HomeMy WebLinkAboutAgenda - Planning Commission - 10/29/2019 - Special Planning Commission meeting
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
Cathyann LaRose, City Planner
SUBJECT: PC Staff Memo
DATE: October 29, 2019 Special Planning Commission meeting
1. Directions on emergency evacuation procedures from conference room (7:00 pm)
2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Planning Commissioner announcements and staff report (7:13 pm)
5. Planned Unit Development / Subdivisions / Master Plan project
a. Presentation and discussion of Natural Resources Working Group recommendations (7:20 pm)
See attached memo.
b. Review detailed outline of Traditional Neighborhood Development (TND) and Neighborhood
Commercial Development (NCD) Planned Unit Development standards (8:30 pm)
See attached draft outlines. These represent 2 of the 4 PUD typologies. The Commission has
previously reviewed the conservation PUD outline. Campus PUD typology is expected soon, and we
are working with the consulting team to outline how infill PUDs will work. Staff will host a discussion
through each, as these set up the framework for the intricacies, similarities, and differences among
each PUD type. We’re working with the consulting team to share an updated PUD type board (the one
that appears to have several pie charts). Graphic depictions can also be found in the Phase 1 report.
6. Consider and assign new private street name: Johnson Way (8:55 pm)
See attached memo.
7. Meeting Minutes (8:58 pm)
8. Other business (8:59 pm)
a. Town of Shelburne Planning Commission public hearing on proposed amendments to Zoning
Bylaw, Thursday, November 14, 2019, 7:00 pm, Shelburne Municipal Complex
These proposed bylaws make modifications to their Form Based Code District and to administrative
review authority.
9. Adjourn (9:02 pm)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Planning Commission
FROM: Cathyann LaRose, City Planner
SUBJECT: Building Typologies
DATE: October 29, 2019 Committee meeting
The Commission in May (see May 10 memo from PC leadership) established a small working group to
consider the implementation and impacts of natural resource protection goals within subdivisions and
PUDs and throughout the City as part of the Chapter 12 amendments underway. Jessica, Bernie, and
Alan Strong, chair of the SB IZ Open Space Committee, have met several times in the months since to
work through these considerations. The natural resource working group has continued to discuss a
wholistic approach to natural resource planning. The group has identified sources and methods for
approaches to water quality and hazards. While PC leadership gave a brief overview in early September,
the group is now ready to provide more detail and lead the discussion of the work to date.
Natural Resource Considerations:
Attached is the most recent outline of natural resource considerations produced by the working group.
This is a bulleted overview of the main considerations and points. More detailed language will be
incorporated into the standards, with some already in draft form through the subdivision language and
chapter 12 re-write, early drafts of which have been reviewed by the Planning Commission.
These mark a point for commission discussion on policy. There does remain some small group work to
be completed, particularly related to the treatment of existing and planned agricultural lands and the
identification thereof.
Arrowood Environmental/ Habitat Block assesment:
Recognizing that more professional assistance would be needed to assess potential habitat blocks in the
city, we solicited a proposal for assistance from Arrowood Environmental. The scope of that was
reviewed by the Commission in early September; a contract has since been signed and work has begun,
with a presentation date in late January or early February expected.
Natural Resources Considerations
Planning Commission 2019-10-29
NATURAL RESOURCE CONSIDERATIONS
Regulatory Framework
Hazards
• Surface Waters
o Streams & 50’buffers
o River Corridors (2019)
o Muddy Brook, Potash Brook, Winooski River with 100’ buffer
• 100 year floodplain, special flood hazard area
• Class 1 Wetlands and 100’ buffer
• Class 2 Wetlands and 50’ buffer
• Slopes 20% or greater
Level 1 Resource
• Class 1 Forest Blocks*
• Rare, Threatened, Endangered Species
• Class 1 Ag Parcels*
Level 2 Resource
1. Class 3 wetlands and 50’ buffer
2. Intermittent streams
3. Class 1 Forest Block buffer*
4. Class 2 Forest Blocks*
5. Prime Ag Soils
*To be compiled by City: Forest/ habitat blocks drafted as part of Arrowwood contract and ag areas to
be identified)
Not yet assigned or mapped:
Aesthetics
Scenic Areas/ Scenic Views
Current overlay standards sufficient for now; study ongoing for additional areas. Likely not a
Class level resource as they are so site-specific. Possible short term solutions: tones, etc.
Natural Resources Considerations
Planning Commission 2019-10-29
Outline of Resource Function
Hazards
• No build area (including subdivision lots and building envelopes) except restricted infrastructure
encroachment
• Cannot be counted towards buildable land density except where included as NRP zoning or a
conservation PUD (if permitted)
• In subdivision:
o subdivision boundaries and lot lines shall be configured to extend contiguous resource
areas on adjoining parcels
o a proposed building lot may only incorporate a level 1 resource area if the resource area
is less than the minimum lot size for the underlying district
• Shall be designated in associated legal documents as protected open space to be maintained
and managed in common or single ownership
Level 1 Resource
• Same as hazards but does not remove land from maximum density calculations in PUDs. For
subdivision, no resources are counted towards density. For conservation PUD, no deductions
for resources.
Level 2 Resource
• Balance with other city goals (neighborhood connectivity, walkable neighborhoods, affordable
housing, higher density underlying zones, City Center objectives)
• Encroachments allowed but with policy/directions for avoidance and considerations in locating
building envelopes (shall/should avoid)
• Priority areas for use of land use allocation requirement for open space
Encroachments
Restricted Infrastructure Encroachment- Can only be permitted by the Development Review Board if
there is a finding that the encroachment:
[staff note: most of these will be guided by restrictions within Chapter 12- Natural Resources or within
Overlay Districts chapter].
1. Is specifically regulated (permitted/restricted) elsewhere in the SBLDRs.
2. Is necessary to rectify a natural catastrophe for the protection of the public health, safety and
welfare.
3. Functionally dependent purpose such as critical facilities.
4. Is a roadway, access drive, or recreation path for purposes of crossing a resource area (working
group note: this may be amended with more restrictive guidelines to prevent fragmentation of
Class 1 forest areas) to gain access to land on the opposite side of the area, or for purposes of
Natural Resources Considerations
Planning Commission 2019-10-29
providing safe access in accordance with City roadway and connectivity standards to an approved
use, only in cases where there is no feasible alternative for providing safe access
a. In the case of stream buffers, the road infrastructure 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 10.01(C)(1)(a) and (b) and ten (10) feet from the edge of channel of the surface
water of all other streams.
b. In the case of wetlands, the road infrastructure shall be as narrow as safely possible (insert
other language here from adopted LDRS related to this).
Misc notes or next steps for working group:
• Ag lands- will need to produce map of valued agricultural lands beyond what soil types indicate
• What if a property is predominantly (>75% as an example) covered by a Level 1 resource?
o Options for level 1 resources- zoning district designation as NRP?
o List as high priority for conservation?
• Restoration/mitigation for impacts- require in exchange for impacts to a certain level of
resource?
• Conservation PUD trigger: >50% of land in hazards? Class 1 resources? Or all resources?
Natural Resources Considerations
Planning Commission 2019-10-29
Assessing lands for future agricultural suitability:
What and Why:
(p63) The future of farming in South Burlington will likely be closer to the model of urban agriculture,
than to the dairy farms that dominated the city’s landscape a century ago. Urban agriculture
incorporates a range of techniques from container gardening on windowsills and or balconies to
commercial, production‐scale greenhouses. Urban agriculture focuses on farming activities that have a
relatively small footprint and that can comfortably co‐exist with neighboring residents and businesses.
Urban agriculture contributes to a sustainable and secure food supply by producing, processing and
selling food within a community. Urban agriculture includes a number of land use activities that fall
outside the scope of ‘farming’ as defined in state law and exempted from local zoning.
Current Use: Limited and voluntary.
Natural Resources Considerations
Planning Commission 2019-10-29
According to the Sustainable Agriculture report (p 46), to reach the median household income in SB:
According to Hendrickson’s well‐known and respected (2005) study23, there appears to be “sweet spot”
of viable market farms in the range of 3 to 12 acres.
Dairy: 73 acres/farm
Grain: 773 acres/farm
Meat: 479 acres/farm
Options (see full list on page 85, but other references from body of report are included below):
1. Identify for conservation:
By Soil type (prime)
Benefit: Predictable and quantifiable; fair; already largely regulated by the state where there is
Act 250 jurisdiction
Concern or limitation: some of these soils exist in areas where more intense development is desired
(transit routes); does not capture valued sites already in agricultural production, including the UVM
Horticulture Farm, Belter Farm
2. LDR amendments (support urban agriculture)
See recommendations on pages 63-69 of Ag report which includes recommendations related to
definitions, allowed uses, keeping even conserved land in productive use (p 70), protection of topsoil,
backyard ordinances beyond chickens, edible landscaping, wastewater capacity (this has additional
implications that should be discussed)
3. PUD implications
By including prime/primary ag soil types on the Level 2 resource list, these can be prioritized for
use in meeting civic space requirements.
Neighborhood Commercial PUD
Description: A type of planned development that accommodates concentrated, walkable forms of
higher density, mixed use development that are intended to provide a focal point and serve
adjoining residential neighborhoods located within walking distance of the commercial center. A
Neighborhood Commercial PUD may be considered separately or in association with one or more
Traditional Neighborhood Developments. The primary goals of this PUD type are to provide goods
and personal services, opportunities for social interaction and civic engagement, and additional
housing, employment, recreational, and transportation options for neighborhood residents; and to
enhance neighborhood character by visually and functionally integrating new development,
including new forms of compatible infill and redevelopment, into the existing pattern of
development.
Purpose: [Review against Comp Plan]
To reinforce diverse, walkable and transit-friendly neighborhoods that offer a good quality of life
To promote compact [nodal], higher density mixed use development in locations within walking
distance (½ mile) of adjoining residential neighborhoods, at densities that support transit service
To establish neighborhood centers that offer local goods, personal services, and civic
engagement, recreational and employment opportunities for neighborhood residents
To develop or re-establish more efficient, interconnected street, pedestrian and transit
networks that accommodate all users
To meet the city’s targets for affordable and work force housing, including higher density multi-
family and mixed-use housing options
To accommodate and integrate context-sensitive forms of mixed-use infill and redevelopment
within or adjacent to established residential neighborhoods and commercial centers
To visually and functionally integrate mixed use development with adjoining neighborhoods in a
way that enhances neighborhood character and complements or expands housing, shopping,
recreation and transportation options available to local residents.
To provide transportation options that reduce reliance on the personal automobile.
To promulgate an efficient land use pattern that includes a fiscally-sustainable public
infrastructure system
To support neighborhood design that is resilient to, and reduces impact upon climate change
Applicability: [Triggers…]
Allowed in the following zoning districts:
_______________________________________________
Required in the [Transit Overlay, other?] zoning districts [for parcels => 4 acres]
Context analysis area (uses, pattern of development): ½ mile pedestrian shed
Must be bordered by or accessed from a collector or arterial road; to be located at the
intersection of two arterial roads, an arterial and collector road, two collector roads, or a
collector and local road that serves adjoining neighborhoods.
Must be located adjacent to a fixed route transit route
Land Use Allocations: [Targets] Based on total parcel/tract area, less hazard and level 1 resource
lands:
Open Space: Minimum 10%
Resource Land: NA (Limited to regulated resources)
Civic Space: Min 5% [per Civic Space Types]
Residential: Minimum 50% [per Building/Housing Types]
Nonresidential: Minimum 30%
Civic Uses: Minimum 5% [Note: see current LDR definition…]
Unallocated: 10%
Design Criteria/ Elements [Standards/Guidance -- to be incorporated in regs as standards and/or
under related guidance -- for further discussion]:
Commercial Neighborhood: Area defined by a ½-mile pedestrian shed centered on the tract to
be developed [as measured from the entrance/approximate center/along the perimeter]
Primary Design Focus: Compact, higher density, mixed use neighborhood center intended to
serve one or more adjoining residential neighborhoods
Subzones: Mixed Use Center, Transition (Perimeter)
Mixed Use Center: Compact mixed use development area defined by a maximum [⅛-, ¼-] mile
radius centered on the tract to be developed, at the intersection with an arterial or collector
road
Connectivity: Walkable, gridded street and block network that defines regularly shaped
building lots, surface parking lots, and civic spaces; maximum average block length of
[300/400 FT]. Incorporate required street, pedestrian and rec path extensions, connections
to adjoining properties, and planned transit connections/stops
Streets: Streets, streetscapes that accommodate all users, but emphasize the public realm,
including pedestrian access, use and safety.
Building Types: Attached (block) or detached buildings that accommodate mixed use and
multifamily residential development, at a minimum density of [8] units per acre [or
underlying maximums, whichever is greater]
Building Orientation: Parallel to street frontage or front lot line, with well-defined and
articulated main entrance(s) that face the street or an adjoining civic space and are accessed
by connecting walkways [see related standards in CCFBC]
Walkability: Minimize distance between buildings (setbacks), building entrances [check
against current CCFBC standards]
Transparency (Glazing)/Blank Walls: [check against CCFBC standards]
Pedestrian Access: Sidewalks (by street type), crosswalks/bump-outs, mid-block crossings;
interior block pedestrian walkways, corridors connecting buildings, parking areas, civic
spaces
Covered entrances, walkways along principal streets (gallery, arcade, canopy, awning)
Minimum cleared sidewalk width: 6 feet [width to vary by street type?]
Vehicle access: primarily from side streets, alleys, service lanes, cross connections; limited
shared access from arterials, collectors, local streets; minimize number, width of curb cuts
along principal streets.
Parking: Located within building footprint (excavated, underground, pedestal, structured) or
off-site. Onsite surface parking limited to shared residential parking located within or to the
rear of fronting buildings and screened from view of street, adjoining properties. Bicycle
parking [per regulations]. [Also EV parking requirements?]
Transit: Incorporate existing- and plan for future- transit stops along existing or planned
transit routes, including associated pedestrian connections, amenities (shelter, covered bike
racks, benches)
Service, Loading Areas, Mechanical Equipment: Located to side or rear of principal building;
screened from view of street, adjoining properties
Utilities: buried; easements required for access to municipal infrastructure
Rooftop: Screened roof top mechanicals (setbacks, parapets, cornices)
Solar: rooftop, parking lot/canopy; ground mounted solar discouraged in this PUD type (not
count as open space, not supported in state applications)
Stormwater Management: per ordinance – LID techniques as applicable
Transition Zone: Remaining area outside of center, including perimeter bordering existing,
adjoining neighborhoods, development or open space, in which the pattern and scale of
development, including dimensional and design standards, are modified as necessary to
integrate new development within the existing adjoining pattern and scale of development, e.g.,
to include
Street and block extensions
Sidewalk, pedestrian, rec path connections
Lot area, frontage, setback, and height averaging or step downs
Limits on allowed uses
Mid-block (rear lot) or block face (street) transitions in dimensions, height, mass
Intermediate building types (e.g., moderate density housing types)
Contiguous civic/open space areas
Buffer zones, including landscaping, screening or functional greenspace between
incompatible uses/forms of development.
Dimensional Standards (may also vary by building type, subzone)
Maximum Average Block Length: [300/400] FT
Minimum Residential Density: [8/underlying whichever is higher] dwelling units/acre
Minimum Lot Size: 5,000 SF; W/D Ratio: 1:2 (guidance not standard)
Building Height: min [2-3] stories, max [3-4] stories – may vary by building type
Frontage Width: Min [40-50 FT) Max [100–150 FT] –may vary by building type
Setbacks (min/max): Front/Build-to-Zone [5-20 FT] to accommodate frontage areas (forecourts,
outdoor seating, displays, street amenities, etc.); Side/Rear [0-10 FT]; may vary by street or
building type [check against fire codes, especially w/re to alleys]
Allowed Uses:
Principal and accessory uses allowed within the underlying district, limited to multi-family
residential and compatible nonresidential (commercial, civic) uses
Prohibited Uses (specify): per the underlying zoning district/LDRs
Required vertical [and horizontal] mix of uses [as allowed in underlying district] to include
ground floor commercial, retail, personal service, and civic uses that support active street life,
and upper floor office and residential uses – may vary by building type
Allowed Types/Forms (generally more urban, e.g., T3, T4):
Open Space: Resource Lands (regulated), Designated Civic Space
Street types: _____________________________________________________
Streetscape Elements: Street trees, pedestrian scaled lighting, planters, kiosks, benches,
receptacles, water fountains, public art [reference current standards]
Allowed Building Types (Residential, Mixed Use, Civic):
Center: __________________________________________________________________
Transition Zone: ___________________________________________________________
Accessory buildings [other than shared parking structures] are prohibited
Drive-throughs are regulated in line with CCFBC
[Allowed Frontage Types: e.g., Arcade, Forecourt, Storefront]
Allowed Civic Spaces: Square, Plaza, Pocket Park, Playground, Greenway [check against more
urban civic space types in open space table]
Civic Space Amenities: Seating, benches, tables, water features, kiosks, vending areas, public art,
events space [reference current…]
Parking: Structured (wrapped, underground, screened ground floor/pedestal); shared surface
parking lots (rear, interior); on-street parking (by street type); limited shared onsite surface
parking for residential use
Solar: Rooftop, parking canopy; ground-mounted prohibited
Traditional Neighborhood Development
Description: A type of planned development that establishes or extends a traditional, compact,
walkable, pedestrian-oriented pattern of residential neighborhood development characterized by an
interconnected block and street grid, a discernable focal point such as a central square or green, an
integrated mix of housing types that front on local streets, and strategically located civic spaces and
buildings intended primarily to serve neighborhood residents. A TND may involve development of a
previously undeveloped area served by existing or planned infrastructure, or infill development on
vacant or underdeveloped parcels within or immediately adjacent to an established neighborhood.
Purpose: [Review against Comp Plan]
To build and reinforce, compact, walkable residential neighborhoods that offer a good quality of
life
To locate and design new residential development in a context-sensitive manner
To develop a more efficient, interconnected local street network that accommodates all users,
while also mitigating the impact of through traffic on residential streets
To meet city targets for affordable housing by offering a well-integrated mix of housing types,
including single family homes, duplexes, and small multifamily residences on small lots
To accommodate and integrate compatible forms of residential infill development within and
adjacent to established neighborhoods
To provide a neighborhood focal point, such as a central square, green or building, that
encourages civic interaction and accommodates neighborhood events
To fully integrate accessible civic spaces within each neighborhood, to include a mini-park or
playground within walking distance (¼-mile) of all dwelling units.
To promulgate an efficient land use pattern that includes a fiscally-sustainable public
infrastructure system
To support neighborhood design that is resilient to, and reduces impact upon climate change
Applicability [Triggers…]:
Allowed in any residential zoning district- per Commission guidance to date
Required in the following zoning districts for any parcel [with developable land area] of 4 or
more acres: (see PC guided map) _____________________________
Land Use Allocations/Targets (based on total parcel/tract area, less street rights-of-way):
Open Space: Minimum 10%
Resource Land: NA [limited to no build areas]
Park, Civic Space: Min 5% [per allowed open/civic space types]
Residential: Minimum 70% [per allowed uses, building/housing types]
Nonresidential: Minimum 10% [per allowed uses, building types]
Civic Uses: Minimum 5% [Note: see current LDR definition…]
Unallocated: 10% [per developer, based on site
Design Elements
Minimum TND tract area: [10+] acres Infill TND: [4+] acres
Neighborhood: Area defined by ¼-mile pedestrian shed centered on the tract to be developed
[as measured from the entrance/approximate center/along the perimeter]. A TND PUD may
consist of one or more connected but individually discernable neighborhoods
Primary focus of TND Neighborhood: Centrally located park, green or community center that
serves the surrounding residential neighborhood
Subzones: Center, Neighborhood, Edge
Center: Central square, green or civic building(s) which may be bordered by a mix of higher
density housing types (Town House, Live/Work, Small Multi-family)
Neighborhood: Mix of residential housing types (Single Family, Carriage House (ADU), Duplex,
Cottage Court) and smaller civic spaces (Green, Playground, Pocket Park) for use by
neighborhood residents
Edge: Transitional area along the perimeter of a TND PUD in which street and path connections
to adjoining properties are maintained, but dimensional standards (lot area, width, setbacks,
building height) may be adjusted as necessary to integrate new development with the existing,
adjoining pattern and form of development. An edge area may also incorporate greenways or
buffers as necessary to separate residential uses from adjoining incompatible nonresidential
uses.
Gridded, pedestrian-friendly residential street and block network designed to limit through
traffic through the use of T-intersections, other accepted traffic calming measures
* Graphically depict preferred block configuration(s)—tiered/alley, square, courtyard—SEQ…
Well-connected and integrated street, bicycle and pedestrian network that serves all users and
the entire neighborhood, and establishes or maintains connections to adjoining properties,
public facilities and transit routes. Dead-end streets may be allowed only where necessary due
to physical site constraints and must incorporate off-street pedestrian connections to adjoining
properties. See allowed street types.
Principal buildings that establish and maintain a consistent building line [front setback area]
along the street or an adjoining civic space.
Primary building facades [elevations] oriented parallel to the street, with main building
entrances facing the street, street corner, or a central square or green
Accessory buildings and surface parking areas located to the [side or] rear of principal buildings
or block interior, outside of required setback areas, and screened from view of street rights-of-
way
An integrated mix of allowed housing types (see allowed building types)
Common civic spaces located within ¼- mile of every dwelling unit, to serve residents of the
neighborhood (see allowed open/civic space types). Open space areas may include resource
protection (no build) areas if also specifically designed and managed for shared access and use.
Pedestrian sidewalks or paths that connect all principal buildings, civic spaces and uses, and
shared parking areas, to include sidewalks or paths on both sides of all streets [check against
street types]
Vehicular access to individual lots primarily from rear alleys, side streets or shared driveways or
service lanes that minimize driveway breaks along pedestrian street frontage.
Direct pedestrian, bicycle and pedestrian connections to existing or planned public facilities
located within [ ¼-/½-] mile of the tract, to serve residents of the TND [or payments in lieu?]
Transit stop improvements for any TND PUD [> _ units/_GSF] located directly on an existing or
planned transit route [within the Transect Overlay District].
Other? ___________________________________________________________________
Dimensional Standards
Yield density to be calculated based on total tract acreage [less designated civic space areas,
ROWs], and underlying zoning district dimensional, density requirements
Minimum Residential Density: 4 DU/acre or underlying district maximum, whichever is greater
Bonus Criteria- TBD
Maximum density to be determined based on underlying zoning, land cover (hazards and
resources) and further bounded by other requirements, including building types, maximum
district height and minimum district lot coverage requirements
Maximum [average] block length: 400 FT [check current in SEQ]
Minimum/maximum building lot area: 10,000 SF [check against allowed building types]
Minimum/maximum front setback (frontage area): 10/20 FT [check against allowed building
types]
Minimum/maximum building lot width/frontage: 25/75 FT [check against allowed building
types]
Minimum/maximum building height: 1.5/3 Stories [check against allowed building types]
Other? ____________________________________________________________________
Allowed Uses:
As specified for the underlying district, excluding ______________________________________
Allowed Types/Forms:
Required Civic Space Type (Center): Green or Square
Allowed Civic Space Types (Neighborhood): Green, Greenway, Playground, Pocket Park
Allowed Building Types: Single Family, Carriage House (ADU), Duplex, Small Multiplex (3-4 units),
Townhouse, Live/Work, Civic, [Small Mixed Use], Accessory [by building type]
Street Types:
Parking: On-site, On-street, Ground Floor, Shared
Solar: Parking area, Roof
Other? __________________________________________________________________
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Proposed new Private Street Name: Johnson Way
DATE: October 29, 2019 Special Planning Commission meeting
Property owner Don Johnson is requesting approval to name a newly established private street. The
proposed Street name is Johnson Way. This private street will serve three homes (one existing and two
new ones) on the east side of Dorset Street, just south of Sadie Lane. Below is an image of the plan
approved by the Development Review Board. There is no street with the name Johnson in South
Burlington. There is a short street in Burlington called Johnson Street. Staff does not have concerns
about these two names as they are not nearby and each serve a small number of buildings.
Town of Shelburne, Vermont
CHARTERED 1763 P.O. BOX 88 5420 SHELBURNE ROAD SHELBURNE, VT 05482
Clerk/Treasurer Town Manager Zoning & Planning Assessor Recreation FAX Number
(802) 985-5116 (802) 985-5110 (802) 985-5118 (802) 985-5115 (802) 985-9551 (802) 985-9550
INVITATION TO COMMENT ON ZONING AMENDMENTS TO: DISTRIBUTION LIST FR: SHELBURNE PLANNING COMMISSION VIA DEAN PIERCE, DIR OF PLANNING RE: ZONING BYLAW AMENDMENT DA: OCTOBER 25, 2019
On Thursday, November 14, 2019, the Shelburne Planning Commission will hold a public hearing on a proposed amendment of Shelburne’s Zoning Bylaw. Certain changes would update and reformat “Form
Based Zoning” Overlay district requirements. Other changes would simplify review procedures for minor projects proposed within Village Design Review Overlay.
The hearing will begin at 7:00 p.m., or shortly thereafter, and take place in the Shelburne Municipal Complex Meeting Room 1. Those who plan to speak at the hearing are encouraged to also submit a written version of their comments.
It is not necessary to appear at the hearing to offer comments. Written comments should be submitted to
Dean Pierce, AICP, Director of Planning and Zoning, 5420 Shelburne Road, PO Box 88, Shelburne, VT 05482. Electronic submissions are encouraged. Please direct email to dpierce@shelburnevt.org.
MEMORANDUM
TO: RECIPIENTS
FR: DEAN PIERCE, ON BEHALF OF PLANNING COMMISSION
RE: HEARINGS ON PROPOSALS TO AMEND ZONING BYLAWS
DA: OCTOBER 25, 2019
BACKGROUND
For the last several months, the Planning Commission has been discussing a proposal to amend the “Form Based Zoning”
section of the Town’s zoning bylaws. On October 10th, the Commission voted to warn a Public Hearing on the proposal and to conduct that hearing on Thursday, November 14, 2019. In addition, Staff was directed to distribute the proposed
amendment and a “zoning change report” as required by statute.
THE PROPOSAL
The Planning Commission’s main proposal would modify the regulations by updating and reformatting –including
renumbering— the “Form Based” zoning framework adopted by the Selectboard. Form Based Zoning (FBZ) was enacted
to provide an alternative to the existing, traditional “Euclidian” zoning framework. Changes within the proposal would modify the following: Regulating Plan; Building Form & Lot Development Standards; Public Realm Standards; Parking;
Landscaping, Screening and Lighting Standards; Sustainable Design; Signage Standards; Previously Developed Sites; and
Definitions.
A SECOND PROPOSAL, AS WELL
The Planning Commission also voted to conduct a hearing on a second amendment proposal. The second proposal would
modify the regulations by simplifying the application and review procedure for certain minor projects proposed within the
Village Design Review Overlay. The HPDRC would continue to review all applications, as it does currently. However, DRB review would be avoided in cases where a proposal is not also subject to some other review process such as
Conditional Use Review, Site Plan Review, or Subdivision Review.
AFFECTED SECTIONS
A list of the bylaw sections modified by the proposals is presented below.
Article Section XV 1530.2 and 1535 (new)
XVII.A 1.1-1.8 (replaced by XXII
XXII 2200-2208
WHERE AND HOW TO READ THE PROPOSED CHANGES
The text of the language to be the subject of the hearing is presented in the documents attached. In the case of the Village Design Review Overlay proposal, language to be added to the bylaw is shown in color with underscore. Language to be
deleted is shown in color with strikethrough (strikethrough). Please note, unlike the Village Design Review proposal, the
“Form Based Zoning” proposal does not use the same convention. (There is no redline version.) If approved, the attached document would replace the current Article XVII.A in its entirety.
ZONING CHANGE REPORTS
Reports prepared in accordance with 24 V.S.A. §4441(c) are also attached. These reports describe how each proposal
“Conforms with or furthers the goals and policies contained in the municipal plan…” and “Is compatible with the proposed future land uses and densities of the municipal plan.”
POSSIBLE EDIT TO HISTORIC PRESERVATION AND DESIGN REVIEW OVERLAY
Underlined text in red proposed to be added, as indicated below.
1530.2. After completing its review, the SHPDRC shall forward a written
recommendation regarding the application to the Development Review
Board, or the Administrative Officer (when applicable pursuant to Section 1535). The recommendation may include conditions that would bring the application into conformance with the guidelines of these
regulations, without the submittal of revised plans by the applicant.
1535 Allowance for Administrative Review in the case of minor projects
Language in Section 1520 referring to DRB approval notwithstanding, certain qualifying
activities may be administratively approved by the Zoning Administrator upon the issuance of a positive recommendation by the SHPDRC. (The SHPDRC shall retain
authority to refer applications to the DRB when the activities do not clearly conform with
sections 1535.1-1535.6). Those qualifying activities are:
1535.1. Alterations or additions to a single-family or two-family
residential structure or residential accessory structure.
1535.2. Construction or installation of a single-family or two-family
home residential accessory structure.
1535.3. Temporary signs.
1535.4. Fully conforming Permanent signs.
1535.5. Minor modifications to applications previously approved by the DRB, which in the judgment of the SHPDRC, have minimal effect on the
appearance of the previously approved structure or have limited visibility
from public vantage points.
1535.6. Minor alterations to a non-residential building or site, including changes of use, which in the judgment of the SHPDRC, have no effect on the appearance of the building or site, or have limited visibility from
public vantage points.
Planning Commission Reporting Form
for Municipal Bylaw Amendments
(Historic Preservation and Design Review Process)
Prepared for consideration by Planning Commission on October 10, 2019
This report is in accordance with 24 V.S.A. §4441(c) which states:
“When considering an amendment to a bylaw, the planning commission shall prepare and approve a written
report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection
concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The
report shall provide (:) (A) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under §4444 of this title, (A)nd shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing: 2. Is compatible with the proposed future land uses and densities of the municipal plan: 3. Carries out, as applicable, any specific proposals for any planned community facilities.” Brief explanation of the proposed bylaw amendment.
The Planning Commission proposal would modify the regulations by simplifying the application and
review procedure for certain minor projects proposed within the Historic Preservation and Design Review Overlay. The HPDRC would continue to review all applications, as it does currently. However, DRB review would be avoided in cases where a proposal is not also subject to some other
review process such as Conditional Use Review, Site Plan Review, or Subdivision Review.
Purpose The specific purpose of the proposal is to simplify and shorten the review process for applicants and
reduce administrative burdens on staff and Boards, all while maintaining a high standard of review of
projects large and small.
Findings regarding how the proposal conforms with or furthers the goals and policies contained
in the municipal plan
Under state law, the Zoning Regulations must be “in conformance with” the Plan. To be “in conformance with” the Plan, the bylaw must: make progress toward attaining, or at least not interfere with, the goals and policies contained in the Plan; provide for proposed future land uses, densities, and
intensities of development contained in the Plan; and carry out any specific proposals for community
facilities, or other proposed actions contained in the Plan.
The Planning Commission finds that the proposal conforms with and furthers the goals and policies contained in the municipal plan. Such policies include but are not necessarily limited to the following:
Planning Commission Reporting Form for Page 2 Form Based Zoning Proposal, October 2019
Goal: To ensure that Shelburne Village Center continues to function as a center of economic, civic social, and cultural vitality.
Objective 4. Shelburne Village has been shaped over time by the architectural style of individual buildings and the visual pattern of neighborhood streetscapes. Retain and preserve Village character and identity by ensuring that commercial, residential,
mixed-use development and redevelopment is compatible with the Village’s historic integrity of design, setting, materials, workmanship, and locations.
Goal: To identify, preserve, and protect the character and defining elements of the built environment and landscape. These
elements include historic structures, historic areas, significant views, and objects of historical, cultural, architectural, and archaeological significance. These elements contribute to the sense of place, identity, evolution, ownership, and community that
defines the Town of Shelburne.
Objective 6. Sustain the Town’s historic and cultural resources as a means of advancing economic development objectives and enhancing value in existing properties.
Recommended Action 4. Facilitate development review and permitting to the extent permitted by law for commercial and industrial development in areas designated for such uses in the Land Use section of this Plan. Establish expedited review process for development projects implementing key objectives of Comprehensive Plan.
Very simply stated, Planning Commissioners find that the proposal would positively address and
advance all of the foregoing language. More particularly, they believe that the proposal would:
• Help sustain and enhance the wide range of qualities that make Shelburne Village a special and
important place;
• Directly and indirectly contribute to economic development and property values; and
• Simplify the permitting process for small commercial establishments in fulfillment of one of the Plan’s
Recommended Actions.
Commissioners also recognize the potential for the proposal to promote other Comprehensive Plan
goals and objectives.
Findings regarding how the proposal is compatible with the proposed future land uses and
densities of the municipal plan
The development densities authorized by the zoning bylaws are not affected by the proposal. And in the view of the Planning Commission, the overall pattern of development would not change as a result
of the proposal. Thus, the Planning Commission finds that the zoning amendment proposal that is the
subject of this report would be entirely compatible with the proposed future land uses and densities
promoted in the Comprehensive Plan.
Findings regarding how the proposal carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendment does not directly carry out specific proposals for any planned community
facilities. In addition, the proposed amendment does not conflict with any specific proposals for planned community facilities.
Permissibility of regulations regarding historic district/landmarks
State law, in 24 VSA § 4414 (1) (F) authorizes municipalities to adopt bylaws contain provisions for the establishment of historic districts and the designation of historic landmarks. The current proposal
Planning Commission Reporting Form for Page 3 Form Based Zoning Proposal, October 2019
does not propose the designation of any historic landmarks. It does not propose to change any
standards applicable to properties but rather alters the bodies undertaking the review of different types of applications.
[end]
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section Table of Contents Page XXII-a
2200 CONTENTS
2200 GENERAL 1
2200.1 PURPOSE AND INTENT 1
2200.2 APPLICABILITY 1
2200.3 SEVERABILITY 1
2201 REGULATING PLAN 1
2201.1 GENERAL PROVISIONS 1
2201.2 CHARACTER DISTRICTS 4
2201.3 BUILDING TYPES AND FORMS STANDARDS. 5
2202 ALLOWED USES AND FUNCTIONAL STANDARDS 6
2202.1 ALLOWED USES 6
2202.2 USE DETERMINATION 6
2202.3 ACCESSORY USES AND STRUCTURES 6
2202.4 FUNCTIONAL STANDARDS 6
2203 BUILDING FORM & LOT DEVELOPMENT STANDARDS 9
2203.1 PURPOSE AND INTENT 9
2203.2 GENERAL PROVISIONS APPLICABLE TO ALL BUILDINGS 9
2203.3 BUILDING ELEMENTS 10
2203.4 ACCESSORY STRUCTURES 10
2204 PUBLIC REALM STANDARDS 28
2204.1 APPLICABILITY 28
2204.2 STREET TYPE SPECIFICATIONS 28
2204.3 ACCESS AND CONNECTIVITY STANDARDS 29
2204.4 STREETSCAPE STANDARDS 29
2204.5 PUBLIC AND CIVIC OPEN SPACE STANDARDS 35
2205 SITE DEVELOPMENT STANDARDS 38
2205.1 PARKING AND LOADING STANDARDS 38
2205.2 LANDSCAPING, SCREENING AND LIGHTING STANDARDS 42
2205.3 SUSTAINABLE DESIGN AND DEVELOPMENT SITE PERFORMANCE STANDARDS 44
2205.4 SIGNAGE STANDARDS 46
2206 PREVIOUSLY DEVELOPED SITES 51
2206.1 PRE-EXISTING USES, STRUCTURES, AND SITES 51
2206.2 HISTORIC STRUCTURES 51
2206.3 PRIOR DEVELOPMENT APPROVALS 53
2207 ADMINISTRATIVE PROCEDURES 54
2207.1 INTENT 54
2207.2 APPLICABILITY 54
2207.3 PROJECTS REQUIRING SITE PLAN REVIEW 54
2207.4 PROJECTS REQUIRING CONDITIONAL USE PERMIT 54
2207.5 WAIVERS 55
2207.6 APPLICABILITY OF STANDARDS 55
2208 DEFINITIONS 57
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2200 Page XXII-1
Article XXii. SHelBUrNe rOAD FOrM-BASeD OVerlAY DiStrict (Sr-FBOD)
2200 GENERAL
2200.1 Purpose and Intent
2200.1A Purpose. The purpose of the Shelburne Road Form-Based Overlay District
(SR-FBOD) is to provide a set of zoning regulations that place greater
emphasis on the building design and site layout, and less emphasis on
the types of land uses within those buildings with the goal of facilitating
sustainable development in selected areas of Shelburne. These qualities
will be achieved through implementation of context-based building forms,
active open spaces and streetscapes, and complete streets collectively
designed to be integrated, connected and complementary.
2200.1B Intent. The intent is to meet the goals of the 2019 Town of Shelburne
Comprehensive Plan and other strategic area plans endorsed by the town.
The SR-FBOD, which extends along the corridor from the boundary shared
with South Burlington to the LaPlatte River, is illustrated on the Regulating
Plan (FIGURE 2200-B).
2200.2 Applicability
2200.2A Where Applicable. This article applies to all property in the SR-FBOD as
shown on the Regulating Plan (FIGURE 2200-B) and the Zoning Overlay
Districts Map.
2200.2B When Applicable. An applicant may request that proposed development
in the SR-FBOD be reviewed under the provisions of this article, which
will modify the requirements of the underlying zoning districts and other
applicable sections of the zoning bylaw.
2200.2C Precedence. Upon an applicant requesting review under the provisions of
this article, the provisions of this article will control and will supersede any
conflicting provisions contained in the zoning bylaw.
2200.2D Subsequent Development. Upon approval of an application under the
provisions of this article, subsequent development on that property will
be subject to this article. If this article is discontinued or replaced, it will
be subject to any successive zoning district to which form-based zoning
requirements are transferred and in which the subject property is located.
2200.2E Previously Issued Approvals. Zoning permits and other approvals under the
zoning bylaw obtained before the effective date of this article will remain
in effect according to the terms specified in Section 2040.
2200.2F Adult Entertainment Uses. The provisions and requirements of the
SR-FBOD shall be superseded by the provisions and requirements of
Section 1910.8 (“Adult Entertainment as a Conditional Use”) of the
Shelburne Zoning Bylaw. No applications for Adult Entertainment
Uses shall be allowed under the SR-FBOD.
2200.3 Severability
2200.3A If any provision of this article is found to be invalid by a court of
competent jurisdiction, the remainder of this article and the zoning bylaw
will not be affected but will remain in full force.
2201 REGULATING PLAN
2201.1 General Provisions
2201.1A Purpose. The Regulating Plan (FIGURE 2200-B) and associated Character
Districts establish the general standards for building form, placement and
use, as well as street types, applicable to each lot. These general standards
are defined and illustrated in greater detail in CHAPTER 2202, CHAPTER
2203, and CHAPTER 2204. Elements of the Regulating Plan Include:
1) Character Districts. The SR-FBOD contains seven Character Districts
as delineated on the Regulating Plan (FIGURE 2200-B) representing
a variety of development patterns, forms, uses, and intensities based
on the 2014 Shelburne Road Illustrative Plan (FIGURE 2200-A) derived
from the community design charrette and vision for the corridor.
2) Frontage Zones. Frontage zones are special areas on the Shelburne
Road corridor where there is an emphasis on creating small
neighborhood centers. As depicted in the Regulating Plan (FIGURE
2200-B), frontage zones are focused on two signalized intersections
at Hullcrest Road and Longmeadow Road. Frontage zones include the
contiguous land area from the edge of the public right-of-way to the
rear edge of the build-to-zone as defined in SECTION 2203.2.
3) Primary Street Type. These streets generally carry higher volumes
and provide access to other districts within Shelburne as well as the
region. See CHAPTER 2204 for specific primary street type and design
standards.
4) Secondary Street Type. These streets generally carry lower volumes
and provide access to adjacent neighborhoods. See CHAPTER 2204 for
specific secondary street type and design standards.
5) Build-To-Zone. The build-to zone is the area on the lot where the
street-facing façade of a primary building must be located, the edge
of which is a build-to-line. Numbers on the Regulating Plan (FIGURE
2200-B) indicate the minimum and maximum distance in feet from the
front property or right-of-way line, and side property or right-of-way
line on corner lots.
6) Build-To-Line. Analogous to a maximum building setback, the build-
to-line is a line marking where the street-facing facade of a primary
building must be located in some Character Districts. Numbers on the
Regulating Plan (FIGURE 2200-B) labeled per the key as Route 7 Front
Setback indicate distance in feet from the front setback line to the
public right-of-way line.
7) Build-To-Zone Occupancy. The build-to-zone occupancy refers to
amount of the front building facade that must be located in the build-
to-zone, based on the width of the building divided by the width of
the lot.
8) Future Streets and Paths. These corridor designations generally identify
potential locations for future streets and paths that would enhance
access to and connectivity between centers, street corridors, and
neighborhoods. While the feasibility and appropriateness of specific
thoroughfares would be determined at development review and
may not necessarily be required, these corridors as identified in the
Regulating Plan (FIGURE 2200-B) are deemed important to achieving
the desired development patterns and a multi-modal transportation
system, reducing traffic impacts and intersection queuing along
Shelburne Road, and improving the general sustainability of the SR-
FBOD.
9) Conservation. Dedicated open space either publicly or privately owned
is identified on the Regulating Plan (FIGURE 2200-B).
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2200Page XXII-2
FIGURE 2200-A. SHELBURNE ROAD ILLUSTRATIVE PLAN BASED ON 2014 CHARRETTE
Mixed Use Village. The southern growth node expands around Shelburne Commons, including
redevelopment of the existing Rice Lumber facility. New mixed-use buildings and additions
help enclose both sides of Route 7, with new interior street connections providing access to
areas with a mix of single- and multi-family homes. Site planning and architecture reflect the
character of a traditional village, with irregular setbacks and varied building size, massing and
proportions. Sidewalks and trails link a series of small parks and courtyards, allowing residents
and visitors to get around on foot.
Mixed Residential Areas. Parts of the study areas that are largely residential will remain so,
with opportunities for redevelopment of available sites for additional homes. Where space
allows, this could include new neighborhoods designed according to traditional village
principles, with relatively narrow streets, small parks and garden spaces, and continuous
sidewalk/trail connections linking homes with nearby amenities.
Paths and Trails. Over the last few years, the town has been planning bicycle and pedestrian
trails linking residential neighborhoods with other areas. A bike path has already been
constructed along Webster Road, and could be connected to a potential path following the
railroad right-of-way.
Green Corridor. The central part of the study area is marked by automobile-related uses that
will likely remain for the foreseeable future. Broad front setbacks, combined with view of
the Monroe Brook floodplain and the Dolan Farm, give the area an open, rural character. By
maintaining the current setbacks and enhancing landscaping along Route 7, the area can
become an attractive buffer between activity centers to the north and south. Businesses can
expand to the rear of existing structures.
Special Uses. Town-owned land slated for a future school and the adjacent Dolan Farm create
a unique area of opportunity. While low-density residential growth is currently the most likely
option, the open, rural character of these properties could be largely preserved by clustering
village-style housing, a conference center, potential school facilities, and other uses while
preserving the surrounding open space.
Existing Paths
Proposed Paths
Mixed-Use Street. Redevelopment of the northern end of the corridor takes the form of a
traditional village street, with 2-3 story buildings expanding toward Route 7 and wrapping
around the corner of existing side streets. As buildings are replaced over time, placement
towards the Route 7 frontage allows parking to be hidden behind. Linking rear parking lots
provides convenient access from the side streets, allowing for many of the existing driveways
along Route 7 to be closed and replaced with new buildings and landscaping.
Business Campus. Areas currently zoned commercial/industrial continue to provide a place
for larger business uses that don’t require direct visibility from Route 7 but benefit from
easy access to the corridor. New buildings and expansion of existing structures, driveways,
parking lots, and open space are coordinated across lot lines to create an attractive pedestrian
campus. By sharing driveways, parking lots and facilities where possible, land can be used
more efficiently and space left over for a shared park system. Stormwater detention and
treatment are accomplished with rain gardens, swales and ponds incorporated into the park
system.
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Town of Shelburne, Vermont Section 2200 Page XXII-3FIGURE 2200-B. SHELBURNE ROAD REGULATING PLAN Full-size version available in the Shelburne Planning OfficeEffective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2201Page XXII-4
2201.2 Character Districts
2201.2A Mixed Use Street Character District (MUSCD)
1) Intent. The MUSCD is intended to provide
an attractive northern gateway into
Shelburne that provides a clear visual
delineation of the town line. The district
is also intended to provide commercial
opportunities catering to travelers on
Shelburne Road within an area that
is safe and inviting to pedestrians
through flexibility in building placement,
convenient pedestrian and automobile
circulation (provided in part by new
interior multi-modal streets), and small-
scale public spaces.
2201.2B Mixed Use Neighborhood Character District (MUNCD)
1) Intent. The MUNCD is centered on the
intersection of Route 7 at Longmeadow
Drive and the access road to Shelburne
Commons and Rice Lumber. It is intended
to accommodate a mix of new residential
uses with expanded commercial uses
in a mix of smaller scale new buildings
and additions to existing buildings that
provide enclosure along Shelburne Road.
New interior streets provide multi-modal
access to neighborhoods. Building patterns
reflect the character of traditional village
design with irregular setbacks, integrated
open spaces, complete streets, varied
building size and massing, and projecting
elements. Sidewalks and paths connect to
surrounding neighborhoods and corridors.
2201.2C Green Corridor Character District (GCCD)
1) Intent. The GCCD is located north and
south of the Bay Road and Route 7
intersection. Much of the GCCD lies within
the watershed of an impaired waterway. It
is intended to preserve the existing pattern
of large setbacks for buildings along this
portion of Shelburne Road while also
providing multi-modal access. Commercial
and residential buildings are intended
to be clustered into less environmentally
sensitive areas of the district. The open
space in the GCCD is intended to
accommodate environmental benefits,
passive and active recreation, agriculture
and civic gatherings.
2201.2D Business Campus Character District (BCCD)
1) Intent. The BCCD includes the area
near the Bay Road intersection
and southern end of the SR-FBOD.
The BCCD is intended to provide
opportunities for a variety of business
enterprises that do not require
visibility from Shelburne Road. It is
also intended to provide multi-modal
access to properties in the Character
District. The development standards
provide considerable flexibility.
2201.2E Special Uses Character District (SUCD)
1) Intent. The SUCD is located
east of Shelburne Road south
of the Bay Road intersection.
It is intended to accommodate
a broad range of building
types generally clustered into
traditional neighborhood or
campus development patterns
to preserve open spaces
and views from Shelburne
Road. Development potential
includes pedestrian-friendly
neighborhoods, research and
academic institutions, or visitor
accommodations and facilities.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2201 Page XXII-5
2201.2F Mixed Residential Character District (MRCD)
1) Intent. The MRCD covers the existing or
potential residential areas along Shelburne
Road. Much of the MRCD is located in
the Residential zoning district and will
largely remain as currently developed.
Where opportunities exist for expansion,
redevelopment and new development,
the MRCD is intended to accommodate
a mix of attached and detached
residential building types in pedestrian-
friendly neighborhoods. New sites and
neighborhoods should be accessed
through relatively narrow tree-lined streets
and integrated with pedestrian and bicycle
amenities, small parks, and connections
to surrounding neighborhoods and the
village center.
2201.2G Conservation Character District (CCD)
1) Intent. The CCD will remain predominantly undeveloped and in its
natural state, providing passive and active recreational opportunities
as appropriate for the SR-FBOD.
2201.3 Building Types and Forms Standards.
2201.3A Building Types and Form Standards. FIGURE 2201-C below shows the
allowed building types by Character District. FIGURE 2203-C through
FIGURE 2203-M contain detailed building and form standards for each
building type.
2201.3B Other Building Types. Other building types are not permitted except as
specially authorized in CHAPTER 2207.
FIGURE 2201-C. BUILDING TYPES ALLOWED BY CHARACTER DISTRICT
CHARACTER DISTRICT
BUILDING TYPES
1. DETACHED HOUSE2. TOWNHOUSE3. MULTI-FAMILY BUILDING4. COTTAGE COURT5. LIVE/WORK UNIT6. MIXED USE STOREFRONT7. LINER STOREFRONT8. TECH-SHOP BUILDING9. FLEX BUILDING10. GENERAL MULTI-PURPOSE BLDG11. CIVIC BUILDINGMixed Use Street (MUSCD)
Mixed Use Neighborhood (MUNCD)
Business Campus (BCCD)
Green Corridor (GCCD)
Special Uses (SUCD)
Mixed Residential (MRCD)
Conservation (CCD)
Allowed Allowed on building lots fronting on Route 7
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2202Page XXII-6
2202 ALLOWED USES AND FUNCTIONAL STANDARDS
2202.1 Allowed Uses
2202.1A Intent. This section establishes the principal and accessory uses allowed in
the SR-FBOD.
2202.1B Principal Uses. FIGURE 2202-A lists the principal uses, grouped by
category, allowed by administrative or conditional use permit in different
building types. Principal uses listed in FIGURE 2202-A also must comply
with the functional standards in SECTION 2202.4.
2202.1C Accessory Uses. Accessory uses, and related accessory structures, are
allowed in conjunction with principal uses. General authority for accessory
uses is found under SECTION 2202.3, while certain additional requirements
for accessory uses are specified in the bottom portion of FIGURE 2202-A.
2202.2 Use Determination
2202.2A Responsibility. The Zoning Administrative Officer (AO) is responsible for
categorizing uses.
2202.2B Materially Similar Uses. If a proposed use is not covered by a use
category, but is substantially, materially, and outwardly similar to another
listed use, the AO will treat the proposed use as a use under that category.
2202.2C Prohibited Uses. If a proposed use is not similar to any other listed use,
the use will be prohibited.
2202.3 Accessory Uses and Structures
2202.3A Relationship to a Principal Use or Structure. Accessory uses and
structures must be clearly incidental and subordinate to a permitted
principal use or structure, and must comply with the definitions contained
in Article XXI. No accessory use or structure may be established prior to
the establishment of a permitted principal use or building.
2202.3B Responsibility. The AO is responsible for determining whether a use or
structure is accessory. In order to classify a use or structure as accessory,
the AO must determine that the use or structure:
1) Is subordinate to the principal use or building in terms of area, extent
and purpose;
2) Contributes to the comfort, convenience or necessity of occupants of
the principal use or building served;
3) Is located on the same lot as the principal use of building, or on a
contiguous lot in the same ownership when the lots are both subject
to a common development approval granted by the town;
4) Involves operations in keeping with the character of the principal use
or building served; and
5) Is not of a nature likely to attract visitors in larger numbers than
would normally be expected for the principal use or building.
2202.3C Dimensional Standards. Accessory structures must meet the setback and
height requirements of SECTION 2203.2.
2202.4 Functional Standards
2202.4A Applicability. Unless otherwise specified in FIGURE 2202-A, the following
functional standards for specific uses will apply to the SR-FBOD. Functional
standards are standards applied according to the use and function of a
property, as distinct from standards derived from a building form.
2202.4B Residential Uses
1) Residential uses must meet the building form standards in CHAPTER
2203 specified for individual building types that accommodate
household living units.
2) No civic, commercial, or industrial use is permitted above a residential
use. This will not be interpreted to prohibit common use areas or facilities
serving building residents on any floor or roof-top level of a building.
3) A lobby serving an upper floor residential use is permitted on the
ground floor of a commercial use.
2202.4C Uses Allowed in a Civic Building. Only the specific civic uses listed in
FIGURE 2202-A are allowed in a civic building type.
2202.4D Agricultural Uses. Agricultural uses, including Integrated Agriculture, as
defined in Article XXI are allowed in all Character Districts. See SECTION
2204.5 for agricultural uses that would meet Open Space requirements.
2202.4E Mobile Food Vendors
1) A mobile food vendor or food truck is an enclosed unit, truck, or
trailer, or similar vehicle-mounted unit as defined in the Town of
Shelburne Food Truck Ordinance as follows: “A food truck includes a
licensed, motorized vehicle or mobile food unit, including a trailer or
converted recreational vehicle, equipped to refrigerate and/or cook
food where, on a temporary basis, such food items are sold to the
general public or to individuals attending a special event.”
2) Mobile food vendors are an encouraged use as they add to the mixed-
use character of the SR-FBOD.
3) Applicants are advised to familiarize themselves with the Town of
Shelburne Food Truck Ordinance including details on licensing and
locating food truck units, parking, signage, noise and other standards.
2202.4F Drive-Through Facilities
1) Vehicles using drive-through facilities may not encroach on or interfere
with the public use of streets and sidewalks by vehicles or pedestrians.
2) Drive-through facilities and objects associated with the drive-through
must be located to the side or rear of the building. Drive-through windows
and lanes may not be placed between the street and associated buildings.
3) No drive-through window or lane is permitted on the side or rear of a
building facing a residential district.
4) There are additional requirements pertaining to drive-through facilities
in PARAGRAPH 2205.2I(6).
2202.4G Parking Garages
1) The ground story of a parking garage must have active, non-parking uses
located between the parking garage and the primary street right-of-way.
2) Where upper stories of a parking garage are located at the perimeter
of a building, they must be screened so that cars are not visible from
ground level view from adjacent property or adjacent primary or
secondary public street right-of-way.
3) Parking garage floors fronting a primary public street right-of-way
must be level and not inclined.
4) Sloped ramps in a parking garage must not be discernible along the
perimeter of the parking structure.
5) The upper stories of a parking garage must either continue the ground
floor facade treatment or feature a treatment style that is compatible
with and comparable in quality to the ground floor facade.
2202.4H Bicycle Parking and Storage
1) Pre-Existing Buildings. Applicants proposing to renovate a building must
provide at least 1 bike parking space per 5,000 square feet of building
area with a minimum requirement of 2 spaces. Applicants must place
bicycle racks in a location that is convenient to an accessible route.
2) Parking Garages. Parking garages with a capacity of more than 100
vehicles must provide at least 1 bike parking spot for every 10 vehicle
parking spots. Applicants must locate bicycle racks on the ground-
floor and within the interior area of the parking garage. Bicycle
parking must be well lit, visible and in a convenient location.
3) Spacing. Applicants must locate and design bicycle parking as follows:
a. Parking must not interfere with maintaining a 5-foot clear
accessible route for pedestrian access and maneuvering in
accordance with the Americans with Disabilities Act (ADA).
b. Horizontal parking requires a minimum of 2 feet by 6 feet for
each bicycle space.
c. Vertical parking requires a minimum of 4 feet by 2 feet and a
height of 6 feet for each space.
d. To allow for sufficient spacing and maneuverability, horizontal
racks must be placed a minimum of 2 feet from walls to allow
enough space for the front wheels to hang over the rack.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2202 Page XXII-7
FIGURE 2202-A. SR-FBOD USE TABLE
USES 1. DETACHED HOUSE2. TOWNHOUSE3. MULTI-FAMILY BUILDING4. COTTAGE COURT5. LIVE/WORK UNIT6. MIXED USE STOREFRONT7. LINER STOREFRONT8. TECH-SHOP BUILDING9. FLEX BUILDING10. GENERAL MULTI-PURPOSE BUILDING11. CIVIC BUILDINGFUNCTIONAL STANDARDS
ALL ALL ALL ALL GF UF GF UF ALL ALL ALL GF UF ALL
PRINCIPAL USES
Residential
Household Living P P P P P P P Household living includes single-family, two-family, multiple-family, accessory apartments (1 and 2 bedroom), and staff quarters/private guest house.
Group Living P P Group living includes group/residential care homes, elder housing, elder care facilities, elderly supportive service housing, continuing care retirement
community, and nursing homes.
Lodging
Hotel or Inn or Motel P P P See SECTION 2202.4.
Bed & Breakfast C P P P
Rooming House C C
Commercial
Home Occupation P P C P P P See Articles XIX and XXI.
Retail Sales
P P P P P P
A restaurant/bar is permitted in the upper floors of a building as a conditional use or as a permitted use if: (a) it is a second story extension equal to or
less than the area of the ground floor restaurant/bar; and (b) it does not include adult entertainment.
Outdoor eating areas for bars and restaurants may be allowed on private sidewalks or public sidewalks provided that a clear walkway is provided within
the right-of-way. Conditional use approval will be required in any location where outdoor dining is proposed to occur on a public sidewalk.
Pharmacy P P See SECTION 2202.4.
Restaurant/Bar
P P P
A retail use is permitted in the upper floors of a building as a conditional use or as a permitted use if it is a second story extension equal to or less than
the area of the ground floor retail use.
In tech-shop buildings, retail sales may be permitted as accessory uses but not as principal uses.
Personal Service Shop P P P P P
Indoor Movie Theater P P P P P
Business/Professional Office P P P P P P P P
Medical/Dental Office P P P P P P P P
Bank/Financial Institution P P P P
Artist's Studio P P P P P P P P
Veterinary Clinic P P P
Kennel/Pet Day Care Facility C
Vehicle Sales/Repair C C
Child Care Facility C C P P P P P P Child care includes licensed day care (6 or less), licensed day care (more than 6), registered family day care home and day care center.
Child care uses may only be accessory uses in a tech-shop building and flex commercial/industrial building.
Garden Center/Nursery P P P P
Business Park
Wholesale Sales (enclosed) P P P P
Building Material Sales (indoor) P P P P
Construction Services Facility P P P P
ALL = Allowed on all floors GF = Allowed on ground floor UF = Allowed on upper floors P = Permitted Use C = Conditional Use
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2202Page XXII-8
FIGURE 2202-A. SR-FBOD USE TABLE (con’t)
USES 1. DETACHED HOUSE2. TOWNHOUSE3. MULTI-FAMILY BUILDING4. COTTAGE COURT5. LIVE/WORK UNIT6. MIXED USE STOREFRONT7. LINER STOREFRONT8. TECH-SHOP BUILDING9. FLEX BUILDING10. GENERAL MULTI-PURPOSE BUILDING11. CIVIC BUILDINGFUNCTIONAL STANDARDS
ALL ALL ALL ALL GF UF GF UF ALL ALL ALL GF UF ALL
PRINCIPAL USES
Business Park (con’t)
Research/Testing Laboratories C C C C
Light Manufacturing (enclosed) P P P P
Auto/Machinery Repair P P P P
Warehouse (enclosed)/Storage P P P P
Civic
School (certified by State DOE) P C P P P P P
Civic Institution P P P P P P Civic institutions include museums and libraries; membership organizations and religious institutions include fraternal organizations, social clubs, churches
and related uses.
Membership Organization/
Religious Institution P P P P
Public Services and Facilities C C C P P P P P P P Public services and facilities include municipal offices, police stations, fire/rescue stations, post offices, and bus transit stations.
Agricultural
Agricultural Uses
Agricultural uses, including integrated agriculture, as defined in Article XXI are allowed in all Character Districts. See SECTION 2204.5 for agricultural
uses that would meet open space requirements. See FIGURE 2204-L (Public and Civic Open Space Standards) for additional agricultural uses allowed in
combination with other open space requirements.
Recreation / Open Space See SECTION 2202.4.
Outdoor Recreation/Open Space Outdoor recreation and open space includes outdoor recreation (no structures), outdoor recreation (minor and major structures), wildlife management/
refuge areas, commercial riding stables, campgrounds, and cemeteries.
Indoor Recreation P P P P P P
ACCESSORY USES
Unspecified Accessory Uses
Drive-Through Facility C C C C Only where allowed in underlying zoning district. See SECTION 2202.4.
Accessory Apartment See Article XXI.
Farmers’ Market
A farmers’ market selling regionally-produced goods, seasonal or otherwise, may be permitted on a site in either a permanent structure or in temporary
accommodations in a structure that need not meet the requirements of the building form standards in CHAPTER 2203. A simplified site plan under
Article XIX will be required for approval.
Mobile Food Vendors See SECTION 2202.4.
Parking Garage C C C C C See SECTION 2202.4.
ALL = Allowed on all floors GF = Allowed on ground floor UF = Allowed on upper floors P = Permitted Use C = Conditional Use
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-9
2203 BUILDING FORM & LOT DEVELOPMENT STANDARDS
2203.1 Purpose and Intent
2203.1A These standards regulate the way that buildings in the SR-FBOD are
placed and oriented on their lots to positively address and complement
other buildings as well as streets and civic spaces.
2203.2 General Provisions Applicable to All Buildings
2203.2A Lot Frontage and Street Designation
1) Every building lot upon which development is proposed must have
frontage upon a primary or secondary street.
2) Where only one street abuts a lot, that street is considered a primary
street.
3) A multiple street frontage lot must have at least one primary street,
but may have more than one primary street.
4) The AO will determine which street(s) is the primary street based on:
a. The street(s) with the highest classification;
b. The established orientation of the block;
c. The street(s) abutting the longest face of the block;
d. The street or streets parallel to an alley within the block; and
e. The street that the lot takes its address from.
2203.2B Parking Setbacks
1) On-site surface or structured parking must be located behind the
parking setback lines set forth in FIGURE 2203-C through FIGURE
2203-M for each building type. This requirement is not intended to
restrict on-street parking.
2) Parking setbacks apply only to the levels at or above ground in a
parking structure (not in below-ground parking levels).
3) No parking or display of vehicles offered for sale is allowed in rights-
of-way, setbacks, or green or buffer areas.
4) Primary and secondary street parking setbacks are measured from the
edge of the right-of-way.
2203.2C Setback Encroachments
1) General. Buildings and structural elements must be located in the
build-to-zone or behind the required setbacks except as listed below.
Unless specifically permitted in Article XVII, no building or structural
element may encroach upon a required easement or public right-of-
way.
2) Building Features
a. Porches, stoops, balconies, galleries, and awnings/canopies, and
other permitted projecting building elements may extend into a
required setback as stated in FIGURE 2203-B.
b. Chimneys or flues may encroach into side or rear setbacks up to
4 feet, provided that such extension is at least 2 feet from the
vertical plane of any lot line.
c. Building eaves, roof overhangs and light shelves may encroach up
to 4 feet, provided that such extension is at least 2 feet from the
vertical plane of any lot line.
d. Bay windows, oriels and vestibules that are less than 10 feet wide
may encroach up to 4 feet, provided that such extension is at
least 2 feet from the vertical plane of any lot line.
e. Unenclosed fire escapes or stairways may encroach up to 4 feet
into a required side or rear setback, provided that such extension
is at least 5 feet from the vertical plane of any lot line.
f. Unenclosed patios, decks or terraces may encroach up to 4 feet
into a required side setback, or up to 8 feet into a required rear
setback, provided that such extension is at least 3 feet from the
vertical plane of any lot line and that all screening requirements
in the underlying district are complied with.
g. Public outdoor seating and dining areas may extend into a front
or side street setback in a manner consistent with the functional
standards for restaurants/bars in FIGURE 2202-A.
h. Cornices, belt courses, sills, buttresses or other similar
architectural features may encroach up to 2 feet.
i. Accessibility routes, handicap parking spaces, handicap ramps,
walkways, railings and other structures required to comply with
the Americans with Disabilities Act may encroach to the extent
necessary to perform their proper function.
j. Structures below and covered by the ground may encroach into a
required setback.
3) Mechanical Equipment and Utility Lines
a. Mechanical equipment associated with residential uses, such as
HVAC units and security lighting, may encroach into a required
rear or side setback, provided that such extension is at least
3 feet from the vertical plane of any lot line and all screening
requirements in the underlying district are complied with.
b. Ground-mounted solar panels, wind turbines, and rainwater
collection or harvesting systems less than 12 feet in height may
encroach into a required rear or side setback, provided that such
extension is at least 5 feet from the vertical plane of any lot
line and all screening requirements in the underlying district are
complied with.
c. Minor structures accessory to utilities (such as hydrants,
manholes, and transformers and other cabinet structures) may
encroach into a required rear or side setback.
4) Other Setback Encroachments
a. Fences and walls under SECTION 2205.2.
b. Transitional buffers under SECTION 2205.2.
c. Signs under SECTION 2205.4.
2203.2D Height Encroachments
1) General. Any height encroachment not specifically authorized is
expressly prohibited, except where the AO determines that the
encroachment is substantially, materially, and outwardly similar to an
allowable encroachment listed below.
a. The maximum height limits of the Character District do not
apply to spires, belfries, cupolas, domes not intended for human
occupancy, monuments, water tanks, water towers or other
similar structures which, by design or function, must exceed the
established height limits.
b. The following accessory structures may exceed the established
height limit of the Character District provided they do not exceed
the maximum height by more than 6 feet:
i. Chimney, flue or vent stack;
ii. Deck or patio shade structure;
iii. Flagpole; and
iv. Solar panels, wind turbines and rainwater collection or
harvesting systems.
c. The following accessory structures may exceed the established
height limits provided they do not exceed the maximum building
height by more than 10 feet, do not occupy more than 25% of
the roof area, and are set back at least 10 feet from the edge
of the roof or sufficiently screened from view at ground level by
landscaping or architectural elements:
i. Amateur communications tower;
ii. Cooling tower;
iii. Elevator penthouse or bulkhead;
iv. Greenhouse;
v. Mechanical equipment;
vi. Skylights; and
vii. Elevator or stairway access to roof.
d. Any of the elements listed in paragraphs (b) and (c) above are
considered accessory uses to the primary structure and must
not be used for any purpose other than as uses incidental to the
principal structures.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-10
2203.2E Pedestrian Access. For principal buildings:
1) An entrance providing both ingress and egress, operable to residents
or customers at all times, is required to meet the street-facing
entrance requirements provided in FIGURE 2203-C through FIGURE
2203-M for each building type. Additional entrances off another
street, pedestrian area or internal parking area are permitted.
2) FIGURE 2203-C through FIGURE 2203-M establish the entrance
spacing requirements for each building type.
3) An angled entrance may be provided at either corner of a building
along the street to meet the street-facing entrance requirements.
4) Dedicated pedestrian access is required between the public sidewalk
and the street-facing entrance. See SECTION 2205.1.
2203.2F Underground Utilities. All utility lines installed on public or private
property after the effective date of this Article must be installed
underground.
2203.3 Building Elements
2203.3A Individual building elements are allowed for each building type or
Character District in accordance with the standards of FIGURE 2203-B.
2203.4 Accessory Structures
2203.4A Massing. Accessory structures must have a smaller footprint, narrower
width, and a depth and height not greater than the associated principal
building.
2203.4B Compatibility. Accessory structures must be designed to be consistent
with the character of the associated principal building by maintaining
elements such as building setbacks, frontage, form, massing, disposition,
character, architectural details, materials and colors.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-11
FIGURE 2203-A. GENERAL BUILDING AND LOT STANDARDS
BUILDING LOTS SETBACKS AND BUILD-TO-ZONE BUILD-TO-ZONE OCCUPANCY OUTDOOR ACTIVITY ZONES
L1. Lot Frontage (in feet)
L2. Lot Depth (in feet)
L3. Lot Area (in square feet)
O1. Open Space (% total lot area)
Building Lot. A building lot is a parcel of land either vacant
or occupied that meets the requirements for the purpose of
transfer of ownership or possession, or for development.
Lot Area. Lot area is the area included within the rear, side and
front lot lines. Lot area does not include existing or proposed
rights-of-way, whether dedicated or not dedicated to public use.
Lot Width. Lot width is the distance between the two side
lot lines measured at the primary street property line along
a straight line or along the chord of the property line on a
curvilinear lot.
Lot Depth. Lot depth is the distance between the front and rear
property lines measured along a line midway between the side
property lines.
Lot Frontage. Every Building Lot upon which development is
proposed must have frontage upon a primary or secondary
street.
L4. Front Yard Setback (in feet) - Activation & Encroachment Area
L5. Side Yard Setback (in feet)
L6. Rear Yard Setback (in feet)
L7. Build-to-Zone (in feet)
L8. Build-to Zone Occupancy (%)
L9. Front Parking Setback (in feet)
L10. Side and Rear Parking Setback (in feet)
Building Setbacks. Building setbacks include front setbacks,
side setbacks, and rear setbacks as defined below:
1) Front setbacks are measured from primary street, except
in the Conservation Character District where they are
measured from the edge of the property line.
2) Side setbacks are measured from the side property line.
3) Rear setbacks are measured from the rear property line
or the edge of the right-of-way.
Build-to-Zone. The build-to-zone is the area between the
minimum and maximum setbacks from the edge of the right-
of-way. The edge of the build-to-zone located closest to the
right-of-way is marked by the build-to line or the minimum
setback. Further:
1) Corner Lots. On a corner lot, a building facade must
be placed within the build-to-zone for the first 30 feet
along both streets extending from the block corner,
measured from the intersection of the right-of -way lines.
2) Uses Allowed. With the exception of parking spaces, all
structures and uses allowed on the lot are allowed in the
build-to-zone.
A. Primary Street Build-To-Zone (BTZ)
B. Primary Street BTZ % Occupancy
C. Secondary Street BTZ
Build-to-Zone Occupancy. The build-to-zone occupancy refers
to amount of the front building facade that must be located in
the build-to-zone, based on the width of the building divided by
the width of the lot. FIGURE 2203-C through FIGURE 2203-M,
specify the percentage of the front building facade that must be
located within the build-to-zone for each building type.
A. Outdoor Activity Zone Width (ft)
B. Outdoor Activity Zone Depth (ft)
C. Outdoor Activity Zone Area (sq ft)
Outdoor Activity Zones (OAZ). Where open space is required,
outdoor activity zones may be provided on the lot and must be
available as unenclosed, improved active or passive recreational
space for use by the occupants of the development. The public
and private open space standards in SECTION 2204.5 further
define these zones. General standards include the following:
1) The OAZ requirement may be met in one contiguous
open area or in multiple open areas on the lot; to
comply with open space requirement the OAZ must be
at least 10 feet in width and length.
2) OAZs may be located at or above grade. Above-grade
examples include a rooftop deck or terrace, garden, or
fitness station.
3) Passive park areas must include improvements such as
trails, paths and seating areas.
4) Formal or informal gardens, as well as greenbelts, are
considered acceptable OAZs.
5) OAZs may have a roof but cannot be enclosed.
6) OAZs may include structures such as kiosks, bicycle racks,
benches or other seating, sculpture, fountains and similar
amenities. Such areas must not include signs unrelated to
the amenities, utility areas, dumpsters or similar structures.
7) OAZs cannot be used for parking or driveway, except for
emergency access and permitted temporary events.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-12
FIGURE 2203-A. GENERAL BUILDING AND LOT STANDARDS (con’t)
BUILDING TRANSPARENCY BLANK WALL AREA BUILDING HEIGHT AND ROOFLINE VARIATION STORY HEIGHT
B1. Ground-Floor Transparency (% of facade)
B2. Upper-Floor Transparency (% of facade)
B3. Front Wall Length without Offset (in feet)
B4. Front Wall Offset - Min Depth (in feet)
B5. Front Wall Offset - Min Length (in feet)
B6. Street Facing Entrance Required (yes or no)
B7. Entrance Spacing (in feet)
Applicability. Transparency requirements apply to primary and
secondary street- facing facades of principal buildings only.
Definition. Glass is considered transparent where it has a
transparency higher than 80% and external reflectance of less
than 15%.
Ground Floor Transparency. FIGURE 2203-C through FIGURE
2203-M establish the minimum percentage of windows and
doors that must cover a ground story facade for each building
type. Ground floor transparency is measured between 2 and 12
feet above the adjacent sidewalk, or where no sidewalk exists,
the finished grade.
Upper Floor Transparency. FIGURE 2203-C through FIGURE
2203-M establish the minimum percentage of windows and
doors that must cover an upper story facade for each building
type. Upper floor transparency is measured from top of the
finished floor to the top of the finished floor above. When there
is no floor above, upper story transparency is measured from
the top of the finished floor to the top of the wall plane.
Storefront Transparency. In a mixed use storefront or
commercial liner storefront, a minimum of 60% of the street-
fronting, street-level window pane surface area must allow
views from 4 feet off the ground into the ground story use.
Windows cannot be made opaque by window treatments
(except operable sunscreen devices).
Applicability. Blank wall area standards apply to ground and
upper story primary and side street-facing facades of principal
buildings. Blank wall area applies in both a vertical and
horizontal direction.
Definition. Blank wall area means a portion of the exterior
facade of the building that does not include any of the
following: windows or doors, columns, pilasters, any other
articulation greater than 12 inches in depth, or a substantial
material change (paint color is not considered a substantial
material change).
Blank Wall Area. FIGURE 2203-C through FIGURE 2203-
M establish the maximum blank wall area allowed for each
building type.
Definition. Building height is regulated in both number of
stories and feet and is measured from the average grade to the:
1) Mean height level between the eaves and ridge of a
gable, hip, mansard, or gambrel roof; or
2) Highest point of roof surface of a flat roof, not including
a maximum 4-foot high parapet wall encroachment.
Average Grade. Average grade is determined by calculating the
average of the highest and lowest elevation along natural or
improved grade (whichever is more restrictive) along the front
of the building parallel to the front setback line.
Attics. An attic does not count as a story where 50% or more
of the attic floor area has a clear height of less than 7 feet
measured from the finished floor to the finished ceiling.
Basements. A basement with 50% or more of its perimeter wall
area surrounded by natural grade is not considered a story.
Building Height. FIGURE 2203-C through FIGURE 2203-M
establish the building height requirements for each building
type.
Building Height Variation. On sites with multiple principal
buildings, there must be variation in building height of at least
2 feet.
Roofline Variation. When multiple buildings are proposed, roof
lines must vary (in height, material, treatment, direction, etc.)
and must not extend in a continuous plane for more than 50
feet.
H1. Primary Building Height (floors/feet)
H2. Ground Floor Height (in feet)
H3. Upper Floor Height (in feet)
H4. Finished Ground Floor Elevation (in inches)
H5. Roof Pitch (rise:run)
Flat Roofs Permitted (yes or no)
Definition. Story height is measured from the top of the
finished floor to the ceiling above.
Ground Floor Story Height. The first 30 feet of the building
measured inward from the street-facing façade must meet the
minimum ground floor story height requirement established
in FIGURE 2203-C through FIGURE 2203-M for each building
type. At least 50% of the ground story must meet the minimum
height requirement.
Upper Floor Story Height. At least 80% of each upper story
must meet the minimum upper floor story height requirements
established in FIGURE 2203-C through FIGURE 2203-M for
each building type.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-13
FIGURE 2203-A. GENERAL BUILDING AND LOT STANDARDS (con’t)
GROUND FLOOR ELEVATION ACTIVE GROUND FLOOR USES VERTICAL MASSING HORIZONTAL MASSING
Definition. Ground floor elevation is measured from the
improved ground level in the build-to-zone where the primary
building is placed, to the top of the finished ground floor.
Ground Floor Elevation. The first 30 feet of the lot measured
from the right-of-way line must have a minimum ground floor
elevation as established in FIGURE 2203-C through FIGURE
2203-M for each building type.
Ground Floor within a Frontage Zone. Any portion of the
ground floor of a building located within a frontage zone (see
FIGURE 2200-B) must be occupied by an active ground floor
use.
Upper Floor within a Frontage Zone. Any portion of the
upper floor(s) of a building located within a frontage zone (see
FIGURE 2200-B) may be occupied by any use allowed under
FIGURE 2202-A.
Outside a Frontage Zone. Any portion of the ground or upper
floor(s) of a building located outside a frontage zone (see
FIGURE 2200-B) may be occupied by any use allowed under
FIGURE 2202-A.
Entrances. Street entrances may be allowed for access to
permitted uses on both the ground floor and upper floors.
BASE
10% MIN
CAP
5% MIN
Vertical Massing. The architectural composition of principal
buildings must include a recognizable base, body and cap along
the entire length of the facade as follows:
1) The base must be at least 10% of the vertical height of
the building wall and must be constructed of a masonry
material; and
2) A recognizable cap must consist of a minimum of 5%
of the vertical height of the building wall and must be
designed with multiple decorative layers.
BAY
30 FT MAX
CHANGE IN
WALL PLANE
CHANGE IN
ROOF FORM
Horizontal Massing. Principal building walls must consist of a
building bay or structural building system that is a maximum
of 30 feet in width. Bays must be visually established by
architectural features that subdivide the wall and massing into
human scale proportions such as:
1) Changes in the architectural base heights, columns,
pilasters or piers;
2) Changes in plane not less than 12 inches in width and 4
inches in depth; or
3) An equivalent architectural element.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-14
FIGURE 2203-A. GENERAL BUILDING AND LOT STANDARDS (con’t)
PEDESTRIAN SCALE DESIGN ELEMENTS BULK PLANE SETBACK AND TRANSITIONAL BUFFER
DECORATIVE BRICK PATTERN TRIM AND MOLDINGS
Pedestrian Scale Design Elements. In effort to promote
pedestrian activity, principal building facades must incorporate
at least 2 continuous or repeating details refined to the scale
of 12 inches or less within the first 15 feet of the building
façade, measured vertically from grade such as decorative art
components, medallions, changes in brick pattern, changes in
brick courses, decorative light fixtures, or trim and moldings.
Applicability. Any development on a lot abutting a protected
district must conform to the following setback and buffer
requirements. The protected district includes the Conservation
Character District, the Mixed Residential Character District, and
any developed residential lot existing as of the effective date of
this article.
Definition. The bulk plane is a three-dimensional area defined
by a vertical plane at the property line and a plane that is
located on the setback line extending vertically for a height of
35 feet from the ground and then from that height continuing
at a 45-degree angle towards the interior of the subject
property.
Bulk Plane. Buildings must not encroach into or over the bulk
plane.
Transitional Buffer. A transitional buffer meeting the standards
of Section 2205.2 is required along the shared property line
with a protected district.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-15
FIGURE 2203-B. BUILDING ELEMENTS
AWNING / CANOPY BALCONY FORECOURT
Definition. Awnings and canopies are wall-mounted, cantilevered structures
providing shade and cover from the weather for a sidewalk or outdoor activity zone.
Standards. Awnings and canopies:
1) Must have a minimum of 10 feet clear height above a sidewalk or outdoor
activity zone;
2) Must have a minimum depth of 6 feet;
3) Must be at least 5 feet from the curb line or edge of pavement;
4) May extend into a required setback; and
5) May encroach into the public (municipal) right-of-way.
Definition. A balcony is a platform projecting from the wall of an upper-story of a
building with a railing along its outer edge, often with access from a door or window.
Standards. Balconies:
1) Must have a minimum of 10 feet clear height above a sidewalk or outdoor
activity zone;
2) Must have a minimum depth of 4 feet;
3) Must be at least 2 feet from the vertical plane of any lot line;
4) Must not encroach into the public right-of-way;
5) May extend up to 6 feet into a required setback; and
6) May be covered and screened, but must not be fully enclosed.
Definition. A forecourt is an open area at, or within 30 inches of, grade that serves as
an open space, plaza or outdoor dining area.
Standards. A maximum of one forecourt is permitted per lot. Forecourts:
1) Must be no more than one-third of the length of the building face and in no
case longer than 35 feet in width;
2) Must be no more than 35 feet in depth;
3) Are considered part of the building for the purpose of measuring the build-to-
zone; and
4) May be included in the calculation of any required outdoor activity zone.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-16
FIGURE 2203-B. BUILDING ELEMENTS (con’t)
GALLERY PORCH STOOP
Definition. A gallery is a covered passage extending along the outside wall of a
building supported by arches or columns that is open on 3 sides.
Standards. Galleries:
1) Must have a minimum of 10 feet clear height above a sidewalk or outdoor
activity zone;
2) Must have a clear depth from the support columns to the building’s facade of
at least 6 feet;
3) Must be contiguous and extend along at least 50% of the width of the
building facade from which it projects;
4) Must be at least 5 feet from the curb line or edge of pavement;
5) May extend into a required setback; and
6) May encroach into the public (municipal) right-of-way.
Definition. A porch is a raised structure attached to a building, forming a covered
entrance to a doorway.
Standards. Porches:
1) Must have a minimum depth of 6 feet (not including the steps);
2) Must be at least 5 feet from the vertical plane of any lot line;
3) Must not encroach into the public right-of-way;
4) Must be roofed;
5) Must be contiguous, with a width not less than 25% of the building facade
from which it projects;
6) May extend up to 8 feet (including the steps) into a required setback; and
7) May be screened, but must not be fully enclosed.
Definition. A stoop is a series of uncovered steps and/or a raised landing, with
or without handrails, existing for the sole purpose of reaching the entrance to a
building.
Standards. Stoops:
1) Must be no more than 6 feet deep (not including the steps);
2) Must be at least 2 feet from the vertical plane of any lot line;
3) Must not encroach into the public right-of-way;
4) May extend up to 6 feet (including the steps) into a required setback; and
5) May be covered, but must not be fully enclosed.
Town of Shelburne, Vermont Section 2203 Page XXII-17FIGURE 2203-C. BUILDING TYPE 1 - DETACHED DWELLINGDescriptionCharacter ExamplesOne- and two-family homes generally consistent with traditional neighborhood development patterns and residential architecture. Building mass should be articulated to reduce the overall scale and the primary building façade should be oriented to the street with appropriate secondary building elements such as porches and bay windows. Walkways should connect the building entry to public sidewalks and parking areas. Landscaping should be used to define the street edge, buffer parking areas and add interest to open spaces. Renovations should preserve the street facing facade of the dwelling, and garages and additions should be located behind the front elevation of the home and placed to the side and rear of the main body of the house as secondary elements in scale and massing.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage40’ minLot Depth80’ minLot Area (in square feet)5,000 min / 1-2 family DUAdditional Requirements:See Section XIX - Accessory Dwelling Units (attached and detached)See Section XIX - Home OccupationsLot Area of 7,500 S.F. required for 2 dwelling units (1 accessory)Principal Building Placement on LotAFront Yard / Primary Street Setback15’ minBSide Yard Interior Setback (no street)10’ minCRear Yard Setback20’ minSecondary Street Side Yard10’ minDPrimary Street Build-to-Zone15’ min / 25’ maxBuild-to-Zone Occupancy (%)30% minAdditional Requirements:Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above. Accessory dwelling unit may be permitted with CUP in main body of primary building or upper floor of a garage.F = Primary Building Footprint; I = Permitted Front Yard EncroachmentAccessory Building Placement on LotPrimary Street Setback50’ minSide and Rear Setback5’ minAdditional Requirements: Garages may be attached and must be setback 10’ behind front facade.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback5’ minAdditional Requirements: On-site parking is not permitted between the primary street and building.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area15% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUNCD, SUCD, MRCDGround Floor LimitationsResidential, Home OccupationAdditional Requirements:Building HeightPrimary Building Height (stories/feet)1.5 (22’) min / 2.5 (35’) maxGround Floor Height (floor-to-ceiling)n/aUpper Floor Height (floor-to-ceiling)n/aGround Floor Finished Elevation0’ min, 4’ maxRoof Pitch (rise:run)4:12 min / 18/12 maxFlat Roofs PermittedNoAdditional Requirements:ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationHPorchAllowedGround-Floor Transparency (%)n/aStoopAllowedUpper-Floor Transparency (%)n/aBalconyAllowedBuilding Length - Street Facing Facaden/aGalleryNot AllowedBlank Wall Area - Primary / Secondary Streetn/aAwning/CanopyNot AllowedFront Wall Length without Offsetn/aForecourtNot AllowedFront Wall Offset - Minimum Lengthn/aAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth n/aBuilding Separation n/aPedestrian AccessAdditional Requirements:Street Facing Entrance RequiredYesEntrance Spacing on Primary Streetn/aConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-18FIGURE 2203-D. BUILDING TYPE 2 - TOWNHOUSEDescriptionCharacter ExamplesTownhouses are horizontally attached or semi-detached single family dwelling units. The townhouse lot is located and designed to accommodate a building with a common wall on one or both side lot lines and an enclosed private yard or garden space to the rear. The primary entrance faces the street yard and is elevated above the sidewalk with a stoop, porch or landing. Street yards may be enclosed with a semi-opaque fence with a walkway connection between the front door and public sidewalk.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage per Unit20’ min / 30’ maxLot Depth60’ minLot Area (in square feet)1,400 min / 1-family DUAdditional Requirements:Minimum Site Requirements: Area 10,000 S.F. and 75’ Frontage per 5 unitsSee Section XIX - Home OccupationsPrincipal Building Placement on LotAFront Yard / Primary Street Setback5’ minBSide Yard Interior Setback (no street)0’ min / 5’ min (end unit)CRear Yard Setback20’ minSecondary Street Side Yard10’ minDPrimary Street Build-to-Zone5’ min / 20’ maxBuild-to-Zone Occupancy (%)70% minAdditional Requirements:Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above. Accessory dwelling unit may be permitted with CUP in the upper floor of a detached garage.Accessory Building Placement on LotPrimary Street Setback30’ minSide and Rear Setback5’ minAdditional Requirements: Garages may be detached and setback a minimum of 5’ from rear alley.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback5’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Alley (rear-loaded) or side street vehicle access is required.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area15% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, GCCD, SUCD, MRCDGround Floor LimitationsResidential, Home OccupationAdditional Requirements:Building HeightPrimary Building Height (stories/feet)2 (22’) min / 2.5 (35’) maxGround Floor Height (floor-to-ceiling)9’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 4’ maxRoof Pitch (rise:run)4:12 min / 18/12 maxFlat Roofs PermittedYesAdditional Requirements:Accessory structure height is 20’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchAllowedGround-Floor Transparency (%)20% minStoopAllowedUpper-Floor Transparency (%)20% minBalconyAllowedBuilding Length - Street Facing Facaden/aGalleryNot AllowedBlank Wall Area - Primary / Secondary Street35’ maxAwning/CanopyAllowedFront Wall Length without Offsetn/aForecourtAllowedFront Wall Offset - Minimum Lengthn/aAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depthn/aBuilding Separationn/aPedestrian AccessAdditional Requirements:Maximum number of units permitted in any one row is 10. Minimum space between buildings at break in row is 12’.Street Facing Entrance RequiredYesEntrance Spacing on Primary Streetn/aConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-19FIGURE 2203-E. BUILDING TYPE 3 - MULTI-FAMILY BUILDINGDescriptionCharacter ExamplesA building located and designed to accommodate multiple dwellings above or beside each other and that occupies most of its lot width and is placed close to the sidewalk. This may include apartment and condominium building types of between 3 and 24 attached dwelling units with common access areas. Dwelling units may be in the form of ownership, rental or a combination of each.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage75’ minLot Depth100’ minLot Area (in square feet)7,500 sf for the first 3 DUs & 2,000 sf for each additional DUAdditional Requirements:See Section XIX - Home OccupationsMaximum number of dwellings per building is 24.Principal Building Placement on LotAFront Yard / Primary Street Setback10’ minBSide Yard Interior Setback (no street)10’ min CRear Yard Setback20’ minSecondary Street Side Yard10’ minDPrimary Street Build-to-Zone10’ min / 30’ maxBuild-to-Zone Occupancy (%)50% minAdditional Requirements:Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above. Accessory Building Placement on LotPrimary Street Setback30’ minSide and Rear Setback5’ minAdditional Requirements: Garages must be setback 5’ minimum from rear alley.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback5’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Alley (rear-loaded) or side street vehicle access is allowed.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area15% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, GCCD, SUCD, MRCDGround Floor LimitationsResidentialAdditional Requirements:Building HeightPrimary Building Height (stories/feet)2 (22’) min / 3.5 (40’) maxGround Floor Height (floor-to-ceiling)9’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 4’ maxRoof Pitch (rise:run)4:12 min / 18/12 maxFlat Roofs PermittedYesAdditional Requirements:Reduced height may be required when abutting a Protected District. Accessory structure height is 20’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchAllowedGround-Floor Transparency (%)20% minStoopAllowedUpper-Floor Transparency (%)20% minBalconyAllowedBuilding Length - Street Facing Facade150’ maxGalleryNot AllowedBlank Wall Area - Primary / Secondary Street30’ maxAwning/CanopyAllowedFront Wall Length without Offset50’ maxForecourtAllowedFront Wall Offset - Minimum Length8’ minAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth4’ minBuilding Separation20’ minPedestrian AccessAdditional Requirements:Street Facing Entrance RequiredYesEntrance Spacing on Primary Street50’ maxConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-20FIGURE 2203-F. BUILDING TYPE 4 - COTTAGE AND COTTAGE COURTSDescriptionCharacter ExamplesCottages are single-family detached dwellings of 1,400 square feet or less and a maximum of 2 bedrooms. Cottage Courts include 3 or more dwelling units and are typically oriented around a common courtyard with shared access, parking areas, accessory civic buildings, and community gardens conveniently located near the cottages. Cottage Courts can also serve as cooperative housing where common facilities and land are maintained by the unit owners. LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Site Area20,000 sf minASite Width120’ minBSite Depth120’ minAdditional Requirements:Number of Dwelling Units: 3 min / 12 maxLot Area per Dwelling Unit: 1,200 sf minPrincipal Building Placement on LotDSite Front Yard / Primary Street Setback15’ minSide Side and Rear Yard Setback15’ min Cottage Lot Front Setback from Courtyard5’ minCottage Lot Side Interior Setback5’ minCottage Rear Setback10’ minCottage Footprint800 sf maxAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Accessory Building Placement on LotSite Front/Primary Street Setback30’ minSite Side and Rear Setback5’ minAdditional Requirements: Maximum footprint of accessory structures on cottage lot is 150 sf.Parking Placement on Lot (see SECTION 2205.1)Front Parking Setback30’ minSide and Rear Parking Setback5’ minAdditional Requirements: Parking garages must be detached and can be located in a common area.On-site parking is not permitted between the primary street and cottages.Open Space on Lot (see SECTION 2204.5)Courtyard Area3,000 sf minCourtyard Area per Cottage600 sf minCourtyard Width40’ minAdditional Requirements:The courtyard must be one contiguous open area and must be provided at grade. Only accessory civic buildings are permitted with a maximum footprint of 1,000 S.F. See Section 2204.5 for additional open space types permitted in Cottage Courts in addition to courtyards.BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUNCD, GCCD, SUCD, MRCDGround Floor LimitationsResidential, Home OccupationAdditional Requirements:Building HeightPrimary Building Height (stories/feet)1 (16’) min / 2 (24’) maxAccessory Structures18’ maxGround Floor Finished Elevation0’ min / 4’ maxRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedNoAdditional Requirements:Accessory structure height is 15’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchAllowedGround-Floor Transparency (%)n/aStoopAllowedUpper-Floor Transparency (%)n/aBalconyAllowedBuilding Separation10’ minGalleryNot AllowedAdditional Requirements:Awning/CanopyNot AllowedForecourtNot AllowedAdditional Requirements:Building elements fronting the courtyard may be located on the front lot line.See SECTION 2203.3Pedestrian AccessStreet Facing Entrance RequiredRequired for fronting unitsConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:An interior sidewalk or trail is required on courtyards adjacent to all fronting cottage lots.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-21FIGURE 2203-G. BUILDING TYPES 5 - LIVE / WORK UNITDescriptionCharacter ExamplesA Live/Work Unit is a mixed use unit consisting of a commercial or light industrial function and a residential function. The commercial function may not occupy any story located above a story on which a residential function occurs. The Live/Work Units must be the primary residence of at least one employee. No more than four employees not living on the premises may be employed by the business. No storage of materials or equipment may be used which creates noise, vibration, glare, fumes, odor, electrical interference or other nuisances detectable to the normal person outside the structure.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage20’ min / 50’ maxLot Depth60’ minLot Area (in square feet)1,400 min per 1-family DUAdditional Requirements:Minimum Site Requirements: Area 10,000 sf and Width 100 ft.Lot Area of 2,000 sf required for 2 dwelling units (1 accessory).Principal Building Placement on LotAFront Yard / Primary Street Setback0’ minBSide Yard Interior Setback (no street)0’ min / 5’ end unit CRear Yard Setback10’ minSecondary Street Side Yard0’ minDPrimary Street Build-to-Zone0’ min / 15’ maxBuild-to-Zone Occupancy (%)70% minAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Accessory Building Placement on LotPrimary Street Setback30’ minSide and Rear Setback5’ minAdditional Requirements: Garages may be detached but must be setback 5 feet from rear alley or lot line.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback5’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Alley (rear-loaded) or side street vehicle access is required.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area10% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, GCCD, SUCD, MRCDGround Floor LimitationsResidential, Home OccupationAdditional Requirements:Permitted in MRCD only on lots fronting on Shelburne Road.Building HeightPrimary Building Height (stories/feet)1.5 (22’) min / 2.5 (30’) maxGround Floor Height (floor-to-ceiling)10’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 4’ maxRoof Pitch (rise:run)4:12 min / 18/12 maxFlat Roofs PermittedNoAdditional Requirements:Accessory structure height is 20’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationTerraceAllowedGround-Floor Transparency (%)40% minStoopAllowedUpper-Floor Transparency (%)30% minBalconyAllowedBuilding Length - Street Facing Facaden/aGalleryNot AllowedBlank Wall Area - Primary / Secondary Street35’ maxAwning/CanopyAllowedFront Wall Length without Offsetn/aForecourtNot AllowedFront Wall Offset - Minimum Lengthn/aAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depthn/aBuilding Separationn/aPedestrian AccessAdditional Requirements:Maximum number of units permitted in any one row is 10. Minimum space between buildings at break in row is 12 feet.Street Facing Entrance RequiredYesEntrance Spacing on Primary Streetn/aConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-22FIGURE 2203-H. BUILDING TYPE 6 - MIXED USE STOREFRONTDescriptionCharacter ExamplesThis building type is intended to accommodate a variety of uses including residential on upper floors above various commercial uses on the ground floor level. The commercial ground floor uses address the street through the orientation of primary façade, primary entrances, display windows, privately owned public spaces and outdoor activity zones. The building clearly establishes the location of entries for each use and walkways connect the building entry to public sidewalks and parking areas. Canopy trees are used to define street edge and landscaped buffers are used to screen parking areas.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage50’ minLot Depth100’ minLot Area (in square feet)5,000 sf minAdditional Requirements:Maximum number of dwelling units per building: 12 in MUSCD and MRCD; 24 in other Character Districts.Principal Building Placement on LotAFront Yard / Primary Street Setback5’ minSide Yard / Secondary Street Side Yard (no st)5’ minBSide Yard Interior Setback (no street)0’ min / 5’ end unit CRear Yard Setback10’ minRear or Side Yard Setback, from protected district25’ minPrimary Street Build-to-Zone (BTZ)5’ min / 15’ maxDSecondary Street Build-to-Zone (BTZ)5’ min / 15’ maxPrimary Street BTZ Occupancy (%)70% minSecondary Street BTZ Occupancy (%)35% minAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Accessory Building Placement on LotPrimary Street Setback30’ minSide and Rear Setback5’ minAdditional Requirements: Garages must be detached and setback 5 feet from rear alley or lot line.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback5’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Alley (rear-loaded) or side street vehicle access is permitted.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area10% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, GCCD, SUCD, MRCDGround Floor LimitationsSee FIGURE 2202-AAdditional Requirements:Permitted in MRCD only on lots fronting on Shelburne Road.Building HeightPrimary Building Height (stories/feet)2 (24’) min / 3 (35’) maxGround Floor Height (floor-to-ceiling)12’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 2’ maxRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedYesBuilding Footprint15,000 sf maxAdditional Requirements:Accessory structure height is 20’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchAllowedGround-Floor Transparency (%)40% minTerraceAllowedUpper-Floor Transparency (%)20% minStoopNot AllowedBuilding Length - Street Facing Facade120 ft maxBalconyAllowedBlank Wall Area - Primary / Secondary Street20’ maxGalleryAllowedFront Wall Length without Offset50’ maxAwning/CanopyAllowedFront Wall Offset - Minimum Length8’ minForecourtAllowedFront Wall Offset - Minimum Depth4’ minAdditional Requirements:See SECTION 2203.3Building Separation10’ minAdditional Requirements:A minimum of 60% of the street-fronting, street-level window pane surface area must allow views from 4 feet off the ground into the ground story use. Windows cannot be made opaque by window treatments (except operable sunscreen devices).Pedestrian AccessStreet Facing Entrance RequiredYesEntrance Spacing on Primary Street50’ maxConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-23FIGURE 2203-I. BUILDING TYPE 7 - COMMERCIAL LINER BUILDINGDescriptionCharacter ExamplesThis building type is intended to accommodate a variety of uses including residential on upper floors above various commercial uses on the ground floor level. The commercial ground floor uses address the street through the orientation of primary façade, primary entrances, display windows, privately owned public spaces and outdoor activity zones. The building clearly establishes the location of entries for each use and walkways connect the building entry to public sidewalks and parking areas. Canopy trees are used to define street edge and landscaped buffers are used to screen parking areas.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage50’ minLot Depth100’ minLot Area (in square feet)5,000 sf minAdditional Requirements:Principal Building Placement on LotAFront Yard / Primary Street Setback5’ minSide Yard / Secondary Street Side Yard (no street)5’ minBSide Yard Interior Setback (no street)0’ min / 5’ end unit CRear Yard Setback10’ minRear or Side Yard Setback, from protected district20’ minPrimary Street Build-to-Zone (BTZ)5’ min / 15’ maxDSecondary Street Build-to-Zone (BTZ)5’ min / 15’ maxPrimary Street BTZ Occupancy (%)70% minSecondary Street BTZ Occupancy (%)35% minAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Accessory Building Placement on LotPrimary Street Setback30’ minSide and Rear Setback5’ minAdditional Requirements: Garages must be detached and setback 5 feet from rear alley or lot line.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback10’ minAdditional Requirements: A limited amount of on-site parking may be permitted between the primary street and building with a Conditional Use approval. Alley (rear-loaded) or side street vehicle access is permitted.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area10% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, GCCD, SUCD, MRCDGround Floor LimitationsSee FIGURE 2202-AAdditional Requirements:Permitted in MRCD only on lots fronting on Shelburne Road.Building HeightPrimary Building Height (stories/feet)1 (30’) maxGround Floor Height (floor-to-ceiling)12’ minUpper Floor Height (floor-to-ceiling)n/aGround Floor Finished Elevation0’ min / 2’ maxRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedYesBuilding Footprint20,000 sf maxAdditional Requirements:Accessory structure height is 20’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchNot AllowedTerraceAllowedGround-Floor Transparency (%)40% minStoopNot AllowedUpper-Floor Transparency (%)20% minBalconyAllowedBuilding Length - Street Facing Facade120 ft maxGalleryAllowedBlank Wall Area - Primary / Secondary Street40’ maxAwning/CanopyAllowedFront Wall Length without Offset100’ maxForecourtAllowedFront Wall Offset - Minimum Length4’ minAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth4’ minBuilding Separation10’ minPedestrian AccessAdditional Requirements:Maximum number of buildings of this type permitted on any one lot is 4.A minimum of 60% of the street-fronting, street-level window pane surface area must allow views from 4 feet off the ground into the ground story use. Windows cannot be made opaque by window treatments (except operable sunscreen devices).Street Facing Entrance RequiredYesEntrance Spacing on Primary Street100’ maxConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-24FIGURE 2203-J. BUILDING TYPE 8 - TECH SHOP BUILDINGDescriptionCharacter ExamplesA building designed to accommodate large and small scale manufacturing, repairs and workshops including artisans. These buildings are limited in height used to provide affordable space to small and large format business enterprises. Buildings are located near the frontage and parking lots are typically to the side and rear of the primary building and screen or partially landscaped.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)ALot Width / Primary Frontage50’ minBLot Depth100’ minCLot Area (in square feet)7,500 sf minAdditional Requirements:Principal Building Placement on LotDFront Yard / Primary Street Setback5’ minESide Yard / Secondary Street Side Setback5’ minSide Yard Interior Setback (no street)20’ min FRear Yard Setback20’ minRear or Side Yard Setback, from protected district50’ minGPrimary Street Build-to-Zone (BTZ)5’ min / 20’ maxSecondary Street Build-to-Zone (BTZ)5’ min / 15’ maxNPrimary Street BTZ Occupancy (%)40% minSecondary Street BTZ Occupancy (%)20% minAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Parking Placement on Lot (see SECTION 2205.1)HFront Parking Setback30’ minISide and Rear Parking Setback10’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area15% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form Diagram (note: not all features labeled below are subject to corresponding standards left)MUSCD, MUNCD, BCCD, GCCD, SUCDGround Floor LimitationsSee FIGURE 2202-AAdditional Requirements:Building Height and MassingJPrimary Building Height (stories/feet)MUSCD, MUNCD, GCCDBCCD, SUCD1 (20’) max2 (35’) maxGround Floor Height (floor-to-ceiling)10’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 2’ maxKRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedYesBuilding FootprintMUSCD, MUNCD, GCCDBCCD, SUCD15,000 sf max25,000 sf maxAdditional Requirements:Accessory structure height is 24’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchNot AllowedTerraceAllowedGround-Floor Transparency (%)20% minStoopNot AllowedUpper-Floor Transparency (%)10% minBalconyAllowedBuilding Length - Street Facing Facade175 ft maxGalleryAllowedBlank Wall Area - Primary / Secondary Street35’ max / 45’ maxAwning/CanopyAllowedFront Wall Length without Offset100’ maxForecourtAllowedFront Wall Offset - Minimum Length8’ minAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth4’ minBuilding Separation20’ minPedestrian AccessAdditional Requirements:Maximum number of buildings of this type permitted on any one lot in the MUSCD, MUNCD and GCCD is 4.MStreet Facing Entrance RequiredYesEntrance Spacing on Primary Street100’ maxOConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-25FIGURE 2203-K. BUILDING TYPE 9 - FLEX COMMERCIAL / INDUSTRIAL BUILDINGDescriptionCharacter ExamplesA building located and designed to accommodate a large footprint commercial and light industrial use building. Large commercial and light industrial formats are integrated into a flexible building which conceals large expanses of blank walls and faces from the street with ample windows and doors opening onto the sidewalk. Flex buildings are also used to provide affordable space to small and large format business enterprises. Front yards are well landscaped and parking lots are typically to the side and rear of the primary building and screen or partially landscaped.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage50’ minLot Depth100’ minLot Area (in square feet)7,500 sf minAdditional Requirements:Principal Building Placement on LotAFront Yard / Primary Street Setback5’ minSide Yard / Secondary Street Side Setback5’ minBSide Yard Interior Setback (no street)20’ min CRear Yard Setback20’ minRear or Side Yard Setback, from protected district50’ minPrimary Street Build-to-Zone (BTZ)5’ min / 50’ maxDSecondary Street Build-to-Zone (BTZ)5’ min / 50’ maxPrimary Street BTZ Occupancy (%)30% minSecondary Street BTZ Occupancy (%)20% minAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback10’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area15% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, BCCD, SUCDGround Floor LimitationsSee FIGURE 2202-AAdditional Requirements:Building Height and MassingPrimary Building Height (stories/feet)MUSCD, MUNCDBCCD, SUCD2 (30’) max3 (40’) maxGround Floor Height (floor-to-ceiling)10’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 2’ maxRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedYesBuilding FootprintMUSCD, MUNCDBCCD, SUCD25,000 sf max35,000 sf maxAdditional Requirements:Accessory structure height is 24’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchNot AllowedTerraceAllowedGround-Floor Transparency (%)20% minStoopNot AllowedUpper-Floor Transparency (%)10% minBalconyAllowedBuilding Length - Street Facing Facade175 ft maxGalleryAllowedBlank Wall Area - Primary / Secondary Street35’ max / 45’ maxAwning/CanopyAllowedFront Wall Length without Offset100’ maxForecourtAllowedFront Wall Offset - Minimum Length8’ minAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth4’ minBuilding Separation50’ minPedestrian AccessAdditional Requirements:Street Facing Entrance RequiredYesEntrance Spacing on Primary Street100’ maxConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2203Page XXII-26FIGURE 2203-L. BUILDING TYPE 10 - GENERAL MULTI-PURPOSE BUILDINGDescriptionCharacter ExamplesThis building type is intended to accommodate general commercial and office uses and is not intended for residential or retail uses. The building clearly establishes the location of entries for each use. Primary building façade is oriented to the street with walkways connecting the building entry to public sidewalks and parking areas. Landscaping is used to define street edge and buffer parking areas.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage50’ minLot Depth100’ minLot Area (in square feet)7,500 sf minAdditional Requirements:Principal Building Placement on LotAFront Yard / Primary Street Setback5’ minSide Yard / Secondary Street Side Setback5’ minBSide Yard Interior Setback (no street)20’ min CRear Yard Setback20’ minRear or Side Yard Setback, from protected district50’ minPrimary Street Build-to-Zone (BTZ)5’ min / 20’ maxDSecondary Street Build-to-Zone (BTZ)5’ min / 20’ maxPrimary Street BTZ Occupancy (%)50% minSecondary Street BTZ Occupancy (%)25% minAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Parking Placement on Lot (see SECTION 2205.1)EFront Parking Setback30’ minSide and Rear Parking Setback10’ minAdditional Requirements: On-site parking is not permitted between the primary street and building. Alley (rear-loaded) or side street vehicle access is permitted.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area15% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramMUSCD, MUNCD, BCCD, GCCD, SUCD, MRCDGround Floor LimitationsSee FIGURE 2202-AAdditional Requirements:Permitted in MRCD only on lots fronting on Shelburne Road.Building Height and MassingPrimary Building Height (stories/feet)MRCD, GCCDMUSCD, MUNCDBCCD, SUCD2 (24’) max3 (35’) max4 (45’) maxGround Floor Height (floor-to-ceiling)10’ minUpper Floor Height (floor-to-ceiling)9’ minGround Floor Finished Elevation0’ min / 2’ maxRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedYesBuilding FootprintMRCD, GCCDMUSCD, MUNCDBCCD, SUCD15,000 sf max25,000 sf max35,000 sf maxAdditional Requirements:Accessory structure height is 24’ max.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchNot AllowedTerraceAllowedGround-Floor Transparency (%)40% minStoopNot AllowedUpper-Floor Transparency (%)20% minBalconyAllowedBuilding Length - Street Facing Facade175 ft maxGalleryAllowedBlank Wall Area - Primary / Secondary Street35’ max / 45’ maxAwning/CanopyAllowedFront Wall Length without Offset100’ maxForecourtAllowedFront Wall Offset - Minimum Length8’ minAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth4’ minBuilding Separation50’ minPedestrian AccessAdditional Requirements:Maximum number of buildings of this type permitted on any one lot in the MRCD and GCCD is 4.Street Facing Entrance RequiredYesEntrance Spacing on Primary Street100’ maxConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2203 Page XXII-27FIGURE 2203-M. BUILDING TYPE 11 - CIVIC BUILDINGDescriptionCharacter ExamplesCivic buildings are public and private buildings with unique public, monumental, or ceremonial purposes. Examples include town halls, schools, churches and other religious buildings, museums, and libraries. Civic buildings are designed in connection with open space such as a green, plaza, park, playground, community garden, above-ground stormwater management area, or natural area worthy of preservation.LOT AND BUILDING PLACEMENT STANDARDSLot StandardsLot Placement Diagram (note: not all features labeled below are subject to corresponding standards left)Lot Width / Primary Frontage50’ minLot Depth50’ minLot Area (in square feet)5,000 sf minAdditional Requirements:Principal Building Placement on LotFront Yard / Primary Street Setbackn/aSide Yard / Secondary Street Side Setbackn/aSide Yard Interior Setback (no street)n/a DRear Yard Setback25’ minCRear or Side Yard Setback, from protected district50’ minPrimary Street Build-to-Zone (BTZ)n/aSecondary Street Build-to-Zone (BTZ)n/aPrimary Street BTZ Occupancy (%)n/aSecondary Street BTZ Occupancy (%)n/aAdditional Requirements: Build-to-zone and minimum setbacks from Shelburne Road identified on FIGURE 2200-B supersede the requirements above.Parking Placement on Lot (see SECTION 2205.1)Front and Side Parking Setbackn/aDRear Parking Setback10’ minAdditional Requirements: On-site parking is not permitted between the primary street and building.Open Space on Lot (see SECTION 2204.5)Open Space as % of Total Lot Area25% minPermitted Open Space TypesSee SECTION 2204.5Additional Requirements:BUILDING STANDARDSPermitted Building Types by Character DistrictBuilding Form DiagramAll Character DistrictsGround Floor Limitationsn/aAdditional Requirements:Limited civic buildings type permitted in the CCD. See SECTION 2204.5.Building Height and MassingPrimary Building Height (stories/feet)3 (40’) maxGround Floor Height (floor-to-ceiling)12’ minUpper Floor Height (floor-to-ceiling)n/aGround Floor Finished Elevation0’ min / 6’ maxRoof Pitch (rise:run)4:12 min / 18:12 maxFlat Roofs PermittedYesBuilding Footprint20,000 sf maxAdditional Requirements:Reduced height may be required when abutting a protected district. See SECTION 2205.2.ACTIVATION STANDARDSBuilding ElementsStreet Facing Transparency and ArticulationPorchAllowedTerraceAllowedGround-Floor Transparency (%)40% minStoopAllowedUpper-Floor Transparency (%)20% minBalconyAllowedBuilding Length - Street Facing Facade175’ maxGalleryAllowedBlank Wall Area - Primary / Secondary Street100’ maxAwning/CanopyAllowedFront Wall Length without Offset100’ maxForecourtAllowedFront Wall Offset - Minimum Length8’ minAdditional Requirements:See SECTION 2203.3Front Wall Offset - Minimum Depth4’ minBuilding Separation20’ minPedestrian AccessAdditional Requirements:Street Facing Entrance RequiredYesEntrance Spacing on Primary Streetn/aConnection between Public Sidewalks and Front EntranceYesAdditional Requirements:
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2204Page XXII-28
2) Streets must balance the need of different combinations of
transportation modes including auto, service vehicle, bus transit,
bicycle and pedestrian to maximize safety, access, mobility and
convenience for all residents and users. Street character will vary
depending on location. Where competing objectives exist, the needs
of pedestrians and bicyclists must be given consideration consistent
with the principles contained within Vermont’s “Complete Streets”
law (Act 34 of the Vermont Legislature, 2011).
3) Village and neighborhood center streets (designed according to
applicable street types) are intended to create pedestrian-oriented
places that balance different transportation modes. The neighborhood
street types are designed primarily for pedestrians and bicyclists,
with automobile movement as a secondary focus. The boulevard and
business park street types are geared more to the free movements of
vehicles, while maintaining good walking and bicycling facilities.
4) Future public and private roadway infrastructure construction in the
Shelburne Road corridor must incorporate a broad range of “green
streets” design elements such as street trees, permeable pavements,
bioretention, swales, and other techniques to the maximum extent
feasible given soil and other site-specific conditions. Although
the design and appearance of streets will vary, the functional
goals are the same: provide source control of stormwater, limit its
transport and pollutant conveyance to the collection system, restore
pre-development hydrology to the extent possible, and provide
environmentally enhanced thoroughfares. Successful
application of green techniques will encourage soil and
vegetation contact and infiltration and retention of
stormwater.
2204.2B Street Type. FIGURE 2204-A establishes the specific street
and thoroughfare types allowed within each Character
District.
1) Roundabouts. Roundabouts are:
a. Prohibited within frontage zones; and
b. Encouraged at the edges of and between
Character Districts, where their ability to break up
and distribute traffic flow is most appropriate and
least disruptive to the pedestrian environment.
2) Street Construction Standards. FIGURE 2204-D
through FIGURE 2204-J establish the street and
thoroughfare type and design standards, which
supersede any conflicting standards in Section 900
of the Town of Shelburne Subdivision Regulations.
All other construction standards in Article IX of the
Subdivision Regulations will apply except as provided
for in SECTION 2205.3.
2204 PUBLIC REALM STANDARDS
2204.1 Applicability
2204.1A General Applicability. The public realm standards:
1) Apply to land development as well as the construction of new streets,
reconstruction of existing streets, and development of public and
publicly accessible open spaces within the SR-FBOD; and
2) Establish the rules and standards for street design, streetscape design
and open space design.
3) A vehicular way providing access to three or more dwelling units or
principal buildings will be considered a street.
2204.1B New Streets. Where an applicant proposes to construct a new street,
the new street alignment must conform to FIGURE 2200-B unless an
alternative alignment or connection is approved under CHAPTER 2207.
2204.1C Existing Streets
1) An existing street cannot be rebuilt or substantially extended except
in conformance with this article.
2) The developer must install sidewalks and street trees as needed to
conform with the standards in FIGURE 2204-D through FIGURE
2204-J for the applicable street type irrespective of whether the
existing street will be rebuilt.
3) For the purposes of this section, rebuilding is defined as any of the
following:
a. Construction modifying the existing base or sub-base material;
b. Pavement milling to a depth of 4 inches or greater; or
c. Construction to enclose previously open drainage infrastructure,
such as ditches, with materials other than culverts.
4) For the purposes of this section, substantially extended is defined as
any of the following:
a. Construction expanding the width of the existing street by more
than 3 feet; or
b. Extending the length of the existing street by more than 200 feet.
2204.2 Street Type Specifications
2204.2A General Intent
1) Streets are primary public spaces and must be designed and
constructed to serve as an attractive framework for villages,
neighborhoods, corridors, civic institutions, and special use districts.
3) Street Type Deviations. The Development Review Board may approve
a request for a waiver filed pursuant to SECTION 2207.5 to deviate
from street type specifications where:
a. Strict enforcement would be physically impractical due to site
specific conditions; or
b. Special circumstances warrant the use of an alternative street
type.
2204.2C Street Design. FIGURE 2204-D through FIGURE 2204-J establish the
design standards for each street type. New streets must conform to
the design standards for the applicable street type except that the
Development Review Board may approve a request for a waiver filed
pursuant to SECTION 2207.5:
1) For changes related to curbing, drainage facilities, landscaping,
and paving materials consistent with low-impact design principles
of SECTION 2205.3 that would enhance on-site stormwater
management; or
2) To allow traditional curb-and-gutter drainage where site constraints
prevent the use of the sustainable design principles and practices of
SECTION 2205.3.
3) For changes to ROW width where site constraints prevent strict
adherence to the ROW profiles depicted in FIGURES 2204-D
through 2204-J
FIGURE 2204-A. STREET AND THOROUGHFARE TYPES
CHARACTER DISTRICT
1. PRIMARY
STREETS
2. SECONDARY
STREETS
3. PASSAGES
AND TRAILS
1.1 VILLAGE / NEIGHBORHOOD CENTER STREET1.2 NEIGHBORHOOD RESIDENTIAL STREET1.3 BUSINESS PARK STREET1.4 MULTIPLE USE BOULEVARD AND PARKWAY2.1 ACCESS STREET2.2 ALLEY3.1 PEDESTRIAN PASSAGE3.2 MULTI-PURPOSE PATHMixed Use Street (MUSCD)
Mixed Use Neighborhood (MUNCD)
Business Campus (BCCD)
Green Corridor (GCCD)
Special Uses (SUCD)
Mixed Residential (MRCD)
Conservation (CCD)
Permitted in Character District
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2204 Page XXII-29
2204.3 Access and Connectivity Standards
2204.3A Street Networks and Connectivity
1) Each Character District is to have an interconnected network of streets
and achieve the following transportation objectives upon build-out:
a. Accommodation of existing or anticipated public transit
improvements and facilities;
b. Preservation of existing topography and protected natural
resources;
c. Dedication of new or reconstructed streets as public streets, with
public access allowed to smaller facilities such as access streets,
alleys, path or pedestrian passages; and
d. Use of access streets and rear alleys as the primary means of
internal vehicular access in village and neighborhood center
Character Districts. Alleys and access street entrances should
provide ease of ingress for service vehicles.
2) Street stubs and/or rights-of-way must be provided to adjoining
undeveloped areas within this overlay district to accommodate future
street connectivity wherever physically feasible unless otherwise
specified in this article. Completion of the connection will be required
when the adjacent property is developed.
3) A street segment must not be longer than 1,000 feet without an
intersecting street.
2204.3B Site Access. Development must provide site access as follows:
1) Number of Curb Cuts. A lot must not have more than 1 curb cut
onto a public street. Where a lot is located at the corner of two public
streets, access to the secondary or side street is required unless the
applicant demonstrates that access to the secondary street is not
feasible due to site-specific physical conditions.
2) Driveway Width/Residential. The maximum driveway width for
residential properties will be 12 feet between a public street and the
front facade of the primary building. Behind the front facade, the
driveway may widen to accommodate on-site parking.
3) Driveway Width/Non-Residential and Mixed Use. All non-residential
or mixed use sites must comply with the driveway width standards of
Article IX Section 1900.8.
4) Shared Driveways. Shared driveways are encouraged in the SR-
FBOD and are required in the MUSCD. Shared driveways must be in
compliance with Article IX Section 1900.8.
5) Access to Public Ways. Applicants must demonstrate that proposed
development will provide a safe means of pedestrian, bicycle and
vehicular ingress and egress from and to a public street, sidewalk and
abutting sites using one of the approved street types.
6) Internal Access to Adjoining Lots
a. Internal access is direct access between adjoining properties.
b. Internal access between adjoining lots is encouraged in the SR-
FBOD and is required in the MUSCD, MUNCD and BCCD.
c. Where shared access is combined with shared parking between
adjoining lots, buffer requirements between the lots will be
waived for the purpose of designing the parking lot shared
internal circulation and shared use.
2204.4 Streetscape Standards
2204.4A General Provisions
1) Street Space
a. The street space is the area between the front facade of the
primary building and the back of the curb including the combined
area of public and private frontage as shown in FIGURE 2204-B.
b. Streetscape standards are applicable to the street space.
2) Street Space Maintenance Responsibility
a. The respective owners of property within the street space will
be responsible for general maintenance of plant material in the
street space.
b. When stormwater facilities are located within the street space,
maintenance will be the responsibility of the property owner
on which the facility is located unless the property owner has
entered into an agreement with the Town of Shelburne (or the
town’s designee) for the provision of maintenance as follows:
i. Such agreements must be in writing and for a term of not
less than 20 years.
ii. No application proposing shared or assigned maintenance
of stormwater facilities may be approved under this article
unless the applicant submits evidence of such an agreement
or agreements as part of the application.
3) Utilitarian Site Elements. Utilitarian site elements including, but
not limited to, air compressors, pumps, exterior water heaters, water
softeners, private trash cans (not including public sidewalk waste
bins), and storage tanks must not be stored or located within any
street space. Temporary placement of private trash cans within the
street space may be allowed to accommodate scheduled pick-up.
2204.4B Street Trees
1) General Standards. Each street space must have street trees planted
along the street tree alignment line as specified in FIGURE 2204-D
through FIGURE 2204-J for the applicable street type and as follows:
a. Generally, the street tree alignment must be centered in the tree
belt or 5 feet from the back of the curb as shown in FIGURE
2204-C.
b. Where necessary, alignment and spacing allowances may be
made to accommodate curb cuts, bus transit stops, crosswalks,
fire hydrants and other infrastructure elements.
2) Species Type and Size
a. At planting, street trees must be at least 3 inches in diameter at
designated breast height and at least 8 feet in overall height.
b. Street trees must be “limbed up” as they gain appropriate
maturity, to a minimum of 8 feet clear over the sidewalk and 14
feet over the travel lanes of the street. As specified in SECTION
2205.2C, shade canopies must be of a height that, at maturity,
remains predominantly clear of building frontages.
c. Street trees should generally be of a different species than
those on the connecting streets. Street trees must comply with
requirements in SECTION 2205.2E.
d. Applicants must demonstrate that tree species have been
selected, and tree planting methods and future tree maintenance
will be performed in a manner consistent with the latest version
of the Town of Shelburne Street Tree Management Plan as most
recently adopted.
3) Tree Belts and Soil Volume
a. The tree planting zone may be hardscaped or landscaped as
follows:
i. Village and neighborhood center streets (FIGURE 2204-
D), as well as service alleys (FIGURE 2204-I) typically are
hardscaped, but may include a mix of hardscape and
landscaped areas.
ii. Local streets (FIGURE 2204-E through FIGURE 2204-H) are
typically landscaped with a grassed boulevard.
b. In hardscape areas, trees must be planted in:
i. Closed tree pits with tree grates and continuous soil trenches
utilizing soil cells and permeable paving; or
ii. Open tree pits that form continuous soil trenches; and
iii. Permeable paving must be used above all soil trenches to
passively irrigate trees, allowing for water and oxygen to
reach tree roots.
c. In landscape areas:
i. Trees must be planted in a continuous boulevard soil trench
with access to additional soil volume within and outside the
right-of-way.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2204Page XXII-30
ii. Break-out zones must be provided under sidewalks and
multi-use paths to allow tree roots access to adjacent soils
without damaging infrastructure.
d. The upper 3 feet of soil within the planting zone must be
uncompacted, well-aerated, moist and otherwise suitable for
sustaining healthy trees and plants.
e. Every understory tree must be provided with a minimum of 300
cubic feet of quality, uncompacted soil with direct access to an
additional 300 cubic feet through shared root space.
f. Shade trees must have access to a total minimum of 1,000 cubic
feet of uncompacted soil.
g. Tree opening size must be maximized to ensure there is adequate
room for trees to mature.
h. Utilities must not be placed in the tree pit, but must be placed in
a joint utility trench next to the tree pit.
2204.4C Other Streetscape Elements
1) Street lights and sidewalks must be constructed as specified in
FIGURE 2204-D through FIGURE 2204-J and FIGURE 2204-C. The
project developer must complete installation of street lights and
sidewalks concurrent with development of land along the street space.
2) Street lights must be installed on both sides of streets, and offset from
street trees so as not to interfere with their growth and development.
3) Street lights must be between 9 and 16 feet above ground in height
and separated by a distance as specified in FIGURE 2204-D through
FIGURE 2204-J for the applicable street type.
4) Sidewalks must be a minimum of 5 feet wide unless otherwise
designated in the street type specifications and must be constructed
to meet all town and ADA specifications.
5) Street furnishings such as benches in the street space must not
obstruct the clear walkway.
6) Private frontage landscaping must be provided as specified in
SECTION 2205.2D.
2204.4D On-Street Parking
1) Curb extensions with street trees and other landscape treatments,
existing or new driveways, streets, alleys, or bus transit stops may
interrupt the parking lane.
2) Parking spaces must be constructed in a manner that allows proper
drainage and may incorporate permeable pavements, curb cuts to tree
box filters or bioretention swales, or other measures that encourage
infiltration and retention of stormwater.
FIGURE 2204-B. STREET SPACE DIAGRAM
FIGURE 2204-C. TREE PLANTING IN THE STREET SPACE
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2204 Page XXII-31FIGURE 2204-D. VILLAGE AND NEIGHBORHOOD CENTER STREET (VNC-60-40)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA local slow-movement thoroughfare suitable for village and neighborhood center streets, providing frontage for moderate density mixed-use buildings such as commercial, residential and civic uses. It is urban in character with raised curbs, storm-drain inlets, and striped on street parking. Formal tree plantings with selected species in opportunistic alignment and confined by individual planters or planting strips which maximize sidewalk width, with areas accommodating street furniture. Clear trunks and high canopies are necessary to avoid blocking views of storefronts, signage, and awnings.Example ApplicationsExisting secondary streets off Shelburne Road and new streets in the MUSCD, MUNCD, MRCD, SUCDStreet Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo - 9’ to 11’Parking LanesParallel, both sides, 8’ x 22’ spaces, linedR.O,W, Width60’Pavement Width38’ to 40’Traffic FlowTwo wayCurb TypeRaised or flush curb for natural drainageCurb Radius15’Vehicular Design Speed25 MPHPedestrian Crossing Time3.5 secondsRoad Edge TreatmentVariableBike Way TypeNot dedicated, with flowBike Way Widthn/aTransit FacilitiesBus stops and pull outsStreetscape Design ElementsPlan ViewPlanter TypeIndividual in sidewalk at curb or 6’ planting stripPlanting PatternTrees at 40’ on center averagePlanter Strip / Box Width5’ x 5’ planters with expandable gratesTree TypeVariable tree species, drought and salt tolerantUtilitiesBuried utilitiesStreet Light TypePedestrian-scale ornamentalStreet Light Spacing40’ to 60’ intervalsSidewalk PlacementBoth sidesSidewalk WidthPublic: 5’ to 11’; Private: Extension onto lot permittedSidewalk EncroachmentSeating and display as permitted in districtCharacter District ApplicationsMUSCD, MUNCD, MRCD, SUCDFIGURE 2204-E. NEIGHBORHOOD RESIDENTIAL STREET (NRS-50-34)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA local, yield moving thoroughfare suitable for village neighborhoods. Streets provide frontage for low to moderate density residential buildings such as single family detached or attached homes, multi-family buildings, and cottage courts.Example ApplicationsExisting secondary streets off Shelburne Road and new streets in the MUSCD, MUNCD, MRCD, SUCDStreet Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo - 9’ to 10’Parking LanesParallel, both sides, 7’ x 22’ spaces, unlinedR.O,W, Width50’Pavement Width34’Traffic FlowTwo wayCurb TypeRaised or flush curb for natural drainageCurb Radius15’Vehicular Design Speed15 MPHPedestrian Crossing Time2.7 secondsRoad Edge TreatmentVariableBike Way TypeNot dedicated, with flowBike Way Widthn/aTransit Facilitiesn/aStreetscape Design ElementsPlan ViewPlanter Type4’ planting stripPlanting PatternTrees at 40’ on center averagePlanter Strip / Box WidthPlanting stripTree TypeVariable tree species, drought, wet and salt tolerantUtilitiesBuried utilitiesStreet Light TypeStreet-scale ornamentalStreet Light Spacing40’ to 60’ intervalsSidewalk PlacementBoth sidesSidewalk Width5’ minSidewalk Encroachmentn/aCharacter District ApplicationsMUSCD, MUNCD, MRCD, SUCD
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2204Page XXII-32FIGURE 2204-F. BUSINESS PARK STREET TYPE (BPS-50-30-BL)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA local thoroughfare suitable for business park settings providing frontage for moderate to higher density development that generates higher truck traffic than general commercial operations. It is urban in character with raised curbs, storm-drain inlets, and striped on street parking. Formal tree plantings with selected species in opportunistic alignment and confined by planting strips which maximize separation between pedestrians and vehicles. Dedicated bike lanes and strategically placed bus stops and pull outs are provided to facilitate access to this employment zone by various modes of travel.Example ApplicationsExecutive Drive, Northside Drive, and Champlain Drive off Shelburne Road and new streets in the BCCD and SUCD.Street Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo - 11’Parking Lanesn/aR.O,W, Width50’Pavement Width30’Traffic FlowTwo wayCurb TypeRaised or flush curb for natural drainageCurb Radius15’Vehicular Design Speed20 MPHPedestrian Crossing Time2.5 secondsRoad Edge TreatmentVariableBike Way TypeDedicatedBike Way Width4’Transit FacilitiesBus stops and pull outs in strategic locationsStreetscape Design ElementsPlan ViewPlanter TypePlanting stripPlanting PatternTrees at 40’ on center averagePlanter Strip / Box Width6’ planting strips on both sidesTree TypeVariable tree species, drought and salt tolerantUtilitiesBuried utilitiesStreet Light TypeStreet-scale ornamentalStreet Light Spacing75’ to 150’ intervalsSidewalk PlacementBoth sidesSidewalk Width4’ public / private extension possibleSidewalk EncroachmentAs permitted in districtCharacter District ApplicationsMUSCD, MUNCD, MRCD, SUCDFIGURE 2204-G. BOULEVARD AND PARKWAY (BV-70-40)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA long-distance thoroughfare traversing Character Districts and accessing non-FBZ districts in Shelburne. Gently meandering parallel to development nodes, neighborhoods, and open spaces. This thoroughfare- type should be designed for moderate speeds with two travel lanes, bicycle lanes, separate multi-purpose path, and significant tree plantings creating a smooth transition between districts. An intermittent landscaped median creates a linear parkway. Street Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo - 11’Parking LanesIntermittent parallel, 8’, markedR.O,W, Width70’Pavement Width30’ to 40’ with optional 10’ center medianTraffic FlowTwo wayCurb TypeRaised or flush curb for natural drainageCurb Radius15’Vehicular Design Speed30 MPHPedestrian Crossing Time4.5 secondsRoad Edge TreatmentVariableBike Way TypeDedicated bike lane or pathBike Way Widthn/aTransit Facilitiesn/aStreetscape Design ElementsPlan ViewPlanter TypeContinuous, 10’ center landscape medianPlanting PatternTrees at 40’ on center averagePlanter Strip / Box Width5’Tree TypeSelected street treesUtilitiesBuried utilitiesStreet Light TypeStreet-scale ornamentalStreet Light Spacing75’ to 150’ intervalsSidewalk PlacementBoth sidesSidewalk Width5’ public / private extension possibleSidewalk Encroachmentn/aCharacter District ApplicationsAny Character District where cross access is required to another Character District or other base zoning district.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2204 Page XXII-33FIGURE 2204-H. ACCESS STREET TYPE (AS-40-22)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA narrow vehicular access way to the rear of business and mixed use areas providing service areas, parking access, and utility easements. Example Applications Existing secondary streets off Shelburne Road and new streets in the MUSCD, MUNCD, MRCD, GCCD, SUCD.Street Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo - 11’Parking Lanesn/aR.O,W, Widthn/a (private)Pavement Width22’Traffic FlowTwo wayCurb TypeRaised or flush curb for natural drainageCurb Radius15’Vehicular Design Speed15 MPHPedestrian Crossing Time2.0 secondsRoad Edge TreatmentVariableBike Way TypeNot dedicated, with flowBike Way Widthn/aTransit Facilitiesn/aStreetscape Design ElementsPlan ViewPlanter TypePlanting stripPlanting PatternTrees at 40’ on center averagePlanter Strip / Box Width6’ planting strips on both sidesTree TypeVariable tree species, drought and salt tolerantUtilitiesBuried utilitiesStreet Light TypeStreet-scale ornamentalStreet Light Spacing40’ to 60’ intervalsSidewalk PlacementBoth sidesSidewalk Width4’ privateSidewalk Encroachmentn/aCharacter District ApplicationsMUSCD, MUNCD, MRCD, GCCD, SUCDFIGURE 2204-I. SERVICE ALLEY (AL-20-16)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA narrow vehicular access way to the rear of residential and commercial buildings providing access to service areas, parking, and utilities. Alleys are used by trucks and may accommodate dumpsters which should be screened if possible.Example Applications Existing secondary streets off Shelburne Road and new streets in the MUSCD, MUNCD, MRCD, GCCD, SUCD.Street Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo - 8’Parking Lanesn/aR.O,W, Widthn/a (private)Pavement Width16’Traffic FlowTwo wayCurb TypeVariableCurb Radius15’Vehicular Design Speed10 MPHPedestrian Crossing Time1.5 secondsRoad Edge TreatmentVariableBike Way TypeNot dedicated, with flowBike Way Widthn/aTransit Facilitiesn/aStreetscape Design ElementsPlan ViewPlanter Typen/aPlanting Patternn/aPlanter Strip / Box Widthn/aTree Typen/aUtilitiesn/aStreet Light TypeStreet-scaleStreet Light Spacing40’ to 60’ intervalsSidewalk PlacementBoth sidesSidewalk Width2’ shoulder areaSidewalk Encroachmentn/aCharacter District ApplicationsMUSCD, MUNCD, MRCD, GCCD, SUCD
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2204Page XXII-34FIGURE 2204-J. PEDESTRIAN PASSAGE (MP-VAR-15)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeA pedestrian and bicycle connector that passes between buildings. Passages provide shortcuts through long blocks and connect rear parking with street frontages. Passages may not be lined by shop fronts.Street Design StandardsCross Section / Perspective ViewMovementPedestrian onlyTravel Lanesn/aParking Lanesn/aR.O,W, Widthn/a (private)Pavement Widthn/aTraffic Flown/aCurb Typen/aCurb Radiusn/aVehicular Design Speedn/aPedestrian Crossing Timen/aRoad Edge Treatmentn/aBike Way Typen/aBike Way Widthn/aTransit Facilitiesn/aStreetscape Design ElementsPlan ViewPlanter TypeVariesPlanting PatternOptional, occasionalPlanter Strip / Box WidthVariesTree TypeOptional, selected street treesUtilitiesn/aStreet Light TypePedestrian levelStreet Light Spacingn/aSidewalk PlacementOneSidewalk Width9’ to 18’Sidewalk Encroachmentn/aCharacter District ApplicationsAll Character DistrictsFIGURE 2204-K. MULTI-PURPOSE TRAIL (MPT-15-8)Example Use of HierarchyDescriptionST-60-20-BLwith bicycle lane20’ pavement width60’ right-of-way widththoroughfare / streetscape typeAn independent pedestrian and bicycle way generally running through or parallel with parkways and highways. Paths should connect directly with the sidewalk network.Example ApplicationsPassive recreation in all Character DistrictsStreet Design StandardsCross Section / Perspective ViewMovementFree movementTravel LanesTwo lanesParking Lanesn/aR.O.W. Width20’ easementPavement Width10’ minTraffic FlowTwo wayCurb Typen/aCurb Radiusn/aVehicular Design Speed10 MPHPedestrian Crossing Timen/aRoad Edge Treatmentn/aBike Way TypeShared and dedicatedBike Way Widthn/aTransit Facilitiesn/aStreetscape Design ElementsPlan ViewPlanter Typen/aPlanting PatternVariablePlanter Strip / Box Widthn/aTree TypeVariableUtilitiesn/aStreet Light TypeVariableStreet Light Spacing100’ or as needed for sufficient lighting levelsSidewalk Placementn/aSidewalk Widthn/aSidewalk Encroachmentn/aCharacter District ApplicationsAll Character Districts
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2204 Page XXII-35
2204.5 Public and Civic Open Space Standards
2204.5A Intent. The intent of these standards is to provide for a combination of
viable public and private open spaces and civic gathering areas.
2204.5B Applicability. Open and civic space includes street spaces as defined
in SECTION 2204.4 as well as dedicated spaces that are either publicly
owned or publicly accessible and are intended for the gathering of people
for passive or active recreation, entertainment and organized communal
activities.
2204.5C Open Space Types. FIGURE 2204-L identifies the specific public and
private open space types allowed within the SR-FBOD.
2204.5D Open Space Design Standards
1) General Standards. Applicants must design, landscape, and furnish
public and private open spaces to be consistent with the Character
District in which they are located.
2) Allocation of Lot for Open Space. Individual property owners must
use a minimum percentage of their lot for open space as established
in FIGURE 2203-C through FIGURE 2203-M for the applicable
building type as follows:
a. The open space must be one of the types identified in FIGURE
2204-L.
b. Two or more property owners within the SR-FBOD may create a
joint open space as long as the dedicated space is accessible to
the public and provides an area of open space equal to or greater
than the combined area of open space required for the properties
involved.
c. For the purposes of meeting this requirement, open space must
not include any impervious area or area with a runoff coefficient
greater than 0.9.
3) Allocation of Development Site for Open Space. New developments
involving a site area of 5 acres, 8 or more dwelling units, or 10,000
square feet of commercial or mixed use building space must allocate a
minimum of 5% of the site to common open space as follows:
a. The common open space must be one or more of the types
identified in FIGURE 2204-L.
b. Adjacent development sites subject to this requirement may
create a joint common open space as long as the dedicated space
is accessible to the public and amounts to a minimum of 5% of
the land area of all the properties involved.
4) Sustainable Design. Open spaces must conform to the minimum
unpaved pervious surface (turf, groundcover, mulch, etc.) requirement
established in FIGURE 2204-L for the applicable type. Applicants are
encouraged to maximize the use of pervious paving materials that
allow oxygen and water for tree roots and to absorb stormwater run-
off in all open spaces.
5) Low Impact Development (LID) Applications on Open Space. If
the selected open space types include pavement or other hardscape
surfaces, applicants must integrate low impact development (LID)
applications consistent with those authorized in SECTION 2205.3 into
the design of the open space.
2204.5E Use of Street Space along Private and Public Frontages. The active use
of private and public frontages (the area between the primary building
facade and back of curb) in a manner consistent with the applicable
Character District is encouraged. Pedestrian access and outdoor accessory
uses are allowed in the street space consistent with the following:
1) Outdoor Activity Zones. Outdoor activities are allowed and
encouraged where applicable as accessory uses to restaurants, retail
and personal services within street yard and side yard areas on private
lots as follows:
a. Outdoor dining areas may be extended onto the public sidewalk
with conditional use approval under CHAPTER 2207.
b. Where outdoor dining is located on a public sidewalk, a
minimum of 5 feet of unobstructed passage and accessible
routes compliant with the Americans with Disabilities Act must be
provided for pedestrian use.
c. All furnishings must be removed from the public portion of the
sidewalk at the close of business each day.
2) Outdoor Display. Outdoor display of products available for sale will
be permitted in association with non-residential ground floor use in
accordance with the following provisions:
a. The outdoor display area must not occupy more than 30% of the
horizontal length of the building facade.
b. The outdoor display area may be located within the street yard
setback area.
c. The outdoor display area may be located on a public sidewalk
with conditional use approval under CHAPTER 2207 provided
that the display area will be located within 5 feet of the primary
building and a minimum of 5 feet of unobstructed passage and
accessible routes compliant with the Americans with Disabilities
Act will be provided for pedestrian use.
d. Outdoor display must be removed and placed inside a fully-
enclosed building at the end of each business day.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2204Page XXII-36
FIGURE 2204-L. OPEN AND CIVIC SPACE STANDARDS
OPEN SPACE TYPE AND STANDARDS DIAGRAM CHARACTER EXAMPLE Suggested Frontage
on at Least:
Typical Lot Size Minimum Unpaved
Pervious Surfaces
FORM-BASED DISTRICTS / CHARACTER DISTRICTS
MUS MUN BC GC SU MR CD
Preserve: A preserve is an area comprised of natural resources and constraints available
for limited public access and low impact recreation. Its landscape may consist of paths
and trails, meadows, woodland, wetlands, floodplains, scenic vistas, and other natural
attributes. Preserves may be lineal, such as the natural corridor along brooks, rivers
and lakes. The liner preserves should connect to surrounding neighborhood and civic
buildings.
No street but
easement possible 0.5 acres min 90%
Park: A park is a natural preserve available for active and passive recreation. Parks
should connect to surrounding neighborhood and civic buildings. These open spaces are
typically larger green spaces and should be located at the edge of or between Character
Districts.
Parks must accommodate active or passive recreation. Its landscape must consist of one
or more of the following: paths and trails, meadows, woodland, community gardens,
open shelters, playgrounds, playing fields, and courts, all naturalistically disposed.
1 street 0.5 acres min 90%
Green: A green is an open space available for unstructured recreation and programmed
for civic gatherings that is less formal in nature than a square. A green may be spatially
defined by landscaping rather than building frontages. These open spaces should be
situated in prominent locations within Character Districts.
Its landscape must consist of lawn and trees, naturalistically disposed. The maximum
slope across any green must not exceed 10%.
2 streets 0.25 to 5 acres 50%
Square: A square is an open space available for unstructured recreation and civic
gatherings that is spatially defined by building frontages and located at the intersection
of important thoroughfares.
Its landscape must consist of paths, lawns and trees, formally disposed. Buildings facing
squares must be designed so that 25% of the overall facade and 40% of the ground
floor facade facing the open space is composed of transparent windows.
1 street 0.125 to 2 acres 50%
Plaza: A plaza is a civic space type designed for civic purposes and commercial activities
generally paved and spatially defined by building frontages. Trees are optional in plazas.
Plazas may be located at the intersection of important streets.
Buildings facing plazas must be designed so that 25% of the overall facade and 40% of
the ground floor facade facing the open space is composed of transparent windows.
1 street 0.125 to 1 acre 25%
Pocket Park: A pocket park is an open space designed primarily for passive recreation
and may be equipped for the active recreation of children and community garden plats.
Pocket parks may be interspersed within residential areas and may be placed within a
block. There are no minimum or maximum typical size.0 - 1 street Variable 50%
Images for Parks and Plazas are from the SmartCode Version 9.2 prepared by DPZ Inc.; Privately Owned Pubic Spaces and Outdoor Activity Zones were prepared by Dodson & Flinker Associates. = Allowed
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Page XXII-37Section 2204
FIGURE 2204-L. OPEN AND CIVIC SPACE STANDARDS
OPEN SPACE TYPE AND STANDARDS DIAGRAM CHARACTER EXAMPLE Suggested Frontage
on at Least:
Typical Lot Size Minimum Unpaved
Pervious Surfaces
FORM-BASED DISTRICTS / CHARACTER DISTRICTS
MUS MUN BC GC SU MR CD
Playground: A playground is an open space designed for the active recreation of
children. Playgrounds may be interspersed within residential areas and may be placed
within a block. Playgrounds may be included within parks, greens and community
gardens. There are no minimum or maximum typical size.
A playground must be fenced and may include an open shelter.
0 - 1 street Variable 50%
Community Garden: A community garden is a grouping of garden plots available to
nearby residents for small-scale cultivation using shared water source. Community
garden plots may be located on public parks or private lots.
0 - 1 street Variable n/a
Playing Fields and Courts: Playing fields and courts are publicly accessible open spaces
designed and equipped for active recreation and organized sports. Playing fields and
courts may include grass, artificial turf, clay, dirt, stone dust, concrete, asphalt, ice or
other pervious or impervious materials to support various sporting events.1 Street Variable n/a
Privately Owned Public Spaces (POPS) and Outdoor Activity Zones (OAZ): POPS may
include various utilization of private frontages such as forecourts, outdoor terraces,
seating areas, plazas, and public art installations that are intended to be utilized for
passive creation and public gathering. OAZs include POPS but may also include use of
publicly-owned spaces such as sidewalk dining as permitted by the town.1 street Variable n/a
Parking Court or Parklet: A parking court or parklet is an open space designed for off-
street parking to serve surrounding neighborhood. Parklets may be interspersed within
residential areas and may be placed within a block. Parklets may be surfaced with grass
blocks, gravel, pervious pavers and other permeable materials. Parklets may be included
within pocket parks, playgrounds, community garden plots, and playcourts. However,
they do not count toward required open and civic space requirements. There are no
minimum or maximum typical size.
Parklets must be landscaped and include perimeter street trees and transitional buffer
treatments in avoid visual impacts on surrounding properties.
1 street 20 spaces or
6,000 sf max n/a
Private Yards and Gardens: Private open space and the configuration of other site
features, such as parking, should be coordinated with adjacent properties to create
shared access and larger open spaces whenever possible. For example, multi-family
buildings can alternate open space and parking orientation to combine open space
features and parking areas.0 - 1 street Variable n/a
Images for Parks and Plazas are from the SmartCode Version 9.2 prepared by DPZ Inc.; Privately Owned Pubic Spaces and Outdoor Activity Zones were prepared by Dodson & Flinker Associates. = Allowed
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2205Page XXII-38
2205 SITE DEVELOPMENT STANDARDS
2205.1 Parking and Loading Standards
2205.1A Purpose and Intent. The overall objective for parking standards is to
ensure an adequate amount of parking is provided while taking into
account the context of the Character District and avoiding excessive
parking.
2205.1B Applicability. Existing and proposed development must provide parking
facilities in accordance with this section unless specifically exempted by
Character District standards. The provisions of this chapter supersede the
provisions of Section 1960 in the case of a conflict.
2205.1C Parking Location
1) Off-Street Parking. Off-street parking must be located in accordance
with the standards of SECTION 2201.2 for the applicableCharacter
District.
2) Shared Parking
a. Shared parking is encouraged in the SR-FBOD.
b. Abutting lots with compatible uses must physically join parking
areas across lot lines and create shared driveways and connected
parking aisles in the MUSCD and the MUNCD.
c. Applicants must provide a mutual access and use easement
acceptable to the Town of Shelburne’s legal counsel. The
applicant will bear the cost of reviewing the easement.
3) Remote Parking. Required parking spaces may be permitted at off-
site locations if the off-site parking complies with all of the following
standards:
a. Customers. Off-site parking spaces for customers must be located
within 1250 feet of the primary entrance of the building along
the shortest available pedestrian route (from the nearest point of
the parking area to the nearest point of the primary entrance).
b. Employees. Specifically designated off-site parking areas for
employees must be located within 1500 feet of an employee
entrance served along the shortest available pedestrian route
(from the nearest point of the parking area to the nearest point
of the employee entrance).
c. Parking Agreement. The applicant must file a contract, written
agreement, or other suitable legal instrument acceptable to
the Town of Shelburne’s legal counsel with the application that
specifies the location, number, and available hours of all spaces
to be used. The applicant will bear the cost of reviewing the
agreement.
2205.1D Off-Street Parking Requirements. Minimum parking for all uses and
structures must be provided in accordance with Article XIX Section
1960.1.C.1 through 14, except where the amount of required parking is
reduced using one or more of the parking reduction methods authorized in
SECTION 2205.1.
2205.1E Maximum Surface Parking Requirements. The maximum number of
off-street surface parking spaces must not exceed 100% of the minimum
parking requirements specified in Article XIX Section 1960.1.C.1 through
14 unless the Development Review Board grants conditional use approval
for additional parking upon the applicant demonstrating that:
1) The need for additional parking cannot reasonably be met through
provision of on-street parking, shared parking with adjacent or nearby
uses, or other permitted off-site reduction methods;
2) The design and intended use of the proposed development will
support high levels of existing or planned transit and pedestrian
activity;
3) Likely users of the parking area have characteristics that could
increase parking demand;
4) The required ADA and van accessible space requirements will be met;
5) The additional parking will not harm historic or natural resources, such
as historic buildings, significant trees, or wetlands and other sensitive
environmental areas; and
6) The additional parking will be surfaced with a porous pavement
system consistent with the requirements of SECTION 2205.3 or,
if porous pavement use is not feasible, the increased stormwater
flows will be offset through other Low Impact Development (LID) /
stormwater BMPs.
2205.1F Parking Requirement Exemptions
1) Structured Parking. Spaces provided within the footprint of a
structure containing 1 or more other uses, including rooftop, at-grade,
or below-grade spaces will not be limited by the maximum off-street
parking requirement provided that the square footage footprint
dedicated to structured parking will be less than 50% of the total
square footage footprint that would be required for surface parking.
2) Outdoor Dining. Permitted outdoor dining located on the same site
as the primary use and building will be exempt from the calculation of
required off-street parking spaces.
2205.1G Reduction of Minimum Off-Street Parking Requirements. The DRB may
grant conditional use approval for a reduction of up to 50% in the number
of required non-handicapped-accessible off-street parking spaces or may
require a reduction upon consideration of the standards below.
1) Landowner Discretionary Reductions. Parking reduction factors that
may be considered by the DRB include, but are not limited to, the
following:
a. Mixed Use Shared Parking Efficiencies. The DRB may approve a
parking reduction calculated in accordance with FIGURE 2205-
M upon the applicant demonstrating that multiple uses will be
sharing parking in accordance with the following:
i. The peak parking demand periods of the uses will occur at
different times;
ii. A shared parking agreement exists between proximate
properties with different peak parking demand times;
iii. The uses sharing parking have a high rate of parking
turnover; and/or
iv. There is evidence of similar uses and location situations
operating successfully with lower than required amounts of
parking.
v. If the size of the requested parking reduction exceeds 25%,
the applicant must submit an evaluation of parking demand
following the procedures of the Urban Land Institute (ULI)
Shared Parking Manual (latest edition), the Institute of
Transportation Engineers (ITE) Shared Parking Guidelines
(latest addition) or other procedures approved by the DRB.
vi. The DRB may waive the required evaluation for small
developments where there is established experience with the
land use mix and the impact is expected to be minimal.
b. Pedestrian Access and Facilities. The site:
i. Is located within a Character District with sufficient
residential and/or commercial density and appropriate
infrastructure to support pedestrian and bicycle travel
between existing and proposed uses;
ii. Can support pedestrian and bicycle access as a primary
means of travel; and
iii. Offers a viable alternative to access by a personal vehicle.
c. Proximity to Public Parking. There is reasonable proximity to
publicly-available off-street parking lots or on-street parking
spaces.
d. Public Parking Reserve. In lieu of providing the total minimum
on-site parking required, the DRB may accept a permanent
easement on the property for the purposes of constructing public
parking for all or a portion of required on-site parking spaces. The
reserve easement will be subject to review and approval by the
Selectboard.
e. Proximity to Public Transit. The site is within ¼ mile walking
distance of public transit (including bus transit and future
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2205 Page XXII-39
commuter rail transit) and the proposed uses are conducive to
transit usage.
f. Car-Sharing Program. The DRB may approve a parking reduction
where an active car-sharing program will be made available to
residents and/or employees; and where cars for the car-share
program will be available on the site or within a 700-foot walking
distance of the site.
g. Transportation Demand Mitigation (TDM) Plans. Transportation
mitigation plans may be implemented in conjunction with any
use.
FIGURE 2205-M. SHARED PARKING FACTOR MATRIX
To Calculate Required Parking: Divide
the sum of the parking requirements
for two functions by the applicable
ratio (Shared Factor). SmartCode 9.2
RESIDENTIALLODGINGOFFICERETAILRESIDENTIAL 1.0 1.1 1.4 1.2
LODGING 1.1 1.0 1.7 1.3
OFFICE 1.4 1.7 1.0 1.2
RETAIL 1.2 1.3 1.2 1.0
2) Development Review Board Reductions
a. Transportation Demand Mitigation Plans. TDM Plans will be
required for all large-scale parking facilities, where the required
number of parking spaces exceeds 250. New construction of
large- scale parking facilities, or any change to existing uses
that requires additional parking on site that would create
large-scale parking facilities, may also require the applicant
to employ parking mitigation to reduce the number of surface
parking spaces if determined appropriate by the DRB. Qualifying
parking mitigation may include but will not be limited to: shared
and structured parking; parking shuttles and van services;
employee carpool plans; incentives for employees to use
alternative transportation such as bicycles, transit, and walking;
telecommuting plans for employees; car sharing and corporate
vehicle fleets for employee use, and other similar programs. The
DRB will have the discretion to require parking mitigation for
large-scale facilities as appropriate taking into consideration
stormwater, surface water impairment, the character of the
neighborhood, traffic, pedestrian safety, landscaping, and
circulation.
b. Parking Reserve. In lieu of or along with an absolute reduction,
the DRB may require a portion of the site to be reserved but not
developed to comply with the off-street parking requirement.
The reserved area must be either landscaped or maintained in a
natural state. The reserved area will not count towards any open
space standard specified in Section 2204.2.
i. The reserved parking area must be labeled as “Reserve
Parking” on the site plan and maintained in a landscaped or
natural state. It must not be used for building area.
ii. If, after one year from the issuance of a Certificate of
Occupancy, the DRB finds that any of the reserve spaces are
needed or not needed, the DRB may require that all or any
portion of the spaces identified as reserve parking on the
site plan be constructed or eliminated from the plan within
a reasonable time period, as specified in writing by the DRB
following a public meeting with the owner of the property.
c. Parking Reduction Plan. To this end, the DRB may require the
applicant to provide a formal parking study that includes the
following:
i. Size and type of existing and proposed uses or activities on
site;
ii. Rate of parking turnover;
iii. Peak traffic and parking loads to be encountered;
iv. Shared parking reductions reference credible sources such as
Urban Land Institute’s Shared Parking Manual or SmartCode
9.2 Shared Parking Matrix (see above);
v. Availability of on-street or public parking facilities or existing
shared parking lots;
vi. Availability of public transit, bicycle infrastructure, and
pedestrian infrastructure;
vii. Other factors identified by the DRB.
3) Conditional Use Permit Criteria. Before an applicant can receive
Conditional Use Approval, the applicant must demonstrate to the DRB
that the proposed Conditional Use complies with the following SR-
FBOD-specific criteria:
a. The reduction is in harmony with the purpose and intent of the
SR-FBOD;
b. The amount of off-street parking to be provided will be sufficient
to serve the use(s) for which it is intended;
c. The reduction will not create, nor add to, undue congestion or
unsafe traffic situations; and
d. The proposed parking layout and landscaping will be in
conformity with all applicable Zoning Bylaws requirements.
2205.1H Bicycle Parking. To facilitate bicycle use, the following bicycle parking
regulations will apply:
1) Multi-Family Residential Developments. Developments with 5 or
more multi-family units must provide at least one indoor covered
bicycle parking area with space for 5 bicycles for every 5 dwelling
units.
2) Non-Residential Uses. Non-residential uses must provide the
following minimum bicycle parking spaces. A single typical inverted-U
rack or pole rack accommodates 2 bicycles.
a. Up to 10,000 square feet of gross floor area: 4 spaces
b. >10,000 to 30,000 square feet of gross floor area: 10 spaces
c. >30,0000 square feet of gross floor area: 14 spaces
3) Location. Required bicycle parking spaces may be placed on private
property or on a sidewalk along the curb, provided that at least 5
feet of sidewalk remains clear for pedestrian use. Required bicycle
parking must be publicly accessible and located within 100 feet of the
building entrance.
2205.1I Parking Placement and Site Design
1) On-Site Parking Placement. Off-street parking must be located to the
rear of the primary building or a minimum of 5 feet behind the front
wall elevation of the building nearest to the front property line and
street right-of-way. The DRB may require a landscape buffer of at least
5 feet wide to screen parking areas from the street. On-site parking
placement must be provided in accordance with the design standards
and guidelines in FIGURE 2205-N.
2) Parking in Front Yard Area/Non-Residential and Mixed Use. The DRB
may grant conditional use approval waiving the requirement under
Subsection (1) above and permitting parking in the front yard under
the following conditions:
a. Targeted Rehabilitation Site. A project involving the renovation
of an existing building and site where parking currently exists in
front of the building.
b. Teaser Parking. Teaser parking may be allowed in the front yard
of commercial liner buildings proposed in the MUSCD as shown
in FIGURE 2205-P. The teaser parking must be:
i. Located a minimum of 10 feet from the street line;
ii. Landscaped according to the requirements in SECTION
2205.2; and
iii. Not more than one double row of vehicles and associated
parking aisle.
c. Street Side Parking. Parallel or angled parking provided on a
privately-owned lot directly adjacent to the public street right-of-
way in combination with a minimum 5-foot wide planting strip
with street trees planted 40 feet on center, and a 5-foot minimum
concrete sidewalk connecting to abutting lots and to the primary
building on-site. See FIGURE 2205-P.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2205Page XXII-40
FIGURE 2205-N. GENERAL SITE ACCESS, PARKING PLACEMENT AND CONNECTIVITY
Rear Parking Placement with Side Access
General Design Guidelines and Associated Requirements.
The building should be brought forward as close to the street as possible, with parking and other services tucked around the side
and back.
The parking area must be designed in regular, rectangular shapes. Irregular wedge shaped parking areas created by following
angled property lines are discouraged. Only the minimal amount of paved area necessary to meet the requirements should be
provided.
Side Parking Placement with Front and Side Access
A The primary building entry must be placed at the front of the building (facing the front lot line) and be clearly identifiable from the street.
B Parking must be placed at the side or rear of the lot. Where possible, break the parking areas up into groups of no more than 20 spaces per area (35 for large development projects) separated by landscaping
areas.
C Applicant must place as much of the building width at the front of the lot as possible to maximize front facade exposure to the traveling public. The front facade should be kept parallel to the street.
D To reinforce the “street-edge”, align with adjacent buildings which are also close to the front setback line. Landscaping can also be used to reinforce this line.
E Link with adjacent parking lots or provide shared parking areas which can serve neighboring buildings simultaneously.
F Provide sidewalks for the full width of the property with a direct link to the primary building entry.
G Loading docks, service areas and trash facilities must be located at the rear of the building and not visible from the street. Fences, walls or landscaping can be used to shield them from view.
H Existing, older trees must be incorporated into new site plan development whenever possible.
I Curb cuts must be limited to a single driveway in and out of the property from the primary or secondary street unless specifically authorized elsewhere in the SR-FBOD. Secondary access points from side roads
are encouraged. Curb cuts must only be as wide as necessary to accommodate needed lanes. Curb radiuses should be kept to a minimum. Any raised curbing used at site access point must allow for sufficient
stormwater infiltration.
J Landscaped islands and other green space must be consolidated into useful areas, and not just narrow strips of grass or plantings.
K Provide a continuous landscape screen on rear property boundaries that are in residential zoning districts.
L Using the area in front of the building for outdoor activity, seating and display is highly encouraged and the area will not be included for calculation of the minimum required parking spaces.
M Provide supplemental street trees where appropriate to shade the sidewalk or outdoor terraces while providing filtered views of the front façade by traveling motorists
d.
3) Parking Aisle and Space Design. Parking spaces and drive aisles must
meet the dimensional standards presented in FIGURE 2205-Q unless
proposed dimensions are waived per the requirements set forth in
SECTION 2207.5.
4) Special Parking Types and Standards. Each required off-street
parking space must be designed so that any motor vehicle may
proceed to and from the space without requiring the moving of any
other vehicle. Additional parking requirements are provided for below:
a. Compact Cars. Compact car stalls must have the minimum width
of 7.5 feet and length of 15 feet and may be used to satisfy up
to a maximum of 30% of the off-street parking spaces required.
Such spaces must be designated for “Compact Cars Only” by
signs or pavement markings.
b. Parking Spaces Dedicated to Alternative Fuel Vehicles. In each
parking lot or structure containing over 100 parking spaces,
at least 2 spaces within the 10 spaces closest to the primary
entrance to the building must be reserved for electric or hybrid
vehicles, and must have a sign(s) indicating that reservation.
Alternative fuel parking spaces must be placed secondary to any
required ADA parking space(s).
c. Parking for Disabled Persons. See Article XIX Section 1960.3.
d. Stacked Parking. The DRB may grant conditional use approval
for allow valet or stacked parking if an attendant is present to
move vehicles. If stacked parking is used for required parking
spaces, the applicant must file a written guarantee with the town
ensuring that an attendant will always be present when the lot is
in operation. The requirements for minimum or maximum spaces
continue to apply for stacked parking.
e. Valet Parking. Valet spaces do not require individual striping and
may allow tandem or stacked parking of vehicles (see FIGURE
2205-O) Valet parking may be permitted on-site or off-site as a
means of satisfying the applicable off-street parking requirements
where:
i. Adequate assurance of the continued operation of the valet
parking is provided.
ii. An equivalent number of valet spaces are available to replace
the number of required off-street parking spaces.
iii. The design of the valet parking area will not cause queuing
in a vehicular travel lane.
iv. An attendant is provided to park vehicles during business
hours.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2205 Page XXII-41
f. Tandem Parking. The DRB may grant conditional use approval for
tandem parking under the following conditions:
i. Single-family residential projects, multi-family projects, and
the residential component of mixed-use projects.
(a) Tandem spaces must be assigned to the same dwelling
unit.
(b) Tandem parking must not be used to provide guest
parking.
ii. Two parking spaces in tandem must have a combined
minimum dimension of 9 feet in width by 30 feet in length.
iii. Up to 75% of the total off-street parking spaces provided
may incorporate tandem parking.
FIGURE 2205-O. TANDEM PARKING STANDARDS
FIGURE 2205-P. PARKING IN FRONT OF BUILDING
Teaser Parking (in front yard setback)Street Side Parking (in front yard setback)
FIGURE 2205-Q. DIMENSIONAL STANDARDS FOR PARKING SPACES AND AISLES
A B D C E
Parking
Angle
Stall
Width
(ft)
Stall
Length
(ft)
Stall
Overhang
(ft)
Vehicle
Projection
(ft)
Aisle Width
(ft)
Max Width
Curb-to-Curb (ft)
1-way 2-way 1-way 2-way
Parallel 8.0 20.0 0 8.0 12 20 28.0 36.0
45 8.5 12.0 2 18.7 14 24 51.4 61.4
60 8.5 9.8 2 19.8 16 24 55.6 63.6
90 9.0 18.0 2 18.0 20 24 56.0 60.0
Parallel Parking 90° Parking Angle 45° Parking Angle 60° Parking Angle
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2205Page XXII-42
5) Drive-Through Standards. In addition to the standards specified in
SECTION 2202.4F, the following standards apply to drive-through
facilities, where permitted:
a. A bank or pharmacy with a drive-through must provide at least 3
queuing spaces per drive-through lane, measured from the teller
box or window. The number of queuing spaces required for all
other uses will be determined by the AO.
b. Accessory drive-through facilities, including windows, aisles, and
stacking lanes must be behind the build-to-zone.
c. Entrances and exits between the street and drive-through
facilities will be regarded as driveways and must be consistent
with Article XIX.
d. Drive-through facilities must be designed to accommodate an
escape aisle next to the drive-through aisle.
e. Drive-through lanes must be physically separated from parking
spaces.
6) Structured Parking. Parking facilities provided in an enclosed
structure will be subject to the provisions of this section, except for
SECTION 2205.2 (parking lot landscaping). Structured parking may
be connected directly to the primary building and may exceed the
required number of spaces under SECTION 2205.1E if the excess
spaces are offered for lease to surrounding uses within 1500 feet. The
DRB may allow for parking structures, by conditional use permit as per
FIGURE 2202-A and in a manner consistent with SECTION 2202.4G,
as provided for below:
a. Parking Garage Requirements. Parking garages are permitted
to the height allowed in the respective Character District. Parking
garages must be screened from public rights-of-way or, in those
instances where screening is not possible, the parking garage
must be given an architecturally articulated street edge with
clearly defined openings.
b. Basement or Podium Parking Requirements. Podium parking
may be used in those locations where either topography or
density encourages siting parking beneath one or more buildings.
Basement or podium parking must have no more than 25%
reveal along mapped frontages except at vehicular entry points
and must have either buildings or active uses atop the structure,
unless waived by the DRB pursuant to SECTION 2207.5.
c. Tuck-Under Parking Requirements. Tuck-Under parking occurs
in buildings where enclosed parking is desired underneath a
building. Tuck-under parking facilities are not permitted to be
visible from or directly accessible from any street and must be
accessed only from an alley or interior portion of a lot.
2205.1J Parking Lighting Standards. Lighting of parking areas and facilities must
follow standards in SECTION 2205.2 below.
2205.1K Loading Standards. The following standards will apply to loading
docks except where more specifically regulated by Character District
development standards (SECTION 2201.2):
1) The number of loading spaces must follow the requirements of Article
XIX Section 1960.2, unless otherwise approved by the DRB.
2) Loading areas must be located on the same lot occupied by the use
served unless arrangements acceptable to the DRB allow for a shared
loading area by 2 or more lots.
3) Loading activities are not permitted in the public right-of-way.
4) Loading areas must be located to the side or rear of buildings.
5) The loading dock must be located at least 50 feet away and
sufficiently screened from adjacent residential properties.
6) Loading activities must not encroach on or interfere with the use
of on-site sidewalks or other pedestrian paths, bicycle facilities,
driveways, or parking areas.
2205.2 Landscaping, Screening and Lighting Standards
2205.2A Intent. The intent of this section is to enhance the pedestrian environment
and provide buffers where necessary in the SR-FBOD with appropriate
landscape and lighting design. The landscaping requirements of this
section are intended to supersede the requirements under Article XIX
Section 1900.5.B. through D. and apply specifically to the SR-FBOD.
2205.2B Applicability. No Certificate of Occupancy for any activity regulated
by the SR-FBOD will be granted until landscaping and screening have
been provided for in accordance with the requirements of this section,
with consideration given to time of issuance and the optimal planting
season. A Certificate of Occupancy may be issued at the discretion of the
Administrative Officer, who may attach conditions relating to landscaping
and screening. Failure to comply with such conditions will result in the
revocation of the Certificate of Occupancy.
2205.2C Public Street and Frontage Landscaping Requirements. Public frontages
must include street trees planted in a spacing pattern as prescribed in
SECTION 2204.4. Regardless of species, shade canopies must be of a
height that, at maturity, remains predominantly clear of building frontages.
2205.2D Private Frontage Landscaping Requirements
1) Existing Trees. Existing significant trees and shrubs must be preserved
and maintained whenever possible. The DRB will determine if a tree is
significant by considering the tree’s age, size, species, and integration
into the surrounding landscape as part of site plan review.
2) Visibility. Plantings must not obscure site entrance and exit drives,
street intersections, or driver visibility when stopped to enter or exit a
site drive, or impair visibility of front entrances.
3) Non-Residential Lots. Street yard landscape is only required where
the building is setback more than 10 feet, and only in those portions
of the street yard not occupied by pedestrian amenities. Deciduous
canopy trees must constitute the primary required landscaping
element and must be placed so as to maintain relatively clear views
of the ground floor elements including doorways, windows and signs.
Hedges or shrubs planted along the front or side street yard property
line must not exceed a height of 4 feet except when abutting a
protected district.
2205.2E Landscaping Materials. Landscaped areas must contain a mix of trees
and other plants. All landscaping must be maintained and replaced as
necessary.
1) General Provisions
a. Plant materials must be hardy to Zone 4 or Zone 5 in accordance
with the U.S. Department of Agriculture’s Plant Hardiness Zone
Map.
b. Plant materials must be able to survive on natural rainfall once
established with no loss of health.
c. Tree height is measured from the top of the root ball to the tip of
the main stem.
d. Tree caliper is measured at 6 inches above grade.
e. The upper 3 feet of soil within planting areas must be
uncompacted, well-aerated, moist and otherwise suitable
for sustaining healthy trees and plants, consistent with the
requirements of SECTION 2204.4.
2) Shade Trees
a. All shade trees planted to meet the landscaping requirements
must be a locally adapted species with an expected mature
height of 35 feet or greater and an expected mature crown
spread of at least 30 feet or greater. Smaller trees may be
substituted where larger trees would conflict with existing
utilities.
b. Shade trees, other than street trees, planted to meet the
landscaping requirements must have a minimum caliper of 2.5
inches and be at least 10 feet tall at time of planting if deciduous,
or at least 6 feet tall at time of planting if evergreen.
c. Shade trees must be located in a planting area that provides at
least 1,000 cubic feet of uncompacted soil per tree.
3) Understory Trees
a. Understory trees planted to meet the landscaping requirements
must be a locally adapted species with an expected mature
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2205 Page XXII-43
height of at least 15 feet and an expected mature crown spread
of at least 15 feet.
b. Single-stem understory trees planted to meet the landscaping
requirements must have a minimum caliper of 1.5 inches and be
at least 6 feet tall at time of planting if deciduous.
c. Multi-stem or evergreen understory trees planted to meet the
landscaping requirements must be at least 6 feet tall at time of
planting.
d. Understory trees must be located in a planting area that provides
at least 600 cubic feet of uncompacted soil per tree.
2205.2F Parking Area Landscaping Requirements
1) General. Parking area landscape materials must be selected, sized
and installed in accordance with SECTION 2205.2E. Landscaping must
be installed at or below the level of the parking lot surface to allow
for capture of stormwater runoff.
2) Parking Lot Landscaping
a. Sections. Parking areas must be broken into sections not to
exceed 140 cars per section. Sections must be separated by
landscaped buffers to provide visual relief. At a minimum, the
buffers must consist of islands which must be a combination of
“divider islands” and “terminal islands.”
b. Low Impact Development (LID) Practices. Applicants must use
islands for gathering and treating runoff in conjunction with
stormwater best management practices such as swales, vegetated
buffer strips and bioretention areas.
c. Divider Islands. Divider islands must be used to separate rows of
parking.
i. At least 1 landscaped divider island must be provided for
every 4 parallel rows of parking. For parking lots with more
than 2 sections separated by divider islands, pedestrian
walkways connecting the parking area to sidewalks and/
or building entrances must be incorporated into every other
divider island.
ii. A divider island must not be less than 10 feet in any
dimension.
iii. A divider island must be planted with 1 shade tree for every
10 parking stalls and 1 understory tree for every 15 parking
stalls that abut the island.
iv. Shade and understory trees must be planted throughout
each island so that no tree is located more 40 feet (measured
on center) from another.
v. Shrubs, bushes, and other ground cover must be installed on
pervious surfaces and maintained as appropriate.
vi. Trees must not be planted closer than 4 feet to the curbing.
d. Terminal Islands. The following design standards apply to
terminal islands:
i. Landscaped terminal islands must be provided at the ends of
rows of parking where such rows are adjacent to driveways
or vehicular travel lanes.
ii. Terminal islands must separate groups of parking spaces
in a row, such that no continuous line of adjoining spaces
contains more than 25 parking spaces.
iii. Terminal Islands must not be less than 9 feet in any
dimension.
iv. Terminal islands must contain 1 shade tree for each abutting
row of parking spaces.
v. Terminal islands may contain grass, groundcover and
evergreen shrubs. Such vegetation must be planted in a
pattern that does not inhibit visibility by and of pedestrians
and those driving vehicles. Such vegetation must also be
planted in a manner that prevents damage to vegetation due
to pedestrian and vehicular traffic.
e. Alternative Design. The number of contiguous parking spaces in
a row may be increased from 25 to 35 provided that:
i. Divider islands are not less than 15 feet in any dimension,
and the number of shade trees is at least 1 per 7 abutting
parking stalls and the number of understory trees is at least
1 per 10 abutting parking stalls.
ii. Terminal islands are not less than 12 feet in any dimension,
and contain, in addition to 1 shade tree for each abutting
row of parking spaces, at least 1 understory tree.
3) Perimeter Landscaping. The perimeter of all parking areas must be
surrounded by a landscape area as follows:
a. Surface parking areas must provide minimum perimeter
landscaping of at least 5 feet along each side property line, and
be increased to a 20-foot minimum width where adjacent to
existing residential districts.
b. In addition, all parking area perimeters adjacent to any public
street must provide a continuous landscaped area to a minimum
depth of 15 feet. Landscaped berms, hedgerows, shrubbery
or any combination may be used as appropriate to fulfill this
requirement.
c. Trees must be planted at an average distance not to exceed 40
feet on center and aligned parallel 3 to 7 feet behind the property
line.
d. Breaks for pedestrian and vehicle access are allowed.
4) Pervious Materials. Pervious or semi-pervious parking area surfacing
materials, such as pervious asphalt, grass, grasscrete, or ring and grid
systems, are encouraged where ground conditions allow for adequate
infiltration.
5) Protection from Damage. In order to preserve landscaped open space
from damage by parking cars and snow removal operations, bumper
overhang areas must be provided with permeable ground cover
that will not be damaged by bumpers or vehicle drippings and all
landscaped open space must be provided with suitable curbing, which
must contain openings or interruptions to allow infiltration by runoff.
2205.2G Transitional Buffer. The following transitional buffer requirements apply
along perimeter lot lines located: along boundaries between Character
Districts; along boundaries between Character Districts and residential
zoning districts; and as prescribed in FIGURE 2203-A. See FIGURE 2205-R.
1) General Provisions.
a. A required transitional buffer must be located within the outer
perimeter of the lot, parallel to and extending to the property
boundary line and must be provided along the entire frontage
immediately abutting the property line. See FIGURE 2205-S.
b. The width of the buffer strip is determined exclusive of any
required setback; however, the required buffer may be located
wholly or partially within a required setback.
c. The parking of vehicles and the placement of buildings is not
allowed in a required buffer. All required setbacks apply.
d. No building may be located closer than 10 feet to a required
buffer.
e. Breaks for pedestrian and vehicle access are allowed subject to
approval by the Administrative Officer or DRB.
2) Fence. Fences (or, where integral to the design of the project, walls) in
a transitional buffer must meet the following standards:
a. Fences and walls must be constructed of high quality materials
including 1 or a combination of the following: wood, composite
fencing, wrought iron; or other material approved by the DRB.
b. No fence or wall may be located within any required drainage or
utility easement.
3) Landscaping.
a. In the transitional buffer, 50% of required trees must be locally
adapted evergreen species.
b. At least 50% of required shrubs within the buffer must be
evergreen and be of a species that under typical conditions can
be expected to reach a height and spread of 4 feet within 3 years
of planting. All shrubs must be a minimum of 24 inches tall when
planted.
4) Stormwater Management. Applicants are encouraged to use the
transitional buffer for stormwater management, particularly if such
use results in an amenity feature.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2205Page XXII-44
FIGURE 2205-R. TRANSITIONAL BUFFER STANDARDS
A Landscape Buffer Depth (minimum)20 feet
B Fence Height (minimum/maximum)5 feet / 8 feet
C Landscape Buffer Length Entire length of residential property line
Understory trees (minimum per 100 linear feet)4
Shrubs (minimum per 100 linear feet)40
Shrub Height (minimum)3 feet
FIGURE 2205-S. TRANSITIONAL BUFFER PLACEMENT
2205.2H Screening
1) Service Areas
a. Trash collection, trash compaction, recycling collection and
other similar service areas must be located to the side or rear of
buildings and must be screened from view from adjacent property
or public street right-of-way. Where feasible, shared use and
designated areas for trash dumpsters are encouraged.
b. Service areas that are fully integrated into a building must be
screened with a roll-down door or other opaque screen.
c. Service areas that are not integrated into a building must be
screened on 3 sides by a wall or fence at least 6 feet in height
and on the 4th side by a solid gate at least 6 feet in height.
d. The gate and wall or fence must be maintained in good working
order and must remain closed except when trash pick-ups occur.
2) Roof-Mounted Equipment
a. Roof-mounted equipment must be screened from ground-level
view from adjacent property or adjacent public street right-of-
way.
b. New buildings must provide a parapet wall or other architectural
element that screens roof mounted equipment from ground level
view.
3) Wall-Mounted Equipment
a. Wall- mounted equipment cannot be located on any surface that
directly faces a public right-of-way.
b. Wall- mounted equipment located on any surface that is visible
from a public right-of -way must be fully screened by landscaping
or an opaque screen.
4) Ground-Mounted Equipment. Ground-mounted mechanical
equipment that is visible from a public right-of-way (not including an
alley) must be screened from view by landscaping or a fence or wall.
The screening must be of a height equal to or greater than the height
of the mechanical equipment being screened.
2205.2I Fences and Walls. Walls and fences located outside of a required buffer
must meet the following standards:
1) Fences and walls may be placed up to the property line, and any
posts or supporting rails must face inward toward the property being
fenced.
2) A wall or fence located along a front or side street yard property line
cannot be more than 3.5 feet in height. The opacity of the wall or
fence must not exceed 50%.
3) A wall or fence located in the street yard setback and parallel to the
primary building front elevation cannot be more than 4 feet in height.
4) A wall or fence located in a side or rear setback cannot be more than
8 feet in height.
5) Walls must be constructed of high quality materials approved by the
AO or DRB. No wall containing more than 50% exposed standard
concrete masonry block is allowed, whether painted or not.
6) Fences must be constructed of high quality materials approved by the
AO or DRB.
7) No wall or fence may be located within required drainage or utility
easement.
8) Barbed wire or concertina wire is not allowed.
9) Chain-link fences are not allowed in front or side street setback.
2205.2J Lighting Standards. Outdoor site lighting must meet the standards of
Article XIX Section 1975 and primarily be used to provide safety and
secondarily to accent key building and landscape features. Additionally,
light fixtures must be designed as an integral element of site design and
may be expressed through style, material or color.
2205.2K Utilities and Services
1) Utilities. Existing above-ground utility lines must be buried
underground, or moved behind buildings where technically feasible.
New electrical and communication utilities in the SR-FBOD must be
placed underground.
2) Mechanical Utilities. Mechanical equipment must be screened from
view of adjacent properties and public rights-of-way and designed to
be an integral part of the building.
2205.2L Maintenance. The owner or tenant is responsible for maintaining all
required landscaping in good health or condition. Any dead, unhealthy,
deteriorating, broken or missing landscaping must be replaced with
landscaping that conforms to this article within 30 days (or within 180
days where weather concerns would jeopardize the health of plant
materials).
2205.3 Sustainable Design and Development Site Performance
Standards
2205.3A Intent. Sustainable Design and Low Impact Development (LID) techniques
are highly encouraged, and in some cases required, in the SR-FBOD to
achieve low net energy consumption, reduced stormwater runoff and
higher water quality, reduced vehicle miles traveled in the SR-FBOD and
surrounding districts, and support dark night skies, high canopy tree cover,
and production of local food.
2205.3B Stormwater Management
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2205 Page XXII-45
1) Purpose. The purpose of this section is:
a. 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;
b. 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;
c. 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;
d. To reduce the impacts on surface waters from impervious surfaces
such as streets, parking lots, rooftops and other paved surfaces;
and
e. 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.
2) Applicability.
a. These regulations apply to any land development within the SR-
FBOD where one-half acre or more of impervious area exists or
will exist on an applicant’s property or properties making up the
project site.
b. If the combination of new impervious area created and the
redevelopment or substantial reconstruction of existing
impervious surfaces is less than 3,000 square feet, then the
application is exempt from requirements in this section.
c. Applications meeting the criteria set forth in (a) and not exempt
under (b) must meet the requirements in SECTION 2205.3B(3).
i. If the area of the lot (or lots) being redeveloped or
substantially reconstructed is less than 50% of the lot’s
existing impervious area, then only those portions of the lot
that are being redeveloped or substantially reconstructed
must comply with SECTION 2205.3B(3). New impervious
area must meet the requirements of SECTION 2205.3B(3).
ii. If the area of the lot (or lots) that is being redeveloped or
substantially reconstructed exceeds 50% of the lot’s existing
impervious area, then all of the lot’s impervious surfaces
must comply with all parts of SECTION 2205.3B(3). New
impervious area must meet the requirements of SECTION
2205.4B(3).
3) Stormwater Best Practices.
a. The Water Quality Volume (WQv) as defined in the Vermont
Stormwater Management Manual for the lot’s impervious
surfaces must not be allowed to leave the lot via overland runoff,
and must be reused or infiltrated using Low Impact Development
practices, including, but not limited to, practices detailed in
the Shelburne Low Impact Development Guidance Manual. If
it is not possible to infiltrate the volume of stormwater runoff
specified in this section due to one or more of the constraints
listed in Subparagraphs i through vi below, then the WQv must
be retained on the lot using other Low Impact Development
(LID) strategies and practices such as those detailed in the
Shelburne Low Impact Development Guidance Manual or treated
by stormwater treatment practices meeting the Water Quality
Treatment Standard as described in the most recently adopted
version of the Vermont Stormwater Management Manual.
Constraints on infiltration recognized in these regulations include
the following:
i. Seasonally high or shallow groundwater as defined in the
Vermont Stormwater Management Manual;
ii. Shallow bedrock as defined in the Vermont Stormwater
Management Manual;
iii. Soil infiltration rates of less than 0.2 inches per hour;
iv. Contaminated soils;
v. The presence of a “stormwater hotspot” as defined in
Section 2.3 of the Vermont Stormwater Management
Manual;
vi. Other site conditions subject to the review and approval of
the AO.
b. The post-construction peak runoff rate for the 1-year, 24-hour
(2.1 inch) rain event must not exceed the existing peak runoff
rate for the same storm event from the site under existing
conditions prior to submittal of an application. LID practices
must be incorporated into the design as necessary to achieve
the required runoff rate. If constraints prevent the use of LID
practices, stormwater treatment practices detailed in the Vermont
Stormwater Management manual may be used to achieve the
required post construction runoff rate.
2205.3C Sustainable Landscaping and Open Space
1) Natural Landscaping
a. Natural and context-sensitive landscaping with plants native to
local climate and soil conditions are required in the SR-FBOD.
These plants thrive naturally, requiring less maintenance and
irrigation than most hybrid or imported varieties.
b. Natural resource preservation and landscaping should be used
to minimize the need for irrigation systems and improve planting
longevity. Preserving existing wooded areas, mature trees, and
natural terrain can give new developments a premium “mature
landscape” appearance and provide residents with additional
recreational amenities.
c. Plant materials should be selected for their form, color, and
texture, as well as solar, soil, and moisture requirements. It is also
recommended that native plants (vegetation that grows naturally
in particular climates or regions) be used because of their
performance, site enhancement, and life-cycle cost benefits.
2) Canopy and Shade Trees. The broad use of street canopy trees in
the SR-FBOD is a simple and attractive solution to reducing heating
and cooling needs for buildings and sites. SECTION 2204.4 contains
requirements for soil quality and volume that ensure that street
canopy trees, and other newly planted trees in the public realm, can
grow to a size where they provide substantial habitat, stormwater
management, economic, and other benefits. When planted on
the south and west sides of buildings, shade trees keep buildings
cool in summer and then drop their leaves during the cooler fall
season allowing warming sunlight to reach sidewalks and buildings.
Additionally, they create a lush canopy in the warmer months.
3) Infiltration Parks. This form of bioretention allows rainwater to be
temporarily captured and stored for a short time, cleaning stormwater
runoff before infiltration. Portions of public parks and open spaces
may be part of the stormwater system. Surrounding areas can be
graded so that the rainwater flows towards the parks. Creating a
gradual and imperceptible depression allows water to collect in the
park and stay there long enough to infiltrate without giving the
appearance of a stormwater facility. The depression should store water
for no more than 24 hours.
2205.3D Building Applications. All buildings in the SR-FBOD should strive to
achieve a goal of zero net energy through best practices in design and
construction practices such as governed by the Energy Star Program or the
U.S. Green Building Council LEED Rating System. Some specific methods
are as follows:
1) Solar Orientation and Utilization. The use of solar thermal and
solar photovoltaic techniques in the SR-FBOD is highly encouraged.
Massing of buildings should be considerate of solar access to
neighboring properties, particularly allowing sun during winter to
properties immediately to the north.
a. Whenever possible buildings should be of a size and orientation
to minimize the blocking of sunlight on public spaces such as
sidewalks.
b. Windows should be oriented to make the best use of passive
solar heating.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2205Page XXII-46
c. The primary roof plane should face as close to solar south as
possible, to allow for installation or retrofit with solar panels.
d. Gable roofs and shorter buildings may be more appropriate
on the south sides of a street while gable end roofs and taller
buildings may be more suited for the north side.
e. Solar powered lighting should be used where feasible.
2) Other Sustainable Building Design Techniques. There are many more
opportunities to improve thermal envelope energy efficiency and use
materials and equipment that reduce energy consumption in the SR-
FBOD such as the following:
a. Natural cooling through appropriate glazing, shading of glazed
surfaces, and operable windows.
b. Daylighting (using natural light as the primary source of general
illumination).
c. Heat reflective roofs and pavement.
d. Wind power systems and roof-mounted solar energy generation.
e. Groundsource heat exchange (closed system geothermal energy).
f. On-site biomass use for energy production.
g. Renewable energy for heat and cooling
h. Combined heat and power systems.
i. Green walls and green blocks.
j. Increased insulation (e.g., R-26 and triple-glazed windows).
k. Energy Star rated appliances.
l. EcoStar or shared recycling programs.
m. Dual-flush toilets and waterless urinals.
n. Ultra-efficient heat and hot water systems.
o. Open and simple floor plans (i.e. square and cubes).
p. Improved building air seal (i.e. taped sheathing).
q. Graywater systems.
2205.3E Local Food Production. To address sustainability issues such as open
space conservation, self-sufficiency, improved nutrition, recreation,
exercise, and reduced food expenses, the Town of Shelburne encourages
small-scale agriculture to strengthen the local food system. Some
techniques applicable in the SR-FBOD include the following:
1) Community Gardens. A private, not for profit, or public common area
used by a group of households to grow and harvest food crops or
non-food crops for personal or group consumption or donation.
2) Edible Landscapes. The utilization of plants and landscaping that
produce edible food in settings that conventionally have been limited
to ornamental or non-food producing plants.
2205.4 Signage Standards
2205.4A Applicability. In the case of a conflict between this section and other
requirements pertaining to commercial signage in the zoning bylaw,
including in Section 1970, the requirements specifically set forth in this
article will prevail. Noncommercial signage will be regulated under the
provisions of Section 1970.
2205.4B Intent. Within the SR-FBOD, signs should be clear and informative to
the public, weather well, and be of a size, location, and form that fit the
context of a given Character District. For example, signs within pedestrian-
oriented neighborhood centers with slow-moving automobile traffic will
differ fundamentally from other Character Districts. The further intent of
these sign design regulations is to accomplish the following:
1) Establish clear and improved standards for business identification.
2) Assist property owners and business owners in understanding signage
expectations.
3) Encourage creative and innovative approaches to signage within an
established framework.
4) Promote commerce, vitality, identification and civic pride.
5) Reduce sign “clutter” and unappealing appearances due to non-
contextual design and low quality materials.
2205.4C Sign Types. Sign types and dimensional controls are specific to individual
Character Districts and are set forth in FIGURE 2205-T. A sign type not
specifically identified will be construed as prohibited.
2205.4D General Standards. All new signs, replacement signs, and modifications to
existing signs must comply with the general standards stated.
1) Signs may not be changed or installed until the AO, and if necessary
the DRB, has approved the sign and a building permit (if applicable)
has been issued.
2) All signs should be architecturally integrated with their surroundings
in terms of size, shape, color texture, and lighting so that they
complement the overall design of the buildings.
3) Signs should reflect the character of the building and its use.
4) Signs should respect the immediate context of the building’s location
and the overall character of the district
5) Signs should enhance the primary design elements or unique
architectural features of buildings.
6) Signs should be designed with the purpose of promoting retail and
street activity while enhancing the pedestrian experience.
7) The size of a sign and its letters should be in scale with the façade
and the sign should be located in a “signable area” which relate to
the pattern of the facade.
8) The number of signs per building facade should be limited to the
fewest necessary to clearly identify businesses located within.
9) The layout and shape of the architectural features of the building
must be considered when determining the size and location of a sign.
10) Sign messages must be designed to fit properly into the sign location.
Modifications to logos and corporate identifiers may be required to fit
attractively in the space provided.
11) All signs are to be maintained properly such that they are always in
clean, working condition and the copy is not obscured or damaged.
12) New signs proposed for existing buildings must, where the applicant
has opted to use the SR-FBOD, be required to meet the requirements
of this section. Where existing signage will remain on buildings,
proposed signs should be compatible in appearance with the existing
signage in terms of size, color and general design.
2205.4E Design and Material Standards. All new signs, replacement signs, and
modifications to existing signs must comply with the design and materials
standards stated below.
1) Exterior materials, finishes, and colors must be the same or similar to
those of the building or structures on site.
2) Signs should be professionally constructed using high-quality
materials such as metal, stone, hard wood, brass-plated, and exposed
neon.
3) Internally lit plastic letters, plastic box signs, or any other signs made
of such materials are prohibited.
4) The colors and lettering styles should complement the building facade
and harmonize with neighboring businesses.
5) The design and alignment of signs on multiple use buildings should
complement each other such that a unified appearance is achieved.
2205.4F Permitted Signs by Character District. FIGURE 2205-T below identifies
the sign types permitted in the SR-FBOD.
2205.4G Prohibited Sign Types. Unless specifically permitted by Character District
development standards, the following sign types are prohibited for the
SR-FBOD:
1) Signs which move or give the appearance of moving, including
pennants, streamers, string pennants, “garrison” size flags, and
all other signs which flutter, undulate, swing, rotate, oscillate, or
otherwise move by natural or artificial means.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2205 Page XXII-47
FIGURE 2205-T. PERMITTED SIGN TYPES
1. WALL SIGNS2. BLADE SIGNS3. FREE-STANDING, MONUMENT AND POLE SIGNS4. CHANNEL LETTER SIGNS5. AWNING SIGNS6. SANDWICH BOARD SIGNS7. CONSTRUCTION SIGNS8. FOR SALE, RENT OR LEASE SIGNS9. NON-COMMERCIAL AND POLITICAL SIGNS10. SPECIAL EVENT SIGNS11. VEHICULAR ENTRANCE, EXIT AND DIRECTIONAL SIGNS12. WAYFINDING SIGNS13. BANNER SIGNSSIGNS14. WINDOW SIGNS15. TENANT DIRECTORY SIGNSMixed Use Street (MUSCD)
Mixed Use Neighborhood (MUNCD)
Business Campus (BCCD)
Green Corridor (GCCD)
Special Uses (SUCD)
Mixed Residential (MRCD)
Conservation (CCD)
Permitted in Character District Permitted in Character District with Conditional Use Approval
2) Signs and lighting which imitate, obstruct or cause confusion with
official traffic signs, signals or markings, or emergency vehicle lighting.
This does not include signs accessory to parking lots or driveways.
3) Signs placed on or affixed to a parked vehicle or trailer where the
apparent purpose is to advertise a product or direct people to a
business. Mobile food vendors permitted by the town are excluded
from this provision.
4) Signs advertising or identifying a business or organization that is
either defunct or no longer located on the premises.
5) Electronic multiple message boards or screens.
6) Off-premise signs.
7) Devices other than a sign used to draw attention such as “dancing air
men” or “inflatable figures.”
8) Any signs that blink or flash.
9) Any other sign not specifically authorized by this section.
2205.4H Exempt Signs. The following are exempt from the SR-FBOD regulation:
1) Flags bearing the officially adopted design of a nation, state, or
political subdivision of a state. Flags must not exceed 30 square feet
in area.
2) Signs on storefronts displaying hours of operation or menus, not to
exceed 1 square foot.
3) Historic or interpretive plaques.
4) Banner signs, wayfinding signs, gateway sign, public art and other
treatments which are located within the street right-of-way that are
properly permitted by the public entity with jurisdiction over the street.
2205.4I Type Standards. FIGURE 2205-U establishes the standards for specific
types of signs.
2205.4J Special Signs
1) Construction Signs. These signs must be no larger than 12 square
feet and may remain up only while structure is under construction and
no longer than a 1-year period.
2) For Sale, Rent, or Lease Signs. These signs must be no larger than 8
square feet and may remain up no longer than a 1-year period.
3) Non-Commercial and Political Signs. Non-commercial and political
signs are subject to existing standards in Article XIX Section 1970.
4) Special Event Signs. Special event signs are governed by Article XIX
section 1970.3 of the Shelburne Zoning Bylaws.
5) Vehicular Entrance, Exit, and Directional Signs. Vehicular entrance,
exit, and directional signs must be free-standing or wall-mounted,
without logos or commercial type, and are limited to 4 square feet in
area and 3 feet in height if free-standing.
6) Banners. Banners not located within public rights-of-way must comply
with the following:
a. When permitted, banner signs must hang from projecting metal
brackets of a size and design appropriate to the banner and the
character of the district.
b. Banner signs must be mounted perpendicular to the supporting
pole at both the top and bottom.
c. Free-standing banners are not permitted.
2205.4K Illumination Standards. In addition to all illumination methods and
standards specified for each sign type in the Character District and in
Article XIX Section 1970, the following general standards apply:
1) Illumination should be integrated into the building facade, sign, or
ground. Conduit and junction boxes should be concealed from public
view. Light fixtures should be positioned to not obscure the sign’s
message and graphics.
2) The light source must be shielded from view to prevent glare and
overspill of light. This requirement is not intended to preclude the use
of creative exposed lighting.
3) Only downcast lighting (as opposed to up-lighting) of signs is
permitted.
4) Awnings and canopies must not be up-lit or internally illuminated.
5) With the exception of neon signs, the brightness of a sign must not
exceed the foot-candles requirements in Article XIX Section 1970.
6) The use of light-emitting diodes (LED) and other energy-efficient
illumination methods are encouraged. Neon lighting and tubing may
be used as lettering or logos on permitted signs, but must not be used
to outline buildings, architectural elements, or ornamental features.
7) Signs that contain or are illuminated by flashing, blinking, running,
scrolling, traveling, animated, or intermittent lighting, or are designed
to attract attention by a change in lighting intensity are prohibited.
8) Signs that contain or are illuminated by electronic message boards or
screens are prohibited.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2205Page XXII-48
FIGURE 2205-U. SIGN STANDARDS AND CHARACTER EXAMPLES
WALL SIGNS BLADE SIGNS FREESTANDING, MONUMENT AND POLE SIGNS
Character Examples
Standards. Wall signs are only permitted below the second floor windows of a multi-
story building, or below the cornice line of a single story building, within a horizontal
band not to exceed 2.5 feet in height. In no case may this band be higher than 24
feet above the adjacent sidewalk. Wall signs must not obstruct the light into or vision
to or from a window or door. In addition, wall signs:
1) Should be located on the upper portion of the storefront, within or just above
the enframed storefront opening. The length of the sign must not exceed the
width of the enframed storefront.
2) Must be placed within a clear signable area. Signable areas are defined as an
architecturally continuous wall surface uninterrupted by doors, windows or
architectural detail.
3) The area of the sign must not exceed 15% of the area of the building facade
(the exterior walls of a building exposed to public view).
4) Must be mounted in locations that respect the design of a building, including
the arrangement of bays and openings.
5) Must not obscure windows, grillwork, piers, pilasters, and ornamental features.
Typically, wall signs should be centered on horizontal surfaces (i.e., over a
storefront opening).
6) Must be designed to be compatible with the storefront in scale and proportions.
7) Should be designed to create a clearly defined edge, provide shadow relief, and
a substantial appearance. This effect is generally difficult to achieve by painting
the sign directly on the building. For this reason, painted signs are discouraged.
Character Examples
Standards. Blade signs must provide a minimum of 8 feet clear height above the
sidewalk, and are to be hung from the front facade below the second floor windows
of a multi-story building, or below the cornice line of a single story building. Blade
signs must not extend more than 6 feet from the facade. Three-dimensional icon
forms meeting these standards may be substituted for traditional flat blade signs. In
addition, blade signs:
1) Should be carefully designed to reflect the character of each building and
business as well as fitting comfortably with other adjacent signage.
2) Must not be mounted above the second floor window-sill in multi-storied
buildings.
3) Should incorporate visually interesting design elements such as square or
rectangular shapes with painted or applied letters, 2- or 3 dimensional
symbols or icons, irregular outlines, and/or internal cut-outs.
Character Examples
Standards. Freestanding signs, monument signs and pole signs must be located and
sized according to Character District standards. Freestanding signs, monument signs
and pole signs must not be placed to interfere with pedestrian movement or vehicular
movement or sight lines. In addition, Freestanding signs, monument signs and pole
signs:
1) Must not overhang public property and must be supported by 2 columns,
uprights, or have a solid footing in or upon the ground.
2) Should be constructed out of materials that complement the building structure
and its use.
3) Should be designed with features that complement the architectural lines of
the building, especially with respect to the top of the sign.
4) Should express high quality construction through design of the structure and
the text.
5) Should be composed of individual lettering that is consistent with the image
of the business.
6) Must be illuminated either by external fixtures designed to complement the
appearance of the sign or internally illuminated such that only text and logos
illuminate. Opaque backgrounds are required and must be of a non- reflective
material.
7) Must not exceed a maximum height of 8 feet, inclusive of the sign base.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2206 Page XXII-49
FIGURE 2205-U. SIGN STANDARDS AND CHARACTER EXAMPLES (con’t)
CHANNEL LETTER SIGNS AWNING SIGNS SANDWICH BOARD SIGNS
Character Examples
Standards. Letters and symbols in a channel letter sign must not exceed 6 inches in
relief, and may be constructed with up to 2 inch standoffs to allow for reverse-lit/
halo-lit illumination.
Character Examples
Standards. Signs on awnings must appear on either the angled portion or vertical
valance portion of the awning, but not both. Awning signs are not permitted on
upper floors unless the floor contains a publicly accessible business use. Open-ended
awnings are preferred. In addition, awning signs:
1) Must be designed so that the sign lettering and/or the logo comprise no more
than 30% of the total exterior surface of an awning.
2) Must be located on awnings that are permanently attached to buildings.
3) Must be located on awnings that are not less than 8 feet from the lowest
point to the sidewalk.
4) Must be located on awnings that are mounted on the horizontal framing
element separating the storefront window from the transom (a crosspiece
separating a doorway from a window).
5) Must be located on awnings designed to project over individual window and
door openings and not project as a single continuous feature extending over
masonry piers or arches.
6) Must be located on awnings mounted on the wood or metal framing within a
door or window opening, not on the wall surrounding the opening.
Character Examples
Standards. Sandwich board signs are designed to stand on their own, either on
public or private property. Such signs are portable and are usually placed along public
sidewalks to attract pedestrians into shopping areas. Sandwich board signs must be
no larger than 6 square feet per face. Only 1 sandwich board sign will be allowed per
ground floor business. In addition, sandwich board signs:
1) Are allowed for daily use and must not be located within the ROW.
2) Must be constructed using one of the following durable materials: wooden
or metal signs suspended from a wire frame, wooden A-Frame signs with
open bases, or shaped silhouette signs made of plywood, metal, or similar
wood-like material that can withstand various weather conditions. Glass,
breakable materials, paper, laminated paper, vinyl, plastic, PVC pipe frames, or
illumination are not permitted materials for sandwich board signs.
3) Must be uncluttered, with a minimum of text. Logos and graphics are
encouraged.
4) Must not be permanently affixed to any object, structure, or the ground.
5) May contain one area not larger than 1 square foot in size, with small text.
The remainder of the sign lettering must be between 2-4 inches high.
6) Must clearly exhibit the business name on it. A logo is encouraged.
7) That are rectangular must have an open base, either through wooden cut-outs
or legs.
8) That incorporate a chalk-board or marker-board front are permitted to easily
change information but the sign must have a permanent business name
exhibited (logos are encouraged). No plastic or similar, changeable lettering is
permitted.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2206Page XXII-50
FIGURE 2205-U. SIGN STANDARDS AND CHARACTER EXAMPLES (con’t)
WINDOW SIGNS TENANT DIRECTORY SIGNS WAYFINDING SIGNS
Character Examples
Standards. Where allowed, window signs:
1) Must not exceed 15% of the window area so that visibility into and out of the
window is not obscured.
2) Must not include sign copy that exceeds 8 inches in height.
3) Must be applied directly to glazed area.
4) Must be created from high-quality materials such as paint, gold-leaf, or neon.
Appropriate techniques for window signs include sandblasting or etched glass.
Character Examples
Standards. Tenant directory signs:
1) Must be mounted flat against a solid wall or incorporated into a freestanding
sign located on the property on which the tenants are located.
2) May include the following in the sign copy: building or project name, project
logo, address, business tenant names, and suite numbers or letters. The letter
size of the building name, project name, or logo encompassed in a tenant
directory sign must not exceed 6 inches in height. All other copy must not
exceed 4 inches in height.
3) Must be constructed out of materials that complement both the building
structure and its use.
[RESERVED]
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2206 Page XXII-51
2206.1F Reconstruction. A damaged pre-existing structure not listed in FIGURE
2206-A may be reconstructed if it meets the standards of Section 1920.
Otherwise, any reconstruction will be subject to SECTION 2207.6 and
FIGURE 2204-L and, when involving a historic structure listed in FIGURE
2206-A, will also require review under SECTION 2206.2A.
2206.1G Pre-Existing Signs. Alteration of a pre-existing sign will be subject to
SECTION 2207.5.
2206.1H Pre-Existing Parking, Driveway, and Loading Areas. For property
owners that have opted to use the SR-FBOD standards under this article,
parking, driveway, drive-through, and loading areas must be brought into
conformity per SECTION 2207.6 and FIGURE 2204-L.
2206.1I Pre-Existing Parking Lots. An existing parking lot may be renovated,
resurfaced or repaired without coming into conformance with SECTION
2205.2F, including the paving of gravel parking lots, provided that there
is no increase in the size of the parking lot. If the area of an existing
parking lot will be increased not more than 25%, only the additional
area will need to meet the landscaping standards of SECTION 2205.2F.
If the area of an existing parking lot will be increased by more than 25%,
the entire parking lot will need to meet the landscaping standards of
SECTION 2205.2F. Compliance with the Stormwater Management
requierements contained in Section 2205.3B is strongly encouraged.
2206.1J Prior Development Approvals. Applicants may seek to amend prior
development approvals in accordance with SECTION 2206.3.
2206.2 Historic Structures
2206.2A Alteration, Addition, or Expansion. Proposals to alter, add to, or expand
structures listed in FIGURE 2206-A will be reviewed under the following:
1) Required Application Materials. To apply for approval an applicant
must prepare and submit the following:
a. Narrative describing how proposal conforms to criteria in
SECTION 2206.2A;
b. Elevations drawings of existing structure, including architectural
details such as trim and molding;
c. Drawings of new structures or changes to existing structures,
where changes are clearly identified;
d. A description and samples of all materials to be used on the
exterior of any structure;
e. Accurate representations or samples of all colors to be used on
the exterior of any structure;
f. A plot plan showing existing building footprints and proposed
footprints along with landscaping information;
g. Current photos showing the site and affected structures, all four
sides; and
2206 PREVIOUSLY DEVELOPED SITES
2206.1 Pre-Existing Uses, Structures, and Sites
2206.1A General. Uses, structures, architectural elements, signs, and parking facilities
in existence prior to the effective date of ARTICLE XXII, but which do not
conform to the provisions of ARTICLE XXII, may continue to be used so
long as they remain otherwise lawful, subject to the provisions below.
Nothing contained in this section will be construed so as to allow for the
continuation or alteration of structures or uses that were not in compliance
with applicable ordinances and laws at the time the structure was
constructed or the use begun.
2206.1B Ordinary Repair and Maintenance. Normal maintenance, repairs, and
installation or relocation of non-bearing walls may be performed on non-
conforming structure or structure that is devoted in whole or in part to a
non-conforming use.
2206.1C Discontinuance and Re-Establishment of a Pre-Existing Use. A pre-
existing use that has been discontinued or abandoned will be subject to the
requirements of Article XIX Section 1920.1.B.
2206.1D Alterations. A pre-existing structure may be altered (not including
reconstruction, addition, or expansion), provided that such alteration will
not create an additional non-conformity or increase the degree of the
existing non-conformity of all or any part of such structure. Alterations will
be subject to requirements specified in SECTION 2207.6 and FIGURE 2204-
L. In addition, any and all alterations to historic structures listed in FIGURE
2206-A will also require review under SECTION 2206.2A.
2206.1E Addition or Expansion
1) Historic Structures. Additions to or expansions of any structures listed
in FIGURE 2206-A will also require review under SECTION 2206.2A.
2) Single and Two-Family Uses and Structures. An addition or expansion
(increase in size, footprint, or height) of a non-conforming single-family
or two-family structure must follow the requirements of Section 1920.
3) Multi-Family and Non-Residential Uses and Structures. An addition
or expansion (increase in size, footprint, or height) of a pre-existing
and non-conforming multi-family, mixed use, or non-residential use or
building will require a conditional use permit from the DRB. In addition
to the relevant findings necessary for approval under Section 1920, the
DRB must find that:
a. The proposed changes will support or at least not be more
detrimental to the general purpose and intent of the SR-FBOD and
the goals for the specific Character District (SECTION 2201.2).
b. The proposed changes will conform to the standards as required by
SECTION 2207.6 and FIGURE 2204-L.
h. Lighting fixtures, bulb type, wattage, and direction of light.
2) Procedure
a. Applications will be received by the Shelburne Planning and
Zoning Office and directed to the Administrative Officer, who will,
when the application is deemed complete, schedule a meeting
of the Historic Preservation and Design Review Commission
within 15 days of receipt of the application. The applicant or the
applicant’s representative must attend the meeting.
b. A decision regarding the proposal’s conformance with the review
criteria below must be made by the Administrative Officer,
following consultation with the Historic Preservation and Design
Review Commission, within 30 days of receipt of the application.
At the request of the applicant, the 30-day deadline may be
waived.
3) Review Criteria. In making an evaluation of an application, the
Administrative Officer and the Historic Preservation and Design
Review Commission each will give consideration to the criteria
set forth in paragraphs 1550.1-1550.6 of the Shelburne Zoning
Bylaw. Before granting any approval, the Administrative Officer must
determine that:
a. The scale and general size of the proposal is compatible with
listed historic buildings, where compatibility is established
through consistency in building height, width, street frontage,
number of stories, roof type, facade opening (window, door, etc.)
and architectural details;
b. The proposed exterior design is compatible with listed historic
buildings, where compatibility is established through consistency
in arrangement, orientation, texture, and material type; and
c. The proposal will not make the structure ineligible for listing on
the National Register.
2206.2B Density Bonuses. Development proposals on historic properties listed
in FIGURE 2206-A will be eligible for density bonuses as specified in
FIGURE 2206-B when the projects retain and do not alter any listed
historic structures or, if such structure is altered, the alteration is approved
pursuant to Section 2206.2A. Density bonuses may not be expanded
through the merger of lots.
2206.2C Density Reductions. Development proposals on historic properties listed
in FIGURE 2206-A will be subject to density reductions as specified in
FIGURE 2206-B when:
1) Any listed historic structure or structures on the property has been
neglected, altered or demolished (more than 5 years prior to the
application) so it is no longer eligible for listing on the National
Register; or
2) A property owner demolishes or allows to be demolished any historic
structure listed in FIGURE 2206-A within 5 years prior to filing an
application under this SR-FBOD.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2206Page XXII-52
FIGURE 2206-A. SIGNIFICANT HISTORIC LANDMARK STRUCTURES IN THE SR-FBOD
ADDRESS PARCEL ID DESCRIPTION ACRES HISTORIC / CULTURAL SIGNIFICANCE
1 2517 Shelburne Rd 20-50-13.000 Spear house 1804 2.04 Listed on the State Register. Despite some 20th century alteration to the façade fenestration, the house is an excellent example of the Federal Style. The house was built for Elhanan Spear and has an outstanding
central doorway. Building constructed in early settlement/post-revolutionary period when Shelburne Road was established by Benjamin Harrington to connect Middlebury and Burlington in the late 18th century.
Large tracts of land were under cultivation by the early settlers of Shelburne. Spear and Blin(n) families owned most of the land along Route 7 all the way west to Spear Street.
2 2384 Shelburne Rd 23-50-11.000 Angolano building c. 1945 0.32 Spanish Colonial Revival style house. Unique architectural style for rural/suburban New England.
3 3038 Shelburne Rd 23-50-46.000 Blinn house c. 1810 7.27 Listed on the State Register. Originally built as a tavern, the Blin House is an excellent example of the Federal style with elegant features including dentil indentation along the cornice, semi-circular fanlights in the
gables, and fluted pilasters flanking the central front entry. There is a later addition to the north of the house, but this addition, though unfortunate, does not disqualify the building for listing on the State register or
eligibility for the National Register. As with Spear House, building constructed in early settlement/Post Revolutionary period.
4 3455 Shelburne Rd 26-50-14.000 Monroe / White estate c. 1940 10.20 Listed on the State Register as part of the Monroe property. This is the only remaining building on what was known as the Monroe farm. The house is a well preserved bungalow style house.
5 3689 Shelburne Rd 26-50-16.000 House and barn c. 1930 1.00 Excellent example of a vernacular Colonial Revival.
6 3725-33 Shelburne
Rd
26-50-17.000 Rowley/Foreman house with barn c. 1885 2.68 Rowley/Forman House – ca. 1885. Listed of the State Register. The Rowley House is one of Shelburne’s finest examples of the Queen Anne Style having elaborate details similar to the Van Vliet House in the Village.
The attached barn is notable in its own right. Constructed in post Civil War period, when after a period of economic decline, Shelburne experienced a “growth spurt”. A combination of the growth in dairy farming,
the railroad, and the employment needed on the Webb Estate, fueled building throughout the town.
7 3871 Shelburne Rd 26-50-21.100 Farrell/Precourt house and barn 4.19 Ca. mid-19th with significant addition ca. 1900. This farmstead has undergone several changes through the years. This house was probably built as a Federal style house; over many years, the house was updated
and additions added. Now the house has the appearance of a late vernacular Queen Anne style. Not all of the structures on the site have historical significance; however, the main house and the one small barn are
important to the streetscape and have the typical form and details of the turn-of-the -century vernacular Shelburne farmhouse. As with Rowley/Foreman house, constructed in post Civil War period.
8 4180 Shelburne Rd 28-50-04.000 Northerly house (c. 1940) & barn (c.1900) at Rice Lumber 1.46 Complex listed on the State Register. The two houses are excellent examples of central entry Colonial Revival Houses. The buildings sit nicely close to the road and make a very appropriate visual impact as you drive
south into the Village. 9 4190 Shelburne Rd 28-50-05.000 Southerly house at Rice Lumber c. 1940 0.76
10 4309 Shelburne Rd 29-50-62.100 Dutch Mill Restaurant 3.86 4309 Shelburne Rd. - Windmill Motor Court (Main Building) - 1928. Listed on the State Register. Built by the bootlegger Clyde Irwin, the Windmill Motor Court is known as the first motor court in Vermont and some
believe the first in New England. Only one of the cabins remains; the cabins were arranged in a semi-circle around the main Windmill building. The building was erected during what is known as The Auto Age, when
average Americans ventured out on the roads to experience the natural beauty of our country. Lake Champlain and the towns along its shores became favorite family-friendly vacation spots and Shelburne became a
tourist town. Unfortunately, many of Shelburne’s motor lodges and quirky highway architecture are not preserved, and the ca. 1950s motels have been altered, losing their original streamline design.
FIGURE 2206-B. DENSITY BONUSES AND REDUCTIONS FOR PROPERTIES LISTED IN FIGURE 2206-A
1. DETACHED HOUSE 2. TOWNHOUSE
3. MULTI-FAMILY
BUILDING
4. COTTAGE AND
COTTAGE COURTS 5. LIVE-WORK UNIT
6. MIXED-USE
STOREFRONT
7. COMMERCIAL
LINER BUILDING
8. TECH SHOP
BUILDING
9. FLEX
COMMERCIAL /
INDUSTRIAL BLDG
10. GENERAL
MULTI-PURPOSE
BUILDING
11. CIVIC
BUILDING
DENSITY BONUSES
LOTS 2.0 ACRES OR LESS NOT LOCATED IN GCCD
Minimum Lot Area Standard 1-Family DU: 3,800 sf
(including an ADU)
2-Family DU: 5,000 sf
Per DU: 1,100 sf
Site: 8,000 sf
First 3 DUs: 5,800 sf
Each additional DU:
1,550 sf
Per DU: 925 sf
Courtyard Area: 2,300 sf
Courtyard Area per DU: 460 sf
1-Family DU: 1,080 sf 3,850 sf 3,850 sf 5,800 sf 5,800 sf 5,800 sf 3,850 sf
LOTS >2.0 ACRES NOT LOCATED IN GCCD
Minimum Lot Area Standard 1-Family DU: 4,350 sf
(including an ADU)
2-Family DU: 6,525 sf
Per DU: 1,220 sf
Site: 8,700 sf
First 3 DUs: 6,525 sf
Each additional DU:
1,750 sf
Per DU: 1,050 sf
Courtyard Area: 2,610 sf
Courtyard Area per DU: 525 sf
1-Family DU: 1,220 sf 4,350 sf 3,850 sf 6,525 sf 6,525 sf 6,525 sf 4,350 sf
LOTS LOCATED IN GCCD
Minimum Lot Area Standard 1-Family DU: 4,550 sf
(including an ADU)
2-Family DU: 6,820 sf
Per DU: 1,275 sf
Site: 9,100 sf
First 3 DUs: 6,820 sf
Each additional DU:
1,825 sf
Per DU: 1,100 sf
Courtyard Area: 2,730 sf
Courtyard Area per DU: 545 sf
1-Family DU: 1,275 sf 4,550 sf 3,850 sf 6,820 sf 6,820 sf 6,820 sf 6,820 sf
DENSITY REDUCTIONS
LOSS OF HISTORIC LISTING ELIGIBILITY
Minimum Lot Area Standard 1-Family DU: 6,250 sf
(including an ADU)
2-Family DU: 9,375 sf
Per DU: 1,750 sf
Site: 12,500 sf
First 3 DUs: 9,375 sf
Each additional DU:
2,500 sf
Per DU: 1,500 sf
Courtyard Area: 3,750 sf
Courtyard Area per DU: 740 sf
1-Family DU: 1,750 sf 6,250 sf 6,250 sf 9,375 sf 9,375 sf 9,375 sf 6,250 sf
DEMOLITION WITHIN PRIOR 5 YEARS
Minimum Lot Area Standard 1-Family DU: 15,000 sf
(including an ADU)
2-Family DU: 20,000 sf
Per DU: 10,000 sf
Site: 20,000 sf
Per DU: 10,000 sf Per DU: 10,000 sf
Courtyard Area: 5,000 sf
Courtyard Area per DU: 1,000 sf
1-Family DU: 10,000 sf 20,000 sf 20,000 sf 20,000 sf 20,000 sf 20,000 sf 20,000 sf
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2206 Page XXII-53
2206.2D Demolition. Approval by the Development Review Board is required before
any historic structure in FIGURE 2206-A may be demolished as follows:
1) Applications. Upon submission of a complete application for the
demolition of a historic structure listed in FIGURE 2206-A, the
Planning and Zoning Department will initiate review of the request
by providing notifications and scheduling discussion of the request at
a meeting of the Shelburne Historic Preservation and Design Review
Commission within 30 days.
2) Review by Historic Preservation and Design Review Commission.
The SHPDRC will meet and review applications for demolition under
the criteria established below. Within 15 days after completion of
the SHPDRC review, the SHPDRC will forward a written report and
recommendation to the Development Review Board. The report will
describe whether the proposed demolition satisfies the criteria below,
and may include alternatives to demolition or removal of the structure.
3) Review by Development Review Board. Upon receipt of a written
report from the SHPDRC, the Development Review Board will meet
and review applications for demolition under the criteria established
below and will review the SHPDRC’s recommendation. The Board
must render a decision within 45 days of the conclusion of the
meeting at which the application is considered.
4) Criteria. When considering a proposal to demolish a structure
identified n FIGURE 2206-A, a reviewing body may approve, or in the
case of the SHPDRC it may recommend approval of, the proposed
demolition if it finds that the applicant demonstrates that:
a. Either:
i. The structure proposed for demolition has deteriorated for
reasons other than intentional neglect to the degree that no
feasible alternative to demolition, including rehabilitation,
preservation, or relocation, exists; or
ii. The proposed redevelopment of the site after the demolition
will provide a clear and substantial benefit to the community
as a whole.
b. All historically and architecturally important design features,
construction techniques, examples of craftsmanship, and
materials, have been properly documented using applicable
standards of the Historic American Building Survey and made
available to historians, architectural historians, and others
interested in Shelburne’s architectural history.
5) Damaged Structures. If a structure for which demolition has been
proposed has been damaged in excess of 70 percent of its assessed
value due to flood, fire, wind, or other act of God, permission for the
demolition may be granted by the Administrative Officer, without prior
review by the SHPDRC or Development Review Board. It is the burden
of the applicant to demonstrate that this requirement is met before
the Administrative Officer may act.
2206.3 Prior Development Approvals
2206.3A Applicability. An applicant may propose to redevelop a site with existing
site plan, conditional use and/or PUD approvals under the provisions of
this article.
2206.3B Effect. An approval for redevelopment under the provisions of this article
will supersede and replace any previously issued approvals.
2206.3C Density. An applicant may propose redevelopment of a previously
developed site that would increase the density of development on the
site subject to site plan and/or conditional use approval as applicable. The
applicant must demonstrate the existing development proposed to remain
on the site (as calculated based on the formulas below) and the additional
development proposed will not exceed the maximum allowed under
the provisions of this article taking into account any density bonuses or
reductions under FIGURE 2206-B.
1) Residential. The density of existing residential development proposed
to remain on the site will be calculated based on the minimum lot
area requirements per dwelling unit for the existing building type(s) as
shown in FIGURE 2203-C through FIGURE 2203-M.
2) Nonresidential. The density of existing nonresidential development
proposed to remain on the site will be calculated as follows:
a. For existing principal buildings with a footprint up to 7,500
square feet, the minimum lot area will be 7,500 square feet per
building; and
b. For existing buildings with a footprint greater than 7,500
square feet, the minimum lot area will be equal to the building’s
footprint.
2206.3D Conditions of Approval. Any conditions of approval previously placed
on existing development will be incorporated into the approval for
redevelopment under the provisions of this article unless the applicant
requests that a condition be altered or eliminated. The applicant must
demonstrate that the condition(s) to be altered or eliminated conflicts
with the dimensional or development standards of this article and that
any proposed change to the condition(s) will be in conformance with the
dimensional and development standards of this article.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2207Page XXII-54
2207 ADMINISTRATIVE PROCEDURES
2207.1 Intent
2207.1A Administrative standards are intended to carry out the regulations and
standards for the SR-FBOD and ensure these are effectively, fairly, and
consistently applied in order to promote the general purpose and intent of
each Character District.
2207.2 Applicability
2207.2A Section 1900, Section 1910, and Section 2010 of the Shelburne Zoning
Bylaws prescribe the process for review of site plan review, conditional use,
and zoning permit applications.
2207.2B Precedence. Where in conflict with the aforementioned sections of the
zoning bylaws, and when an applicant has requested review under the
SR-FBOD, the standards of this article will supersede Section 1900, Section
1910, and Section 2010.
2207.3 Projects Requiring Site Plan Review
2207.3A Required. For property owners that have opted to use the SR-FBOD
standards, FIGURE 2207-C specifies when site plan review is required, and
which method of review is available.
2207.3B Referral to DRB. The DRB, AO, DRB Coordinator, Planning Director, or the
applicant may refer any project that requires site plan review to the DRB
for review. Except where superseded by specific requirements found in this
article, site plan review will follow the criteria established in Section 1900,
and current site plan review procedures of the DRB.
FIGURE 2207-C. SITE PLAN REVIEW APPLICABILITY
PROPOSED DEVELOPMENT
SITE PLAN REVIEW
NOT REQUIREDADMINISTRATIVEDRBChange of Use
Change of use, less or same parking demand
Change of use, higher parking demand
Expansion of Use Within Existing Building
Accessory dwelling unit
Expansion of commercial space
Change of Parking Area/Spaces
Repaving/re-striping only
Change to driveway/curbs only
New or expansion of parking area (less than 21 spaces)
New or expansion of parking area (21 or more spaces)
Off-site parking
Sign Changes
Face change only
New or replaced sign structure or sign illumination
Building and Yard Changes Visible from Street
New or replacement doors, windows, exterior materials
New or replacement balcony, front porch, awning/canopy
New or replacement site or exterior building lighting
Structural changes (new window/door openings, roof)
New or replacement front yard fence/wall
Addition/Expansion of Building Area
Addition to single or two-family building
Addition to non-residential building less than 2,000 square feet
Addition to non-residential building equal or greater than 2,000 square feet
New Construction
Reconstruction of existing building with no change in use
New single or two-family building
Other principal building less than 2,000 square feet
Other principal building greater than 2,000 square feet
Accessory building less than 50 sq. ft. in area
Accessory building greater than 50 sq. ft. in area
Type of review required
2207.4 Projects Requiring Conditional Use Permit
2207.4A Conditional Use Permit Criteria. Projects requiring conditional use
permits as identified in FIGURE 2202-A or elsewhere in this article must
follow appropriate criteria in Section 1910. Further, the applicant must
demonstrate that:
1) The project meets applicable SR-FBOD Regulating Plan and Character
District development standards;
2) The project offers wider public benefits to the town and nearby areas
characterized by three or more of the following:
a. Improved access and enhancements to public transportation;
b. Enhancements to parking, traffic, and roadways;
c. Civic and public spaces that accommodate a variety of uses and
promote a vibrant street life;
d. Improvements to pedestrian and bicycle facilities;
e. Public safety improvements;
f. Sustainable and low-impact design;
g. On-site affordable housing opportunities; or
h. Public utility and infrastructure enhancements.
3) The project has been designed to allow uses that are appropriate for
its context and consistent with town planning goals and objectives for
the area;
4) Pedestrian and vehicular access and infrastructure are appropriately
designed, in terms of Character District context, streetscape
continuity, and avoidance of adverse impacts on nearby centers and
neighborhoods from traffic and other activities generated by the
project;
5) The project provides a high quality design so as to enhance the visual
and civic quality of the site;
6) The project has proposed feasible measures to mitigate or eliminate
substantial negative impacts associated with the following:
a. Noise, smells, and light pollution;
b. Negative aesthetics or loss of neighborhood or center character;
c. Loss of on-street parking;
d. Disruption of pedestrian, transit, or bicycle infrastructure;
e. Traffic increase and/or lowered level of service of nearby
roadways.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2207 Page XXII-55
2207.5 Waivers
2207.5A General Waivers. The DRB may approve waivers as set forth in FIGURE
2207-D for minor deviations from SR-FBOD standards based on
architectural merit, hardship, or other extenuating circumstances, where
the resulting design will further the specific intent and purposes of this
article. In approving a waiver, the DRB must find that the deviation meets
the following criteria:
1) The resulting design will further the specific purpose and intent of this
article.
2) The resulting design is consistent with the purposes and intent of the
Regulating Plan.
3) Granting the waiver will not materially and adversely affect adjacent
land uses, effective stormwater management, and the character of
uses in the immediate vicinity of the proposed project.
4) Granting the waiver will not have an undue adverse impact on
the built landscape or street-space of the immediate vicinity of the
proposed project.
2207.5B Waivers for Civic Buildings and Spaces. Civic and community buildings
and attached civic spaces with unique public, monumental, or ceremonial
purposes (i.e. town halls, schools, churches and other religious buildings,
museums, libraries, etc.) may vary from the standards of SECTION 2201.2,
CHAPTER 2202 and CHAPTER 2203 in order to physically express their
prominence and community orientation, and allow distinctive architectural
expression. Civic buildings are encouraged to be a visual landmark
through design and/or placement at terminal vistas of a street or public
space, and are encouraged to be sited with adjoining or surrounding open
spaces. Waivers may be granted if proposed designs comply with all of the
following criteria:
1) The resulting design will further the specific purpose and intent of this
article.
2) The design remains consistent with the intent expressed in SECTION
2200.1.
3) Proposed designs will not create significant interruption of the
alignment of any sidewalk constructed on public or private property or
will not otherwise interfere with pedestrian access.
4) The change or alteration ensures new development is in accord with
existing neighborhood character.
FIGURE 2207-D. GENERAL DEVIATIONS PERMITTED VIA WAIVER
CHAPTER 2202. ALLOWED USES AND FUNCTIONAL STANDARDS
No deviation permitted
CHAPTER 2203. BUILDING FORM AND LOT DEVELOPMENT STANDARDS
All Standards Design alterations resulting from demonstrated need to comply
with the Americans with Disabilities Act (ADA) requirements
Building Setbacks Up to 10’ deviation for the rear setback adjoining
nonresidential property
Build-to-Zone (BTZ)Up to 10’ deviation
Build-to-Zone Occupancy Up to 25% deviation
Transparency Up to 10% deviation
Awnings / Canopies Projection distances and permitted materials (must be
equivalent or better). Material expressly not permitted will
remain not permitted.
Balconies Dimensions
Porches Dimensions
Front Yards Materials for non-residential and mixed-use buildings
CHAPTER 2204. PUBLIC REALM STANDARDS
Permitted Street Types Alternative street types may be authorized when the DRB
determines, by a preponderance of evidence, that use of street
types as specified in FIGURE 2204-A would be in conflict
with SECTION 2201.2 and the Intent and Specific Standards
associated with the applicable Character District or Districts.
Street Design Standards Standards may be modified with respect to width of right
of way, curbing, drainage facilities, landscaping, and paving
materials when consistent with low-impact design principles of
SECTION 2205.3.
Site Access Location, number and width of driveways
CHAPTER 2205. SITE DEVELOPMENT STANDARDS
Parking Location Mandatory sharing may be waived when applicant
demonstrates sufficient parking capacity on site.
Parking Area Landscaping
Requirements
Street screening dimensions where the alternative design
provides adequate buffers and sight lines.
Interior island quantity and dimensions, median island
dimension for large parking lots.
Required number of shade trees.
Parking Placement and Site Design Dimensions, but only upon the recommendation of the Town
Engineer or other professional engineer reviewing the proposal
at the town’s request.
Number of stacking spaces for drive-through facilities.
Loading Standards Size and quantity
Lighting Standards Maximum lighting height
Sign Type Standards Wall and blade sign location on facade.
Channel letter dimensions.
2207.6 Applicability of Standards
2207.6A The standards of this article will be applied according to FIGURE 2207-E.
Generally, the more intense a proposed development is, the higher level of
development review and number of standards applied. For existing sites
and buildings opting to use the SR-FBOD, development standards and
review generally apply to the proposed changes.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2208Page XXII-56
FIGURE 2207-E. DEVELOPMENT TYPE AND APPLICABLE COMPLIANCE TO SR-FBOD STANDARDS
PROPOSED DEVELOPMENT 2202.1. USEFUNCTIONAL STANDARDS AND BUILDING FORMS
2205.4. SIGNAGEPARKING, ACCESS AND LOADING
2203.2. PLACEMENT2203.2. HEIGHTFIGURE 2203-B. ELEMENTS2207.3. EXISTING BUILDINGS & ADDITIONSFIGURE 2203-B. FENESTRATIONFIGURE 2203-B. DOORS & WINDOWSFIGURE 2203-B. BALCONIES & PORCHESFIGURE 2203-B. AWNINGS & CANOPIES2205.2. LIGHTING2205.2. UTILITIES & MECHANICAL EQUIPMENT2205.2. FENCES AND WALLS2205.2. TRANSITIONAL LANDSCAPE BUFFERS2205.2. LANDSCAPING2205.1. PARKING LOCATION2205.1. OFF-STREET PARKING REQUIREMENTS2205.1. BICYCLE PARKING2205.1. PARKING LOT LAYOUT2204.3 ACCESS2205.1. LOADING2205.1. DRIVE-THROUGHS2205.2. LIGHTING2205.2. LANDSCAPINGChange of Use
Change of use, less or same parking demand
Change of use, higher parking demand
Expansion of Use within Existing Building
Accessory dwelling unit
Expansion, 2,000 sf or less
Expansion, greater than 2,000 sf
Change of Parking Area / Spaces
Repaving / striping only
Change to driveway / curbs only
New or expanded parking area, less than 10 spaces
New or expanded parking area, 10 or more spaces
Off-site parking
Sign Changes
Face change only
New or replaced sign structure or sign illumination
Building and Yard Changes Visible from Street
New or replacement doors, windows, exterior materials
New or replacement balcony, front porch, awning/canopy
New or replacement lighting or mechanicals
Structural changes (new window/door openings, roof)
New or replacement front yard fence/wall
Addition/Expansion of Building Area
Addition to single- or two-family building
Non-residential addition, less than 2,000 sf
Non-residential addition, 2,000 sf or greater
New Construction
Reconstruction of existing building
New single- or two-family building
Other primary building
Accessory building, less than 50 sf
Accessory building, 50 sf or greater
Existing and new or rebuilt elements must fully comply. Only new or rebuilt elements need comply.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2208 Page XXII-57
2208 DEFINITIONS
Certain terms in this article are used in very specific ways, often excluding
some of the meanings of common usage. When the definition is specific to
the SR-FBOD, it is included below or elsewhere in this article. When there
is an apparent contradiction between the definitions in this article and
those in other articles of the zoning bylaws, the definitions in this article
will prevail and apply to the contents of this article.
2208.6A
1) A-frame sign. A type of sandwich board sign.
2) Active Ground Floor Use. A use, usually street-level, that faces and
engages the public at large, primarily relying on in-person visitors,
customers, and patrons. Examples include retail, restaurants, bars,
personal service establishments, theaters, and libraries.
3) Alley. A vehicular way providing access to service areas, parking, and
outbuildings and containing utility easements. Alleys may be paved
from building face to building face, with drainage by inverted crown
at the center, permeable paving, or with roll curbs at the edges.
4) Attached Dwelling. A residential unit attached to other buildings on
both sides, i.e. a townhouse (separate lots), or triplex units (common
lot). See Detached Dwelling and Semi-Detached Dwelling for
differentiation.
5) Auto-Oriented Use. A use, typically commercial in nature, that
centers on the sale, rental, servicing, washing, refueling, storing, or
commercial parking of vehicles.
6) Attic Story. A habitable space under a sloping roof with dormers or
other raises.
7) Awning Sign. Sign incorporated into the design of a roof-like cover
that projects from the wall of a building and shields a doorway or
window from the elements.
2208.6B
1) Best Management Practice (BMP). A term used to describe types of
water pollution control. Stormwater BMPs are techniques, measures
or structural controls used to manage the quantity and improve the
quality of stormwater runoff. The goal is to reduce or eliminate the
contaminants collected by stormwater as it moves into streams and
rivers.
2) Bicycle Lane. A dedicated lane for cycling within a moderate-speed
vehicular thoroughfare, demarcated by striping.
3) Blade Sign. A sign oriented perpendicular to the face of the building.
4) Building Envelope. A portion of a building lot defined by setbacks
or other restrictions or exemptions within which a building can be
located.
5) Building Lot. A building lot is a parcel of land either vacant or
occupied that meets the requirements for the purpose of transfer of
ownership or possession, or for development.
6) Build-To-Line. A Build-To-Line is a line marking where the street-
facing facade of a primary building must be located in some Character
Districts.
7) Build-To-Zone. The build-to-zone is the area between the minimum
and maximum setbacks from the edge of the right-of-way. It marks
where the street-facing façade of a primary building must be located.
Numbers on the Regulating Plan indicate the minimum and maximum
distance in feet from the front property line / right-of-way line. A
range distance is indicated by a dash (-), and street-facing facades
may be located anywhere within this range. Projecting building
elements may encroach beyond the Build-To-Zone as provided in the
Building Form Standards.
8) Build-To-Zone Occupancy. A designated space on lots fronting a
public street in certain Character Districts within which a percentage
of the primary building facade, and where applicable, walls, fences
and hedges, must be located. A 100% BTZ Occupancy means the
entire width of the lot must be occupied by a building or qualifying
wall, fence, or hedge. A 50% BTZ Occupancy means at least half the
lot width must be occupied by a building or qualifying wall, fence,
or hedge and the remaining lot width may be open space, driveway,
parking, building, or other activities.
2208.6C
1) Channel Letter Sign. A sign of a type authorized by this bylaw that
is composed of three-dimensional letters or other emblems, logos,
symbols, or images. Allowable locations for signs with Channel Letters
are determined by the underlying sign type.
2) Civic Building. Civic buildings are public and private buildings with
unique public, monumental, or ceremonial purposes. Examples include
town halls, schools, churches and other religious buildings, museums,
and libraries.
3) Civic Space. Civic space includes public greens, squares, plazas and
streetscapes. Civic spaces “democratize” and diversify urban life by
providing a venue for all types of people to meet, mingle and interact.
They establish a sense of “place” and, when used to host events
such as markets and festivals, draw people and business. Civic space
also includes the pedestrian portion of streetscapes, which establish
pedestrian access to and connections between public and private
space. Good design is essential to creating functional and attractive
civic space.
4) Construction Sign. A temporary sign directly connected with a
construction project; may include the project team name, addresses,
and/or telephone number.
5) Curb Cut. Any access point onto a roadway. This may include, but is
not limited to, an entrance to a parcel, or an intersection with another
roadway.
6) Curb Radius. The curved edge of a thoroughfare at an intersection,
measured at the inside edge of the vehicular tracking. The smaller the
turning radius, the smaller the pedestrian crossing distance and the
more slowly the vehicle is forced to make the turn.
2208.6D
1) Design Speed. The velocity at which a thoroughfare tends to be
driven without the constraints of signage or enforcement. There
are four ranges of speed: Very Low: (below 20 MPH); Low: (20-25
MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is
determined by desired Design Speed.
2) Detached Dwelling. A stand-alone residential building with one or
two units, with yards or other non-building space on all sides, i.e.
a Single-Family Dwelling, or a stacked Two-Family Dwelling. See
Attached Dwelling and Semi-Detached Dwelling for differentiation.
3) Directional Sign. Any sign intended to be permanently affixed and
utilized only for the purpose of indicating the direction of any object,
place, or area.
4) Driveway. A vehicular travel way providing access to not more than
two lots or principal uses.
5) Duplex. A residential development with two units in a side-by-side
formation on a single lot. Each unit has a separate entrance.
2208.6E
1) Encroachment. Any structural element that breaks the plane of a
vertical or horizontal regulatory limit, extending into a setback, into
the public frontage, or above a height limit.
2208.6F
1) Fenestration. Clear openings within a building wall, typically for
windows, doors.
2) Freestanding Sign. A permanent sign that is self-supporting in a fixed
location and not attached to a building. A freestanding sign can be
connected or attached to a sign structure, fence, or wall that is not an
integral part of a building. Freestanding signs include monument signs
and pole signs.
ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD) Effective Date: TBD
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, VermontSection 2208Page XXII-58
2208.6G
1) Gallery. Any covered passage that is open at one side, such as a
portico or a colonnade. More specifically, it is a narrow balcony or
platform running the length of a wall.
2) Green. An open space available for unstructured recreation and
programmed for civic gatherings that is less formal in nature than a
Square.
3) Ground Floor. The floor located at the street level, closest to the
naturally occurring grade.
2208.6H
1) Hardscape. Hardscape are those elements and materials incorporated
into a landscape design other than living vegetation such as rocks,
gravel, bricks, pavers, decorative concrete, wood, metal, etc.
2208.6I
1) Interior Clear Height. The height of interior space, as measured
between the top of the flooring and the bottom of the ceiling.
2208.6J
2208.6K
2208.6L
1) Landscape Amenity. An element or feature in a landscape design that
is intended to enhance the aesthetics, desirability or marketability of
property in excess of the minimum requirements of this article such
as public open space, recreational facilities, community gardens, site
furniture, public art, wayfinding or gateway signage, etc.
2) Liner Building. A building specifically designed to mask a parking lot
or a parking structure from a frontage.
3) Linkages. Elements of the system of links or pathways that help
connect different portions of the built and natural environment with
each other. Examples of linkages include streets, paths, and vistas.
4) Live-Work. A mixed use unit consisting of a commercial or light
industrial and residential function. The commercial function is in the
ground floor of the unit. It is intended to be occupied by a business
operator who lives in the same structure or lot that contains the
commercial activity or industry.
5) Low Impact Development (LID). An innovative stormwater
management approach with a basic principle that is modeled after
nature: manage rainfall at the source using uniformly distributed
decentralized micro-scale controls. LID’s goal is to mimic a site’s
pre-development hydrology by using design techniques that infiltrate,
filter, store, evaporate, and detain runoff close to its source. Techniques
are based on the premise that stormwater management should not
be seen as stormwater disposal. Instead of conveying and managing /
treating stormwater in large, costly end-of-pipe facilities located at the
bottom of drainage areas, LID addresses stormwater through small,
cost-effective landscape features located at the lot level.
2208.6M
1) Mezzanine. An intermediate floor between main floors of a building,
often located between the ground floor and the floor above.
2) Mixed Use. Two principal uses within the same building through
superimposition or adjacency, or in multiple buildings by adjacency.
3) Monument Sign. A freestanding sign fixed to the ground by means
of a permanent foundation in which the area containing the support
pole(s) is replaced or covered by a pedestal structure.
2208.6N
1) Node. A location of increased interest and concentrated activity taking
place within the built environment, frequently in association with the
intersection of two or more linkages. Examples of nodes include public
squares, shopping districts, and crossroads.
2208.6O
1) Opacity. Fence or Wall. The amount of the fence or wall that may be
seen through. A traditional picket fence is approximately 50% opaque,
while a stockade fence is 100% opaque.
2) Open Space. Land maintained in essentially an undisturbed, natural
state for purposes of resource conservation, and/or maintaining forest
cover; or that is enhanced and managed for outdoor recreation and
civic use, working lands, or local food production. Usable open space
must be of a quality and size that supports its intended function or
use. Usable open space specifically excludes streets, parking areas,
driveways and other areas accessible to motor vehicles. Open space is
restricted and regulated where stipulated in the SR-FBOD.
3) 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.
4) Open Space, Public. Open space owned in fee or by a public agency,
land trust, or nonprofit organization and maintained for the use
and enjoyment of the general public supporting the health, safety,
and welfare of the general public, habitat preservation, agriculture
or urban agriculture, or preservation of other public goods such as
landscape or scenic vista preservation.
5) Outbuilding. An accessory building, usually located toward the rear of
the same lot as a principal building, and sometimes connected to the
principal building.
6) Outdoor Activity Zone. Outdoor Activity Zones are areas located
between the edge of a street and building façade intended to be
utilized for passive recreation and public gathering. Outdoor Activity
Zones include Privately Owned Public Space. Outdoor Activity Zones
may also include publicly-owned spaces such as sidewalks, where
such publicly-owned space has been approved by the Town for uses
such as dining.
7) Owner-Occupied (Housing). A residential unit that is lived in full-time
by the owner of the unit.
2208.6P
1) Park. A natural preserve available for active and passive recreation.
2) Parking Structure. A building containing one or more stories of
parking above or below grade.
3) Passage. A pedestrian connector, open or roofed, that passes between
buildings to provide shortcuts through long blocks and connect rear
parking areas to frontages.
4) Path. A pedestrian way ideally connecting directly with the sidewalk
network.
5) Plaza. A civic space type designed for civic purposes and commercial
activities generally paved and spatially defined by building frontages.
6) Pre-Development Conditions. The land use conditions that existed
prior to the initiation of the development activity in terms of
topography, vegetation, land use and rate, volume and direction of
stormwater runoff.
7) Previously Developed Lot. A lot that has been altered by paving,
construction or land use that required (or would require if undertaken
today) a permit under the Town of Shelburne Zoning Bylaws. This term
does not include land altered by current or historical clearing or filling,
agricultural or forestry use, or preserved natural areas.
8) Principal Building. The main building on a lot, usually located toward
the frontage.
9) Principal Entrance. The main point of access for pedestrians into a
building.
10) Primary Facade. The main street-facing face of a principal building,
typically where entrances, porches, storefronts, signs, etc. present the
public face of the building. For a building fronting multiple streets, a
primary facade usually faces the primary street.
Effective Date: TBD ARTICLE XXII. SHELBURNE ROAD FORM-BASED OVERLAY DISTRICT (SR-FBOD)
Phase 2 Revisions - HEARING DRAFT 14 November 2019
Town of Shelburne, Vermont Section 2208 Page XXII-59
11) Primary Frontage. On lots other than corner lots, the frontage on the
Primary Street. On corner lots, the private frontage designated to bear
the address and principal entrance to the building, and the measure
of minimum lot width.
12) Private Frontage. The privately held layer between the frontage line
and the principal building facade.
13) Privately Owned Public Space. Privately Owned Public Space is
space along private frontages intended to be utilized for passive
recreation and public gathering. Privately Owned Public Spaces
include forecourts, outdoor terraces, seating areas, plazas, and public
art installations.
14) Pole Sign. A freestanding sign in excess of six feet in height that is
detached from a building and is supported by one or more structural
elements that are either architecturally dissimilar to the design of the
sign or less than 1/4 the width of the sign face.
15) Political Sign. A sign erected prior to (and may exist after) an
election to advertise or identify a candidate, campaign issue, election
proposition, or other related matters.
16) Public Banner. Public Banners are signs on public property that
help to add interest and color to the streetscape. They are vertically
oriented and compatible with the overall character of the district.
17) Public Frontage. The area between the private lot line and the edge
of the vehicular lanes. It usually includes walkways, planters, and
lighting (i.e. such as the public sidewalk).
18) Public Realm. Includes all exterior (outside a building) areas and
elements on a lot that are accessible or visible to the general public
during business hours, or for residential lots during daylight hours.
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.
2208.6Q
2208.6R
1) Redevelopment. In the FBZ, redevelopment means infill development
on vacant parcels that have no existing activity but were previously
developed; constructing with a denser land usage; or adaptive reuse
where older structures which have outlive their uses are converted
into new ones.
2) Regulating Plan. The coding key for a Form-Based Zoning District,
usually a map with Building Envelopes, Build-To-Zones, and other
requirements which vary by block face.
3) Roof Pitch. The slope of the main face of a roof, often described as a
ratio of rise to run. A flat roof would have a pitch of 0:12. A Mansard
roof is closer to 18:12.
2208.6S
1) Sandwich Board Sign. A portable easel-style sign displayed during
business hours only.
2) Secondary Facade. A principal building’s less-important street-facing
façade, typically a side, often without entrances, signs, or storefronts.
For a building fronting multiple streets, a secondary facade usually
faces the lesser streets.
3) Shared Driveway. A private driveway connection between two lots
that does not require traveling on the public roadway system.
4) Shared Parking Factor. An accounting for parking spaces that are
available to more than one function.
5) Semi-Detached Dwelling. A residential unit with one side attached to
another, i.e. “twin” homes (separate lots) or a duplex (common lot).
See Attached Dwelling and Detached Dwelling for differentiation.
6) Square. A square is an open space available for unstructured
recreation and civic gatherings that is spatially defined by building
frontages and located at the intersection of important thoroughfares.
7) Stacked Dwelling. A residential building with two or more units
arranged on top of one another.
8) Stoop. Uncovered steps and/or raised landing, with or without
handrails, existing for the sole purpose of reaching the entrance to a
building.
9) Street. A vehicular travel way that provides the principal means of
access to more than two dwellings, principal uses or lots and that
conforms to the Town of Shelburne Public Works Specifications.
10) Streetscape. A comprehensive ground level view of a street including
its private and public frontage.
11) Street Line. The edge of the public layout of the street, or public right-
of-way as defined by the sidewalk, whichever is greater.
12) Substantial Reconstruction. Any reconstruction, rehabilitation,
addition, or other improvement of a structure taking place for which
the cost equals or exceeds 50% of the market value of the structure
before the “start of construction” of the improvement. The term
includes structures that have incurred substantial damage, regardless
of the actual work performed.
2208.6T
1) Tenant Directory Signs. Tenant Directory signs are used to identify
multi-tenant buildings and businesses that do not have direct frontage
on a public street.
2) Townhouse. An attached single-family dwelling, on a separate lot
from neighboring dwellings.
3) Triplex/Quadraplex. A residential development with three, four, or
more units in a side-by-side formation on a single lot, i.e. a rental
townhouse terrace. Each unit has a separate entrance.
2208.6U
2208.6V
2208.6W
1) Wall Sign. A sign attached to or erected on the exterior wall of the
building or structure with the exposed face of the sign in a plane
approximately parallel to the plane of the exterior wall.
2) Window Sign. Window signs are signs that are painted, posted,
displayed, or etched on an interior translucent or transparent surface,
including windows or doors. This type of signage generally contains
only text but in some circumstances can express a special business
personality through graphic logos or images combined with color.
2208.6X
2208.6Y
2208.6Z
Planning Commission Reporting Form
for Municipal Bylaw Amendments
(Form Based Zoning)
Prepared for consideration by Planning Commission on October 10, 2019
This report is in accordance with 24 V.S.A. §4441(c) which states:
“When considering an amendment to a bylaw, the planning commission shall prepare and approve a written
report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection
concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The
report shall provide (:) (A) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under §4444 of this title, (A)nd shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing: 2. Is compatible with the proposed future land uses and densities of the municipal plan: 3. Carries out, as applicable, any specific proposals for any planned community facilities.” Brief explanation of the proposed bylaw amendment.
The Planning Commission proposal would modify the regulations by updating and reformatting –
including renumbering— the “Form Based” zoning framework adopted by the Selectboard in May of 2016. Form Based Zoning (FBZ) was enacted to provide an alternative to the existing, traditional “Euclidian” zoning framework. Changes within the proposal would modify the following: Regulating
Plan; Building Form & Lot Development Standards; Public Realm Standards; Parking; Landscaping,
Screening and Lighting Standards; Sustainable Design; Signage Standards; Previously Developed
Sites; and Definitions. Purpose
The specific purpose of the FBZ overlay as described in Section 2200.1A is as follows:
The purpose of the Shelburne Road Form-Based Overlay District (SR-FBOD) is to provide a set of zoning regulations that place greater emphasis on the building design and site layout, and less
emphasis on the types of land uses within those buildings with the goal of facilitating
sustainable development in selected areas of Shelburne. These qualities will be achieved
through implementation of context-based building forms, active open spaces and streetscapes, and complete streets collectively designed to be integrated, connected and complementary.
The intent of the FBZ is:
to meet the goals of the 2019 Town of Shelburne Comprehensive Plan and other strategic area plans endorsed by the town. The SR-FBOD, which extends along the corridor from the boundary shared with South Burlington to the LaPlatte River, is illustrated on the Regulating
Plan.
Planning Commission Reporting Form for Page 2 Form Based Zoning Proposal, October 2019
Findings regarding how the proposal conforms with or furthers the goals and policies contained in the municipal plan
Under state law, the Zoning Regulations must be “in conformance with” the Plan. To be “in
conformance with” the Plan, the bylaw must: make progress toward attaining, or at least not interfere
with, the goals and policies contained in the Plan; provide for proposed future land uses, densities, and intensities of development contained in the Plan; and carry out any specific proposals for community facilities, or other proposed actions contained in the Plan.
The Planning Commission finds that the proposal conforms with and furthers the goals and policies
contained in the municipal plan. Such policies include but are not necessarily limited to the following:
Goal: Pursue future land use based on the principles of “placemaking.” Placemaking is the process of creating
quality places where people want to live, work, play and learn. Thus, the explicit aim of the future land use section of this plan is to promote the creation of quality places that combine:
a) Appropriate physical form (i.e., development occurs at a human scale and is pedestrian oriented), b) A mix of land uses and functions, and
c) A mix of social opportunity.
3. Within the Growth Areas, foster compact, walkable, and connected development patterns established with due
regard having been given to conservation of exceptional natural resources.
Goals: Growth Area 2 shall absorb most of the Town’s future growth, and most anticipated residential growth.
Growth Area 2 is intended to foster the creation of Quality Places, and will feature compact, walkable, and connected development. It will be characterized by development patterns that use land efficiently, as such
expensive municipal infrastructure warrants. Development shall be arranged to provide maximal protection
to natural resources, and new development will be laid out in a manner that enables and facilitates comfortable and safe means of multimodal transportation.
Objectives:
1. The Form-based Code is currently an optional zoning overlay which limits its appeal to investors seeking a
predictable development environment. Increase the efficacy of this powerful tool for attracting developers and investors by advocating for adopting Form-based Code as the de facto zoning in the Mixed Use corridor.
Encourage the continued development of Form Based Zoning within Growth Area 2.
Very simply stated, Planning Commissioners find that the proposal would positively address and
advance all of the foregoing language as well as related Comprehensive Plan language regarding housing, economic development, and growth. More particularly, they believe that the proposal would:
• Spur economic activity and accommodate appropriate levels of commercial and industrial
growth while at the same time promoting development of much needed-housing and foster neighborhoods;
• Ensure that the Mixed Use Area does not become a suburban strip; and
• Carry out the recommendations contained in the SDAT and Pilot Project reports and set the
Town on a path toward a more sustainable future.
• Help preserve and protect the character and defining elements of historic properties in the
Town, and thus contribute to the sense of place and unique identity that defines Shelburne.
Commissioners also recognize the potential for the proposal to promote other Comprehensive Plan goals and objectives.
Planning Commission Reporting Form for Page 3 Form Based Zoning Proposal, October 2019
Findings regarding how the proposal is compatible with the proposed future land uses and densities of the municipal plan
The proposal takes the form of an overlay district, and thus the default development densities
authorized by the zoning bylaws are not affected by the proposal. It is generally recognized, however, that the level of development authorized by the Overlay District is higher than what is allowed under the underlying zoning districts. That said, the changes encompassed in the current proposal would not
materially alter the level of development already authorized by the original FBZ adopted by the
Shelburne Selectboard in 2016. Because Form Based Zoning is optional (that is, a developer or
landowner must “opt in” to be reviewed under its provision) it is not clear what proportion of the total amount of future growth occurring within the next five to ten years and beyond would stem from the proposal. No specific calculations have been performed, although the consultants working on the
original version of FBZ were asked for a possible estimate, which was not provided. In the view of the
Planning Commission, the overall pattern of development would change relatively little in the short
term. However, over time, the density would increase, which is consistent with the policies and language contained in the Comprehensive Plan. Finally, the districting scheme embodied in the Zoning bylaw map would continue to reflect the boundaries of the Composite Future Land Map contained in
the Comprehensive Plan (Map 5) as it does currently.1 Thus, in conclusion, the Planning Commission
finds that the zoning amendment proposal that is the subject of this report would be entirely compatible
with the Comprehensive Plan. Findings regarding how the proposal carries out, as applicable, any specific proposals for any
planned community facilities.
The proposed amendment does not directly carry out specific proposals for any planned community facilities. In addition, the proposed amendment does not conflict with any specific proposals for
planned community facilities.
Permissibility of regulations regarding historic district/landmarks
State law, in 24 VSA § 4414 (1) (F) authorizes municipalities to adopt bylaws contain provisions for
the establishment of historic districts and the designation of historic landmarks. The current proposal
does not materially alter any of the historic landmark-related findings contained within the Bylaw
Change Report prepared for the initial adoption of Form Based Zoning.
[end]
1 In the future, if the Form Based Zoning Overlay District is integrated into the underlying zoning, it is likely the Future
Land Use Map in the Town’s Comprehensive Plan also would be amended.