelter Prohibited Prohibited Prohibited Prohibited
Auto and/or motorcycle sales Prohibited
Auto and/or motorcycle service & repair Prohibited
Auto rental, with optional private
accessory car wash & fueling
Prohibited
Cannabis dispensary (cultivation only) Prohibited Prohibited Prohibited Prohibited
Car wash Prohibited
Commercial kennel and/or pet day care Prohibited Prohibited Prohibited Prohibited
Drive-through establishments, except
financial institutions
Prohibited Prohibited
Drive-through financial institutions Prohibited in T3 and
T3+
Prohibited
Equipment service, repair, and/or rental Prohibited
Junk yard Prohibited Prohibited Prohibited Prohibited
Lumber and/or contractor’s yard Prohibited Prohibited Prohibited Prohibited
Manufacturing / assembly from
previously prepared materials &
components
Prohibited
Mobile home, RV and/or boat sales,
repair & service
Prohibited
Motor freight terminal Prohibited Prohibited Prohibited Prohibited
Service Stations Prohibited
Transportation services Prohibited Prohibited Prohibited Prohibited
Warehousing & distribution Prohibited
Wholesale establishments Prohibited
Bottle redemption centers Prohibited
Outdoor storage in connection with any
permitted use, except for dumpsters
which must be reviewed for adequate
screening during the development
approval process
Prohibited
Uses that require regular (1 trip
weekday or greater) trips using 24,000
lb. vehicles
Prohibited in T3 and
T3+
Prohibited
ALL OTHER USES
(1) Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this
subsection, residential uses include dwelling units and any other form of permanent housing
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including but not limited to group homes, residential care homes, congregate care, assisted living,
continuum of care facilities, group quarters, or hospices.
C. Changes of Use.
Changes of Use within the Form-Based Code shall require site plan approval if:
(1) Changes are proposed to the Site Plan; or,
(2) Except within the T5 District, the change in use will result in an increase of 75 PM Peak Hour Vehicle
Trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as defined within these
regulations, whichever is greater.
8.10 Review Procedures
A. Site Plans and Other Applications.
See Article 14, Site Plan.
B. Subdivisions.
The applicable sections of Article 15 (set forth in Section 8.02) shall only apply to subdivision review.
Planned Unit Developments are not permitted within the Transect Zones and City Center Form-Based
Code (FBC) District.
C. Development Review Board Review Authority.
Notwithstanding other Articles of these Regulations, any authority granted to the Development Review
Board under this Article 8 shall remain with the Development Review Board and shall not be delegated to
Administrative Review. Any authority granted to the Administrative Officer shall remain with the
Administrative Officer except upon appeal of the Administrative Officer’s decision.
8.11 Nonconformities
A. Purpose.
The purpose of this section is to establish regulations and limitations on the continued existence of uses
and structures established prior to the effective date of this Code that do not conform to the provisions
of this Code. Nonconformities may continue, but the provisions of this Section are designed to limit
investment in nonconformities and to bring about their eventual elimination, where appropriate, in order
to preserve the integrity of the regulations established in this Code.
B. Nonconforming Uses.
(1) Authority to Continue. Nonconforming uses may be continued provided the conditions in this
Section are met.
(2) Repair and Alterations. Repair and alterations, including structural alterations, may be performed
on any structure that is devoted in whole or in part to a nonconforming use, provided the comply
with the Code, including any limitations on any conforming structures.
(3) Extensions/Expansions
(a) A nonconforming shall not be extended, expanded, enlarged or increased in size, footprint or
coverage.
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(b) No nonconforming use may be extended to displace a conforming use.
(4) Change in Use. A nonconforming use only may be changed to a use allowed in this applicable Transect
Zone. A nonconforming use may not be changed to another nonconforming use. A nonconforming
use that is changed to a conforming use may not revert back to any nonconforming use.
(a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building
containing one or more nonconforming uses from utilizing a portion of the building for a
conforming use, provided there is no expansion or extension of a nonconforming use or uses as
part of such a change in use.
(5) Abandonment. See Section 3.15(G)
C. Nonconforming Structures.
(1) Authority to Continue. Nonconforming structures may be continued provided conditions in this
Section are met.
(2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure,
provided they comply with the Code and with the following:
(a) When the total area of alterations to the primary building façade, or to the building façade that
is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade,
the alterations shall comply with the Building Standards described in the BES applicable to the
Transect Zone (excluding build-to-zone and story requirements). For the purposes of this
subsection, window and window casing replacement, painting, adding or removal of siding, and
other similar changes shall not be considered in this total area of alterations calculation. For
multi-tenant buildings, the standard shall apply separately for each tenant area where that
tenant gross floor area exceeds 10,000 square feet.
(b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non-
conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind
replacement of vinyl exterior finish materials with new vinyl finish materials shall also be
permitted. Replacement of any other type of exterior finish materials listed as prohibited in
Section 8.07 shall not be permitted.
(c) Structural alterations involving the replacement, relocation, removal, or other similar changes to
more than 50% of all load bearing wall / pillar elements of a building shall require compliance
with all standards within these Regulations.
(3) Damage to Nonconforming Structures. See Section 3.15 (F)
D. Extensions/Expansions.
(1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be altered,
provided, however, that no enlargement, maintenance or alteration creates any additional
nonconformity or increases the degree of the existing nonconformity of all or any part of such
structure. See Figure 8-1.
(2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet may be
altered in a manner that increases the nonconformity by no more than the percentage of the existing
gross square footage listed below in Table 8-4. See Figure 8-1
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Table 8-4 Extensions / Expansions
Structure
Size
<1,000 SF GFA 1,001 – 2,500
SF GFA
2,501 – 5,000
SF GFA
5,001 – 10,000
SF GFA
10,001 –
20,000 SF GFA
Percent
Permitted
75% 35% 30% 25% 10%
Example: A 20,000 sq. ft. structure may be enlarged or altered in a nonconforming
manner (expand to side by a maximum total of 2,000 sq. ft.)
E. Relocation.
No nonconforming structure may be relocated in whole or in part to any other location on the same or
any other lot unless the structure and its location conform to these Regulations.
F. Open Space.
(1) Purpose: To create a fair and equitable transition from the prior requirements for a maximum lot
coverage percentage to the new requirements for a minimum amount of Qualifying Open Space.
(2) Where any of the following apply, the applicant shall be required to obtain approval from the
Development Review Board or Administrative Officer for the identification of approvable open space
prior to any Land Development:
(a) A proposed addition to a non-conforming building exceeds 5,000 square feet GFA;
(b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area, whichever
is greater; or
(c) A portion of a lot developed with one or more building is proposed to be subdivided,.
(3) The identification shall be completed as follows:
(a) The applicant shall identify, on a plan, Qualifiable Civic Space / Site Amenity area(s) for the lot,
or in the case of a subdivision, lots, totaling no less than the minimum required percentage of
Qualifying Civic Space / Site Amenity listed in Table 8-1 (Civic Space / Site Amenity
Requirements), based on the existing uses and buildings on the lot(s);
(b) At the time of identification and approval, the applicant shall not be required to enhance any
Qualifiable civic spaces / site amenities to meet any of the additional requirements of Appendix
F or to locate any such Qualifying civic space / site amenity on-site, except:
(i) Where more than 50% of the Qualifiable Civic Space / Site Amenity consists of impervious
areas, the amount of such impervious civic space / site amenity that exceeds 50% shall be
enhanced to full compliance with Appendix F and such Qualifying Civic Space / Site Amenity
shall be located on-site as depicted on the plan;
(c) Any new buildings or expansions of existing buildings shall be required to comply with all Civic
Space / Site Amenity Requirements of Section 8.08 (Civic Space / Site Amenity Requirements);
and,
(d) An application to expand an existing building on a lot for which Qualifiable Civic Space / Site
Amenity has been identified and approved may meet its minimum Qualifying civic space / site
amenity requirements in Table 8-1 by enhancing the minimum required amount of the identified
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Qualifiable Civic Space / Site Amenity to full compliance with Article 11.B and locating that
Qualifying Civic Space / Site Amenity on-site as depicted on the plan.
(4) The identification of approvable Civic Space / Site Amenity shall be a one-time requirement. No
further such approval shall be required unless the applicant requests a modification of areas
identified and approved as Qualifiable Civic Space / Site Amenity.
Figure 8-1 Nonconformity Build-to Requirements
Figure 8-1A. Front: Addition
Any addition to the front must move toward
build to zone. The addition does not have to
meet the frontage buildout.
Figure 8-1 A. Front: New Building
A new building must be placed in the build to
zone until the frontage buildout has been met.
Figure 8-1 B. Rear: Addition
Rear additions are allowed because the
extension does not increase the degree of the
non-conformity.
Figure 8-1 B. Rear: New Building
New Buildings located outside of the build-to
zone are not allowed until the frontage buildout
has been met.
Permitted
Permitted Permitted
Not Permitted
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Figure 8-1 C. Side: Addition
Side additions are not allowed because
the extension increases the width of the
building not in the Build-to zone.
Figure 8-1 C. Side: New Building
New Buildings located outside of the
build-to zone are not allowed until the
frontage buildout has been met
Figure 8-1 D. Side: Addition ( Large Building)
Side additions are not allowed because the extension increases the width of the building not in the Build-
to zone.
Not Permitted
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Adopted 12/5/2022
Figure 8-1 D. Side: Addition (Large Building)
Add new connected street1 and side additions are now allowed because the new street establishes a new
Build-to-Zone.
Note 1: New street shall be selected from the pre-determined FBC street types allowable in the site’s
transect designation and shall conform to block standards (block lengths).
Permitted
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Figure 8-1 E. Tiers
Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and
frequency of doors) , FBC civic space / site amenity standards and/or combination of the two. Surface
parking is not conforming.
Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or open space
standards*
Note 1: Large parcels: Parcels with street frontages greater than 300' may expand laterally the percentage
of the build out at Tier 1 in the same lateral location of the conforming build out.
Permitted
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8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards
(A) Purpose
Primary Building
Façade Requirements
Secondary Building
Façade Requirements Supplemental
(B) Lot Standards
(1)Lot Dimensions.
(a)Lot Size
(b)Lot Width
(2)Lot Occupation.
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types.
(a)Detached single family dwelling
(b)Two-family dwelling
(c)Multi-family housing
(d)Detached mixed-use storefront
(e)Cottage
(f)Accessory Structure
(g)Carriage House See note 5
(h)Small-Lot Multi Family dwelling See note 5
(2)Building Stories.
(a)Principal
(b)Accessory
(3)Floor-to-Ceiling Height.
(a)First story
(b)Upper Stories
(4)Build-to Zone.See T3 & T3+ Figures
(a)Primary Build-to-Zone 5' min., 20' max.5' min., 30' max.
(b)Secondary Build-to-Zone 5' min., 30' max.5'. min., 45' max.
(c)Side Setback, Principal Structure 8' min., no max.8' min., no max.
(d)Rear Setback, Principal Structure 20' min., no max.Not applicable
(e)Side Setback, Accessory Structure 8' min., no max.8' min., no max.
(f)Rear Setback, Accessory Structure 8' min., no max.Not applicable
(g)Setback from rear of Principal Structure for any Accessory
Structures
10' min., no max.No closer to street
than Principal
Structure
(5)Frontage.See T3 & T3+ Figures
(a)Frontage Buildout None None
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% min., no max.No min., no max.
(c)Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% min., 25% max.no min., no max.
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
None
70' min., 120' max. [150' max if Cottage Court]
(See note 3)
75% max.
4 units per acre min.
T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built
environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations
typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi-family, corner stores,
and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not
including on-street parking) shall be away from the primary street.
Permitted
Permitted
T3 and T3+ BES Standard
1.5 min.; 2.5 max. (T3), 3.5 max. (T3+)
1 max.
12' max.
10' max.
South Burlington Land Development Regulations
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
Primary Building
Façade Requirements
Secondary Building
Façade Requirements SupplementalT3 and T3+ BES Standard
(6)Entrances.See Entrances Figure
(a)Frequency of Public Entrances, non-residential first story
use
1 per unit min.
(b)Maximum distance between Public Entrances, non-
residential first story use
Not applicable
(c)Frequency of Operable Entrances, residential first story use 1 per unit min., except as listed in note 5
(d)Maximum distance between Operable Entrances,
residential first story use
Not applicable
(e)Frequency of Public Entrances on first story for non-
residential second story uses
1 per upper story unit min.
(f )Frequency of Public Entrances on first story for upper
residential story use
1 per 2 units (See notes 4 and 5)
(7)Glazing.See Glazing Figures
(a)First Story Min. 30% of the length
of the building, and
min. 3' in height
Min. 15% of the length
of the building, and
min. 3' in height
(b)First Story, percent of glazing required to be transparent 75% min.75% min.
(c)Upper Stories Min. 25% of the length
of the building, and
min. 3' in height
Min. 12.5% of the
length of the building,
and min 3' in height
(d)Upper Stories, percent of glazing required to be
transparent
75% min.75% min.
(8)Building Breaks.See Bldg. Breaks Figure
(a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36'
(b)Single Span of Horizontal Facade Without a Break 24' max.36' max.
(9)Garages.
(a)
(b)
(c)
(9)Supplemental Building Standards.
(a)Awnings, Stoops, Vestibules
(b)All homes in residential subdivision (unless in cottage court
configuration) shall face street.
(c)Subdivisions will not be designed or laid out in a manner
that will result in placing the rear of homes next to streets.
(d)Primary facades of homes shall face the street.
(e)Variation in building façade encouraged and blank walls
strongly discouraged.
(f)To the extent possible, the narrow face of the building
should be oriented to the street.
Required
Garage doors facing an alley are permitted and highly encouraged.
Required
Encouraged
Encouraged
Required
notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a
Principal Building shall be permitted.
Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the
primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building.
Encouraged
South Burlington Land Development Regulations
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ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
Primary Building
Façade Requirements
Secondary Building
Façade Requirements SupplementalT3 and T3+ BES Standard
(D) Block and Street Standards.
(1)Blocks.See Section 8.04
(a)Perimeter
(b)Length See note 3
(c)
(2)Street Types.See Article 11
(a)Neighborhood Street
(b)Neighborhood Street Narrow
(c)Neighborhood Street / Bike Boulevard
(e)Support Street
(f)Market Street
(g)Lane
(h)Alley
(i)Path
(j)Pedestrian Pass
(k)All other streets
(3)Curb Cuts.
(a)On Market Street
(b)All other streets
(E ) Parking Standards
(1)Parking Requirements.
(a)Per Residential Unit See note 4
(2) Location & Screening.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(F) Supplemental District Standards
(1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply:
(a) A buffer strip shall be required.See Section 18.02(B)
(G) Streetscape Standards(1)General Standards.
(a)
(b)
(c)
(2)Streetscape Requirements.
(a)Benches
(b)Bicycle Racks for at least 5 bikes
(c)Street Tree Spacing, on centerNotes
(1)
(2)
(a)
(3)
(4)
(a)
(b)
(c )
(5)
Proposed development shall comply with all requirement of Article 11.
Upper Story Glazing Shall comply with the following standards:
Public and Operable Entrances for Upper Story Units:
For corner units, the balcony shall be required along the Primary Street.
For a lot or property to be developed or improved, lot width requirements shall be met.
No units located entirely on the third story shall be permitted.Permitted on lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and
are less than 1/2 acre in area. A single such lot may contain either one carriage house or one small-lot multi-
family dwelling.
Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and
20% on secondary building facades.
New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height.
Parking under structures is encouraged.
Parking shall only be permitted in compliance with applicable BES standards.
Residential: all parking shall be located to the side or rear of buildings.
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
Non-residential: all parking shall be on-site and located behind the Principal building.
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than
two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the
street containing the secondary building facade.
50' max. average
As determined by DPW
1 min. per 300' frontage
All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio.
New construction resulting in additional non-residential gross floor area or residential units shall meet T3
and T3+ Parking Standards.
New parking is allowed in the side yard.
Parking spaces may be leased from the city or a private landowner.
70' min. distance between curb cuts
3 max.
300' min., 1,000' max.
Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least
8' in width that connects to another street.
Permitted, qualifies as a street
Permitted, qualifies as a street
Permitted, qualifies as a street
Permitted, qualifies as a street
Permitted connection, not a street
400' min. distance between curb cuts
4,000' max.
Permitted connection, not a street
Permitted connection, not a street
Permitted, qualifies as a street
Prohibited
Permitted, qualifies as a street
South Burlington Land Development Regulations
Page 121 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
Carriage House Building Type
Description
Lot and Building Placement
Lot Frontage Maximum 100'
Lot Depth N/A
Lot Area Maximum 1/2 acre
Units & Scale
Dwelling Units Maximum of 2
Building Footprint Maximum 60% of footprint of principal structure
Building Area Maximum 60% of area of principal structure
Building Placement
Principal Building Principal building on lot must meet T3 Frontage requirements
Build-to-Zone Front facade must be at or behind the rear of the principal
building
Rear Setback Per T3 standards of principal buildings
Side Setback Per T3 standards of principal buildings
Parking Location Per T3 standards
Open Space Per T3 standards
Other Per T3 standards
A second building either attached to or detached from the primary house and commonly used for
storage of vehicles and household items. The carriage house may also be used for up to two
additional dwellings units.
South Burlington Land Development Regulations
Page 122 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
Narrow-Lot Multi-Family Building
Description
Lot and Building Placement
Lot Frontage Maximum 100'
Lot Depth N/A
Lot Area Maximum 1/2 acre
Units & Scale
Dwelling Units Maximum of 6
Frontage Buildout Minimum 50%
Building Placement
Build-to-Zone Per T3 standards
Rear Setback Per T3 standards
Side Setback Per T3 standards
Parking Location Garages shall not face street except if blocked from view by
building
Open Space Per T3 standards
Other
Front Porch A covered front porch of at least 10' in width and 7' in depth is
required
Front Doors At least one operable entry shall face the street
Other Standards Per T3
Multi-family building on a narrow lot. Front of building has a strong street presence and building is
oriented towards the street. Appearance of the building from the street is of a single-family or
small multi-family building. Additional units may be side or rear-accessed, up to maximum
allowable.
South Burlington Land Development Regulations
Page 123 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-1
8.13 T-4 Urban Multi-Use Building Envelope Standards
(A) Purpose
Primary Building
Façade Requirements
Secondary Building
Façade
Requirements
Supplemental
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size
(b)Lot Width
(2)Lot Occupation
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types
(a)All Types(2)Building Stories
(a)Principal
(b)Accessory
(3)Floor-to-Floor Height
(a)First story
(b)Upper Stories
(4)Build-to-Zone See T4 Figures
(a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max.See note 3
(b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.See note 3
(5)Frontage See T4 Figures
(a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1)See note 3
(b)Frontage Buildout , Secondary Streets 70% Min. within 80' of
Primary Street, 50%
Min. elsewhere
70% Min. within 80'
of Primary Street,
50% Min. elsewhere
(Note 1)
See note 3
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% Min.100% Max.See note 3
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% Min., 25% Max.100% Max.See note 3
(6)Entrances See Entrances Figure
(a)Average frequency of Public Entrances, non-residential
first story use
36' Max.54' Max.See note 3
(b)Maximum distance between Public Entrances, non-
residential first story use
46' Max.72' Max.See note 3
(c )Average Frequency of Operable Entrances, residential first
story use
36' Max.54' Max.See note 3
(d)Maximum distance between Operable Entrances,
residential first story use
46' Max.72' Max.See note 3
(7)Glazing See Glazing Figure
(a)First Story Min. 40% of the
Width of the Building,
and Min. 7.5' in
Height for non-
residential and 6' in
height with min.
window head height
of 7.5' for residential
Min. 20% of the
Width of the
Building, and Min
7.5' in Height for non-
residential and 6' in
height with min.
head height of 7.5'
for residential
(b)First Story, percent of glazing required to be transparent 75% Min.75% Min.
(c )Upper Stories
24' Max.
T4 BES Standard
Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s).
Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of
freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism.
Parking (not including on-street parking) shall be away (or hidden) from the street.
None
None
None
Permitted
2 Min., 5 Max.
1 Max.
None
14' Max
See Note 2
South Burlington Land Development Regulations
Page 124 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-2
Primary Building
Façade Requirements
Secondary Building
Façade
Requirements
SupplementalT4 BES Standard
(d)Ground story residential privacy
(8)
Building Breaks See Bldg Breaks Figure
(a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'
(b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max.
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules
(D) Block and Street Standards
(1)Blocks See Section 8.04
(a)Perimeter See note 3
(b)Length See note 3
(2)Street & Connection Types See Article 11
(a)Neighborhood Street Narrow
(b )Neighborhood Street
(c)Private commercial way
(d)Support Street
(e)Commercial Street
(f)Avenue
(g)Commercial Boulevard
(h)Destination Street
(i)Market Street and Garden Street
(j)Path
(k)Pedestrian Pass
(l)Alley
(m) All other street types
(4)Curb Cuts (not including street intersections)
(a)On Market Street
(b) On Garden Street
(b)All other streets
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit
(2) Location & Screening
(a)
(b)
(c )
(d)
(e )
(f)
(3) Off-Site Parking
(F) Supplemental District Standards
(1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply:
(a) A buffer strip shall be required See Section 8.06(E)
(b)
(c )
(d)
2 spaces Max.
Permitted, Qualifies as a Street
2,800' Max.
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses.
Parking shall only be permitted in compliance with applicable BES standards for building frontage
Permitted, Qualifies as a Street
Permitted Connection, Not a Street
Prohibited
The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building
line; and,
The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear
building line.
Permitted, Qualifies as a Street
300' Min., 700' Max.
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Encouraged
Ground story facades facing a street or
public park shall be designed to provide
privacy to the interior of the units through
either establishing a window sill height of at
least 36" above the adjacent sidewalk or a
combination of landscaping and hardscaping
to create the same effect.
No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall
exceed four (4) stories in height.
Permitted, Qualifies as a Street
(a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses.
400' Min. distance between curb cuts
400' Min. distance between curb cuts
Permitted, Qualifies as a Street
100' Min. distance between curb cuts
Permitted Connection, Not a Street
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Parking under structures is encouraged
New construction resulting in additional non-residential gross floor area or residential units shall meet T-
4 Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landownerNew parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
South Burlington Land Development Regulations
Page 125 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-3
Primary Building
Façade Requirements
Secondary Building
Façade
Requirements
SupplementalT4 BES Standard
(e)
(f )
(2)
(a)
(b)
(c)
(d)
(e)Such building shall comply with all other provisions of these Regulations.
(3)
(a)
(b)
(4)
(5)See Note 3
(G) Streetscape Standards
(1)General Standards
(a)
(b)
(c )
(d)Proposed development shall comply with all requirement of Article 11
(2)Streetscape requirements
(a)Benches
(b)Bicycle Parking
(c )Street Tree Spacing, on center
Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(e) A minimum of 85% of all required glazing shall be transparent
(3)
All streetscape features must be consistent within a project and be compatible with adjacent features
erected following adoption of this Code.
Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories;
Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance
between entries of 60'; and,
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if
each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least
7 inches wide.
Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or
glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that
a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the
building façade facing said street.
Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count
towards Frontage Buildout requirements.
Permitted
May be used to meet short-term
requirements of 13.14
50' Max. average
(a) Upper story glazing shall be a minimum of 30% of the façade area below the roofline on the primary
building facade and 20% on secondary building facades.
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout on the BES shall be
reduced by 50% on the street containing the secondary building facade.
Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet;
Such building shall have a maximum footprint of 3,500 square feet; and,
Such building shall comply with all other provisions of these Regulations.
No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction
from any existing single-story building approved under this subsection;
Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop
structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet
(12’) from the primary and secondary building facades.
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to
the following requirements:
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
Standard does not apply to a building façade abutting an Interstate or Interstate ramp
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum
of 3 inches, except for bay windows and storefronts.
Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to
the following requirements:
Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or
more significant architctural features, such as but not limited to, vertical projections, changes in materials, top-
story open spaces, and/or first-floor prominent features.
(b) 80% of glazing on upper stories shall be taller than wide
South Burlington Land Development Regulations
Page 126 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
8.14 T-5 Building Envelope Standards
(A) Purpose.
Primary Building
Façade Requirements
Secondary Building
Façade Requirements Supplemental
(B) Lot Standards.
(1)Lot Dimensions.
(a)Lot size
(b)Lot Width
(2)Lot Occupation.
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards.
(1 Building Types.
(a)All Types
(2Building Stories.
(a)Principal
(b)Accessory
(3Floor-to-Floor Height.
(a)First story
(b)Upper Stories
(4Build-to-Zone.See T5 Figures
(a)Primary Build-to-Zone 0' min., 6' max.0' min., 9' max.
(b)Secondary Build-to-Zone 0' min., 24' max.0'. min., 36' max.
(5)Frontage.See T5 Figures
(a)Frontage Buildout 85% min.85% min. (Note 1)
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% min.50% min.
(c)Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% min., 25% max.50% max.
(6)Entrances.See Entrances Figure
(a)Average frequency of Public Entrances, non-residential
first story use
30' max.45' max.
(b)Maximum distance between Public Entrances, non-
residential first story use
40' max.60' max.
(c)Average Frequency of Operable Entrances, residential first
story use
(d)Maximum distance between Operable Entrances,
residential first story use
(7)Glazing.See Glazing Figure
(a)First Story Min. 80% of the Width
of the Building, and
min. 7.5' in Height
Min. 40% of the Width
of the Building, and
min 7.5' in Height
(b)First Story, percent of glazing required to be transparent 75% min.75% min.
(c)Upper Stories
(8)Building Breaks.See Note 3 & Bldg.
Breaks Figure
(a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'
(b)Single Span of Horizontal Facade Without a Break Recommend every 24-
48 feet; 60' max.
Recommend every 24-
48 feet; 60' max.
(9)Supplemental Building Standards.
(a)Awnings, Stoops, Vestibules
(D) Block and Street Standards
(1)Blocks.See Section 8.04
(a)Perimeter
Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown,
multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses
permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street.
None
None
None
None
T5 BES Standard
Encouraged
Permitted
2 min., 6 max.
14' min., 20' max.
10' min., 14' max.
Not applicable
1 max.
1,600' max.
Not applicable
See Note 2
South Burlington Land Development Regulations
Page 127 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
Primary Building
Façade Requirements
Secondary Building
Façade Requirements SupplementalT5 BES Standard
(b)Length
(2)Street and Connection Types.See Article 11
(a)Destination Street
(b)Support Street
(c)Neighborhood Street Narrow
(d)Market Street & Garden Street
(e)Path
(f)Alley
(b)Pedestrian Pass
(h)All other street types
(3)Curb Cuts.
(a)On Market Street
(b)On Garden Street
(c)All other streets
(E ) Parking Standards
(1)Parking Requirements.
(a)Per Residential Unit
(2) Location & Screening.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3) Off-Site Parking.
(a
(b
(c
(F) Supplemental District Standards
(1)Upper Story Setbacks.
(a)
(b)
(G) Streetscape Standards
(1)General Standards.
(a)
(b)
(c)
(d)Proposed development shall comply with all requirement of Article 11
(2)Streetscape Requirements.
(a)Benches
(b)Bicycle Parking
(c)Street Tree Spacing, on center
Off-site parking within 600’ may be used to meet parking requirements for Residential uses.
Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses.
Shared parking may be used to meet parking requirements (See Article 13).
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
Permitted
May be used to meet short-term requirements
of 13.14
30' max. average
2 spaces max.
All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the
primary and secondary building facades.
All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all
Alleys.
New construction resulting in additional non-residential gross floor area or residential units shall meet T-5
Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landowner
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
Permitted, Qualifies as a Street
Parking under structures is encouraged
Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout
New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft.
Prohibited
Prohibited
Prohibited
100' min. distance between curb cuts
All streetscape features must be consistent within a project and be compatible with adjacent features
erected following adoption of this Code.
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
400' max.
Permitted Connection, Not a Street
Permitted Connection, Not a Street
South Burlington Land Development Regulations
Page 128 of 347
ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT
Primary Building
Façade Requirements
Secondary Building
Façade Requirements SupplementalT5 BES Standard
Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(a
)
(b
(c
)
(d
)
(e
)
(3)Building Break Standards also apply to any façade facing a Qualifying Open Space.
Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary
building facade and 20% on secondary building facades.
80% of glazing on upper stories shall be taller than wide.
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout in the BES shall be
reduced by 50% on the street containing the secondary building facade.
The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if
each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at
least 7 inches wide.
Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum
of 3 inches, except for bay windows and storefronts.
Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding
bay windows and storefronts).
South Burlington Land Development Regulations
Page 129 of 347
South Burlington Land Development Regulations
Page 130 of 347
432.01 No zoning permit shall be required to erect, enlarge or alter a fence six feet high or less in a distric t. However th e follo wing shall apply A. Fences six feet in height or less shall not be required to meet setback requireme for the district w here located; however, the fence must be erected a minimum of thr feet from the property line, must be kept structurally sound, and the finish face of fence must face the exterior boundary. W ith a zoning permit and a joint applicat between abutt ing property owners, fences less than six feet in height or less may erected with no set back from the property line and the finish face of the fence m face any direction. B. No fences over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection C. No fences are allowed in any City Right-Of-Way 432.02 No zoning permit s hall be requir ed to erect, e nlarge or alter a wall four feet high or less in a district. Walls over four feet high shall require a zoning permit and site plan review by Development Revie w Board. However the following shall a pply A. Walls fo ur feet in heig ht or le ss sha ll not b e required to meet setback requirements the district where located; however, the wall must be erected a minimum of three f from the property line and must be kept structurally sound. W ith a zoning permit a a joint a pplication between abutting property owners, walls less than four feet in hei or less may be erecte d with no set back fr om the property line. B. Walls shall be designed and located so as to not adversely affect the existing draina pattern on any other property. C. No wall over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. D. No wall s are a llowed in any City Right-Of- Way 432.03 No zoning permit shall be required for hedges. However the following shall apply A. No hedge over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. B. No hedges are allowed in any City Right- Of-Way
South Burlington Land Development Regulations
Page 131 of 347
Lot Width- Refer to Section
8.12.B.1.a and b
Side Setback- Refer to
Section 8.12.C.4.c, e
Side Setback- Refer to
Section 8.12.C.4.c, e
Primary Build to Zone- Refer to
Section 8.12.C.4.a
Garages- Refer to
Section8.12.C.9.a ,b
Side Setback (If Corner Lot)\Rear Setback (If Interior Lot):
Accessory Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.f
Side Setback (If Corner Lot)\Rear Setback (If Interior Lot):
Principal Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.d
Qu
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T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE
BUILDING ENVELOPE STANDARDS
Primary Build to Zone-
Refer to Section 8.12.C.4.a
Primary Build to Zone-
Refer to Section 8.12.C.4.a
Secondary Build to Zone - Refer to
Section 8.12.C.4.b
Lot Width- Refer to Section
8.12.B.1.a, b
Building Standards: Stories- Refer to
Section 8.12.C.2.a,b
Building Standards: Heights- Refer to
Section 8.12.C.3.a,b
Street Types - Refer to Article 11
South Burlington Land Development Regulations
Page 132 of 347
T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE
LOT FRONTAGE STANDARDS
Buildin
g
L
o
t
Buildin
g
L
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Building Standards: Frontage-
Refer to Section 8.12.C.5.a-c
Primary Build to Zone
Secondary Build to Zone
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South Burlington Land Development Regulations
Page 133 of 347
Street Types - Refer to Article 11
T4 URBAN MULTI USE
BUILDING ENVELOPE STANDARDS
Primary Building Facade: Primary Build
to Zone - Refer to Section 8.13.C.4.a
Secondary Building Facade: Primary Build to
Zone - Refer to Section 8.13.C.4.a
Secondary Building Facade: Secondary Build
to Zone - Refer to Section 8.13.C.4.b
Primary Building Facade: Secondary Build
to Zone - Refer to Section 8.13.C.4.b
Building Lot
Building Lot
Glazing, Building Break and
Entrance Standards-see
separate drawings
Qualif
y
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South Burlington Land Development Regulations
Page 134 of 347
T4 URBAN MULTI USE
LOT FRONTAGE STANDARDS
Buildi
n
g
L
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t
Buildi
n
g
L
o
t
Buildi
n
g
L
o
t
Buildi
n
g
L
o
t
Building Standards: Primary Facade
Frontage- Refer to Section 8.13.C.5.a-c
Building Standards: Secondary Facade
Frontage- Refer to Section 8.13.C.5.a-c
Primary Facade: Primary
Build to Zone
Secondary Facade:
Primary Build to Zone
Primary Facade: Secondary
Build to Zone
Secondary Facade:
Secondary Build to Zone
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South Burlington Land Development Regulations
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Secondary Building Facade:
Primary Build to Zone-
Refer to Section 8.14.C.4.a
T5 CITY CENTER
BUILDING ENVELOPE STANDARDS
Primary Building Facade: Primary Build
to Zone - Refer to Section 8.14.C.4.a
Secondary Building Facade:
Secondary Build to Zone -
Refer to Section 8.14.C.4.b
Primary Building Facade: Secondary Build
to Zone - Refer to Section 8.14.C.4.b
Building Lot
Building Lot
Building Standards: 6th Story Setback -
Refer to Section 8.14.F.1.b Building Standards: Upper
Stories Setback - Refer to
Section 8.14.F.1.a
Street Types - Refer to Article 11
Glazing, Building Break and Entrance
Standards-see separate drawings
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T5 CITY CENTER
LOT FRONTAGE STANDARDS
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Building Standards: Primary Facade
Frontage- Refer to Section 8.14.C.5.a-c
Building Standards: Secondary Facade
Frontage- Refer to Section 8.14.C.5.a-c
Primary Facade: Primary
Build to Zone
Secondary Facade:
Primary Build to Zone
Primary Facade: Secondary
Build to Zone Secondary Facade:
Secondary Build to Zone
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ENTRANCE STANDARDS
Residential Entrances T4: -
Refer to Article 8.13.C.6.c,d
Public Entrances T4 and T5: - Refer to
Article 8.13.C.6.a, Article 8.14.C.6.a
Public Entrances T4 and T5: - Refer to
Article 8.13.C.6.b, Article 8.14.C.6.b
Building Heights T4 and T5: - Refer to
Article 8.13.C.3.b, Article 8.14.C.3.b
Building Stories T4 and T5: - Refer to
Article 8.13.C.3.a, Article 8.14.C.3.a
South Burlington Land Development Regulations
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GLAZING STANDARDS BUILDING BREAKS
Glazing T4 and T5: - Refer to Article 8.13.
NOTES.2.a-e, Article 8.14.NOTES.2.a-e
Building Horizontal FacadeT3,
T4 and T5: - Refer to Article
8.12.C.8.a, Article 8.13.C.8.a,
Article 8.14.C.8.a
Material Change
Vertical Plane Shift
Horizontal Plane Shift
Single Span Horizontal
FacadeT3, T4 and T5: Refer
to Article 8.12.C.8.b, Article
8.13.C.8.b, Article 8.14.C.8.b
Rooftop Requirements: -
Refer to Article 8.06.G.1-2
Glazing T4 and T5: - Refer to Article
8.13.C.7.a, Article 8.14.C.7.a
South Burlington Land Development Regulations
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ARTICLE 8 TRANSECT ZONE STREET TYPOLOGIES
South Burlington Land Development Regulations
8.15 City Center FBC Master Plan Review and Approval [Reserved]
8.16– 8.18 [Reserved]
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ARTICLE 9 SOUTHEAST QUADRANT-SEQ
South Burlington Land Development Regulations
9 NATURAL RESOURCE PROTECTION - NRP
9.01 Purpose
9.02 Subdivision and Development Standards
9.01 Purpose
The Natural Resources Protection District (NRP) promotes open space preservation, scenic view and
natural resource protection, wildlife habitat preservation, and continued agriculture. The natural features,
visual character and scenic views offered in this area have long been recognized as very special and unique
resources in the City and worthy of protection.
9.02 Subdivision and Development Standards
A. Subdivision and Development Potential and Uses
Any land that lies within a NRP sub-district may only be developed in the following manners:
(1) Land area to be conveyed as dedicated open space to the City of South Burlington or to a qualified
land trust.
(2) Subdivision and construction of a dwelling unit(s) pursuant to Section 9.02B or 9.02C below;
(3) Development with uses other than residences, as listed in Table C-1, subject to the Development
Review Board’s approval of a conservation plan that balances development or land utilization and
conservation.
(4) Additions or alterations to existing structures, and new or altered accessory structures and lot
coverage subject to the requirements of Section 9.02C below.
B. Residential Development Allowance
A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within the
NRP may be improved with one or more dwelling units, subject to conditional use review and the following
supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit no
more than one principal structure containing one (1) or two (2) units and only where:
(a) The portion of the lot in any non-NRP district is insufficient to accommodate the construction
and use of a single-family dwelling unit or duplex in compliance with these Regulations;
(b) Standards of Section 9.02C are met.
(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may
allow a subdivision of no more than three (3) lots and construction no more than three (3) principal
buildings, containing a total of up to six (6) dwelling units on all lots collectively only if the portion of
the lot in any non-NRP district is insufficient to accommodate the construction and use of at least
three (3) dwelling units.
(a) The arrangement of lots, structures, and access drives shall be clustered such that dwelling units
are located no more than one hundred (100) feet between principal structures on the adjacent
lots within the subdivision,
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SOUTHEAST QUADRANT-SEQ ARTICLE 9
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(b) Such subdivision plan shall be subject to the Development Review Board’s approval of a
conservation plan in a form acceptable to the City Attorney that permanently encumbers the
land against further land subdivision and development, and;
(c) All lots intended for development shall be subject to the standards of Section 9.02C.
C. Supplemental Design and Conservation Standards.
Where development is permitted in accordance with this section, the following supplemental design
standards shall apply:
(1) For a newly subdivided lot, principal building, or use:
(a) A building envelope that encompasses all areas to be used for principal and accessory buildings,
patios or decks, parking areas, lawn, or other recreational amenities such as tennis courts, pools,
etc. must be established shown on a plan. The building envelope must:
(i) be located on the site in a manner that represents the least impact on the purposes of this
District;
(ii) exclude all Hazards and Level I Resources, except as specifically approved in accordance with
applicable standards of Article 12 or that minimizes impact on the Habitat Block if the lot is
entirely covered by Habitat Block; and,
(iii) be minimized in size to reflect and implement the purposes of this zoning district.
(b) Access drives shall be minimized in length except as needed to avoid impacts to Hazards, Level I,
and Level II Resources, other resources identified for conservation, or other physical or legal
constraints on the parcel. Utility service components, such as transformers and amplifiers, may
be installed at ground level where such accords with standard industry practices.
(2) For pre-existing land with no established building envelope, any addition to structures, impervious
surfaces, or amenities that add more than 1,000 s.f., in the NRP district, cumulatively, from the date
of adoption of these regulations, shall be required to establish a building envelope pursuant to
subsection (1). The DRB may adjust the maximum size of a building envelope to accommodate pre-
existing conditions.
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ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO
South Burlington Land Development Regulations
10 SELECTED OVERLAY DISTRICTS SVP, IHO, TO, UDO
10.01 [Reserved]
10.02 Scenic View Protection Overlay District
10.03 Interstate Highway Overlay District (IHO)
10.04 Transit Overlay District (TO)
10.05 Urban Design Overlay District (UDO)
10.01 [Reserved]
10.02 Scenic View Protection Overlay District
A. Purpose.
A Scenic View Protection Overlay District is hereby formed in order to encourage the preservation of
spectacular views of the Green Mountains, Adirondack Mountains and Lake Champlain from both planned
and existing public ways. These spectacular views represent an irreplaceable natural resource which
enhances the quality of life of residents and visitors of South Burlington. It is the intent of this overlay
district to encourage the placement of buildings, lots and landscaping in a manner that best preserves
these important scenic resources.
B. [Reserved]
C. Applicability.
(1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in any
underlying district in a Scenic View Protection Overlay District, as shown on the Scenic View
Protection Overlay District Map, shall be subject to the limitations in this Section 10.02.
(2) In addition to those items listed in the definition of “structure” in these Regulations, earthen berms
shall constitute a structure for purposes of this Section 10.02.
D. Spear Street - Overlook Park View Protection Zone.
(1) Designated Building Envelopes.
(a) The term "Designated Building Envelope" as used in this Section 10.02 shall define a hexagonal
figure enclosing an area of fifteen thousand (15,000) square feet as depicted on the Scenic View
Protection Overlay District Map. The long axis of a Designated Building Envelope shall be
oriented on a lot so that it is perpendicular to Spear Street.
(b) Structures or vegetation located in any portion of a "Designated Building Envelope" located in
Zone A or Zone C shall be required to meet the height limitations applicable to Zone A or Zone
C.
(2) Zone A.
(a) No part of any structure within Zone A of the Spear Street Overlook Park View Protection Zone
shall exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that
said part of a structure is horizontally distant from the Zone A base line shown on the above
referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation located within Zone A of the Spear Street - Overlook Park View
Protection Zone shall be maintained so that it does not exceed an elevation of 370 feet above
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mean sea level minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally
distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay
District Map.
(c) Notwithstanding the restrictions set forth in the previous sentence, any vegetation or planting
located within Zone A that are within an area two hundred (200') feet east of any building in
existence on May 16, 1989 may be maintained at a height exceeding the requirements of this
section subject to the following limitations:
(i) The building in existence on May 16, 1989, must remain in existence.
(ii) Such vegetation must be maintained so that it does not diminish to any degree the view
available from any point of the Zone A base line on May 16, 1989.
(3) Zone B
(a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet from
each 100 feet that said part of said structure is horizontally distant from the Zone B base line
shown on the above referenced Scenic View Protection Overlay District Map. This section shall
not apply to any structure located in a Designated Building Envelope.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation
of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is
horizontally distant from the Zone B base line shown on the above referenced Scenic View
Protection Overlay District Map, or 2 feet above any grade existing on 7/17/89, whichever height
is higher. This section shall not apply to landscaping located within a Designated Building
Envelope.
(c) Any principal structure shall be located entirely within a Designated Building Envelope.
(4) Zone C
(a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet for each
100 feet that said part of said structure is horizontally distant from the Zone B base line shown
on the above referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation
of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is
horizontally distant from the Zone B base line shown on the above referenced Scenic View
Protection Overlay District Map.
(5) Zone D.
(a) No part of any structure within Zone D of the Spear Street - Overlook Park View Protection Zone,
shall exceed the elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet that
said part of said structure is horizontally distant from the Zone A base line shown on the above
referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation of
370 feet above mean sea level minus 1.8 feet for each 100 feet that said landscaping or
vegetation is horizontally distant from the Zone A base line shown on the above referenced
Scenic View Protection Overlay District Map.
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ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO
South Burlington Land Development Regulations
(6) Zone E.
(a) No part of any structure within Zone E of the Spear Street - Overlook Park View Protection Zone
shall exceed an elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that
said part of said structure is horizontally distant from the Zone A base line shown on the above
referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation of
370 feet above mean sea level minus 8.7 feet for each 1000 feet that said landscaping or
vegetation is horizontally distant from the Zone A base line shown on the above referenced
Scenic View Protection Overlay District Map.
E. Spear Street - Ridge View Protection Zone.
(1) No part of any structure within the Spear Street Ridge View Protection Zone shall exceed an elevation
of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said part of said structure is
horizontally distant from the Spear Street Ridge View Protection Zone Base Line shown on the above
referenced Scenic View Protection Overlay District Map.
(2) Landscaping and other vegetation located within the Spear Street Ridge View Protection Zone shall
be maintained so that it does not exceed an elevation of 382 feet above mean sea level minus 3.1
feet for each 100 feet that said landscaping or vegetation is horizontally distance from the Spear
Street Ridge View Protection Zone Base Line shown on the above referenced Scenic View Protection
Overlay District Map.
F. Dorset Park View Protection Zone.
(1) Zone A.
(a) No part of any structure within Zone A of the Dorset Park View Protection Zone shall exceed an
elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said part of
said structure is horizontally distant from the Dorset Park View Protection Zone West Base Line
shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any
grade existing on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone A of the Dorset Park View Protection Zone
shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level
minus 4.3 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from
the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic
View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage
of these regulations, whichever height is higher.
(2) Zone B
(a) No part of any structure within Zone B of the Dorset Park View Protection Zone shall exceed an
elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that said part of said
structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown
on the above referenced Scenic Protection Overlay District Map, or 3 feet above any grade
existing on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone B of the Dorset Park View Protection Zone
shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level plus
3.1 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the
Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View
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Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of
these regulations, whichever height is higher.
(3) Zone C
(a) No part of any structure within Zone C of the Dorset Park View Protection Zone shall exceed an
elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that said part of said
structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown
on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade
existing on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone C of the Dorset Park View Protection Zone
shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level plus
2.2 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the
Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View
Protection Overlay District map, or 3 feet above any grade existing on the date of passage of
these regulations, whichever height is higher.
(4) Zone D
(a) No part of any structure within Zone D of the Dorset Park View Protection Zone shall exceed an
elevation of 441 feet above sea level minus 2.0 feet for each 1000 feet that said part of said
structure is horizontally distant from the Dorset Park View Protection Zone West Base Line
shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any
grade existing on the date of passage of these regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone D of the Dorset Park View Protection Zone
shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level
minus 2.0 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from
the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic
View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage
of these regulations, whichever height is higher.
G. Hinesburg Road - North View Protection Zone.
(1) No part of any structure within the Hinesburg Road-North View Protection Zone shall exceed an
elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said
structure is horizontally distant from the Hinesburg Road-North View Protection Zone Base Line
shown on the above referenced Scenic View Protection Overlay District Map.
(2) Landscaping and other vegetation located within the Hinesburg Road-North View Protection Zone
shall be maintained so that it does not exceed an elevation of 393.5 feet above mean sea level plus
5.8 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the
Hinesburg Road - North View Protection Zone Base Line shown on the above referenced Scenic View
Protection Overlay District Map.
H. Hinesburg Road - South View Protection Zone.
(1) No part of any structure within the Hinesburg Road - South View Protection Zone shall exceed an
elevation 3 feet above the elevation of the lowest point on the Hinesburg Road - South View
Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District
Map.
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South Burlington Land Development Regulations
(2) Landscaping and other vegetation located within the Hinesburg Road - South View Protection Zone
shall be maintained so that it does not exceed an elevation 3 feet above the elevation of the lowest
point on the Hinesburg Road - South View Protection Zone Base Line shown on the above referenced
Scenic View Protection Overlay District Map.
I. Alteration and Expansion.
(1) Notwithstanding the provisions of these Regulations, any structure which fails to comply with the
requirements of this Section 10.02 shall not:
(a) be expanded or altered in any way which increases its degree or extent of non-compliance,
except in strict conformance with the requirements set forth in this Section 10.02(I) herein.
(b) be reconstructed if totally or substantially destroyed by fire, storm, explosion, other catastrophe,
neglect or voluntary action, except in compliance with this Section 10.02, provided, however, if
no usable structure may be reconstructed in compliance with these provision, then the property
owner may rebuild a usable structure that creates a minimum violation of this section, and is
subject to the limitations of Section 3.11 (nonconformities).
(2) The provisions of this Section 10.02 notwithstanding, the Development Review Board shall have the
authority to grant a waiver from the provisions of this Section 10.02 if it finds that the standards set
forth in either Section 10.02( J) or ( K) below have been met.
J. Exemptions through Subdivision Review.
The Development Review Board may approve a proposed subdivision, though development of one or
more lots in the proposed subdivision with construction of a structure would exceed the limitations of the
Scenic View Protection Overlay District in the South Burlington Land Development Regulations ("view
restrictions" herein), if it finds that the proposal meets the requirements of sub-part A or sub-part B
below.
(1) Sub-Part A.
(a) The property under review existed as a parcel of land in separate and non-affiliated ownership
from adjoining properties on June 1, 1992; and
(b) Thirty percent or more of the land area of the subject property cannot support the construction
of structures twenty-five (25) feet in height due to the development restrictions set forth in any
statute, ordinance or bylaw; and
(c) The applicant has attempted to minimize development on that portion of the property which
cannot be developed in accordance with the view restrictions by concentrating development on
portions of the property that can be developed in accordance with the view restrictions; and
(d) The applicant has attempted to minimize the extent of noncompliance with the view restrictions
by establishing designated building areas, view corridors, height limitations for structures, and
landscaping restrictions on any lot which cannot be developed in compliance with the view
restrictions.
(2) Sub-Part B.
(a) The applicant has designated building areas and/or height limitations for structures on any lot
which cannot be developed in compliance with the view restrictions; and
(b) The applicant can demonstrate that the construction of structures in conformance with the
limitations set forth in subparagraph a, will not obstruct the view in the affected View Protection
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District from any point on the district baseline because of the presence of lawfully existing
vegetation or structures.
K. Waiver.
The Development Review Board shall have the authority to grant a waiver from the provisions of this
section if it finds that the standards set forth below have been met:
(1) A structure has been granted a waiver from the requirements of this Article pursuant to the authority
set forth in Section (J) above. OR
(2) The applicant can demonstrate that the construction, alteration or expansion of a structure will not
obstruct or be visible within the view in the affected View Protection District from any point on the
baseline, because of the presence of natural topographic features other than trees or other
vegetation, and/or the presence of lawfully existing structures. In making a determination pursuant
to this section, the Development Review Board shall find that either of criterion "a" or both criteria
"b" and "c" below is met:
(a) A lawfully existing building or structure on the same property, or a natural topographic feature
other than trees or other vegetation, will entirely screen the construction, alteration or
expansion from all sight lines along the baseline of the applicable Scenic View Protection District;
OR
(b) All construction will take place within a designated building envelope whose outside edges are
established by the sight lines extending from the baseline of the applicable Scenic View
Protection District, at a height of six feet, in a straight line towards the structure; AND
(c) No part of the construction, alteration or expansion will exceed the height of the structure or
structures on the same property blocking the view from the baseline, measured at the point
where the sight lines establishing the building envelope in (b) above intersect with the screening
structure or structures. or
(3) For properties within the Spear Street-Ridge Overlay Zone, the applicant can demonstrate that the
proposed construction, alteration or expansion will not extend above the highest point of the
roofline of the existing structure to be altered.
10.03 Interstate Highway Overlay District (IHO)
A. Purpose.
It is the purpose of the Interstate Highway Overlay District to provide for a safe and aesthetically attractive
buffer between the right-of-way of the Interstate Highway and developed land uses within South
Burlington.
B. Boundaries of the Interstate Highway Overlay District.
The Interstate Highway Overlay District shall include the following areas, as depicted in Figure 10-1:
(1) All land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate
189 rights-of-way, and
(2) All land within fifty (50) feet horizontal distance of the ramp rights-of-way, both existing and planned,
for Interstate 89 and Interstate 189, except within the City Center Form Based Code District.
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C. Standards.
(1) No building of any kind, including any structure or construction such as parking facilities or lots, or
tennis courts shall be permitted within the district, except as specifically provided in this section. Any
use or structure granted approval within the Interstate Highway Overlay District shall be subject to
the specific provisions of this section.
(2) The following structures and infrastructure shall be allowed in the IHO district, subject to conditional
use approval by the Development Review Board:
(a) Public recreation paths
(b) Roadways or access drives for purposes of accessing a preexisting or approved structure within
the IHO district and no other reasonable provisions for access can be made.
(c) Utility lines, including power, telephone, cable, sewer and water.
(d) Stormwater treatment facilities and maintenance thereof, including necessary removal of
vegetation and dredging.
(e) Research and educational activities provided any building or structure, including parking lots or
facilities, is located outside the IHO district.
(f) Hydro-electric power generation
(g) Municipal buildings, subject to the provisions of Section 10.03(D) below.
(3) Use of Nonconforming Structures. Nonconforming structures within the IHO district may used for
any land use allowed within the underlying zoning district, in accordance with Table C-1, Table of
Uses.
(4) Encroachment of Other Uses Into the IHO District. The encroachment of land uses allowed in the
underlying zoning district into the IHO district may be allowed by the Development Review Board as
a conditional use under certain circumstances as provided below, and provided the area of
encroachment is screened from view by existing or proposed landscaping and/or topography:
(a) The encroachment is necessary to rectify a natural catastrophe or for the protection of the public
health, safety or welfare; OR
(b) The encroachment is necessary for the purposes of providing for or improving public facilities;
OR
(c) The encroachment is necessary to provide safe access to a parcel on which a use has been
approved by the DRB in cases where there is no feasible alternative to the encroachment.
D. Encroachment of Municipal Buildings in the IHO District.
In portions of the IHO district where the underlying zoning district is MU-Municipal, the Development
Review Board may allow the encroachment of municipal facilities as a conditional use subject to the
following standards and criteria:
(1) Accessory uses not directly related and essential to the functioning of the municipal building shall
not be permitted within the IHO district.
(2) A finding is made by the DRB that the proposed municipal building cannot be located outside the IHO
district because the following criteria are met:
(a) The use must occur in close proximity to another preexisting municipal building; AND
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(b) There is no reasonably practicable alternative location for the municipal building, with pre-
existing investment in the site a consideration for the practicability of alternative locations; AND
(c) The encroachment is the minimum necessary to operate the proposed municipal building.
(3) The maximum extent of the encroachment shall be no more than fifteen (15) feet into the IHO
district.
E. Exemption for Lots with Existing Single or Two-Family Dwellings.
A lot containing an existing single or two-family dwelling, as of the effective date of these regulations,
shall be exempt from the provisions of this Section 10.03. Notwithstanding this exemption, no additional
dwelling units or new principal structures shall be permitted on such lots.Figure 10-1: Interstate Highway
Overlay District
10.04 Transit Overlay District (TO)
A. Purpose.
It is the purpose of the Transit Overlay District to provide for a safe, compact, and efficient land use
pattern that supports regular fixed-route transit service, pedestrian and bicycle infrastructure. Certain
land uses may be permitted only within the Transit Overlay District, or be permitted outside the District
subject to conditions. Other incentives or requirements that complement a multi-modal environment
may also be established.
B. [Reserved]
C. Boundaries of the Transit Overlay District.
The Transit Overlay District shall includes all areas shown on the Overlay District Map.
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D. Permitted and Conditional Uses.
Any uses listed within Table C-1, Table of Uses, with a Transit Overlay District requirement shall only be
allowable within the Transit Overlay District.
(1) A use shall be considered to be located within the Transit Overlay District when all portions of a
principal building leased or owned by the use in question are within the boundaries of the Transit
Overlay District.
(2) A use shall only be allowable where a public sidewalk or recreation path connects the use to a public
roadway identified as a transit route on the Transit Overlay District Map in a direct (ie, generally
shortest distance from the use to the roadway) manner. All such accesses must be located within
the Transit Overlay District.
(3) All uses under this section shall be subject to all applicable provisions of the underlying zoning
district.
10.05 Urban Design Overlay District (UDO)
A. Purpose.
It is the purpose of the Urban Design Overlay District to recognize the impact of simple design principles
and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s most traveled
areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. The Urban Design
Overlay District aids in fulfilling the City’s vision to enable infill and conversion development, encourage
pedestrian movement, serve local and regional shopping and employment needs, and make use of
existing public transportation. The City intends for the applicable areas to provide safe and inviting access
to adjacent neighborhoods.
B. Comprehensive Plan.
This section implements the community desires established in the City’s Comprehensive Plan. Specifically,
the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban
Design Overlay District are encouraged within the Plan to use public transportation services, inspire
pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet,
the Plan advocates for the creation of one or more nodes of concentrated development and public activity
in these areas.
C. Boundaries & Applicability.
This section shall be implemented in accordance with the geography(ies) shown on the Overlay Districts
Map contained in these Regulations.
(1) New construction. In the case of proposed expansions to existing buildings, only the portion of the
building being added or rehabilitate per (2) below shall be subject to compliance with these
standards. Portions of an existing building not being modified may remain as is, provided alterations
do not increase the degree of nonconformity.
(2) Substantial Rehabilitation
(a) Authority to Continue. Nonconforming structures may be continued provided conditions in this
Section are met.
(b) Repairs and Alterations. Repairs and alterations may be performed on any nonconforming
structure, provided they comply with the Code and with the following:
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South Burlington Land Development Regulations
Adopted 12-5-2022
(i) When the total area of alterations to the primary building façade, or to the building façade that
is parallel to and oriented to the street, exceeds 35% of the total area of such building façade,
the alterations shall comply with the entry and glazing standards of the applicable district /
overlay district. For the purposes of this subsection, window and window casing replacement,
painting, adding or removal of siding, and other similar changes shall not be considered
alterations. For multi-tenant buildings, the standard shall apply separately for each tenant
area where that tenant gross floor area exceeds 10,000 square feet.
(ii) Structural alterations involving the replacement, relocation, removal, or other similar changes
to more than 50% of all load bearing wall / pillar elements of a building must comply with all
standards within these Regulations.
(3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important
connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted,
required and permitted. Site design and buildings within designated nodes shall provide a welcoming
and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped
and regulated accordingly.
D. Standards.
Except where noted herein, the dimensional standards, use, and other standards of the underlying Zoning
District shall still apply.
(1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the
corridor. Any such entry shall:
(a) Be an operable entrance, as defined in these Regulations.
(b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front façade
and shall be an easily recognizable feature of the building. Possibilities include accenting front
entries with features such as awnings, porticos, overhangs, recesses/projections, decorative
front doors and side lights, or emphasis through varied color or special materials. This
requirement does not preclude additional principal entry doors.
(c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight
(8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented
access.
(2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior
and interior.
(a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent.
(b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet.
(c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet.
(3) Dimensional Standards
Table 10-2
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ARTICLE 10 SELECTED OVERLAY DISTRICTS SVP, IHO TO, UDO
South Burlington Land Development Regulations
Height Minimum
(Maximums per
underlying zoning
district)
Glazing Features Setback
from ROW
Designated
Primary
Node
2 stories
First stories: minimum of 60%
glazing across the width of the
building facade on primary street;
40% minimum glazing across width
of the façade facing the secondary
street.
Must have
significant
architectural
feature at corner
of corner building.
Minimum
20 feet
Designated
Secondary
Node
Appearance of two
stories. Buildings
with a GFA of less
than 6,000 SF may
be one story.
First stories shall have a minimum
of 60% glazing across the width of
the building facade on primary
street; 40% minimum glazing across
width of the façade facing the
secondary street.
Must have
significant
architectural
feature at corner
of corner building.
Minimum
20 feet
All other
properties
No height
minimums
First stories shall have a minimum
of 40% glazing across the width of
the building facade
Minimum
20 feet
(4) Building Stories, Heights, and Rooftop Apparatus.
(a) Minimum stories of buildings within the Urban Design Overlay District are defined as per Article
2- Definitions and Section 8.06(F)(1) of these Regulations.
(b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban
Design Overlay District.
(5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping
requirements as per Section 13.04 of these Regulations. Projects are also subject to the following
supplemental standards:
(a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between
properties shall not count towards the minimum landscaping budget.
(b) For lots with buildings which are set back 50 or more feet from the front lot line, at least 50% of
the required landscaping shall be installed between the front building line and the front lot line.
E. Allowance for Increase Lot Coverage via Supplemental On-Site Open/Civic Space or
Transferable Development Rights.
For parcels with land underlying the Urban Design Overlay District, the maximum lot coverage may be
increased by up to ten (10) percentage points using one of the two methods described below. Such
allowance shall apply only to the subject lot with land underlying the Urban Design Overlay District and
not any adjacent lots and must be approved in conjunction with a site plan or Planned Unit Development
for the subject lot.
Example: For a lot in a zoning district where the maximum lot coverage as identified in
Appendix C is 70%, the maximum lot coverage for said lot may be increased to
80%.
(1) On-Site Open/Civic Space Option. The applicant shall demonstrate compliance with each of the
following standards as part of any proposal to increase lot coverage under this subsection:
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South Burlington Land Development Regulations
Adopted 12-5-2022
(a) For each additional increment of lot coverage, an area on the site equal to thirty (30) percent of
said increment shall be designated on the site plan for the subject parcel as one or more
Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Article 11.B;
(b) The selected Open/Civic Space type(s) must comply with all requirements and guidelines for the
applicable type in Article 11.B;
(c) All elements of the applicable Open/Civic Space type shall be constructed prior to the issuance
of a certificate of occupancy;
(d) Where elements of such Open/Civic Space type are pre-existing, they may be used to qualify
under this section; and,
(e) Impervious areas within an approved Open/Civic Space shall not be considered lot coverage for
the purposes of these Regulations.
(2) Transfer of Development Rights Option. The applicant shall demonstrate compliance with each of
the following standards as part of any proposal to increase lot coverage under this subsection:
(a) Provision of Options to acquire all necessary TDRs from a designated Sending Area as part of any
application to the Development Review Board or Administrative Officer in accordance with
Article 9 of these Regulations.
(b) Recording of required documentation demonstrating completed transfer(s) of all necessary TDR,
in a form acceptable to the City Attorney, shall be required prior to issuance of any zoning permit
enabling use of increased lot coverage.
(c) Only the minimum quantity of Transferrable Development Rights necessary to satisfy the
requirements of the site plan or Planned Unit Development application may be transferred to
the receiving parcel. If the minimum quantity of TDRs results in more available lot coverage on
the receiving parcel than is required for the site plan or PUD application, that shall be noted in
the decision and may be used in a subsequent application with no additional TDR transfer.
(3) Combined Applications. In no case shall the options listed above be used in combination or in
addition to one another.
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ARTICLE 11A: STREET TYPOLOGIES
ARTICLE 11A STREET TYPOLOGIES
Street Type Pedestrian Street Neighborhood Street - Narrow Support Street Bicycle Boulevard Bicycle Boulevard
Category Local Local Local - Neighborhood Local - Urban Local Collector - Neighborhood Collector - Urban
Off-Street Bike/Ped Facilities
Required Facility Type Pedestrian street Sidewalk Sidewalk Recreation Path Sidewalk & Recreation Path
Facility Sides N/A 1 Side Required 1 Side Req'd 2 Sides Req'd 2 Sides Required 1 side required 1 side each type
Facility Width 10' Min 5’ Min 5’ Min 6' Min-16' Max 10’ Min 5' Min sidewalk, 10' Min rec path
Alternatives
Greenbelt / Furniture Zone
Minimum Width (each side)N/A 6’ min (may be outside sidewalk where integrated)5' Min 5’ Min 6’ Min 6’ Min
Landscaping Street trees shall be installed on one side at spacing requirements of applicable district
On-Street Bike/Ped FacilitiesMinimum required Shared with pedestrian Share the road Share the road 4' bike Lanes N/A
Options Sidewalk may be integrated with street on dead-end streetsParkingRequirementsN/A Not Permitted Parallel Not Permitted Parallel
Sides of Street N/A N/A Two sides required N/A One side maximum
C (Parking Ln Width)N/A N/A 8’N/A 8'
Vehicular Lanes# Through Lanes N/A 2 Lanes 1 or 2 Lanes 2 Lanes 2 Lanes
Travel Ln Width N/A 9’ Min, 10’ Max 9’ Min, 11’ Max 9’ Min, 10’ Max 9’ Min, 10’ Max
E (Pavement Width)Min 10', Max 30'20’ Min, 22’ Max 20’ Min, 34’ Max 28’ Min, 36’ Max 28’ Min, 36’ Max
F (ROW Width)16' Min (and at least 2' more than the facility width)40' Min 50’ Min 50' Min 60’ Min 50’ Min 60' Min
Design FeaturesDesign Speed N/A 25 mph 30 mph 25 mph 25 mphDesign Vehicle Pedestrian P (Passenger Car)SU-30 (Single Unit Truck)DL-23 (Delivery Vehicle)DL-23 (Delivery Vehicle)
Curbing*Optional Vertical Faced Curb Not required Vertical Faced Curb Vertical Faced Curb Vertical Faced Curb Vertical Faced Curb
Curb Radius N/A 5’ Min, 15’ Max 5’ Min, 15’ Max 5’ Min, 15’ Max 5’ Min, 15’ Max
One-Way Traffic N/A Permitted Permitted Not Permitted Not Permitted
Center/Left Turn In N/A Not Permitted Permitted Not Permitted Not PermittedMedianN/A Permitted only as Traffic Control Device or Gateway Permitted only as Refuge Island Permitted only as Traffic Control Device or Gateway Permitted only as Traffic Control Device or GatewayTransit Facilities N/A Discouraged Encouraged Encouraged EncouragedOwnershipPrivatePublic or Private Public or Private Public or Private Public or Private
Description Pedestrian streets are narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas or provide a
special pedestrian-oriented frontage to buildings adjacent to parks or natural features. Pedestrian passes allow for pedestrian shortcuts, add
additional network connectivity, provide access to businesses and dwellings, and/or provide secondary or rear entrances. Pedestrian passes include landscaping, seating, and
other amenities, as such, a pedestrian pass may feel more like a public square or park.
Narrow Streets are a special residential street type within the local street network that provides for greater intimacy and ambiance
as well as traffic calming because of its limited width. Its application should be targeted to areas where through trips are undesirable or
unlikely and where parallel alternative routes are accessible.
Support Streets are side streets parallel or perpendicular from primary thoroughfares with higher levels of activity (Destination
Streets, Commercial Streets, Avenues, or Commercial Boulevards). Support Streets allow for a harmonious transition from
high activity along the primary thoroughfare into the surrounding land use context. Support Streets provide space for deliveries and additional on-street parking, especially where those uses may be constrained on the primary thoroughfare.
Bike Boulevards connector street type which is meant to convey vehicles and pedestrians alike from neighborhood to neighborhood and
from neighborhood to destination.
Bike Boulevards connector street type which is meant to convey vehicles and pedestrians alike from neighborhood to neighborhood and
from neighborhood to destination.
The greenbelt may consist principally of hardscape elements but must include sufficient access to soil for required trees.
*Curb removal may be approved for local streets at discretion of ZA / DRB See notes on Page 3.
** See Section 13.01 for width of aisle for angled parking
Street Design Controls
Notes:
Neighborhood Street
Sidewalk
Share the road
Parallel
One side maximum
8’
2 Lanes
DL-23 (Delivery Vehicle)
5’ Min, 15’ Max
Not Permitted
9’ Min, 10’ Max
20’ Min, 26' Max
25 mph
Public or Private
Neighborhood Streets are the default street type for residential areas and form the basic structure of the local street network. May also serve as a
short connector street in more urban settings
Not PermittedPermitted only as Traffic Control Device or GatewayDiscouraged
A. Design Speed and Design Vehicle. The specified design speed and design vehicle shall be applied as design controls, unless an alternative is
approved by the Development Review Board based on site specific considerations. Target speed shall not be used as a design control per se, but should guide decisions within the given range of potential values based on the selected design speed.
B. Bikeways. Where another plan or ordinance specifies a higher class of bikeway, said document shall supersede the typology.
C. Curb Radii. The physical curb radius may be greater than the specified range, but only if the effective radius remains within the range.
Example: where a bump-out or neck-down extends the curb.
D. Bus Routes. When the specified design vehicle is smaller than the transit vehicle on street segments occupied by either operating or planned
fixed route service, the design vehicle shall be adjusted to match the transit vehicle. However, the design of the curb radii should only be altered at corners affected by routine turning movements by the transit vehicle.
E. Cross Section Graphics. The cross sections depicted for each street type do not specify the required cross section for that street type. The
cross section graphics depict a typical envisioned street design based on the dimensional standards.
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ARTICLE 11A: STREET TYPOLOGIES
ARTICLE 11A STREET TYPOLOGIES
Street Type
Category
Off-Street Bike/Ped Facilities
Required Facility Type
Facility Sides
Facility Width
Alternatives
Greenbelt / Furniture Zone
Minimum Width (each side)
Landscaping
On-Street Bike/Ped FacilitiesMinimum required
Options
Parking Requirements
Sides of Street
C (Parking Ln Width)
Vehicular Lanes# Through Lanes
Travel Ln Width
E (Pavement Width)F (ROW Width)
Design FeaturesDesign SpeedDesign Vehicle
Curbing*
Curb Radius
One-Way Traffic
Center/Left Turn InMedian
Transit FacilitiesOwnership
Description
Notes:
Industrial Access Road Rural Connector Avenue Path Alley
Collector Collector - Arterial Arterial
Per Official Map Per Official Map Rec path on one side; sidewalk on other N/A N/A
N/A N/A 1 side each type N/A N/A
N/A N/A 6’ Min to 10’ Max sidewalk; 10' Min rec path N/A N/A
Sidewalk/rec path can be split to each side of road
5’ Min 5’ Min 6’ Min, 12’ Max N/A N/A
Rec Path One Side - 10' Min 5’ Min Bike Lane Each Side 4' Bike Lane Location and DirectionalMarkings*Not Required
5' cycletrack (each direction) can replace bike lanes
Parallel Not Permitted Parallel/Angled N/A Not Permitted
One side maximum N/A Permitted N/A N/A
8'Not Permitted Per LDRs**N/A N/A
2 Lanes 2 Lanes 2 to 4 Lanes N/A 1 Lane
11’ Min, 13’ Max 11’ Min, 12’ Max 10’ Min, 12’ Max N/A N/A
22’ Min 22’ Min 36’ Min, 80’ Max 10’ Min, 14’ Max 16’ Min., 20’ if for Fire Access
60’ Min 50’ Min 66’ Min N/A N/A
25 to 30 mph 30 to 45 mph 30 mph N/A N/AWB-50 (Semi-trailer)P (Passenger Car)SU-30 (Single Unit Truck)Bicycles DL-23
Not Specified Not Specified Vertical Faced Curb No Curb No Curb
15’ Min, 30’ Max 5’ Min, 15’ Max 10’ Min, 20’ Max N/A 5’ Min, 15’ Max
Not Permitted Not Permitted Not Permitted N/A Permitted
Permitted Permitted for Left Turns Permitted N/A Not PermittedPermittedPermittedPermittedN/A N/A
Encouraged Encouraged Encouraged N/A Not PermittedPublic or Private Public Public Public or Private Private
An Industrial Access Road is a road providing access to industrial sites which facilitates the movement of goods, but also provides a safe and
comfortable route for employees and customers regardless of travel mode.
A Rural Connector is a street providing additional connectivity and access to the swaths of land between the few major
thoroughfares crossing rural areas.
Avenues are major thoroughfares meant to provide connections between neighborhoods, commercial areas, and regional
destinations while also serving nearby local populations. This route should be designed to safely and conveniently facilitate medium and
longer distance trips for drivers, pedestrians, bicyclists, and transit riders, while also serving as aesthetically pleasing gateways for the community.
Paths are right of ways reserved exclusively for non-motorized users (pedestrians, bicyclists, skaters, runners, etc.). Paths serve primarily
as recreational corridors, but can serve as transportation corridors when designed to connect conveniently to residential, civic,
commercial, and/or industrial land uses.
Alleys provide rear access to residential and commercial properties and a space for parking, utilities, sanitation, and other uses
that might otherwise degrade the public realm if located before the frontage.
The greenbelt may consist principally of hardscape elements but must include sufficient access to soil for required trees.
Medians measuring 9’ or more in width shall be planted with street trees at an average spacing of no
more than 50’ on center.
Page 156 of 347
ARTICLE 11B: CIVIC SPACE/AMENITY REQUIREMENTS - NEIGHBORHOOD LEVEL
ARTICLE 11B CIVIC SPACE/ SITE AMENITY REQUIREMENTSNEIGHBORHOOD LEVEL
Type Civic Space Civic Space Civic Space Civic Space Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity
Neighborhood Park Greenway Green Square Plaza Pocket Park Pocket Plaza Playground Community Garden
FBC applicability (where may be located)T3, T3+, T4 T3, T3+, T4 T3, T3+, T4 T4, T5 T4, T5 All T4, T5 All All
PUD All PUD Types All PUD Types CON, TND, NCD TND (8+DU/A), NCD, IRD NCD, IRD--Mixed Use All PUD Types NCD, IRD-Mixed Use All PUD Types All PUD Types
Description Informal, primarily natural green space managed for passive unstructured recreation, limited structured recreation, and community gatherings, events.
Linear, informal, primarily natural green space that typically borders and may incorporate a natural feature such as a riparian or habitat corridor, or a connecting recreation or pedestrian path.
Informal but well-defined natural and landscaped green space, designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events.
Formal, well-defined and landscaped, outdoor living space designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events.
Formal, well-defined, landscaped and hardscaped outdoor living space, designed and managed for foot traffic, social interaction, civic and commercial activities and events, and use by adjoining businesses.
A small, landscaped green space, designed and managed as an outdoor living "room" for more limited passive recreation and social interaction.
A small, formally landscaped and hardscaped outdoor area or "room," designed and managed for foot traffic, social interaction, and limited civic and commercial activities.
Open space designed and equipped for children; may be included in other open/civic space types.
Open space consisting of a grouping of garden plots for use by neighborhood residents; may be included in other open/civic space types.
Service Area Intended to serve multiple neighborhoods located within walking or biking distance (1/2 mile) of the park. Typically located between adjoining neighborhoods. May also serve as a buffer area between incompatible development.
Intended to serve and connect multiple neighborhoods, open space areas, public facilities, and mixed use centers, as part of the City's planned open space and recreation path network. Typically located within edge/buffer areas; may serve as a buffer area between incompatible development.
Intended as the focal point of a residential or mixed use neighborhood that serves to enhance neighborhood identity and character, and accommodates neighborhood gatherings and events. Typically centrally located to the area (streets, blocks) it serves.
Intended to serve as a focal point, and outdoor living space, in a more urban, higher density residential or mixed use neighborhood. Typically centrally located to the area (streets and blocks) it serves; may also front civic buildings.
Intended to serve adjacent sites on a street or block face within a more densely developed commercial or mixed use area. Typically located at a street intersection, but may also be located midblock.
Intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. Especially suited for infill development in neighborhoods that lack open space.
More urban version of a pocket park; intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner.
May be a type of civic space, feature within a civic space, or a building amenity.
May be a type of civic space, feature within a civic space, or a building amenity.
Typical Features Paths, trails, trees, ballfields,
playground, dog park, play area,
community garden, small accessory
structures, seating; may include a
small farm in appropriate context;
may include limited onsite parking.
Recreation path, trail, trees, small
accessory structures, water fountains,
seating areas, overlooks; vehicle
parking limited to access points/trail
heads.
Paths, trails, seating areas, trees,
gardens, public art, small accessory
structures; no onsite parking.
Formally arranged paths, trees,
gardens, seating areas, public art,
fountains, small accessory structures,
no onsite parking.
Seating areas, vendor areas,
public art, fountains,
ornamental trees, planters,
small accessory
structures/buildings; no onsite
parking.
Path, seating area, trees,
gardens, community garden
playground, public art, small
accessory structure; no onsite
parking.
Seating area, vendor area,
public art, fountain, ornamental
trees, planters, small accessory
structures; no onsite parking.
Playground equipment,
fountains, small accessory
structure (e.g., shelter), seating
area.
Garden plots, accessory
facilities/structures (e.g., water
source, equipment shed);
limited/no parking.
Lot Size Minimum: 3 acres Maximum: None Minimum Width: 50 FT No minimum length or overall size; but must be designed to serve the entire development, and to connect to the existing or planned path or open space network in the vicinity of the project.
Minimum: 20,000 SF Maximum: 120,000 SF Minimum: 20,000 SF Maximum: 80,000 SF Minimum: 20,000 SF Maximum: 60,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF as a Civic Space; 1,500 SF as a Site Amenity Minimum: 5,000 SF as a Civic Space
Lot Coverage 0% Min, 30% max 0% Min, 30% max 0% Min, 20% max 0% Min, 30% max 60% min, 100% max 0% min, 50% max 60% min, 100% maxFrontageIndependent of building frontage;
typically fronts on at least one public
street; and may be accessed via one
or more streets, recreation, or
pedestrian paths.
Independent of building frontage or
bordering streets, but a street may
serve as a boundary. Typically
accessed via intersecting streets,
recreation, or pedestrian paths. In
developed areas, maybe spatially
defined by landscaping or attractive
fencing.
Typically has frontage on two or more
streets with adjacent buildings and
main building entrances facing the
Green. Civic building lots, where
present, also border and front on the
Green.
Typically has frontage on one or more
streets, with adjacent buildings and
main building entrances facing the
Square. Civic building lots, where
present, typically also border and front
on the Square.
Typically has frontage on one or
two streets, with adjacent
buildings that front on or have
public entrances facing the
Plaza. Prominent civic
buildings, where present, may
also front on the Plaza.
Typically has frontage on one or
two streets; and may be
spatially separated from
adjoining properties by
attractive fencing and
landscaping that define the
space.
Typically has frontage on one or
two streets, and is defined and
enclosed by adjacent building
facades, with compatible
architectural elements, such as
low walls, screening, or fencing
and landscaping that define the
space.
If a civic space, must be
accessible from public street
If a civic space, must be
accessible from public street
Other:May also serve as a feature within a different applicable Civic Space
(1) See "Shared Garden Space" for the Site Amenity version of this use. (2) may also serve as a feature with a different applicable Civic Space.
Notes:
Neighborhood Civic Spaces may include or incorporate stormwater management practices. Any such practice must be designed to service the description and
service intent of the applicable service space type and complement the features. The Board may exclude stormwater practices from the calculation of
minimum civic space requirements where it finds the practices to be excessive to the primary purpose of the civic space type.
Page 157 of 347
ARTICLE 11B: CIVIC SPACE/AMENITY REQUIREMENTS - SITE LEVEL
ARTICLE 11B CIVIC SPACE/ SITE AMENITY REQUIREMENTSSITE LEVEL
Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity
Type Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Private Yard Space
Enhanced or Recreational
Wetlands/Stormwater Treatment Area Wooded Area
Applicability
All FBC Districts (must be
associated with a restaurant)
Buildings having 3 or more stories
in T4 and T5
T4, T5 All FBC Districts All FBC districts.All FBC districts All FBC districts; Parcels with land
within the Urban Design Overlay District.T4, T5 All FBC districts T-3 and T3+ Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of
Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of
Description & Service Intent
An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink.
Accessible and open area on upper story with seating and gathering amenities.
Interior open space where at least one wall facing the street consists entirely of glass.
Common Open Space area on a portion of a lot. Land set aside and maintained for production of food to be used primarily for participating gardeners.
A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas.
Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers.
Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas.
Liner open space area to secondary streets, as permitted per the Regulations.
Private yard space associated with a residential unit.An existing wetland buffer or new stormwater treatment area which
offers public amenities that
exceed those minimally necessary
for water resource management.
Naturally occurring area with predominance of canopy trees
with enhancement and public
access.
Size
Minimum 100 sq. ft.500-3,000 s.f.; total area shall not count as more than 50% of the minimum required qualifying open space.
Minimum area 1,500 s.f.. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall.
5,000-20,000 sq. ft.Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments.
Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space.
600-4,000 sq. ft.8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable.
As directed by minimum requirements. Shall include the land of the improvement (such as enhanced path, viewing platform, etc.) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying
2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc.) and no more than 50 feet to either side; total area shall not count as
Location & Access
Highly visible, directly adjacent to public right of way. See additional public realm standards below.
Second floor or above. Encourage location in places which have spectacular views. Accessible
directly from the sidewalk or public corridors. For T5 Non-Residential, must provide
adequate signage about location and accessibility in hallways and elevators.
Building interior adjacent to sidewalk or public open space. Direct access from street level.
Provide several entrances to make the space available and inviting to the general public.
Physically defined by surrounding buildings on three or four sides.May not be located in any class wetland or wetland buffer. Shall have proper drainage.
The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture
rainwater runoff and stop the water from reaching the sewer system.
Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are
encouraged to consider lighting and safety in design.
No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged
to access the pedestrian pass.
Must be immediately adjacent to
qualifying secondary street. See
Chapter 8 for additional
regulations. Must be on each side of roadway, unless a complying building is located on the opposite side.
Directly adjacent to and accessible to at least one entry of the associated dwelling unit.
Must be visible to public or
tenants and users of building.
Direct pedestrian access from
adjacent public street type.
Must be accessible, at minimum,
by residents, tenants, or
customers of site. Must be onsite.
Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site.
Seating*, Tables, Etc.
Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space.
One seating space for every 50 s.f.. of terrace area. Provide one seat for every 100 s.f.. of floor area, one table for every 400 s.f.. of floor area. At least one half of seating to consist of movable chairs.
One seating space for each 500 s.f.. of courtyard area, with a minimum of 10 seating spaces.
None required. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended
to enhance the garden is required and can be counted as part of the required open space.
Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates
that moveable seating will meet the stated goals of the type.
One seating space for each 150 s.f..Seating is encouraged, but there shall be no minimum requirement.No requirements. If functional for sitting and viewing, seating can be ledges, benches, and/or stairs.
Light enhancement expected. Must include improvements, including cleared paths and benches.
Landscaping, Design
For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors.
Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space.
Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature.
If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery.
Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged.
Deep rooted native plants and grasses.Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it. Spaces should appear warm and inviting and permanent rather than temporary.
If paved, area shall provide trees or large potted plants at no more than 50 foot intervals. If grassed, area shall be accented with intermittent trees or public art.
Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged.
No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged.
LID techniques; no fencing permitted.Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities.
Commercial Services, Food
May serve as seating area for
adjacent restaurant/food service, or be space provided for those bringing their own meals.
Dependent on Transect, may
possibly be used up to 100% for commercial food services. See Table 8-1.
30% of area may be used for
restaurant seating taking up no more than 30% of the seating and tables provided.
Not permitted.Not permitted. Not permitted.Permitted.40% of area may be used for
restaurant seating.
Not permitted.Not permitted. Not permitted. Not permitted.
Sunlight and Wind
Sunlight encouraged to most of the occupied area at lunchtime. No requirements.No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing.
Sunlight to sitting areas for most of day.Full sunlight. Appropriate to the plant species selection. No requirements.No requirements. Exterior to building. Appropriate to the plant species selection. No requirements.
Other
Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager.
See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements.
Separate travelled way from parking areas; shall create pedestrian environment.
Must be located on applicant-owned property.
Seating dimension*Depth: 14" one-sided; 30-36" double-sided.
Materials note:
*Required dimensions for one seating space or one seat are as follows:Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees.
All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application.
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ARTICLE 11C BUILDING TYPES
Description PUD Types Dwelling Units Lot Area Lot Width Building Height Setbacks Frontage Buildout Frontage Types Pedestrian Access Vehicle Access, Parking Outdoor Access
HOUSING TYPES See Illustrations (DU)Square Feet (SF)Feet (FT)Stories Feet (FT)% Lot Width See Illustrations See Illustrations See IllustrationsCottageA compact, detached housing type, consisting of a single, principal dwelling unit with a total footprint 1,200 SF or less, on a small lot that fronts on a local street or shared courtyard, with limited front, side, and rear yards. The equivalent of a single family dwelling as defined under the Regulations. Intended to contribute to the variety and mix of housing available within a walkable residential or mixed use neighborhood, to include compatible Cottage Court housing arrangement (see T-3 “Cottage Court” standards).
TND 1 DU/Lot, not including ADU
Cottage Court Min: 3 DU, Max: 9 DU/ Site
Min: 3,000 SF Max: 5,000 SF
Cottage Court Lot area may be reduced to 1,200 SF
Min: 30 FT Max: 50 FT
Cottage Court Lot width may be reduced.
Min: 1.0 Max: 1.5 Front (BTZ): 10 to 25 FT Side: Min: 5 FT
Rear: Min: 10 FT, or 5 FT from a rear alley
Cottage Court: Setbacks may be reduced to 5 FT
Not applicable.Dooryard Porch Stoop
One main entrance per building. Main entrance must face the street, common civic space, or a shared courtyard, and be accessed from the street by a connecting walkway.
Secondary entrance(s) to the side or rear.
Access Rear Lot: Alley, Service Lane Front Lot: Shared Driveway, only if no viable rear access exists
Parking On-Street: by Street Type, within lot frontage Front Lot: Driveway, outside of BTZ Rear Lot: Pad, Detached Garage Off-Lot: Shared
Detached House A detached housing type, consisting of a single, principal dwelling unit with a total footprint greater than1200 SF on a lot that fronts on a local street or shared civic space and has front, side, and rear yards. The equivalent of a single family dwelling as defined under the regulations. Typically the
most common housing type within a walkable, low to moderate density residential neighborhood.
TND 1 DU/Lot, not including ADU Min: 5,000 SF Max: 10,000 SF Min: 50 FT Max: 80 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 25 FT Side: Min: 10 FT
Rear: Min: 10 FT, or 5 FT from a rear
alley
Not applicable.YardDooryardPorchStoop
One main entrance per building. Main entrance must face the street or shared civic space, and be accessed by a connecting walkway that is separate from the driveway.
Main entrance must be prominent, visually prominent, and separate from an attached garage entrance.
Secondary entrance(s) to the side or rear.
AccessRear Lot: Alley, Service Lane Front Lot: Single or Shared Driveway Side (Corner) Lot: Single Driveway
Parking On-Street: by Steet Type, within lot frontage Front/Side Lot: Attached Garage, PadRear Lot: Detached Garage, Carriage House, Pad
Footprint: Tuck Under, loaded from front or rear
Carriage House A detached, accessory housing type that is located on the same lot, and to the rear of a Detached House or Cottage. A Carriage House is the equivalent of an Accessory Dwelling Unit as defined under the Regulations. A Carriage House must be clearly subordinate in size and scale, and architecturally similar to the principal dwelling on the lot.
Intended to provide affordable housing within a walkable residential neighborhood.
TND 1 ADU/Lot Not applicable.Not applicable.Min: 1 Max: 1.5 Must be located a minimum of 10 FT behind the principal building, and meet required side and rear setbacks applicable to the principal building.
Not applicable.Not applicable. But must have a either shared or dedicated yard area or outdoor space for use of residents.
Private entrance; accessible by a connecting walkway from front or side street, or rear alley.AccessRear Lot: Alley, Service Lane Front Lot: Shared Driveway, with principal dwellingSide Lot: Single Driveway
Parking
On-Street: by Street Type, along lot frontage Side Lot: Driveway, outside ROW Rear Lot: Pad Footprint: Ground Floor
May also be shared with principal dwelling.
Duplex A housing type that consists of two dwelling units, either
attached, on individual lots, separated by a common dividing wall along the property line; or stacked on a single lot, separated by floor level; with individual or shared front, side, and rear yards. The equivalent of a Two-Family Dwelling as defined under the Regulations.
A Duplex is similar in size, scale, and appearance to a Detached House, and is designed to fit within a traditionally single family neighborhood. Intended to provide additional housing options within walkable neighborhoods.
TND 1 to 2 DU/Lot Attached:
Min: 2,500 SFMax: 5,000 SF
Stacked: Min: 5,000 SF Max:10,000 SF
Attached:
Min: 25 FT Max: 50 FT
Stacked:Min: 50 FTMax: 80 FT
Min: 1.5
Max: 2.5
Front (BTZ): 10 to 25 FT
Side: Min: 0 FT (attached) or 10FT
Rear: Min: 10 FT; or 5 FT from a rear alley
Not applicable.Yard
Dooryard Porch Stoop
Maximum of two entrances (one/DU).
Main entrance(s) to must face, and be accessed from the street by a connecting walkway.
Secondary entrances to the side or rear.
Access
Rear Lot: Alley, Service Lane, Shared DrivewayFront Lot: Single or Shared Driveway Side Lot: Shared Driveway
Parking On-Street: by Street Type, within lot frontage Front/Side Lot: Attached Garage; maximum of one bay per side, with 10 FT facade setback. Rear Lot: Pad, Detached Garage Footprint: Tuck Under, loaded from front or rearOff-Lot: Shared
Townhouse An attached housing type, also referred to as a rowhouse, in which 3 to 5 relatively narrow dwelling units, each separated by a common dividing wall along the property line, form a single row of housing that fronts on the street, common civic space, or a shared courtyard. Each townhouse is located on a separate lot, with a separate entrance, front and rear yard; an end unit may also incorporate a side yard. The equivalent of a Townhouse or Rowhouse, as defined under the Regulations.
This housing type typically shares uniform plans, fenestration, and architectural elements, but should also incorporate some variation between individual units. Intended to provide more concentrated housing options within walkable neighborhood or mixed use centers.
TND 1 DU/Townhouse
3 to 5 Townhouses/ Row
Min: 1,200 SF Max: 3,000 SF Min: 20 FTMax: 30 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT
Side: Min: 0 FT (attached), or 10 FT (end)
Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area
Not applicable.Dooryard Porch Stoop
One main entrance per unit.
Main entrance to each unit must face the street, common civic space, or a shared courtyard and be accessed from the street by a connecting walkway.
Secondary entrances to the rear.
Access Rear Lot: Alley, Service Lane, Shared Driveway
Parking On-Street: by Street Type, within lot frontage Rear Lot: Pad, Detached Garage Footprint: Tuck Under, accessed from rearOff-Lot: Shared, screened surface parking, connected by a common pedestrian walkway.
Multiplex, Small A single, detached, multiunit residential building that includes three or four dwelling units on a single lot, with shared front, side, and rear yards, and shared parking. Similar in size, scale and appearance to a larger Detached House, to fit within the context of a traditional single family residential neighborhood, typically on a larger corner lot. A
type of Multifamily Dwelling, as defined under the Regulations.
Intended to allow for compatible, well-designed residential or infill development that provides housing options within a walkable, predominantly single family or mixed use neighborhood.
TND 3 to 4 DU/Building, Lot Min: 5,000 SF Max: 10,000 SF Min: 50 FT Max: 100 FT Min: 2.0Max: 2.5 Front (BTZ): 10 to 20 FT
Side: Min: 10 [5] FT
Rear: Min: 10 FT; may be reduced to 5 FT from rear alley
Not applicable.YardDooryardPorchStoop
One main entrance per building, except on a corner lot.
Main building entrance(s) must face and be accessed from street by a connecting walkway.
Secondary entrances to the side or rear.
Access Rear Lot: Alley, Service Lane, Shared Driveway. Front Lot: Shared Driveway Side Lot: Shared Driveway
Parking
On-Street: by Street Type, within lot frontage Rear/Side Lot: Screened surface parking, connected by a common pedestrian walkway.
Upper story dwelling units, and ground floor dwelling units without direct access to the outdoors, must provide access to a useable outdoor space such as a rooftop, balcony, courtyard, or similar space that is
private to the unit or to the occupants of the building.
Multiplex, Medium A detached multistory residential building that includes 5 to 12 dwelling units on a single lot, with shared yards, courtyard, or designated common space areas, and shared parking. A type of Multifamily Dwelling, as defined under the regulations.
Nonresidential uses, other than accessory uses or amenities specifically intended for access and use by building residents, are prohibited. Intended to provide compatible residential or infill development within walkable, moderate density mixed use neighborhoods.
TND 5 to 12 DU/ Building, Lot Min: 10,000 SF Max: 25,000 SF Min: 75 FT Max: 200 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT
Side: Min: 10 FT Rear: Min: 10 FT; may be reduced to 5 FT from rear alley
Not applicable.YardForecourt Porch
Main building entrance(s) must face the street or a shared courtyard and be accessed from the street by a connecting walkway.
Secondary entrances to the side or rear.
Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Shared Driveway Side Lot: Shared Driveway
Parking
On-Street: by Steet Type, within lot frontageSide/Rear Lot: Screened surface parking, connected by a pedestrian walkway Footprint: Ground Floor (Pedestal), Underground; accessed from side or rear
Upper story dwelling units, and ground floor dwelling units without direct access to the outdoors, must provide access to a useable outdoor space such as a rooftop, balcony, courtyard, or similar space that is
private to the unit or to the occupants of the building.
MIXED USE & NONRESIDENTIAL BUILDING TYPES
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HOUSING TYPES See Illustrations (DU)Square Feet (SF)Feet (FT)Stories Feet (FT)% Lot Width See Illustrations See Illustrations See IllustrationsCottage Commercial A small, detached nonresidential or mixed use building on a single lot with front, rear, and side yards, which is similar in scale and appearance to a Detached House. May accommodate a mix of compatible residential and nonresidential uses intended primarily to serve the local neighborhood.
TND Max: 1 DU Min: 5,000 SF Max:15,000 SF Min: 30 FTMax: 100 FT Min: 1.5 Max: 2.0 Front (BTZ): 10 to 20 FT
Side: Min:15 FT
Rear: Min: 10 FT, or 5 FT from a rear alley
Not applicable.Yard Dooryard PorchStoopStorefront
One main entrance per building.
Main entrance must face the street or a common civic space and be accessed from the street by a connecting walkway.
Secondary entrance(s) to the side or rear.
AccessRear Lot: Alley, Service Lane, Shared DrivewayFront Lot: Single or Shared DrivewaySide Lot: Single Driveway
Parking On-Street: by Steet Type, within lot frontageSide/Rear Lot: Screened surface parking, connected by a common walkway
Off-Lot: Shared off-site or public parking
Live/Work An attached, mixed use variant of the Townhouse, consisting of an upper story dwelling unit, and ground story nonresidential space that fronts on the street, and is
intended to accommodate a home-based business, studio, or storefront that is owned, managed and operated by the building resident.
TND 1 DU/Live Work Townhouse
3 to 5 Townhouses/ Row
Min: 1,200 SF Max: 3,000 SF Min: 20 FT Max: 30 FT Front (BTZ): 10 to 20 FT
Side: Min: 0 FT (attached), or 15 FT
(end)
Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area
DooryardPorch Stoop
Storefront
One main entrance per unit.
Main entrance to each unit must face the street,
common civic space, or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the rear.
AccessRear Lot: Alley, Service Lane, Shared Driveway
Parking On-Street: by Steet Type, within lot frontage Rear Lot: Pad, Detached GarageOff-Lot: Shared, screened parking located behind townhouse lots, connected by a common pedestrian walkway.
Neighborhood Storefront A small, detached nonresidential or mixed use building, such as a corner store, with a footprint of 1,500 to 3,000 SF, which is designed to fit into the fabric of a walkable, residential neighborhood, and to accommodate neighborhood commercial uses accessible to the general
public on the ground floor (street level), and compatible upper story residential or nonresidential uses. Residential uses are prohibited on the ground floor.
TND Not applicable.Min: 5,000 SF Max: 20,000 SF Min: 50 FT Max: 100 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 20 FT
Side: Min: 15 FT
Rear: Min: 10 FT; or 5 FT from a rear
alley or shared parking area
Forecourt Storefront One main entrance per building.
Main building entrance must face the street and be accessed from the street by a connecting walkway.
Secondary entrances to the side or rear.
AccessRear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared Driveway. Side Lot: Single Driveway
Parking On-Street: by Steet Type, within lot frontage Side/Rear Lot: Screened surface parkingOff-Lot: Shared, off-site or public parking
Civic Building A detached or attached principal building intended for civic use that varies in size and scale in relation to its development context – ranging from a small neighborhood community center to a large public building designed for public assembly and use. A civic building is typically centrally located to the neighborhood or area it serves and is designed to stand apart from its surroundings. A civic building may be developed in association with or independently from a Civic Space.
TND Not applicable.Min: 5,000 SF Max: N/A Min: 50 FT Max: N/A Min: 1.5 Max: By PUD Type
Front (BTZ): 10 to 20 FT
Side: Min: 0 FT (attached), or 15 FT (end)
Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area
Not applicable.Minimum of one main entrance per building.
Main building entrance(s) must face the street or a civic space and be accessed from the street by a connecting walkway.
Secondary entrances to the side or rear.
Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared DrivewaySide Lot: Single Driveway
Parking On-Street: by Steet Type, within lot frontage Side or Rear Lot: Screened surface parking. Off-Lot: Shared off-site or public parking
[Reserved]
(3) A front facing garage must be positioned a minimum of 5 FT behind the front façade (wall plane); extend no more than 40% of the width of the house; and must include windows and architectural treatments that blend in with the principal façade and serve to minimize its visual impact as viewed from the street.
(4) All side or rear lot surface and ground floor (pedestal) parking associated with a multi-family, nonresidential, or mixed use must be screened from the street, and adjacent
Supplemental Standards
Accessory Structures:
(1) Detached accessory buildings, where allowed, must be located to the rear of the lot behind the principal building, meet minimum side and rear setback requirements applicable to the principal building, and be clearly subordinate in size and scale to the principal building.
Cottage Court Standards
(1) For Cottages in a Cottage Court arrangement, see associated site, courtyard, and lot standards specific to a Cottage Court under T-3 “Cottage Court” (p. ___)
Parking Standards:
(1) All onsite parking areas and structures must meet required side and rear lot setbacks, unless shared with an adjoining property. Single or shared driveways may be located within side yard setbacks.
(2) An attached garage must be set back 12 FT from the front facade (wall plane), unless otherwise specified by Building Type.
Page 160 of 347
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
12 ENVIRONMENTAL PROTECTION STANDARDS
12.01 General Protection Standards, Classifications and Review Procedures
12.02 Restricted Infrastructure Encroachment
12.03 Steep Slopes
12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards
12.07 River Corridor Overlay District - RCO
12.08 Floodplain Overlay District (FP)
12.01 General Protection Standards, Classifications and Review Procedures
A. Purpose.
It is the purpose of this Article to implement, from a regulatory perspective, the Comprehensive Plan’s
goal of “emphasizing sustainability for long-term viability of a clean and green South Burlington” and
objective to “promote conservation of identified important natural areas, open spaces, aquatic resources,
air quality, arable land and other agricultural resources, historic sites and structures, and recreational
assets” in balance with the overall goals and objectives of the Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or
minimize undue adverse effects on these natural resources. The natural resources regulated in this article
may also be subject to specific subdivision or planned unit development standards. Where there is conflict
between subdivision or planned unit development standards, and the standards in this article, the
standard that imposes the greater restriction shall apply.
B. Classification.
For the purposes of these Regulations, resources are grouped into Hazards, Level I and Level II Resources.
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ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12
South Burlington Land Development Regulations
Table 12-01 – Classification of Natural Resources
Location in
Regulations Initial Identification Field Verification /
HDA
Hazards
Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested
River Corridor except intermittent streams 12.07 ANR Atlas If requested
Class I, II Wetlands, Buffers 12.06 ANR Atlas Required
Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted
Level I Resources
Habitat Block Overlay District 12.04 Habitat Block and
Connectors Overlay
District Map
N/A unless seeking
exchange per Section
12.04
Habitat Connector Overlay District 12.05 Habitat Blocks and
Connectors Overlay
District Map
N/A unless seeking
modification per
12.05
Level II Resources
Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.06 ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted
River Corridor - Intermittent Streams 12.07 Site Mapping If impacted
C. Applicability of Standards.
All development must comply with the provisions of this Article, unless otherwise exempted, in order to
prevent undue adverse effects on ecological resources, water quality and working lands, unless explicitly
waived or amended in this section. The following development is exempt from review under this Section:
(1) Construction of fences
(a) Under the following circumstances:
(i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing
occurred prior to November 10, 2021 or was approved by the DRB in accordance with this
Article; or
(ii) That are erected for standard agricultural purposes or,
(iii) That are lower than 4 feet measured from the ground to the highest point of the fence and
that have at least 16 inches of clearance between the lowest horizontal part of the fence and
the ground.
(b) In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations.
(2) Exemptions specified elsewhere in these Regulations.
D. Development Review
(1) For applications not otherwise subject to Site Plan Review, Subdivision Review, or PUD Review, all
development that may encroach upon a natural resource regulated in Article 12 shall be subject to
the submission requirements for a Site Plan in Appendix E as relevant to documenting the impact on
the Article 12 natural resource(s). Such application shall be reviewed by the Development Review
Board as a miscellaneous application.
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ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(2) Administrative Review. When alteration of Steep Slopes and/or Very Steep Slopes (regulated under
Section 12.03) is the only encroachment on an Article 12 natural resource, the application shall be
subject to administrative Site Plan Review (Section 14.04), unless the application is for a single-
household dwelling, a two-household dwelling, or an accessory structure to a single-household or
two-household dwelling. Such applications shall be subject to zoning permit review by the
Administrative Officer.
(3) City Center FBC District. All applications involving development in the City Center Form Based Code
District that may impact a Class II or Class III wetland, or the required buffer for a Class II or Class III
wetland regulated in Section 12.06 shall be subject to administrative Site Plan Review unless referred
to the Development Review Board for Site Plan Review by the Administrative officer (Section 14.04)
(4) Stormwater. All applications that solely include development related to stormwater management
(Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04).
(5) Stabilization of preexisting conditions. Encroachments into Class II Wetland Buffers located more
than 50’ from the edge of the wetland, Class III Wetland or their buffers, Habitat Blocks, Habitat
Connectors, Steep Slopes, and Very Steep Slopes, for the sole purpose of stabilizing a previously
approved, pre-existing structure, driveway, walkway, or land feature shall be subject to
administrative Site Plan review, unless the application is exempt from site plan review under Section
14.03. Applications exempted from site plan review shall be subject to zoning permit review by the
Administrative Officer and, except as required by the Administrative Officer, shall not be subject to
the submission requirements for a Site Plan in Appendix E. The applicant shall demonstrate that the
encroachment represents the least possible impact to the specific resource (e.g., location with least
adverse impact, designed to minimize disturbance of the resource). Nothing in this subsection
alleviates the obligation to comply with all applicable standards of the River Corridor Overlay District
and the Floodplain Overlay District.
12.02 Restricted Infrastructure Encroachment
A. Purpose.
The purpose of this section is to define specific types of “restricted infrastructure” that may be allowed
to encroach upon a natural resource regulated in Article 12 and to define the standards that shall be met
in order for an encroachment to be allowed.
B. Types of Development.
Restricted Infrastructure Encroachments are limited to the types of development listed in this subsection:
(1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect
parcels and neighborhoods, or provide recreational opportunities within areas containing Hazards,
Level I Resources, or Level II Resources.
(3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II
Resources (e.g., designed to minimize disturbance of the subject natural resources).
(4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II
Resources (e.g., designed to minimize disturbance of the subject natural resources).
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
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ENVIRONMENTAL PROTECTION STANDARDS ARTICLE 12
South Burlington Land Development Regulations
C. Qualifying Criteria.
Encroachment into a natural resource may only be allowed if there is a finding that the proposed
Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of
hazards, and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
(3) Is a part of an Environmental Restoration Project;
(4) Is on the Official Map;
(5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the
area; or
(6) For purposes of providing safe access in accordance with City roadway and connectivity standards to
an approved use.
D. Development Review Process.
Applications involving Restricted Infrastructure Encroachments shall be subject to the development
review process outlined in Section 12.01(D).
E. Standards.
All Restricted Infrastructure Encroachments shall meet the following standards:
(1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall
meet all specific, applicable standards for Restricted Infrastructure Encroachments into River
Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04).
(2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment
projects involving streets and/or driveways not shown on the City Official Map that cross River
Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04)
may be allowed only upon a determination by the Development Review Board that all resource-
specific standards and the following standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or no
constraints exist, property owners have been contacted to discuss locating the street or driveway
on the adjacent property;
(c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic
hardship;
(d) The area served by the encroachment represents more than thirty (30) percent of the total
developable land on the parcel; and,
(e) The encroachment represents the least possible impact to the specific resource (e.g., location
with least adverse impact, designed to minimize disturbance of the resource).
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ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
12.03 Steep Slopes
A. Purpose.
It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as mapped and
delineated for this purpose, in order to:
(1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water
quality.
(2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls,
slides, slumps and other downslope movements of materials or structures.
(3) Maintain and re‐establish vegetation on steep slopes to stabilize soils.
(4) Ensure that development on steep slopes is constructed and maintained in conformance with best
management practices for construction, stormwater management and erosion control.
B. Applicability.
All development is subject to the standards in this section where steep slopes or very steep slopes are
present.
C. Application Submittal Requirements.
Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application)
pursuant to Appendix E. An analysis of slope stability prepared by a licensed engineer shall also be
submitted to ensure that no erosion hazards are created that would have an undue adverse effect on
surface waters, wetlands, areas of special flood hazards, or downstream facilities, and any recommended
mitigation measures
D. Review Process.
Per Section 12.01(D), when alteration of Steep Slopes or Very Steep Slopes is the only encroachment on
an Article 12 natural resource, the application shall be subject to administrative Site Plan Review (Section
14.09), unless the application is for a single-household dwelling, a two-household dwelling, or an
accessory structure to a single-household or a two-household dwelling, in which case the application shall
be approved subject to zoning permit review by the Administrative Officer. The DRB or Administrative
Officer, as applicable, shall have discretion to waive review under Section 12.03 of any area of Very Steep
Slopes or Steep Slopes the DRB or Administrative Officer determine to be de minimis due to its small size
and isolation from other Very Steep Slopes or Steep Slopes.
E. Standards.
(1) Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment is
prohibited on very steep slopes.
(2) Steep Slope Standards.
(a) All development must be designed to avoid undue adverse effects on steep slopes which may
include, but are not limited to, undue clearing of vegetation, excavation, and/or filling.
(b) All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.
F. Exemptions.
(1) Removal of Earth Products. Steep slopes and very steep slopes created by an approved removal of
earth products use shall be exempt from the regulations of Section 12.03.
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(2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the
regulations of Section 12.03.
(3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a
lake, river, or stream through installation of vegetation and other methods that do not include the
installation of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03.
12.04 Habitat Block Overlay District
A. Purpose.
With the main goals of identifying habitat resources that meet the needs of a wide variety of wildlife
species and provide opportunities for some species to access several habitat areas, the City engaged a
consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and
unmanaged wetlands. Based on the information in that report, the City has designated certain areas
permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid
undue adverse effects from development on these resources, promote the natural succession of
vegetated areas of native vegetation in order to support wildlife habitat and movement, promote carbon
sequestration, filter air, and increase infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability.
The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the Habitat Block and
Habitat Connector Overlay Districts Map, except as follows:
(1) On lots less than one (1) acre in size existing as of November 10, 2021;
(2) On land located within a 50-foot horizontal distance of a principal building existing on the same
parcel as of the effective date of these regulations;
(3) On land authorized by the Development Review Board to be removed from or added to a Habitat
Block pursuant to the modification options of this section.
C. Application Submittal Requirements.
Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application)
pursuant to Appendix E. Where an applicant elects to perform a Habitat Disturbance Assessment, the
submittal requirements of Section 12.04J shall apply.
D. Modification of Habitat Block.
An applicant may request approval from the Development Review Board to modify a Habitat Block in
three ways. A development application may not include more than one option for any application.
Land located within the NRP District, Hazards, or Level I Resources, previously approved as open space or
conserved land, subject to a deed restriction prohibiting development, subject to a conservation or
density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District
and designated as a park or conservation parcel shall not be eligible for any of the three options to modify
a Habitat Block.
(1) Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat
Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written
request by the applicant as part of the requisite application. Any proposed reduction in Habitat Block
area must be offset with adding an equal amount of land contiguous to the Habitat Block within the
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same parcel or Planned Unit Development. In no case shall the Development Review Board approve
a net reduction of the area of a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat
Block not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever
is less, for an equal amount of land within the same Planned Unit Development or Site Plan, without
requiring a Habitat and Disturbance Assessment. Core Habitat Block Areas are not eligible for
exchange and no exchange shall eliminate Habitat Connectors. The land to be protected through the
exchange is not required to be contiguous with the Habitat Block. To approve a small on-site habitat
block exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas to be
protected as in proposed areas to be removed from the Habitat Block; and
(b) Prioritize the retention of forest stands in the existing Habitat Block that include trees measuring
nine (9) inches diameter at breast height (dbh) .
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat
Block larger than allowed under Subsection (2) for an equal amount of contiguous land within the
same Habitat Block upon written request, and pursuant to the standards of this Section. The
exchange of land within the same Habitat Block may occur within one parcel or on separate parcels.
(a) Supplemental Submittal Requirements.
(i) Indicate all proposed alterations to the Habitat Block on any required Master Plan,
Subdivision, PUD, Site Plan, and all subsequent plans.
(ii) Submit a Habitat and Disturbance Assessment (HDA) pursuant to Section 12.04(J) and a
written assessment of compliance with the standards contained within this subsection as part
of the preliminary application for Subdivision or Site Plan, whichever is applicable.
(b) Supplemental Standards of Review. The Development Review Board may approve an exchange
of a portion of a Habitat Block if it finds that all of the criteria below are met:
(i) The HDA demonstrates the alteration will not result in a reduction in the Habitat Block’s
function as a Significant Wildlife Habitat;
(ii) Wildlife movement and connectivity between Habitat Blocks will be retained;
(iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must
be designed to have no undue adverse effects on habitat functions; and
(iv) The land that will be added to the Habitat Block is contiguous to the land that will remain
Habitat Block after the exchange, such that the modified Habitat Block is a continuous,
uninterrupted whole that is not separated by roadways, railways, or other impeding
infrastructure.
(c) Exchanged Land. Land to be added to the Habitat Block must be identified on the recorded
subdivision plat and in associated legal documents.
(i) Any land proposed to be added to Habitat Block must have a restoration plan, prepared by a
landscape architect, professional wildlife biologist, or equivalent, that will result in the land
functioning as a Significant Wildlife Habitat within a period of ten (10) years and being
classified as transitional forest or forest by a land use/land cover assessment at that time.
E. Standards for Habitat Block Protection.
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(1) General Standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2)
below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance
with Section 12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally
vegetated condition including, but not limited to, the following prohibitions.
(a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
(b) The creation of new lawn areas is prohibited.
(c) Snow storage areas are prohibited.
(d) Any building envelopes shall not contain any land located within Habitat Blocks.
(2) Exempted Uses and Activities.
The following uses and activities are exempt from review under this section:
(a) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in
width, or their width prior to adoption of these regulations, whichever is greater;
(b) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees
posing an imminent threat to buildings or infrastructure; and
(c) Uses and activities enumerated in Section 12.01(C).
(d) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Block and Habitat Connector Overlay Districts Map.
F. Development within Habitat Blocks.
The DRB may allow the following types of development within a Habitat Block pursuant to the standards
contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
(a) The facility shall be strictly limited to the minimum width, area, and impact necessary to function
for its intended purposes.
(b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width,
area, and impact necessary for the facility to function for its intended purposes. Street tree
requirements shall not apply in these areas. Street lighting shall be prohibited in these areas
except as necessary to meet State or Federal law.
(c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction
or elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or
culverts.
(2) Outdoor recreation uses, provided any building, structure, parking, and/or driveways appurtenant
to such use are located outside the Habitat Block. Within a public park, structures not exceeding 500
square feet gross floor area are permitted but must be consistent with any adopted management
plan for the park.
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(3) Research and educational activities, provided any building, structure, parking, and/or driveways
appurtenant to such use are located outside the Habitat Block except Research and educational
structures not exceeding 500 square feet gross floor area.
G. Habitat Block and Habitat Connector Overlay Districts Map.
The approval of a modification or exchange of a Habitat Block (pursuant to Section 12.04D, above) shall
revise the Habitat Block and Habitat Connector Overlay Districts Map as approved without further action.
H. Habitat and Disturbance Assessment (HDA).
(1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify
significant wildlife habitat and the existence of rare, threatened and endangered species (RTEs),
within subject properties with Habitat Blocks and Habitat Connectors .
(2) HDA Content Requirements. When an HDA is required by these regulations, it must be prepared by
a qualified wildlife biologist or ecologist. The HDA prepared for the Development Review Board shall
include the following information:
(a) Site Conditions Map, including all Habitat Blocks and Habitat Connectors on or within 200 feet of
the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific habitat types found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site to other significant wildlife
habitat (e.g., for connectivity between mapped habitat blocks; contiguous location to other
significant wildlife habitat);
(d) The distance of all proposed development activities, including clearing, driveways and
infrastructure, and other areas of disturbance, from the significant wildlife habitat and the total
area of disturbance and the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated activities
(e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting,
introduction of non-native species for landscaping) on the ecological function of the significant
wildlife habitat found on the site. This shall include an assessment of whether travel between
Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize
the proposed development’s impact on the habitat, including but not limited to buffers from
habitat or specific identified species, provisions for substitute habitats with comparable
ecological function to the impacted habitat, and/or physical design elements to incorporate into
the project.
12.05 Habitat Connector Overlay District
A. Purpose.
It is the purpose of this Section to maintain the functionality of identified Habitat Connectors, allowing
species to travel between identified Habitat Blocks, wetland areas, water bodies, and other natural
resources within and adjacent to the City.
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B. Applicability.
The requirements of this Section apply to all areas indicated as “Habitat Connectors” on the Habitat Block
and Habitat Connector Overlay Districts Map, except as follows:
(1) Lots of less than one (1) acre existing as of the effective date of these Regulations.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as
of the effective date of these regulations.
C. Standards for Protection of Habitat Connectors.
(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally
vegetated condition.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat
Connector may be used to count towards the required 150-foot width of the Habitat Connector.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector
from its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must
connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be
accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect,
professional wildlife biologist or equivalent). The restoration plan must include a robust planting
plan of native tree and shrub species, specific actions to minimize disturbance to any existing
vegetation supporting a habitat function, and a maintenance plan to ensure its growth. The
restoration plan must design the relocated Habitat Connector to support the movement of mammal
species such as fisher, bobcat, river otter, mink and coyote within a period of ten (10) years.
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on
parcels where development is proposed and pre-existing conditions consist of Habitat Connectors
that are less than 150 feet in width along the entire length of the Habitat Connector. Restoration
must include a robust planting plan of native tree and shrub species and specific actions to minimize
disturbance to any existing vegetation supporting a habitat function within areas of the Habitat
Connector less than 150 feet wide. The applicant may request, in writing, to waive this requirement.
The DRB may grant a waiver only if restoration of the Habitat Connector is not possible due the
placement of pre-existing structures on the subject parcel.
12.06 Wetland Protection Standards
A. Purpose.
It is the purpose of this Section to protect the City’s wetland resources in order to protect wetland
functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their
respective buffers via the standards of this section. The City also intends to provide protection that offers
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limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers,
and for Class II wetlands and their respective buffers in specific identified areas of the City.
B. Applicability.
All development in the City of South Burlington shall comply with the requirements of this section. The
requirements of this Section will apply to all lands described as follows, collectively referred to as
Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal
only) zoning districts, (established and defined in Section 3.01), a Class I wetlands buffer area is
measured one hundred (100) feet in horizontal distance from the boundary of the Class I
wetland.
(b) In all Residential and Other (except Municipal) zoning districts, as established and defined in
Section 3.01, a Class I wetlands buffer area is measured two hundred (200) feet in horizontal
distance from the boundary Class I wetland.
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal
only) zoning districts (established and defined in Section 3.01), a Class II wetlands buffer area is
measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland.
(b) In all Residential and Other (except Municipal) zoning districts, as established and defined in
Section 3.01, a Class II wetlands buffer area is measured one hundred (100) feet in horizontal
distance from the boundary of the Class II wetland, except as under (d) below.
(c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a single-
family or two-family dwelling, the Class II wetlands buffer area is measured fifty (50) feet in
horizontal distance from the boundary of the Class II wetland.
(3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related
buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are
subject to the provisions of this section. Class III wetlands less than 5,000 square feet in size are not
regulated by the City.
C. Application Submittal Requirements.
Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application)
pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation and
wetlands report.
(2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of
Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in
their review of the application instead of requiring an additional or separate delineation.
D. Standards for Wetlands Protection.
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II
wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their
associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an
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applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to
modify this standard per the regulations in Section 12.06(F).
(2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and
associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed,
naturally vegetated condition. The following activities are permissible, however:
(a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section
or to modify this standard where allowable per the regulations in Section 12.06(F).
(i) Approved stormwater management systems that do not meet the definition of a Restricted
Infrastructure Encroachment may incorporate a Class III wetland and its related buffer.
(b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands meeting the
5,000 s.f. threshold) that are incidental to an approved development project are allowed. They
are not required to meet the standards in this Section but must be shown on the applicant’s
plans. Temporarily impacted Class III wetland buffers shall be returned to their pre-impact state
prior to completion of the project.
(c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f.
threshold) or its buffer for the purpose of installing underground utilities are not required to
meet the standards in this Section but must be shown on the applicant’s plans. Temporarily
impacted Class III wetland and their related buffers shall be returned to their pre-impact state
prior to completion of the project.
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter
of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any
such landscaping or fencing must accommodate wildlife passage.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be
considered non-conforming development. Non-conforming development within a wetlands
buffer may not be expanded.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.02
and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider than 24
feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as
reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage.
E. Exemptions.
The following activities are not required to meet the standards in this section and do not require a local
permit:
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(1) Maintenance of Pre-Existing Gardens, Landscaped Areas/Lawns, Structures and Impervious
Surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious
surfaces located within a wetlands buffer, and that were legally in existence as of the effective date
of these regulations, does not require a permit.
(2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g. non-
motorized or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified
by the Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands,
and their associated buffers, is exempt from these regulations.
(3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons
and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class
II or Class III wetland. All trails located within this buffer area should be constructed to meet the best
practices outlined in the Recreational Trail Building Guidance document developed by the Vermont
Agency of Natural Resources.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of this
section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning
Districts.
(b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure,
structures, and impervious surfaces within a Class II wetland buffer in any zoning district if;
(i) The resulting total area of lands within the wetland buffer that will be in a naturally vegetated
condition is increased;
(ii) The applicant submits an evidence-based professional opinion by a wetland scientist that the
re-development will have a net positive effect on the health and functioning of the wetland;
and
(iii) The project results in no increase in total impervious surface within the Class II wetland buffer.
(c) Installation of low-impact development stormwater practices consistent with wetland functions
and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.
(2) Modification Review Process. Modification requests shall be reviewed as follows:
(a) In the City Center Form Based Code District, the Administrative Officer shall have the authority
to review and approve all modification applications as part of an administrative Site Plan
application.
(b) In all other zoning districts, the Development Review Board shall have the authority to review
and approve all modification requests.
(3) Modification Standards. The Development Review Board or the Administrative Officer, as
applicable, may grant a modification from the rules of this Section only if a modification application
meets all the following standards:
(a) The modification shall be the minimum required to accommodate the proposed development;
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(b) The proposed development will not have an undue adverse effect on the planned character of
the area, as defined by the purpose statement of the zoning district within which the project is
located, or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the property
to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland
functions and values identified in the field delineation.
12.07 River Corridor Overlay District - RCO
A. Purpose.
It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space
necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural,
physical processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors;
(4) Protect and improve the quality of surface waters and streams within the City of South Burlington;
(5) Provide sufficient space for wildlife habitat along rivers and streams; and,
(6) Provide allowances for infill and redevelopment of designated centers that are within river corridors.
B. Authority.
In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for areas
at risk of erosion damage in the City of South Burlington Vermont. These regulations shall apply to
development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan.
These regulations hereby implement the relevant portions of the City of South Burlington's adopted
Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability.
This bylaw does not imply that land outside of the areas covered by this overlay district will be free from
erosion damages. This regulation shall not create liability on the part of the City of South Burlington, or
any municipal official or employee thereof, for any erosion damages that result from reliance on this
regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw.
The provisions of this River Corridor Overlay District shall not in any way impair or remove the necessity
of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a
greater restriction, the provisions in these regulations shall take precedence.
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F. District General Provisions.
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the
underlying district, or another overlay district such as the Flood Hazard Overlay District, shall apply
in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with
another such district, the stricter provision shall apply.
(2) RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including the
Statewide River Corridors and refinements to that data based on field-based assessments which
are hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever is
applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of
Potash Brook where a mapped River Corridor has not been developed by the Vermont Agency
of Natural Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope, whichever
is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out in
the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
(a) River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II
Resources.
(b) All Other River Corridors. River Corridors on all other streams are Hazards.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary
on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide
ANR a description of the physical characteristics that bring the river corridor delineation into
question (e.g. the presence of bedrock or other features that may confine lateral river channel
adjustment. When ANR receives a request for a letter of determination, ANR evaluates the site
and existing data to see if a change to the river corridor delineation is justified, necessitating a
river corridor map update. An ANR letter of determination will either confirm the existing river
corridor delineation or will result in an update to the river corridor delineation for the area in
question. If a map update is justified, an updated map will be provided with the letter of
determination.
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G. Prohibited, Exempted, and Permitted Development in River Corridors.
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
(a) All development, including new structures, structure additions, fill, accessory dwelling units, and
any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change
to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not
include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel
to the river is not exempt and shall meet the Development Standards in Section 12.07(I) below),
dams, dry hydrants, and other functionally dependent uses that must be placed in or over rivers
and streams that are not located in a flood hazard area and that have coverage under a Stream
Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont
Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined
by the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food
and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. §
248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance with
24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
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(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to exceed
ten (10) feet in width.
(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public
infrastructure within the River Corridor in existence as of the effective date of these regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture,
Food & Markets, within the River Corridor is an exempt from these regulations.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs and the standards of this
section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for
the protection of the public health, safety and welfare.
(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02
and the standards of this section.
(c) Replacement of on‐site septic systems.
H. Development Review Classification & Referral to Outside Agencies
(1) All land development proposed in the River Corridor is subject to review standards outlined in Section
12.01(D).
(2) Referrals to Outside Agencies.
(a) Upon receipt of a complete application for development in the River Corridor, the Administrative
Officer shall submit a copy of the application and supporting information to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in
accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments
from the Agency, or the expiration of 30 days from the date the application was mailed to the
Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the
application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont
Agency of Natural Resources, Department of Environmental Conservation. A permit may be
issued only following receipt of comments from the Vermont Agency of Natural Resources, or
the expiration of 30 days from the date the application was mailed to the Vermont Agency of
Natural Resources, whichever is sooner.
I. Development Standards.
The criteria below are the minimum standards for development in the RCO District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an undisturbed,
naturally vegetated condition. The clearing of trees and other vegetation is generally prohibited. This
standard also does not apply to forestry operations or silvicultural (forestry) activities exempt from
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local zoning regulation or the removal of trees that are dead, diseased, heavily damaged by ice
storms or other natural events, or identified as an invasive species. The placing or storing of cut or
cleared trees and other vegetation is also prohibited.
(a) Pre-Existing Non-Conforming Lawn Areas. The following section pertains the applications for
new development on lots with pre-existing non-conforming lawn areas located within the River
Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on lots
with existing single or two-household dwelling uses, and pre-existing non-conforming lawn
areas in the River Corridor, shall not be required to brought into conformance with the natural
vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or two-
household dwelling), and that also includes pre-existing non-conforming lawn areas in the
River Corridor, shall only be approved if the applicant removes at least 50% of the pre-existing
non-conforming lawn area within the River Corridor and completes site remediation. Site
remediation shall include re-seeding the subject area with a naturalized mix of grasses rather
than standard lawn grass and returning the area to a natural state (no mowing).
(3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
in the River Corridor provided the proposed land development conforms with the following
standards:
(a) The facility shall comply with the standards in Section 12.02;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from
the edge of channel of the surface water of all other streams. This standard shall not apply to
the intake of municipal or community water system, or the outfall of a municipal wastewater
treatment or stormwater treatment projects, all of which are functionally dependent upon
access to surface waters. This standard shall also not apply to road crossings, driveway crossings,
public sidewalks and recreation paths (including bridges and boardwalks) intended to connect
parcels and neighborhoods, or provide recreational opportunities, approved under Section
12.02;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
(d) The facility shall comply with Section 12.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of the
outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may waive
this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along
the border of the River Corridor. The design and installation of any such landscaping or fencing must
accommodate wildlife passage.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed
development will not be any closer to the river than existing adjacent development.
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(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
(i) Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure
12-1); or,
(ii) Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 12-2); or,
Figure 12-1: Infill Development
Figure 12-2: Down River Shadow
(iii) River Corridor Performance Standard. The proposed development shall:
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(c) not be placed on land with a history of fluvial erosion damage or that is imminently threatened
by fluvial erosion; and,
(d) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium conditions;
and,
(e) not result in an immediate need or anticipated future need for stream channelization that would
increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(f) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements.
In addition to all information required for permitted development, the application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of
bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any
proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements for
infill development and certain non-habitable and accessory structures in subsection 12.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that demonstrates
how the proposal meets the River Corridor Performance Standard in subsection 12.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding
the proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the
general public and promote the public trust uses of the water shall include a condition prohibiting
the permittee from actively managing the applicable section of river solely to protect the public
water access from lateral river channel adjustment.
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife
passage for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
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12.08 Floodplain Overlay District (FP)
A. Purpose.
It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the
tax base, and the extraordinary public expenditures and demands on public services that result from
flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and
accomplished in a manner that is consistent with public wellbeing, does not impair flood plain
services or the stream corridor;
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal
hazard mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for
federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be
available.
B. Authority.
In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414, there is
hereby established a bylaw for areas at risk of flood damage in the City of South Burlington Vermont.
These regulations shall apply to development in all areas in the City of South Burlington identified as within
the Floodplain Overlay District designated in Section 3.01(B).
C. [Reserved]
D. Administration.
(1) Floodplain Review. All development in the City of South Burlington located within the Floodplain
Overlay District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other
existing zoning districts. All other requirements of the underlying district shall apply in addition to
the provisions herein, unless otherwise indicated. The Floodplain Overlay District is composed of
two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include those
areas of special flood hazard designated 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 and mapped as Zones A, AE, or A1-30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include those
areas of special flood hazard designated 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, and as depicted on the Natural Resources Map as
Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1 is composed of areas
of the 500-year floodplain that are already substantially developed and where additional
opportunities for infill development is appropriate. Floodplain Overlay District Zone 0.2% B2 is
composed of areas of the 500-year floodplain that are not developed and where future
development is not appropriate.
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(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
(a) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer. If
the applicant disagrees with the determination made by the Administrative Officer, a Letter of
Map Amendment from FEMA shall constitute proof that the property is not located within the
Special Flood Hazard Area.
(b) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones 0.2%
B1 and B2 the location of the boundary shall be determined by the Administrative Officer. If the
applicant disagrees with the determination made by the Administrative Officer, the applicant
may appeal the determination in accordance with Article 17.
(3) Base Flood Elevations and Floodway Limits.
(a) Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in the
Flood Insurance Study and accompanying maps shall be used to administer and enforce the
provisions of these regulations.
(b) In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits have
not been provided by the National Flood Insurance Program in the Flood Insurance Study and
accompanying maps, it shall be the responsibility of the applicant to develop the base flood
elevation at the site using data available from state or federal agencies or other sources.
(4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
(5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations.
Where these regulations imposes a greater restriction the provisions here shall take precedence.
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South
Burlington Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged structure
may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or undertaken
to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of equipment,
machine, or system to the specified operable condition to achieve its maximum useful life and
does not include expansions or improvements to development.
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(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not
include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not reduce
the cross-sectional flow area of the river or stream channel and have coverage under a Stream
Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under the
State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule,
Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations and silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined
by the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture Food
and Market’s Required Agricultural Practices (RAPs).
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. §
248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements.
(1) Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay District
boundaries – all zones), the shortest horizontal distance from the proposed development to the
top of bank of any river, any existing and proposed drainage, any proposed fill, pre- and post-
development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review Sheet.
The Project Review Sheet shall identify all State and Federal agencies from which permit approval
is required for the proposal, and shall be filed as a required attachment to the municipal permit
application. The identified permits, or letters indicating that such permits are not required, shall
be submitted to the Administrative Officer and attached to the permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed
and provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain of
the Winooski River:
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(i) New, substantially improved, or substantially damaged structures;
(ii) Projects requiring elevation or dry-floodproofing above BFE;
(iii) Additions to existing historic structures; and
(iv) Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
(i) Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or expanded
encroachments within the floodway.
(ii) In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by FEMA, but
no floodway areas have been designated, the applicant shall provide a floodway delineation
that demonstrates that the proposed development, when combined with all existing and
anticipated future development, will not increase the water surface elevation of the base
flood by more than one foot at any point within the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit:
(i) Renderings or other additional information relevant and necessary to evaluating the aesthetic
or visual impact of the proposed improvement.
(ii) A landscaping plan.
(3) Waivers. Upon written request from the applicant, the Development Review Board may waive
specific application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process.
All applications for development in the Floodplain Overlay District shall be reviewed according to the
following procedures:
(1) Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424. A
permit may be issued only following receipt of comments from the Agency, or the expiration of
30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent communities,
the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps
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of Engineers. Copies of such notice shall be provided to the State National Flood Insurance
Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of
Environmental Conservation. A permit may be issued only following receipt of comments from
the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the
application was mailed to the Vermont Agency of Natural Resources, whichever is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay District
provided that the application is complete and the proposed development can be approved
administratively under all other sections of the South Burlington Land Development Regulations:
(i) Changes from a permitted land use to another permitted land use provided that any other
changes to the site may also be administratively reviewed.
(ii) Above grade development, which has not been elevated by the placement of fill, that is two
feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
(iii) Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
(iv) Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR Regional
Floodplain Manager that the project is designed to meet or exceed the applicable standards
in these regulations.
(v) River and floodplain restoration projects, including dam removal, that restore natural and
beneficial floodplain functions and include written confirmation from the ANR Regional
Floodplain Manager that the project is designed to meet or exceed the applicable standards
in these regulations.
(vi) Improvements or repairs of damage to structures that do not expand the existing footprint
and do not meet the definition of “substantial improvement” or “substantial damage.”
(vii) Accessory structures less than 500 square feet in size in the Floodplain Overlay District Zones
0.2% B1.
(viii) Building utilities.
(ix) Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all application
materials and fees, the Administrative Officer shall act to either issue or deny a permit in writing,
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or to refer the application to the Development Review Board. If the Administrative Officer fails
to act with regard to a complete application for a permit within the 30-day period, a permit shall
be deemed issued on the 31st day, unless the permit is for new construction or substantial
improvement, in which case a permit shall not be issued until the Administrative Officer has
complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been obtained.
For permit applications that must be referred to a state agency for review, no permit shall be
issued until a response has been received from the State, or the expiration of 30 days following
the submission of the application to the State, whichever is sooner.
G. Floodplain Review Standards.
Development in the Floodplain Overlay District shall be reviewed to ensure that it complies with the
following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
(b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
(c) New critical facilities;
(d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
(e) Storage or junk yards;
(f) New fill except as necessary to elevate structures above the base flood elevation.
(g) Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
(2) Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a) New encroachments are prohibited within the floodway, except for the following, which also
shall comply with subsection (b) below:
(i) New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
(ii) New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with
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standard engineering practice, by a registered professional engineer, and shall certify that the
proposed development will:
(i) Not result in any increase in flood levels during the occurrence of the base flood;
(ii) Not increase base flood velocities; and
(iii) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse
impact.
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
(b) All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
(c) All development shall be (I) designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure during the occurrence of the base flood,
(II) be constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters. On site waste disposal systems shall be
located to avoid impairment to them or contamination from them during flooding.
(e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
(g) Structures.
(i) Residential Structures
(I) Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
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above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
(II) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall be
located such that the lowest floor is at least two (2) feet above the average grade level
on-site; this must be documented, in the proposed and as-built condition, with a FEMA
Elevation Certificate. Average grade level means the average of the natural or exiting
topography at center of all exterior walls of a building or structure to be placed on site.
(ii) Non-Residential Structures. Non-residential structures to be substantially improved, and new
non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet the
following standards:
(I) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
(II) Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
structure has been constructed in accordance with accepted standards of practice for
meeting the provisions of this subsection.
(h) Basements. For all new construction and substantial improvements, fully enclosed areas below
grade on all sides (including below grade crawlspaces and basements) shall be prohibited.
Substantial improvements to existing buildings requires compliance with this section.
(i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully
enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and
subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such
designs must be certified by a licensed professional engineer or architect, or meet or exceed the
following minimum criteria: A minimum of two openings on two walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway
limits have not been determined, development shall not be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated encroachment, will not increase the base flood elevation more than one (1) foot
at any point within the community. The demonstration must be supported by technical data
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that conforms to standard hydraulic engineering principles and certified by a licensed
professional engineer.
(k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
(l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure
of 500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay
District.
(m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the
definition of substantial damage shall be constructed so that the lowest floor, including
basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade
level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2,
or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1-
30. A critical facility shall have at least one access road connected to land outside the 0.2%
annual chance floodplain that is capable of accommodating emergency services vehicles. The
top of the access road shall be no lower than the elevation of the 0.2% annual chance flood
event.
(n) Historic Structures. For historic structures that would meet the definition of substantial
improvement or substantial damage if not for their historic structure designation, the improved
or repaired building shall meet the following mitigation performance standards for areas below
the base flood elevation:
(i) Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from
inundation and scour or be easily repaired;
(ii) The building foundation shall be structurally sound and reinforced to withstand a base flood
event;
(iii) The structure’s historic designation shall not be precluded;
(iv) The likelihood of flood waters entering the structure during the base flood is reduced; and
(v) There shall be no expansion of uses below base flood elevation except for parking, storage,
building access, or, in the case of non-residential buildings, where the space is dry
floodproofed.
(o) No Rise Requirement. No encroachment, including fill, new construction, substantial
improvement, or other development, that would result in any increase in flood levels within the
regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless
hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will:
(a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood;
and
(b) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures
within may be approved by the DRB provided the following standards are met:
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(i) The improvement involves, to the greatest extent possible, the use of natural materials such
as wood and stone.
(ii) The improvement will not increase the potential for erosion.
(iii) The project will not have an undue adverse effect on the aesthetic integrity of the lakeshore.
(iv) The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
(4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
(a) All land lying within a River Corridor as defined in these regulations is subject to the standards of
Section 12.07 in addition to the standards of this section.
H. Nonconforming Structures.
(1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or
destroyed may be reconstructed in its original location only if it is rebuilt to comply with all
requirements of the National Flood Insurance Program and these regulations;
(2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are
discontinued for more than 6 months. An abandoned structure shall not be permitted for re-
occupancy unless brought into compliance with these regulations and Section 3.11(G). An
abandoned use shall not be permitted unless brought into compliance with these regulations.
I. Variances.
(1) A variance for development in the Floodplain Overlay District may be granted by the Development
Review Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform
the applicant in writing over the signature of a community official that the issuance of a variance to
construct a structure below the base flood elevation increases risk to life and property and will result
in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such
notification shall be maintained with a record of all variance actions.
J. Certificate of Occupancy.
A Certificate of Occupancy shall be required for all new structures or substantial improvements to
structures in the Floodplain Overlay District. Upon receipt of the application for a certificate of occupancy,
the Administrative Officer shall review the permit conditions and inspect the premises to ensure that:
(1) All required state and federal permits that have been obtained by the applicant;
(2) All work has been completed in conformance with the zoning permit and associated approvals; and
(3) All required as-built documentation has been submitted to the Administrative Officer (e.g. updated
FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built
floodway encroachment analysis).
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K. Enforcement.
Enforcement shall be conducted by the Administrative Officer. All enforcement action related to property
in the Floodplain Overlay District shall be performed in compliance with Article 17 and the following
procedures:
(1) The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the
Administrative Officer for development that is not in conformance with this section.
(2) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit
a declaration to the Administrator of the National Flood Insurance Program requesting a denial of
flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968,
as amended.
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ARTICLE 13 SUPPLEMENTAL REGULATIONS
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13 SUPPLEMENTAL REGULATIONS
13.01 Transportation Demand Management
13.02 Off Street Parking and Loading
13.03 Bicycle Parking and Storage
13.04 Landscaping, Screening, and Street Trees
13.05 Stormwater Management
13.06 Airport Approach Cones
13.07 Exterior Lighting
13.08 Outdoor Storage and Display
13.09 Solar Radiation
13.10 Connections across a Lot
13.11 Fences
13.12 Utility Cabinets and Similar Structures
13.13 Signs
13.14 Subsurface Sewage Disposal Systems.
13.15 Satellite Dishes
13.16 Retaining Walls
13.17 Residential Design for New Homes
13.18 Transportation Standard and Congestion Policy
13.01 Transportation Demand Management
A. Purpose.
Transportation Demand Management (TDM) is a strategy to increase the overall efficiency of the
transportation system by diversifying transportation options and reducing single-occupancy vehicle (SOV)
trips and/or vehicle miles traveled (VMT). The primary objectives of TDM are to mitigate traffic
congestion, reduce vehicle emissions, provide users mobility choice, and improve community livability.
B. Applicability.
(1) TDM requirements shall apply in all zoning districts and to land development as follows:
(a) Master plans shall apply TDM requirements to the entire area of land development, or to each
phase if the project includes phasing.
(b) Site Plan Review shall apply TDM requirements.
C. Calculation Of Trips Generated.
(1) Reference Materials. Trips generated will be evaluated using the methodology established in
Appendix B.
(2) Net Change. The City will consider the net change in trips generated by a proposed development.
(a) Trips shall be calculated using the most appropriate land use category and the estimate of PM
peak hour trips as estimated by the current Institute of Transportation Engineers (ITE) Trip
Generation Manual.
(b) A lot which has an existing land use shall use its currently-permitted trip generation rate as the
baseline. If no such rate can be identified through permitting records, the applicant shall
calculate a baseline trip generation rate as per section 13.01 C (1).
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(c) Lots which have no existing permitted or developed land use or where a previously-permitted or
developed land use has been abandoned for more than three (3) years are considered to have
zero (0) preexisting trip generation.
(3) The DRB or Administrative Officer may, at their discretion, declare multiple buildings that are part of
a single parcel, application, master plan or master plan phase, to be a single entity for the purposes
of calculating TDM requirements.
D. TDM Development Category.
A development is assigned a TDM Development Category based on the estimated net change in PM Peak
Hour Vehicle Trips on the adjacent street.
Table 13-1. Calculating TDM Development Categories
TDM Development Category Small
Development
Standard
Development
Large
Development
Net Change in PM Peak Hour
Vehicle Trips
<25 25-75 >75
E. TDM Reduction Requirements.
A development is required to achieve the minimum required amount of reduction in added PM Peak Hour
trips generated by TDM Development Category as enumerated in Table 13-2. “Reduction” refers to the
total number of trips reduced by a TDM Action.
Table 13-2. Minimum TDM Requirements For Developments
Site Category Small Standard Large
Trip Reduction Targets No TDM Actions
required
5% Target TDM
Reduction
14% Target TDM
Reduction
F. TDM Credits.
(1) Enhanced Transit Proximity Credit. An Enhanced Transit Proximity Credit equal to a 10% reduction
in PM Peak Hour trips generated shall be applied to buildings whose primary entrance(s) fronts
directly onto one of the following roadways: Shelburne Road and Shelburne Street; Williston Road
from the Burlington city limits to its intersection with Kennedy Drive, inclusive of the full intersection;
Kennedy Drive; Dorset St from its intersection with Kennedy Drive to its intersection with Williston
Rd, inclusive of the full intersections; and/or land located within the City’s Neighborhood
Development Area.
(a) All buildings for which an applicant elects to apply an Enhanced Transit Proximity Credit shall
demonstrate a separated and direct pedestrian connection from the building or buildings’
primary entrance(s) to the sidewalk, multiuse path, or other pedestrian facility located on the
road served by transit.
(b) Applicants for the Enhanced Transit Proximity Credit shall provide evidence to the Development
Review Board or Administrative Officer that the Applicant has met or communicated with staff
or authorized representatives of Green Mountain Transit or its successor concerning the project.
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(c) Buildings which are part of a master plan, PUD, or site plan review that is subject to TDM but
which do not have a primary entrance fronting directly onto an eligible road segment do not
qualify for the Enhanced Transit Proximity Credit.
(2) Standard Transit Proximity Credit. A Standard Transit Proximity Credit equal to a 5% reduction in
PM Peak Hour trips generated shall be applied to buildings located within 0.25 miles of, but which
lack frontage along, any of the above-mentioned sections of road, provided that the building’s
primary entrance(s) are located within a 0.25 mile radius of an eligible road segment.
(a) Buildings which are part of a master plan, PUD, or site plan review that is subject to TDM but
which do not have a primary entrance located within a 0.25 mile radius of an eligible road
segment do not qualify for either Transit Proximity Credit.
(3) Non-Residential Mixed-Use Credit. A Non-Residential Mixed-Use Credit equal to a 3% reduction in
PM Peak Hour trips generated may be applied to non-residential projects that are co-located with a
supporting commercial or retail use that will reduce trips through internal capture.
(a) The supporting use must be appurtenant to the primary land use and must be sited to favor access
by internal pedestrian circulation.
(b) This credit shall not affect the calculation of PM Peak Hour Trips generated for projects where it
may be applied.
(4) Upon an affirmative finding that the abovementioned criteria have been met for a project subject to
TDM requirements, the DRB or administrative officer shall grant the appropriate TDM Credit.
G. TDM Actions.
(1) An applicant shall select policies and physical improvements (collectively “TDM Actions”) to reduce
total trip generation and meet the reduction required by TDM according to their project’s TDM
Development Category. Each TDM action has a corresponding value that estimates the percentage
of total PM Peak Hour trips that action will reduce.
(a) Ongoing actions must be maintained as long as the TMP is active for that project or site unless
otherwise specified. If an ongoing action is discontinued, applicants must amend their TMP to
include new TDM actions sufficient to mitigate their required number of trips.
(b) Ongoing Actions are only available to Large Developments.
(c) An applicant may exceed the minimum required reduction through various allowable TDM
Actions.
(d) An applicant choosing multiple TDM Actions must select at least one Active Transportation
Action before choosing other Actions.
(2) Active Transportation Actions.
(a) Sheltered short-term bike parking – 3% reduction
Applicants must provide a sheltering structure located above planned or approved bike parking.
The bike parking facility must adhere to the following standards:
(i) Covered bike parking spaces must be total 20% of car parking spaces or 5 bike parking spaces,
whichever is greater.
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(ii) The shelter must be erected above a concrete, wood, crushed gravel, or otherwise firm
walking surface, must be kept clear of snow, debris, and other obstructions, and must have a
direct, separated path to the front entrance of the building(s) it serves.
(iii) The shelter must include a roof which extends at least 2.5’ horizontally beyond the outermost
bike rack(s).
(iv) Bike racks must be of the types listed in Appendix G and comply with the standards for short-
term bike parking as per Article 13.03(b) of the LDRs.
(v) Bike racks installed under this Action may count towards short-term bike parking minimums
as required under Site Plan Review.
(b) Ebike-optimized bike parking– 2% reduction.
In order to be ebike-optimized, bike parking spaces must adhere to the following standards:
(i) Must be located within four feet (4’) of a standard wall outlet supplying electric current
sufficient to charge Class 1-3 ebikes.
(ii) Outlets must be of a standard wall outlet type.
(iii) Ebike optimization may only be added to long-term bike parking spaces.
(iv) An applicant must optimize at least 30% of the long-term bike parking spaces located on the
site or five (5) spaces, whichever is greater, to receive credit for this action.
(c) Bike repair station – 2% reduction
Applicant must include a bicycle repair station consisting of a designated, publicly accessible area
directly adjacent to the building, such as next to short-term bike parking, underneath covered
bike parking, or in the building garage, where bicycle maintenance tools and supplies are readily
available on a permanent basis and offered in good condition to encourage bicycling.
(i) Tools and supplies should include, at a minimum, those necessary for fixing a flat tire,
adjusting a chain, and performing other basic bicycle maintenance.
(ii) Available tools should include, at a minimum, a bicycle pump, wrenches, a chain tool,
lubricants, tire levers, hex keys/Allen wrenches, Torx keys, screwdrivers, and spoke wrenches.
(d) Extra long-term bike parking– 3% reduction
(i) For retail, residential, office, and all other non-residential uses except educational facilities
required to install long-term bike parking as per Article 13.03(C), the applicant must provide
an additional 50% long-term bike parking spaces above the minimum number required, or 3
additional spaces, whichever is greater.
(ii) For all other facilities required to install long-term bike parking as per Article 13.03(C), the
applicant must provide an additional 50% long-term bike parking above the minimum number
spaces required and shall use the applicable rate for the facility type as defined in Table 13-3,
or the applicant shall install three (3) long-term bike parking spaces, whichever is greater.
(e) Showers and changing facilities – 2% reduction
(i) If a residential or mixed-use building is required to install long-term bike parking per Table 13-
3 but is not required to install changing facilities and showers, applicant must provide at least
1 changing and shower facility in addition to the required clothes lockers.
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(f) Pedestrian amenities – 2% reduction.
Applicant must optimize public spaces (i.e. primary entrances, building accesses, lobbies, etc) to
support active commuting modes. Plans must clearly demonstrate a commitment to design that
supports active transportation and must include the following features:
(i) Wide (at least 8’) walkways which link buildings’ primary entrances to adjacent sidewalks,
multiuse paths, and any TDM amenities present on or adjacent to the site;
(ii) Landscaping, lighting, sheltering, layout, or other design features that support, encourage,
and dignify pedestrian access.
(iii) Projects within the Urban Design Overlay district must exceed that district’s design standards
through a demonstrated commitment to design that supports active transportation, as
determined by the DRB or Administrative Officer.
(iv) Projects located outside of the Urban Design Overlay district must meet or exceed that
district’s design standards.
(3) Site Design Actions.
(a) Carpool spaces – 1% reduction.
(i) Carpool parking spaces must be clearly marked as exclusively available for non-single
occupancy vehicles.
(ii) Carpool parking spaces must be located no farther from the main entrance than the closest
non-handicapped parking space.
(iii) Applicants must provide carpool parking spaces at a ratio of 1 carpool parking space for every
25 general purpose parking spaces provided, with a minimum of 2 spaces, to receive credit
for this action.
(b) Bus stop concrete pad – 1% reduction.
Applicant must build an ADA-accessible concrete pad at a location serviced by Green Mountain
Transit or an equivalent public transit service provider.
(i) The appropriate transit service provider must provide written approval of location and
structure design.
(ii) This TDM action is only available for those developments which are already eligible for the
Enhanced Transit Proximity Credit.
(c) Bus stop shelter – 2% reduction
Applicant must install a shelter designed for the exclusive use of public transit riders on an
existing or purpose-built ADA-accessible concrete pad at a location serviced by Green Mountain
Transit or an equivalent public transit service provider.
(i) The appropriate transit service provider must provide written approval of location and
structure design.
(ii) This TDM Action is only available for those developments which are already eligible for the
Enhanced Transit Proximity Credit.
(d) Multimodal wayfinding – 1% reduction
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The applicant must provide multimodal wayfinding signage that is comprehensive and
specifically tailored to convey information about the various transportation services and TDM-
related infrastructure in the vicinity. Multimodal Wayfinding Signage shall:
(i) Be placed in key locations inside and/or outside of the building (i.e. lobbies, etc.);
(ii) Be durable, weatherproof (if outside), and maintained;
(iii) Be prominently displayed in a manner that is easily viewable and understandable by users;
(iv) Be updated at least once every 5 years;
(v) Be provided in map form for the off-site facilities listed below, including standard map
features like a scale and directional compass;
(vi) Include, at a minimum, the transportation amenities listed below that are provided on-site
and within at least 1/2-mile of the project.
(vii) The signage for off-site amenities must be separate from the signage for on-site amenities.
(viii) On-site amenities that must be listed if present: carshare; childcare; bicycle parking; bicycle
amenities & repair services; showers, changing facilities, and/or lockers; shuttle buses
and/or/vanpool pick-up/ drop-off locations; any other site-specific TDM-related amenities.
(ix) Amenities within 1/2-mile of project that must be listed if present: local and regional transit
routes & stops for buses and rail; state or municipally-operated park and rides; bike routes
per Local Motion; car share spaces operated by certified car-share organizations.
(e) Park and ride spaces – 1% reduction per 5 spots, up to 20 spots
(i) Applicant must designate and clearly mark park and ride parking spaces.
(ii) Spaces must be available for public use as park and ride spaces for at least 18 consecutive
hours per day.
(iii) Park and ride spaces must be built and maintained to the same dimensional and performance
standards as the rest of the facility where they are located.
(4) Ongoing Actions.
(a) Purchase GMT ride credits for employees or residents - 1% reduction per 5 riders.
(i) Ride credit must have the equivalent value of at least 25 rides per month.
(ii) This action is only available for projects which are eligible for either of the Transit Proximity
Credits.
(iii) Small Developments are not eligible for this Action.
(b) Carsharing on-site – 8% reduction.
Applicant must partner with a regional car-sharing service to provide a convenient location for a
car sharing vehicle on-site.
(i) Applicant must demonstrate proof of a current and ongoing revenue support agreement with
a certified car-sharing service at the time of occupation to receive credit for this action.
(ii) This Action must be maintained for an initial period of no fewer than 3 consecutive years,
beginning on the date of occupation.
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(c) Chittenden Area Transportation Management Association (CATMA) trip reduction program(s) –
10% reduction.
(i) Applicants for Large Developments may join CATMA as a dues-paying member and establish
trip reduction program(s) that will achieve the equivalent of an 10% trip reduction.
(ii) Applicants seeking TDM credit via CATMA membership must designate a Transportation
Coordinator who will be the primary liaison between CATMA, the City, and users of the
building(s).
(ii) Applicants must also select and establish at least one program from the following list of
suggested program types:
- Parking cash-out option (employers), separate parking from rent (residents)
- Flextime to avoid typical commuter peaks or facilitate public transit use
- Ride matching, vanpool or shuttle program with guaranteed ride home option
- Family TDM amenities package
(iii) Before obtaining a Certificate of Occupancy for a project subject to a TMP that includes joining
CATMA, applicant must prepare a plan that is signed by the applicant and CATMA establishing
how the planned reduction of at least 10% will be met. Annually until the first required
reporting under Section K below, the applicant shall prepare a report detailing how the
selected programs were implemented, evaluating effectiveness, and enumerating planned
actions to meet the target if not met. Thereafter said report shall be provided on the schedule
of the Reporting under Section K below.
(iv) In the event that the report indicates an actual reduction of 5% or less, the Administrative
Officer may require annual reporting until the actual reductions reach at least 7.5%.
(v) If after a period of underperformance the trip reduction rate has not significantly increased,
CATMA staff may recommend that City staff enforce the TMP as per Section K.
(vi) CATMA staff may decline to partner with an applicant interested in this Action.
(5) Other Undefined Actions. If an applicant cannot reasonably meet their trip reduction target specified
in Table 13-2 using the TDM Actions listed in Section G, the applicant may propose alternative TDM
Actions. The expected trip reduction of any such Action shall be provided by a professional
transportation planner or engineer. The Development Review Board or Administrative Officer shall
determine the validity of the such Actions proposed by the applicant to achieve the trip reduction
targets.
H. Voluntary Additional TDM Reductions.
(1) Applicants are encouraged to seek additional TDM credit beyond the minimum requirements of this
section.
(a) The DRB or Administrative Officer shall grant trip reduction up to a maximum of 30% for
applicants using a combination of TDM Credits and Actions listed in Sections F & G.
(b) The DRB or Administrative officer may approve trip reduction beyond 30% for applicants using a
combination of TDM Credits and Actions listed in Sections F & G., provided that a licensed traffic
engineer provides evidence that the combination of selected Actions can practically achieve the
applicant’s stated trip reduction rate.
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I. Fee-in-lieu
(1) An applicant may choose to meet the requirements under this section by paying into a fund in lieu
of achieving their minimum requirements on-site. The payment will provide revenues to the City to
manage collective efforts to achieve TDM goals and objectives to provide transportation mobility
and achieve the goals in the comprehensive plan.
(2) The fee shall be assessed as $10,000 for each 1 vehicle trip reduction or 1% reduction in trips,
whichever is greater, payable prior to the issuance of the zoning permit.
J. Transportation Management Plans (TMPs).
(1) TMPs. A TMP shall be created to summarize and account for the TDM options selected by the
applicant for standard and large land development projects. Small projects are eligible for a TMP
waiver.
(a) TMPs shall be provided and approved as part of a site plan approval.
(b) A TMP shall include the following information:
(i) Land use description including the existing and proposed ITE Land Use Code(s), the existing
and proposed size of the development (gross floor area, number of household units, etc.).
(ii) Reference to Site Plan Review plan set pages, application, or other mapping that shows
multimodal infrastructure adjacent or close to the site including sidewalks, paths, bike lanes,
and current transit routes and stops.
(iii) Estimated PM peak hour vehicle trips from the site as estimated using the latest available ITE
Trip Generation rates, and prior permitted maximum trip generation, if applicable.
(iv) TDM Actions proposed for the site, including specific quantity, location, and availability, as
applicable.
(v) Copies of any agreements made with partnering organizations (i.e. CATMA, GMT, etc).
(2) Amendments to TMPS. A TMP may be amended by submitting a new TMP to the Planning & Zoning
office.
(a) Amendments to TMPs may be made voluntarily or in order to correct a non-compliant TMP.
(b) No amendment to a TMP shall reduce the amount of trip mitigation as long as the underlying
land use category for the development has not also changed prior to the proposed TMP
amendment.
K. Monitoring and Enforcement of TDM Plans.
(1) Compliance Summary. A TMP Compliance Summary includes short summaries of how the approved
TDM actions were installed and remain in fully functioning order or are continually being carried out.
(2) Standard and Large Developments. Standard and Large Developments required to submit a TMP
Compliance Summary to the City of South Burlington Department of Planning & Zoning on the
following schedule starting from the first July 1 after occupancy of the development.
(a) Standard Development: every 5 years
(b) Large developments: every 2 years
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(3) Filing. A TMP Compliance Summary may be filed by the developer, landowner, a homeowners
association (HOA), a Transportation Management Association (TMA), or other designated
management structure.
(4) Compliance. Failure to file a TMP and/or failure of demonstration of continued adherence to a TMP
shall be considered a violation of the Land Development Regulations. If a TMP Compliance Summary
is incomplete, is not filed, or is found to be inaccurate, the City may, in its discretion, enforce the
TMP.
(a) If a TMP and/or various TDM Actions are found to be ineffective in reducing the number of PM
Peak Hour trips by the minimum required, the DRB or Administrative Officer shall require the
applicant to submit an amended TMP detailing which TDM Actions and/or Credits they will use
to achieve the minimum required reductio n.
(b) Failure to abide by any agreement with partnering agencies shall be considered a failure to adhere
to a TMP and shall be enforced as such.
L. Vehicle Trip Reduction.
Vehicle trips mitigated through TDM Actions as per 13.01(G) will not be assessed for Traffic Impact Fees
under the City’s Impact Fee Ordinance. This shall not include the Fee-In-Lieu TDM Action beyond the
minimum TDM requirement for the project.
13.02 Off Street Parking and Loading
A. Purpose.
Parking areas and off-street loading, where provided, shall be designed in a manner that minimizes traffic
congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as to promote
other elements of sound community planning.
B. Determination of Parking Spaces.
(1) Minimum Parking Amounts. Except as specifically provided in Table 13-1, there shall be no minimum
number of parking spaces. See Article 8 (City Center Form Based Codes) for maximum allowable
parking by Transect Zone.
Table 13-1: Parking Requirements
Use Parking Space Requirement
Multi-Family Dwelling (studio or 1 bedroom units) 0.75 spaces per Dwelling Unit (DU)
Multi-Family Dwelling (2+ bedroom units) 1.0 spaces per DU
Note 1: When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole
number.
(2) Reduction. The DRB may approve fewer than required number of parking spaces established in Table
13-1 if it finds the applicant has demonstrated that fewer parking spaces are necessary to meet the
needs of the development.
C. Location of Off Street Parking, Loading, and Vehicle Entrances.
(1) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be constructed or
maintained except in conformance with all applicable standards of the City of South Burlington and
Vermont Agency of Transportation.
(2) The installation of acceleration and/or deceleration lanes on the adjacent public street may be
required if deemed necessary by the Development Review Board.
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(3) Driveways shall be located more than two hundred (200) feet from signalized street intersections
(measured between the near edges of the driveway and intersection), except upon recommendation
by the Director of Public Works based on site-specific circumstances Greater distances are
encouraged on streets with high traffic volumes.
D. Off-Site Parking.
The use of any off-site, separately-owned parking by another person or business for adjacent or nearby
use shall not require approval under these regulations. Minimum parking requirements for residential
uses may be met in off-site, separately-owned parking with consent of the parking site property owner.
In no event, however, shall off-site parking and loading space for any non-residential use be located in
any LSN, QCP, or NRP district.
E. Shared Parking On A Single Lot.
As a matter of public policy, the City of South Burlington finds that the coordination of off-street parking
between adjoining non-residential sites is desirable (1) to allow for traffic circulation between sites rather
than having all traffic entering and exiting the existing road system to proceed from site to site, (2) to
allow for improved pedestrian circulation, and (3) to reduce the overall amount of paved surface on a site.
This coordination can take various forms, from a simple paved connection to a more elaborate plan to
provide both a connection and shared parking arrangements.
F. Access Management Requirements.
It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on
public roadways by reducing the number of required driveways and by minimizing the number of vehicles
utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts.
All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial
uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent
commercial lot. If the adjacent property owner does not want to provide for that connection, the
applicant must provide an easement to do so in the future when circumstances may change. This
driveway connection or easement should be located where the vehicular and pedestrian circulation is
most feasible.
G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping.
(1) New parking spaces shall be nine (9) feet by eighteen (18) feet. The DRB or Administrative Officer
may allow a smaller size to accommodate physical obstacles of a building or site. The DRB or
Administrative Officer may allow and require a larger space only where ADA-compliant spaces are
required. Preexisting parking spaces may continue to exist and count toward minimum
requirements.
(2) Design requirements for off-street parking and loading are provided in Section 13.04, Landscaping,
Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be
striped or otherwise physically delimited.
(3) The location of parking areas and loading docks shall prevent conflicts with entering and exiting
traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance
between access points and parking areas shall be adequate to minimize blockage and prevent back-
ups onto the public street.
(4) Provision shall be made for access by police, fire and emergency vehicles.
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(5) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from
motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate
sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall
be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths.
(6) Bicycle Parking Or Storage Facility. See Section 13.03
(7) Stormwater management strategies that facilitate infiltration including but not limited to recessed
planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of
any off-street parking or loading area.
(8) Tandem parking shall be permitted for meeting minimum parking requirements for residential uses.
H. Handicapped Accessible Parking Spaces.
The size, number, type and location of parking spaces shall comply with the current ADA Accessibility
Guidelines.
I. Recreational Vehicles.
Recreational vehicles shall not be stored on any common open lands other than those specifically
approved for such purpose by the DRB through the review process.
J. Parking Reserved for Future Use.
In order to minimize the construction of unnecessary parking, the Administrative Officer or Development
Review Board may approve a site plan with parking reserved for construction at a future date. In such
granting such approval, the Administrative Officer or DRB shall specify a timeframe during which said
parking may be constructed without receipt of an additional site plan approval. In no case shall such time
frame exceed ten (10) years. Removal of parking reserve areas shall require site plan amendment.
K. Structured Parking.
Structured parking is encouraged. The parking structure may be stand-alone or may be part of or attached
to another structure. Such structures typically comprise parking decks, garages, or roof-top parking areas.
The Development Review Board may require design elements for parking structures that specifically
address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval.
L. Reserved Parking Spaces.
Reservation of non-residential parking spaces for single tenants or users is strongly discouraged. Reserved
parking, and associated signage, shall be permitted only under the following circumstances:
(1) To meet or exceed Federal ADA requirements
(2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop off,
seniors, expectant mothers)
(3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes
(4) To provide a minimal number of spaces for a small commercial business where other residential or
non-residential uses would otherwise dominate parking areas
(5) Where the Development Review Board finds that other demonstrated unique circumstances exist
that would require a limited number of reserved spaces. In such an instance, the Board shall permit
only the minimum number necessary to address the unique circumstances.
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M. Modifications of Requirements.
The Administrative Officer or Development Review Board may approve minor modifications to parking lot
dimensions as specified in Table 13-2 where the applicant can demonstrate necessity of modifications and
where safety of the motor vehicle and pedestrian circulation are retained.
Table 13-2: Parking Lot Dimensions
A W
Parking Angle
(Degrees)
Width of Aisle
(Feet)
0° 12’
20° 12’
25° 12’
30° 12’
35° 12’
40° 12’
45° 13’
50° 13’
55° 14’
60° 15’
65° 17’
70° 20’
75° 23’
80° 24’
85° 24’
90° 24’*
Note: The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet.
13.03 Bicycle Parking and Storage
A. Purpose.
These standards for short term parking and long term storage of bicycles are intended to recognize and
promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and
employees.
B. Short Term Bicycle Parking.
(1) Applicability. These standards apply to any application for development that requires site plan
approval under Section 14.03 of the LDRs, and all applications for development of parcels located in
the City Center Form Based Codes District.
(a) In order to facilitate a reasonable nexus between land development and bicycle parking
requirements, applications for development to which these standards apply on parcels with
existing development shall be permitted to phase in required short term bicycle parking as
follows:
(i) For the first application, the applicant shall propose and install at least 50% of the required
number of bicycle parking spaces.
(ii) Thereafter, any applications for development of the same parcel shall comply with all
standards for Short Term Bicycle Parking.
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(b) Where pre-approved bicycle racks exist on the site at the time of application, they may be
permitted to remain and count towards the minimum requirements of this Section provided:
(i) They are compliant with 13.03 B(2)(d)(i) and 13.03(B)(2)(d)(iv) of these regulations;
(ii) The bike frame can be attached in at least one place and the bike is supported to stay upright;
(iii) The rack is not constructed of wood;
(iv) Each space on a rack where a bicycle frame can be attached in at least one place and
supported to stay upright shall be considered a bicycle parking space;
(v) If parking is on the end or outside of a rack, the parking space must be clear of obstructions
in compliance with Appendix G and not obstruct passageways.
(2) Standards For Bicycle Parking Spaces (bps).
(a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-3.
(b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. The
rack may not be constructed of wood.
(c) If an applicant wishes to install something different, any bps shall meet the following
specifications:
(i) Allow secure locking of the frame and wheel;
(ii) Support a bicycle frame at two points of contact;
(iii) Meet the intent of the examples provided in Appendix G.
(d) Location & Serviceability. Each bps shall be:
(i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length
and a width sufficient to satisfy the remainder of these regulations;
(ii) Spaced to allow easy access to each bicycle
(iii) Spaced sufficiently away from obstructions, including walls, doors, posts, columns,
landscaping, and other racks, in accordance with Appendix G.
(iv) Easily accessible from the street or multi-use path and protected from motor vehicles;
(v) Visible to passers-by and well-lit to promote usage and enhance security; especially in
retrofitted areas, or where good visibility is not achievable, an applicant may be required to
install directional signage.
(vi) Located at or nearby principal entrances where reasonably practicable, unless doing so
compromises the other directives of this subsection, including visibility and accessibility.
(vii) Dedicated bicycle parking areas, identified with striping and protected using bollards or
islands, are strongly encouraged.
(e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all principal
entrances are served.
(f) For office building use, up to 50% of short term bicycle parking requirements may be met by
supplementing the (indoor) long term bicycle parking requirements with the required short term
bicycle parking spaces.
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C. Long Term Bicycle Storage.
(1) Applicability. These standards apply to:
(a) Construction of new mixed use or commercial buildings and any new residential building with
more than 3 dwelling units;
(b) Structural alterations involving the replacement, relocation, or removal of, or other similar
changes to, more than 50% of all load bearing walls shall require compliance with all standards
for long term bicycle storage.
(c) Building additions of more than 5,000 gross square feet in area.
(2) Standards.
(a) For Residential Buildings
(i) Secure Storage in bicycle locker, bicycle storage room or private enclosure outside of the
private residence that protects entire bicycle, including components and accessories against
theft and weather.
(ii) Garages which are private to each unit may count towards parking requirements.
(b) For Non-Residential Buildings
(i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire bicycle,
including components and accessories against theft and weather, allows secure locking of the
frame and wheel and supports a bicycle upright.
(ii) Where indicated in Table 13-4, clothes lockers shall be lockable with the following minimum
dimensions: 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as bicycle
storage;
(iii) Secure office space (private offices) may account for up to 50% of the required indoor parking
areas and lockers provided they are located on the ground floor of the building, accessible
and of sufficient size;
(iv) Shower and changing facilities dependent on the number of bicycles required to be stored
and as indicated on Table 13-3.
Table 13-3: Bicycle Parking Requirements
Type of Activity Short Term Bike Parking Long Term Bike Storage
Residential buildings with more
than 3 units
1 for every 10 units; minimum
41
1 for every unit
Warehousing & distribution,
Distribution and related storage,
lumber and contractor’s yard,
and light manufacturing
1 per 20k SF; minimum 2 2 per tenant
Retail, restaurant, office, and all
other non-residential uses
except Educational facility.
1 per 5k SF; minimum 4 50% of required short term bike
parking spaces.
Educational facility 1 space for each 20 students of
planned capacity.
For new buildings only, one
space for each 20 employees.
Note1: May request waiver from minimum per building for buildings with less than 6 units if Development Review Board
finds the need is adequately met for visitors.
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Table 13-4: Long Term Parking – Shower and Changing Room Facility Requirements
Number of protected long
term bicycle parking
spaces
Changing facility Unisex Showers Clothes Lockers
1-3 none none 1
4 - 9 12 12 3
For every 10 12 12 40% of LTB
parking
Note2: If unisex, units available to any gender; otherwise provide one per gender
13.04 Landscaping, Screening, and Street Trees
A. Purpose.
The City of South Burlington recognizes the importance of trees, vegetation, and well-planned green
spaces in bringing nature into the city and using these as a resource in promoting the health, safety, and
welfare of city residents through improved drainage, water supply recharge, flood control, air quality, sun
control, shade, and visual relief. Landscaping and screening shall be required for all uses subject to site
plan and planned unit development review. Street tree planting shall be required for all public streets in
a subdivision or planned unit development. In evaluating landscaping, screening, and street tree plan
requirements, the Development Review Board shall promote the retention of existing trees while
encouraging the use of recommended plant species. In making its decisions, the Development Review
Board may refer to the Vermont Tree Selection Guide, published by the Vermont Urban & Community
Forestry Program and/or the recommendation of the City Arborist.
B. Landscaping of Parking Areas.
Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas
subject to review by the Development Review Board, shall be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers, as approved by the Development Review Board.
Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent
parking area to reach stormwater collection, treatment and management infrastructure. The
Development Review Board shall consider the adequacy of the proposed landscaping to assure the
establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting
properties.
(1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs
and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow
storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the
public way and from adjacent uses and properties, and to provide shade and canopy for the parking
lot. In some situations it may be necessary both for surveillance purposes and for the perception of
safety to install the size and type of plants that leave visual access between the parking lot to the
public way or other pedestrian areas.
(2) In all parking areas containing either or both of (a) twenty-eight (28) or more contiguous parking
spaces, or (b) parking lots with more than a single circulation lane, at least ten percent (10%) of the
interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants.
Such requirement shall not apply to structured parking or below-ground parking.
(3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a
collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below.
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Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall
have a minimum square footage of sixty (60) square feet. Large islands are encouraged.
(4) Landscaping Requirements.
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall
be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall
be salt-tolerant.
(b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of
each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout
the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30)
feet apart.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured
on the tree stem, six (6) inches above the root ball.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should
be grouped or located in a manner that reinforces the design and layout of the parking lot and
the site.
(e) Within the City Center FBC District, landscaping required within this section shall not count
towards meeting minimum landscape budget requirements as detailed in Section 13.04(G).
Figure 13-2, Parking Area Landscaping
From Landscape Guide for Vermont Roadways & Transportation Facilities
(5) Planting islands.
(a) Curbed planting islands shall be designed and arranged to define major circulation aisles,
entrances and exits, provide vegetative focal points, provide shade and canopy, and break up
large expanses of asphalt pavement. All islands shall be planted with trees, shrubs, grasses and
ground covers. Plant materials judged to be inappropriate by the Development Review Board
will not be approved.
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(b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to facilitate
surface drainage and prevent vehicles from overlapping sidewalks and damaging the plants.
Sections of drop curb are permitted if their purpose is to allow stormwater runoff from the
adjacent parking area to reach stormwater collection and management infrastructure.
(c) Islands are strongly encouraged to be graded and planted to serve as collection and treatment
areas for stormwater management. It is recommended that sections of drop curb no greater
than five feet in length be installed to allow stormwater to flow off the paved parking lot and
onto the island for treatment. At the DRB’s discretion, curbless parking areas and planting islands
may be allowed where these are specifically designed for stormwater management. However,
ends and corners of such areas must be protected with curbing to prevent cars from driving over
or parking on planted areas.
(6) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed over
surface parking areas, the requirements of this section shall be modified as follows:
(a) The requirements for interior landscaping and planting islands shall not apply to any area
covered by solar panels or their support structures, and;
(b) The requirements for perimeter trees shall not apply where such trees would interfere with the
installation or function of the panels; instead, alternate means of providing screening and
reducing glare from parking area perimeters, including hedges, fencing, or art installations shall
be provided.
(7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion
and contaminated runoff into any adjacent or nearby surface waters.
Figure 13-3: Example of Acceptable Perimeter Area Landscaping
Illustration by Kathleen Ryan, ASLA
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Figure 13-4: Example of Acceptable Internal and Perimeter Landscaping
Illustration by Kathleen Ryan, ASLA
C. Screening or Buffering.
The Development Review Board will require landscaping, fencing, land shaping and/or screening along
property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should
be screened or buffered from each other, or b) a property’s appearance should be improved, which
property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or
c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a
parking or loading area is adjacent to or visible from a public street.
(1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of three (3) feet)
and opacity to effectively screen the parking or loading area year-round from adjacent public streets.
(2) Screening of a parking or loading shall be provided where headlights from vehicles on site may be
visible and project parallel to a public street.
(3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity to effectively
screen outdoor storage areas, refuse, recycling, and compost collection (excluding on-site
composting) areas.
(4) The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect
neighboring residential properties from the view of uses and parking areas on the site. The
landscaping shall be of such type, height, and spacing, as in the judgment of the Development Review
Board, will effectively screen the activities on the lot from the view of persons standing on adjoining
properties. The plan and specifications for such planting shall be filed with the approved plan for the
use of the lot
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(5) Modifications. Where the existing topography and/or landscaping provides adequate screening or
would render the normally required screening inadequate, the Development Review Board may
modify the planting and/or buffer requirements by, respectively, decreasing or increasing the
requirements.
(6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and such
landscaping plan shall be part of the application.
(7) Additional landscaping above and beyond the minimum landscape budget formula may be required
for the purpose of adding a buffer strip along I-89 to properly screen development from the highway.
D. Front Yards of Non-Residential and Multi-Family Uses.
In the case of non-residential and multi-family uses, the required front yard and/or the frontage along
designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably
landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and
promote stormwater infiltration are encouraged. The Development Review Board shall require the
applicant to meet the provisions of sections 13.04(F) and (G).
E. Site Restoration.
Grading or seeding shall be required to restore the condition of any portion of a site that is disturbed
during construction in compliance with Section 16.03 (Standards for Erosion Control during Construction).
F. Landscaping Plan.
Landscaping plans shall be prepared by a landscape architect, master gardener, nursery professional,
arborist, professional landscape designer, or other landscape professional. See Appendix E, Submission
Requirements.
G Landscaping Standards.
(1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping
Design Standards enacted by the City of South Burlington, subsequent to the effective date of these
regulations.
(2) Overall, there shall be a mix of large canopy tree species within each landscaping plan.
(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting
costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some
credit may be granted for existing trees or for site improvements other than tree planting as long as
the objectives of this section are not reduced. The costs below are cumulative; for example, a
landscaping budget shall be required to show a planned expenditure of three percent of the first
$250,000 in construction or improvement cost plus two percent of the next $250,000 in construction
or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget
shall be prepared by a landscape architect or professional landscape designer.
Table 13-4: Landscaping Value Requirements
Total Building Construction or
Building Improvement Cost
% of Total Construction/
Improvement Cost
$0 - $250,000 3%
Next $250,000 2%
Additional over $500,000 1%
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H. Enforcement, Penalties, and Appeals.
(1) Inspection. Prior to the expiration of the construction bond or other guarantee and prior to the
issuance of the certificate of occupancy, the Administrative Officer shall inspect all landscaping and
screening. They shall identify all trees, shrubs, and other plants that are not in a healthy and vigorous
condition or have been removed and provide a list of replacement requirements and a deadline for
re-planting to the project owner.
I. Landscape Maintenance.
Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the
property owner in a vigorous growing condition throughout the duration of the use. Plants not so
maintained shall be replaced with new plants at the beginning of the next immediately following growing
season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with trees of the
same genus of at least 2” caliper each. No permit shall be required for such replacements provided they
conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require
an amendment to the site plan.
13.05 Stormwater Management
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. Applicability.
(1) These regulations will apply to all 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 13.05.
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(3) Applications meeting the criteria set forth in section 13.05(B)(1), and not exempt under section
13.05(B)(2), shall meet the application requirements in Section 13.05(C) and the site design
requirements in section 13.05(D) 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 13.05(D).
All new impervious surface area must meet the site design requirements of section 13.05(D).
(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 13.05(D). All new impervious surface
area must meet the site design requirements of Section 13.05(D).
C. Application Requirements.
Applicants required to comply with Section 13.05 shall provide the following information in their
application:
(1) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices.
(2) Location, type, material, size, elevation data, and specifications for all existing and proposed
stormwater collection systems, culverts, and stormwater treatment practices.
(3) Soil types and/or hydrologic soil group, including the location and results of any soil borings,
infiltration testing, or soil compaction testing. Infiltration testing shall be completed using methods
identified in the VSMM (see section 4.3.3.2 in the 2017 VSMM, or as updated).
(4) A brief written description of the proposed stormwater treatment and management techniques.
Where Tier 1 practices are not proposed (see Section 13.05(C)(1)(a)), the applicant shall provide a
full justification and demonstrate why the use of these practices is not possible before proposing to
use Tier 2 or Tier 3 practices.
(5) A detailed maintenance plan for all proposed stormwater treatment practices.
(6) Modeling results that show the existing and post-development hydrographs for the WQv storm
event, the one-year, twenty-four hour rain event, and the twenty-five year, twenty-four hour storm
event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall
distribution). Any TR-55 based model shall be suitable for this purpose. The intent of the twenty-
five year storm event analysis is to ensure the proposed project does not overload an existing
downstream drainage structure(s) and result in damage to private or public infrastructure or
property. The analysis is also intended to ensure that stormwater infrastructure installed as a part
of a development can accommodate future upstream development.
(7) The applicant’s engineer must provide such information as the stormwater superintendent or
designee deems necessary to determine the adequacy of all drainage infrastructure.
D. Process.
(1) Applications for proposed development that solely include development related to stormwater
management (Section 13.05) may be reviewed via Administrative Site Plan Review (Section 14.04(B)).
(2) Applications involving an Environmental Restoration Project may be reviewed via Administrative Site
Plan Review (Section 14.04(B)).
E. Design Requirements – On-Site Treatment.
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Applicants shall meet the following standards for on-site treatment of stormwater:
(1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual
(VSMM) for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff and
shall be treated using Tier 1 practices as detailed in the VSMM.
(a) If it is not possible to treat the volume of stormwater runoff using a Tier 1 practice as specified
in Section 13.05(D)(1) due to one or more of the following constraints:
(i) Seasonally high or shallow groundwater,
(ii) Shallow bedrock,
(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 the VSMM, 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 treated on the lot using Tier 2 practices as described in the most recently
adopted version of the VSMM. A site with an existing Tier 3 practice is allowed to evaluate
retrofitting/expanding this practice to meet the requirements of Section 13.05(D)(2). Existing Tier
3 practices shall only be used to satisfy the requirements of Section 13.05(D)(1) in accordance with
the Water Quality Practice Selection Flowchart in the VSMM.
(2) The post-construction peak runoff rate for the one-year, twenty-four hour (rainfall amounts to be
determined using NOAA, Atlas 14 data and a type II rainfall distribution) 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.
(3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per
section 13.05(D)(1) and 13.05(D)(2) cannot be achieved for areas subject to these regulations per
Section 13.28(B) may utilize Site Balancing as defined in these Regulations.
(4) New drainage structures shall comply with the following standards:
(a) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour
(4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II
rainfall distribution);
(b) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(c) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
F. Design Requirements – Impacts to Municipal System.
Stormwater runoff from sites meeting the requirements of Section 13.05(D), or sites that are exempt from
Section 13.05(D), may discharge to the municipal stormwater system, or a stormwater system within a
proposed future municipal right-of-way, provided that the stormwater system has adequate capacity to
convey the twenty-five year storm event from the contributing drainage area. All applicants shall meet
the following standards if it is determined that their project may have impacts to municipal stormwater
system:
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(1) New drainage structures connected to the municipal stormwater system, or a stormwater system
within a proposed future municipal right-of-way, shall comply with the following standards:
(a) New drainage structures should be located within the street right-of-way
(b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour
(4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II
rainfall distribution);
(c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures
using booted connections.
(d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(e) House footing drains shall only be connected to drainage facilities located in the street right-of-
way when a suitable location to daylight the footing drain cannot be found.
(f) Footing drains must not be connected to road underdrain.
(g) Any footing drains connected to drainage facilities in the street right-of-way shall be provided
with a backflow preventer.
(h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
(2) Drainage Structures To Accommodate Upstream Development. Culverts, pipes, 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 rain event (rainfall
data to be determined using NOAA, Atlas 14 and a type II rainfall distribution).
(3) Responsibility for Downstream Drainage Structures. In instances where the Stormwater
Superintendent anticipates that additional runoff incident from a proposed development 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.
G. Intermittent Stream Alteration and Relocation Standard.
Alteration of Intermittent Streams. When a development incorporates Tier 1 or Tier 2 stormwater
treatment practices (as defined in the VSMM) to manage the stormwater that an intermittent stream is
conveying in pre-development conditions, the intermittent stream may be altered or relocated as part of
stormwater treatment, provided the stormwater management system meets all standards in this Section.
An alteration or relocation of an intermittent stream is exempt from the Vermont Stream Alteration Rule.
13.06 Airport Approach Cones
All applications for development within the Airport Approach Cones, as shown on the Overlay Districts
Map, involving new or expanded buildings or structures shall provide documentation that either a Notice
to the Federal Aviation Authority (FAA) is not required, or an application for a Determination of No Hazard
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has been submitted to the FAA. Where an application for Determination of No Hazard has been
submitted, no zoning permit for construction shall be issued without demonstration of receipt of an issued
Determination.
13.07 Exterior Lighting
A. General Requirements.
All exterior lighting for all uses in all districts except for one-family and two-family uses shall be of such a
type and location and shall have such shielding as will direct the light downward and will prevent the
source of light from being visible from any adjacent residential property or street. Light fixtures that are
generally acceptable are illustrated in Appendix D. “Source of light” shall be deemed to include any
transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for
uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged.
B. Specific Requirements for Parking Areas.
Light sources shall comply with the following:
(1) The number and spacing of required light pole standards in a parking area or lot shall be determined
based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting
level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered
evenly distributed if the light fixtures are placed at intervals that equal four times the mounting
height.
(2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming
a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All
light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a
nuisance, or having a negative impact on site users, adjacent properties, or the traveling public.
Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers
on adjacent streets.
(3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with
a decorative surface or finish.
(4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground
wiring.
(5) Poles in all other areas shall not exceed thirty (30) feet in height and shall utilize underground wiring.
(6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever
is less. Exterior lighting for parking garages and structures shall be mounted no higher that the roof
of the structure.
(7) Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be erected
along the outside of roadway and ramp curves or where vehicles must make sharp turns. Poles
should not be located where they might be susceptible to collision strikes. Poles located behind
longitudinal traffic barriers should be offset sufficiently to allow for barrier deflection under impact.
(8) Pole location in parking lots: Pole locations shall be coordinated with stall and aisle layouts. Where
practical, poles should be near the end of parking rows or around the perimeter of the lot. When
located at parking stall boundaries, light poles should be mounted on concrete pedestals. Where
raised medians or islands are used to separate adjacent stalls, light poles should be placed in these
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areas unless pedestrian traffic will be inconvenienced. Where light poles are placed between parking
rows in the interior of the lot, the poles should be located on the center line of double rows of parking
stalls and on the center line of two opposing stalls and should not be placed on the stall line between
cars where fender damage might occur.
C. Stadium Lighting in the Municipal District (MU).
Notwithstanding any other provisions of these Regulations, the DRB may approve as a conditional use the
installation of lighting structures not exceeding eighty feet (80’) in height that are used exclusively to
illuminate recreation fields in the Municipal District during the conduct of co-curricular competitions,
practices and events that are conducted, sponsored and supervised directly by the South Burlington
School District which involve participation by students enrolled in the South Burlington School District,
subject to the following conditions:
(1) A photometric plan prepared by an engineer or professional lighting designer shall be submitted
which indicates pole locations and light levels on the property, with maximum light levels, average
light levels, and light levels at all property boundaries clearly indicated.
(2) There shall be no light trespass from the stadium lighting onto any residentially zoned property.
(3) Lighting shall be designed and shielded so as to avoid “hot spots” or other concentrations of high
light levels.
(4) Cut sheets shall be submitted indicating fixture and bulb types, heights, lighting angles, pole
materials, shielding and other pertinent information sufficient for technical review by a qualified
lighting consultant.
(5) The DRB shall have the authority to seek an independent technical review by a qualified lighting
consultant of any such proposal.
(6) No stadium lighting may be illuminated after 11:00 PM.
D. Specific Requirements for Nighttime Illumination of Governmental Flags.
The City encourages those who fly the Flag of the United States to observe the custom prescribed in the
United States Flag Code of displaying the flag from sunrise to sunset. However, if governmental flags are
to be flown at night and are to be illuminated, the regulations in this Section apply.
(1) Application. An applicant for nighttime illumination shall submit to the Administrative Officer an
Application for Zoning Permit along with a Lighting Design Plan as described in (9) below.
(2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags shall not be flown
on a pole with an illuminated governmental flag. No more than three (3) governmental flags may be
flown on the same pole.
(3) Dimensional Requirements. A governmental flag to be illuminated may not exceed sixty (60) square
feet in size. Flagpoles may not exceed thirty-five (35) feet in height.
(4) Lighting Fixtures. A flag shall be illuminated by no more than two (2) fixtures per pole. There shall
be no more than two (2) fixtures per property used to illuminate flags, irrespective of the number of
flagpoles installed on a property. Only narrow beam spotlights with glare controls (such as but not
limited to louvers, grids, full hoods, or "barn door" baffles) may be used. The fifty percent (50%)
beam spread of the fixture(s) used shall correspond to the area of the flag(s) to be illuminated.
Fixtures may be mounted at grade, on the flagpole to be illuminated, or on stanchions no more than
twenty-four (24) inches above grade. Ground- or stanchion-mounted fixtures shall be located no
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more than fifteen (15) feet from the base of the flagpole. Wall-mounted fixtures located on adjacent
buildings are prohibited.
(5) Illumination Level. An application may be based, at the applicant's discretion, on either the
maximum total light level on the flag, measured in initial foot-candles and determined by the
geometric relationship of the flag to the proposed lighting fixture or fixtures; or the total lumen
power of each lamp used to illuminate the flag. Manufacturers' data for lamps and fixtures and the
Lighting Plan submitted by the applicant must provide sufficient information to make a
determination on one of the applicable criteria. Maximum total illumination levels shall not exceed
the following standards:
(a) Maximum light level on the flag on properties having a principal frontage on Williston Road,
Shelburne Road, or Dorset Street between Williston Road and Kennedy Drive, and properties in
the Commercial 1, Commercial 2, Municipal, Mixed Industrial Commercial, and Industrial Open
Space Districts with frontage on Interstate Highway 89 or Interstate Highway 189: one hundred
(100) initial foot-candles.
(b) Maximum light level on the flag, all other lots: fifty (50) initial foot-candles.
(c) Total initial lumen power of each lamp used to illuminate the flag on properties having a principal
frontage on Williston Road, Shelburne Road, or Dorset Street between Williston Road and
Kennedy Drive, and properties in the Commercial 1, Commercial 2, Municipal, Mixed Industrial
Commercial, and Industrial Open Space Districts with frontage on Interstate Highway 89 or
Interstate Highway 189: 36,000 initial lumens.
(d) Total initial lumen power of each lamp used to illuminate the flag, all other lots: 15,000 initial
lumens.
(6) Setbacks from Residential Properties. Any flagpole to be illuminated per the provisions of this
section shall be located a minimum of one hundred (100) feet from all property lines of any adjacent
parcel zoned Residential 1, Residential 2, Residential 4, Residential 7, Residential 12, Residential 7
with C- 1, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant District.
(7) Lamp Type. Lamps used shall be metal halide or another type having a Color Rendering Index (CRI)
over sixty-five (65).
(8) Glare Control. Fixtures shall be aimed directly at the flag(s) to be illuminated. No portion of the
lamp(s) or reflective surfaces on the fixture(s) shall be visible from a roadway or from adjoining
properties.
(9) Lighting Design Plan. An applicant shall submit a Lighting Design Plan with the following information:
(a) The location of property boundaries, nearby roadways, the flagpole to be illuminated, and the
lighting fixtures to be used.
(b) The proposed mounting type, location(s) and dimensions (ground, flagpole or stanchion).
(c) A statement of the illumination level measurement to be used (initial foot-candles at the flag or
lumen power of the lamps) and a diagram sufficient to determine lighting levels at the flag if
initial foot-candles are the measurement to be used to determine compliance.
(d) An illustration of the area that will be illuminated by the proposed fixtures.
(e) The manufacturer's specifications for the lighting fixture(s) to be used, including lamp type, beam
spread, Color Rendering Index, wattage, and glare controls.
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13.08 Outdoor Storage and Display
A. Outdoor Storage.
Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to
the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed
only in nonresidential districts and upon approval of the DRB in conjunction with a site plan,
conditional use and/or PUD application.
(2) The Development Review Board may require that outdoor storage areas in connection with
commercial or industrial uses be enclosed and/or screened where the storage area may comprise an
attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or
where the Board finds that said storage areas are in view of residentially-zoned parcels.
B. Outdoor Display.
Except for uses within buildings in full compliance with the requirements of the City Center FBC District
(i.e., not nonconforming), outdoor display of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed
only in nonresidential districts and upon approval of the DRB in conjunction with a site plan,
conditional use and/or PUD application that clearly indicates the location of any outdoor display
areas.
(2) Outdoor display of equipment is prohibited where such equipment is fitted with arms, lifts, buckets,
or other parts that can be elevated and where such parts are displayed in an elevated manner. This
does not include boats with masts, bridges, or canopies.
13.09 Solar Radiation
A. General Requirements.
The Development Review Board may regulate the height and setbacks of any structure, wall, fence, or
shrubbery on any lot so as to protect the access of any abutting properties to solar radiation. Access to
solar radiation shall be defined as full exposure to the sun along the entire south wall of a principal
structure with no obstructions between the base of the wall and a twenty-four degree (24o) angle above
horizontal.
13.10 Connections across a Lot
A. General Requirements.
If structures on two (2) adjacent lots are owned and occupied by a single corporate entity or occupied
(but not owned) by a single corporate entity or occupied by two (2) corporate entities between which
long term contractual relations have been established which call for frequent movement of goods or
people between the buildings, then the Development Review Board may approve construction of a
connection between the buildings, even though the connection violates normal setbacks required
elsewhere in these regulations, provided:
(1) The connection is no larger than fifteen (15) feet in width.
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(2) The connector shall be subject to site plan review, and the application shall be signed by all involved
property owners.
(3) Fire doors shall be installed at both ends of the connection.
(4) The connection in conjunction with other buildings and connections in the area will not obstruct
emergency access.
(5) The connection is designed to be architecturally integral to the design of both connected buildings.
(6) The connection shall be securely locked at both ends and exit signs removed or disabled if the
occupancy conditions set forth above are not met or if the owner(s) of the buildings determine that
the connection is not to be used.
(7) The connections shall be removed if the connector is not used and the occupancy requirements set
forth above are not met for twelve months.
(8) In the event of item (7) above, the Administrative Officer may grant six-month extensions if there is
a reasonable expectation that the connector will be placed back in service within that time period.
13.11 Fences
A. General Requirements.
In this section, fence and wall shall be interchangeable terms.
B. Specific Requirements.
All fences are subject to the following provisions:
(1) A fence shall be erected within the boundaries of the applicant’s property and shall be placed wholly
within but not on the property boundaries.
(2) A fence shall be erected so that its smooth or finished side faces an abutting property or roadway.
All fence posts shall be placed on the inside of the fence, except for a fence to contain livestock.
(3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian
traffic. If determined necessary by the Administrative Officer, the placement of fences near the
corner of a property at the intersection of two roads shall provide for a clear vision area defined as
a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant
from the intersection of the street right-of-way lines and measured along such lines.
(4) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer.
(5) A fence over eight (8) feet in height shall require approval by the Development Review Board as a
conditional use subject to the provisions of Article 14, Conditional Use Review.
(6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback
requirements for the zoning district, unless otherwise approved by the Development Review Board
as a conditional use subject to the provisions of Article 14, Conditional Use Review.
(7) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or cause
the blockage or damming of surface water.
(8) No fence shall be erected that may create a fire hazard or other dangerous condition or that may
result in obstruction to fire fighting.
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(9) Fences shall be maintained in a safe and substantial condition.
(10) No fence shall be located or constructed on a terrace or wall that will have an overall height of more
than that permitted, unless otherwise approved by the Development Review Board as a conditional
use subject to the provisions of Article 14, Conditional Use Review.
(11) In the QCP District and west of the railroad tracks running north-south to the west of Shelburne Road,
generally crossing Holmes Road and Bartlett Bay Road, a fence over four (4) feet in height shall
require a zoning permit from the Administrative Officer and shall be subject to the following
supplemental requirements:
(a) No such fence shall exceed six (6) feet in height; and,
(b) The fence shall have a maximum opacity of 50% on all sides.
(12) Chain link fencing is prohibited in all Southeast Quadrant subdistricts except:
(a) fencing for agricultural purposes, and
(b) fencing for recreational purposes, such as baseball diamonds, tennis courts, basketball courts,
dog parks, or similar activities. Any chain link fencing installed for these purposes shall be plastic
coated in either dark green or black.
(13) Notwithstanding any other provisions within these Regulations, applications under this Section 13.11
assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and
the City Center FBC District.
C. Prohibited Fences and Materials.
The following fences and fencing materials are specifically prohibited:
(1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically permitted.
(2) Pointed metal fences.
(3) Canvas and/or cloth fences, except when used to protect shrubs and vegetation.
(4) Poultry and/or turkey wire fences within minimum front, side and rear setbacks.
(5) Temporary fences, unless for snow control. Snow control fences shall be allowed from November 1
through to the following May 1.
(6) Expandable fences and collapsible fences, except during construction of a building.
(7) Chain link fences erected with the open loop at the top of the fence.
D. Exemptions.
All existing fences that do not conform to the provisions of these regulations may be continued as they
presently exist, except that these fences shall not be altered, extended, replaced or modified except in
accordance with these regulations.
13.12 Utility Cabinets and Similar Structures
A. General Requirements.
In any district, the Development Review Board may grant site plan approval for the construction of a utility
cabinet or similar structure according to the following regulations.
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B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately adjacent communities.
(2) The minimum required lot for a public utility cabinet, substation, or communication relay station on
its own parcel may be reduced from the zoning district requirements, at the discretion of the
Development Review Board. In the event that the facility shall be erected on property not owned by
the utility, the Development Review Board shall require that the facility be located unobtrusively.
(3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission
granting access to the utility or owner of the facility.
(4) There shall be sufficient landscaping or fencing of sufficient height and opacity to screen effectively
the facility year-round from streets and abutting unaffiliated properties.
(5) The location of the facility shall be shown on all relevant site plans.
(6) Utility cabinets and similar structures shall be located a minimum of five (5) feet from all existing or
planned public roads or rights-of-way.
13.13 Signs
A. General Requirements.
No signs shall be erected or maintained except in conformance with the Sign Ordinance of the City of
South Burlington.
13.14 Subsurface Sewage Disposal Systems.
A. General Requirements.
No building or structure shall be erected or altered unless an adequate sewage disposal system is provided
in compliance with all applicable regulations of the City of South Burlington Sewer Ordinance and the
Vermont Agency of Natural Resources.
13.15 Satellite Dishes
A. General Requirements.
Satellite dishes over three (3) feet in diameter shall not be located within the area between the street line
and the building (the front yard). Satellite dishes shall be suitably screened or landscaped. Satellite dishes
shall not be placed in the side or rear setbacks.
13.16 Retaining Walls
A. General Requirements.
In this section, a retaining wall shall be distinct from a fence or wall.
B. Specific Requirements.
All retaining walls shall be subject to the following requirements:
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(1) All retaining walls shall require a zoning permit from the Administrative Officer.
(2) A retaining wall shall be erected within the boundaries of the applicant’s property.
(3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular or
pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining
walls near the corner of a property at the intersection of two roads shall provide for a clear vision
area defined as a triangular area formed by the street right-of-way lines at points which are thirty
(30) feet distant from the intersection of the street right-of-way lines and measured along such lines.
(4) A retaining wall over eight (8) feet in height or proposed to be located within five (5) feet of a
property boundary shall require approval by the Development Review Board as a conditional use
subject to the provisions of Article 14, Conditional Use Review, and shall include a demonstration by
a certified engineer that the retaining wall is structurally sound to serve its intended purpose.
(5) Retaining walls shall be maintained in a safe and substantial condition.
13.17 Residential Design for New Homes
A. Purpose.
It is the purpose of this Section to promote pedestrian-oriented, energy efficient design of buildings that
are not otherwise subject to site plan or supplemental design review under these Regulations. It is further
the purpose of this Section to discourage repetitive design within and amongst neighborhoods.
B. Applicability.
This section applies to all new residential or predominantly-residential buildings except:
(1) Buildings approved as part of an existing, unexpired subdivision or Planned Unit Development
approval, or for which a complete application has been submitted prior to the effective date of these
Regulations;
(2) Buildings receiving approval as permitted Building Type in conjunction with an application for a
Planned Unit Development employing Building Types;
(3) Buildings on lots that exceed one (1) acre in size; and,
(4) Buildings with the City Center Form Based Code District.
C. Standards.
(1) Building Orientation. Residential buildings must be oriented to the street, to an approved civic
space, or to a courtyard. Primary entries for single family and multi-family buildings must face the
street, civic space, or courtyard. Secondary building entries may open onto garages and/or parking
areas. Buildings should be oriented to maximize living space and windows to the south, east and
west. Residential buildings should orient their rooflines to maximize solar gain potential, to the
extent possible within the context of the overall standards of the regulations.
(2) Building Façades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-
private space and are oriented to the street are encouraged. Residential buildings with rear facades
that orient towards a public recreation path should employ rear porches, balconies, or other features
to enhance their architectural detail.
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(3) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line,
the face of the garage that includes the vehicle entrance must be set back a minimum of eight feet
(8’) behind the front façade of a single or two-family dwelling. For buildings containing three or more
dwelling units, the requirements of Section 14.06A shall apply.
(a) The DRB or Administrative Officer may waive this provision for garages with vehicle entries facing
a side lot line, provided that (i) the garage is visually integrated into the single or two-family
dwelling; and (ii) the face of the garage that is oriented to the street is no more than eight feet
(8’) in front of the front façade of the house.
(b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses.
(4) Garages as Percentage of Front Façade. Front-facing garages that are part of a principal building
shall not exceed 40% of the linear width of the building’s front façade. For buildings containing three
or more dwelling units, the requirements of Section 14.06(A) shall apply.
(a) For lots with frontage on Lake Champlain that are less than 100’ in width at the front setback
line, the non-garage portion of the principal building must be at least ten (10) feet in width at
the front building line and the entry facing the street must be prominent.
Figure 13-5: Residential Garage Placement Options
13.18 Transportation Standard and Congestion Policy
A. Purpose.
It is the purpose of the Transportation Standard and Congestion Policy to provide a performance-based
approach to traffic and access management associated with development and re-development of
properties in high traffic areas of the City. The Transportation Standard and Congestion Policy provides a
mechanism to support locally specific mobility and access objectives and provides the means to achieve
the Transportation and Land Use goals of the City Plan through site plan design, a local congestion policy,
and transportation demand management.
B. Applicability.
The Transportation Standard and Congestion Policy shall apply to all projects forecast to generate 75 or
more trips (all modes) during the Peak Hour between 4 and 6 PM onto the City' roadway network.
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C. Authority:
The Development Review Board and Zoning Administrator, as applicable, shall have the authority to apply
all necessary conditions to implement this section.
D. Establishment of Tiered Corridors.
The following traffic corridors are established based on their traffic volume and surrounding land use:
(1) Tier 1. Tier 1 Corridors include all intersections and segments of) Williston Road (US Route 2),
Shelburne Road (US Route 7), Dorset Street north of Kennedy Drive, and the City’s Neighborhood
Development Area. Tier 1 Corridors are characterized by their dense, urban land use, pedestrian,
bike, and transit-oriented streetscapes, and high volume of multimodal traffic.
(2) Tier 2. Tier 2 Corridors include all other public roadways.
E. Traffic Impact Study
(1) Operational Assessment. An operational assessment of the land use development’s impact shall be
performed for any project forecast to generate 75 or more trips (all modes) during the AM and/or
PM hour. The study area will include, at the minimum, each intersection that would experience more
than 75 trips (all modes) during the PM peak hour. The City (Departments and boards) shall authorize
additional study intersections if other factors, such as safety, warrant investigation. This study may
follow the application of TDM actions required or permitted under this section.
(2) Guidelines. The most recent version of the Vermont Agency of Transportation Traffic Impact Study
Guidelines and Level of Service (LOS) Policy shall be followed unless expressly defined herein. Hourly
and Daily trip generation estimates of the proposed development (existing land uses and future land
uses) using the current ITE Trip Generation manual or other equivalent source of data, as
appropriate.
(3) Congestion Tolerance Standards. The applicant shall demonstrate that the proposed development
does not exceed the Level of Service (LOS) or Volume over Capacity (V/C) thresholds established in
Table 13-3.
Table 13-3: Congestion tolerance limits
Tier 1 Tier 2 Note:
Signalized
Intersection
LOS E LOS D If intersection exceeds threshold at the
time of application through existing
conditions, development shall not result in
an increase of greater than 10% in average
delay time
Unsignalized
Intersection
V/C = 0.90 V/C = 0.85 If intersection exceeds threshold at the
time of application through existing
conditions, development shall not result in
an increase of more than 0.03 in V/C and
shall not exceed a total of 1.0.
Roundabouts V/C = 0.90 V/C = 0.85 If intersection exceeds threshold at the
time of application through existing
conditions, development shall not result in
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an increase of more than 0.03 in V/C and
shall not exceed a total of 1.0.
F. Mitigation Actions and Priorities
(1) Site Specific Improvements. Site specific impacts include those at the access points to the land use
development that facilitate safe and efficient egress and ingress such as turn lanes and intersections.
The applicant shall demonstrate safe and efficient mobility for the users of the site. The Development
Review Board and the Administrative Officer shall have the authority to require site specific
improvements to minimize impact on the adjacent public transportation system.
(2) Mitigation Priorities. The applicant shall employ mitigation actions to meet congestion tolerance
limits in the following order of priority:
Priority 1: Evaluate whether additional changes to the site plan layout and land use mix to promote
greater internal capture.
Priority 2: Evaluate whether additional site specific TDM actions would reduce the impact of the
proposed project.
Priority 3: Implementation of operational improvements within existing roadway geometry.
Priority 4: Construct facilities identified in the city’s CIP and/or Official Map.
Priority 5: If Priorities 1-4 fail to achieve sufficient mitigation, the applicant may design and construct
additional road capacity with the approval of the Board and the Administrative Officers.
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14 SITE PLAN AND CONDITIONAL USE REVIEW
14.01 General Purpose
14.02 Definition of Site Plan
14.03 Uses and Actions Subject to Site Plan Review
14.04 Authority for Review of Site Plans
14.05 Application Review Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 [Reserved]
14.09 [Reserved]
14.10 Conditional Use Review: General Provisions and Standards
14.11 Site Plan and 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 to advance high-quality built
environments in the City. Site plan and conditional use standards are intended to ensure safe, accessible,
and ecologically and environmentally sound site design and layout, efficient use of land, safe access and
egress for all users, energy efficiency, and context-sensitive design.
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 complementation
of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to
conform to the planned character of the neighborhood and the balance of goals of the City Plan.
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 Review
A. Site Plan Approval Required.
Site plan approval shall be required prior to issuance of a zoning permit in all districts, except as provided
in subsection B, for:
(1) Outside of the City Center FBC District:
(a) Any new use, change in use, or expansion of use in any district.
(b) Uses subject to conditional use permit approval. See Section 14.10 below.
(c) Any alteration or change to an approved site plan.
(d) New parking lots or expansions of existing parking lots.
(e) Any structure formerly used as a residence proposed for conversion to non-residential use.
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(f) Any planned unit development. See Article 15, Planned Unit Development, for specific
regulations.
(g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington Sign
Ordinance.
(2) Within the City Center FBC District:
(a) Any alteration or change to an approved site plan.
(b) Any new structure, or addition to, replacement of, or reduction to a structure.
(c) New parking lots or expansions to existing parking lots
(d) Any change in use from a non-residential to a residential use or vice-versa.
(e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance.
B. Excluded from Site Plan Review.
Specifically exempted 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) Small multi-family dwelling (3 or 4 units in a single building) on a single lot, its accessory structures,
and related features such as decks, pools, sheds, and detached garages.
(4) Agricultural, horticultural, and silvicultural uses exempt from local review pursuant to 24 VSA 4413.
(5) Minor alterations to a site, such as the addition or bicycle racks or pads, electric vehicle charging
stations, mailboxes, not exceeding forty (40) square feet in area each, provided that the applicant
provide a mark-up to the Administrative Officer at the time of Zoning Permit application and such
alterations do not interfere with access, safety, or circulation on the site. All such alterations must
be indicated on the any subsequent applications that involve an amendment to the Site Plan.
(6) Renovations that are one hundred percent (100%) internal to an existing building or structure.
(7) 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 where architectural standards apply.
(8) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks, except where the
cumulative disturbance exceeds the thresholds established in Section 13.05 (stormwater
management) are exceeded.
(9) Repairs to existing swimming pools.
(10) Fences and walls as provided in these Land Development Regulations.
(11) 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 Authority for Review of Site Plans
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A. Authority, Development Review Board (DRB).
The DRB has the authority under these Regulations and 24 V.S.A. § 4414 and § 4416 to:
(1) Review and approve, approve with modifications or conditions, or disapprove an application for a
site plan under the standards of these Regulations.
(2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4464, and
Section 17.08 of these Regulations as required prior to the recording of a subdivision plat.
B. [Reserved]
C. Modification or Waiver
(1) The DRB may modify or waive an improvement or dimensional standard required under this article,
subject to conditions, in specific circumstances.
(a) The DRB must find the standard proposed to be modified cannot be fully met due to:
(i) physical site limitations (including Hazard or Level I Resources) on the property,
(ii) other legal or development constraints specific to the land to be subdivided,
(iii) a lack of existing or planned connecting facilities or services adjacent to or in proximity to the
site, or
(iv) existing or planned Development Context in the Planning Area
(b) The DRB must find:
(i) The improvement or requirement is not necessary to ensure public health, safety, and general
welfare;
(ii) The modification or waiver as proposed is the minimum necessary to afford relief and
represents the least deviation from the standards and requirements of these Regulations; and
(iii) The modification or waiver, if granted, will not have the effect of nullifying the intent and
purpose of these Regulations, the City Plan, or other municipal bylaws and ordinances in
effect.
(2) Waiver shall only be granted by the DRB if the only modification that meets the criteria above is to not
apply the standard at any level or in any form.
(3) Limitations. In granting a modification, in no case shall the DRB permit:
(a) the location of a new structure less than five (5) feet from any property boundary;
(b) Exceeding applicable lot coverage and/or building coverage maximums allowed within each
zoning district except as authorized via use of Transferrable Development Rights in the case of
new development;
(c) increasing the coverage on sites where the pre-existing condition exceeds the applicable limit;
(d) an increase in residential density above the allowed maximum in the applicable zoning district,
outside of review as Planned Unit Development (Article 15C), Inclusionary Zoning (Article 18) or
via a Transfer of Development Rights (Article 19); or
(e) the location of parking not in compliance with Section 14.06 (A)(2).
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(f) heights above maximums permitted through use of TDRs and/or Inclusionary Zoning under
Articles 18 and 19, and noted in Appendix C.
(4) All requests for modification must be submitted in conjunction with the application for site plan. The
DRB, in granting a modification under this section, may impose conditions that in its judgment are
necessary and appropriate to meet the objectives or to mitigate the adverse impacts of any modified
or waived requirement.
(5) Context shall be determined by the existing or planned Development Context in the Planning Area.
For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or
parcel to be developed, as measured from the lot line of the existing parcel.
D. Authority, Administrative Review.
The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to
Review and approve, approve with modifications or conditions, or disapprove an application for a site
plan under the standards of these Regulations.
(1) All areas except within the City Center Form Based Code District. All determinations of eligibility
for administrative review are subject to the discretion of the Director of Planning and Zoning. The
Administrative Officer shall not approve administrative amendments to master plans, subdivisions,
or variances. The Administrative Officer may review, approve, approve with conditions, or
disapprove administrative amendments to site plans involving a principal permitted use, site plans
involving an approved conditional use, site plans of planned unit developments, site plans for land
development related to stormwater management regulated in Section 13.05, site plans for specific
types of land development on a as regulated in the Environmental Protection Standards (Article 12),
site plans for land development related to the development of an Environmental Restoration Project,
if the proposed amendment meets one or more of the following criteria:
(a) 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.
(b) 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 (d) below.
(c) 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.
(d) 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.
(e) An increase in building area and/or impervious coverage totaling less than five thousand (5,000)
square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants
are advised that the cumulative total increase in building area and/or site coverage cumulatively
permitted through all administrative amendments on any one lot shall not exceed five thousand
(5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller.
Development Review Board approval shall be required for any amendment exceeding these
limits.
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(f) All coverage and other limitations pursuant to these regulations shall apply in determining
whether an administrative amendment shall be approved.
(g) Applications submitted pursuant to Section 3.06(J) of these Regulations.
(h) 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.
(2) Within City Center Form Based Code District. The Administrative Officer shall review all applications
except:
(a) Applications for Subdivision or modifications to subdivisions (except Minor Subdivisions and
Minor Lot Line Adjustments);
(b) Applications involving new proposed public rights-of-way, parks, or other land proposed to be
deeded to the City of South Burlington;
(c) Requests for development within any of the water or wetlands resources identified within Article
12 of these Regulations that have been referred to the Development Review Board by the
Administrative Officer under Section 12.01D(3);
(d) Applications for development within Areas of Special Flood Hazard; or
(e) Where specifically stated in these Regulations
E. 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.
14.05 Application Review Procedure
A. Pre-Submission Meeting.
Prior to a formal submission, the applicant should meet in person with the Administrative Officer and
other City officials as desired to discuss the proposed site plan. The intent of such a conference is to
enable the applicant to inform the Department of Planning and Zoning of the proposal prior to the
preparation of a detailed site plan and for said Department to review the basic site design concept, advise
the applicant as to potential problems and concerns, and to determine generally the type of information
to be shown on and submitted with the site plan.
B. Submission.
A site plan generally shall be prepared by a registered architect, licensed landscape architect, licensed
land surveyor, licensed engineer, or professional land planner. The site plan shall be submitted to the
Administrative Officer.
C. Combined Review & Decisions.
(1) Integration of Procedures. Except within the City Center Form Based Code District, there may be
applications where the particular circumstances of a proposed development require compliance with
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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.
(2) 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.
(3) Combined Administrative Review and Zoning Permit. Where a decision issued by the
Administrative Officer contains no conditions requiring modifications to plans or supplemental
submissions, the Administrative Officer may issue any required zoning permit concurrently with the
decision.
D. Application for Site Plan.
See Appendix E, Submission Requirements.
E. Development Review Board / Administrative Officer Action.
(1) Outside of the City Center FBC District:
The Development Review Board or Administrative Officer shall review the site plan application, pursuant
to Section 14.04. 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 disapprove the site
plan. However, if it further determines that with a minor modification or modifications the site plan and
supporting material would comply with applicable standards, the DRB may, in its discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(2) Within the City Center FBC District:
(a) The Administrative Officer or Development Review Board shall review the site plan application,
pursuant to Section 14.04.
(b) For all applications, except those which meet one or more of the criteria listed in Section
14.09(B)(1-9), an application shall be deemed complete only after all the following actions have
been completed by the applicant:
(i) Participation in a pre-application meeting with staff of the Department of Planning & Zoning;
(ii) Submission of all required information (see Appendix E);
(iii) Demonstration of proof that applicant delivered to each of the adjoining landowners notice
of the application in accordance with Section 17.06 of these Regulations, and, at a minimum
the following information:
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(I) A project description and contact information provided by the Administrative Officer;
(II) A site plan for the property on a paper size no less than 11” x 17”, and;
(III) Invitation to an applicant-sponsored informational and input meeting;
(iv) Posting of a notice of the proposed project on a form with project description provided by the
Administrative Officer within view from the public right-of-way most nearly adjacent to the
property for which the application is made;
(v) Demonstration of proof that the applicant held an applicant-sponsored information and
feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The
purpose of this meeting is to give residents the opportunity to provide input and feedback to
the applicant. Applicants are encouraged to make modifications to the application based on
this feedback, so long as such modifications comply with these Regulations. Such meeting
shall consist, at a minimum, of:
(I) Notice of said meeting no less than seven (7) days in advance to all parties required within
this section;
(II) Said meeting shall be held in an ADA-accessible public building in the City of South
Burlington;
(III) Said meeting shall be held at a time that is convenient to the public ( a weekday evening
or Saturday), and;
(IV) Said meeting shall include an overview of the project by the applicant, an opportunity for
all members of the public in attendance to offer oral input, and acceptance of any written
input;
(vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification of
the application to adjoining landowners as described in this section; and
(vii) Issuance of a written statement from the Department of Public Works and Fire Department
regarding compliance with these regulations.
(c) The applicant may make revisions to an application following initial submittal.
(i) Where the Administrative Officer determines that the revisions do not alter the overall
description of the project, or that the revisions reduce the scale of the project, no new
notification and no new applicant-sponsored information and input meeting shall be
required. However, pursuant to 24 VSA §4448, the Administrative Officer shall have 30 days
from the date that the applicant submits all revisions to the application to act with regard to
the application.
(ii) Where the Administrative Officer determines that the changes do alter the overall description
of the project, all requirements of this section 14.05(E)(2) shall be met anew.
(d) The Administrative Officer shall review the application against the site plan criteria in this Article
14, site plan, and the applicable BES in Article 8 and any other applicable standards in these
Regulations, except as stated within this Article or within Article 8, City Center Form Based Code
District.
(e) Where tasks, actions and responsibilities are assigned to the Development Review Board, such
tasks, actions, authorities, and responsibilities shall be administered by the Administrative
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Officer unless specifically assigned to the Development Review Board within the City Center FBC
District.
(f) If the Administrative Officer determines that the site plan and supporting material fail to
demonstrate compliance with applicable standards, she/he shall disapprove the site plan.
However, if she/he further determines that one or more minor modifications would bring the
site plan and supporting material into compliance with applicable standards, the Administrative
Officer may, in her/his discretion, impose a condition or conditions requiring such modification
or modifications and approve the site plan. For the purpose of this section, a minor modification
is one that leaves no part of its implementation to the discretion of the applicant.
(g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals
process for Administrative Officer actions in these Regulations and applicable State law.
(3) Upon approval, the applicant shall provide the approved plan in digital form 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.
F. Waiver of Application Requirements.
The Development Review Board shall have the authority to, when reasonable, waive any application
requirements for site plan approval. Any such waiver may be exercised in the event any such
requirements are 1) found not to be requisite in the interest of public health, safety, or general welfare
or 2) inappropriate to a particular site plan because of the particular character or limited nature of a new
development or change in use or conditions peculiar to a site or 3) will cause extraordinary and
unnecessary hardship.
G. Expiration of Approval.
See Section 17.04.
H. Field Changes and As-Built Plans.
(1) Field Changes.
(a) During construction, the Administrative Officer may authorize or require, in writing, at his/her
own determination or upon the request of the applicant, minor adjustments to a site plan which
does not affect the substance of the site plan approval. Such minor adjustments shall be
consistent with the intent of the approved site plan. All determinations of eligibility for field
changes are subject to the discretion of the Administrative Officer.
(b) Where conditions are encountered which constitute a material change to an approved site plan
or where the developer otherwise wishes to modify the approved site plan, an amendment to
the approval shall be filed with the Development Review Board or Administrative Officer for
review in accordance with procedures required for such applications.
(2) As-Built Plans.
(a) Upon completion of any development or redevelopment pursuant to an approved final site plan
involving field changes as set forth in (1) above, and prior to the issuance of a certificate of
occupancy by the Administrative Officer, the applicant shall submit to the Administrative Officer
as-built plans in paper and digital form, prepared and certified by a licensed engineer, architect,
landscape architect or surveyor, showing the location of all site improvements as constructed.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in
compliance with the approved site plan, including any field changes authorized under subsection
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1(a) above. The Administrative Officer shall indicate compliance with the Land Development
Regulations by signature, and shall file with the Department of Planning and Zoning.
I. Technical or Consultant Review of Site Plans.
See Section 17.08, Development Review Board.
J. Bonding Requirements.
The owner or developer shall provide a performance bond, escrow account, or letter of credit in
accordance with Section 17.15 of these Regulations.
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall
be used by the Development Review Board in reviewing applications for site plan approval. They are
intended to provide a framework within which the designer of the site development is free to exercise
creativity, invention, and innovation while improving the visual appearance of the City of South
Burlington. The Development Review Board shall not specify or favor any particular architectural style or
design or assist in the design of any of the buildings submitted for approval. The Development Review
Board shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the
following subsections, the applicant shall retain full responsibility for design.
A. Relationship of Proposed 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. The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and,
where a prevalent pattern exists, shall continue the manner in which the site’s existing building
foundations relate to the site’s topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing,
planned or approved development, and proposed development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the
area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within
the context of the overall standards of these regulations.
(2) 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.
(3) 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.
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(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for
parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and
the public street so that a significant greenspace surrounded by buildings may be
incorporated similar to a college campus style “quad”, as detailed below.
(II) The parking on any lots that include a part of the greenspace shall be aligned in a similar
fashion so that the buildings are located between the greenspace and the parking and so
that the parking is located between the buildings and the public street to maintain the
integrity and continuity of the greenspace.
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.07(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.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space Zoning
Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed
in a manner to avoid conflicts between visitors / employees and the inherent operations of
the use(s) on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the general
requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
3. Manufacturing
4. Processing and Storage
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5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
2. Parking shall be predominantly screened from the roadway with landscaping features,
and separated from the roadway’s sidewalks or multi-use paths by one or more of the
following Qualifying Open Spaces (as defined in Article 11.B, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this
Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience
on the adjacent public sidewalk or recreation path, (2) largely screen parking from the
street right-of-way, and (3) provide for additional usable open space on the parcel. The
open space shall represent a minimum of 35% of the total square footage of the parking
spaces (not including circulation infrastructure) proposed to be located in front of the
building.
3. The minimum required landscaping budget established by the Development Review
Board pursuant to Section 13.04 shall increase by a percentage that is equivalent to the
percentage of the total parking that is proposed to be located between a public street
and the building(s) on a lot. Of this total increased landscaping budget, the percentage
that must be dedicated to installation of landscaping in the front yard shall be
equivalent to the percentage of the total parking that is proposed to be located
between a public street and the building(s) (e.g., if the minimum required landscaping
budget before any increase was $100,000, and if 10% of the total parking for the lot is
proposed to be located between a public street and the building(s), then the minimum
required landscaping budget shall increase by 10%, for a new total landscaping budget
of $110,000, and no less than 10% of the new total landscaping budget, or $11,000,
must be dedicated to installation of landscaping in the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to the
building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access from
the street to the building’s main entrance.
(viii) The building, or a portion thereof, being served by the parking area is contained within
the Security Identification Display Area of a publicly-owned and operated airport.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any
street frontage. This may be calculated separately or cumulatively for corner lots. Parking
approved pursuant to 14.07(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.
B. Relationship of Structures and Site to Adjoining Area.
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(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
screens and visual interruptions to create attractive transitions between buildings of different
architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined
by the planned or existing street grid, block configurations, position and orientation of principal
buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features that define
neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back
yard areas through context sensitive design.
(4) Pedestrian Connection. Pedestrian access must include direct (shortest linear distance) pedestrian
sidewalk or path connections from local streets to the main entrances of principal buildings, civic
spaces, recreation paths, shared parking areas, and existing or planned transit stops or facilities.
C. Site Amenity Requirement.
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section
does not apply to projects within the City Center FBC District (which are governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to residential
use.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if the
Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is
accessible by the general public and located within five-hundred (500) feet of at least one pedestrian
access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable
connection” shall not include or require crossing a four-lane road.
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(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some but
not all the buildings on the lot have pedestrian access points located within five-hundred (500)
feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Environmental Protection Standards
All proposed development shall be subject to the applicable requirements of Article 12, Environmental
Protection Standards.
B. Site Design Features.
All proposed development shall comply with standards for the placement of buildings, parking and loading
areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards
related to site design pursuant to these Land Development Regulations.
C. Access and Circulation.
All proposed development shall comply with site access and circulation standards of Section 15.A.14.
D. Transportation Demand Management
Transportation Demand Management analysis is required for all site plans. See Section 13.01.
E. Building Form.
Development within the City Center Form Based Code District, the Urban Design Overlay District, and
other districts with supplemental building form standards shall adhere to the standards contained therein.
F. Streetscape Improvements.
A proposed new construction or extension/expansion of an existing structure exceeding the thresholds
listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or
Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts,
and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street
Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements
for additional upgrades as necessary to meet the requirements of these Regulations.
G. 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.
H. Utility Services.
Electric, telephone and other wire-served utility lines and service connections shall be underground
insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above
ground shall be located so as to have a harmonious relation to neighboring properties and to the site.
Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
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I. 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 (i.e., non-dumpster, non-large drum) shall not be required to be fenced or
screened.
14.08 [Reserved]
14.09 [Reserved]
14.10 Conditional Use Review: General Provisions and Standards
A. City Plan.
These regulations hereby implement the relevant provisions of the City of South Burlington adopted City
Plan and are in accord with the policies set forth therein.
B. Definition of Conditional Use.
A conditional use shall be defined as a use permitted in a particular zoning district upon showing that such
use in a specified location will comply with all the general and specific standards for the location or
operation of the use as specified in these regulations and as authorized by the Development Review
Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In granting approval
for a conditional use, the Development Review Board may attach such additional, reasonable conditions
and safeguards as it may deem necessary to implement the purposes of these regulations.
C. Uses and Actions Subject to Conditional Use Review.
Conditional use permit approval shall be required prior to issuance of a zoning permit in all districts where
such uses are listed as conditional uses in the District Regulations. Any alteration, extension or other
change to an existing conditional use shall require review under the requirements of this section.
D. Review and Approval Procedure.
A use designated as a conditional use in any district may be permitted by the Development Review Board,
after public notice and public hearing, according to the following procedures:
(1) Any conditional use shall be either:
(a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed
under the requirements of Article 14, Site Plan and Conditional Use Review; or,
(b) subject to planned unit development review and therefore reviewed under the requirements of
Article 15, Planned Unit Development; or,
(c) subject to conditional use review only for a conditional use that within or deemed a single or
two-family dwelling.
(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.
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(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.
(a) A multiunit dwelling project consisting of four or fewer units located in a district allowing
multiunit dwellings may not be denied solely due to an undue adverse effect on the character of
the area affected.
(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 Site Plan and Conditional Use Review: Specific Uses and Standards
A. Parking Garages.
Review of such use shall include a review of the proposed structure's aesthetics and potential off-site
impacts including but not limited to lighting, traffic, and circulation.
B. Drive-Through Facilities.
(1) Applicability. Drive-through facilities are prohibited in all districts except where specifically provided
for in Article 8 (Form Based Code) and Appendix C – Table of Uses.
(2) Supplemental Standards. Where permitted, and in addition to any design, building, or placement
requirements within these Regulations, applications for a drive-through facility shall be subject to
the following supplemental requirements:
(a) Compliance with Traffic Overlay District provisions, if applicable.
(b) Compliance with an approved access management plan providing for curb cut consolidation and
secondary access.
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(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length
and aisle width.
C. Convenience Store in Conjunction with a Gasoline Filling Station/Service Station.
A service station that is a primary use on its lot may be allowed to have a convenience store as an
accessory conditional use, subject to the following:
(1) The proposed convenience store shall be an accessory use located on the same lot as primary use
service station.
(2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged
foods for personal or household consumption.
(3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square
feet.
(4) Location of primary use. The service station shall have a minimum street frontage of one hundred
(100) feet on an arterial road.
(5) 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.
(6) Parking. Where parking is located near a residential district boundary, the applicant shall provide
landscaping, and/or fencing or screening in the mandatory setback.
(7) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the
proposed lighting plan will adequately light the store exterior and related parking area and will not
shed light onto abutting residentially zoned land.
D. Gasoline Filling Stations/Service Stations.
No new gasoline filling stations or service stations shall be permitted within one thousand (1,000) linear
feet in any direction from the property boundaries of an existing gasoline filling station or service station.
E. Processing and Storage.
(1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the DRB
consistent with the character of the adjacent neighborhood and proximity to residential areas and
residentially-zoned lands.
(2) The DRB shall have the authority to limit the total square footage that may be devoted to processing
and storage on any lot or within any one building to ensure compatibility with adjacent land uses.
F. Alteration of Existing Grade
(1) Approval 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 14.11(G), Earth Products.)
(2) Standards and Conditions for Approval.
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(a) The Development Review Board shall review a request under this Section for compliance with
the standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these
regulations. An application under this section 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.
(b) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(i) Duration or phasing of the permit for any length of time.
(ii) 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.
(iii) Provision of a suitable bond or other security in accordance with Section 17.15 adequate to
assure compliance with the provisions of these Regulations.
(iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of
Structures.
G. Earth Products
(1) General Requirements. The conduct of a resource extraction operation that involves the removal of
loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection
with the construction of a building on the same lot, shall be permitted in any district, except as limited
by the Environmental Resource Protection Standards and Interstate Highway Overlay District, subject
to site plan approval by the Development Review Board after public notice.
(2) Review Authority. Notwithstanding any other provisions within these Regulations, applications
under this Section 14.11(G) shall be reviewed by the Development Review Board in all Zoning
Districts and the City Center FBC District.
(3) Exemption. The provisions of this section shall not apply to the removal of earth products from an
operating farm, nursery, cemetery, or stormwater facility previously approved by the Development
Review Board or Administrative Officer, to the extent that such removal is necessary to the operation
of same.
(4) Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within
one (1) calendar year period shall include the submittal of a site plan showing the area from which
earth products are to be removed. Also, the application shall include specific information pertaining
to the following factors and such other information as the Development Review Board may require.
At minimum, the following information shall be required:
(a) Depth of excavation, in proximity to roads or adjacent properties.
(b) Existing grade and proposed grade created by removal of material.
(c) Effect upon public health and safety.
(d) Creation of a nuisance.
(e) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
(f) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on
public ways.
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(g) Erosion potential due to removal of vegetative cover.
(5) Conditions of Approval. The Development Review Board, in granting its approval, may impose
conditions on the following:
(a) Duration of the permit for any length of time that the Development Review Board deems
appropriate.
(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) Hours of operation, routes of transportation, and amount of material to be removed.
(d) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to
assure compliance with the provisions of these Regulations.
(6) Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of
earth products shall be prohibited in such cases where it is anticipated that such excavation will lower
the level of the water table or will interfere with the natural flow patterns or reduce the flood storage
capacity.
H. Accessory Dwelling Units Supplemental Allowance.
An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback
applicable to a single family home may be approved as a Conditional Use, subject to the following:
(1) The ADU must comply with all provisions of Section 3.11 (Accessory Dwelling Units) except setback
standards;
(2) The ADU shall only be situated where an accessory structure on the lot may be placed;
(3) The ADU, and any portion thereof, must not exceed 15’ in height;
(4) The ADU must not exceed 600 s.f. gross floor area;
(5) The principal entry to the ADU must not be oriented a side or rear lot line; and,
(6) The proposed encroachment of the ADU must 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; and,
(c) privacy of adjoining and/or nearby properties.
I. Seasonal Mobile Food Units.
Seasonal mobile food units shall be subject to site plan review and the following requirements:
(1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License
from the Vermont Department of Health.
(2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16)
people. Temporary outdoor seating shall be placed directly on the ground with no foundation or
underlying structure.
(3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and
7:00 am.
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(4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall
be removed from the property at the expiry of its permit under these regulations.
(5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations.
(6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the
South Burlington Police Department, South Burlington Fire Department, and South Burlington
Department of Public Works. Said permit or renewal may be denied, if vehicular access to the
property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the
property.
(7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months,
from April 1 to October 31, after which time it expires.
(8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the
request of the applicant. The administrative officer shall approve the renewal upon finding that all
aspects of the permit and these regulations have been met to date and in the previous year’s
operation of the seasonal mobile food unit. No such renewal shall be issued if no zoning permit was
issued in the previous calendar year.
(9) Any modifications to an approved site plan shall require an amendment as required by these
Regulations.
(10) A seasonal mobile food unit shall be exempt from Section 10.01, Traffic Overlay District, of these
regulations.
(11) Notwithstanding any other provisions within these Regulations, applications under this 14.11(H)
assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and
the City Center FBC District.
J. Outdoor Exercise Facilities for Animal Shelters, Commercial Kennels, Pet Day Cares, and
Veterinary Hospitals.
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a
residential district or existing residential use, the required side or rear setback for the outdoor
exercise facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A
strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped
with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall
not be permitted within the fifteen (15) foot wide buffer area.
(4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without
treatment.
(5) For Veterinary Hospitals, any outdoor exercise area shall be limited to one hundred (100) square feet
and be designed for and limited to use by one (1) animal at a time as a pet relief facility and limited
exercise area.
K. Self-Storage in the Mixed Commercial-Industrial (CI) District Within Transit Overlay District.
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(1) General Requirements. In the Commercial-Industrial District, where such district is also within the
Transit Overlay District, the Development Review Board may grant site plan approval for a self-
storage facility, according to the following regulations.
(2) Specific Standards:
(a) The facility shall be clearly secondary to a permitted principal use in this district
(b) The facility shall not occupy more than 20% of the gross floor area of the principal use
(c) The facility shall only be accessible through an interior entrance
(d) Access to storage units shall only be available during business hours, with an employee on site.
L. Auto & Motorcycle Sales, Limited.
(1) General Requirements: An auto & motorcycle service and repair business may be granted approval
from the Development Review Board to display up to five (5) automobiles and/or motorcycles
(combined) at one time for sale to the public, in accordance with the following requirements:
(2) Specific Requirements:
(a) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed
five (5) total; and,
(b) No vehicles for sale may be parked in any other location on the property.
M. Food Hubs.
(1) Specific Standards:
(a) Processing activities at the food hub location shall be limited to non-mechanized packaging,
provided it is subordinate to the distribution activities.
(b) Storage is permissible for terms of less than 30 days.
(c) Butchering or killing of livestock shall not be permitted within the designated food hub area.
(d) A food hub may be host to- with no greater frequency than once per week- a farmer’s market
without additional municipal review or permitting.
(e) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites
shall be counted towards the minimum landscaping budget as 150% of every dollar planted.
(2) Permitting.
(a) Facilities under 5,000 GFA may be reviewed under Section 14.04(B), Administrative Review.
(b) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14
of these Regulations.
N. Limited Neighborhood Commercial Use.
(1) Limited Neighborhood Commercial is a neighborhood-scale commercial use that primarily serves the
needs of a local neighborhood and meets the following criteria:
(a) Any use not listed cannot be a LNC use. Specific uses allowed, if the use as proposed complies
with the criteria under (2) and (3):
(i) Restaurant, Standard
(ii) Restaurant, Short-Order
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(iii) Retail Sales
(iv) Personal instruction facility
(b) The use must be limited to:
(i) Location on lots fronting on a collector or arterial street, or at an intersection including at least
one collector and/or arterial street
(ii) Maximum of two (2) uses per lot, including residential
(iii) Total 2500 SF total gross floor area of LNC use on a lot
(iv) Must have 7000 SF of lot area for a single-use lot or a mixed-use lot with one to four (1-4)
housing units. LNC is not allowed on a lot with five (5) or more housing units.
(v) Building coverage and lot coverage limits for small multi-family buildings apply to lots with an
LNC use, regardless of whether there is residential use on the property.
(c) The use must comply with the following specific standards:
(i) Hours of operation between 7am and 10pm
(ii) Parking must be limited to 6 off-street spaces
(iii) Parking areas must be fully screened from adjacent parcels so headlights do not beam onto
adjacent lot
(iv) Lighting shall be used to illuminate pedestrian crossings and intersections only
(v) Outdoor storage is prohibited
(2) Limited Neighborhood Commercial uses included in a master plan approved prior to [DATE]that does
not meet the above requirements are allowed.
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ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
15.A SUBDIVISION REVIEW
15.A.01 Purpose and Authority
15.A.02 Subdivision Applicability
15.A.03 Classification
15.A.04 Sketch Plan Review
15.A.05 Preliminary Review of Major Subdivision
15.A.06 Final Subdivision Review
15.A.07 Subdivision Amendments
15.A.08 General Standards
15.A.09 Resource Protection Standards
15.A.10 Street Network
15.A.11 Sidewalks, Bike Lanes, and Recreation Paths
15.A.12 Blocks and Lots
15.A.13 Mix of Dwelling Unit Types
15.A.14 Infrastructure, Utilities, and Services
15.A.15 Required Improvements
15.A.01 Purpose and Authority
A. Purpose.
These Regulations, enacted under 24 V.S.A. § 4418 and § 4463, apply to the subdivision of land, and
implement the following objectives consistent with the adopted City Plan, Official Map, and Capital
Improvement Program:
• Ensure orderly, coordinated development within the City of South Burlington;
• Promote the comfort, convenience, safety, health and welfare of city residents;
• Ensure that the rate of development does not exceed the city’s capacity to provide municipal
infrastructure, facilities and services in an efficient and cost-effective manner;
• Ensure that a proposed subdivision conforms to the planned pattern, density, and form of
development for the zoning district or type of Planned Unit Development in which it is located;
• Avoid undue adverse impacts to natural, cultural, scenic, and other open space resources identified
for protection under Article 12;
• Establish and maintain an integrated, multi-modal transportation network that connects existing and
planned development, supports adjacent land uses, minimizes vehicle miles traveled, and maximizes
safety and efficiency for all users including pedestrians, cyclists, motorists, and transit riders;
• Foster and reinforce compact, walkable residential and mixed-use neighborhoods.
• Facilitate integrated, community-based renewable energy production in locations that do not
interfere with the City’s development, open space, and resource conservation objectives.
B. Authority.
(1) The Development Review Board (DRB) has the authority under these Regulations and 24 V.S.A. §
4418 and § 4463 to:
(a) Review and approve, approve with modifications or conditions, or deny an application for the
subdivision of land under the standards of these Regulations.
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2
(b) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4463 and
4464, and Section 17.08 of these Regulations as required prior to the recording of a subdivision
plat.
(c) Waive or modify, subject to appropriate conditions, the provision of any or all improvements and
requirements as in its judgment of the special circumstances of a particular plat or plats are not
requisite in the interest of the public health, safety, and general welfare, or are inappropriate
because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
(d) Impose reasonable conditions that, in its judgment, are necessary and appropriate to mitigate
the adverse impacts of any modification to or waiver of a required improvement or dimensional
standard, and to ensure compliance with the standards for the grant of a modification or waiver.
(2) The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4463 to review
and approve, approve with modifications or conditions, or deny an application for the minor
subdivision of land under the standards of these Regulations. The AO may also refer any minor
subdivision of land application for review and decision by the DRB.
C. Interpretation.
Where a subdivision standard under this Article is superseded by or conflicts with another relevant
standard under these Regulations, including Environmental Protection Standards and standards specific
to a Planned Unit Development or Transect Zone Subdivision, the more specific, stringent, or restrictive
standard shall apply.
D. [Reserved]
E. Modification or Waiver
(1) The DRB may modify or waive an improvement or dimensional standard required under this article,
subject to conditions, in specific circumstances.
(a) The DRB must find the standard proposed to be modified cannot be fully met due to:
(i) physical site limitations (including Hazard or Level I Resources) on the property,
(ii) other legal or development constraints specific to the land to be subdivided,
(iii) a lack of existing or planned connecting facilities or services adjacent to or in proximity to the
subdivision, or
(iv) existing or planned Development Context in the Planning Area
(b) The DRB must find:
(i) The improvement or requirement is not necessary to ensure public health, safety, and general
welfare;
(ii) The modification or waiver as proposed is the minimum necessary to afford relief and
represents the least deviation from the standards and requirements of these Regulations; and
(iii) The modification or waiver, if granted, will not have the effect of nullifying the intent and
purpose of these Regulations, the City Plan, or other municipal bylaws and ordinances in
effect.
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(2) Waiver shall only be granted by the DRB if the only modification that meets the criteria above is to
not apply the standard at any level or in any form.
(3) Limitations. In no case shall the DRB vary:
(a) Requirements of the Urban Design Overlay District and Transit Overlay District, as applicable.
(b) Applicable lot coverage and/or building coverage maximums allowed within each zoning district
except as authorized via use of Transferrable Development Rights.
(c) Environmental Protection Standards under Article 12, except as authorized within that Article.
(4) Context shall be determined by the existing or planned Development Context in the Planning Area.
For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or
parcel to be developed, as measured from the lot line of the existing parcel.
15.A.02 Subdivision Applicability
A. Applicability.
Any subdivision of land subject to these Regulations must meet applicable subdivision standards under
this Article unless modified or waived by the DRB under Section 15.A.01(E).
(1) The DRB, in determining compliance with these standards, may require:
(a) Disclosure of the intended use and development of all land to be subdivided, including
subsequent development plans for any retained portion of the existing lot to be subdivided.
(b) Modification of subdivision layout and design, the phasing of subdivision and development, or
other measures necessary to avoid or mitigate the adverse impacts of a proposed subdivision on
adjacent properties and uses; the transportation network; public facilities, infrastructure, and
services; and environmental resources identified for protection under Article 12.
B. Required Approval.
Final subdivision plan and plat approval is required prior to:
(1) The sale, lease, or conveyance of any portion of an existing lot;
(2) Site preparation, grading, clearing, construction or the installation of site improvements associated
with the subdivision of land or the development of a lot to be subdivided, excluding forestry,
agricultural and land surveying activities;
(3) Recording a subdivision plat or deed for a subdivided lot in City land records; or
(4) Issuing a zoning permit for the development of a subdivided parcel.
C. Exceptions.
The following may be recorded in City land records without subdivision approval from the DRB or
Administrative Officer as authorized:
(1) A right-of-way or easement (such as a trail, conservation, stormwater, or utility easement) that does
not subdivide land.
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(2) A minor lot line adjustment or small lot merger permitted by the Administrative Officer under
15.A.03.
(3) The transfer of a portion of a lot to an adjoining public lot or right-of-way for a public purpose
conforming with the City Plan, Official Map, or Capital Improvement Program.
(4) Technical corrections to a previously-recorded survey plat or deed correcting existing metes, bounds,
elevations, or other errors and which not alter a subdivision plat as previously approved by the City.
(5) A land lease of less than 400 square feet for the siting of utility infrastructure (electrical,
telecommunications, internet, etc.) on a portion of a parcel, in conformance with these Regulations,
if a survey plat showing the lease area is recorded in the land records.
(6) The division, lease or use of a portion of a lot larger than twenty-five (25) acres solely for agricultural
or forestry purposes, which does not require a new highway access or the installation of a permanent
road or municipal infrastructure, provided that an instrument which waives development rights, until
or unless subdivision review occurs, is approved by the City Attorney and City Council and is recorded
in city land records.
(7) The notice of a Certificate of Public Good (CPG) issued by the Vermont Public Utility Commission for
an in-state energy generation facility with a capacity greater than 15 kilowatts, as required under 30
V.S.A. § 248, which identifies the land on which the facility is to be located by reference to the deed
of record for the property as conveyed to the current landowner.
15.A.03 Classification
A. Subdivision Classes.
For purposes of these Regulations, subdivisions of land shall be classified as by the Administrative Officer
as follows:
(1) A Minor Subdivision is limited to:
(a) The subdivision of one lot into two lots if both lots have either the required street frontage or
share highway access via a permanent legal right-of-way; or
(b) A lot line adjustment or small lot merger which does not create a new lot but does not meet the
criteria for lot line adjustment or small lot merger below.
(c) A minor amendment to a subdivision, defined under 15.A.09
(2) A Major Subdivision is a subdivision of land that involves any of the following:
(a) The subdivision of a lot into two lots that is not a minor subdivision;
(b) The creation of three or more lots through the subdivision or re-subdivision of an existing lot,
tract, or parcel;
(c) The installation or extension of one or more streets;
(d) The extension of any off-tract municipal or governmental infrastructure, facilities, or other
improvements; or
(e) A Planned Unit Development (PUD) under Article 15.C, to be reviewed by the DRB concurrently
with subdivision review.
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(3) A Transect Zone Subdivision is any subdivision of land within a designated Transect Zone. Transect
Zone Subdivisions are governed by Article 8.
B. Lot Line Adjustments, Mergers.
A Lot Line Adjustment or Small Merger under this section shall not be considered a subdivision of land
and is not subject to other sections of Article 15.A. Other Articles of the Land Development Regulations
shall apply. Any Lot Line Adjustment or Small Lot Merger must be administratively reviewed for
compliance with this section and recorded in the City of South Burlington Land Records. The
Administrative Officer shall have the authority to refer an application under this section to the DRB.
(1) Lot Line Adjustment is the adjustment, relocation, or realignment of a lot line between existing lots
where:
(a) The sale or exchange of land is between adjacent property owners and the application is
authorized and signed by the owner of each affected lot;
(b) The acreage of land to be transferred is less than the minimum lot area for the applicable zoning
district(s);
(c) No new, irregularly shaped, or undevelopable building lots are created through the adjustment;
(d) The relocated lot line does not result in the creation of a nonconforming lot, structure, or use;
increase the existing degree of nonconformity; or affect the ability to develop a lot in
conformance with these Regulations; and
(e) The proposed adjustment does not violate the terms or conditions of any prior municipal permit
or approval.
(2) Small Lot Merger is the elimination of a lot line between two contiguous, pre-existing nonconforming
small lots that come under common ownership, consistent with 24 V.S.A. § 4412(2), provided that:
(a) Either or both lots are undeveloped, or are proposed for redevelopment as a single lot at the
time of the merger request;
(b) The merged lot will be served by a single water supply and wastewater connections or systems;
and
(c) Existing highway accesses are consolidated so the merged lot is served by a single highway
access.
(3) Relocation or elimination of a lot line between two lots that does not meet the definitions under (1)
or (2) shall be a minor subdivision
(4) Survey Plat. The application for a minor lot line adjustment or merger must be accompanied by a
survey plat prepared by a licensed land surveyor that depicts and references each lot to be modified
by the adjustment or merger. The survey plat must clearly indicate the area, metes, bounds, and ties
for each lot and, as applicable, the merged lot. The survey plat must also clearly depict all existing
structures, site improvements, delineated setbacks, parking spaces, lot coverage and other details
specified by the Administrative Officer as necessary to determine conformance with this section.
C. Review Process by Classification
(1) Major Subdivisions and Transect Subdivisions are reviewed and approved by the DRB.
(2) Minor Subdivisions are reviewed and approved by the Administrative Officer. The Administrative
Officer has authority to refer an Application for Minor Subdivision to the DRB.
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(3) Minor Lot Line Adjustments and Mergers are reviewed and approved by the Administrative Officer.
15.A.04 Sketch Plan Review
A. Applicability and Purpose
(1) Applicability. Sketch Plan review is required prior to formal application for major subdivision,
transect subdivision, and minor subdivision. Lot line adjustment and small lot merger do not require
sketch plan review. Minor amendment to an existing Planned Unit Development as defined and
regulated under the General PUD regulations in Article 15.C does not require sketch plan review.
(2) Purpose. Sketch plan review provides the opportunity for the applicant and DRB to consider and
discuss a conceptual subdivision plan under relevant regulations. Sketch plan review is advisory and
intended only to guide the application and review process.
B. Submission Requirements.
As stated in Appendix E. Submission Requirements.
C. Review Process.
(1) Pre-Application Meeting with Staff. The applicant is encouraged to schedule one or more meetings
with the Administrative Officer to discuss the classification of the proposed subdivision, relevant
application requirements, review processes and standards under these Regulations, including
whether the project may also require or allow for Master Plan review, or review as a Planned Unit
Development (PUD).
(2) Classification. Upon receipt of a complete sketch plan, the Administrative Officer shall classify the
proposed subdivision as a Minor Subdivision, Major Subdivision, or Transect Zone Subdivision. If
classified as a Major or Transect Subdivision, the Administrative Officer shall refer the sketch plan to
the DRB for consideration at a regularly scheduled DRB meeting. Minor Subdivision Sketch Plan may
be reviewed by the Administrative Officer unless referred to the DRB.
(3) Sketch Plan Meeting(s). Notice of and subdivider participation in DRB Sketch Plan meetings is
required in accordance with Section 17.09(F) of these Regulations.
D. DRB Review.
Based on the information provided, the DRB may provide guidance regarding necessity of Master Plan
review under Article 15.B, review as a PUD under Article 15.C, and general conformity with the Official
Map and relevant standards under these Regulations.
The DRB may also provide guidance for the applicant in preparing their application, including suggested
modifications or changes to subdivision design and layout; and any additional information, studies, or
supporting documentation to be included with the application.
E. Combined Review.
(1) At the Sketch Plan review stage, at applicant’s request, the DRB may combine Preliminary Subdivision
with Master Plan review under Article 15.B for one or more phases of subdivision and development
if the application, hearing requirements, and standards for each type of review are considered and
met.
(2) Where either a Master Plan under Article 15.B has been previously approved and is in effect, or
where no Master Plan Review under Article 15.B is required, at the request of an applicant, the DRB
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may agree to combine preliminary and final subdivision review for one or more phases of subdivision
and development.
F. Effect.
Sketch plan review authorizes the subdivider to proceed with an application for subdivision review; it in
no way implies subdivision approval by the DRB.
G. Next Step(s)
(1) Sketch Plan review expires six (6) months after the date of the final sketch plan review meeting by
the DRB. To proceed with the application, the Applicant must submit an application for subdivision
or master plan before expiration of Sketch Plan review.
(2) The next step in development review after sketch plan review differs by application type:
(a) Major Subdivision – requires preliminary subdivision review under 15.A.05
(b) Transect Subdivision – requires final subdivision review under Section 15.A.06
(c) Minor Subdivision – requires final subdivision review under 15.A.06
(d) Master Plan Review - requires final Master Plan review under 15.B
(3) If the applicant fails to meet the deadlines in this Section or if the application as submitted differs
substantially from the sketch plan as reviewed, the Administrative Officer may require submission of
a new sketch plan for review.
15.A.05 Preliminary Review of Major Subdivision
A. Applicability and Purpose.
(1) Applicability. Preliminary Subdivision review by the DRB is required for all Major Subdivisions. It is
not required for Minor or Transect Subdivisions. Minor amendment to an existing Planned Unit
Development as defined and regulated under the General PUD regulations in Article 15.C does not
require preliminary subdivision review.
(2) Purpose. This stage of review provides an initial review of the proposed subdivision for compatibility
with these Regulations and any approved master plan, and to identify specific issues or concerns that
must be addressed or mitigated prior to final subdivision review.
B. Application Requirements.
(1) Submission Requirements.
(a) The application must be submitted on forms provided by the City and include:
(i) information and materials listed in Appendix E, Submission Requirements,
(ii) additional information requested by the DRB under Sketch Plan Review, and
(iii) any requested modifications or waivers under 15.A.01(E), including the stated justification for
this request and any supporting documentation.
(2) Context Report. The applicant must submit a map and narrative describing the existing and planned
pattern and type of development in surrounding area, and existing and planned City facilities,
services, and infrastructure in the vicinity of the project.
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(a) If no approved, valid Master Plan applies to the lot(s) to be subdivided, the Context Report must
include meet the requirements of a Context Report for Master Plan in 15.B.07B.
(b) If an approved, valid Master Plan applies to the lot(s) to be subdivided, this requirement is
satisfied by the Master Plan and the Context Report in Master Plan application.
C. Decision.
When granting approval, the DRB shall state the conditions of approval, if any, with respect to:
(1) Specific changes required to the preliminary plat, plans or supporting documents for consideration
under final subdivision review.
(2) The type and extent of any required improvements or dimensional requirements which may be
waived under Section 15.A.01(B);
(3) Initial allocations of available water, wastewater, stormwater, and transportation infrastructure
capacity, and required system connections or improvements needed to serve the proposed
subdivision and future development up to full build-out to required minimum residential density, if
applicable;
(4) Requested or required measures intended to avoid or mitigate the adverse impacts of land
subdivision and development on environmental resources identified for protection under Article 12;
and on existing and planned public facilities, infrastructure and services;
(5) The timing and sequence of subsequent applications for phased or combined subdivision and
development review;
(6) Additional information the DRB finds necessary to determine compliance with the Regulations as
part of final subdivision review; and,
(7) Other municipal permits and approvals, performance bonds or other sureties, and development
agreements to be obtained in advance of applying for final subdivision review and approval.
D. Effect.
(1) Preliminary Approval. Preliminary subdivision approval is not final approval of a subdivision plan or
plat. It is intended only to guide the preparation of the final survey plat and supporting plans and
documents.
(2) Duration. A preliminary subdivision approval shall remain in effect for twelve (12) months from the
date of approval unless, upon written request of the applicant, the expiration date is extended by
the DRB for cause, for example due to an appeal of related permits, or other permitting or seasonal
site analysis delays. If an application for final subdivision approval or an extension request is not
submitted by the expiration date, the DRB may require resubmission of the preliminary plat,
supporting plans and documents for preliminary subdivision review under the regulations in effect
at the time of resubmission.
15.A.06 Final Subdivision Review
A. Applicability and Purpose.
(1) Applicability. Final subdivision review is required for all subdivisions, including Planned Unit
Developments (PUDs) under Article 15.C and Transect Zone Subdivisions under Article 8.
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(2) Purpose. It is intended to determine whether the final survey plat, supporting plans and documents,
and proposed improvements comply with these Regulations and, as applicable, with an approved
Master Plan, and the conditions of preliminary subdivision approval, prior to recording a survey plat,
deeds, easements, and other legal documents in the City’s land records.
B. Timeline and Application Requirements.
(1) Application Deadline. The application must be submitted within six (6) months of sketch plan
approval for a Minor or Transect Zone Subdivision, or twelve (12) months of preliminary subdivision
approval for a Major Subdivision, including a PUD. The DRB has authority to extend these deadlines
upon applicant request.
(2) Submission Requirements.
(a) The application may be submitted in one or more phases. If submitted in multiple phases, the
phasing plan must be consistent with any approved preliminary subdivision or master plan.
(b) The application must be submitted on forms provided by the City, comply with Appendix E,
Submission Requirements, and provide any other information requested by the DRB under
sketch plan or preliminary subdivision review.
(c) The application must include any requested modifications or waivers of required improvements
under 15.A.01(E), the preliminary subdivision plat as approved by the DRB, or conditions of
preliminary subdivision approval, and include a narrative justification for the request.
(d) The application must include a Certificate of Title showing the ownership of all properties and
any draft conveyance documents for any easements to be dedicated or acquired by the City.
These shall be reviewed by the City Attorney.
C. Combined Review.
The DRB may combine final subdivision review with Site Plan or Conditional Use Review under Article 14,
if the submission and hearing notice requirements for each type of review are met.
D. Decision.
(1) Any conditions of final subdivision approval for performance bonding or other sureties, phasing,
construction or inspection schedules, or the timing of required improvements under Section 17.16,
must be specified in the written DRB decision, or in a separate Development Agreement approved
by the City Council, as referenced in or attached to the DRB decision.
(2) The DRB decision may also, as a condition of final subdivision approval, stipulate changes to the
content of the plat, supporting plans or documents that must be completed to the satisfaction of the
Administrative Officer before the plat is approved and endorsed by the DRB for recording under
15.A.08.
E. Effect.
Final subdivision approval by the DRB remains in effect for 180 days from the date of approval, unless
extended by the Administrative Officer under 17.05B(3). If the applicant fails to file and record the
subdivision plat as approved and endorsed by the DRB in the land records within this period, final
subdivision approval shall expire.
(1) Final subdivision approval by the DRB shall not constitute or be evidence of acceptance by the City
of any streets, easements, water and sewer facilities, open space or other public facilities and
improvements shown on the subdivision plat or associated plans.
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15.A.07 Subdivision Amendments
A. Required Review.
A subdivision plan and plat that has received final subdivision approval may not be altered, modified,
revised, or amended without DRB or Administrative Officer approval, as applicable. The scope of review
under this section will be limited, in the discretion of the DRB and Administrative Officer, to those aspects
of the approved subdivision plan and plat affected by the proposed amendment.
B. Minor Amendments to Subdivision.
A minor amendment is an amendment to a subdivision which does not result in a substantial change,
alteration, revision or modification of the subdivision plat, plans or conditions of final subdivision
approval. A minor amendment shall be reviewed by the Administrative Officer for approval and recorded
as a final plat, unless referred to the DRB by the Administrative Officer.
C. Other Amendment.
Any other subdivision amendments shall require final subdivision review by the DRB under Section
15.A.06.
15.A.08 General Standards
A. Development Suitability.
(1) Physical Site Constraints. For any land proposed to be subdivided for development, the applicant
must mitigate any physical site constraints caused by periodic flooding, poor drainage, shallow soils,
landslides, environmental site contamination, or other known physical hazards or constraints as
necessary to allow the proposed development.
(2) Buildable Area.
(a) Definition. For purposes of these Regulations, including the platting of building lots, “Buildable
Area” is defined as the total area of the lot to be subdivided, less the area occupied by any of the
following physical and legal site limitations or constraints:
(i) “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans,
and as field verified and delineated on preliminary and final subdivision plans and plats,
(ii) “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and
Master Plans, and as depicted on preliminary and final subdivision plans and plats,
(iii) Existing and planned street and railroad rights-of way, and
(iv) Transmission line corridors or easements, except upon request of the applicant that it be
designated as Buildable Area.
(b) Habitat Block Exchange Exception. The land area within a mapped Habitat Block removed from
the Habitat Block via exchange of land approved by the DRB under Section 12.04 (Habitat Block
Overlay District) or relocation of a Habitat Connector as approved by the DRB under Section
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12.05 (Habitat Connector Overlay District) is “Buildable Area” for purposes of subdivision and
development calculations.
B. Development Context.
The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision and
development in the vicinity, as defined by district purpose statements and standards, or as specified for a
type of Planned Unit Development (PUD) under Article 15.C.
C. Compliance with Zoning Districts.
The subdivision must meet applicable Zoning District standards under Article 4 through Article 7, and
Appendix C.
(1) Overlay Districts. The subdivision must meet applicable overlay district standards under Articles 10
and 12.
(a) In all subdivisions and PUDs for which the Traffic Overlay District (Section 10.01) applies, if the
Traffic Overlay District provisions conflict with this section, the more restrictive provisions shall
apply.
(2) Multiple Districts. For the subdivision of a lot located in more than one zoning district, the district
regulations specific to that portion of the subdivision within each zoning district shall apply, except
as specified for a Planned Unit Development under Article 15.C.
(3) Zoning District Boundaries. Subdivision boundaries and new lot lines must be located to avoid
creating building lots split by zoning districts except if the DRB finds such split building lots are
unavoidable due to pre-existing lot and infrastructure layout.
(a) The DRB may approve a request to extend zoning district standards up to fifty (50) feet in either
direction as necessary to avoid a subdivision or building lot split by a zoning district boundary.
D. Compliance with Other Regulations. Subdivisions, including building lots, dwelling units, and
supporting facilities and infrastructure, must be designed, configured, and constructed to comply with
other relevant standards under these Regulations and other city ordinances and standards in effect at the
time of application, including, but not limited to, those listed below.
• Official Map, adopted under 24 V.S.A. § 4421
• Capital Improvement Program, adopted under 24 V.S.A. § 4430
• Department of Public Works Standards
• South Burlington Code of Ordinances
E. Development Connectivity.
(1) The applicant must demonstrate the subdivision is configured and laid out to:
(a) Maximize connections with adjoining parcels and neighborhoods
(b) Avoid creating disconnected development areas except to separate incompatible land uses or to
avoid undue adverse impacts to Article 12 resources, to the extent physically feasible
(c) Connect with and extend existing and planned streets, sidewalks, recreation paths, transit
routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision,
or as indicated on the City’s Official Map.
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(d) Off-site improvements necessary to serve the proposed subdivision must be provided in
accordance with 15.A.14.
F. Civic Space.
Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable
area within the developed portion of any Major Subdivision exceeding two (2) acres in size must be
allocated to functionally-integrated civic space lots, as shown on the subdivision plan and plat.
(1) Required civic space must incorporate one or more allowed Civic Space Types under Article 11.B and
meet associated type requirements.
(2) Designated civic space lots must have frontage on or direct pedestrian access from an abutting street.
The entrance to a civic space that does not front on an abutting street must be readily visible,
apparent, and accessible from the street.
(3) For Major Subdivisions under six (6) acres, the DRB may, in its discretion, provide a credit for up to
50% of the required Civic Space area if the Applicant demonstrates a safe, walkable connection to an
existing Civic Space or public park that is accessible by the general public and located within five-
hundred (500) feet of at least one pedestrian access point for each building in the subdivision, via a
walking route or pedestrian way. A “safe, walkable connection” shall not include or require crossing
a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Civic Space area if some but
not all buildings in the subdivision have pedestrian access points located within five-hundred
(500) feet of the Civic Space or public park, as described in Section 15.A.12, below.
(b) The DRB cannot provide any credit to replace the remaining 50% of the required Civic Space area.
(4) Civic space lots must be identified on the subdivision plat, and in associated legal documents, as Civic
Space lots to be maintained and managed in single or common ownership.
G. Minimum Residential Density
(1) For all properties with over two (2) acres of buildable area served by municipal water and sewer,
design of a subdivision including, but not limited to, layout of proposed buildings, infrastructure, and
access cannot prevent or impede future development of the property to the minimum residential
density described below.
(2) Required minimum density shall be:
(a) For properties with four (4) acres or more of buildable area served by municipal water and sewer:
(i) At least eight (8) units per acre on a contiguous area equal to or greater than 50% of the total
buildable area; and
(ii) At least four (4) units per acre on the remaining 50% of the total buildable area.
(b) For properties with between two (2) acres and four (4) acres of buildable area served by
municipal water and sewer: at least four (4) units per acre across the total buildable area.
(3) To satisfy this requirement, the applicant must demonstrate the planned development area meets the
minimum residential density requirement and either:
(a) Demonstrate the planned development does not diminish the future development potential of
any areas Reserved for Future Use, due to physical separation or other unusual existing
conditions; OR
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(b) Demonstrates the planned development does not prevent future development of the property
meeting the required minimum density through submission of an Illustrative Plan, prepared to
scale, that includes the following:
(i) Hazards and Level 1 resources using Initial Identification sources from Table 12-01, or better if
readily available
(ii) Feasible configuration of street rights-of-way capable of meeting the requirements of the LDR
for a future public street
(iii) A bubble diagram showing a feasible arrangement of:
(I) required minimum housing density reflecting building types allowed in the zoning district.
(II) civic spaces on at least 10% of the buildable area
(III) stormwater practices in topographically appropriate locations on at least 5% of the
buildable area
(c) The Board may require submission of an Illustrative Plan under (b) where the DRB determines it
is unclear if (a) is met.
(4) The DRB may place reasonable conditions on the approval of the subdivision application to ensure
that the location of future buildings on approved lots meets the minimum residential density
requirement and future construction occurs in an efficient order.
(5) Minimum residential density cannot be met by proposing future conversion of proposed buildings
into multiple units.
(6) Streets required to access to future development areas (including areas of infill to meet minimum
residential density) must be designed to accommodate expansions or improvements to
infrastructure required to serve the minimum residential density when fully developed.
15.A.09 Resource Protection Standards
A. Resource Identification.
Site features (defined in (1), below) and Article 12 Resources on a lot must be identified and included in
preliminary and final subdivision plans and plats.
(1) Site Features.
(a) Site Features are existing site features of significance to the City, to be considered in subdivision
layout and design include:
(i) Archaeological and historical sites and structures that are eligible for listing on the State
Register of Historic Places, and historical landscape features such as stone walls and fences
(ii) Prominent shade trees, street trees, or documented specimen or witness trees
(iii) Exceptional or unique geological features such as exposed ledges, cliffs, waterfalls, and
cascades
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(b) Listed site features must be considered for retention and incorporation in subdivision layout and
design.
(c) The DRB may require as a condition of subdivision approval that a listed historical site, structure
or landscape feature present on the lot be inventoried, assessed and documented before any
site development or any structural relocation, removal, or demolition may occur.
(2) Article 12 Resources.
(a) Article 12 Resources include Hazards, Level I, and Level II Resources as defined in Article 12 of
these Regulations.
(b) Article 12 Resources must be field verified and delineated on the ground by the applicant as
specified in Article 12 of these Regulations for each resource, and indicated on preliminary and
final subdivision plans.
B. Resource Protection.
(1) Article 12 protects specific natural resources. A subdivision shall not physically fragment, legally
subdivide, or develop Hazards and Level I resources contrary to the protections of Article 12. A
subdivision shall be configured to minimize and mitigate adverse impacts on Level II resources
protected by Article 12.
(2) Contiguous Hazard and Level I resource areas that exceed the minimum lot size for the applicable
district must be subdivided onto their own lot or lots and be identified on the subdivision plat.
(a) These areas must be labeled in associated legal documents as “Conservation Lots” to be
maintained and managed in single or common ownership or under a conservation easement held
by the City or qualified third party, such as an established land trust.
(b) As a condition of subdivision approval, future subdivision of conservation lots shall be prohibited
except where all land is being conveyed for conservation purposes. This restriction must noted
on the subdivision plat.
(3) Contiguous Hazard, Level I, or Level II resource areas that are less than the required minimum lot size
for the zoning district can be incorporated into a building lot if the application and subdivision plan
include a delineation of a building envelope that excludes the resource area.
(4) Encroachments.
(a) A building lot may extend into a Hazard or Level I resource area up to 10% of the minimum lot
size and only to the extent necessary to meet minimum lot size or frontage requirements for the
relevant zoning district.
(b) Other encroachments within Hazard, Level I, or Level II Resource areas regulated under Article
12 are limited to those allowed, subject to DRB review and approval, under Article 12.
(c) An Article 12 resource area may be improved to serve as green infrastructure (e.g., for
stormwater management or flood control) or as a civic space serving the subdivision as described
in these regulations.
(5) Site Features shall be identified and incorporated into subdivision design. Physical fragmentation or
legal subdivision shall be minimized;
(6) Scenic resources are protected by scenic view overlay districts.
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15.A.10 Street Network
A. Street Layout.
The arrangement of streets serving the subdivision must incorporate and extend the network of existing
and planned arterial, collector and local streets in the vicinity, including existing and planned streets
serving adjoining subdivisions, and as shown on the City’s Official Map and consistent with any applicable
Master Plan.
(1) Street Grid. The street grid must:
(a) Establish or extend an interconnected street grid that logically relates to existing site topography
(b) Maximize connectivity and provide for the future extension of streets of equivalent functional
class and other connecting rights-of-way or easements through adjoining properties.
(c) Define walkable blocks and produce useable building lots that meet the requirements of these
regulations
(d) Result in reasonable street grades and safe intersections
(e) Incorporate adequate stormwater drainage, and avoids or, where deemed necessary by the DRB,
minimizes encroachments within and mitigates adverse impacts to resources identified for
protection under Article 12.
(f) Incorporate existing and planned public streets, recreation paths and sidewalks in a similar
location and alignment as shown on the City’s Official Map and incorporate planned right-of-way
widths listed for public streets under Table 3-1. Applicants must provide the City with an
irrevocable offer of dedication for any planned right-of-way.
(g) Be oriented to maximize solar access and gain on abutting building lots and block faces. Longer
streets and block faces should either be aligned east-west or north-south, within 20 degrees of
true east or true north.
(2) Public Streets. The DRB shall require a street to be offered for dedication to the City as a public
street in accordance with the following:
(a) The proposed street will or could provide a future extension to an adjoining unaffiliated property
or to another existing, proposed, or planned public street.
(b) The DRB determines, upon recommendation from the Director of Public Works and Planning &
Zoning Director, that the significance of the proposed street within the City’s street network
warrants public ownership.
(c) Any street proposed or offered to be public must be built to public standards as enumerated in
these Regulations or associated Public Works Standards and Specifications.
(d) Any action to accept an offer of dedication shall be the sole authority of the City Council.
(3) Private Streets. The DRB may approve, or require, a proposed street to be a private street, as clearly
marked on the subdivision plat and in any applicable legal documents, in accordance with the
following:
(a) The proposed street will serve lots within a subdivision, master plan, or Planned Unit
Development serving non-residential uses only.
(b) The proposed street is a dead end street that cannot connect to an adjacent unaffiliated property
or street.
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(c) Homes built on a private roadway may be required to be sprinklered to the satisfaction of the
South Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed upon
prior to plat approval. This requirement may be waived be the DRB upon recommendation by
the City of South Burlington Fire Chief.
(4) Street Connections. Street rights-of-way must extend to adjoining property lines to allow for future
street, sidewalk, recreation path and utility connections at regular intervals, spaced according to
functional class, street type and, where applicable, required block lengths unless modified or waived
by the DRB under 15.01(E).
(a) The applicant must construct a connecting street or recreation path to the property line or
contribute the cost of completing to roadway complete construction. If a street or recreation
path is identified in the Impact Fee Ordinance, construction of planned improvements may
receive credit pursuant to the Ordinance.
(b) For phased development, the DRB may approve a street or other right-of-way on the subdivision
plat and condition subdivision approval on physically marking the right-of-way’s existence and
with one or more clearly visible signs indicating its location and future use. No further subdivision
or development may be allowed until the applicant constructs the street or other right-of-way.
(c) The DRB may require temporary turnarounds at subdivision boundaries, designed to City
specifications as approved by the City Engineer and Fire Chief. The applicant must then show on
the subdivision plat the right-of-way area to be returned to affected lots when street and
sidewalk extensions to abutting properties are constructed.
(d) Upon applicant request for full waiver of the requirement to build a street connection with right-
of-way to the property line, the DRB shall consider substitution of a right-of-way with recreation
path, sidewalk, or trail prior to granting any such waiver.
(5) Dead-End Streets. Dead-end streets, and cul-de-sacs are prohibited unless the DRB finds that
physical right-of-way limitations, legal constraints, incompatible land uses, or Hazards or Level I
Resources under Article 12 preclude required street connections.
(a) The Fire Chief and Director of Public Works must review and approve any requested waiver of
this prohibition. They may consider these Regulations, public works specifications, and
applicable fire codes in their review.
(b) A permanent dead-end street allowed by exception under this provision may not exceed two
hundred (200) feet in length measured to the center of the City-approved turnaround.
Hammerhead turnaround designs are the City’s preferred dead-end configuration.
(c) Gated access to neighborhoods is prohibited in all circumstances and is not waivable.
B. Access and Circulation.
Unless otherwise specified under these Regulations, the street grid and layout must be designed to:
(1) Provide a minimum of two (2) access points from an arterial or collector street to a subdivision with
more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal
buildings, unless otherwise approved or required by the DRB in consultation with the City Engineer
and Director of Planning & Zoning. These access points must be at least three hundred and fifty (350)
feet apart.
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(2) Signalized access points must align with existing intersections where possible or be separated from
existing, signalized highway intersections (as measured between the near edges of the driveway and
the intersection) based on street traffic volumes:
Table 15-1: Signalized Intersection Spacing
Projected Peak Hour Volume
(VPH per access lane) Distance (Feet)
Below 450 300’
450-550 350’
551-650 400’
651-750 450’
751 and greater 500’
(3) Provide for street intersections as close to ninety (90) degrees as possible, accounting for site
constraints.
(4) Incorporate traffic calming measures as necessary to reduce through traffic and traffic speeds within
residential and mixed-use neighborhoods.
(a) Include offset “T” intersections where appropriate for traffic calming. Centerline offsets of less
than two hundred (200) feet on local streets are not allowed unless specifically approved by the
DRB, in consultation with the Fire Chief and Director of Public Works.
(5) Provide deceleration, acceleration and turn stacking lanes as necessary to meet specified Level of
Service (LOS) standards under (D) below.
(6) Design intersections and other access points to City specifications to include curb radii necessary to
accommodate anticipated vehicle types and speeds and minimizing pedestrian crossing distances.
(7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe
sight distances, access separation distances, and accommodations for high-accident locations.
(8) Minimize vehicular access points (curb cuts) to abutting properties and building lots along
pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access
to frontage and other abutting building lots.
C. Street Design.
Street Types under Article 11.A specify required standards for designing, redesigning, modifying, or
reconstructing a street, except for an existing or proposed public street with separate engineering plans
developed by the City.
(1) The street type standard applicable to a proposed street or section of roadway shall be determined
by the DRB, in consultation with the Department of Public Works and Planning & Zoning Department,
based on supporting documentation and the following criteria:
(a) Any street type listed for a specific section of roadway, as shown on the Official Map or the
Official Zoning Map, shall be the applicable street type for purposes of these regulations.
(b) Eligible or allowed street types as specified by Zoning District, Transect Zone Building Envelope
Standard, or PUD type.
(c) Conformity to the stated intent of an applicable street type and intended uses and activities
listed for that type.
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(d) Consistency with planned, proposed or anticipated connections to or extensions of existing
streets.
(e) Consistency with the specified design speed and design vehicle and accommodate projected
traffic volumes at buildout.
(f) Ability to accommodate all anticipated users, including motorists, pedestrians, cyclists and
transit riders.
(g) Conformity with City Plan policies, and any long range studies, capital plans, and other related
city planning and policy documents specific to the street, the location, and the planned pattern
of development in the vicinity of the subdivision.
(2) All streets, including both public and private streets, must be designed by a Vermont licensed
professional engineer and constructed by the applicant or developer to City specifications, unless
otherwise specifically authorized by the DRB under final subdivision approval.
(3) Proposed street types and functional classifications must be identified on subdivision plans
submitted with the application.
(4) Street, streetscape, or any other construction or improvements within street rights-of-way must
conform to City engineering plans, as modified by the Director of Public Works.
D. Complete Streets.
Unless otherwise specified by Zoning District, Transect Zone, or PUD type, the subdivision must
incorporate sidewalks or recreation paths as required by Street Type under Article 11.A, other City
specifications, and Americans with Disabilities Act (ADA) requirements as applicable.
(1) Where a subdivision is proposed to front along an existing roadway, all elements of the Street Type
not present from the curb inward shall be installed by the applicant.
E. Functional Capacity and Transit-Oriented Development.
The nearest signalized intersection or those intersections specified by the DRB shall have an overall level
of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed
proposed PUD or subdivision. In addition, the level of service of each through movement on the major
roadway shall have a level of service “D” or better at full buildout.
(1) The DRB may require the upgrade or improvement of an existing street as necessary to serve the
proposed subdivision.
F. Street Names and Signs.
(1) Names. Proposed streets and their approved street names must be identified on the final subdivision
plat submitted with the application. Street names and numbering shall be provided and approved by
the Planning Commission in accordance with the City’s E-911 Ordinance prior to submission of the
final plat application.
(2) Signs. All street signs and posts will be provided and installed by the City at the expense of the
applicant. Street and other highway signs must conform to the South Burlington Sign Ordinance and
applicable Manual on Uniform Traffic Control Devices (MUTCD standards) in effect at the time of
application.
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ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
15.A.11 Sidewalks, Bike Lanes, and Recreation Paths
A. Purpose and Intent.
The subdivision layout, design, and proposed street network must facilitate pedestrian and bicycle access
throughout the subdivision and provide direct pedestrian and bicycle connections to the surrounding
development and street network.
B. Requirements
The applicant must demonstrate that subdivision layout, design, and proposed street network,
incorporates as applicable:
(1) Pedestrian-oriented streetscapes, as defined by Street Type under Article 11.A;
(2) Pedestrian sidewalks, crosswalks, and mid-block crossings that meet ADA requirements;
(3) Interior block pedestrian passages and walkways;
(4) Direct pedestrian access from the street to fronting building lots and civic spaces, and to existing and
planned transit stops;
(5) Bicycle access to all building lots, and existing and planned transit stops;
(6) Bicycle lanes by street type; and
(7) Existing and planned pedestrian trails and shared use paths identified in the City Plan or on the
Official Map.
C. Pedestrian Easement.
A permanent pedestrian easement twenty (20) feet wide may be required by the DRB to facilitate
pedestrian and bicycle circulation within the subdivision:
(1) Through any block that is five hundred (500) feet or more in length;
(2) As a continuation of a dead-end street;
(3) To provide direct pedestrian access to an existing or planned transit stop within or adjacent to the
subdivision; or
(4) In conjunction with a utility easement.
D. Additional Easements.
Additional pedestrian or recreation path easements must be reserved where planned public trail and
recreation path systems are located on the Official Map and City Plan and indicated on subdivision plans,
and shown on the subdivision plat.
15.A.12 Blocks and Lots
A. Blocks.
(1) Unless otherwise required under these Regulations, or as approved by the DRB under 15.A.01(B);
within residential and mixed use subdivisions:
(a) The block perimeter must not exceed 2,000 feet;
(b) The minimum block length allowed is 160 feet; and
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(c) The average block length (for all block sides or faces) must not exceed 500 feet.
B. Lots.
Building lots must be laid out to be developed in full compliance with their intended use and these
Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision:
(1) All proposed lots must be numbered, as shown on subdivision plans and plats.
(2) Building lots generally must be rectangular in shape, with side lot lines that are perpendicular or
radial to the abutting street, and rear lot lines that parallel the street, except as necessary to
accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and
Lot Lines). Irregular or oddly shaped building lots are prohibited, except for:
(a) A flag lot only as necessary to accommodate a back-lot subdivision or infill development within
an existing lot under 20,000 square feet, compliant with frontage requirements below.
(b) A triangular or trapezoidal building lot defined by abutting streets meeting minimum lot are
requirements; or
(c) A through lot with frontage on two parallel or intersecting streets that cannot be further
subdivided under minimum lot requirements, provided that front setback requirements can be
met on both streets.
(3) Frontage and Orientation.
(a) All building lots must front on a public or private street, a designated civic space, or a shared
courtyard with pedestrian access to the abutting street, or have a minimum twenty (20)-foot-
wide permanent legal right-of-way to access the property from a public street.
(i) A new infill flag lot may have less frontage than required for the applicable district with a
minimum of ten (10) feet of frontage.
(b) Building lots should be oriented and configured to minimize lot width (frontage) along the street.
The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be
allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot
access and parking.
(i) A new infill flag lot may be wider than it is deep to accommodate minimum lot size and create
a suitable house site on the lot.
(c) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut
side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured
to meet lot frontage and front setback or build-to-zone requirements on all abutting streets.
(4) Future Development Potential. Where proposed building lots exceed minimum lot area
requirements, the DRB may require that such lots be configured and developed in a manner that
allows for further subdivision and infill development.
(5) Building lots must be configured to comply with all relevant lot size, dimensional, and lot coverage
requirements under these Regulations, including, as appliable:
• Lot requirements under Section 3.05;
• Setback and buffer requirements under Section 3.06;
• Lot requirements specific to an allowed use under Article 14;
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ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
• Zoning district dimensional standards under Appendix C-2;
• Transect Zone Building Envelope Standards under Article 8;
• PUD or Building Type standards under Article 15.C and Article 11.C.
• Civic Space requirements under this Article
• Stormwater mitigation required under Article 12
(6) Special Cases.
(a) Public Dedication. Lots for existing or planned public facilities or uses (including public parks and
planned rights-of-way) shown on the City’s Official map or proposed for dedication to the City
must be labeled on the subdivision plan and plat.
(b) Temporary or permanent surface parking lots, where parking is the principal use, must at
minimum meet the minimum lot area requirement applicable to building lots, to allow for future
parking lot redevelopment. Such lots must also be shown on subdivision plans and plats
submitted with the application.
15.A.13 Mix of Dwelling Unit Types
A. Housing Mix.
A mix of dwelling unit types and mix of architectural features and styles must be provided within
neighborhoods and developments. For any subdivision with more than four (4) residential dwelling units,
a mix of two or more dwelling unit types (as allowed within the applicable zoning district) must be
provided. Types of dwelling units are differentiated by either housing type under Article 11.C or, within
multi-family structures with more than four (4) dwelling units, by number of bedrooms per unit. These
must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized
into sections of near-identical unit types. An applicant must demonstrate how this mix will be achieved
at the preliminary plat stage. Where a Planned Unit Development approved under Article 15C establishes
standards for a mix of dwelling unit or building types, those standards shall supersede these requirements.
15.A.14 Infrastructure, Utilities, and Services
A. Capacity of Community Facilities, Utilities and Services.
The applicant must demonstrate the proposed subdivision and development as timed and phased will not
exceed the existing or planned capacity of City facilities, utilities and services, including public schools;
police, fire protection and ambulance services; street infrastructure and maintenance; parks and
recreation facilities, and water supply, wastewater disposal, and stormwater management systems and
infrastructure.
The DRB has the authority to require any application under this section be phased to not cause a
disproportionate or unreasonable burden on any of the above community facilities, utilities, and services.
This may include creating more phases, extending the timeline for phases, and/or requiring installation of
facilities by the applicant at specific milestones in development.
B. Potable Water Supply and Wastewater Systems.
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The applicant must demonstrate that the proposed development complies with the City of South
Burlington Water Ordinance and Wastewater Ordinance.
(1) Private community or other onsite systems are not permitted within the City’s public Water and
Wastewater Service Areas. A community system outside of an existing service area may be allowed
only with approval from the DRB, the Department of Public Works, and the Vermont Department of
Environmental Conservation, under the Department’s Environmental Protection Rules and in
compliance with City and state standards.
(2) Existing or planned water supply and wastewater system capacity must be adequate to meet total
water demand and wastewater flows at buildout and at each phase of development, as evidenced
by City allocations of available reserve capacity. The applicant must apply to the Department of
Public Works for a preliminary allocation of available uncommitted water and wastewater system
reserve capacity in advance of or concurrently with submission of application for final subdivision
review.
(a) Preliminary capacity determinations are not binding on the City but may be used by the applicant
and DRB to determine that system reserve capacity, at the time of application, is sufficient. Final
capacity allocations will be issued by the Department only after the DRB issues final subdivision
approval.
(b) Capacity allocations are not transferrable and unused allocations expire in accordance with the
City of South Burlington Water Ordinance.
(3) Utility corridors and easements must be shown on subdivision plans and plats submitted with the
application. Water and sewer mains must be located within public rights-of-way or, with approval
of the DRB and the Department of Public Works:
(a) within other property owned by the City; or
(b) within a restrictive, perpetual utility easement granted to the City of sufficient width to allow
access for maintenance and repair work.
(4) The DRB, in consultation with the Department of Public Works and Planning & Zoning Department,
may also request that the applicant overdesign required system improvements, including pipes and
pumping stations, as necessary to also serve adjoining parcels, or to comply with planned system
improvements, subject to review and approval by the City Council.
(a) If requested improvements are approved by the City Council in advance of final subdivision
approval, system infrastructure must be installed by the applicant as approved, and the City shall
reimburse the applicant or developer for any additional cost in installing a larger system.
(b) If the City Council does not approve requested improvements, the applicant will not be required
to comply with the DRB or Department request.
C. Fire Protection.
The subdivision must be laid out to ensure that adequate fire protection can be provided in accordance
with City specifications.
(1) Fire hydrants connected to the municipal water system must be located and designed to meet City
specifications, as determined by the Department of Public Works and City Fire Marshal. For a
subdivision that is not connected to the municipal system, the DRB may require the subdivider to
install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as
recommended by the Fire Marshall.
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South Burlington Land Development Regulations
D. Stormwater Facilities.
The applicant must demonstrate that stormwater management system serving the subdivision has been
designed to meet City standards and specifications under Article 13 of these regulations and the South
Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater
Systems.
(1) Planned Unit Developments. For the purposes of Section 13.05B, in a Planned Unit Development,
the applicant shall calculate the impervious coverage on the entire PUD, rather than lot or parcel
E. Utilities and Services.
The applicant must demonstrate that subdivision design has been coordinated with utility companies
serving the proposed subdivision for the DRB to determine that adequate service capacity exists and that
the areas identified for utility installation (shown on subdivision plans and plat) meet the requirements of
these Regulations.
(1) Utility connections must be provided to each building lot, and to other subdivision lots on which
service is necessary or required.
(2) Utilities must be located within street rights-of-way, or within permanent utility access and
maintenance easements identified on subdivision plans and plats.
(3) New electrical, natural gas, telephone, internet, cable television, and outdoor lighting systems must
be installed underground, unless prevented by ledge or other physical constraints that make burying
utility lines cost-prohibitive.
(4) Utility lines or corridors must be located and designed in a manner that is compatible with the
extension of utilities and services to adjacent properties.
F. Street and Sidewalk Lighting.
Where provided along local and collector streets, street and sidewalk lighting must be pedestrian-scaled
12 to 14 feet in height to ensure pedestrian safety. Overall illumination levels should be consistent with
the character of the neighborhood, have smooth levels of illumination (rather than hotspots) and
minimize light trespass to the lowest level consistent with public safety.
G. Renewable Energy Facilities.
The applicant must demonstrate that, to the extent physically feasible, reasonable, and as appropriate to
its development context, the subdivision has been designed to include one or more of the following as
indicated on subdivision plans and plats:
(1) Street and building lots oriented to maximize solar access and gain, for passive solar construction or
rooftop solar installations;
(2) Parking lots or structures designed and constructed to accommodate and support electric vehicle
infrastructure, including charging stations, solar canopies, and rooftop solar installations;
(3) One or more suitable open areas (“solar lots”) within the subdivision specifically designated for a
ground-mounted community or neighborhood solar installation;
(4) Solar access easements, as necessary to maintain solar access across adjoining building lots or
properties; and
(5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction
within the subdivision.
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15.A.15 Required Improvements
A. General Standards.
All required improvements must be designed and installed in accordance with the design standards,
development requirements, specifications and procedures set forth in these Regulations and other
applicable City regulations and standards. Installation and design standards apply to both public and
privately owned required improvements. Proposed privately owned streets and other improvements
shall be marked as such on the final plat.
B. Reference Monuments.
Permanent reference monuments, as shown on the final subdivision plat, must be set in concrete for all
corners and angle points of the boundaries of the subdivision and as required by the City Engineer for new
roads. Lot corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located
in the ground to finish grade.
C. Modification of Design or Improvements after Approval.
If at any time after approval before or during the construction of the required improvements, the
subdivider demonstrates that unforeseen conditions make it necessary or preferable to modify the
location or design of structures, utility cabinets, curb cuts, roads, parking lots, lighting, or landscaping,
such minor alterations may be authorized by the Administrative Officer pursuant to the standards in
Section 14.05(H) for as-built plans and field changes, upon the advice of the City Engineer. Such
authorization may be provided if the proposed changes are within the spirit and intent of the
Development Review Board's approval and that they do not waive or substantially alter the function of
any improvements previously required by the Development Review Board. The modification of minor
engineering or construction details or improvements may be authorized by the City Engineer without
further approval, provided such changes do not alter the approved function, location or design of
structures, curb cuts, roads, or parking lots.
D. Inspection of Improvements.
The City Engineer may, at their discretion, perform inspections as needed during the installation of
required improvements to verify the satisfactory completion of required work.
E. Proper Installation of Public Facilities and Improvements.
Prior to the release of any bond, escrow account, or letter of credit pursuant to Section 17.16, the
subdivider or developer must submit to the City Engineer as-built construction drawings, certified by a
licensed engineer. The City Engineer shall then inspect the required public facilities and improvements.
In the event deficiencies are found and are not remedied by the subdivider or developer, the
Administrative Officer shall notify the holder of the surety and take all necessary steps to preserve the
City's rights under any performance bond, escrow account, or letter of credit.
F. Acceptance of Required Improvements.
The City Council is not required to accept any public street, facility, or improvement. City acceptance of
proposed public streets and required public facilities and improvements must conform to procedures
established by the City Council. Acceptance shall not take place until after the City Engineer has
determined that required public facilities and improvements have been satisfactorily completed and after
all bonds, escrow accounts or letters of credit, other than an amount that may be required to cover
maintenance and guarantee work for a two-year period, have been released or closed.
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ARTICLE 15.B MASTER PLAN REVIEW
South Burlington Land Development Regulations
15.B MASTER PLAN REVIEW
15.B.01 Purpose
15.B.02 Applicability
15.B.03 Master Plan Review and Approval Process
15.B.04 Review Standards
15.B.05 Master Plan Effect
15.B.06 Amendment
15.B.07 Master Plan Components
15.B.01 Purpose
Under these Regulations, a “Master Plan” is a plan for integrated, long-term development of a lot or lots
of land prescribing the overall pattern, type, density, form, and timing of development. Master Plan
review and approval by the Development Review Board (DRB) is intended to:
• Establish the framework for the orderly, well-planned, efficient, and integrated development of a
large lot or lots of land with clear development potential, phased development projects, and/or
projects planned for development over several years;
• Identify and address the impacts of more complex or phased development on nearby development
and resources protected under Article 12;
• Ensure the location, timing, and rate of proposed development does not exceed the capacity of the
City to provide, upgrade, or expand municipal infrastructure, facilities, and services in an efficient
manner;
• Create logical development phasing related to existing and planned infrastructure capacity, required
improvements, and provision of open space;
• Define roles, responsibilities, and management structures for development and long-term
management of a project;
• Assure the applicant that a development under an approved, unexpired Master Plan is governed by
regulations in effect at the time of master plan approval.
15.B.02 Applicability
A. Required Approval.
Master plan review and approval by the DRB is required for:
(1) Any land subdivision or site development proposed to be constructed over two (2) or more phases,
three (3) or more years, or both.
(2) Any tract or parcel of land over two (2) acres with clear development potential beyond what is
presented in an application.
(a) The DRB shall consider the size of the lot, number of potential lots, existing buildings or other
development, if building types are proposed for the proposed lots, if proposed density is less
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South Burlington Land Development Regulations
than minimum residential density, and difference between the proposed number of lots or units
and the potential lots or units under the regulations in making this determination.
(3) A lot in existence as of [ADOPTION DATE] with two (2) acres or more of buildable area are eligible for
a one-time exemption from the Master Plan requirement for subdivision of a single, contiguous
development area of up to two (2) acres if more than two (2) acres of buildable area with clear
development potential remain on the original lot.
(a) Subdivision review and compliance with subdivision standards under Article 15.A are still
required.
(b) The development area may be subdivided into any number of lots that otherwise comply with all
requirements of Article 15.A and all applicable requirements of these Land Development
Regulations.
(c) Minimum density requirements of Article 15.A.08G do not apply in the exempted development
area.
(d) The DRB shall not require an application utilizing this one-time exemption to complete a master
plan for the exempted development area.
B. Elective Review.
An applicant may request Master Plan review for any project that involves two (2) or more acres in any
zoning district, except the City Center FBC District.
15.B.03 Master Plan Review and Approval Process
The following procedures apply to project for which master plan review is requested or required:
A. Sketch Plan Review
Sketch Plan Review is required for all Master Plans.
(1) Purpose and Effect. Master Plan Sketch Plan review is the mandatory first review of an application
by the DRB. At this stage, the DRB will determine Master Plan review is required or not required. The
applicant may elect to complete Master Plan even if the DRB determines it is not required.
(2) Pre-Application Meeting. The applicant must meet with Planning and Zoning Department Staff to
review application requirements, relevant codes and standards, and proposed phasing schedules,
prior to submitting an application for sketch plan review.
(3) Submission Requirements. Application for Master Plan Sketch Plan review must include, at
minimum, a project description under 15.B.04B and development plan under 15.B.04E. Application
may include any additional submission materials under 15.B.04 the applicant chooses to support
their application.
(4) Determination of Master Plan Requirement at Subdivision Sketch Plan. The applicant may be
required to submit additional materials required under (3) for the Subdivision Sketch Plan to be
considered a complete application for Master Plan Sketch Plan.
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(5) Combined Review. Any application that proposes to combine Master Plan review with Preliminary
Subdivision review for all or part of the Master Plan area must meet submission requirements for
both Master Plan Sketch Plan and Subdivision Sketch Plan at this stage.
B. Master Plan Application.
(1) Timing. Sketch Plan review expires six (6) months after the date of the final sketch plan review
meeting by the DRB. To proceed with a Master Plan application, the Applicant must submit an
application for subdivision or master plan before expiration of Sketch Plan review.
(a) If the Master Plan includes proposed subdivision of land, submission of a Master Plan application
must occur before or concurrent with any application for Preliminary Subdivision review under
Section 15.A.05 for all or a discrete phase of the area in the Master Plan.
(b) If no subdivision of land is proposed, submission of a Master Plan must be before or concurrent
with application for Site Plan review under Article 14.
(2) Submission Requirements. The Master Plan application must include the components required in
15.B.07. The Master Plan must generally conform to the layout shown on the Sketch Plan, and
incorporate recommendations made by the DRB.
C. Combined Review.
At applicant request, Master Plan review may be combined with Preliminary Subdivision or Site Plan
review for the entire development or for a discrete phase.
(1) Timing. Any applications to be reviewed concurrently under combined review must be submitted
concurrently.
(2) Submission Requirements. The requirements for both Master Plan and Preliminary Subdivision or
Site Plan must be met for any phase being reviewed concurrently with Master Plan review.
(3) Decision and Findings. The DRB must issue separate findings of fact and conditions of approval (if
any) specific to Master Plan and Subdivision or Site Plan.
D. Public Hearing.
Following the submission of a complete application, the Administrative Officer must schedule and the DRB
must hold a warned public hearing on the master plan application as required under 24 V.S.A. §§ 4463
and 4464 and Section 17.09(F) of these Regulations.
E. Neighborhood Meeting.
Master Plan applicants must conduct at least one (1) neighborhood meeting, at the applicant’s expense,
in the neighborhood where the project is located to present the proposal, provide opportunity for public
questions and comments, and allow the applicant to identify and address potential neighborhood
concerns in advance of the formal hearing process.
(1) The neighborhood meeting must be held within thirty (30) calendar days before or after filing the
master plan application, and no less than seven (7) calendar days prior to the first public hearing.
(2) The meeting must be held on a weekday evening or a Saturday, in an ADA-accessible building open
to the public in the City of South Burlington, and not on the same day as a regularly-scheduled
Development Review Board or City Council meeting.
(3) A meeting invitation must posted on the development site and mailed to all property owners with
property located within 500 linear feet of the property line at least seven (7) calendar days in advance
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of the meeting. The invitation must include a brief project description and the date, time, and
location of the meeting. A digital copy of the meeting notice must also be provided to the
Administrative Officer at least seven (7) calendar days in advance.
(4) The meeting must include an overview of the project, an opportunity for all members of the public
to offer verbal input, and acceptance of any written input.
(5) The applicant must submit the meeting attendance list and meeting minutes to the Administrative
Officer for the public hearing record to be reviewed by the DRB.
15.B.04 Review Standards
A. Findings.
To approve a Master Plan, the DRB must find that:
(1) The Master Plan includes all the components required under Article 15.B in sufficient detail to
provide the framework and standards for future development under the Plan, unless specifically
waived by the DRB as not applicable to the proposed subdivision or development;
(2) The overall type, pattern, and planned scale of development, and allocation of land uses, are
consistent with these Regulations and other City regulations in effect at the time of application,
including Article 15.A.08G Minimum Residential Density, as applicable;
(3) The proposed Development Plan demonstrates the efficient, coordinated, and integrated
development and use of land which:
(a) Considers existing topography and physical site constraints;
(b) Avoids or minimizes and mitigates the impacts of future development on environmental
resources identified for protection, as enumerated in Article 12, and as incorporated into the
overall design;
(c) Defines an overall pattern of development, including proposed streets and blocks, that is
consistent with the zoning district or proposed type of planned unit development and
accommodates the required minimum residential density under Article 15.A.08G;
(d) Maintains or improves street, pedestrian, and transit connectivity, and contiguous or accessible
open space with the adjoining neighborhood, and within and between each phase of
development;
(e) Avoids, or minimizes and mitigates the adverse impacts of development on adjacent properties
and uses, through the designation of transition areas or buffer areas along the project perimeter;
and
(f) Includes adequate standards specific to each type and phase of development, to include
guidance for the functional and aesthetic integration of development with the surrounding
neighborhood, and provisions for buffering or screening incompatible land uses;
(4) The Buildout Budget sets reasonable development parameters for the entire project and allocated
for each phase of development to coordinate with the City’s planning for infrastructure, facilities,
and services;
(5) The Phasing Plan and Schedule:
(a) are consistent with the City’s adopted Capital Improvement Program;
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(b) ensure all phases of development will occur in an orderly fashion; and
(c) infrastructure and facility improvements necessary to support each phase of development will
be provided concurrently with such development;
(6) The Management Plan:
(a) defines a management structure for the duration of the Master Plan that supports long-term
project viability through project buildout;
(b) identifies principals or entities responsible for securing necessary municipal permits and
approvals for development under the Master Plan; and
(c) clearly identifies proposed ownership and responsibilities for the long-term management,
maintenance and operation of capital and community assets, including any proposed dedications of land,
facilities and infrastructure to the City.
15.B.05 Master Plan Effect
A. Decision.
When granting approval of a Master Plan, the DRB shall make specific findings of which components of
the Master Plan are vested, based on the type, level, and detail of information provided in the Master
Plan, and the level of review and review processes required for subsequent applications filed under the
Master Plan. The DRB may specify in its decision allowed modifications or changes under the Master Plan
which require only administrative review and approval by the Administrative Officer.
B. Effect.
Once a Master Plan has been approved, all subsequent land subdivision and development must conform
to the Master Plan as approved. Master Plan approval is binding upon the applicant, the owner(s), their
agents, and successors in interest.
C. Subsequent Phases.
For any land subject to a current Master Plan:
(1) For subsequent regulatory reviews under an approved, valid Master Plan, the regulations in effect at
the time of Master Plan approval shall apply to vested elements under Subsection(C)(1).
(2) For vested elements, regulations enacted following master plan approval shall apply only as
necessary to address public health and safety.
(3) A new Sketch Plan review is not required before an application for a Preliminary Subdivision or Site
Plan review for a phase of the approved, valid Master Plan if the phase proposed is consistent with
the approved, valid Master Plan and conditions of approval.
(4) Preliminary Subdivision and/or Site Plan review is required prior to final Subdivision or Site Plan
Review and approval, unless Preliminary review occurred concurrently with Master Plan approval, or
is waived by the DRB.
D. Duration, Expiration.
(1) A Master Plan shall expire ten (10) years from the issuance of the first zoning permit under the
Master Plan.
(2) The Master Plan shall remain in effect until it expires, the development allowed by the plan is
completed, or the plan is amended or superseded.
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(3) An expired Master Plan may not be extended, renewed, or amended.
(a) A new Master Plan application identical or substantially similar to an expired Master Plan may be
re-submitted for complete Master Plan review under the regulations in effect at time of
application.
(4) Pursuant to 24 V.S.A. § 4463, any site plan or subdivision plat (with any associated conditions of
approval) recorded in City of South Burlington land records governed by an approved Master Plan at
time of approval shall remain in effect as recorded following Master Plan expiration.
15.B.06 Amendment
Amendments to an approved, valid Master Plan are either minor or substantial, as follows.
A. Minor Amendment. A Minor Amendment to an approved Master Plan is any amendment that
includes a material change but does not deviate substantially from the approved Master Plan and
does not alter the overall buildout budget. It may include reallocation of budgeted development
parameters between development phases.
(1) A Minor Amendment must be reviewed and approved by the DRB. It does not require full Master
Plan review.
(2) The DRB will review a Minor Amendment under the Regulations governing the Master Plan.
(3) A Minor Amendment may be reviewed and approved concurrently with an application for
preliminary or final subdivision or site plan review without Master Plan Sketch Plan review.
B. Major Amendment. A Major Amendment to an approved Master Plan is any amendment that
significantly differs from the approved Master Plan. Determination of significance shall be made by
the Administrative Officer applying the following standards.
(1) A difference is significant if it differs in one or more of the following respects:
(a) Adding land or properties that were not included in the approved Master Plan;
(b) Significantly altering the approved development plan including, but not limited to, a change in
the overall pattern of development (e.g., arterial and collector streets, street layout,
connectivity), allocated land uses, a significant change to the location and size of permanent
open space, designated development areas, or civic spaces, and the allocation of development
densities and land uses;
(c) Significantly altering the development at full buildout including, but not limited to, a significant
increase in total site coverage, a significant increase in peak hour trips, and/or other parameters
that require additional infrastructure, facilities, or services; or
(d) Significantly altering the approved development plan and phasing schedule.
(2) Four or more Minor Amendments within five years requires of next amendment as a major
amendment (?)
(2) A Major Amendment requires full Master Plan review and approval, including Master Plan Sketch
Plan review and required pre-application meetings.
C. Reserved for Future Use. Lands designated as “Reserved for Future Use” on an approved Master
Plan are not eligible for any amendment to allow any development within the effective period of the
approved Master Plan.
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15.B.07 Master Plan Components
A Master Plan application must include each of the following unless waived by the DRB as not applicable
to a particular project. Higher levels of detail provided at the Master Plan stage may reduce the extent of
future review. Requirements are numbered for reference purposes, not to indicate priority, order, or rank.
A. Project Description.
A map, narrative, and accompanying table(s) describing:
(1) The overall vision and scope of the proposed development;
(2) The land area and properties in each phase of development;
(3) Current property ownership and contact information;
(4) Current zoning districts applicable to the Master Plan area;
(5) Proposed Planned Unit Development (PUD) type(s) under Article 15.C, as applicable; and
(6) Any requested modifications or waivers, as allowed under the Regulations.
B. Context Report.
A map and narrative describing the existing and planned pattern and type of development in surrounding
area, and existing and planned City facilities, services, and infrastructure in the vicinity of the project. This
must include:
(1) Existing parcels, existing and planned streets and blocks, recreation paths, transit routes,
buildings, land uses, parks, civic spaces, and other open spaces and community facilities located
within ¼ -mile of project boundaries;
(2) Proposed street, recreation path, transit, infrastructure, and open space connections between
existing, planned, and proposed development;
(3) Hazards, and Level I and Level II Resources regulated under Article 12;
(4) Prevalent pattern of land subdivision and development in the Planning Area, as defined by block
lengths; lot size and front lot line lengths; front, side, and rear setbacks; building height and
coverage; civic spaces, and existing parking arrangements;
(5) Streetscape elements, including the placement, orientation, and spacing of buildings along the
street, existing and planned sidewalks, and existing or planned landscaping, street furniture, and
lighting;
(6) Building types and styles, including any prevalent or character-defining architectural features;
(7) The planned character of the area as planned by the City as identified in the City Plan; and
(8) Approved, to-be-built or recently built (within ten (10) years) development projects in the
Planning Area.
C. Existing Conditions Report.
An Existing Conditions Map and narrative that depicts and describes existing conditions on the full project,
including:
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(1) Geography of the parcel, including elevation contours, surface waters, wetlands, and other
natural features;
(2) Location of Natural resources regulated under Article 12, mapped as specified in Table 12-01;
(3) Existing streets, blocks, and utility corridors, including existing rights-of-way; and
(4) Existing land uses and structures, including any historic sites or structures listed or eligible for
listing on the Vermont State Register of Historic Places.
D. Development Plan.
One or more maps and narrative depicting the overall pattern, type, and density of development proposed
for the entire project and for each phase of development, including:
(1) Any designated Civic Spaces or Site Amenities;
(2) Any land area for renewable energy production;
(3) Proposed street network, including location of streets by Street Type and any existing or proposed
rights-of way, easements, or intersections;
(4) Proposed recreation paths, transit routes, infrastructure, and utility corridors and easements
between and serving each phase of development;
(5) One or more designated Development Areas including designated residential areas, nonresidential
areas, mixed use areas, civic space areas by Type under Article 11.B, and principal or shared parking
areas;
(6) Any proposed transition areas;
(7) Existing buildings to be incorporated in proposed development or redevelopment;
(8) Typical building lot dimensions and configurations consistent with applicable subdivision and zoning
district regulations, or PUD type, and for designated transition areas as necessary to complement or
match the adjoining pattern of development;
(9) Typical building types, as applicable and referenced under Article 11.C; and
(10) Any land, facilities, or improvements proposed for public dedication, consistent with the City’s
adopted Official Map.
(11) Land area to be conveyed as dedicated open space to the City of South Burlington or to a qualified
land trust.
(12) Land area designated as “reserved for future use” that cannot be included in a Master Plan or
development within ten (10) years of initial approval of the Master Plan.
E. Summary Statistics.
The following project statistics or metrics must be provided for the entire project area and for each phase
of development, unless waived by the DRB as not relevant or applicable to a particular project:
(1) Total lot area, and the area associated with each phase of development, in acres; for protection
under Article 12 by resource level (Hazard, Level I, Level II); and the area, in acres, of any
designated Conservation Area(s) or lots;
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(2) Total area, in acres and square feet, included in existing and planned street rights-of-way; the
number and length in feet of proposed streets by Street Type, and the number of street
intersections;
(3) Total number of existing and planned blocks; and the block perimeter and block length for each
block, in feet;
(4) Total Buildable Area, in acres and square feet;
(5) Number of proposed dwelling units by housing or building type within each designated
Development Area;
(6) If applicable, number of additional dwelling units by housing and building type within each
designated Development Area required to meet the planned Minimum Residential Density; and
(7) Other statistics or data required by the DRB as necessary to determine conformance with relevant
standards under these Regulations.
F. Buildout Analysis and Budget.
Based on the statistics provided under (F) above, the applicant must also provide an analysis for each of
the following as allocated for each phase of development, for use in determining the project’s total
“Buildout Budget”:
(1) Acreage allocations by land use or building type, as percentages of the Buildable Area within
designated Development Areas;
(2) Total dwelling units;
(3) Minimum percentage, and area in square feet, of required civic space(s) within designated
Development Areas;
(4) Maximum peak hour vehicle trip generation rates, by commercial, residential, industrial, or other
use type;
(5) Maximum water supply and wastewater system demand, by commercial, residential, industrial,
or other use type;
(6) Maximum total impervious surface (percentage, total square footage), and volume of stormwater
runoff per designated Development Area; and
(7) Other measures or parameters required by the DRB as necessary to identify and limit the
forecasted impacts of development on municipal facilities, infrastructure and services, and
properties and uses within the vicinity of the project.
G. Phasing Plan.
The application must include a Phasing Plan. The Phasing Plan must:
(1) Identify and describe each phase of development, including the properties included, designated
development areas by use type, major streets, supporting infrastructure and facility
improvements, civic spaces, and other public amenities to be provided prior to or in association
with each phase;
(2) Schedule for development phases (including timing and sequence) over the period covered by the
Master Plan, consistent with the City’s adopted Capital Improvement Program and Official Map,
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that considers and outlines any long-range planning (longer than ten (10) years) for areas in the
Master Plan area;
(3) Each proposed phase must incorporate one or more distinct areas and include the infrastructure
and facilities necessary to support that phase of development; and
(4) Any temporary or interim structures or uses (e.g., buildings, parking, construction, or staging
areas) intended for conversion or redevelopment in a subsequent phase must be identified in the
phasing plan.
H. Management Plan.
A narrative description of the proposed management structure responsible for project development
including:
(1) All principals or entities with direct control over and responsibility for:
(a) financing
(b) permitting
(c) construction
(d) long-term ownership
(e) management
(f) operation
(g) maintenance of capital and community assets
(h) completion of development under the Master Plan
(2) Any property proposed for public dedication under each phase of development for
consideration by the DRB or under development agreements to be approved by the City Council,
including, but not limited to:
(a) streets
(b) infrastructure
(c) facilities
(d) civic spaces
(e) other open spaces
(f) other property proposed for public dedication consistent with the City’s adopted Official
Map and Capital Improvement Plan
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15.C PLANNED UNIT DEVELOPMENT
15.C.01 Authority and Purpose
15.C.02 Applicability
15.C.03 Planned Unit Development Review
15.C.04 PUD Standards Applicable to All PUD Types
15.C.05 Traditional Neighborhood Development (TND)
15.C.06 General PUD
15.C.01 Authority and Purpose
A. Purpose.
A Planned Unit Development is a specific type of subdivision that allows flexibility from some Land
Development Regulation standards in effective exchange for thoughtful, intentional, community-oriented
design. The purpose of a Planned Unit Development (PUD) is to promote more unified and integrated
form of planned development to achieve stated community goals and objectives in conformance with
the City Plan including developments that specifically:
• Promote efficient and cost-effective use of land, infrastructure, facilities and services;
• Integrate, complement, and connect with adjoining neighborhoods, properties, and uses;
• Foster compact, walkable, pedestrian-oriented residential neighborhoods and mixed-uses;
• Incorporate a well-integrated mix of housing types and styles serving a range of incomes, ages,
and household sizes;
• Incorporate transit-supportive development patterns along existing and planned transit routes;
• Infill and redevelop areas of the City served by municipal water, wastewater, and stormwater
management systems; and
• Develop or redevelop energy-efficiently, including incorporating facility installations appropriate
to the development context.
B. Authority.
(1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to approve,
to approve with modifications and conditions, or to deny an application for a Planned Unit
Development (PUD).
(2) Under the same statutory authority, the DRB can modify the requirements of the Land Development
Regulations subject to the standards and conditions for Planned Unit Development, as regulated
under 15.A.01.
15.C.02 Applicability
A. Effect.
(1) For purposes of these Regulations, a Planned Unit Development (PUD) is an unmapped overlay
zoning district or “Floating Zone,” applied to a lot or lots proposed for subdivision and development.
(2) Where PUD standards differ from underlying zoning district, site plan, subdivision, or other LDR
standards, PUD standards shall apply, except Article 12.
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(3) A PUD may involve one or more contiguous properties incorporated under a common PUD
application. All properties must come under the direct control of the applicant as required for
subsequent permitting and development.
B. PUD Types.
The following types of Planned Unit Development are authorized under these Regulations by Zoning
District (Table 15.C.1), subject to the associated provisions and standards of review for each PUD type:
(1) Traditional Neighborhood Development (TND PUD) under Article 15.C.05
(2) General PUD under Article 15.C.06
C. PUD Availability by Zoning Districts.
(1) Availability of PUD review is determined by Zoning District and lot size.
(a) TND PUD is allowed in Low-Scale Neighborhood (LSN) and Medium-Scale Neighborhood (MSN)
on any lot with buildable area of four (4) acres or more.
(b) General PUD is allowed for amendments to existing PUDs pursuant to 15.C.06C(1).
(c) General PUD is allowed for new PUDs in Industrial-Agricultural (I-A) and Airport (AIR).
(2) A PUD with land in two or more underlying zoning districts must be an allowed PUD type in each
zoning district.
(a) In association with Master Plan or PUD approval, the DRB may extend underlying district
regulations, and associated PUD provisions, by up to fifty (50) feet in either direction of the
zoning district line, consistent with Article 15.A.08(C).
(3) Civic space(s) for a PUD may be located on a portion of the PUD property in the Natural Resource
Protection District (NRP) (as otherwise consistent with these regulations) without the PUD type
having to be allowed otherwise in the NRP.
15.C.03 Planned Unit Development Review
A. Process, Applicable Regulations, and Combined Review.
(1) A PUD is subject to Major Subdivision regulations under Article 15.A.
(2) A PUD is subject to Master Plan regulations under Article 15.C.
(3) A PUD must comply with any applicable standard in these Regulations not superseded, modified, or
waived by the DRB during PUD review.
(4) A PUD must comply with other applicable City ordinances and regulations in effect at the time of
application, as listed in Article 15.A.08D.
(5) Combined Review.
(a) Review for compliance with Article 15.A occurs within the same process as review under this
Article 15.C.
(b) Review under Article 15.C requires Sketch Plan Review (15.A.05), Preliminary Site Plan Review
(15.A.06), and Final Subdivision Review (15.A.07).
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(c) If new Master Plan is required, the DRB may combine Master Plan review with Preliminary
Subdivision Review for one or more phases of PUD development at applicant request.
(d) If no new Master Plan is required, the DRB may combine Preliminary and Final Subdivision
Review for one or more phases of PUD development at applicant request.
B. Application Requirements.
(1) The application for a proposed PUD must include the following:
(a) All submission materials required for Subdivision Review under 15.A.
(b) All submission materials required for Master Plan review under 15.B, if the applicant requests
combined review of PUD and Master Plan.
(c) A statement and description of PUD conformance with the City Plan in effect at the time of
application, including applicable land use, development, and infrastructure policies specific to
the area proposed for development.
(d) Documentation of project conformance with any proposed, previously approved or amended
Master Plan for the PUD in effect at the time of application.
(e) A statement and description of project conformance with the description, intent, defining
characteristics, and design standards of the PUD type(s) proposed.
(f) A list and description of requested modifications, waivers, or other forms of relief sought that
differ from the standards of the selected PUD type.
15.C.04 PUD Standards Applicable to All PUD Types
A. Conformance with the City Plan.
The proposed PUD must conform to the City Plan in effect at the time of application. Conformance with
the Plan in this context means that the proposed PUD must:
(1) Advance any clearly stated Plan policies and objectives specific to the type and location of the
proposed development;
(2) Incorporate preferred settlement patterns, including future land uses and scale of development
referenced in the land use plan, consistently with PUD standards specific to PUD type; and
(3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the utilities and
facilities plan, as implemented under the City’s adopted Capital Improvement Program (CIP) and
Official Map.
B. Conformance with Master Plan.
Each phase of a PUD developed in one or more phases must have and conform to an approved, valid
Master Plan, as approved or amended by the DRB under Article 15.B.
C. Allowed Uses.
Allowed uses within a PUD, unless otherwise expressly allowed or prohibited by PUD type, include any
use listed in Appendix C as a permitted or conditional use in the underlying zoning district(s) that can be
accommodated within designated land use allocations and allowed building types.
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(1) Conditional uses allowed within the underlying zoning district shall be considered permitted uses
within a PUD. Separate conditional use review and approval shall not be required.
(2) New drive-through facilities are prohibited in a PUD.
D. Development Density.
(1) Buildable Area. The “Buildable Area” within a PUD is as defined under 15.A.08(A)(2).
(2) Future Development Potential. PUDs must be designed to accommodate future development of any
undeveloped or underdeveloped areas of the PUD under 15.A.12(B)(4) and show any future
development on the Master Plan as required by the DRB.
(3) Maximum Development Density. The maximum development density within a PUD is based on the
total buildable area, proposed land uses, the allowed mix of building types, and associated building
lot dimensional standards as specified by PUD type or underlying district.
(a) The DRB may allow modification under 15.A.01E.
E. Street, Building, and Civic Space Types.
Where applicable, PUD types include a list of allowed Street Types (Article 11.A), Civic Space Types (Article
11.B), and Building Types (Article 11.C), representing the key elements necessary to achieve the desired
form, density and mix of development specific to that PUD type.
F. Solar Siting Preferences.
Applicants are encouraged to incorporate renewable energy facilities, preferably roof-mounted solar
energy facilities compatible with PUD layout and design located on principal structures, accessory
structures, and parking structures. Areas reserved for ground-mounted solar installations serving the
development must be indicated on the PUD Master Plan and on preliminary and final subdivision plans.
15.C.05 Traditional Neighborhood Development (TND)
A. Description, Purpose.
A Traditional Neighborhood Development (TND) is a type of planned development intended to create a
more compact, pedestrian-oriented neighborhood development with a discernable center; walkable,
interconnected residential streets and blocks; a variety of housing types fronting on local streets; and
smaller civic spaces and facilities strategically located throughout to serve neighborhood residents. A TND
may include one or more distinct, but interconnected neighborhoods that can be traversed from center
to edge in a ten- to fifteen-minute walk, approximately ¼ to ½ mile.
B. TND Characteristics.
Defining characteristics of a Traditional Neighborhood Development (TND) include:
• Predominantly residential uses with limited supporting civic and neighborhood commercial uses.
• Efficient, highly interconnected local street, sidewalk and path network that accommodates all users,
while also limiting through traffic on neighborhood streets.
• Walkable, pedestrian-oriented blocks, building lots, and streetscapes that include continuous,
uninterrupted, ADA-compliant sidewalks.
• Recreation paths within greenways or along busier streets that connect with the adjoining
neighborhood.
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• Direct pedestrian access to transit facilities, and neighborhood goods and services located within
easy walking distance (¼- to ½-mile) of neighborhood areas.
• A variety and integrated mix of housing types oriented to and front directly on local streets,
courtyards, or civic spaces.
• A well-defined civic space, such as a centrally located square or green, that serves as the focal point
of the neighborhood, contributes to neighborhood identity, and accommodates neighborhood
gatherings.
• Smaller civic spaces and facilities, such as pocket parks and playgrounds, within direct walking
distance (¼-mile) of neighborhood residences.
• Vehicle access to adjoining lots primarily from a rear alley, side street, or shared service lane or
driveway.
C. Applicability.
There are two types of TNDs, a full TND and an Infill TND.
(1) A full TND must incorporate one or more contiguous or highly interconnected Development Areas,
with a total Buildable Area of ten (10) acres or more.
(2) An infill TND may incorporate a designated Development Area with a Buildable Area of at least four
(4) acres but less than ten (10) acres.
D. TND Dimensional Standards.
A TND must meet TND acreage, land use allocation, density, coverage, height, building, and building lot
dimensional standards under Table 15.C.06-1 unless modified or waived by the DRB. Building and building
lot standards also vary by Building Type allowed within a TND, as listed under Table 15.C.06-2B.
(1) Within an TND under ten (10) acres, the DRB may, in its discretion, provide a credit for up to 50% of
the required Civic Space area if the Applicant demonstrates a safe, walkable connection to an existing
Civic Space or public park that is accessible by the general public and located within five-hundred
(500) feet of at least one pedestrian access point for each building in the TND, via a walking route or
pedestrian way. A “safe, walkable connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Civic Space area if some but
not all buildings in the subdivision have pedestrian access points located within five-hundred
(500) feet of the Civic Space or public park, as described in Section 15.A.08F.
(b) The DRB cannot provide any credit to replace the remaining 50% of the required Civic Space area.
(2) The boundaries of the TND, as indicated on the PUD Master Plan, and more specifically delineated
on preliminary and final subdivision plans, must delineate a unified, compact, and walkable form of
neighborhood development, typically defined as an area within a ¼- to ½-mile walk from TND center
to edge. TND boundaries must include the designated Development Area(s) within the tract to be
developed, and exclude large, contiguous Hazard and Level I natural resource areas identified for
protection under Article 12, as necessary to maintain a compact and well-integrated form of
neighborhood development.
E. TND Street, Building and Civic Space Types.
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PLANNED UNIT DEVELOPMENT ARTICLE 15.C
South Burlington Land Development Regulations
Street, Building and Civic Space Types allowed within a TND are specified by TND Subzone under Tables
15.C.05-2A through -2C. For any Street, Building, or Civic Space Type proposed in a TND Edge (Transition)
Subzone that is not an allowed type within an adjoining Neighborhood Center or Residential Subzone, the
DRB must find that the proposed type is compatible with the type and form of adjacent development.
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ARTICLE 15.C PLANNED UNIT DEVELOPMENT
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Table 15.C.05-1 TND Dimensional Standards
Minimum Maximum Notes
TND Total Buildable Area (Acres) Total contiguous or connected Buildable
Area included within the delineated TND
boundary (Designated Development
Area), as necessary to allow for
integrated, unified neighborhood
development.
Full TND 10 A ---
Infill TND 4 A <10 A
TND Land Allocation
(% Buildable Area)
“Unallocated” = Developer option; may
also be “Reserved” as shown on the TND
Master Plan, subject to allocation under a
Master Plan amendment.
Residential 65% ---
Mixed-Use 5% ---
Civic Space 15% ---
Resource Land 0% ---
Unallocated 0% 15%
TND Buildable Area Coverage Limit
(% Impervious) --- 60% As applied to total Buildable Area; not to
individual building lots.
TND Height Limit (FT) --- 35 FT # Stories vary by allowed Building Type.
Residential Density (DU/Acre)
Residential – Neighborhood Area 4DU/A or
District (a) Variable (c)
(a) Minimum = Base Density (DU/A), or
maximum specified for underlying zoning
district (District), whichever is greater.
(b) Transit area = Minimum within ½-mile
of a transit route identified on Overlay
District Map 2.
(c) Maximum density variable; dependent
on selected Housing Types.
Residential –Transit Area 8 DU/A or
District (b) Variable (c)
Residential – Center 8 DU/A or
District (a) Variable (c)
Nonresidential Density --- Variable Maximum density variable; dependent on
selected Building Type.
TND Block
Perimeter (FT) 800 FT 2,000 FT Midblock connection, pedestrian pass
required for any block length > 500 FT Average Length (FT) 200 FT 500 FT
TND Building Lot (a)
Area (SF) 2,500 SF 10,000 SF Building lot standards also vary by allowed
Building Type; where building lot
standards differ, the more restrictive shall
apply
Width to Depth (Ratio) 1:2 1:5
Frontage Width (FT) 25 FT 80 FT
Frontage Buildout (% Width) 35% ---
TND Building (a)
Front Setback (FT) (b) 10 FT 25 FT (a) Building standards also vary by allowed
Building Type; where standards differ, the
more restrictive shall apply.
(b) Min and max front setbacks define the
Build-to Zone (BTZ), measured from street
right-of-way or civic space lot line.
(c) Minimum side setback (0 FT) applies to
attached Building Types, where applicable.
Side Setback (FT) (c) 0/5 FT 10 FT
Rear Setback – Principal (FT) 10 FT ---
Rear Setback – Accessory (FT) 5 FT ---
Height– Principal (Stories) 1.5 2.5
Height – Accessory (Stories) 1.0 2.0
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Table 15.C.05-2B TND Building Types
(Also see associated standards under Article 11.C)
Center Neighborhood Edge/Transition
Residential
Cottage ◼ ◼
Detached House ◼ ◼ ◼
Duplex ◼ ◼ ◼
Multiplex, Small ◼ ◼ ◼
Carriage House (ADU) ◼ ◼ ◼
Town House ◼
Live/Work (Variant) ◼
Multiplex, Medium
Nonresidential
Civic ◼ ◼ ◼
Cottage Commercial ◼
Neighborhood Storefront ◼
Table 15.C.05-2C TND Civic Space Types
(Also see associated standards under Article 11.B)
Center Neighborhood Edge/Transition
Green ◼
Square ◼
Plaza
Courtyard ◼ ◼ ◼
Neighborhood Park
Pocket Park/Plaza ◼ ◼ ◼
Playground ◼
Greenway ◼
◼ Allowed; May be allowed, subject to separate DRB review and approval, in relation to context.
F. TND Design Standards.
(1) Purpose. The applicant for any TND must demonstrate how the TND is consistent with the stated
description, purpose, and defining characteristics of a TND under 15.C.06(A) and (B) above. The term
“consistent with,” in this context, means to fulfill the description, purpose, and defining
characteristics, read together as a whole; each individual characteristic does not have to be met.
Table 15.C.05-2A TND Street Types
(Also see associated standards under Article 11.A)
Center Neighborhood Edge/Transition
Neighborhood – Narrow ◼
Neighborhood ◼ ◼ ◼
Support ◼
Alley ◼ ◼ ◼
Pedestrian Street/Pass ◼ ◼ ◼
Bicycle Boulevard
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(2) Modifications, Waivers. The plan for a TND must incorporate each of the TND design standards,
unless:
(a) modified or waived by the Development Review Board as necessary to complement or fully
integrate new neighborhood development with existing development in the vicinity of the
project; or
(3) Context. For planning and design purposes, the “neighborhood area” includes all existing and
proposed properties, buildings, and uses located within a ¼-mile “pedestrian shed” or, if located on
a transit route identified on Overlay District Map 2, within a ½-mile “transit shed” of the tract or
parcel to be developed, as measured from the approximate center of the TND. The TND must be
designed to establish or to otherwise incorporate and complement the existing and planned pattern
of neighborhood development in the vicinity of the project, consistent with TND connectivity and
design standards under this section.
(4) TND Subzones: Designated Development Areas must include the following subzones identified on
preliminary and final subdivision plans:
(a) Neighborhood Center. A distinct, attractive, civic space such as a central square or green that
serves as the focal point for the surrounding residential neighborhood intended for access and
use by all neighborhood residents and fronted on at least three sides by neighborhood-scale TND
development, including local streets. A TND center may be located on or accessed from a
collector street, if fully integrated with the surrounding residential neighborhood.
(i) For a TND of ten (10) acres or more, selected Housing Types within the Neighborhood Center
must accommodate a minimum (base) density of residential development of eight dwelling
units/acre (8 DU/A).
(b) Neighborhood Residential. One or more compact residential blocks, bounded by local streets,
that incorporate an integrated mix of housing types at a density of not less than four dwelling
units per acre (4 DU/A); and smaller civic spaces (e.g., pocket parks or playgrounds) strategically
located within a ¼-mile mile walking distance of dwelling units within the TND.
(c) Neighborhood Edge. A TND must have a clearly defined “edge” that physically and visually
distinguishes the TND from the surrounding area (e.g., a greenway, park or conserved area);
and/or or include one or more designated “Transition Zones” along the periphery, in which street
and path connections to adjoining properties are maintained, but dimensional standards, street
and building types may be adjusted as necessary to integrate new development with the
adjoining existing or planned form of development.
(5) TND Street and Path Network. The TND must incorporate a highly interconnected street grid that
meets the relevant connectivity, street and block standards under Article 15.A, meets the
supplemental standards below when they exceed the requirements of Article 15.A, and TND block
standards and street types in 15.C. The street and path network must include:
(a) “T” street intersections to limit through traffic on neighborhood streets and to incorporate
terminating views of prominent civic spaces, buildings, or adjoining conserved lands.
(b) Direct (shortest linear distance) pedestrian sidewalk and/or off-street walking and shared-use
path connections to any off-site facility (e.g., neighborhood park, transit stop, commercial
center) within the extended ¼- to ½-mile neighborhood area available to and intended for use
by TND residents, and existing or planned facilities on adjoining properties.
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(6) A TND may border or be accessed from an arterial street but must not be traversed or divided by an
arterial street. No residential building lots within a TND may front directly on or be individually
accessed from an arterial street.
(7) Vehicle Access and Parking. A TND must be designed to give pedestrians access and movement
priority over vehicle access within blocks, along fronting streets, and to principal buildings and civic
spaces.
(a) To ensure walkability within a TND, the number and width of curb cuts and driveways on fronting
streets must be minimized to the extent physically and functionally feasible, as necessary to
avoid breaks in adjoining sidewalks.
(i) Rear lot alley, service lane access, or shared driveway access from a fronting or side street, is
required for any building lot with a street frontage width of less than 50 feet, and for attached
building types with three (3) or more units.
(ii) Vehicle access (e.g., driveway) to a building lot from a fronting street must be physically
separated and visually distinct from pedestrian street access (sidewalk or path) and the main
building entrance.
(iii) The width of a driveway from a front or side street must not exceed ten (10) feet where it
crosses an adjoining sidewalk along the street; and must not result in a physical or visual
interruption in the adjoining sidewalk. The sidewalk must clearly extend across the driveway.
(b) Off-site parking within a TND may include a shared parking lot or facility located behind principal
buildings; or on-street parking along adjoining building lot frontage, as allowed by Street Type.
(c) On-site parking on a building lot within a TND, as also specified by housing or other building type,
may include:
(i) Driveway parking outside of Build-to-Zone;
(ii) Parking spaces located to the rear of the building lot, behind the principal building;
(iii) Structured parking within the primary building footprint (underground, tuck-under, pedestal
parking), or within an attached or detached accessory structure (garage, carriage house or
carport), that meets associated building requirements under (8) below.
(d) With the exception of designated handicapped spaces, shared parking and service areas serving
any building type other than a single-unit building or duplex must be located to the rear or side
of the building lot, behind the principal building; and must be screened from view from the street
and from adjoining residential properties by a landscaped fence or dividing wall.
(e) No principal parking lot or facility may be located on a corner lot, except as specifically approved
by the DRB for a phased development in which the parking lot is reserved for conversion to a
building lot under a subsequent phase of development.
(8) Housing Mix. The TND must include a well-integrated mix of housing types, as specified by subzone,
that also vary in style by block, street, and building lot.
(a) A TND of ten (10) acres or more must include a minimum of three (3) allowed housing types,
none of which represents more than 50% of the total number of dwelling units within the TND.
(b) A TND of at least four (4) acres, but less than ten (10) acres, must include a minimum of two
allowed housing types, neither of which represents more than 60% of the total number of
dwelling units within the TND.
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(c) Housing types and styles must be mixed within neighborhoods and blocks, along a street or block
face, rather than compartmentalized into areas of near-identical housing. Where housing styles
are repeated, variations in architectural elements, fenestration, materials, or color must be used
to enhance visual variety.
(d) A small multi-unit building must be compatible in form and style with other housing types located
along the same street or block. Corner lots with rear alley or side street vehicle access are
preferred for this housing type.
(9) Buildings. Allowed TND building types are specified by Subzone under Table 15.C.06-2B and
associated standards under Article 11.C. In addition:
(a) All principal buildings’ primary façades and main entrances must front on a street, a designated
civic space, or a common courtyard, and not on an adjoining parking area. Secondary entrances
may front on side or rear yards, garages, or parking areas.
(b) All principal buildings’ primary façade must be oriented parallel to the fronting street or civic
space, preferably with the narrower building façade (in proportion to building lot width and
depth) facing the street to minimize the distance between adjoining buildings and main building
entrances.
(c) The primary building façade, and any frontage features such as porches, balconies, stoops,
canopies, or awnings, must be located within the Build-to-Zone (BTZ) defined by minimum and
maximum front setback distances. The primary building façade must also meet the minimum
frontage buildout requirement applicable within the BTZ.
(d) Frontage types allowed within the TND, as specified by Building Type, include front yards,
dooryards, porches, balconies, and stoops that create a semi-private space oriented to the
street, to promote social interaction, and neighborhood safety and security.
(i) A front porch must have a functional, minimum width of eight (8) feet, and a minimum depth,
as measured horizontally from the building façade, of six (6) feet.
(e) Auto-oriented principal uses and buildings, and drive-through facilities are expressly prohibited
within a TND. Pedestrian-oriented walkup facilities (e.g., ATMs, take-out windows) are allowed.
(f) Accessory buildings allowed within a TND include detached Carriage Houses (accessory dwelling
units), garages, garden sheds, and other small accessory buildings or structures typical of and
incidental to a residential or civic use.
(i) A detached accessory building must be located to the rear of the building lot, behind or to the
side of the principal building, must be separated from the main building by at least ten (10)
feet, and must meet relevant accessory structure side and rear setback and height
requirements.
(ii) Garage placement options on a residential building lot are depicted in Fig. 13-5.
(10) Civic Spaces. Civic spaces serve as a visual focal point of a PUD used for neighborhood gatherings,
local businesses, social engagement and interaction, and outdoor recreation. Civic Space type and
size may vary with the development context.
(a) A TND must include a minimum fifteen percent (15%) of the total Buildable Area as designated
public or commonly held and managed civic spaces.
(i) Civic space lots must be physically and visually distinct spaces accessible on foot located
within walking distance (¼-mile) of building lots.
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PLANNED UNIT DEVELOPMENT ARTICLE 15.C
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(ii) Civic space lots must be integrated into the fabric of development design
(b) Civic Space Types selected for the TND must include:
(i) A prominent, well-landscaped, main green or square bordered by neighborhood streets, and
fronting residential, mixed-use, or civic buildings; and
(ii) Smaller civic spaces such as pocket parks or playgrounds that are strategically located by block
or street, within walking distance (no more than ¼-mile) of all neighborhood residences.
(I) This may also be met off-site by a public park or similar civic space located within walking
distance of neighborhood residences and is available and directly accessible to
neighborhood residents as defined in Article 15.A.11E.
(II) Other accessible designated open space areas (e.g., resource land or a stormwater
facility) with allowed compatible recreational uses may also be considered.
15.C.06 General PUD
A. Authority and Limitations.
The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to approve, to
approve with modifications and conditions, or to deny an application for a Planned Unit Development
(PUD), as further described in Section 15.C.01.
B. General PUD Description, Purpose, and Characteristics.
A General PUD is a type of planned development that allows for relief from the strict dimensional
standards for individual lots to encourage innovation in design and layout in lands currently governed by
a PUD approved prior to November 2021. Defining characteristics of a General PUD include well-planned,
well-sited, and well-designed development projects that:
• Conform to the goals in the City of South Burlington City Plan and South Burlington City Council’s
Resolution on Climate Change dated August 7, 2017.
• Support and enable affordable housing development.
• Redevelop underperforming properties and commercial strips (retrofits), contaminated sites
(brownfields), and large expanses of parking (gray fields) into more compact forms of walkable,
pedestrian-oriented, context-sensitive, mixed-use development that contribute to the City’s
economic vitality.
• Extend or re-establish existing street, sidewalk, and recreation path connections.
• Improve the physical appearance, walkability, and amount of civic and green space within existing
residential neighborhoods, commercial centers, and commercial strip development.
• Introduce missing or complementary uses, facilities, services, amenities, or civic space intended to
serve the immediate and surrounding area.
• Foster context-sensitive transitions among and between neighborhoods, commercial areas, mixed-
use areas, civic spaces, and natural resource areas.
C. Applicability.
A General PUD is an allowed PUD type:
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(1) For minor amendments to existing PUDs reviewed and approved under the LDRs in effect until
November 10, 2021, the final subdivision approval for which has not expired, regardless of zoning
district.
(a) An amendment shall be considered “minor” if it does not significantly alter the overall intent or
scale of the PUD, or the relationship of the approved PUD to its surroundings. A minor
amendment may incorporate additional land not in the PUD as previously approved, but only to
the extent that the additional land does not cause the PUD to exceed other requirements of this
section.
(2) For new PUDs in zoning districts I-A and AIR.
(3) For amendments to General PUDs approved under this Section.
D. Conformance with PUD Standards.
In addition to the specific standards under this Section, all standards in Section 15.C.04 shall also apply.
Application and review process for a General PUD is governed by Section 15.C.03.
E. General PUD Compatibility and Context Analysis.
(1) Context. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of
the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary.
(2) “Development Context” is defined in Article 15.A
(3) Context Analysis. The applicant must submit a written Analysis of the Development Context within
the Planning Area. This requirement is described in Article 15.A.
(4) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed analysis of
the Development Context, shall be a primary consideration in General PUD project design, and for
DRB review and approval.
F. General PUD Dimensional Standards.
Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional standards shall
form the basis of the design of a General PUD and shall apply unless modified, reduced, or waived by the
DRB as in Article 15.A.
(1) The DRB must find an application meets the requirements of 15.A.01(E) to modify, reduce, or waive
Site Plan requirements using 14.04(C), Subdivision requirements using 15.A.01(E), and/or Scenic
Overlay District requirements using 10.02(I)(2), (J), and/or (K).
(2) Height restrictions may be modified, reduced, or waived as allowed in underlying zoning districts
identified in 3.07(D)(2) by the DRB. The standards of review in 3.07(D)(2) shall apply.
(3) The DRB cannot modify, reduce, or waive standards as listed in 15.A.01(E)(3).
G. General PUD Design Standards.
(1) Design Standards. The design for a General PUD shall comply with existing Site Plan, Subdivision,
and Overlay District regulations and standards, but may allow for variations from applicable
regulations that respond to and incorporate the development context within the Planning Area and
under the specific circumstances listed in Section 15.C.06(F).
(2) Streets. Streets within a General PUD must be compatible with and connect to existing and planned
public street, sidewalk, and path networks in the Planning Area.
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PLANNED UNIT DEVELOPMENT ARTICLE 15.C
South Burlington Land Development Regulations
(a) Street and block pattern requirements of the Subdivision regulations (Article 15.A) shall apply
unless waived by the DRB under Section 15.C.06(F).
(3) Parking. Parking design and building location requirements applicable in all underlying zones and
districts apply to General PUDs, including all requirements in Section 14.06(A)(3).
(4) Buildings. Buildings and associated building lots within a General PUD must be compatible with the
development context in the Planning Area as described under Section 15.C.07(E).
(5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with the
existing or planned development context. General PUDs must comply with applicable Civic Space
and/or Site Amenity requirements in Subdivision (Article 15A) and Site Plan (Article 14). Civic Spaces
required under Subdivision Regulations and under Site Plan Regulations can be satisfied by a
combination of Civic Spaces, Site Amenities, or a combination, applied across the PUD area.
(6) Housing Mix. For a General PUD with more than four (4) residential dwelling units, a mix of two or
more dwelling unit types (as allowed within the applicable zoning district) must be provided. Types
of dwelling units are differentiated by either housing type under Article 11.C or, within multi-family
structures with more than four (4) dwelling units, by number of bedrooms per unit. These must be
mixed within blocks, along the street and within neighborhoods rather than compartmentalized into
sections of near-identical unit types.
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ARTICLE 16 CONSTRUCTION AND EROSION CONTROL STANDARDS
South Burlington Land Development Regulations
16 CONSTRUCTION AND EROSION CONTROL STANDARDS
16.01 Purpose
16.02 Applicability
16.03 Standards for Erosion Control during Construction
16.04 Excavation and Grading
16.01 Purpose
It is the purpose of this Article to provide standards for proper erosion control and landscaping during and
after land development activity in the City in order to prevent the adverse effects of erosion and runoff
on the City’s residents, surface waters, and air quality.
16.02 Applicability
Nothing in this Article shall be interpreted to supersede applicable permit conditions in an applicable
permit issued by a superseding authority, including but not limited to those issued by the Vermont
Department of Environmental Conservation or a permit issued by the Vermont Environmental Board
pursuant to 24 VSA Chapter 151 (Act 250).
16.03 Standards for Erosion Control during Construction
A. Natural Cover.
Land shall be subdivided and improved in reasonable conformity to existing topography in order to
minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, and to limit storm
water runoff, and to conserve the natural cover and soil. After application for approval has been
submitted to the Development Review Board, no topsoil, sand or gravel shall be removed from the
subdivision for any other purpose than to meet construction needs of that particular subdivision or to
meet any requirements of these regulations.
B. Erosion and Sediment Control.
(1) The smallest practical area of land should be exposed at any one time during development. When
land is exposed during development, the exposure should be kept to the shortest practical period of
time. Areas of disturbance must have temporary or permanent stabilization within 21 days of initial
disturbance.
(2) Land shall not be left exposed between October 15 and April 15.
(3) Where necessary, temporary vegetation and/or mulching and structural measures shall be required
by the Development Review Board to protect areas exposed during the development.
(4) Sediment basins (debris basins, desalting basins, or silt traps) shall be installed and maintained during
development to remove sediment from run-off water and from land undergoing development.
(5) The permanent final vegetation and structures shall be installed as soon as practical in the
subdivision. Exposed soil must be seeded and mulched or covered with erosion control matting
within 48 hours of final grading.
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CONSTRUCTION AND EROSION CONTROL STANDARDS ARTICLE 16
South Burlington Land Development Regulations
(6) Adequate and permanent measures shall be taken at culvert outfalls to minimize or prevent erosion
and disruption of drainageway areas.
C. Site Restoration.
After completion of construction, suitable grading or seeding shall be done to restore the condition of any
disrupted portion of a site.
16.04 Excavation and Grading
A. General.
All excavating and filling required for construction of improvements shall be as specified within this
Section. The entire area of work shall be brought to the required lines and grades by excavation or filling.
Excavation material, if suitable, may be used in making embankments and in filling low areas. A minimum
of four (4) inches of top soil shall be provided to cover overall finished slopes. This material shall be spread
uniformly over all finished slopes. All streets shall be graded from property lines to property line to
approved grade and cross section.
B. Fill.
No stumps, wood, roots, sod, other fibrous materials or refuse shall be used as fill.
C. Embankments.
Embankments shall be formed of suitable and acceptable excavated materials and brought to the required
lines and grades. The materials for embankment shall be placed in successive horizontal layers not
exceeding six (6) inches in depth extending across the entire fill area. They shall be spread by a bulldozer
or other acceptable method, and shall be thoroughly compacted. Where embankments are made of rock,
the rock shall be so deposited that all voids are filled with earth and in such a way that the compaction
specified above may be secured.
D. Subgrade.
Upon completion of filling and excavating, the subgrade shall be formed to the required grade and
contour, and the entire surface again rolled as specified above. High spots shall be removed and low spots
filled with the acceptable material and the process of leveling and rolling continued until no further
depression results.
E. Side Slopes.
Side slopes in embankments and on roadside drainage ditches shall descend one (1) foot vertically for at
least each two (2) feet horizontally (2 on 1). Surplus material resulting from excavation of the road prism
shall be used to flatten slopes of embankment so that they ascend one (1) foot vertically for at least (2)
feet horizontally (2 on 1). Side slopes in excavation rock shall ascend six (6) feet vertically for at least each
one (1) foot horizontally (1 on 6). Where rock cuts have a face higher than ten (10) feet vertically, a three
(3) foot berm shall be provided at each ten (10) foot level above the grade at the edge of the pavement.
Side slopes shall not be graded so as to extend beyond the limits of the street right-of-way onto land not
part of the subdivision unless a suitable slope easement has been properly established and granted by the
affected property owner.
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ARTICLE 17 ADMINISTRATION AND ENFORCEMENT
South Burlington Land Development Regulations
17 ADMINISTRATION AND ENFORCEMENT
17.01 General Provisions
17.02 Zoning Permits
17.03 Certificates of Occupancy
17.04 Plat Recording Requirements
17.05 Expiration of Permits and Approvals
17.06 Revocation of Permits and Approvals [Reserved]
17.07 Fees, Notifications, and Digital Submissions
17.08 Planning Commission
17.09 Development Review Board
17.10 Administrative Officer
17.11 Advisory Committees
17.12 Amendments to Regulations and Maps [Reserved]
17.13 Violations [Reserved]
17.14 Penalties [Reserved]
17.15 Appeals
17.16 Performance Bonds, Escrow Accounts, Letters of Credit
17.01 General Provisions
A. Applicability of Vermont Planning and Development Act.
Administration and enforcement of these regulations, the effect of the adoption of these regulations, the
appointment and powers of the Administrative Officer, the appointment and powers of the Development
Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties
and remedies, administration and finance, public notice, appeals and granting of variances and other
related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont
Planning and development Act, shall be applicable to these regulations, as such provisions now provide
or may hereafter be amended.
17.02 Zoning Permits
A. Zoning Permit Required.
No land development may be commenced within the area affected by these regulations without a zoning
permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer
except in conformance with these regulations and the provisions of the Vermont Planning and
Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and
all information the Administrative Officer deems necessary to ascertain compliance with these zoning
regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has
been adjudicated, in accordance with the Vermont Planning and development Act.
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17.03 Certificates of Occupancy
A. Certificate of Occupancy Required.
It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof
created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until
a certificate of occupancy has been issued therefor by the Administrative Officer conditioned upon the
requirements below.
B. Certificate of Occupancy Not Required.
Certificates of occupancy shall not be required for single-family or two-family dwellings, except as
specifically listed below:
(1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain
Overlay (Zones A, AE, and A1-30) Subdistrict.
(2) Certificates of Occupancy are required for single and two-family dwellings that are Inclusionary Units
within the applicable locations defined in Section 18.01(B)(1) (Applicability-Zoning Districts and
Locations.
(3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section
18.03(C)(1) of these Regulations.
(4) Certificates of Occupancy are required for replacement dwelling units built in accordance with
Section 18.03 of these Regulations.
C. Final Inspection and Certificate Issuance.
Within thirty (30) days after notification in the form of a complete application made to the Administrative
Officer that a building or structure or premises or part thereof is ready for occupancy or use, it shall be
the duty of the Administrative Officer to have made a final inspection thereof and issue a certificate of
occupancy if the project is found to conform with the provisions of this ordinance.
D. Temporary Certificate of Occupancy.
Upon written request of the owner or his authorized representative, the Administrative Officer may issue
a temporary certificate of occupancy for the purposes described above provided the owner or his
authorized representative can demonstrate that any and all City approvals or permits have been obtained
and complied with to the fullest extent possible, barring uncontrollable factors such as inclement weather
that may have prevented final paving or installation of required landscaping. The temporary certificate
of occupancy shall remain in effect for a period not to exceed six (6) months at which time the owner or
his representative must obtain a certificate of occupancy as provided in Sections 17.03(A) and (C) above.
No more than one (1) temporary certificate of occupancy may be issued per approval.
17.04 Plat Recording Requirements
A. Recording Requirements.
The final subdivision plat, as approved and endorsed by the DRB or as otherwise deemed approved and
certified by the City Clerk under 24 V.S.A. § 4463, must be recorded in the land records of the City within
180 days of the date of DRB approval. The Administrative Officer may extend the date for filing by an
additional 90 days if other final municipal or state approvals are pending, and the extension request is
filed within this 180-day period. If the plat is not recorded within this period, final subdivision approval
shall be deemed null and void, and the plat, supporting plans and documents must be resubmitted for
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final subdivision approval under Section 15.A.07 under the regulations in effect at the time of
resubmission.
(1) The survey plat to be recorded in City land records must comply with the requirements of 27 V.S.A.
Chapter 17 (Filing of Land Plats), the DRB decision, including any stipulations or required conditions
of approval, and adopted city policies and fee schedules.
(2) The locations of all permanent surveying monuments, lot corner markers, and building envelope
markers must be identified on the final subdivision plat as recorded in the land records.
(3) In addition to the original mylar and required copies of the final plat, the applicant must also provide
the Administrative Officer with a digital copy of the plat in a format that meets adopted state
(Vermont Geographic Information System) and city data standards.
(4) Once properly recorded, the survey plat shall become part of the South Burlington Official Map and
shall not expire, except as subsequently amended in conformance with these Regulations.
B. DRB Endorsement or Clerk Certification.
(1) No subdivision plat which requires DRB approval or Administrative approval shall be filed or recorded
in the Office of the City Clerk until it has been approved by the DRB, as endorsed in writing on the
plat. DRB endorsement shall not take place until all required plats, plans, construction drawings and
supporting documents have been submitted to and reviewed by the Administrative Officer for
compliance with the conditions of final subdivision approval.
(2) The DRB endorsement shall state that “This plat has been approved by Resolution of the
Development Review of the City of South Burlington, Vermont.” It must also specify the date of DRB
approval, subject to any conditions or requirements specified in the resolution and be signed by the
Chair or Clerk of the Development Review Board.
(3) For any subdivision plat that was deemed approved for failure of the DRB to issue a decision under
15.A.07(F), the accompanying City Clerk’s Certificate must be attached to the plat as filed and
recorded.
(4) Any plat that is recorded or subsequently revised without DRB approval and endorsement or Clerk
Certification shall be considered null and void, and the Administrative Officer shall institute
proceedings to have the plat stricken from city land records.
17.05 Expiration of Permits and Approvals
A. Zoning Permits.
A zoning permit shall expire one (1) year from its date of issue unless viewed as a whole, the work, time,
and expenditures invested in the project demonstrate a continued good faith intent to presently
commence upon the permitted project.
B. Expiration of Approvals.
All site plan, conditional use, variances, design review, and miscellaneous application approvals shall
expire six (6) months from the date of their approval by the Development Review Board or Administrative
Officer, unless:
(1) A zoning permit is issued for the project;
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(2) The Development Review Board or Administrative Officer has granted a longer period for a multi-
phase development or for other projects that may reasonably require a longer period before
commencement of the permitted project; or,
(3) The Development Review Board or Administrative Officer has approved a request for extension of
the approval. The Board or Administrative Officer may approve one (1) extension to an applicant of
an approval if reapplication takes place before the approval has expired and if the Board determines
that conditions are essentially unchanged from the time of the original approval. In granting such an
extension, the Board or Administrative Officer may specify a period of time of up to one (1) year for
the extension.
(4) The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4463 to extend
the date for filing a plat approved by the DRB or Administrative Officer by an additional 90 days, if
final local or State permits or approvals are still pending.
17.06 Revocation of Permits and Approvals [Reserved]
17.07 Fees, Notifications, and Digital Submissions
A. Fees And Digital Submissions.
The City Council shall prescribe and may revise by resolution reasonable fees to be charged with respect
to the administration of these regulations. Such fees shall incorporate the cost of public warning of
applications.
17.08 Planning Commission
A. Authorization.
The Planning Commission is established via the City Charter, 24 V.S.A. App §13-701.
B. Members and Terms of Office.
Membership and Terms of Office for the Planning Commission are set forth in the City Charter, 24 V.S.A.
App §13-701. All members shall be appointed by the City Council. All members may be compensated and
reimbursed by the City of South Burlington for necessary and reasonable expenses. All members of the
Planning Commission shall be residents of the City of South Burlington.
C. Powers, Duties, and Procedural Rules.
The Planning Commission shall elect its chair, vice-chair and a clerk and shall exercise all powers and duties
as provided for in the City Charter, 24 V.S.A. App. § 13-702.
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17.09 Development Review Board
A. Authorization.
The South Burlington Development Review Board is established by the City Council via resolution in
accordance with 24 V.S.A. §4460.
B. Members.
Board membership is set forth in 24 V.S.A. §4460 and as adopted by City Council resolution. All members
may be compensated and reimbursed by the City of South Burlington for necessary and reasonable
expenses.
C. Term of Office.
Four Board members shall have terms of four years and three board members shall have terms of three
years.
D. Procedural Rules.
The Development Review Board shall elect its own officers, adopt rules of procedure, and operate
pursuant to 24 V.S.A. §4461.
E. Powers and Duties.
In connection with any proceeding:
(1) The officers of the development review board may administer oaths and compel the attendance of
witnesses and the production of material germane to any issue under appeal.
(2) The board may set such reasonable fees for filing notices of appeal and other acts as it deems proper;
the payment of which shall be a condition to the validity of such filing or act under Title 24, Chapter
117.
(3) The board may examine or cause to be examined any property, maps, books, or records bearing upon
the matters concerned in such proceeding,
(4) The board may require the attendance of any person having knowledge in the premises.
(5) The board may take testimony and require proof material for its information.
(6) The board may administer oaths or take acknowledgment in respect of such matters.
(7) Independent Technical Reviews. Pursuant to 24 V.S.A. § 4440(d), the Development Review Board
may require an applicant for land development that requires any type of development review
approval to pay for the reasonable costs of an independent technical review of the application. This
may include professionals qualified to review traffic studies, environmental impact analyses, fiscal
impact analyses, or any other document or study needed to ensure conformance with these
regulations. Accordingly:
(a) The Development Review Board, with assistance from Department of Planning and Zoning Staff,
shall prepare a scope for the technical review. The scope shall address the review criteria upon
which the Development Review Board is required to base its decision on the application and
require that the review be completed in a timely manner.
(b) Department of Planning and Zoning Staff, on behalf of the Development Review Board shall
retain a competent consultant, licensed individual or company qualified in the pertinent field(s)
to conduct the independent review.
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(c) The cost of the review shall be paid for by the applicant
F. Public Hearings and Meetings.
The Development Review Board must schedule and hold a warned public hearing or public meeting for all
applications, as required under 24 V.S.A. §§ 4463 and 4464.
(1) Public Hearings:
(a) All Public Hearings for applications and appeals must be warned in accordance with the
provisions of 24 VSA 4464(a).
(i) Supplemental to the requirements of 24 VSA 4464(a), applications for Master Plan and
Subdivision Preliminary Plat shall be warned in accordance with the provisions of 24 VSA
4464(a)(1).
(b) For preliminary and final subdivision applications, in addition to other parties, the hearing notice
shall also be sent by the applicant, at least fifteen (15) days prior to the hearing date, to the clerk
of an adjoining municipality, if the proposed subdivision is located within 500 feet of a city
boundary, as required under § 4463.
(c) For all applications and appeals, the DRB may request additional information and testimony
during the hearing process as necessary to determine project compliance with these Regulations;
and may recess the hearing on an application for a specified period of time, in order to continue
review, receive additional testimony or information or determine if additional testimony is
required to render a decision.
(d) For all applications and appeals, the applicant/appellant or their duly authorized representative
must attend all DRB meetings on the application, including scheduled site visits, public meetings,
and hearings that are recessed to a specified date and time. The DRB may disapprove the
application if the applicant or their authorized representative fails to attend required meetings,
provide requested information within a reasonable time period, or actively participate in the
hearing process.
(2) Public Meetings (Sketch Plan only):
(a) Meetings for Sketch Plan applications shall be noticed in accordance with provisions for 24 VSA
4464(a)(2).
(b) The DRB may request additional information during the meeting process as necessary to provide
guidance on project compliance with these Regulations; and may recess the meeting on an
application for a specified period of time, in order to continue review, receive additional
information or determine if additional testimony is required to provide sufficient guidance.
(c) The applicant or their duly authorized representative must attend the scheduled DRB meeting
to present and discuss the proposed subdivision and sketch plan in concept. The DRB may
schedule additional meetings as needed, or as requested by the applicant, to consider
supplemental information or alternative conceptual designs.
G. Decision.
The DRB must issue its written findings of fact and decision to approve, approve with conditions or
modifications, or deny an application within forty-five (45) days of closure of the hearing. Failure to act
within this 45-day period shall constitute approval under 24 VSA § 4464(b), as deemed by the court and
certified by the City Clerk. The DRB decision, including findings and information for appeal, shall be sent
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by certified mail to the applicant, and filed in the City land records. Copies of the decision shall also be
mailed to all parties who participated in the public hearing process.
H. Notifications.
Pursuant to 24 VSA 4464(a)(3), the applicant shall be required to bear the cost and responsibility of
notification of adjoining landowners. The applicant shall be required to demonstrate proof of delivery in
the form of a listing of all recipients and their addresses, supported by a sworn certificate of service.
17.10 Administrative Officer
A. Authorization.
The City of South Burlington may appoint an Administrative Officer and Assistant Administrative Officers
pursuant to the City Charter.
B. Powers & Duties.
(1) The Administrative Officer and Assistant Administrative Officers shall have all authorities granted by
the City Charter, State Statutes, and these Regulations.
(2) The Administrative Officer and Assistant Administrative Officers may require an applicant to pay for
reasonable costs of an independent technical review of the application in accordance with the
procedures of Section 17.08(E)(7).
C. Application Referrals to the DRB.
For all applications subject to Development Review Board review, the Administrative Officer must refer a
complete application, to the DRB within thirty days of the date of receipt as specified under 24 V.S.A. §
4448.
(1) The Administrative Officer must also refer the application to other city officials and departments as
applicable to the proposal;
(2) The Administrative Officer must also refer the application to advisory committees authorized to
review applications under these Regulations as applicable to the proposal, in accordance with 24
V.S.A. § 4464, and adopted city policies, standards and procedures.
(3) The Administrative Officer must also refer the application to other applicable state authorities as
required by law. An application for land development that requires improvements within or
encroaches upon a mapped floodplain or river corridor must be referred to the Agency of Natural
Resources or its designee for review and comment under 24 V.S.A. § 4424.
17.11 Advisory Committees
A. Authorization.
South Burlington City Council may appoint one or more advisory committees in accordance with 24 V.S.A.
§4433.
B. Membership and Terms of Office.
Advisory committee membership and terms of office are set forth in 24 V.S.A. §4433 and as adopted by
City Council resolution.
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C. Powers, Duties, and Procedural Rules.
Advisory committees shall elect its own officers, adopt rules of procedure, and operate pursuant to 24
V.S.A. §4433, §4461 and §4464(d).
17.12 Amendments to Regulations and Maps [Reserved]
17.13 Violations [Reserved]
17.14 Penalties [Reserved]
17.15 Appeals
An interested party may appeal any decision or act of the Administrative Officer to the Development
Review Board within fifteen (15) days of the date of the decision or act in accordance with 24 V.S.A. §4465.
17.16 Performance Bonds, Escrow Accounts, Letters of Credit
A. Public Facilities and Improvements.
(1) Public facilities and improvements under this Article shall include, without limitation, streets,
sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwater infrastructure,
pipes and catch basins, fire hydrants, parks, recreational facilities and other improvements which are
public or are intended to become public.
(2) Before the issuance of a zoning permit, the applicant, subdivider or developer must furnish the City
with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover
the full costs of all proposed public facilities and improvements and ancillary site improvements and
their maintenance for two years after completion.
(3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has deemed
the work to be complete in accordance with City approvals and regulations and for two (2) years
thereafter, but in no case for a longer term than three (3) years. However, with the consent of the
applicant, subdivider or developer, the term of that bond, escrow account or letter of credit may be
extended for an additional period not to exceed three (3) years. If any public facilities and
improvements have not been installed or maintained as provided within the term of the bond,
escrow account or letter of credit then the amount secured by the bond, escrow account or letter of
credit shall be forfeited to the City.
(4) Partial Release. Upon a determination by the City Engineer that a phase of the construction of public
facilities and improvements is complete as provided in Article 15.A.18(E), the Administrative Officer
may recommend that the City Treasurer approve a partial release of the amount of the bond, escrow
account or letter of credit equivalent to the phase or portion of the completed construction, up to a
maximum of 90% of the original amount. Any amounts that the City Treasurer releases shall not
exceed the proportion of the total project that has been built, up to a maximum of 90% of the original
amount. The remaining 10% of the original amount of the bond, escrow account or letter of credit
only shall be released upon the determination of the City Engineer that the public facilities and
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improvements have been maintained for two years after the City Engineer determined the public
facilities and improvements to be complete. Upon a determination by the City Engineer that the
public facilities and improvements have been maintained as provided within the term of the bond,
escrow account or letter of credit, the Administrative Officer may recommend that the City Treasurer
approve the release of the remaining 10% of the original amount.
B. All Other Bonds, Escrow Accounts, or Letters Of Credit Required by These Regulations.
All Other Bonds, Escrow Accounts, or Letters Of Credit Required by These Regulations, including but not
limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition
and removal of buildings.
(1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with
a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee
all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations
as required under Article 3 or Article 13, for a period as described in this section.
(a) For development with a total landscaping budget requirement of $2,000 or less, no performance
bond, escrow account, or letter of credit shall be required.
(b) For development with a total landscaping budget requirement of over $10,000, the required
amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty
percent (50%) of the landscaping budget amount over $10,000. Example: a development with a
total required landscaping budget of $20,000 shall have a performance bond, escrow account,
or letter of credit of not less than $15,000.
(2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings
required by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal
of a principal building upon the construction and occupancy of a new principal building, as required
by Article 3.09 of these Regulations, shall run for a period of two (2) years. The Administrative Officer
may recommend that the City Treasurer approve the release of the bond, escrow account or letter
of credit upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or
developer does not demonstrate compliance with Article 3.09(E)(3) as provided within the term of
the bond, escrow account or letter of credit, then the amount secured by the bond, escrow account
or letter of credit shall be forfeited to the City.
(3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required under Articles 3, 13, 14, and
15. All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years.
However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow
account or letter of credit may be extended for an additional period not to exceed three years. If
any required work has not been constructed, installed, or maintained as provided within the term of
the bond, escrow account or letter of credit then the amount secured by the bond, escrow account
or letter of credit shall be forfeited to the City.
C. Bond Amounts.
The amount of such bond, escrow account or letter of credit shall be established by the Development
Review Board and shall be equal to 100% of the estimated project costs for public facilities and
improvements, plus a 15% contingency; or 100% of the estimated project costs for all other types of bonds
required by these Regulations. The applicant, subdivider or developer shall be responsible for providing
accurate cost estimates. Where amounts are not specified by these Regulations, the City Engineer shall
review all cost estimates and provide a recommendation to the Board. The Board may invoke technical
review to confirm the accuracy of estimates.
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D. Form of Bonds, Other Sureties.
The form of any such bond, escrow account, or letter of credit shall be approved by the City Attorney and
City Council and shall include procedures for the City to make use of such funds in accordance with 24
VSA § 4464.
E. "As-built" construction drawings and plans.
“As built” construction drawings and plans shall be submitted in paper and digital form to, and approved
by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation of all
required improvements.
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18 HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 [Reserved]
18.03 Housing Preservation
18.01 Inclusionary Zoning
A. Purpose.
Inclusionary zoning to provide affordable and moderate-income housing in the applicable locations defined
in subsection (B)(1) (Applicability – Zoning Districts and Locations) of this article of the City of South Burlington
has been adopted pursuant to 24 VSA § 4414(7) for the following purposes:
(1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the
preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent
with the South Burlington City Plan, as most recently amended;
(2) To implement policies that support achievement of housing goals, objectives, and targets included in the
South Burlington City Plan as most recently amended;
(3) To affirmatively address the current and anticipated need for affordable housing units among low- and
moderate-income South Burlington households that pay more than 30% of their income on housing, as
described in state law (24 VSA § 4303(1));
(4) To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-
income households on the cost and supply of land and infrastructure available for affordable housing
development in the applicable locations;
(5) To promote the integrated development of mixed-income housing in the applicable locations, including
a range of housing options needed to strengthen, diversify, and contribute to the vitality of the South
Burlington community;
(6) To promote the development of affordable housing opportunities that are available in locations
accessible to goods and services and served by existing or planned public transit services;
(7) To ensure that affordable housing units developed under inclusionary zoning remain perpetually
affordable.
(8) To provide integrated development incentives that contribute to the economic feasibility of providing
affordable housing units.
B. Applicability.
(1) Zoning Districts and Locations. Inclusionary Zoning shall apply in all zoning districts that permit
residential uses.
(2) Covered Development.
(a) Except as otherwise provided in this Article, the provisions of this Article shall apply to any land
development in areas defined in (1) above that will result in the creation of ten (10) or more total
dwelling units through subdivision, Planned Unit Development, new construction, or conversion of
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an existing structure or structures from non-residential to residential use. All approved phases of
development shall be counted toward to the total dwelling units.
(b) Congregate Care. This section shall apply to a congregate care facility that meets the applicability
requirements of (1) and (2)(a), except as under (3)(b) below. Housing units in a congregate care
facility shall be treated as rental dwelling units for purposes of this Section. When a development
includes both dwelling units and housing units permitted as congregate care housing, the number of
required inclusionary units shall be determined by the sum of the dwelling units and the housing
units contained in the congregate care facility, and distributed proportionally between the two uses.
(c) Aggregated Developments. For purposes of this Article, two or more developments shall be
aggregated and considered together if:
(i) The developments are located on abutting properties; and
(ii) The developments are owned or controlled by the same person; and
(iii) Each of the developments is located in an area subject to these Inclusionary Zoning requirements;
and
(iv) One or more of the developments consists of fewer than ten (10) dwelling units; and,
(v) Either:
(I) Both developments will apply for subdivision, construction, or conversion of an existing
structure or structures from non-residential to residential use within five (5) years from the
date a complete application is first submitted for one of the developments, or
(II) An approved Master Plan exists including the two or more developments.
(d) Previously Approved Master Plans.
(i) This section shall apply to any portion of a Master Plan approved after January 1, 2020, that meet
the applicability requirements of 15.B.02 for which the City has not received a complete
application for preliminary plat approval and/or site plan approval. The use of bonuses allowed
under Section F of this Article shall not be considered a deviation of an approved master plan
approved prior to November 10, 2021.
(ii) The provisions of this section shall apply to any portion of an approved master plan that meets
the applicability requirements of 15.B.02 proposed for an amendment that includes an increase
in the number of dwelling units and/or adding land to the master plan.
(3) Exemptions. The following are exempt from the requirements of this Article:
(a) Projects developed by or for an educational institution for the exclusive residential use and
occupancy of its students.
(b) Institutional, group homes, or group quarters housing, including long-term care facilities.
(c) The redevelopment of existing dwelling units that produces no additional units.
C. Inclusionary Units.
(1) Calculation of Inclusionary Units. For covered development, a minimum number of units must be
Inclusionary Units.
(a) For a covered development with 10 to 24 total rental dwelling units, 10% must be Inclusionary Rental
Units
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(b) For a covered development with 25 or more total rental dwelling units, 20% of the total units must
be Inclusionary Rental Units
(c) For a covered development with more than 10 total units to be offered for sale, 10% of any units
offered for sale must be Inclusionary Ownership Units. This includes units offered for sale in fee
simple, shared, condominium, or cooperative ownership.
(d) If a covered development contains a mix of rental and ownership units totaling 10 units or more, the
development must have at least 10% Inclusionary Rental Units unless (b) also applies. If either type
of units has less than 10 units, the total development must still meet at least 10% of total units.
(i) Example: Building has 30 units, with 8 ownership and 22 rental units. 10% of the rental units must
be inclusionary (2.2 units, so 2 units) and also 10% of the units total must be inclusionary (3 units).
The additional inclusionary unit can be rental or ownership.
(2) Where the calculation of Inclusionary Units results in a fractional dwelling unit, that fractional dwelling
unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than
n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded
up).
(3) When a covered development results in 10 or more lots that are sold prior to development, 10% of the
lots must include deed restrictions that satisfy these inclusionary zoning requirements.
(4) Prior to or upon request for the Certificate of Occupancy, the applicant shall notify the City whether the
units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee,
may confirm that the proposed costs meet these requirements prior to issuance of the Certificate of
Occupancy.
(5) Inclusionary units required under this section shall be:
(a) Constructed on site, unless off-site construction is approved under Section 18.01(E)(1)(c) (Off-Site
Construction).
(b) Integrated into the overall project layout and similar to market rate units in the proposed
development. Inclusionary units shall, at a minimum, meet the following requirements.
(i) Be physically integrated into the overall layout, scale, and massing of the proposed development;
this criterion may be achieved in a single building or multiple buildings.
(ii) Be constructed with the same exterior materials and have architectural design details of the same
quality as those of the market rate units. The exterior dimensions of the inclusionary units may
differ from the market rate units.
(iii) Have similar accessory structures or other exterior structures (e.g. garages (whether attached or
detached), storage spaces, sheds, decks, and other similar structures) as market rate units.
(I) These may vary in their existence, size, and style to the same extent they vary amongst market
rate units. Being offered to a buyer but declined will be considered compliance with this
requirement.
(iv) Be no less energy efficient than market rate units;
(c) Habitable Area.
(i) Inclusionary units shall have a minimum Habitable Area of 450 square feet for studios, 650 square
feet for 1-bedroom units, 900 square feet for 2-bedroom units and 1,200 square feet for three (3)
or more bedrooms.
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(ii) If the average (mean) Habitable Area of the market rate units is less than the minimum area
required for inclusionary units, then the Habitable Area of the inclusionary units may be less than
required above, but shall be no less than 90% of the average (mean) Habitable Area of the market
rate units.
(iii) Habitable Area of inclusionary units may differ from market rate units.
(I) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the
average number of bedrooms in the market rate units.
(II) For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate
to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall
account for the differences in estimates vs. actuals for the units permitted to date and shall
apply to inclusionary units for which the Administrative Officer has not issued a zoning permit.
(III) Unfinished space within an Inclusionary Ownership Unit that is not initially constructed as
bedroom, but which can be converted to such, may count as a bedroom. No more than one
(1) bedroom per inclusionary ownership unit may be counted in this manner.
(IV) Inclusionary units developed as part of a housing development of predominantly market rate
multi-family dwellings may be of varied types. Inclusionary units developed as part of a
predominantly-single-family or duplex housing development may be accommodated in
buildings containing up to four (4) dwelling units that have the appearance of single-family or
duplex homes through their scale, massing, and architectural style. There shall be no
indications from common areas that these units are inclusionary units.
(d) Timing. Constructed and made available for occupancy concurrently with market rate units. The
applicant shall provide a proposed phasing plan demonstrating concurrent development and
occupancy of the market rate units and the inclusionary units. The Development Review Board may
attach conditions necessary to assure compliance with this section and may, based on
documentation from a financial institution denying financing or on physical site constraints, approve
a plan allowing non-concurrent construction of the inclusionary units.
D. Bonuses
(1) Bonuses for State-Defined Affordable Housing Development. If a development meets the definition of
an Affordable Housing Development as defined under 24 V.S.A. §4303(2), the development shall be
granted an additional floor in total building height for any building in the development containing
inclusionary units, as required under 24 V.S.A. §4412(13).
(2) Bonuses for Exceeding Inclusionary Housing Requirements. If an applicant voluntarily exceeds
requirements of this section to the levels described below, the development shall be granted an
additional floor, up to the maximums allowed under Article 19. This is a floor in addition to any extra
floor granted under 24 V.S.A. § 4412(13).
(a) Including an additional 50% of the requirement to qualify as an Affordable Housing Development
under 24 V.S.A. §4303(2).
(i) For any development of 25 units or less, 8 units must be affordable
(ii) For any development more than 25 units, 30% must be affordable
(b) Inclusion of one (1) or more affordable units in a development of less than 10 total units.
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E. Additional Compliance Options.
(1) Hardship or Physical Limitation. If necessary to address documented financial hardships or physical site
constraints that limit or preclude the incorporation of inclusionary units within a covered development,
a developer may elect Dedication and/or Off-Site Construction at his or her discretion. A payment or
contribution in lieu of constructing required inclusionary units shall be prohibited.
(a) Documentation. Financial hardship must be based on documentation from a financial institution
denying adequate financing.
(b) Dedication. The South Burlington City Council, in consultation with South Burlington Affordable
Housing Committee, may accept as an alternative to the development of inclusionary units, a
dedication by the developer of equal or greater value, including land and expected inclusionary unit
value, that furthers the purposes of this section.
(c) Off-Site Construction. Within two years of the date of the decision approving the covered
development, the developer of the covered development must construct (or contract with another
entity to construct) the required number of inclusionary units on another parcel within the same
contiguous zoning district as the covered development. This condition shall not be considered
satisfied until certificates of occupancy have been issued for all off-site inclusionary units.
(2) Three or More Bedrooms. A developer who constructs inclusionary units having three or more bedrooms
shall receive additional credit as follows.
(a) Every two (2) three-bedroom inclusionary units constructed shall be credited for three inclusionary
units for purposes of meeting the requirements of Article 18.
(b) Every two (2) four-bedroom inclusionary units constructed shall be credited for four inclusionary
units for purposes of meeting the requirements of Article 18.
(c) These weighted credits apply to both rental and ownership units.
F. Affordability Requirements.
The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or
purchaser household eligibility for accessing inclusionary units under this section are described below. The
data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of
Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont
Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent
and purchase price affordability thresholds by income and household size”. Refer to this table in
administration of this section.
(1) Maximum Rent and Purchase Prices.
(a) For Inclusionary Rental Units, the maximum monthly rent that may be charged is one-twelfth of the
total annual cost of renting an Affordable Housing unit as defined in these Regulations. When any
component of the rental housing costs is excluded, the maximum rent that may be charged is
reduced accordingly.
(b) For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may be
required to pay is one-twelfth the total annual cost of ownership of an Affordable Housing unit as
defined in these Regulations.
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(c) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked to the size of
the household that rents or purchases the inclusionary unit. Number of bedrooms is used to define
a household size linked to the specific unit. The use of “number of bedrooms” for this purpose is
explained under the Vermont Housing Data website’s annual maximum rent and purchase price
tables entitled “Maximum rent and purchase price affordability thresholds by income and household
size”.
(2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is determined
based on three components: Household Size, Household Income and Annual Median Income (AMI)
targets for Inclusionary Units. The AMI amounts for applicants seeking to rent or purchase an
Inclusionary Unit shall be determined using the most recent HUD-published income guidelines available
at the time the unit is available for occupancy.
(a) For renters, households, regardless of household size, are eligible for inclusionary rental units so long
as their combined household income does not exceed 80% AMI at time of execution of initial rental
agreement or lease.
(b) For home-buyers, households, regardless of household size, are eligible for inclusionary ownership
units so long as their combined household income does not exceed 100% AMI at time of purchase.
(3) Flexibility between maximum rent and purchase prices and eligible households.
(a) An eligible household may rent or purchase an Inclusionary Unit with a rent or purchase price set by
household size that differs from the eligible household’s actual size.
(b) An eligible household may rent or purchase an Inclusionary Unit with an AMI target that is higher
than the eligible Household’s AMI percentage.
(c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit for which the
housing costs exceed 30% of the eligible Household’s income.
(4) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered
development, eligibility may be determined in accordance with program-based eligibility requirements
established by the partner housing organization.
(5) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from
the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or
a contractual agreement with a local, state, or federal housing authority, or nonprofit housing agency, to
be reviewed by the City Attorney and approved by the City Manager, or their designees, prior to
recording in the City of South Burlington Land Records. Any deed restriction, covenant or other
instrument or agreement ensuring the continued affordability of inclusionary units shall include:
(a) Resale Restrictions. Provision(s) to ensure the affordability of units offered for sale shall include a
formula for the resale price to the greater of the purchase price the seller paid plus 2% for each year
of ownership (non-compounding) or what is affordable to a household at 80% AMI at the time of
resale.
(i) The City must be granted the option to purchase or transfer its option to purchase Inclusionary
Ownership Units at each future time of resale.
(ii) Any covenant shall have language to ensure the continuing affordability of a unit if the
Inclusionary Ownershp unit(s) or property will be offered for rental.
(iii) The seller or his/her representative shall notify the City Manager or his/her designee of the
prospective sale of an Inclusionary Ownership Unit;
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(iv) The City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund Committee, shall then have thirty (30) days to exercise the option and purchase the
Inclusionary Ownership Unit from the seller at a price consistent with the requirements of this
subsection unless the City Manager or his/her designee waives the option by declaring in writing
an intent not to exercise the option, or transfers the option as described in [reference][ of this
Article;
(v) If the City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund Committee, fails to exercise its option by failing to negotiate and sign a purchase and sale
agreement for purchase of the Inclusionary Ownership Unit, or fails to declare an intent not to
exercise its option, the seller shall offer the Inclusionary Ownership Unit for purchase to income-
eligible households in accordance with the requirements of subsection 18.01(D)(5)(a)
(Affordability Requirements).
(vi) On or before the execution of a purchase and sale agreement between the seller and the City, the
City Council may assign the City’s option to purchase the Inclusionary Ownership Unit to a
501(c)(3) organization with a primary purpose of supplying affordable housing in perpetuity. Upon
the decision to transfer the option, the City Manager or his/her designee shall notify the seller of
such assignment. The organization to which the City has assigned the option shall deal directly
with the seller and shall have all of the authority of the City Council, as provided under this
subsection.
(b) Rent Changes. Annual rent changes must not exceed the percentage change in the median
household income within the Burlington-South Burlington MSA, when the change is an increase; and
annual rent changes must match the percentage change in the median household income within the
Burlington-South Burlington MSA, when the changes is a decrease. This limitation on rent change
must be included in legal documents required by this Section and in any lease or rental agreement
for the property. An exception to the limit on increases or required decreases is permitted to the
extent that further increases or delayed decreases, are made necessary by documented hardship or
other unusual conditions. Such exceptions may not take effect until approved in writing by the City
Manager or his/her designee;
(c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units at
rental rates and/or to households that exceed affordability limits established pursuant to this
section.
(6) Annual Reporting Requirement. The owner of a property that includes inclusionary rental units shall
prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units
and household incomes at move-in based on documentation provided by tenant for owner’s completion
of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and household
income maximums have been maintained as required.
G. Administration and Compliance.
(1) Application Requirements. In addition to other submission requirements applicable to proposed
projects specified within this bylaw, applications to which this Subsection applies shall also include the
following information:
(a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units;
(b) Documentation supporting the allocation of inclusionary and market rate units, including
inclusionary unit calculations;
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(c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and
other data necessary to determine unit affordability;
(d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection
(E) (Additional Compliance Options) of this Article;
(e) Documentation regarding household income eligibility;
(f) Information regarding the long-term management of inclusionary units, including the responsible
party or parties, as required to ensure continued affordability;
(g) Draft legal documents required under this section to ensure continued affordability;
(h) Construction timeline for both inclusionary and market rate units; and
(i) Other information as requested by the Administrative Officer to determine project compliance with
inclusionary zoning requirements.
(2) Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or his/her
designee or another municipal entity; or a bona fide qualified non-profit organization, as determined by
the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary
units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary
to implement this program. The Housing Authority, or City Manager or his/her designee, or other
municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing
eligibility standards and enforcement, and rental and sales procedures.
H. Maximum Bonus Achievable with Inclusionary Zoning and Transferable Development Rights.
Maximum stories, building coverage, and lot coverage in Table 19-1 can be achieved through receipt of TDRs,
use of Inclusionary Zoning, or a combination of TDRs and Inclusionary Zoning.
18.02 [Reserved]
18.03 Housing Preservation
A. Purpose.
The intent of this Section is to achieve one or more of these goals:
(1) To promote the health, safety and general welfare of the community by preserving existing housing stock
in residential neighborhoods, particularly the supply of affordable and moderately-priced homes through
the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan;
(2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential
structures, and to maintain housing that meets the needs of all economic groups within the City
particularly for those of low- and moderate-income;
(3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe
and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups
in each Vermont community;
(4) To support the retention of housing units in the City;
(5) To promote the health safety and welfare of the community by preserving the residential character of
neighborhoods; and,
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ARTICLE 18 AFFORDABLE HOUSING STANDARDS
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(6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion
of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund.
B. Applicability.
This Section 18.03 of these Regulations is applicable to the loss, demolition, or conversion to a nonresidential
use of any dwelling unit in the City, except as otherwise provided in subsection C (Exemptions). This includes,
but is not limited to, the following:
(1) any dwelling unit demolished, removed, or declared unfit for habitation pursuant to any order, decision,
or other action of the City or State caused by unreasonable neglect or deferred maintenance of an
existing or prior owner(s);
(2) any dwelling unit demolished or removed pursuant to any municipal, State or Federal program, including
any air traffic or airport noise mitigation and compatibility program; and/or,
(3) the loss, demolition or conversion to nonresidential use of any other form of permanent housing,
including, but not limited to, housing units contained within a housing facility that is permitted as a
congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as
defined in these Regulations.
C. Exemptions.
This Section shall not be applicable to:
(1) The redevelopment of a dwelling unit or any other form of permanent housing including, but not limited
to, housing units contained within a permitted congregate care facility within a two (2) year period of
demolition of an existing dwelling unit. Any applicant utilizing this exemption must obtain a Certificate
of Occupancy within two (2) years of the date of issuance of the demolition permit demonstrating
redevelopment of the dwelling unit and restoration of the residential use on the same parcel.
(2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil
commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the
owner’s control.
(3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open
Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation,
Municipal, Commercial 1-AIR, Airport, and Airport-Industrial.
(4) The conversion of a duplex to a single-family home.
(5) As of the initial effective date of this Section, any dwelling units:
(a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation
Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition,
demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes
the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not
these dwelling units have been purchased or removed as of January 1, 2018.
(b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use Plan
“Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23,
2009.
See Appendix H for a complete listing of properties by address.
(6) The removal of accessory dwelling units.
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HOUSING STANDARDS ARTICLE 18
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(7) Conversion of a dwelling unit to a licensed, non-residential childcare facility. Any approval for such a
conversion, however, shall be accompanied by the following:
(a) A calculation of the amount of the Contribution to the Housing Trust Fund, as specified in Section
18.03E(3), that would otherwise have applied; and,
(b) A condition that any subsequent conversion to another non-residential use will require compliance
with the housing replacement requirements of Section 18.03E. If the applicant at that time selects
the Contribution option specified in Section 18.03E(3), the contribution amount shall be that
calculated pursuant to this subsection 18.07C(7)(a).
D. Approval.
Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C
of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse,
without receipt of a zoning permit in accordance with this Section.
The applicant shall submit as part of a zoning permit application under this Section:
(1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use
and the number of bedrooms in each of unit;
(2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable
state and federal law; and
(3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section.
E. Housing Replacement Requirement.
Approval of a zoning permit issued subject to subsection D requires replacement of each dwelling unit to be
removed, demolished, or converted to nonresidential use or nonuse. Any dwelling unit approved under
Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may
be satisfied in one of the following ways:
(1) Construction of a new dwelling unit (subsection F);
(2) Conversion of a non-residential building to residential use in accordance with subsection F; or,
(3) Contribution to the Housing Trust Fund.
(a) Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed,
demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent
(25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common
Level of Appraisal) or (2) the most recent sales price of the premises.
F. Replacement Dwelling Unit Requirement.
All replacement dwelling units built pursuant to this Section must meet the following requirements. Each
replacement dwelling unit:
(1) Shall have at least the same number of bedrooms as the dwelling unit being replaced;
(2) Shall be located within the City of South Burlington;
(3) Must receive a Certificate of Occupancy within eighteen (18) months of the approval date of the zoning
permit referenced in subsection D;
(4) If rental, must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as defined
in Article 2.
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(5) If non-rental, must be offered for sale either:
(a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted
to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant,
or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed,
demolished, or converted to nonresidential use or to nonuse; or
(b) As an “Affordable Housing” unit, as defined in Article 2, to prospective purchaser/occupants who are
income eligible at the time they purchase the unit.
G. Performance Guaranty/Letter of Credit.
When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential
building to a replacement residential unit, the applicant must post a performance guaranty in the form of a
letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the
applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the
applicant had chosen that option pursuant to subsection E(3). Such a performance guaranty shall be valid for
no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s
Housing Trust Fund if a replacement dwelling unit satisfying this Section has not been granted a Certificate of
Occupancy as a dwelling unit.
H. Administration.
The City of South Burlington Housing Authority, if any, or a bona fide qualified non-profit organization
approved by the City of South Burlington shall be responsible for the on-going administration of this section
as well as for the promulgation of such rules and regulations as may be necessary to implement this section.
The Housing Authority or non-profit organization will determine and implement eligibility priorities,
continuing eligibility standards and enforcement, and rental and sales procedures.
I. Violations.
In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence
and the requirements of this Section shall apply in addition to any other remedies available to the City by law.
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ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
South Burlington Land Development Regulations
19 TRANSFERABLE DEVELOPMENT RIGHTS
19.01 Authority & Purpose
19.02 Severance of Transferable Development Rights
19.03 Receipt of Transferable Development Rights
19.04 Determination of Transferable Development Rights
19.01 Authority & Purpose
A. Authority.
The City of South Burlington has the authority under 24 V.S.A. § 4423 to establish bylaws governing the
Transfer of Development Rights (“TDRs”). TDRs are hereby authorized in order to encourage the
conservation of open space, natural resources, scenic views and agricultural lands, and to direct
development to priority areas within the City as indicated in Table 19-1.
B. Purpose.
The purpose of this section is to regulate the use of TDRs to encourage preservation of open space.
Specifically, it is the intention of this section to regulate the transfer of development rights from areas
where land conservation is a priority to priority areas for development within the City.
19.02 Severance of Transferable Development Rights
A. Sending Area and Sending Properties.
(1) Sending Area. Lands within the NRP District are designated as the Sending Area.
(a) Hazards under Article 12 of these Regulations are not considered Sending Areas and are omitted
from calculation of TDRs
B. Assigned Density and Severing Rights.
(1) For the purposes of Transferable Development Rights, lands in the Sending Area have one (1) TDR
per 0.83 acres, less any areas defined as Hazards under these Regulations.
(2) TDRs must be severed as whole numbers. Less than one TDR cannot be severed, therefore a
minimum of development rights from 0.83 acres can be severed from a sending property.
(3) Severance of development rights from each 0.83 acres will equal one (1) TDR for receipt on a
receiving property.
C. Process for Severing Development Rights.
(1) Severance of development rights occurs when the owner of the sending property executes a deed of
severance of development rights.
(2) Deeds of severance of TDRs must include the written determination by the Administrative Officer
indicating the number of development rights being severed and the number of development rights
remaining on the property.
(3) The deed of severance of TDRs must be recorded in the City of South Burlington Land Records.
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TRANSFERABLE DEVELOPMENT RIGHTS ARTICLE 19
South Burlington Land Development Regulations
(4) The deed of severance of TDRs shall be in a form that is approved by the City Attorney and must
recite that it is a conveyance under 24 V.S.A. § 4423 and recites the number of acres affected, as
required by 24 V.S.A. § 4423(b)(3).
(5) Severance of development rights must include a perpetual density reduction easement granted to
the City of South Burlington under 10 V.S.A. §§ 6301 et seq.
(a) The density reduction easement must be recorded in the City of South Burlington Land Records.
(b) The density reduction easement shall limit the possible uses of the affected area of the sending
parcel to agriculture, forestry, natural area, and outdoor non-motorized recreation.
19.03 Receipt of Transferable Development Rights
A. Receiving Areas and Receiving Properties.
(1) Receiving Areas. Lands within the following areas are designated as Receiving Areas:
(a) All districts listed in Table 19-1.
B. Receiving Development Rights.
(1) All properties within a receiving area are eligible to receive TDRs, up to the limits in Table 19-1.
(2) TDRs must be received as whole numbers.
(3) TDR value on a receiving property is defined by Table 19-2.
(4) TDRs can be used for any combination of bonuses as allowed by the zoning district in Table 19-2 on
a single property up to the limits in Table 19-1.
C. Process for Receiving Development Rights.
(1) Receipt of transferable development rights occurs when the owner of a receiving property executes
a deed of receipt, which shall include or reference a deed from the owner of TDR conveying said TDR
to the owner of the receiving property, attaching the development right(s) to the receiving property.
(2) The DRB shall have discretion to determine when an applicant must receive development rights on
a property to enable approval of an application.
(3) A deed of receipt must be recorded in the City of South Burlington Land Records, including the
number of TDRs applied to the property.
(4) The deed of receipt shall be in a form that is approved by the City Attorney and must recite that it is
a conveyance under 24 V.S.A. § 4423.
(5) Nothing in this Article precludes combination of a deed of severance of TDR and a deed of receipt.
(6) Any transfer of development rights to a receiving property pursuant to this Article only authorizes
the uses selected from Table 19-1 up to the limits in the same table. It does not alter any other
regulations applicable to the receiving property.
D. Maximum Stories, Building Coverage, and Lot Coverage Achievable Through Transferable
Development Rights and Inclusionary Zoning.
(1) Maximum stories, building coverage, and lot coverage in Table 19-1 can be achieved through receipt
of TDRs, use of Inclusionary Zoning, or a combination of TDRs and Inclusionary Zoning.
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ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
South Burlington Land Development Regulations
(2) Total density through use of TDRs and Inclusionary Zoning cannot exceed the limits in Table 19-1.
Table 19-1: Maximum Density Increases with TDRs and Inclusionary Zoning
Zoning District(s) Max. Allowable
Building Coverage
Max. Allowable Lot
Coverage
Max. Allowable
Stories
Higher-Scale Mixed Use
(HSMU), C1-Auto, C1-LR, C-2
20 percentage points above
existing maximum
10 percentage points
above existing maximum
7 stories
I-O, Mixed I-C, C1-Air 10 percentage points above
existing maximum
10 percentage points
above existing maximum
4 stories
Table 19-2: Bonuses per TDR Received
Zoning District(s) Increase in Square Feet of Lot coverage
square feet or Building floor area per TDR
Higher-Scale Mixed Use
(HSMU), C1-Auto, C1-LR, C-2
2,000 SF x 1 story
I-O, Mixed I-C, C1-Air 2,000 SF x 1 story
19.04 Determination of Transferable Development Rights
A. Recording System.
The City shall establish and maintain a system for recording and monitoring the severance, ownership and
receipt of transferable development rights.
B. Administrative Authority.
The Administrative Officer has authority to determine the transferable development rights available.
C. Application Requirements.
An application for a determination of the transferable development rights available to be severed from a
sending property must include:
(1) Completed application form(s).
(2) A tax map, plat, or site plan showing the boundaries of each lot, tract or parcel from which
development rights are sought to be severed.
(3) Hazards delineation or affirmation pursuant to Article 12.
(4) Determination of the existing zoning of the property.
(5) A copy of the deed for the sending property.
(6) A calculation of the estimated number of development rights available to be severed from the
property and the number of those development rights proposed to be severed.
(7) All applicable fees.
D. Calculation of Development Rights.
Development rights shall be calculated to the nearest whole number. Where the application of this
formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest
whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that
are greater than or equal to n.50 but less than n+1.00 are rounded up).
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APPENDIX C USES AND DIMENSIONAL STANDARDS
APPENDIX A PERFORMANCE STANDARDS
A.1 Fire and Explosion Hazards
A.2 Vibration
A.3 Noise
A.4 Air Pollution
A.5 Odors
A.6 Electromagnetic Radiation
A.7 Radioactive Radiation
A.8 Heat
A.9 Direct Glare
A.10 Indirect Glare
A.11 Liquid and Solid Wastes
A.12 Other Requirements
A.1 Fire and Explosion Hazards
(a) All activities involving storage of flammable and explosive materials shall be provided with adequate
safety and fire-fighting devices in accordance with all applicable state and local laws and regulations.
(b) Burning of waste materials in open fires is prohibited.
A.2 Vibration
(a) No vibration shall be produced which is transmitted through the ground and is discernible without
the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak
at up to 60 cps frequency, measured at or beyond the lot lines using either seismic or electronic
vibration measuring equipment.
(b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce
accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval
greater than 5 minutes shall not induce accelerations exceeding .01g.
A.3 Noise
(a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be deemed
detrimental to the health and safety of the residents of the City of South Burlington:
(i) Defect in vehicle or operation of vehicle. The operation of any automobile or motorcycle in such
a manner as to create squealing, or squealing of tires, or loud and unnecessary grating, grinding,
exploding-type, rattling, or other noises.
(ii) Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used
or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound
amplifier, or other machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting the attention of
the public.
(iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile, motorcycle
or other vehicle except as a danger warning; the creation, by means of any other signaling device,
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South Burlington Land Development Regulations
of any unreasonable loud or harsh sound; and the sounding of any such device for unnecessary
and/or unreasonable periods of time.
(iv) Radios, phonographs, etc. The using, operating or permitting to be played, used or operated of
any radio or television receiving set, musical instrument, phonograph, or other machine or device
for producing or reproducing of sounds in such a manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or any time with louder volume than is necessary for
convenient hearing for the person or persons who are in the room, vehicle or chamber in which
such a machine or device is operated and who are voluntary listeners thereto.
(v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal combustion
engine, motor boat, or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(vi) Noise in General. Any noise which is deemed objectionable because of volume, frequency or
beat and is not muffled or otherwise controlled.
(b) Specific Standards.
(i) The creation of, permitting or operation of any of the above sets, instruments, devices or vehicles
causing said noise in such a manner as to be plainly audible at a distance of fifty feet (50’) from
the building, structure or vehicle from which noise emanates shall be prima facie evidence of a
nuisance and a violation of these Regulations.
(ii) It shall be a violation of these Regulations for any property owner to create or allow the creation
of noise in excess of the following stated limits in the City during the hours of 12:00 AM and 8:00
AM:
a. 45 dBA based on a one-hour average measured at any point where the property on which the
noise emanates adjoins any property used for residential purposes.
b. 60 dBA based on a one-hour average measured at any point where the property on which the
noise emanates adjoins any property used for commercial purposes.
(iii) For purposes of this Appendix, the following terms shall be defined as stated below:
a. Decibel – a unit measure of sound level.
b. Sound level – in decibels measured by a sound meter, by using the “A” frequency weighing,
expressed in dBA.
c. Average sound level – a sound level during a given period of time (e.g. one hour) found by the
general rule of combination of sound levels. Also called “equivalent sound level.”
(c) Exemptions.
(i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for which a
proper permit has been issued are specifically exempt from the provisions of these Regulations.
(ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt from the
provisions of these Regulations.
(iii) Temporary actions benefiting the public, including but not limited to roadway construction,
sewer and water line construction, and special public events, are specifically exempt from the
provisions of these Regulations upon approval of such an exemption by the City Manager.
Page 322 of 347
APPENDIX C USES AND DIMENSIONAL STANDARDS
(d) Sound Measurement Standards. Sound shall be measured in accordance with the standards
specified by the American National Standards Institute.
A.4 Air Pollution
(a) Visible Emissions. There shall not be discharged into the atmosphere from any source at any time
any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart, except
under specified conditions contained within air pollution standards). This shall include emissions of
air pollutants of such capacity as to obscure an observer’s view to a degree equal to or greater than
the above visible emission standard. Visible emission of any kind at ground level past the lot line of
the property on which the source of the emissions is located are prohibited.
(b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air shall
be subject to the requirements of all applicable local, state, and federal regulations.
A.5 Odors
(a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be
readily detected or as to interfere unreasonably with the comfort of the public.
(b) Any process which may involve the creation or emission of any odors shall be provided with a
secondary safeguard system so that control will be maintained if the primary safeguard system
should fail.
(c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by the
Manufacturing Chemists’ Association, Inc. or its equivalent shall serve as a guide to determining such
quantities of offensive odors.
A.6 Electromagnetic Radiation
(a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of
electromagnetic radiation except in compliance with the applicable regulations of the Federal
Communications Commission or the Inter-department Radio Advisory Committee regarding such
sources of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an
abnormal degradation in performance of other electromagnetic radiators or electromagnetic
receptors of quality and design because of proximity, primary field, blanketing, spurious re-radiation,
harmonic content, modulation or energy conducted by power or telephone lines.
(b) The determination of “abnormal degradation in performance” and “of quality and property design”
shall be made in accordance with good engineering practices as defined in the most current
principles and standards of the Institute of Electrical and Electronic Engineers.
A.7 Radioactive Radiation
(a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the property
line.
(b) The handling of radioactive materials, the discharge of such materials into air and water, and the
disposal of radioactive materials shall be in conformance with all applicable state and federal
regulations.
A.8 Heat
(a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive, conductive,
or convective nature.
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South Burlington Land Development Regulations
(b) Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent
property, whether such change be in the air or the ground, in a natural stream or lake, or in any
structure on such adjacent property.
A.9 Direct Glare
(a) Direct glare is defined for the purposes of these Regulations as illumination within property lines
caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from
such high temperature processes as welding or petroleum or metallurgical refining.
(b) No such direct glare shall be permitted, except that parking areas and walkways may be illuminated
by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty degrees
(60o) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty feet
(30’) above ground level and the maximum illumination at ground level shall not be in excess of an
average of three (3) foot candles.
A.10 Indirect Glare
(a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property lines
caused by diffuse reflection from a surface such as a wall or roof of a structure.
(b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum,
and 0.1 foot candles average.
(c) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is
specifically prohibited.
A.11 Liquid and Solid Wastes
No discharge or emission of any potentially dangerous or offensive elements shall be permitted at any
point into any sewage disposal system, water supply system, watercourse, or lake, or into the ground or
air, except in accord with all applicable local, state and federal regulations.
A.12 Other Requirements
Where the requirements of these performance standards may be replaced by newer standards or may
conflict with other local, state or federal statutes or regulations, the stricter standards shall apply.
Page 324 of 347
APPENDIX B USES AND DIMENSIONAL STANDARDS
APPENDIX B: TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
The City of South Burlington uses the ITE TRIP GENERATION manual (the 11th Edition of 2021 and
subsequent editions) to calculate the traffic generation of a proposed use. The ITE manual shall be the
default source of data for calculating traffic generation except in certain circumstances described below.
Choice of Independent Variable.
The independent variable is the characteristic of the proposed project that is used to estimate the
project’s traffic generation. For many uses the ITE manual gives a choice of independent variables that
can be used. For instance, for office buildings one can use the gross building floor area or the number of
employees as an independent variable. For the purposes of these land development regulations it is
recommended that a primary measurement be used as the independent variable, not a derived
measurement. For instance, for office buildings the floor area is a primary measurement, whereas the
number of employees is generally an estimate based on the floor area. The independent variable should
be easily verifiable and should be related to the land use type, not to the characteristics of the
tenant/operator. The independent variable that relates to the size of the use and that is the best trip
generation predictor for the PM Peak Hour of the Adjacent Street Traffic, One Hour between 4 PM and 6
PM, has to be used. See the ITE Trip Generation Handbook, an ITE Recommended Practice, September
2021, for more explanations and guidance.
Use of Regression Equations or Average Rates.
The ITE TRIP GENERATION manual gives weighted average trip generation rates for each use compiled in
the manual. The use of average rates implies a linear relationship between the size of the use and traffic
generation, i.e. traffic generation changes in direct proportion to its size. For some uses ITE also provides
a regression equation that represents a non-linear curve that best fits the data. The use of the regression
equation takes into consideration the fact that traffic generation is not always in direct proportion to the
size of the use. The use of the regression equation is recommended when: a) a regression equation is
provided, b) the independent variable is within the range of data given by ITE, and c) either, the data plot
has at least 20 points (studies), or the coefficient of determination (R²) is greater or equal to 0.75, and the
standard deviation is greater than 110% of the weighted average rate. The use of weighted average rates
is recommended when: a) there are at least 4 data points (studies), b) the independent variable is within
the range of data given by ITE, c) the standard deviation is less or equal to 110% of the weighted average
rate, and d) R²<0.75 or no equation is provided.
Small Commercial Uses.
Commercial uses not exceeding 5,000 square feet total within a single building shall be calculated at a
rate of 3.48 trips per 1,000 square feet. For the purposes of this section, a small commercial use shall be
those found in Land Use Code 822, Strip Retail Plaza.
City Center Commercial Uses.
Uses occurring the non-residential portion of the mixed-use buildings located within the T5 Transect Zone
and/or along those sections of Market Street located in the T4 Transect Zone, without addition to the
square footage, shall be calculated to have a PM Peak Hour Trip Generation Rate of 3.48 trips per 1,000
square feet, inclusive of pass-by, diverted, and internal-capture trips.
An applicant for either the Small Commercial or the City Center Commercial Use(s) may at their sole
discretion and expense conduct a custom traffic study as an alternative to the 3.48 PM Peak Hour Trip
Generation Rate.
When Custom Traffic Generation Studies are Required or Authorized.
ITE Trip Generation rates and in the case of City Center & Small Commercial Uses, the rate established in
this Appendix, are the baseline for these regulations because they are considered to be an appropriate
Page 325 of 347
measurement of the traffic impacts of a particular use category. There are, however, situations when
other traffic generation sources may be used or required. Other sources may include professionally
conducted traffic generation studies not included in the ITE TRIP GENERATION manual or custom trip
generation studies conducted for the particular use.
Custom Trip Generation Studies.
Custom trip generation studies are required when: a) the particular land use is not covered by ITE; b) there
are fewer than 4 data points (studies) in the ITE TRIP GENERATION manual; or c) the size of the use falls
outside the range of the TRIP GENERATION data points. Four data points are suggested as a minimum for
the purposes of this zoning code. If ITE provides only two data points, the Development Review Board
may require traffic generation studies at two additional sites.
An applicant may additionally prepare and submit a Custom Trip Generation Study at their sole expense.
A custom Trip Generation Study shall be prepared by a licensed engineer and should collect trip
generation data at a minimum of three local sites. Collecting data at five or more sites is preferable.
Daily Traffic Variation.
Typically traffic generation rates are for an average weekday, and are collected on a Tuesday through
Thursday. If a use has a regular peak on Fridays (such as shopping centers) the Friday rate needs to be
taken into consideration. The procedures given in the ITE manual and handbook should be followed.
Traffic Generation of Multiple Uses on One Site (Internal Capture).
Whenever more than one use or more than one commercial establishment is proposed on one site, there
is the potential for some vehicle trips to remain internal within the site. The total net traffic generation
for that site may therefore be less than the sum of the traffic generation volumes for each use or
establishment. This is sometimes referred to as the shopping center effect: as shopping centers increase
in size the traffic generation rate per 1000 square feet of floor area decreases. To take this effect into
consideration it is recommended that the percentage of internal trips be estimated for each trip
interchange between the different uses. Exhibit B1 shows a calculation example for a site with
townhouses, with a health club and with an office building.
The percentage of internal trips varies according to the market of that particular use. Some uses are more
oriented to custom customers or users and may have a higher percentage of internal trips, whereas other
uses may draw from a larger distance and would therefore have a lower percentage of internal trips. For
example a health club tends to draw its customers from a smaller area than the employees in an office
building. Therefore the percentage of internal trips would be higher for the home-to-health club trips,
than for the home-to-office trips. Exhibit B1 shows the percentages of internal trips to range from 5% to
15% for the individual interchanges. This is a reasonable range for most situations, although there may be
cases with higher percentages. The Trip Generation Handbook, An ITE Recommended Practice, September
2021 may be consulted for further guidance.
The percentage of internal trips is applied to the lowest number of each trip interchange. For instance, for
the interchange of trips from the town houses to the health club (in Exhibit B1) 54 trips exit from the town
houses and 66 trips enter the health club. The 15% is applied to the lowest of the two numbers, 54 in this
case. The resulting trip ends (8.1 in this case) are deducted from both inbound and outbound trips. The
example in Exhibit B1 shows that the total gross traffic generation before credit for internal trips was 396
(164 plus 232) for the P.M. peak hour. This gross generation was then reduced by 58 vehicle trips (29 plus
29) to account for internal traffic, to yield a net generation of 338 trips (135 plus 203). This represents an
overall reduction for internal trips of 14.65%.
As the number of uses or establishments increases the overall percentage of internal trips will increase.
Page 326 of 347
APPENDIX B USES AND DIMENSIONAL STANDARDS
Calculation Example of Mixed-Use Traffic Generation
Size
ITE
Category
1000 Sq.
Ft. or
Dwelling
Unit In Out In Out
231 150 0.47 0.36 Rate 71 54
71 54
493 25.0 2.62 1.68 Rate 66 42
710 75.0 0.37 1.81 Equation 28 136
93 178
Subtotal 164 232
Minus Internal Trips Internal %
Residential to Health Club 15%8.1 8.1
Residential to Office 5%1.4 1.4
Office to Health Club 10%6.6 6.6
Office to Residential 5%3.5 3.5
Health Club to Residential 15%6.3 6.3
Health Club to Office 10%2.8 2.8
Internal Trips 29 29
Net Subtotal 135 203
BFJ December 5, 2003
Note: The percentage of internal trips is applied to the lowest number of each trip
interchange. For instance, for the interchange of trips from residential to healthclub 54 trips
exit from the residential uses and 66 trips enter the healthclub use. The 15% is applied to the
lowest of the two numbers, 54 in this case. The resulting trip ends are deducted from both
inbound and outbound trips. The percentage of internal trips varies according to the types of
uses, and ranges in most cases between 5 and 15%.
PM Peak Hour
PM Peak Hour Trips
Low-Rise
Equation or
Average
Rate
ITE Rate
Residential
Non-Residential
Residential Total
Non-Residential Total
Health Club
General Office
Exhibit B1
Page 327 of 347
Calculating the Benefits of Connecting to an Adjacent Parcel
Size
ITE
Category
1000 Sq.
Ft. or
Dwelling
Unit In Out In Out
493 25.0 2.62 1.68 Rate 66 42
710 75.0 0.37 1.81 Equation 28 136
93 178
Minus Trips Internal to Parcel A Internal %
Office to Health Club 10%6.6 6.6
Health Club to Office 10%2.8 2.8
Parcel A Internal Trips 9 9
Parcel A Net Subtotal 84 168
231 150 0.47 0.36 Rate 71 54
71 54
Minus Trips between Parcel A and Parcel B % Between two Parcels
Residential to Health Club 15%8.1 8.1
Residential to Office 5%1.4 1.4
Office to Residential 5%3.5 3.5
Health Club to Residential 15%6.3 6.3
Total Trips between Parcel A and Parcel B 19 19
BFJ December 5, 2003
Parcel B Subtotal
Low-Rise Condo/Townhouse
Equation or
Average
Rate
ITE Rate
Parcel B
Parcel A Subject to
Parcel A Gross Subtotal:
Health Club
General Office
Exhibit B2
PM Peak Hour
PM Peak Hour Trips
Page 328 of 347
APPENDIX C USES AND DIMENSIONAL STANDARDS
South Burlington Land Development Regulations
APPENDIX C: USES AND DIMENSIONAL STANDARDS
The tables on the following pages describe the allowable uses in each zoning district in the City, and the
specific dimensional standards applicable to each. The tables are C-1, Table of Uses and C-2, Table of
Dimensional Standards.
TABLE C-2: DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS
Use Specific Dimensional Standard
Additional dwellings for farm
employees
Standards for single family dwelling in same zoning district
Bed and breakfast Standards for single family dwelling in same zoning district. Minimum
lot size 1 acre, except SEQ-VC zoning district where there is no
minimum lot size.
Non-Residential Child Care Facility
Minimum lot size 12,000 SF or minimum for two-family dwelling in
same zoning district, whichever is greater.
Other dimensional standards for two-family dwelling in same zoning
district apply.
Horticulture and forestry with on-
premise retail sales
Minimum lot size three (3) acres. Retail uses must be set back a
minimum of twenty (20) feet from all property lines.
Horticulture and forestry without
on-premise retail sales
No minimum standards
Keeping of livestock Minimum lot size ten (10) acres
Single family dwelling related to
agriculture
Standards for single family dwelling in the same zoning district.
Page 329 of 347
South Burlington C-1 Uses
RESIDENTIAL USES NRP LSN MSN QCP HSMU C1-LR C1-AIR C1-AUTO C-2 I-O Mixed I-C AIR I-A MUN PARK
Single-unit Building P P P P P
Duplex (2 units) P P P P P
Divided Duplex (side by side) P P P P P
Townhouses (3-4 units) P P P
Small Multi-Unit Building (3-4 units) P P P P P P P P P
Medium Multi-Unit Building (5-12 units) P P P P P P
Large Multi-Unit Building (13 or more
units)P P P P P
Accessory residential units
Group home or Residential Care Home P P P P P P P P P P C
PUBLIC & QUASI-PUBLIC NRP LSN MSN QCP HSMU C1-LR C1-AIR C1-AUTO C-2 I-O Mixed I-C AIR I-A MUN PARK
Cemeteries P P P P P P P P P P P P P P P
Community center C P C P P P P P P
Congregate care, assisted living, or
continuum of care facility P-TO P P P P
Cultural facility P P P P P (11) P
Educational facility P P P P P P
Educational support facilities P (5) P (5) P
Funeral homes, mortuaries, and
crematoriums C C C C C C C
Group quarters P P (11)
Municipal facility P P P P C C P C
Parks P P P P P P P P P P P P P P P
Place of worship P P P P P P P P P P (11)
Recreation paths P P P P P P P P P P P P P P P
Skilled nursing facility P P P P P P
Social services C-TO C C C C C P
COMMERCIAL NRP LSN MSN QCP HSMU C1-LR C1-AIR C1-AUTO C-2 I-O Mixed I-C AIR I-A MUN PARK
Adult use
Agriculture & construction equipment
sales, service & rental P P
Airport Uses P
Animal shelter C P
Artist production studio P P P P P P P P
Auto & motorcycle sales P P P
Auto & motorcycle service and repair,
accessory use, no fueling pumps P P P
Auto rental, with private accessory car
wash & fueling P P P P
Bank or Credit Union with drive-through P P P P
Bed and breakfast, min. 1 acre lot C P P P
Cannabis Dispensary P P P P P-TO
Cannabis Cultivation P P
Car wash P P
Child care facility, licensed non-residential P (4) P P P P P P P P P P (12) P (12)
Commercial greenhouse C-ACC P P P P
Commercial kennel and pet day care P P P P P P
Commercial or public parking facility C C C C C C C N P (11) C
See ADU Regulations
Page 330 of 347
South Burlington C-1 Uses
Contractor or building trade facility P P P P
Distribution and related storage, with
>15% of GFA in office or other principal
permitted use by same tenant
P P P
Equipment service, repair & rental P P
Family child care home, registered or
licensed P P P P P P P P
Financial institution P P P P P ACC P
Food Hub P (6) P (6) P (6) P (6) P (6) P (7) P (7) P (7) P (7)
Golf course C
Hotel P P P P P
Hotel, extended stay P P P P
Indoor theater P P P
Indoor vehicle storage, max. 10,000
square ft P-ACC
Junk yard
Light manufacturing P P P P P
Limited Neighborhood Commercial P P P P P P P P P
Lumber and contractor’s yard P P P
Mobile home, RV and boat sales, repair &
service P P
Motor freight terminal C P
Office, general P-TO P P P P P P P P P (11) P (10)
Office, medical P-TO P P P P P P-TO P-TO P (11)
Personal instruction facility P P P P P P P P P
Personal or business service P P P (7) P P P P (7) P N P(7)(10)
Pet grooming P P P P P P
Photocopy & printing shops with
accessory retail P P P P P P-ACC P N P(11)
Printing & binding production facilities P P P P
Processing and storage P P P P
Radio & television studio P P P P P
Recreation facility, indoor P P P P P P P-ACC P N P(11) P P
Recreation facility, outdoor C P C C C C C N P(11) P P
Research facility or laboratory P P P P P P P-ACC P P (11)
Restaurant, short order P P P P P P-ACC P-ACC P-ACC N P(11)
Restaurant, standard P P P P P P-ACC P (11)
Retail sales P P P (8) P P (9) P (7) P (8) P-ACC N P(11)
Retail warehouse outlet P P
Seasonal Mobile Food Unit P P P P P P
Self-storage P
Service station C
Shopping center P
Taverns, night clubs & private clubs P P P P P P
Veterinary Hospital P P P P P
Transportation services P P
Warehousing & distribution P P P
Waste transfer stations C
Wholesale establishments P P P P
ACC, P-Non-TO
Page 331 of 347
South Burlington C-1 Uses
Notes
N = North subdistrict of Institutional-Agricultural
(2) & (3) - reserved
(4) Permitted within a structure exsiting and approved for use as an 'educational facility' as of July 1, 2013. The structure existing as of July 1, 2013, may be expanded, enlarged, or extended by an area that does not exceed 20% of its Gross Floor Area
(5) Educational support facilities in C1 are subject to the dimensional standards of the IA-North District. See Article 7.
(6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.
(7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.
(8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.
(9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.
(10) Use is restricted to not-for-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation
(11) Use is allowed only as an Educational Support Facility. See Section 7.01(E)
(12) Allowable only as a municipally-operated facility.
(13) Unless otherwise enabled or restricted, all uses within a Planned Unit Development are allowable under the same provisions as for the underlying district;
Key and Notes to the Table above:
P = Permitted PUD = Allowable within a Planned Unit Development TO = Allowable only in the Transit Overlay District
C = Conditional Use ACC = Allowable as an accessory use Non-TO = Allowable only outside of the Transit Overlay District
Page 332 of 347
TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS (WITHOUT PLANNED UNIT DEVELOPMENT)
District Building Type
Minimum Lot
Size (SF)
Building
Coverage
Lot
Coverage Front(s) Side yard(s) Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
3.07(B)]
Total
Stories
Max Stories
Increase
per Table
19-1††
Max Feet
Increase
per Table
19-1††
Single-Unit 5000 30% 50% 20 or AFS* 5 15*** 15 25 28 2 3 1 4
Duplex 5000 30% 50% 20 or AFS* 5 15*** 15 25 28 2 3 1 4
Divided Duplex 2500 per unit 30% 50% 20 or AFS* 0 or 5** 15*** 15 25 28 2 3 1 4
Townhouse (3-4 units)5000 30% 50% 20 or AFS* 0 or 5** 15*** 15 25 28 2 3 1 4
Small Multi-Unit (3-4
units)5000 40% 60% 20 10 15*** 15 25 28 2 3 1 4 1 12
Medium Multi-Unit (5-
12 units)9000 50% 70% 20 10 30 15 25 28 2 3 1 4 1 12
Large Multi-Unit (13+
units)n/a 50% 70% 20 10 30 15 - - - - - 5 2 -
7000 residential
districts 15 35 40 - - - - - -
0 commercial
districts 15 - - - - - 5 2 -
IC ALL 40000 40% 70% 30 10 30 15 35 40 - - - - - 28
AIR ALL 3 acres 30% 50% 50 35 50 15 35 40 - - - - - 28
IO ALL 3 acres 30% 50% 50 35 50 15 35 40 - - - - - 28
IA-N ALL 10 acres 20% 40% 75 50 50 15 35 40 - - - - - 28
IA-S ALL 10 acres 10% 20% 75 50 50 15 35 40 - - - - - 28
PR ALL n/a 15% 25% 40 15 30 15 35 40 - - - - - 28
MU ALL n/a 30% 70% 40 15 30 15 35 40 - - - - - 28
City Center
FBC District
AFS = average front setback
* = allowed to be the lesser of 20 feet or the AFS
** = 5 feet on non-attached side, 0 feet on attached side*** = 10 feet in Queen City Park (QCP) † = except in Traditional Neighborhood Development (TND) PUD
†† = by use of inclusionary zoning and/or transferable development rights
Please see Article 8, City Center FBC District
Standard Setbacks (Feet) Maximum Building Height
Residential
and
Commercial
Districts†
See Article 18 for
Inclusionary Zoning
bonuses
All other uses (incl.
mixed-use)50% 70% 20 10 30
Page 333 of 347
APPENDIX D LIGHTING
South Burlington Land Development Regulations
APPENDIX D LIGHTING
Page 334 of 347
APPENDIX E SUBMISSION REQUIREMENTS
All Districts Except City Center FBC City Center FBC District
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin /
Site Plan
Submittal requirement
PROJECT DESCRIPTION
√ √ √ √ √ √ √ √ √ √Completed application form
√ √ √ √ √ √ √ √ √ √
Digital copy of plans, with sheets saved as individual files and names to include
sheet number and plan date. Plans must include name and address of engineer(s),
architect(s), landscape architect(s) preparing plans, plan preparation date, and date
and description of all revisions shown on all plan sheets
√ √ √ √ √ √ √ √ √ √Name and address of the owner of record, applicant, and owners of record of
abutting properties;
√ √ √ √ √ √ √ √ √ √ Date, true north arrow and scale (numerical and graphic). The preferred scale shall
be not more than one hundred (100) feet to the inch, or not more than sixty (60)
feet to the inch where lots have less than one hundred (100) feet of frontage.
√ √ √ √ √ √ √ √ √ √ Narrative accompanying the application to include the following: (a) description of
the project; (b) demonstration of compliance with applicable review standards; (c)
list of submission elements; and (d) list of any changes made to plans from previous
submittals under the same application
√ √ √ √ √ √ √ List of waivers the applicant desires from the requirements of these regulations
and accompanying narrative describing the request(s), detailing the City's authority
to grant the request(s) and describing why the waiver(s) should be granted, or
statement that no waivers are requested.
√ √ √ √Project phasing plan or statement that no phasing is requested.
√ √ √ Estimated project construction schedule, construction phasing, and date of
completion, and estimated cost of all site improvements. (note: for FBC
subdivisions, only public infrastructure information required)
√ √ √ √ √ √ √ √ √ √ Any other information or data that the Administrative Officer or Development
Review Board shall require for a full assessment of the project pursuant to the Land
Development Regulations
√ √ √ √ √ √ √ √ √ √ Location map, showing relation of subject property to adjacent properties and
surrounding area.
√ √ √ √ √ √ √ √ √ √ Boundaries and area of existing subject property(ies), proposed property lines,
continues properties, and lots within the proposed subdivision numbered.
√ √ √ √ √ √ √ √ √ √ Boundaries of all zoning districts, transects, and overlay districts, and all
designations on the City's Official Map,
√ √ √ √ √ √ √ √ √ √ Location of existing restrictions on land, such as easements and covenants,
including but not limited to access ways and utility easements.
√ √ √ √ √ √ Location of planned restrictions on land, such as easements and covenants,
including but not limited to access ways and utility easements.
√ √ √ √ A complete survey of the subdivision, prepared by a licensed land surveyor,
showing the location, bearing and length of every street line, lot line and boundary
line
√ √ √ Existing and proposed permanent reference monuments. Where applicable, this
information shall be tied to reference points previously established by the City.
√ √ √ Copies of proposed deeds, deed restrictions, covenants, agreements or other
documents showing the manner in which open space, including park and
recreational areas, and school site areas are to be dedicated, reserved and
maintained.
√ √ √ √In the case of a subdivision or development served by a privately owned and/or
maintained street: A draft document suitable for recording regarding the number
of lots or dwelling units to be served by the proposed right-of-way or private street
stating the responsible party for roadway maintenance and a copy of all proposed
deeds, agreements, or other documents which convey or relate to the use of a
privately owned street or right-of- way.
√ √ √ √ √ √ √ √ √ √Lot area in square feet and acres
√ √ √ √ √ √ Location of existing structures on the site, and showing all site conditions to
remain.
SITE INFORMATION
South Burlington Land Development Regulations
Page 335 of 347
APPENDIX E SUBMISSION REQUIREMENTS
All Districts Except City Center FBC City Center FBC District
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin /
Site Plan
Submittal requirement
√ √ √ √ √ √ √ √ √ √Existing contours at a maximum vertical interval of two (2) feet.
√ √ √Proposed contours at a maximum vertical interval of two (2) feet.
√ √Location, dimensions, and layout of any off-street parking or loading areas, traffic
circulation areas, pedestrian walkways, and fire lanes.
√ √ Point-by-point lighting plan and cut sheets for all proposed outdoor lighting within
the site
√ √ √ Preliminary grading and drainage plan
√ √ √ √ √ √ Preliminary landscaping plan
Profiles and cross sections of roads
√ √ The location of any outdoor storage for equipment and materials if any
√ √Location, type and design of all solid waste-related facilities, including dumpsters
and recycling bins.
√ √ √ √Preliminary civic and site amenity plan
√ √ √ √ √ √ √ √ √ √Existing water courses & buffers, wetlands & buffers, base flood elevations if
located in an area of special flood hazad
√ √ √ √ √ √ √ √ √ √ Wooded areas, ledge outcrops, and other natural features
√ √ √ √ √ √Boundaries and design of existing and proposed designated open spaces, including
by propoer designation on plat all public spaces for which offers of cession are
made by the applicant
√ √ √ √A general concept of areas designated for landscaping.
√ √ Detailed specifications and locations of planting, landscaping, screening, and/or
buffering materials.
√ √ A plan of existing vegetation, with the type, and size of existing trees of six inches
or greater in caliper.
√ √ Detailed landscaping plan, including vegetation to remain, types of new plant
materials, identified by common name and botanical name, sizes of all new plant
materials by height and/or diameter at time of planting and at maturity, quantities
of each of the planting materials, and treatment of the ground surface (paving,
seeding, or groundcover) for all plantings, screening, buffering, and stormwater
infiltration.
√ √ Detailed breakdown of landscaping cost by plant demonstrating compliance with
minimum required landscpaing budget
√ √ Landscaping Phasing Plan including list of plants and cost to be included in each
phase
√ √Detailed erosion control plan demonstrating compliance with these regulations and
Department of Public Works Specifications, including protection of significant
existing vegetation during and after construction and location of interceptor swales
and sediment ponds
√ √ √ √ √ √ √ √ Location of proposed structures
√ √ Plans, elevations, floor plans, and sections of proposed structures. Plans shall be
dimensioned to show height measured from average pre-construction grade. Plans
shall also show any proposed division of buildings into units of separate occupancy.
√ √Location, type, and dimensions of roads, access points, and other roadway
elements
√ √Location of loading docks
√ √ Location and limits of outdoor storage areas
√ √ Location and layout of sewage disposal areas
√ Detailed elevations to demonstrate compliance with Building Envelope Standards
and material requirements
√ √Rooftop solar readiness zones and supporting computations
√ √ As required under 24 V.S.A. § 4416(b), letter of intent from the Agency of
Transportation confirming that the Agency has reviewed the proposed plan and is
prepared to issue an access permit under 19 V.S.A. § 1111, and setting out any
conditions that the Agency proposes to attach to the section 1111 permit.
√ √ √ √ Plans and profiles showing proposed street pavements including stationing,
proposed elevations along center lines of all streets including manholes, catch
basins, and culverts
√ √ √ √ The length of all straight lines, the deflection angles, radii, length of curves and
central angles of all curves tangent distance and tangent bearings for each street.
√ √ √ √ Roadway cross sections including curbs, gutters, and sidewalks
South Burlington Land Development Regulations
Page 336 of 347
APPENDIX E SUBMISSION REQUIREMENTS
All Districts Except City Center FBC City Center FBC District
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin /
Site Plan
Submittal requirement
√ √ √ √ Plans showing the location, size and invert elevations of existing and planned
sanitary sewers, storm water drains, and fire hydrants and location and size of
water, gas, electricity and any other utilities or structures.
√ √ √ Location of existing septic systems and wells.
√ √ Existing and proposed water and wastewater usage
√ √Location and design of pump stations
√ √ Location and size of transformers and other aboveground utility infrastructure
√ √Construction details of all required improvements.
√ √ Analysis of traffic impacts, if located in the traffic overlay district and/or required
by the DRB.
√ √ Proposed stormwater management system, including (as applicable) supporting
design data and copies of computations used as a basis for the design capacities
and performance of stormwater management facilities.
√ √Finished grades of retaining walls, steps, and ramps.
√Master Plan: See Article 15.B
Final PUD applications must provide both requirements of Site Plan and Major Final
Subdivision review
* note: the Land Development Regulations may contian additional submission requirements for specific requests and applications
Required maps must be prepared to scale by a qualified professional (e.g. engineer, architect, landscape architect, or urban designer) using the most current data and
South Burlington Land Development Regulations
Page 337 of 347
Bicycle Parking
Dimensions
24”
30”
30”1
39”2
24”
30”1 39”2
30”
30”
24”
30”
1 If measured between center points of u/hoop
2 If measured between outside edges of bracket
All distances listed as minimums.
30 30”
Page 338 of 347
1 If measured between center points of u/hoop
2 If measured between outside edges of bracket
Where more than one rack is to be placed perpendicular to the parking stall side lines, addiƟonal space is needed. This may come from:
Combining two exisƟng parking spaces
CreaƟng a dedicated parking space at least 11 feet wide
UƟlizing, for required access space only, the reserved space adjacent to handicap accessible parking.
Reserving and marking a space at least 2 feet in width‐ and as long as the parking space‐ adjacent to the bike parking space.
Where bicycle parking is immediately adjacent to vehicle parking, yellow bollards or
rubber curb stops shall be used.
All distances listed as minimums.
Bicycle Parking
in
Standard Vehicle Parking Spaces
18’
9’
24”
30”
301”
392”
24”
72”
30”
30”
60”
Page 339 of 347
ƉƉĞŶĚŝdž'ŝĐLJĐůĞWĂƌŬŝŶŐ
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ĐĐĞƉƚĂďůĞEŽƚĐĐĞƉƚĂďůĞ
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INVERTED U
Bike lockers
Vertical
Two-Tier
'ƌĂƉŚŝĐƐƵƐĞĚǁŝƚŚƉĞƌŵŝƐƐŝŽŶ͘ƌĞĚŝƚ͗ƐƐŽĐŝĂƟŽŶŽĨWĞĚĞƐƚƌŝĂŶĂŶĚŝĐLJĐůĞWƌŽĨĞƐƐŝŽŶĂůƐ͕ ƐƐĞŶƟĂůƐŽĨŝŬĞWĂƌŬŝŶŐ͕ϮϬϭϱPage 340 of 347
APPENDIX H HOUSING PRESERVATION
South Burlington Land Development Regulations
APPENDIX H: HOUSING PRESERVATION
Pre-Existing Dwelling Units Exempt from Housing Preservation per Section 18.03(C)(5)
1141 Airport Drive
1155 Airport Drive
1195 Airport Drive
98 Airport Parkway
115 Airport Parkway
121 Airport Parkway
127 Airport Parkway
165 Airport Parkway
221 Airport Parkway
223 Airport Parkway
225 Airport Parkway
1 Delaware Street
11 Dumont Avenue
32 Dumont Avenue
38 Dumont Avenue
44 Dumont Avenue
65 Dumont Avenue
52 Kirby Road
80 Kirby Road
110 Kirby Road
181 Kirby Road
184 Kirby Road
191 Kirby Road
199 Kirby Road
100-102 Kirby Road
114-116 Kirby Road
195 ½ Kirby Road
196 Kirby Road
12 Ledoux Terrace
10 Lily Lane
12 Lily Lane
14 Lily Lane
16 Lily Lane
18 Lily Lane
20 Lily Lane
22 Lily Lane
1 Patrick Street
9 Shamrock Road
35 South Henry Court
21 South Henry Court
384 White Street
390 White Street
Page 341 of 347
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Market Street
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Bike Boulevard
Commercial
Boulevard
Legend
Existing Road Parcels
Planned Recreation Path
Primary Existing Streets
Primary Planned Streets
Secondary Existing Streets
Secondary Planned Streets
Planned Street Right of Way
Proposed City Center Zoning
Transect Zones
T-1
T-3
T-3+
T-4
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Park/Civic
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\\PWSERVER\GISdata\Planning&Zoning\Zoning\FBC\FBC_PRim_SecRoads_BlockStndrd.mxd exported by:mbrumberg On 6/26/2017
City Center Form Based Code - Primary & Secondary Streets &
Block Standard Applicability
Effective Date: July 10, 2017
*Approximate locations of proposed roads, to be used for
planning purposes only. Please refer to original studies
for exact road centerlines.
0 700 1,400350
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Street Designation Label
Page 343 of 347
Page 344 of 347
Page 345 of 347
BurlingtonInternational Airport
NOT A VPZ
HINESBURGRD. - NORTH
DORSETPARK
SPEAR ST. -OVERLOOK PARK
DORSETPARKSPEAR ST. -OVERLOOK PARK
SPEAR ST. -OVERLOOK PARK DORSET PARK
SPEAR ST.- RIDGE DORSETPARKDORSETPARK
HINESBURGRD. - SOUTH
Overlay Districts- Map 1 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
\\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_1_20180810.mxd
South Burlington, Vermont
Urban Design Overlay
Primary Node
Secondary Node
Form Based Code Gateway Area
Gateway Area
Flood Plain Overlay District
Zone A - 100-year Flood Plain
Scenic View Protection Overlay District
Dorset Park
Hinesburg Road - North
Hinesburg Road - South
Spear Street - Overlook Park
Spear Street - Ridge
Map Features
Roads
Tax Parcel Boundaries
Urban Design Overlay District
Page 346 of 347
BurlingtonInternational Airport
Overlay Districts- Map 2 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in Vermont State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
\\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_2_20180807_1006..mxd
South Burlington, Vermont
Map Features
Roads
Tax Parcel Boundaries
Traffic Overlay DistrictMajor Intersections - Zone 1
High Volume Roadway Segments - Zones 2A, 2B, 2C
Balance of Restricted Roads - Zone 3
Transit Overlay District
Transit Route
Transit Overlay District
Airport Approach Corridors
Airport Approach Corridors
Page 347 of 347
1
Report from the South Burlington Charter Committee to
the South Burlington City Council
November 4, 2024
On September 3, 2024, the City Council gave the following charge:
BE IT RESOLVED that the South Burlington Charter Committee convene to discuss a
potential ballot item, which if passed, would allow for all legal residents of South
Burlington to participate in local elections on Town Meeting Day and for any
supplementary city, school, or bond votes and to bring back a recommendation to
the City Council on November 4, 2024.
Our Committee met on September 30 and October 16. We agreed that we need more time to
produce a recommendation that will be helpful to the Council. The Committee is offering a plan
and would like some feedback from the Council on how we should proceed.
The Committee would like to conduct some interviews and collect some additional data
before making a recommendation. Because this would be a charter change, the Council will need
to have two public hearings before putting language on the ballot, if it decides to move forward.
This process would not allow a vote on this issue on Town Meeting Day 2025. The Committee
could set up interviews over the next few months and gather additional data. If the Council wants
us to have a forum for public engagement, we could do that as well, likely after Town Meeting Day
2025.
Committee members would like additional information and testimony.
• Data on number of people of voting age legally residing in South Burlington who are
not U.S. citizens
• Interviews
o Chris Shaw, Chair of South Burlington Democratic Committee, on the
request to the Council and the equities of all-resident voting
o Town clerks and possibly poll workers from Winooski, Burlington, Montpelier
• Logistics behind the scenes
• Different voter checklist
• Ballots in different languages
• Separate ballots
• How the process works in practice at the polling place
• Projected costs
• Number of people who met criteria who registered to vote
• Number of people who met criteria who voted
o Members of the affected group (legal residents of South Burlington
who are not U.S. citizens)
2
o New U.S. citizens residing in South Burlington
o Member of the Board of Civil Authority
• Community outreach – public hearings?
Right now is a difficult time to find some of the information we are looking for because many
people we want to talk to are currently involved in preparing for the November 5 election. We did
obtain some initial information, described below, but we would like to know more about how this
process works in the three cities that allow all-resident voting in some local elections so that we
can inform the Council of relevant logistical challenges/statistics/other information.
We obtained some initial information from the town clerks in the all-resident voting cities.
We were able to ask a few questions of the clerks from the three cities that currently have all
resident voting. However, they did not get into much detail as they are all very busy preparing for
the November Presidential Election. They graciously gave their time to respond to a few of our
questions, but this does not take the place of a more in-depth conversation at a future time where
the entire Committee can ask questions.
• Burlington has approximately 1,450 legal-resident non-US citizens of voting age and
116 (7%) registered to vote. In March 2024, 97 voted (6.5% of eligible non-citizen
voters).
• Winooski has around 900 legal-resident non-US citizens but the clerk did not say
how many had registered to vote. In their three elections allowing all-resident voting,
they have had 54, 25, and 16 people vote (6%, 2.7%, and 1.7% of eligible non-citizen
voters).
• Montpelier’s clerk did not have the number of eligible legal-resident non-US citizens
available at this time but 18 had registered to vote. They also have had three
elections using all-resident voting and have had 5, 8, and 13 people vote.
See Exhibit A for more detail on the responses from the clerks.
When asked about the cost of all-resident voting, the clerks said that it depends on several
factors. Annual meeting ballots are not different between US and non-US citizens, unless they are
printed in all the languages spoken in the city. If there is a city issue (which there is most
Novembers), then cities could either print a municipal ballot for everyone in addition to the federal
and state ballot or they could print a separate municipal ballot just for non-citizen voters. The cost
varies depending on whether the city has tabulator-read ballots or paper ballots that must be
hand-counted at the end of the night. The cost also varies greatly if the city has interpreters -
Winooski pays $3,000 for interpreters. Winooski also has ballots prepared in 14 languages, which
cost the city another $2,900. Burlington spent about $5,000 on promotional materials that were
translated into the city’s different languages.
3
In South Burlington, we may need interpreters for each voting location. The South
Burlington School District states that in the 2023-2024 school year, 7% of the students were
identified for English learner services, representing “over 40 languages.”1 Vermont’s Office of
Racial Equity recommends that vital documents be translated into 14 languages, regardless of
whether or not the voters are US citizens.2 One possibility is to do what Burlington does, and have
a sample ballot printed in several languages available for voters to consult.
All three clerks reported that their biggest problem is maintaining the separate checklist.
They cannot enter the non-US citizen voters into the statewide voter checklist and must find ways
to keep the list separate manually. All three mentioned that maintaining a separate checklist is
difficult and time consuming. The Montpelier clerk said that this is very problematic and is “a
doozy of a problem.” The Winooski clerk was also very concerned about the polling location and
needing extra workers for a separate check-in table to prevent non-US citizens from receiving a
state or federal ballot in elections that were not the annual town meeting.
There are still legal issues left open on all-resident voting.
Montpelier’s charter change was upheld by the Vermont Supreme Court on January 20,
2023. That charter change allowed legal residents who are not U.S. citizens to vote in local
elections, which the court found to be constitutional under the Vermont Constitution. It held that
the voter qualifications in the Vermont Constitution did not apply to municipal/local elections
Winooski’s charter change was also challenged. That charter change allowed all-resident voting
in local elections and also on school budgets. That challenge was dismissed by the Chittenden
Superior Court on December 1, 2023.
Burlington’s charter change is the latest to be challenged and litigation is ongoing. Note
that this case is at an early stage, currently at the Chittenden Superior Court. The City of
Burlington filed a motion to dismiss the case in July 2024, the plaintiffs responded in September,
and the City replied in early October. Any opinion from the Superior Court will likely be appealed to
the Vermont Supreme Court.
The question in the Burlington case is whether a vote on a school budget is actually local or
if it is in fact statewide because of the statewide implications from local school budgets. The
Vermont Supreme Court did not rule on all-resident voting on school budgets. In the Montpelier
case, the Court specifically said that it was not deciding “whether a specific vote is properly
municipal or statewide.” The Committee may need input from the South Burlington City Attorney
1 https://www.sbschools.net/page/multilingual-learners
2
https://racialequity.vermont.gov/sites/reap/files/doc_library/Office%20of%20Racial%20Equity%20Language%20Acc
ess%20Report%202023_0.pdf, p. 23
4
on this matter and would want to discuss which elections and questions all-resident voting should
include.
Filling the vacancy on the Charter Committee
There is currently a vacancy on the Charter Committee. The Committee discussed whether
its current makeup appropriately represented the community. There was disagreement over
whether we should seek a non-citizen resident of South Burlington to join the Committee, but we
agreed that a younger resident of South Burlington (under 35) would be a good addition and help
us better represent the experiences of the community.
5
Exhibit A - Responses from City Clerks from Winooski, Burlington, and Montpelier to
initial questions on all-resident voting
•
•
•
•
MEMORANDUM OF UNDERSTANDING
By and between the
CITY OF SOUTH BURLINGTON
and the
SOUTH BURLINGTON PUBLIC LIBRARY BOARD OF TRUSTEES
WHEREAS, the South Burlington Public Library (SBCL) is subject to the laws of the State of
Vermont, which prescribe the rules and responsibilities of the Library Board of Trustees (LBOT)
as stewards of the Library; and
WHEREAS, the City of South Burlington (City) takes great pride in the Library and wishes to
continue to foster an environment of collaboration and shared responsibility between the City
and the LBOT; and
NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and
other good and valuable consideration, the sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. Library Director and Personnel
a. Library Personnel will be deemed City employees subject to hiring, managing,
evaluating and firing by the City Manager as outlined in the City Charter, in
consultation with the Library Director, and in accordance with the City’s Personnel
Rules and Regulations, as outlined in the Employee Handbook.
b. The Library Director shall be considered a City Department Head and shall be
responsible for following and upholding City personnel rules and regulations, as well
as attending Leadership Team/Department Head meetings and other pertinent
meetings where appropriate.
c. The City Manager, in collaboration with the LBOT, will be responsible for hiring,
evaluating annually, and managing the Library Director.
d. The LBOT, in collaboration with City Management, shall be responsible for creating,
adopting, and changing the job description for the Library Director as necessary.
e. Those Library employees whose employment is covered by the collective bargaining
agreement between the City and AFSCME Local 1343 shall be afforded all rights and
remedies as outlined therein. City Management shall be responsible for the
negotiation of all collective bargaining agreements that shall be approved by and
ratified through the South Burlington City Council.
2. Financial Management and Budgetary Process
a. The LBOT will work with the Library Director and City Management to
recommend annual and long-term budgets for presentation to the City Manager
and then the City Council by October of each year.
b. The LBOT will review the Library’s annual budget expenditures and revenues
every quarter through financial reports provided by the Library Director or City
Finance Director.
c. The LBOT will work with the Library Director and City Finance Director to make
adjustments as necessary within the annual budget line items, so long as such
adjustments meet the intent of the voter-approved annual budget.
d. The Library, through the LBOT and Library Director, will adhere strictly to all
applicable financial policies, procedures, and regulations established by the City,
as well as all relevant local, state, and federal laws governing financial practices.
This includes, but is not limited to, compliance with accounting standards,
financial reporting requirements, tax obligations, and anti-fraud measures.
e. The LBOT will oversee the Library Gift Account, of which the City serves as
custodian.
f. Any Library fundraising or donations earmarked for the Library will supplement
City funding rather than supplant it and such funds cannot be used for any other
City purposes.
g. The LBOT will present, with the Library Director, the Annual Report of the
Library to the City Council and community.
3. Setting Library Policy
a. The LBOT will work with the Library Director to set policies and procedures that
are in the best interest of the residents of the City and that are in compliance with
all state and federal laws and regulations.
b. The LBOT shall maintain a library material selection policy and procedures for
the reconsideration and retention of library materials that comply with the First
Amendment to the U.S. Constitution, the Civil Rights Act of 1964, and State laws
prohibiting discrimination in places of public accommodation, and that reflect
Vermont’s diverse people and history.
c. The LBOT will maintain a long-term strategic plan for the Library, in
collaboration with the Library Director and City Management, which shall be
reviewed annually.
d. The LBOT will maintain and regularly review the LBOT’s Policies and
Procedures, along with governing bylaws, to keep them relevant and up to date.
e. The LBOT will be the governing body of the Library.
i. The LBOT is a “public body” as defined by 1 V.S.A. §310.
ii. The LBOT will be comprised of eleven Trustees, appointed by the City
Council.
iii. The LBOT will have a Chair, Vice-Chair, Secretary, and Treasurer elected
annually by the LBOT.
iv. The LBOT shall be responsible for overseeing and managing all
relationships with non-profit organizations related to the Library's activities
and objectives. This includes, but is not limited to, establishing and
maintaining communication with non-profit entities, negotiating and
managing agreements or partnerships, ensuring compliance with relevant
regulations and guidelines, and evaluating the performance and impact of
such relationships. The Trustees shall act in the best interest of the Library,
ensuring that all engagements with non-profit organizations align with the
Library’s mission and strategic goals.
4. Library Facilities and Capital Planning
a. City Management, in partnership with the Library Director, will be responsible for
the daily maintenance of the Library facilities at 180 Market Street.
b. City Management, in partnership with the Library Director, will be responsible for
the Charter-required 10-year Capital Improvement Plan (CIP). The Library
Director will facilitate getting feedback from the LBOT on this CIP by October
annually.
c. The City Council is responsible for adopting the annual CIP.
5. Promoting Library Use
a. The LBOT will be responsible for being advocates in the community and promote
the Library and its services.
b. The LBOT will support Library services and will visit and observe Library
operations on a regular basis.
c. The LBOT will serve as representatives of all South Burlington residents and will
advocate for a library that meets the community’s current and future needs.
d. The LBOT will provide the City Council with a list of skills needed by the LBOT
to aid them as they recruit and appoint new LBOT members.
e. City Management will partner with the LBOT and the Library Director as needed
on promotional activities and materials.
6. Cooperative Agreement with the City shall be Consistent with Vermont State Statutes
a. The overriding goal of the agreement herein is to promote the City and LBOT
working together in the spirit of cooperation.
b. The City shall continue to provide financial, administrative, and human resources
services in adherence to those policies and procedures as are currently in place
and as may be amended from time to time.
c. As the Library Director may need additional support from the City, such requests
shall be considered and answered as appropriate.
d. The LBOT may delegate to City Management the administration of matters which
do not involve discretion or policy with regard to the Library.
e. On matters involving discretion or policy regarding the Library, the LBOT and the
Library Director will consult with City Management before taking actions
affecting the fiscal interests of the City or the Library. The LBOT and the Library
Director will consider City Management’s views prior to taking any action on
such matters and will seek City Council approval when necessary.
7. This Agreement will be reviewed by both entities at least once every five years or when
otherwise requested in writing by either party. Any necessary amendments will be
considered in a timely manner. The Agreement shall not be modified without the written
approval of both parties.
8. This Memorandum of Understanding (MOU) shall remain in effect until substantially
modified by the parties, unless terminated earlier by mutual written consent of the parties.
Either party may terminate this MOU by providing six months’ written notice to the other
party. Termination of this MOU shall not affect any rights or obligations accrued prior to
the effective date of termination. This MOU represents the entire understanding between
the parties and supersedes all prior negotiations, representations, or agreements, whether
written or oral, relating to its subject matter.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding as of the _____day of _____________ 2024.
___________________________
Stacey L. Pape
Chair, South Burlington Library Board of Trustees
___________________________
Tim Barritt
Chair, South Burlington City Council
FY25 Policy Priorities Strategies
Adopted by the South Burlington City Council on 9/16/24
Role of City Manager and Leadership Team Role of the Public Art Committee
"This is how we are accomplishing this vision."Approved 10/15/2024
Goal 12, Action
141
Garden Street: Complete ROW, engineering, and bid project Issue Call to Artists for public art
component
Goal 12, Action
141
Williston Road Streetscape: Complete right of way acquisition, engineering, and bid project Issue Call to Artists for public art
component
Backbone Improve communication and engagement
*Launch and promote new website
*Add new communications methods (such as short-form video) to help make government more
ibl
Review Public Art website pages
content and suggest updates
Goal 2, 3, 5, 6, 44,
45, 77, 79, 80, 81;
Actions 4, 9, 10,
16, 17, 42, 43, 58,
71, 137
Land Development Regulations - with attention to legal defensibility
*Implement requirements of the HOME Act (Act 47) and BE Home Act
*Transportation Demand Management Regulations (CAP-TIP)
*Form Base Code updates and updates to successfully build out City Center
*Streamline regulations
*Electric Vehicle Charging Standards
Weigh in on any language/process
regarding public art/sculpture.
Goals -
55,56,57...Action
44, 87, 89
Complete the Parks & Open Space Master Plan (link to Active Transporation Plan)
*South Village Field: Determine future use and amend needed permit documents
Participate in the Parks & Open
Space Master Plan planning
process.
Goal 53, Action 80
and 81
Approve shows and support the
City Curator in publicizing four
shows annually at 180 Market
Street Public Gallery and support
public access to activities around
the works/artists exhibited.
Role of Council
"This is the vision for our community"
City Plan Section City Plan 2024
Goals/Actions
Staff Action: implementation, work, and operational effort
FY25 - Lower Priority with progress made as able
City Center and TIF
Core Municipal Government
Land Use
Recreation, Community Services, and Culture
Growth: Intentionally understand and plan for growth in South Burlington
1
FY25 Policy Priorities Strategies
Adopted by the South Burlington City Council on 9/16/24
Role of City Manager and Leadership Team Role of the Public Art Committee
"This is how we are accomplishing this vision."Approved 10/15/2024
Role of Council
"This is the vision for our community"
City Plan Section City Plan 2024
Goals/Actions
Staff Action: implementation, work, and operational effort
Goal 53, Action 81 Select public art for Williston Road Streetscape, Garden Street projects, and City-wide art.Brainstorm achievable community
activities around art. Issue call to
artists for the next City-Wide public
art commission.
Recreation, Community Services, and Culture Goal 52, Actions
79 , 80 and 81
Cultural Strategic Plan: Define goals, issue RFP, enter into contract with a consultant, start data
collection and stakeholder engagement
Ensure that Funding is reserved or
designated for a Cultural Plan; Hear
from local and regional arts
organizations, businesses and
leaders to understand the current
local resources.
Goal 52, Action 81 Continue to streamline process for
when the Committee is requested
to act in an advisory role with
respect to public art.
FY26 Bike Rack
Recreation, Community Services, and Culture
2
Source/Type of Task City Plan 2024 Staff Action: implementation, work, operational effort City Plan Section
City Council FY25 PPS Action 27 Participation in Economic Development Plan Economy
City Council FY25 PPS Goal 2, 3, 5, 6, 44, 45, 77, 79, 80,
81; Actions 4, 9, 10, 16, 17, 42,
43, 58, 71, 137
Land Development Regulations - with attention to legal defensibility
*Implement requirements of the HOME Act (Act 47) and BE Home Act
*Transportation Demand Management Regulations (CAP-TIP)
*Form Base Code updates and updates to successfully build out City Center
*Streamline regulations
*Electric Vehicle Charging Standards
Land Use
City Council FY25 PPS Goal 2, 3, 5, 6, 44, 45, 77, 79, 80,
81; Actions 4, 9, 10, 16, 17, 42,
43, 58, 71, 137
LDRs - Supporting uses in Commercial/Industrial Areas - including uses in
commercial districts, consolidation/realignment of districts
Land Use
City Council FY25 PPS Goal 48, Action 58 Official Map
*Updates to City Center area to complement Form Based Code
*Update following completion of Active Transportation Plan
*Review for consistency with 2024 City Plan
Land Use
City Council FY25 PPS Goal 79; Action 19 Explore downtown designations for the City. In FY 25, collaborate with CCRPC on
development of Regional Plan, including downtown designations and Act 250 Tiers.
Land Use
City Council FY25 PPS Goal 79; Action 4, 17 Consider changes related to Act 250 reform (H.687)Land Use
City Council FY25 PPS Goal 54, 57, 60, 61; Action 87 Participate in Parks Master Plan Recreation
Parking management Plan
Goal 42, 43, 44, 46; Action 56,
59, 66, 72, 75, 78
Participate in Active Transportation Plan Transportation
City Council FY25 PPS Participate, as needed, in discussion of regulation and/or incentives related to
chipping during construction Land Use
Ongoing Responsbility Receive requests for LDR changes from public per Commission policy Core Municipal
Government
Ongoing Responsbility City Plan 2024 Check-in - setting baselines, check with staff depts, Council, and
committees re progress
Core Municipal
Government
Ongoing Responsbility Schedule time and hold open session brainstorm on city project/priorities for FY26 Core Municipal
Government
Ongoing Responsbility UPWP - CCRPC grant and project system Transportation
FY 2025 PLANNING COMMISSION WORK PLAN
Page 1 of 2 Approved 2024-09-24
Source/Type of Task City Plan 2024 Staff Action: implementation, work, operational effort City Plan Section
Follow-up on latest LDR
Amendment
Goal 2, 3, 5, 6, 44, 45, 77, 79, 80,
81; Actions 4, 9, 10, 16, 17, 42,
43, 58, 71, 137
Heights - reexamine heights table, accessory structure heights, and measurements Land Use
Follow-up on latest LDR
Amendment
Goal 2, 3, 5, 6, 44, 45, 77, 79, 80,
81; Actions 4, 9, 10, 16, 17, 42,
43, 58, 71, 137
Medium-Scale Neighborhood Uses - reexamine MSN scale and allowed uses Land Use
Follow-up on latest LDR
Amendment
Goal 2, 3, 5, 6, 44, 45, 77, 79, 80,
81; Actions 4, 9, 10, 16, 17, 42,
43, 58, 71, 137
Review use of Alternative Compliance/Modification/Waiver tools Land Use
Regulatory Topics Goal 11, 17; Action 16, 28, 29 Evaluate "Light Manufacturing" for changes to use definition Land Use
AS TIME ALLOWS
Source/Type of Task City Plan 2024 Staff Action: implementation, work, operational effort City Plan Section
Regulatory Topics Goal 6, 7, 8; Action 6, 10 Examine number of bedrooms mix and standards Housing
Regulatory Topics Action 10, 14 Examine Site Amenities - sqft required per unit Housing
Regulatory Topics Goal 5, 14; Action 130, 132 Evaluate Urban Design Overlay district Land Use
Non-Regulatory Projects Goal 11, 14, 17, 21; Action 16,
17, 20, 29
Encouraging small business and business lifespan planning (variety of commercial
spaces, etc.)
Economy
Non-Regulatory Projects Goal 2, 3, 4, 6, 8; Action 5, 6, 7 Encouraging affordable housing - recommend changes to fee structure, encourage
housing for families, etc.
Housing
LDR Maintenance Goal 2, 3, 5, 6, 44, 45, 77, 79, 80,
81; Actions 4, 9, 10, 16, 17, 42,
43, 58, 71, 137
Evaluation of Subdivision Standards Land Use
LDR Maintenance Explore adding another threshold to landscaping budget standards Core Municipal
Government
LDR Maintenance Evaluate and recommend tweaks to TDM and transit as needed Core Municipal
Government
LDR Maintenance Update drawings in LDRs Core Municipal
Government
LDR Maintenance Update list of homes exempted from Housing Preservation Core Municipal
Government
LDR Maintenance Technical scrub of Articles 13, 14, 15 Core Municipal
Government
LDR Maintenance Evaluate combining Habitat Blocks into NRP Core Municipal
Government
Page 2 of 2 Approved 2024-09-24
MEMORANDUM
To: South Burlington City Council
From: Jessie Baker, City Manager
Andy Brumbaugh, Communications & Outreach Manager
Date: November 4, 2024
Re: Coffee with a Councilor Next Steps
Here are our recommended next steps to continue the Coffee with a Councilor initiative beyond
the last scheduled session held on October 19, 2024. The proposed dates below have been
chosen with upcoming holidays in mind and timed to allow the council to receive feedback or
provide information about key events or decisions.
Next session – City Hall/Library
• November 16 – between Election Day and Thanksgiving
Subsequent sessions – locations TBD
• December 7 or December 14 – before or after the December 12 budget retreat
• January 11 – in advance of the January 13 final public hearing on the FY26 budget and
potential approval (or special meeting)
• January 25 – post-decision on the FY26 budget
• February 8 – leading up to TMD
• February 27 – leading up to TMD
After Town Meeting Day, sessions would continue once per month.
The following location suggestions for future meetings consider elements from our draft Equity
in Planning Toolkit, including meeting people where they are, hosting engagement in accessible
locations, choosing venues near public transportation or central community areas, and being
present in community spaces. These locations should provide enough space to host a small
gathering. In business locations where beverages are served, participating councilors could open
a tab to ensure there is no cost to residents for attending.
• Burlington Bagel Bakery & Café - 992 Shelburne Rd, South Burlington, VT 05403
• Market 32/Starbucks - 595 Shelburne Road and/or Shaw’s South Burlington - 570
Shelburne Road
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
• University Mall (pop-up in the food court or a seating area) – 155 Dorset Street
• Goodwill Store - 1080 Shelburne Road
• Barnes & Noble -102 Dorset Street
• South Burlington Public Library – 180 Market Street
• And, of course, the Schools continue to be an option for a rental fee.
We will contact these locations regarding permission and logistics pending feedback from the
Council.
Once a schedule is decided, we will develop a communications plan that include advertisement
of the whole program and predictable schedule, specific postings a week out and reminders a few
days before each event. We will use our website, City News, Front Porch Forum, and
partnership with the School to help communicate these events.
•
•
•
•
•
Disclaimer: The information provided here is intended to be an overview only. Vermont tax statutes,
regulations, Vermont Department of Taxes rulings, or court decisions supersede information presented here.
Revised October 2024 | Publication FS-1198
How to Adopt a Local Option Tax in Your Community
1
,ow a Dunicipality dopts a >ocal Kption Tax
1. TŚe leŐislative body oĨ tŚe municipality͕ sucŚ as a selectboard͕ must recommend tŚe local option tax by
maũority vote͘ 24 s͘S͘A͘ Α 1ϯ8;bͿ ;leŐislature͘vermont͘ŐovͿ.
2. At eitŚer an annual meetinŐ or a special meetinŐ called Ĩor tŚis purpose͕ tŚe maũority oĨ tŚe municipality͛s
voters wŚo aƩend tŚe meetinŐ and vote must approve tŚe local option tax͘ 24 s͘S͘A͘ Α 1ϯ8;bͿ ;leŐislature͘
vermont͘ŐovͿ.
3. TŚe municipality must Őive tŚe epartment at least 90 days͛ notice beĨore tŚe Ƌuarter start-date oĨ a
newly eīective local option tax͘ 24 s͘S͘A͘ Α 1ϯ8;aͿ;2ͿͿ ;leŐislature͘vermont͘ŐovͿ͘
xample͗ A municipality votes ͚yes͛ to a LOT on Town DeetinŐ ay͕ DarcŚ 4͘ TŚe municipality notiĨes tŚe
epartment oĨ Taxes by DarcŚ ϯ1 ;tŚe last day oĨ tŚe Įrst ƋuarterͿ tŚat tŚey Śave cŚosen to start assessinŐ
LOT͘ TŚe earliest eīective date oĨ tŚe new LOT is tŚe beŐinninŐ oĨ tŚe tŚird Ƌuarter ;:uly 1Ϳ͘
sermont law at 24 s͘S͘A͘ Α 1ϯ8 ;leŐislature͘vermont͘ŐovͿ allows municipalities to adopt one or more oĨ tŚree
types oĨ local option taxes ;LOTͿ͘ TŚis Őuide explains wŚat local option taxes are͕ Śow to adopt and repeal
tŚem͕ and tŚe role oĨ tŚe sermont epartment on Taxes in administerinŐ tŚem͘
that /s a >ocal Kption Tax͍
A local option tax is a way Ĩor municipalities in sermont to raise revenue by assessinŐ a 1й tax in addition to
certain State tax types͘ TŚere are tŚree types oĨ LOT͗
• 1й local option tax on sales͕ in addition to tŚe State͛s ϲй sales tax rate
• 1й local option tax on meals and alcoŚolic beveraŐes͕ in addition to tŚe State͛s 9й meals tax and 10й
alcoŚolic beveraŐe tax rates
• 1й local option tax on rooms in addition to tŚe State͛s 9й rooms tax rate
For example͕ a LOT on sales applies only to sales oĨ items tŚat are subũect to tŚe sermont sales tax͘
Eote͗ LOT does not apply to tŚe sale or rental oĨ motor veŚicles͕ as tŚey are subũect to PurcŚase and hse Tax͘
Where to Begin
acŚ municipality͚s situation is uniƋue͘ Dunicipal oĸcials sŚould consult residents and business owners to
ascertain tŚe beneĮts and conseƋuences oĨ adoptinŐ a LOT͘
Prior to adoptinŐ a LOT͕ oĸcials sŚould consider speaŬinŐ witŚ leŐal or otŚer tax proĨessionals as well as otŚer
sermont municipalities tŚat Śave considered adoptinŐ LOTs͘
The Vermont Department of Taxes does not provide legal or tax advice
to individual municipalities about local option tax decisions.
2
Does a municipality still need to get legislative approval by the Vermont legislature?
No. Act 144 of 2024 (legislature.vermont.gov) changed the process by which municipalities may adopt a LOT. A
local charter change and approval of the charter change by the Vermont legislature are no longer required.
Can a municipality adopt a LOT at any time?
Yes, as long as the three steps discussed above are followed. The Commissioner of Taxes may limit the number
of municipalities adopting a LOT in any given calendar year. See 24 V.S.A. § 138(h) (legislature.vermont.gov).
Administration of Local Option Tax
When a municipality votes to implement a LOT, all businesses authorized to collect taxes in Vermont are
required to collect from customers and pay to the Department all LOT for applicable sales that occur in or
are delivered to the participating municipality. As part of the review process, the Department verifies that
businesses have collected and paid LOT correctly.
The Department’s costs of administration and collection are covered on a per-return basis. The fee is $5.96 per
return, per town, and is deducted from the LOT collected, with 70% of the fee coming from the municipality’s
LOT revenue and 30% coming from the State’s Payment in Lieu of Taxes (PILOT) Fund. See 24 V.S.A. § 138(c)
(legislature.vermont.gov).
After retaining the fee, the Department sends 70% of the LOT collected to the municipality on a quarterly
basis. The remaining 30% is sent to the PILOT Fund. Money in the PILOT Fund is used to compensate
municipalities for State property located in the municipality that is exempt from property taxes. See 24 V.S.A. §
138(d) and 32 V.S.A. § 3709 (legislature.vermont.gov).
Effect on Businesses and Individuals
Local Option Tax is a destination-based tax, meaning it’s based on the location where the purchaser takes
possession. Once implemented, businesses must charge the LOT on taxable purchases completed within the
municipality where a LOT is in effect or when a taxable item is delivered to a customer within a municipality
with a LOT in effect.
Examples for LOT Applied to Retail Sales
1. A customer goes into a retail business in Williston (Williston has a LOT on sales), purchases a taxable item,
and leaves the store with the item. The customer has taken possession of the item in Williston, so the LOT
is due.
2. A customer in Newport (Newport does not have a LOT on sales) orders a taxable item from a retail
business in Williston, and the retailer mails or delivers the item to the customer in Newport. The customer
has not taken possession in Williston, so no LOT is due.
3. A customer in Williston orders a taxable item from a retail business in Newport and the retailer mails or
delivers the item to the customer in Williston. The customer has taken possession in Williston, so LOT is
due.
3
Examples for LOT Applied to Meals, Rooms, and Alcoholic Beverage Purchases
1. A customer dining in a restaurant in Waterbury (Waterbury has a LOT on meals and alcoholic beverage
sales) buys a meal and an aloholic beverage. The meal and the alcoholic beverage purchases are subject to
the 1% LOT.
2. A visitor staying at a hotel or bed and breakfast in Waterbury must pay a 1% LOT because Waterbury has a
LOT on rooms.
3. A business located within Waterbury that delivers a meal to a customer address in another town without a
LOT should not collect Waterbury LOT on that meal. A business located outside Waterbury that delivers a
taxable meal to a customer address within Waterbury must collect Waterbury LOT on that meal.
After a Municipality Elects to Adopt a Local Option Tax
As noted above, the municipality must give the Department at least 90 days’ notice before the quarter start-
date of a newly effective LOT. 24 V.S.A. § 138(a)(2) (legislature.vermont.gov). Upon approval by the
Department, businesses shall begin collecting the LOT on the first day of the quarter that begins after the
required 90-day notice period has elapsed.
During this period, the Department sends a correspondence to every business taxpayer in the municipality
with further instructions, including:
• How to determine when to charge a LOT
• Tools to help determine where LOT applies
• Electronic filing requirements
The Department also provides similar information and guidance to every business taxpayer in towns adjacent
to the LOT municipality.
Repealing a Local Option Tax
The voters of a municipality may repeal a local option tax at an annual meeting or a special meeting warned for
that purpose. To repeal a LOT, the vote must be by a majority of those present and voting. One of the following
must occur to initiate a municipal vote to end a LOT:
1. A majority of the legislative body of the municipality makes a recommendation to repeal the LOT, or
2. A petition of 10% of the municipality’s voters makes a recommendation to repeal the LOT.
Resources
• Local Option Tax (tax.vermont.gov/business/local-option-tax)
• GB-1230, Guide to Meals and Rooms and Sales and Use Tax Statistical Data (tax.vermont.gov/sites/tax/
files/documents/GB-1230.pdf)
Questions? Contact the Vermont Department of Taxes at (802) 828-2551.
180 Market St South Burlington, VT 05403 802-846-4105
November 4, 2024
The following 2024 Tobacco License was approved by the South Burlington Liquor Control Board after
review by the City tax, fire and police departments:
NAME DESCRIPTION
Stewart’s Shops Corp. Tobacco License
SOUTH BURLINGTON LIQUOR CONTROL BOARD
_______ ______
Mike Scanlan Laurie Smith
______ _______
Tim Barritt Elizabeth Fitzgerald
_______
Andrew Chalnick