HomeMy WebLinkAboutO-LDR 2016-01-25 - Land Development Regulations - LDRs Complete Effective 1-25-2016575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
CITY of SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Adopted May 12, 2003
Amendments Effective:
January 25, 2016
South Burlington Planning Commission
Jessica Louisos, Chair
Tracey Harrington, Vice-Chair
Bernie Gagnon, Clerk
Duncan Macdonald
Art Klugo
Sophie Quest
Ted Riehle
South Burlington City Council
Pat Nowak, Chair
Chris Shaw, Vice-Chair
Helen Riehle, Clerk
Tom Chittenden
Meaghan Emery
Planning & Zoning Staff
Paul Conner, AICP, Director of Planning & Zoning
Cathyann LaRose, AICP, City Planner
Raymond J. Belair, Administrative Officer
TABLE OF CONTENTS ii
South Burlington Land Development Regulations Effective January 25, 2016
Table of Contents
1 Purpose and Title
1.01 Purpose and Compliance…………………………………………………………………… 1-1
1.02 Title…………………………………………………………………………………………………… 1-1
1.03 Seperability ……………………………………………………………………………………... 1-1
1.04 Effective Date & Implementation …………………………………………..……….. 1-1
2 Definitions
2.01 Rules of Construction, Intent & Usage………………………………….………….. 2-1
2.02 Specific Definitions …………………………………………….……………………………. 2-2
2.03 Definitions for Flood Hazard Purposes…………………………………………….. 2-42
3 General Provisions
3.01 Establishment of Districts & Description of Certain Districts …………… 3-1
3.02 Official Maps & Other Maps ………………………………………………………...... 3-4
3.03 District Boundaries …………………………………………………………………………. 3-4
3.04 Applicability of Regulations …………………………………………………………….. 3-5
3.05 Lots ……………………………………………………………………………………………….... 3-6
3.06 Setbacks & Buffers ……………………………………………………………………….… 3-7
3.07 Height of Structures ……………………………………………………………………….. 3-10
3.08 Temporary Structures & Uses ………………………………………………………... 3-17
3.09 Multiple Structures & Uses …………………………………………………………….. 3-18
3.10 Accessory Structures & Uses ……………………………………………………….…. 3-19
3.11 Nonconformities …………………………………………………………..……………….. 3-22
3.12 Alteration of Existing Grade ……………………………………………………………. 3-25
3.13 General Performance & Maintenance Standards ……………………………. 3-26
4 Residential Districts
4.01 Residential 1 (R1) District ……………………………………………………………….. 4-1
4.02 Residential 2 (R2) District ……………………………………………………………….. 4-2
4.03 Residential 4 (R4) District ……………………………………………………………….. 4-3
4.04 Residential 7 (R7) District ……………………………………………………………….. 4-3
4.05 Residential 12 (R12) District ……………………………………………………………. 4-4
4.06 Residential 7 with Neighborhood Commercial District …………………… 4-5
4.07 Lakeshore Neighborhood District …………………………………………………… 4-6
4.08 Queen City Park (QCP) District ……………………………………………………….. 4-7
5 Commercial Districts
5.01 Commercial 1 (C1) ………………………………………………………………………….. 5-1
5.02 Commercial 1 with Automobile Sales (C1-Auto)…………………………….. 5-2
5.03 Commercial 1 with Airport-Related Uses (C1-AIR) …………………………. 5-3
5.04 Commercial 1 with Limited Retail (C1-LR) ………………………………………. 5-3
5.05 Commercial 2 (C2) ………………………………………………………………………….. 5-4
5.06 Swift Street District (SW) ……………………………………………………………….. 5-5
5.07 Allen Road District (AR) ………………………………………………………………….. 5-5
5.08 Supplemental Standards for Commercial Districts …………………………. 5-6
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South Burlington Land Development Regulations Effective January 25, 2016
6 Industrial and Airport Districts
6.01 Mixed Industrial & Commercial District (Mixed IC) ………………………... 6-1
6.02 Mixed Airport AIR ………………………………………………………………………….. 6-1
6.03 Airport Industrial District (AIR-I) ………………………………………………….…. 6-2
6.04 Industrial – Open Space District I-0 …………………………………………….….. 6-3
6.05 Supplemental Standards for Industrial & Airport Districts ……………… 6-4
7 Other Districts
7.01 Institutional and Agricultural District I-A ……………………………………….. 7-1
7.02 Park & Recreation District (PR) ……………………………………………………… 7-3
7.03 Municipal District (MU) ………………………………………………………….……… 7-4
8 Central District
8.01 General Purpose of the Central District ………………………………………… 8-1
8.02 Establishment of Sub-Districts ……………………………………….………….…. 8-1
8.03 Prohibited Uses – All Districts ………………………………………………………. 8-1
8.04 Dimensional Requirements in All Districts ……………………………………. 8-2
8.05 Specific Sub-District Regulations ………………………………………………….. 8-4
9 Southeast Quadrant (SEQ)
9.01 Purpose ……………………………………………………………………..…………..……… 9-1
9.02 Comprehensive Plan ………………………………………………………………..……. 9-1
9.03 Uses …………………………………………………………………………………..…..……… 9-1
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map ……….…..……. 9-1
9.05 Residential Density ………………………………………………………………………… 9-2
9.06 Dimensional & Design Requirements Applicable to Sub-Districts….. 9-3
9.07 Regulating Plans ……………………………………………………………………………. 9-5
9.08 SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards.. 9-7
9.09 SEQ-VR Sub-District; Specific Standards ……………………………………..…. 9-17
9.10 SEQ-VC Sub-District, Specific Standards …………………………………..……. 9-20
9.11 Supplemental Standards for Arterial & Collector Streets ………………. 9-24
9.12 SEQ-NRP; Supplemental Regulations …………………………………….……… 9-25
9.13 SEQ Review & Approval Process …………………………………………………… 9-29
10 Overlay Districts
10.01 Flood Plain Overlay District (FP) …………………………………………..……….. 10-1
10.02 Traffic Overlay District ……………………………………….……………….…………. 10-7
10.03 Scenic View Protection Overlay District ………………………………………… 10-11
10.04 Interstate Highway Overlay District ……………………………………….……… 10-17
10.05 Transit Overlay District ………………………………………………………………….. 10-20
11 Design Review Overlay Districts DR
11.01 City Center Design Review Overlay District CCDR ………………………….. 11-1
11.02 Site Design for City Center Design Review District ………………………… 11-7
11.03 Commercial District 1 Design Review Overlay District [reserved]….. 11-8
12 Surface Water Protection Standards
12.01 General Storm Water Protection Standards……………………………………. 12-1
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South Burlington Land Development Regulations Effective January 25, 2016
12.02 Wetland Protection Standards & Review Procedures ……………….…… 12-5
12.03 Stormwater Management Overlay District ………………………………….…. 12-7
13 Supplemental Regulations
13.01 Off-Street Parking and Loading ………………………………………………….……. 13-1
13.02 Home Occupations ……………………………………………………………….………… 13-13
13.03 Airport Approach Cones …………………………………………………………………. 13-14
13.04 Swimming Pools ………………………………………………………………….…………. 13-14
13.05 Outside Storage & Display …………………………………..……………….……….. 13-15
13.06 Landscaping, Screening & Street Trees ………………………………………….. 13-15
13.07 Exterior Lighting ………………………………………………………………………….…. 13-22
13.08 Specific Regulations for Nighttime Illumination of Governmental Flags 13-23
13.09 Bus Shelters …………………………………………………………………………………… 13-25
13.10 Solar Radiation ………………………………………………………………………………. 13-25
13.11 Numbering Systems for Multi-Family Development ……………………… 13-25
13.12 Group Homes ……………………………………………………………………………..…. 13-26
13.13 Family Child Care Home or Facility (Day Care Facility)……………………. 13-26
13.14 Affordable Housing ……………………………………………………………………….. 13-27
13.15 Connections across a Lot …………………………………………………………….... 13-29
13.16 Earth Products …………………………………………………………………………….…. 13-30
13.17 Fences ………………………………………………………………………………………….… 13-31
13.18 Utility Cabinets & Similar Structures ……………………………………………... 13-32
13.19 Signs …………………………………………………………………………..………………….. 13-33
13.20 Subsurface Sewage Disposal Systems ……………………………………………. 13-33
13.21 Satellite Dishes ………………………………………………………………………………. 13-33
13.22 Seasonal Mobile Food Units……………………………………………………………. 13-33
13.23 Outdoor exercise facilities for animal shelters, commercial kennels,
pet day cares, and veterinary hospitals …………………………………………. 13-34
13.24 Self Storage in the Mixed Commercial-Industrial (CI) District ……….. 13-34
13.25 Retaining Walls ……………………………………………………………………………… 13-35
13.26 Auto & Motorcycle Sales, Limited …………………………………………………. 13-35
14 Site Plan & Conditional Use Review
14.01 General Purpose ……………………………………………………………………..…… 14-1
14.02 Definition of Site Plan …………………………………………………………………… 14-1
14.03 Uses & Actions Subject to Site Plan Approval ………………………………. 14-1
14.04 Approval of Site Plans by Development Review Board…………………. 14-2
14.05 Application, Review, and Approval Procedure ………………………….…. 14-3
14.06 General Review Standards …………………………………………………………... 14-8
14.07 Specific Review Standards ……………………………………………………………. 14-10
14.08 Integration of Procedures ……………………………………………………………. 14-11
14.09 Administrative Review ………………………………………………………………… 14-11
14.10 Conditional Use Review: General Provisions & Standards …………… 14-12
14.11 Conditional Use Review: Specific Uses & Standards ……………………. 14-13
15 Subdivision & Planned Unit Development Review
15.01 Purpose ………………………………………………………………………………………... 15-1
15.02 Authority & Required Review ………………………………………………………. 15-1
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South Burlington Land Development Regulations Effective January 25, 2016
15.03 Allowed Uses, Densities and Zoning Boundary Adjustments .………… 15-3
15.04 General Subdivision & PUD Review Procedures ………………………..…… 15-3
15.05 Sketch Plan Review …………………………………………………………………….….. 15-4
15.06 Review & Approval of Minor Subdivisions ……………………………………... 15-5
15.07 Master Plan Review & Approval …………………………………………………….. 15-6
15.08 Major Subdivision or PUD Approval Procedure ……………………………… 15-9
15.09 Final Plat Recording ……………………………………………………………………..… 15-13
15.10 Lot Layout ………………………………………………………………………………………. 15-13
15.11 Relation to Scenic View Protection Overlay District ………………………. 15-14
15.12 Standards for Roadways, Parking & Circulation in PUDs and Subdivisions 15-14
15.13 Utility Services ……………………………………………………………………………..… 15-23
15.14 Required Public Facilities and Improvements ………...…………………. …. 15-25
15.15 Performance Bonds, Escrow Accounts, and Letters of Credit………… 15-27
15.16 Acceptance of Streets & Required Facilities and Improvements …... 15-28
15.17 Certificate of Title ………………………………………………………………………..… 15-29
15.18 Criteria for Review of PUDs, Subdivisions, and Master Plans…………. 15-29
15.19 Minor Lot Line Adjustments…………………………………………………………… 15-31
16 Construction and Erosion Control Standards
16.01 Purpose ………………………………………………………………………………………….. 16-1
16.02 Applicability ……………………………………………………………………………………. 16-1
16.03 Standards for Erosion Control During Construction ……………………..... 16-1
16.04 Excavation and Grading ………………………………………………………………….. 16-2
17 Administration and Enforcement
17.01 General Provisions ……………………………………………..………..……………….. 17-1
17.02 Zoning Permits ………………………………………………………………………………. 17-1
17.03 Certificates of Occupancy ……………………………………………………………… 17-1
17.04 Expiration of Permits and Approvals …………………………………………….. 17-2
17.05 Revocation of Permits and Approvals [reserved]………………………….. 17-3
17.06 Fees, notifications, and digital submissions.…………………..……………… 17-3
17.07 Planning Commission …………………………….………………………..……………. 17-3
17.08 Development Review Board ………………………………………………….………. 17-4
17.09 Design Review Committee ………………………………………………….………… 17-5
17.10 Amendments to Regulations and Maps [reserved] ………………………. 17-6
17.11 Violations [reserved] ………………………………………………………………….… 17-6
17.12 Penalties [reserved] ……………………………………………………………………… 17-6
17.13 Appeals …………………………………………………………………………………………. 17-6
Appendices
Appendix A, Performance Standards …………………………………………………………. A-1
Appendix B, Traffic Generation Data & Collection Procedures …………………… B-1
Appendix C, Table of Uses and Dimensional Standards ………………………….….. C-1
Appendix D, Lighting ………………………………………………………………………………….. D-1
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South Burlington Land Development Regulations Effective January 25, 2016
Maps
Official Map ………………………………………………………………………………..……….. Map 1
Wetlands Map ………………………………………………………………………………………….. Map 2
Official Zoning Map ………………………………………………………………………………….. Map 3
Overlay Districts Map ……………………………………………………………………………….. Map 4
Consultants and Contributors:
ORW Landscape Architects and Planners, Norwich, VT
Buckhurst Fish Jacquemart Inc., New York, NY
Kathleen Ryan Landscape Architect, Burlington, VT
Adam Davis, Architect, South Burlington, VT
ARTICLE 1 PURPOSE and TITLE
South Burlington Land Development Regulations Effective January 25, 2016
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1 PURPOSE and TITLE
1.01 Purpose and Compliance
1.02 Title
1.03 Separability
1.04 Effective Date of Implementation
1.01 Purpose and Compliance
The purpose of these Land Development Regulations is to implement the Comprehensive Plan of
the City of South Burlington; to promote the health, safety, and general welfare of the community;
to secure safety from fire, panic, and dangers; to provide adequate light and air; to facilitate the
adequate provision of transportation, water, sewage, schools, parks, and other public
requirements, under and pursuant to the Vermont Planning and Development Act, as amended.
1.02 Title
These provisions shall be known and may be cited as the South Burlington Land Development
Regulations.
1.03 Separability
Should any section, sub-section, paragraph, sentence, clause, provision, or phrase of these land
development regulations be declared by any court of competent jurisdiction to be unconstitutional
or invalid, such decision shall not affect the validity of any other portion of these land development
regulations, except the section in question.
1.04 Effective Date and Implementation
These regulations shall become effective twenty-one (21) days after the date of adoption by the
City Council. On the date these regulations become effective, they will replace in its entirety the
comprehensive revision of the City of South Burlington Zoning Regulations effective SEPTEMBER
12, 1994 and as amended through July 9, 2002, and the City of South Burlington Subdivision
Regulations effective April 10, 1995 and as amended through July 9, 2002.
[Note: These Regulations became effective on May 12, 2003. Subsequent dates in the footer refer
to the most recent date of amendment.]
Amendments (Effective Dates):
February 23, 2004
April 26, 2004
June 28, 2004
September 6, 2005
April 24, 2006
July 10, 2006
October 24, 2006
February 6, 2007
February 25, 2008
January 5, 2009
October 26, 2009
January 11, 2010
February 8, 2011
March 15, 2011
January 9, 2012
May 7, 2012
May 6, 2013
September 24, 2013
January 11, 2016
January 25, 2016
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
2.01 Rules of Construction, Intent and Usage
A. In the construction of these regulations, the following provisions and rules shall be applied,
except when the context clearly requires otherwise:
(1) The "City" is the City of South Burlington, Vermont.
(2) Words used in the present tense shall include the future and words used in the future
tense shall include the present.
(3) Words in the singular number shall include the plural and words in the plural number
shall include the singular number.
(4) The words "shall" and "must" are mandatory and not optional or merely directory.
(5) The words "may" and "should" are permissive.
(6) The word "person" includes an individual, firm, association, corporation, partnership,
trust, company or other organization, governmental body or agency, and any other
legal entity.
(7) The word "lot" includes the words parcel, plot, tract of land, or piece of land.
(8) The words "used" or "occupied" include the words intended, designed or arranged to
be used or occupied, employed for, constructed for, altered for, converted for, rented
for, leased for, maintained for, utilized for, or occupied for.
(9) The word "includes" shall not limit a term to the specified examples, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(10) The terms “such as” and “for example” shall be considered as introducing typical or
illustrative, rather than an entirely exclusive or inclusive designation of, permitted or
prohibited uses, activities, conditions, establishments or structures.
(11) A "building" or "structure" includes any part thereof. “Building” shall have the same
meaning as “structure.”
(12) The word "built" includes "erected," "constructed," "reconstructed," "altered,"
"enlarged," or "moved."
(13) The word "premises" shall include land and buildings thereon.
(14) The masculine gender shall include the feminine and neuter, and vice versa.
(15) The words "adjacent" and "next to" shall have the same meaning as "abut."
(16) The words "original" and “existing” mean the conditions existing on the effective date
of these regulations.
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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B. Unless the context clearly indicates the contrary, where a regulation involves two or more
items, conditions, provisions, or events connected by the conjunction "and," "or," or
"either...or," the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions, or events shall
apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events may apply
singly or in any combination.
(3) "Either...or" indicates that the connected item, conditions, provisions, or events shall
apply singly but not in combination.
C. References made to officials and official bodies shall mean officials and official bodies of the
City of South Burlington, unless the natural construction of the wording indicates otherwise.
D. The word "regulation," "these regulations," "these land development regulations," "this
ordinance," or “this bylaw” means the "City of South Burlington Land Development
Regulations."
E. Any word or phrase which is defined in this section, or elsewhere in these regulations, shall
have the meaning as so defined whenever the word or phrase is used in these regulations,
unless such definition is expressly limited in its meaning or scope.
F. Any word or phrase that is not defined in this section, or elsewhere in these regulations,
shall have its plain and commonly accepted meaning.
G. Definitions contained in Chapter 117, Vermont Statutes Annotated, shall be applicable
throughout these regulations.
2.02 Specific Definitions
Abandonment. The relinquishment of property, or a cessation of the use conducted on the
property for a period of six (6) months within a twelve (12) month period, by the owner, tenant, or
lessee, for reasons other than an act of God or access impeded by government action.
Accessory structure or building. A structure detached from a principal building on the same lot and
customarily incidental and subordinate to the principal building or use. The accessory structure
shall be located on the same lot. Prefabricated buildings may be regulated as accessory structures.
Any portion of a principal building developed or intended to be devoted to an accessory use is not
an accessory structure. Where an accessory building is attached to the principal building in a
substantial manner, as by a wall or roof, the accessory building shall be considered part of the
principal building. Private garages must meet applicable setback requirements for principal
structures. Utility cabinets that meet the requirements of Section 13.18 shall not be considered
accessory structures.
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or
purpose is incidental and subordinate to the principal use of the building or land. The accessory use
shall be located on the same lot. An accessory use shall not be accessory to another accessory use.
Adjacent. Either abutting or directly across the street.
Administrative Officer. That person appointed by the City Manager and who has any other
authority these Regulations may confer upon him or her, and any Assistant Administrative Officer
to administer the Regulations and to issue zoning permits. In the absence of a designated zoning
officer, the City Manager shall function as the Administrative Officer.
Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie
theater, cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in
the performance of their duties or material is available depicting person or persons in a state of
nudity. Nudity shall be as defined in the South Burlington Adult Use Ordinance.
Affordable housing. This shall mean either of the following:
(A) Housing that is owned by its inhabitants, whose gross annual household income does
not exceed eighty percent (80%) of the county median income, as defined by the United
States Department of Housing and Urban Development, and the total annual cost of the
housing, including principal, interest, taxes and insurance, is not more than thirty percent
(30%) of the household’s gross annual income.
OR
(B) Housing that is rented by its inhabitants whose gross annual household income does not
exceed sixty-five percent (65%) of the county median income, as defined by the United
States Department of Housing and Urban Development, and the total annual cost of the
housing, including rent, utilities, and condominium association fees, is not more than thirty
percent (30%) of the household’s gross annual income.
Affordable housing development. A housing development of which at least fifty percent (50%) of
the units are affordable housing units.
Agent of owner. Any person who can show written proof that he has authority to act for the
property owner.
Agriculture. The production, keeping, or maintenance, for sale, lease, educational and research, or
personal use, of plants and animals useful to humans. This may include, but not be limited to
principal uses such as the cultivation of the ground, harvesting of crops, and the rearing and
management of livestock, and necessary accessory uses such as packing, treating, and storing the
produce. The operation of any such accessory use shall be secondary to that of the normal
agricultural activity. Uses and activities may include: forages and sod crops; grains and seed crops;
dairy animals and dairy products, poultry; sheep, horses, or goats, including the breeding and
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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grazing of any or all of such animals; fur animals; trees and forest products; fruits of all kinds;
vegetables; nursery; floral; and greenhouse products; lands devoted to soil conservation or forestry
management program; or any other agricultural or horticultural use as defined by the
commissioner of agriculture and commissioner of forests, parks, and recreation under 10 V.S.A.
sections 1021(f) and 1259(f), or farming as defined in 10 V.S.A. section 6001(22). The keeping of
bees shall be exempt from the regulation of agricultural uses within South Burlington.
Airport. A facility intended and used as the place where one or more fixed-wing or rotary-wing
aircraft is regularly stored, maintained, or repaired while not in flight, and including an area that
the aircraft may use to take off and land.
Airport uses. Fixed- and rotary-wing operations together with retail sales and service operations
related to public, private, and general aviation, including aircraft sales, repair, and storage,
commercial shipping and storage, restaurants, rental vehicles, and other uses designed to serve
aviation passengers and industry.
Alteration. Any act or process that changes one or more of the exterior and interior architectural
features or the exit facilities of a structure, including, but not limited to, the erection, construction,
reconstruction, or removal of any structure, any change in doors or windows, any enlargement to
or diminution of a building or structure, whether horizontally or vertically, or the moving of a
building or structure from one location to another, any increase in height, and any change or
rearrangement in the supporting members of an existing building or structure. The latter acts may
involve bearing walls, columns, beams, girders or interior partitions.
Animal shelter. A place where animals are provided with short-term shelter typically operated by a
humane society or other non-profit organization. Such establishment may have either or both of an
educational component or a residence, occupied by a household with at least one person
employed full or part time in a caretaking capacity for the facility, as an accessory use or additional
principal permitted use on the site. May or may not include associated outdoor exercise facilities.
Apartment. See Dwelling, multi-family.
Applicant. A person submitting an application.
Application for development. The application form and all accompanying documents and exhibits
required of an applicant by an approving authority for development review purposes.
Approved plan. Prior to January 1, 1996, a plan that is conditionally approved under the provisions
of this chapter, unless specifically provided otherwise. After January 1,1996, a plan that has been
granted final approval by the appropriate approving authority.
Approving authority. The agency, board, group or other legally designated individual or authority
that has been charged with review and approval of plans and applications.
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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Area affected. The area of land that is the subject of the proposed action.
Artist production studio. A building or portion thereof used for persons engaged in the application,
teaching or performance of fine arts such as, but not limited to, vocal or instrumental music, dance,
or the creation of original handmade art or craft items.
Attic. The part of a building that is immediately below and wholly or partly within the roof framing.
Auto & motorcycle sales. A business enterprise engaged in the sale of automobiles or motorcycles.
Auto & motorcycle sales, limited. A business engaged in the sale of automobiles and/or
motorcycles not requiring a commercial drivers license (CDL) to operate, with not more than five
(5) vehicles for sale on the premises at any one time.
Auto & motorcycle service and repair. A business enterprise engaged in the servicing and repair of
automobiles and/or motorcycles, including auto body repair or auto detailing, including the sale
and installation of automobile and/or motorcycle parts and accessories. Includes Auto &
Motorcycle Sales, Limited in conformance with these regulations.
Bar. (A) A business enterprise or part thereof used primarily for the retail sale or dispensing of
liquor or alcoholic beverages for consumption on the premise, or (B) the part of a building,
structure, or premise of a private club, association or organization that dispenses liquor or alcoholic
beverage for consumption on the premises. Also known as a tavern or lounge.
Basement. That portion of a building that is partly or completely below the average pre-
construction level of the adjoining ground. A basement shall be considered as a story where the
finished surface of the floor above the basement is: (1) More than four (4) feet above the average
pre-construction level of the adjoining ground, or (2) More than twelve (12) feet above the pre-
construction ground level at any point.
Bed and breakfast. A detached single-family residence with four or fewer rooms for rent,
accommodating a maximum of ten guests, for short-term overnight lodging by the day or by the
week. The single-family residence must be the primary residence of the owner or operator of the
bed and breakfast. Employment shall not exceed one (1) full-time employee in addition to the
owner. Only a morning meal may be provided to guests. Bed and breakfasts are also known as
tourist homes.
Block. A unit of land bounded by streets or by a combination of streets and public land, railroad
rights-of-way, waterways, or any other barrier to the continuity of development.
Building coverage. The ratio of the horizontal area measured from the exterior surface of the
exterior walls of the ground floor of all principal and accessory buildings on a lot to the total lot
area.
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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Building footprint. The area of land physically occupied by a building on the ground, including any
deck, porch, or other appurtenant structure attached to the building, and any area of land over
which any portion of a building or appurtenant structure overhangs. The building footprint does
not include uncovered patios, walkways, driveways, landscaping or other unattached structures.
Buffer strip. Land area used to visually obstruct or spatially separate one use from another or to
shield or block noise, light, or other nuisances. A strip may be required to include fencing, berms,
shrubs, and/or trees. A buffer is typically placed between a structure or use and a side or rear
property line.
Build-to line. A line extending through a lot that is generally parallel to the front property line and
marks the location from which the principal vertical plane of the front building elevation must be
erected; intended to create an even building façade line on the street. The build-to line is
established on the final plat or site plan.
Buildable area. The area of a lot remaining after the minimum yard and open space requirements
of the Land Development Regulations have been met.
Building. A structure having a roof supported by columns or walls, and used or intended for the
shelter or enclosure of persons, animals, or equipment, goods, or materials of any kind. The
connection of two buildings by means of an open porch, breezeway, passageway, carport, or other
such open structure, with or without a roof, shall not be deemed to make them one building.
Buildings shall be classified as Principal or Accessory.
Building coverage. See lot coverage.
Building face. The dominant structural feature of the elevation of any side of a building. For
example, the building face of a two-story structure with a one-story porch is the two-story
elevation of the building.
Building line. The line, parallel to the street line, that passes through the point of the principal
building nearest the front lot line.
Building, principal. A structure in which is conducted the principal use of the site on which it is
situated. In any residential district, any dwelling shall be deemed to be a principal building on the
lot on which it is located.
Building width. The average length of a building measured along the side most closely parallel to
its adjacent public street(s).
Bulk requirements. Standards that control the height, density, and location of structures.
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Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground
containers or areas for subsequent resale to distributors or retails dealers or outlets and not
directly to the consuming public.
Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted.
Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven
buses and loading and unloading of passengers. Bus terminals may include ticket purchase
facilities, but shall not include bus maintenance facilities. Bus terminals may also include hubs
where three or more routes converge and allow the transfer of passengers between routes.
Business services. Establishments primarily engaged in rendering services to business
establishments on a fee or contract basis, such as advertising and mailing, building maintenance,
employment service, management and consulting service, protective service, equipment rental and
leasing, commercial research, development and testing, photo finishing, and personal supply
service.
Bylaws. Zoning regulations, subdivision regulations, or an Official Map adopted under the authority
of 24 VSA Chapter 117.
Caliper. The diameter of a tree trunk measured at six inches above the ground for trees up to and
including four-inch caliper size, and as measured at 12 inches above the ground for larger sizes.
Campus. The premises of a public or private college, university, school, hospital, or other
institution.
Cannabis Dispensary. a nonprofit entity registered under section 18 VSA 4474e which acquires,
possesses, cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana,
marijuana-infused products, and marijuana-related supplies and educational materials for or to a
registered patient who has designated it as his or her center and to his or her registered caregiver
for the registered patient’s use for symptom relief. A dispensary shall not be located within 1000
feet of the property line of a preexisting public or private school or licensed or regulated child care
facility.
Cannabis Dispensary (dispensing only). A portion of a cannabis dispensary providing
marijuana for symptom relief to registered patients.
Cannabis Dispensary (cultivation only). A portion of a cannabis dispensary where the
marijuana is cultivated.
Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade
a minimum of twelve hundred (1,200) square feet.
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Capacity study. An inventory of available natural and human-made resources, based on detailed
data collection, which identifies the capacities and limits of those resources to absorb land
development. Data gathered, relevant to the geographic information system, shall be compatible
with, useful to, and shared with the geographic information system established under 3 V.S.A. § 20.
Car wash. A building or premises or portion thereof used for washing motor vehicles, whether by
automatic device or self-service.
Cellar. A space partially or fully below ground level and with a floor-to-ceiling height of less than six
and one-half (6.5) feet. Cellars shall not be counted as a story in the computation of the intensity of
land use development or of gross floor area. See also Basement.
Certificate of occupancy. A required permit allowing occupancy of a building, structure, or premise
after it has been determined that all requirements of applicable ordinances have been met.
Change of use. The modification of a use of a building or land, or the replacement of a use of a
building or land with another use or uses, or the addition of a use or uses to a building or land, or
the cessation of a use or uses of a building or land.
Child care facility. An establishment operated as a business or service on a regular or continual
basis, whether for compensation or not, to provide care, protection, supervision and/or education
for children under the age of 16 outside their homes for periods of fewer than 24 hours a day by a
person other than a child's own parent, guardian or relative as defined by rules adopted by the
Vermont Department for Children and Families, but not including a kindergarten approved by the
State Board of Education.
Licensed family child care home: A child care facility which provides care on a regular basis
in the caregiver’s own residence for not more than 12 children at any one time and which
complies with all State of Vermont requirements for licensure of child care facilities.
Licensed non-residential child care facility: A child care facility operated outside of the
caregiver’s own residence which complies with all State of Vermont requirements for
licensure of child care facilities.
Registered family child care home: a child care facility which provides for care on a regular
basis in the caregiver's own residence for not more than 10 children at any one time. Of this
number, up to six children may be provided care on a full-time basis and the remainder on a
part-time basis. For the purpose of this subdivision, care of a child on a part-time basis shall
mean care of a school-age child for not more than four hours a day. These limits shall not
include children who reside in the residence of the caregiver; except:
(A) these part-time school-age children may be cared for on a full-day basis during
school closing days, snow days and vacation days which occur during the school year;
and
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(B) during the school summer vacation, up to 12 children may be cared for provided that
at least six of these children are school age and a second staff person is present and on
duty when the number of children in attendance exceeds six. These limits shall not
include children who are required by law to attend school (age 7 and older) and who
reside in the residence of the caregiver.
Chimney. A structure containing one or more flues for drawing off emissions from stationary
sources of combustion.
Church. See place of worship.
Club. See membership associations.
Commercial greenhouse. A structure and the land surrounding it in and on which plants,
vegetables, flowers, and similar materials are grown for sale or are sold. Such land and
greenhouses are also known as nurseries.
Commercial vehicle. Any motor vehicle licensed as a commercial vehicle.
Community center. A building or structure used for recreational, social, educational, health,
cultural, or other similar activities. Services within the facility may be offered by one or more public
or nonprofit entities.
Community residence or shelter. See group home.
Complete application. An application form completed as specified by ordinance and the rules and
regulations of the municipal agency and all accompanying documents required by ordinance for
approval of the application. The application shall be certified as complete as soon as all
requirements specified in the ordinance and rules and regulations have been met.
Concept plan. See plan, sketch.
Conditional use. A use permitted in a particular zoning district only upon showing that such use in a
specified location will comply with and conform to all the conditions and standards for the location
or operation of such use as specified in these land development regulations and authorized by the
Development Review Board. In granting approval for a conditional use, the Development Review
Board may attach such additional reasonable conditions and safeguards as it may deem necessary
to implement the purposes of these Land Development Regulations.
Condominium. A building, or group of buildings, in which dwelling units are owned individually,
and the structure, common areas, and facilities are owned by all the owners on a proportional,
undivided basis. There shall be an association of building owners organized for the purposes of
maintaining, administering, and operating the common areas and facilities. Condominium is a legal
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form of real property ownership and not a building style. The purchaser shall have title to his or
her dwelling unit and an undivided interest in parts of the interior of the building, the exterior, and
other common elements. The property shall be identified in a master deed and officially recorded
on a plat. The common elements shall comprise the land underneath and surrounding the building,
certain improvements on the land, and such items as plumbing, wiring, and major utility systems,
the interior areas between the walls, the public interior spaces, exterior walls, streets, and
recreational facilities. Condominiums may be used for residential and non-residential uses.
Congregate housing. A housing facility that has significant facilities and services specifically
designed to meet the physical or social needs of older or handicapped persons. Significant facilities
and services may include, but are not limited to, social and recreational programs, continuing
education, information and counseling, recreational, homemaker, outside maintenance and
referral services, emergency and preventive health care programs, congregate dining facilities, and
transportation to social, medical, or personal services. This is not a group home; see definition
below.
Consolidation. The removal of lot lines between contiguous parcels.
Construction. The act of adding to, altering, or extending an existing structure or the erection of a
new principal or accessory structure on real property.
Contractor or building trade facility. A facility, including offices, used for the conduct of building,
contracting and related trades that conduct a majority of business activity off-site. Such use may
include the indoor storage, maintenance, and processing of vehicles, equipment, merchandise and
materials used in the conduct of the business, and other customary and incidental activities directly
related to the conduct of the business.
Contractor’s yard. An establishment or place of business primarily engaged in selling merchandise
to retailers; to industrial, commercial, institutional, or professional business users; to other
wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies. A contractor’s yard is typically a wholesale trade operation, but may
also have retail trade or have some portion allocated to retail trade. Typical uses include lumber
yards, mill work yards, and stone or masonry yards and may also include storage of materials,
merchandise and equipment incidental to the principal business and not necessarily for sale.
Convenience store. A retail establishment, typically less than 3,000 square feet in area, offering for
sale prepackaged or prepared food products, household items, newspapers and magazines, and
may include sandwiches and other freshly prepared foods for off-site consumption.
Conversion. A change in the use of land or a structure.
Court. Any open, uncovered, and unoccupied area, other than a yard, that is bounded by two or
more attached building walls and unobstructed from ground to sky. This definition shall not
preclude the inclusion of "court" in the name of a building or buildings.
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(A) Inner Court. An open area, unobstructed from the ground to the sky that is entirely
within the exterior walls of a building.
(B) Outer Court. An open area, unobstructed from the ground to the sky which is
bounded on not more than three sides by the exterior walls of one or more buildings
OR Any court that is not an inner court.
Covenant. A restriction on the use of land set forth in a written document or plat. The restriction
runs with the land and is binding upon subsequent owners of the property.
Cultural facility. An indoor or outdoor auditorium, theater, or other building or structure designed
for or primarily used for music, drama, dance, or other live performances, or museum or gallery
operated primarily for the display and not sale of works of art.
Curb. A boundary usually marking the edge of the roadway or paved area.
(A) Curb cut. The opening in the curb, measured at the property line, at which point
vehicles may enter or leave the property.
(B) Curb level. The permanently established grade of the curb top in front of the center
of the building, the lot, or portion thereof under consideration. Where no curb level
has been established, the level of the ground at the center of the traveled portion of
the street shall be considered the equivalent of the curb level. Where the building
does not adjoin the street, the average level of the proposed grade line of the
ground immediately adjacent to the building as shown on the building plans shall be
considered the curb level.
(C) Curb return. The connecting link between the street curb and the ramp curb.
Customary home occupation. An occupation or activity carried out for gain secondary to and
typically incidental to the use of the dwelling unit by a resident thereof. The conduct of the home
occupation shall be clearly accessory to the use of the dwelling unit for living purposes. The home
occupation shall not change the character of the dwelling unit or accessory structure in which it is
located. See Section 13.02 for home occupation regulations.
Cut. A portion of land surface or area from which earth has been removed or will be removed by
excavation. Cut shall also refer to the depth below the original ground surface or excavated
surface.
Day care facility, adult. An establishment operated as a business or service on a regular or
continual basis, whether for compensation or not, to provide care, protection, supervision and/or
education for adults with physical, emotional or cognitive impairment who require assistance and
supervision or those who need restorative or rehabilitative services. Such services are provided
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outside the adult's home for periods of fewer than 24 hours a day by persons other than the adult's
parent, guardian or relative. An adult day care facility shall constitute a day care center. The center
shall be licensed and operated in accordance with state law.
Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or
improvement.
Development. (A) The carrying out of any change to improved or unimproved land, including but
not limited to the construction, reconstruction, conversion, structural alteration, relocation,
enlargement or use of any structure or parking area; (B) any mining, excavation, dredging, filling,
grading, drilling or any land disturbance; (C) any use or extension of the use of the land, or (D) the
subdividing of land into two or more parcels.
Development Review Board. The Development Review Board or "DRB" of the City of South
Burlington created pursuant to 24 VSA Chapter 117.
Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit.
Dish antenna. Any parabolic or part-spherical device, also known as a satellite dish antenna or
earth station, whose purpose is to receive and/or transmit microwave or other electronic
communication signals from and/or to satellites or other instruments for television, radio, data,
imagery, or other forms of telecommunications. A typical device contains a combination of four
main elements: the antenna or dish, its support structure, the amplifier, and a cable that carries the
signal to and/or from a receiver and/or transmitter inside the building.
District. A part, zone, or geographic area within the City of South Burlington within which certain
zoning or other land development regulations apply.
Disturbed land. Any soil on a construction site or associated support activities (e.g. staging area,
borrow area, disposal site for excess fill) that is exposed to the erosive effects of wind, rain, or
runoff due to construction or construction related activities.
Domicile. A residence that is a permanent home to an individual.
Dormer. A window vertical in a roof or the roofed structure containing such a window. The height
of a dormer shall be from its base to its peak, inclusive.
Dormitory. A building containing bathroom facilities for the common use of residents of the
building which is occupied or intended to be occupied as a dwelling by persons not related by
blood, marriage, fosterage or adoption but who are enrolled, affiliated with, or employed by the
same educational, religious, or health institution. Dormitory shall not include a rooming house,
guest home, tourist home, bed and breakfast, hotel, motel, group home, congregate housing, or
health institution. A dormitory is a type of group quarters; see definition below.
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Drainage. (A) Surface water runoff; (B) the removal of surface water or groundwater from land by
drains, grading, or other means which include runoff controls to minimize erosion and
sedimentation during and after construction or development; or (C) the means for preserving the
water supply and the prevention or alleviation of flooding. Drainage area is also known as a ‘sub-
watershed.’
Drainage area. That area in which all of the surface runoff resulting from precipitation is
concentrated into a particular stream, water body, or other discharge point.
Drainage system. Pipes, swales, natural features, and manmade improvements designed to carry
drainage.
Drainage way. With the exception of major and minor streams, all other streams, watercourses or
drainage ways natural in origin and having a clearly defined channel with intermittent or full year
flow of water.
Drive-through use. An establishment which by design, physical facilities, service, or by packaging
procedures encourages or permits customers to receive services, goods, or be entertained while
remaining in their vehicles. The drive-in use may be the principal or accessory use on a lot.
Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other
structure and generally subordinate in nature to a street. A driveway may be shared among
structures, but its function is generally subordinate to a street or shared access way.
Duplex. See Dwelling, two-family.
Dwelling unit. A building or portion thereof designed, used, constructed or occupied as separate
living quarters for one (1) household which includes independent and exclusive cooking, sleeping,
and sanitary facilities for a household, and direct access to the unit from the outside of the building
or through a common hall.
Dwelling, single-family. A building that contains one (1) principal dwelling unit and that is
not attached to any other dwelling by any means and has no roof, wall, or floor in common
with any other dwelling unit. This is also known as a detached or one-family dwelling.
Dwelling, multi-family. A structure containing three (3) or more dwelling units, with the
number of families in residence not exceeding the number of dwelling units provided.
Access to units may be from a common hall or from individual entrances. This may also be
known as an apartment house, apartment building, or garden apartment.
Dwelling, two-family. A building containing two (2) principal dwelling units that are entirely
separated by vertical walls or horizontal floors, unpierced except for access to the outside
or to a common cellar. The units may share a common stairwell exterior to both dwelling
units and with access to the outside. There may be a common cellar but not a common
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basement. Each dwelling is located on its own separate lot. This type of dwelling shall also
be known as a duplex.
Dwelling, townhouse or rowhouse. A dwelling unit located in a row of at least three (3)
attached such units in which each unit has its own front and rear access to the outside, no
unit is located over another unit, and each unit is separated from any other unit by one or
more common fire resistant walls. The row of dwelling units shall be designed and built as a
single structure facing upon a street.
Dwelling unit, attached. A dwelling unit sharing a common side or rear wall(s) with another
dwelling unit or units and having its own separate entrance or entrances to the outside. This
may also be known as a townhouse or rowhouse.
Easement. A grant of one or more of the property rights by the property owner to and/or for the
use by the public, a corporation, or another person or entity.
Educational facility. A facility used for or in support of education, instruction, or research in any
branch of knowledge including private and public elementary and secondary schools, colleges, and
universities.
Element. A component of a plan.
Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of
the front, rear, or side of a building.
Erosion. The process by which the ground surface is worn away by the action of wind, water,
gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments.
Establishment. An economic unit, generally at a single physical location, where business is
conducted or services or industrial operations are performed.
Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral
substances, or organic substances other than vegetation, from water or land on or beneath the
surface thereof, or beneath the land surface, whether exposed or submerged.
Existing grade or elevation. The vertical location of the ground surface prior to excavation or filling.
Existing use. The use of a lot or structure at the time these land development regulations were
enacted.
Exterior architectural features. The architectural character and general composition of the exterior
of a structure, including but not limited to, the kind and texture of the building material and the
type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements
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and natural features when they are integral to the significance of the site, all of which are subject
to public view from a public street, way or place.
Family. See household.
Farm. Any tract of land containing at least three (3) acres which is used for dairying or for the
raising of agricultural products, horticultural or agronomic products, forest or silvicultural products,
livestock, poultry, or carrying out other practices associated with accepted agricultural or farming
practices, as farming is defined in 10 VSA Section 6001(22), and which may include accessory
structures for the sale of such products from the premises where produced, and which may include
farm structures as regulated by 24 VSA Section 4413(d).
Farm Structure. A building, enclosure, or fence for housing livestock, raising horticultural or
agronomic plants, or carrying out other practices associated with accepted agricultural or farming
practices, including a silo, as “farming” is defined in 10 VSA Section 6001(22), but excludes a
dwelling.
Fence. Any material or combination of materials erected to enclose, screen, or separate areas of
land. Fences may be of an open (e.g. picket), semiopen, or closed (e.g. brick or stone) style. Closed
fences may also be known as walls.
Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by
humans, for purposes of creating a new elevation of the ground.
Final approval. The last official action of the approving agency or board taken on a development
plan which has been given preliminary approval, after all conditions and requirements have been
met, and the required improvements have been installed or guarantees properly posted for their
installation, or approval conditioned upon the posting of such guarantees.
Financial institution. A use of structure in which financial, pecuniary, fiscal, or monetary services
are made available to the public, including but not limited to depository institutions (e.g., banks,
credit unions, savings and loans), non-depository institutions (e.g., credit agencies, loan brokers),
holding companies (but not predominantly operating companies), other investment companies,
brokers and dealers in securities and commodities contracts, and security and commodity
exchanges.
Finish elevation. The proposed elevation of the land surface of a site after completion of all site
preparation work. See also grade, finished.
Flag lot. See lot, flag.
Floating zone. An unmapped zoning district. Requirements are contained in the relevant article.
The floating zone is fixed on the map only when an application for development, meeting the zone
requirements, is approved.
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Floor area. The gross area of all floors of all principal and accessory buildings on a lot, measured
from the exterior face of the exterior walls, or in the case of a common wall separating two
buildings, from the center line of such common walls. Gross floor area shall include such features
as porches, balconies, breezeways, walkways, and raised platforms, if each is enclosed.
Floor area ratio (FAR). The allowable proportion of total gross square feet of principal and
accessory building area to total lot size. The ratio is an expression of the intensity of development.
For example, an F.A.R. of 1.0 would allow one square foot of building area to be constructed for
each square foot of lot area; an F.A.R. of 4.0 would allow four square feet of building area for each
square foot of lot area. A floor area ratio (FAR) of 1.0 could be a 40,000 square foot building on a
40,000 square foot lot. It could be a 10,000 square foot building on 4 floors or a 20,000 square foot
building on 2 floors. An FAR of 0.5 would be a 20,000 square foot building on a 40,000 square foot
lot.
Fraternity or sorority house. A dwelling or dwelling unit maintained exclusively for fraternity or
sorority members and their guests or visitors and affiliated with an academic or professional
college, university, or other institution of higher learning.
Frontage. (A) That boundary of a lot abutting a public street; (B) the front
lot line.
Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel,
gasoline, or kerosene above or below ground.
Garage, private. A detached or attached accessory building, or part thereof, used or intended to be
used only for the storage of private passenger vehicles belonging to the residents, employees, or
visitors of the premises.
Garden apartment. See Dwelling, multi-family.
Gasoline filling station. A building, place of business, land area, or other premises, or portion
thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other
vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires,
lubricants, and other automobile accessories and retail items. Minor repair service may also be
rendered. See service station.
General merchandise store. See retail sales.
Grade. The elevation of the land or land level at a specific point.
(A) Grade, finished. The final, average elevation of the ground immediately adjacent to the exterior
walls of a building after development, measured as the degree of rise or descent of a sloping
surface.
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(B) Grade, natural. The elevation of the ground surface in its natural state, before manmade
alterations, measured as the degree of rise or descent of a sloping surface.
Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or
filled condition.
Gross floor area. The sum of all floor areas of all stories of a building, measured from the exterior
face of exterior walls, or from the centerline of a wall separating two attached units or structures.
Group home. A facility or dwelling unit housing persons unrelated by marriage, blood, adoption,
fosterage, or guardianship and operating as a group family household. A group home may be
established as a half-way house, recovery home, or home for orphans, foster children, the
handicapped or disabled, the elderly, or battered children and women. The facility shall be licensed
and operated in accordance with applicable law. It may also be known as a group care facility. It is
not group quarters; see below. A group home to be operated under a state license or registration
serving not more than eight (8) persons who have a handicap or disability as defined in 9 VSA
Section 4501 shall be considered by right to constitute a permitted single family residential use of
property, except that no such home shall be so considered if it is located within 1,000 feet of
another existing or permitted group home. Group Homes so located shall be subject to the use
requirements in Table C-1 of these Regulations.
Halfway house. A place for transitional group living arrangements for persons discharged
from hospitals or prison, or in lieu of hospitalization or imprisonment, characterized by the
presence of live-in staff, emphasizing the development of skills necessary for more
independent living. The facility shall be licensed and operated in accordance with applicable
law.
Community residence. A residential facility or transitional housing for the developmentally
disabled, victims of domestic violence, or homeless persons or households. May also be
known as a “shelter.”
Group family household. A group of individuals unrelated by marriage, blood, adoption,
fosterage, or guardianship living together in a dwelling unit as a single housekeeping unit
under a common housekeeping management plan based on an intentionally structured
relationship providing organization and stability.
Group quarters. A dwelling that houses individuals who are unrelated by marriage, blood,
adoption, fosterage, or guardianship in a group living arrangement of intentionally structured
housing by an organization or institution. This may include fraternities, sororities, dormitories, or
living and learning complexes for a student body or religious order, army barracks, or other similar
institutional use.
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Half story. An uppermost story in which the floor area is as least one-third or less of the floor area
of the story next beneath it, and which has a clear floor to ceiling height of at least seven and one-
half feet.
Hardscaping. The non-living materials, and their use and design, that constitute one component of
landscaping. This includes paving material, walls or fences, concrete, asphalt, stone or other hard
surface that may be used to construct retaining walls, paths, walkways, decks, terraces, accent
features, and fences or enclosures.
Health club. See recreation facility, indoor.
Height. The vertical distance of a building measured from the average preconstruction grade level
at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the
average level between the eaves and the highest point of the roof if the roof is of any other type.
Height calculation of a building shall include rooftop apparatus such as solar collectors, chimneys,
spires, towers, elevator and mechanical penthouses, air conditioning equipment, water tanks,
satellite dishes, radio and television antennas, and similar projections, except as set forth in Section
3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures
shall be exempt from the height limitations. Height of a structure that is not a building shall be
measured from the average preconstruction grade level at the base of the structure to the highest
point of the structure.
Home occupation. A business, profession, occupation, or trade which is conducted within a
dwelling or its accessory structure for the economic gain or support of a resident of the dwelling,
and which is incidental and subordinate to the residential use of the dwelling.
Hospital. A licensed institution providing primary health care services and medical or surgical care
to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical
or mental conditions requiring medical treatment, and including as an integral part of the
institution related facilities such as laboratories, outpatient facilities, and training facilities. It may
include the retail sale of pharmaceuticals and medical supplies as an accessory use.
Hotel. A building or part of a building in which (a) living or sleeping accommodations are used
primarily for transient occupancy on a daily basis and for compensation to the general public, and
(b) one or more common entrances serve all such living or sleeping units, and (c) twenty-four hour
desk service is provided, in addition to one or more of the following services: housekeeping,
telephone, or bellhop service, or the furnishing or laundering of linens. Permitted accessory uses
are restaurants or other public dining facility, bars or lounges, public banquet halls, ballrooms, or
meeting rooms.
Hotel, extended stay. A residential hotel containing (1) small furnished apartment type units
rented on a short term basis each with a kitchen (including stove with an oven or a microwave
oven, minimum twelve (12) cubic foot refrigerator, dishwasher, sink and cooking and eating
utensils), bath, living space and separate bedroom/sleeping space, and (2) a common area which
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shall include three (3) or more of the following: business support facilities, guest only breakfast
facilities, lobby, and recreation space and amenities; but specifically excludes public restaurant(s),
cocktail lounge(s), and banquet meeting rooms containing more than fifty (50) seats. No more than
fifteen percent (15%) of the units shall contain more than one bedroom. Units must be available on
a daily, weekly and monthly basis and shall not be rented to the same occupant for more than one
hundred eighty (180) days in any three hundred sixty-five (365) day period.
House of worship. See place of worship.
Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more
individuals related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and
living as a single housekeeping unit.
Housing unit. See dwelling unit.
Impervious Surface. Those manmade surfaces, including, but not limited to, paved and unpaved
roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than
infiltrates. Impervious surface shall also include, but is not limited to, compacted gravel or soil
surfaces, storage areas, awnings (and other fabric or plastic coverings). Properly installed and
maintained pervious pavement shall not be considered Impervious Surfaces for stormwater
purposes.
Improvement. Those man-made surfaces including paved and unpaved roads, parking areas, roofs,
driveways, and walkways, from which precipitation runs off rather than infiltrates.
Indoor theater. A building or part of a building devoted to showing motion pictures, or for
dramatic, dance, musical, or other live performances.
Indoor vehicle storage. Indoor facility used to store motor vehicles, such as cars, pick-up trucks,
RVs, motor cycles, snowmobiles and boats, but not including aircraft or any vehicle requiring a CDL
operator’s license. Vehicle storage is typically seasonal, and vehicles are not typically accessible to
their owners during the storage period.
Industry. Those fields of economic activity including forestry, fishing, hunting, trapping, mining,
construction, manufacturing, transportation, communication, electric service, gas service, sanitary
service, and wholesale trade.
Inn. See hotel.
Institutional use. A non-profit or quasi-public use or facility such as a place of worship, library,
public or private school, hospital, or municipally owned or operated building, structure, or land
used for public purpose.
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Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in
conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or
disposition. It may include old or scrap metal, rope, rags, batteries, paper, rubber glass, building
materials, household appliances, brush, wood, lumber, plastic, dismantled or wrecked automobiles
or parts thereof, and other old or scrap ferrous or nonferrous
materials.
Junk yard. An establishment, place of business, lot, land, parcel, building or structure that is
maintained or operated for the purpose of storing, keeping, processing, abandoning, buying, or
selling junk, or for the maintenance or operation of an automobile graveyard. The latter is the
presence of two (2) or more unregistered, inoperable motor vehicles.
Kennel, commercial. A lot, premises, use, or structure intended and used for the breeding, training,
sale, and overnight boarding of well dogs, cats, or other small domestic animals belonging to a
person or persons other than the owner of the lot, but not including a veterinary hospital. May or
may not include associated outdoor exercise facilities.
Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of
their home by the business owner during normal business hours, with no overnight boarding,
training, sale, or breeding of pets. May or may not include associated outdoor exercise facilities.
Kennel, private. A structure used for the outdoor accommodation of small domestic animals and
not operated on a commercial basis.
Land development. The construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or other structure, or of any mining, excavation or landfill, and any
change in the use of any building or other structure, or land, or extension of use of land. Land
development shall also include the connection of any dwelling unit located within the Dorset Street
Waterline Service Area as depicted on a plan dated January 30, 1998, to the Dorset Street water
line. Land development shall not include any structural alteration or interior remodeling project
that does not exceed five thousand dollars ($5,000) in construction cost. This exemption does not
apply to a structural alteration which results in an exterior addition or enlargement of any size or
value.
Landscaping. The installation and maintenance of, usually, a combination of trees, shrubs, and
plants, but not including bare soil, uncultivated vegetation, impervious surfaces, and gravel.
Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets
the specification of “American Standards for Nursery Stock” published by the American Association
of Nurserymen. See also canopy tree.
Legislative body. The City Council of the City of South Burlington.
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Light manufacturing. The processing and fabrication of certain materials and products where no
process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission
exceeding the City’s performance standards or other regulations therefor. Light manufacturing
includes but is not limited to the production of the following goods: home appliances; electrical
instruments; office machines; precision instruments; electronic devices; timepieces; jewelry;
optical goods, musical instruments; novelties; wood products; printed material; lithographical
plates; type composition; machine tools; dies and gages; ceramics; apparel; lightweight non-ferrous
metal products; plastic goods, pharmaceutical goods; and food products, but not animal
slaughtering, curing, nor rendering of fats.
Loading space. A space or berth available for the loading and/or unloading of goods from
commercial vehicles.
Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all
in common ownership and designated as a single parcel, established and recorded by plat,
subdivision, or otherwise permitted by law to be used or intended to be used by a principal
building or a group of such buildings and accessory buildings, or utilized for a principal use and uses
accessory or incidental to the operation thereof, together with such open spaces as required by
these land development regulations. Lot boundaries are (A) established by a deed or deeds
recorded in the land records of the City of South Burlington, and the records of any public road
right-of-way; or (B) shown on a plat approved by the South Burlington Development Review Board
pursuant to subdivision and/or land development regulations, provided such approval has not
expired.
Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street in
such a way that the front building line meets either side lot line at interior angle of less than 135
degrees. The point of intersection of the street lot lines is the corner. A corner lot shall be deemed
to have two front yards and two side yards and no rear yard.
Lot, flag. (A) A lot with no frontage on or abutting a public road and where access to the public
road is by a narrow right-of-way usually granted by easement over another lot with the normally
required lot frontage, or (B) A lot for which access is provided by a narrow projection of the lot at
least fifteen (15) feet in width connecting said lot to a public street. A driveway accessible by
emergency equipment must be located on the projection.
Lot, interior. A lot other than a corner lot and with frontage only on one street.
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Figure 2-1, Lots and Yards
Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size requirements
and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall
constitute a single lot, except that: (A) contiguous lots which as of June 7, 1947 were devoted to
separate and independent uses shall constitute separate lots so long as such lots continue to be
devoted to separate and independent uses; or (B) contiguous lots which are devoted to uses
approved as separate uses under the South Burlington Land Development Regulations shall
constitute separate lots provided such uses are conducted in compliance with the terms and
conditions of the approvals granted; or (C) contiguous lots which are shown on a plat approved by
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the South Burlington Development Review Board or Planning Commission pursuant to City
regulations shall constitute separate lots provided such approval has not expired.
Lot, through. A lot other than a corner lot with frontage on more than one street.
Lot area. The total area within the lot lines of a lot, excluding any street rights-of-way.
Lot coverage. The total area covered by all principal and accessory buildings and impervious
surfaces on a lot, unless otherwise specified in these Regulations. See also ‘building coverage.’
Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and
rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to
rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these
lines.
Lot frontage. The continuous length of the front lot line measured along the public street right-of-
way line, or the length within a lot of a continuous line parallel with the street and measured along
the minimum required front yard.
Lot line. A property line of record bounding one lot from another lot or from a public or private
street or any other public or private space.
Lot line, front. The lot line separating a lot from a street right-of-way. In the case of a
through lot, the lot shall be deemed to have two front yards which shall each meet the
required front yard setback and all other requirements of this ordinance to front yards, and
shall be deemed to have two side yards and no rear yard. A corner lot shall be deemed to
have two front yards and two side yards and no rear yard.
Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot
line is ten (10) feet or less in length, or if the lot comes to a point at the rear, the rear lot
line shall be deemed to be a line parallel to the front lot line. In this case, the rear lot line
shall be a line not less than ten (10) feet long at the greatest distance from the front lot line
and lying wholly within the lot.
Lot line, side. Any lot line other than a front or rear lot line.
Lot line, street. A lot line separating a lot from a street.
Lot owner. A lot owner is the record owner of fee title to a lot.
Lot width. The distance between the side lot lines measured along a minimum front or rear setback
line, as established by these land development regulations. If no setback is required for the lot
according to these land development regulations and neither setback nor build-to line has been
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established on a previously recorded plat or site plan, lot width is the distance between the side lot
lines measured along the street right-of-way.
Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installation
or assembly on the dwelling site, which is at least eight (8) feet in width and at least thirty (30) feet
in length, which bears a seal that it was built to the standard pursuant to the “National
Manufactured Housing and Construction Safety Standards Act of 1974,” 42
U.S.C. Sec.5401 et seq., which is placed upon a permanent foundation which meets the installation
and foundation requirements of the State of Vermont, but which is not constructed or equipped
with a permanent hitch or other device allowing it to be moved other than for the purpose of
moving to a permanent site, and which does not have permanently attached to its body or frame
any wheels or axles. A manufactured home shall be connected to required utilities.
Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials
or substances into new products including the assembling of component parts, the manufacture of
products, and the blending of materials.
Master deed. A legal instrument under which title to real estate is conveyed and by which a
condominium is created and established.
Master plan. A plan intended to guide the arrangement of developed and undeveloped areas and
streets within a land development project.
Membership association or organization. A group of people organized for a common purpose to
pursue common goals, interests, or activities, usually for social, recreational, or educational
purposes. Such association or organization is usually characterized by certain formal membership
qualifications, payment of fees or dues, regular meetings, and a constitution and/or by-laws. Such
associations or organizations may also be known as clubs, civic, social, fraternal organizations,
trade associations, professional organizations, unions, political organizations, and religious
organizations, and may include such groups as local civic clubs and associations or local chapters of
national associations, and fraternal organizations. Association or organization shall also refer to the
land, establishment, or facilities owned, leased, occupied, and/or operated by the organization. The
members of the organization shall have a financial interest in and method of control over the
assets and management of the association or organization. The building or facility may have
accessory uses such as recreational facilities or banquet facilities and overnight lodging for
members but not including the sale of goods and services to the public on the premises on a
regular basis or commercial outdoor recreational or entertainment activities. Associations or
organizations shall not include establishments operated for pecuniary gain, such as tennis or health
clubs.
Mixed-rate housing development. A housing development that has both market rate and below
market rate dwelling units.
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Mixed use. A structure or development that is occupied by a nonresidential use and a residential
use, or by a mix of non-residential uses such as office, manufacturing, retail, public, or
entertainment uses.
Mobile home. A movable or transportable dwelling unit of at least eight (8) feet in width and
thirty-two (32) feet in length, constructed to be transported on its own chassis and including one or
more components for transporting the unit.
Modular home. A dwelling unit that is constructed in compliance with the State Building Code and
composed on components substantially manufactured and assembled in an off-site manufacturing
facility and transported to the dwelling site for final assembly and a permanent foundation and
connection to the required utilities.
Motel. A building or group of buildings which (A) contains living and sleeping accommodations
used primarily for transient occupancy to the general public on a daily basis for compensation, with
the exception of the manager's or caretaker's unit, and (B) has convenient access to parking spaces
for the use of the unit's occupants by way of separate entrances or groups of separate entrances,
outside the main building, into the individual units.
Motor freight terminal. A building, structure, or area in which trucks, including tractor or trailer
units, are parked, stored, or serviced, including the transfer, loading, or unloading of goods. A
terminal may include facilities for the temporary storage of loads prior to trans-shipment.
Multi-family unit. See Dwelling, multi-family.
Municipal land use permit. Any of the following whenever issued: A. A zoning, subdivision, site
plan, zoning permit or other approval pursuant to these Regulations, any of which relate to “land
development” as defined in this Article, which has received final approval from the applicable
board, commission or officer of the municipality; or B. a septic or sewage system permit issued
under any municipal ordinance; or C. final official minutes of meetings which relate to the permits
or approvals described in (A) or (B) above which serve as the sole evidence of such permit or
approval; or C. a certificate of occupancy, certificate of compliance or similar certificate which
relates to the permits or approvals described in (A) or (B) above; or D. an amendment of any of the
documents listed in (A) through (B) above.
Municipal building. A building or structure owned and operated by a Vermont municipal
corporation or union municipal district to house municipal functions, agencies, or offices, and
which may or may not be open to the general public.
Natural drainage flow. The pattern of surface and stormwater drainage from a particular site
before the construction or installation of improvements or prior to any regarding.
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Natural materials. Indigenous materials such as plants, shrubs, trees, wood that is stained or
painted a neutral brown or grey color, unpainted stone, and unpainted brick. “Natural materials”
shall not include glass or concrete for purposes of these Regulations.
Night club or private club. An establishment dispensing liquor and/or meals and in which music,
dancing, or entertainment is conducted.
Nonconforming lot or parcel. A lot or parcel that does not conform to the present Regulations
covering dimensional requirements but that was in conformance with all applicable laws,
ordinances and regulations prior to the enactment of the present bylaws, including a lot or parcel
improperly authorized as a result of error by the administrative officer.
Nonconforming use. A use of land that does not conform to the present bylaws but did conform to
all applicable laws, ordinances, and regulations prior to the enactment of the present Regulations,
including a use improperly authorized as a result of error by the administrative officer.
Nonconforming structure. A structure or part thereof that does not conform to the present
Regulations but was in conformance with all applicable laws, ordinances and regulations prior to
the enactment of the present bylaws, including a structure improperly authorized as a result of
error by the administrative officer.
Nonconformity. A nonconforming use, structure, lot, or parcel.
Non-point runoff. Surface water entering a stream or drainage way from no definable discharge
source.
Not-for-profit organization. An entity organized, managed, and existing as a nonprofit or not for
profit corporation under Title 11B, Chapter 1, of the Vermont Statutes Annotated.
Nuisance element. Any environmental pollutant, such as noise, radioactivity, vibration, glare,
smoke, odor, air pollution, dust, liquid waste, solid waste, or heat.
Nursery. See commercial greenhouse.
Nursery school. See day care facility.
Nursing home or convalescent home. See skilled nursing facility.
Office. A room or group of rooms used for conducting the affairs of a business, profession, service,
industry, or government.
Office, medical. Any establishment where human patients are examined and treated by doctors,
dentists or other medical professionals but not hospitalized overnight. Medical office may include
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as an ancillary use the assembly, fitting, testing and sale of products directly related to the medical
service provided in the same establishment.
Office building. A building used primarily for conducting the affairs of a business, profession,
service, industry, or government, or like activity, that may include ancillary services for employees
and visitors such as a restaurant or coffee shop, and newspaper/candy stand as permitted by these
Land Development Regulations. This may also be known as a professional building. Building
occupancy may be limited to one tenant or more tenants and/or the building’s owner.
Official Map. The legally adopted Official Map of the City of South Burlington pursuant to
subsection 3 of section 4401 Title 24 VSA Chapter 117, as amended.
Open space. Any area which is not divided into private or public building lots, streets, rights-of-
way, easements, or parking for purposes other than open space conservation. Such area shall be
essentially unimproved and set aside, dedicated, designated, or reserved for public or private use
or enjoyment.
Open space, common. Land within or related to a development, not individually owned or
dedicated for public use, which is designed and intended for the common use or enjoyment
of the residents or employees of the development, and may include such complementary
structures and improvements as are necessary and appropriate.
Open space, public. Open space owned in fee or by a public agency, land trust, or non-
profit organization and maintained for the use and enjoyment of the general public, health,
safety, and welfare of the general public, habitat preservation, or preservation of other
public goods such as landscape or scenic vista preservation.
Outdoor display. An outdoor arrangement of products for sale, together with accompanying
display structure, typically not in a fixed position and capable of rearrangement, and typically with
products brought indoors when the business is closed.
Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or
vehicles in the same place for more than twenty-four hours.
Owner. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant
or tenant in the entirety with legal title to the whole or to part of a structure or parcel of land.
Parcel. A lot or tract of land or water that is capable of being described in definitive terms with
respect to its location and boundaries.
Park. Any land owned by the public and open for use by the general public for active or passive
recreational purposes or as a refuge for wildlife.
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Parking area, facility, or lot. An off-street public or private land area designed and used or
intended for use for the temporary storage of motor vehicles and usually surfaced and improved.
Such facility may be a garage or multi-modal center.
Parking, commercial or private. A parking area owned by a business establishment, membership
association or organization, place of worship, or similar use and made available by the owners or
occupants for the exclusive use of clients, customers, employees, members, owners, tenants,
lessees, or occupants of said business establishment, membership association or organization,
place of worship, or similar use. Such commercial or private parking may or may not exist on the
same lot as the principal use.
Parking, public. A municipally owned parking area available to the public and therefore not for the
exclusive use of the customers or employees of the lot on which the parking area is located. A
public parking facility may or may not require payment of a fee.
Party driveway. A commonly shared or used vehicular way that connects or serves two (2) or more
parcels.
Performance standards. A set of criteria or limits established by these land development
regulations relating to nuisance elements that a particular use or process shall not exceed.
Permitted use. A use allowed in a zoning district and subject to the restrictions applicable to that
zoning district.
Person. An individual, a corporation, a partnership, an association, and any other incorporated or
unincorporated organization or group.
Personal instruction school. A commercial establishment primarily engaged in providing
instruction. Such instruction may be in any branch of knowledge and may include business schools,
trade schools, vocational schools, drivers’ education, and schools of dance, gymnastics, martial
arts, and similar pursuits.
Personal service. An establishment primarily engaged in providing services involving the care of a
person or his or her apparel, such as barber, hairdresser, beauty or nail salon, shoe shine or repair,
day spa, laundromat, or dry cleaner. "Personal service" shall not include establishments providing
tattoo or body piercing services.
Permeable surface. A material that permits full or partial absorption of stormwater into the
ground.
Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise
cleaned for the purpose of enhancing their aesthetic value or health, but not including any outdoor
exercise facilities.
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Place of lodging. See Hotel.
Place of worship. A building or structure, or groups of buildings or structures, which by design,
construction, or use are primarily intended for the conducting of organized religious services and
associated accessory uses. May also include use of facilities for indoor or outdoor recreation,
community center, or licensed non-residential child care as accessory uses.
Plan. A municipal comprehensive plan adopted pursuant to subchapter 5, section 4385 of Title 24
VSA Chapter 117.
Plan, final. A map and site plan representing a tract of land, showing all requird elements of a site
plan and which is presented to the Development Review Board or Administrative Officer for final
approval.
Plan, preliminary. A preliminary map and site plan indicating the proposed layout of the site which
is submitted to the Development Review Board or Administrative Officer for consideration and
preliminary approval.
Plan, sketch. A concept map of a proposed site plan of sufficient accuracy and detail to be used for
the purpose of discussion with the Administrative Officer or Development Review Board.
Planned unit development (PUD). One or more parcels of land to be developed as a single entity,
the plan for which may propose any authorized combination of density or intensity transfers or
increases, as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw
requirements that are otherwise applicable to the area in which it is located with respect to the
area, density or dimensional requirements or allowable number of structures and uses per lot as
established in any one or more districts created under the provisions of these regulations. The
specific requirements of a PUD and the area, density and dimensional provisions that may be
modified are defined in each district in which PUDs are allowed.
Planning Commission. The City of South Burlington Planning Commission, created pursuant to
subchapter 2 of Title 24 VSA Chapter 117.
Plant material. The trees, shrubs, plants, or other ground cover including grass that constitutes the
plant component of landscaping.
Plat. (A) A map representing a tract of land, showing the boundaries and location of individual
properties and streets, or (B) a map of a subdivision.
Plat, final. The final map of all or a portion of a subdivision which is presented to the Development
Review Board for final approval and which, upon approval, shall be recorded with the City Clerk.
Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which is
submitted to the Development Review Board for consideration and preliminary approval.
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Plat, sketch. A concept map of a proposed subdivision of sufficient accuracy and detail to be used
for the purpose of discussion with the Administrative Officer or Development Review Board.
Pre-construction grade. The elevation of the ground level in its natural state, before construction,
filling, or excavation. This is also known as natural grade, and shall be defined as the grade existing
on property on the date of an application under the South Burlington Land Development
Regulations for any development approval (variance, conditional use approval, zoning permit, site
plan approval), unless another grade has been established as the pre-construction grade pursuant
to regulations for the Alteration of Existing Grade. Where land receives subdivision approval from
the Development Review Board, the grade shown on the approved subdivision plat shall constitute
the pre-construction grade, unless modified in accordance with regulations for the Alteration of
Existing Grade.
Private club. See membership association or organization.
Preliminary approval. The conferral of certain rights, prior to final approval, after specific
elements, as required in this ordinance, of a development site plan, master plan, planned unit
development or subdivision have been approved by the Development Review Board.
Principal building. A building in which is conducted or is intended to be conducted the main use of
the lot on which it is located.
Principal use. The primary or predominant use of a lot.
Processing and storage. The storage of materials in a facility where such materials may be
combined, broken down, or aggregated for trans-shipment or storage purposes where the original
material is not chemically or physically changed. Processing and storage is a single term and refers
essentially to a storage and shipment place as opposed to a manufacturing establishment,
distribution center, or truck terminal. Processing and storage shall not include the storage,
maintenance or repair of trucks on a site as a principal or accessory use.
Prohibited use. A use that is not allowed in a zoning district.
Public drainage way. The land reserved, dedicated, or used for the installation of storm water
sewers, swales or drainage ditches, or required along a natural stream or watercourse for
preserving the channel and providing for the flow of water so as to safeguard the public against
flood damage, sedimentation, and erosion.
Public notice. The form of public hearing notice prescribed by subchapter 7, section 4447 of Title
24 VSA Chapter 117.
Public park. Public land that has been designated for park or recreational activities, including but
not limited to a park, playground, nature trail, swimming pool, athletic field, basketball or tennis
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court, pedestrian or bicycle trail, or similar public land within the City that is under the control,
operation or management of the City, County, State, or other subdivision thereof.
Quasi-public use. A use owned or operated by a non-profit, religious, or charitable institution and
providing educational, cultural, recreational, religious, or other similar types of public programs.
Recreation facility. A place designed and equipped for the conduct of active and passive sports,
participatory athletic activities, leisure time activities, and other customary and usual recreational
activities. Excluded are facilities intended for spectator activities such as stadiums and arenas.
Recreation facility, indoor. A facility designed and equipped for the conduct of sports,
leisure activities, and other recreational activities wholly within an enclosed building.
Activities are available on a fee or membership basis primarily for the benefit of persons not
residing on the lot on which the facility is located. Indoor recreation structures may have
accessory uses or structures such as snack bars, locker rooms, and pro shops that are
designed and intended for use by the patrons of the primary use. Examples of such use
include but are not limited to public or private health clubs, tennis or other racquet courts,
swimming pools, YMCAs and YWCAs, health or fitness centers, indoor play areas, training
studios for group recreation activities such as martial arts, gymnastics, and dance, bowling
alleys, shooting ranges, roller rinks, rock climbing walls, and other similar uses.
Recreation facility, outdoor. A commercial establishment designed and equipped for the
organized or unorganized conduct of sports, leisure activities, and other recreational
activities wholly or partially outside of any building or structure. Fields, trails, bodies of
water, or other land may be used for recreational purposes. Where permitted, structures
may include swimming pools, tennis courts, skating rinks, playground equipment, storage
and accessory buildings, similar facilities, and accessory uses such as snack bars, pro shops
and locker rooms. Examples of outdoor recreation include but are not limited to public and
private golf courses, clubs, swimming pools, tennis courts, ball fields, ball courts, driving
ranges, miniature golf courses, skateboard parks, and other similar unenclosed recreation
activities.
Recreation path. A public path, any portion thereof, either existing or planned, that is used by the
general public for recreation.
Recreational vehicle. A motorized or non-motorized vehicle or piece of equipment usually used or
stored on wheels or used in the water and used for leisure time for camping, boating, and
traveling. "Recreational vehicle" shall include personal watercraft, (e.g. Jetskis).
Redemption center. An establishment or location that devotes more than twenty-five percent
(25%) of the gross square footage or more than one thousand (1,000) square feet, whichever is
less, to bottle/can redemption activities (i.e., sorting, storage of bottles/cans, etc).
Redevelopment. The demolition and reconstruction of a structure or portion of a structure.
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Religious use or institution. A structure or place of religious worship in which worship, ceremonies,
rituals, and education pertaining to a particular system of beliefs are held, including accessory uses
on the same lot such as a school, day care, or dwelling. Examples of religious uses or institutions
are a church, temple, synagogue, or mosque.
Removal. The relocation of a structure from one site to another site.
Repair. Any change that is not construction, removal, or alteration.
Required improvements. Capital improvements required by the Development Review Board or
Planning Commission in conjunction with the subdivision or development of land, including without
limitation monuments, lot markers, streets, curbs, sidewalks, street signs, outdoor lighting, water
mains, sanitary sewers, storm drains, stormwater facilities, fire hydrants, and landscaping.
Research facility or laboratory. An establishment or other facility for carrying on basic and applied
research into the natural, physical, or social sciences, or engineering and development as an
extension of investigation with the objective of creating end products; and including any
educational activities associated with and accessory to such research; but not including a medical
office, dental, optical, or veterinary clinic, or a research facility or laboratory located on the
principal site of a health or educational facility.
Residence. The home, abode, or place where an individual is living at a specific point in time.
Residential district. A zoning district established in these land development regulations which
permits primarily residential uses and shall include the Residential 1, Residential 2, Residential 4,
Residential 7, Residential 7 with Neighborhood Commercial, Residential 12, Queen City Park,
Lakeshore Neighborhood, and Southeast Quadrant Districts, and any other subsequently adopted
residential districts.
Residential street. A street, between two intersecting streets, upon which a residential district as
defined above abuts, or where fifty percent (50%) or more of the abutting street frontage is in
predominantly residential use.
Resource extraction. The removal or recovery by any means whatsoever of soil, rock, minerals,
mineral substances, or organic substances, other than vegetation, from water or land, on or
beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Retaining wall. A structure constructed and erected between lands of different elevations to
protect structures and/or to prevent erosion.
Restaurant. An establishment where food and drink is available to the general public. Alcoholic
beverages may or may not be served, but shall only be incidental to the serving of food.
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Restaurant, short-order. An establishment whose principal business is the sale of a limited
line of specialized, pre-prepared or rapidly prepared foods or beverages directly to the
customer in a ready-to consume form and whose operation is characterized by (A) service
of food or beverage principally in containers or in paper, plastic or other disposable
containers or wrappers, (B) availability of food or beverages for consumption immediately
or within a brief period after ordering, and (C) insufficient seating facilities within the
restaurant building for the total volume of food sold. Short-order restaurants may also
include food delivery services and shall include bakeries and delicatessens. Additional
outdoor seating on a seasonal basis may be permitted in conjunction with a short-order
restaurant, subject to all applicable standards in these Regulations.
Restaurant, standard. An establishment whose principal business is the sale of foods or
beverages for consumption within the restaurant building and whose operation is
characterized by service by a restaurant employee at the same table or counter at which
food or beverage is to be consumed. Those restaurants principally characterized as standard
restaurants but with a substantial take-out, delivery and/or short order component may be
required to meet supplemental parking standards pursuant to these Regulations. Additional
outdoor seating on a seasonal basis may be permitted in conjunction with a standard
restaurant, subject to all applicable standards in these Regulations.
Resubdivision. Further subdivision of a previously approved subdivision, including any change of an
approved or recorded subdivision plat if such change affects any street layout on such plat or area
reserved thereon for public use, or any lot line or if it affects any plan or map legally controlling
subdivision.
Retail sales. An establishment engaged in selling goods or merchandise to the general public at
retail or wholesale for personal or household consumption or for business use and rendering
services incidental to the sale of such goods. Typically such an establishment (A) is a place of
business and is engaged in activity to attract the general public to buy, (B) buys and receives as well
as sells merchandise, (C) may process or manufacture some of the products for sale, such as a
jeweler or baker, but such production or manufacture is incidental and subordinate to the selling
activities, and (D) sells to customers for their own personal, household, or business use. Such an
establishment may have a retail food establishment as an accessory use located entirely within the
principal structure and with no dedicated exterior entrance of its own.
Retail food establishment. An establishment, including supermarkets, which by design of physical
facilities or by service and packaging procedures permits or encourages the purchase of prepared
ready-to-eat foods intended primarily to be consumed off the premises, and where the
consumption of food on site is limited to sixteen (16) or fewer indoor seats. Additional seasonal
outdoor seating may be permitted in conjunction with a retail food establishment.
Retail outlet. A retail establishment selling a single manufacturer’s product(s).
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Retail warehouse outlet. A retail operation from a warehouse as an accessory use to the principal
warehouse use.
Retail services. An establishment providing services or entertainment, as opposed to products, to
the general public for personal or household use. This may include eating and drinking places,
hotels and motels, finance, real estate and insurance, personal service, movie and live theaters,
amusement and recreation services, services for health, educational, and social activities,
museums, and galleries. Services may involve some products, for example restaurants. Services
may involve some processing, such as cleaners, cobblers, and beauty salons. Services to businesses
or industries are not usually included under retail services, but under Business Services (see above
definition).
Right-of-way. (A) A strip of land acquired by reservation, dedication, prescription or condemnation,
and intended to be occupied or occupied by a road, path, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or drainage, utility line, and other
similar uses; or (B) generally, the right to pass over the property of another.
Runoff. See stormwater.
School. A building or premise or part thereof that is designed, constructed, or used for education or
instruction in a branch of knowledge. The school may be public or private. Such use shall not
include vocational or trade school; these are termed personal instruction schools.
School, elementary. Any school that meets state standards and requirements for
elementary education.
School, secondary. Any school that meets state standards and requirements for secondary
education.
Seasonal mobile food unit: A short order restaurant establishment that is open for business for a
maximum of six (6) months of the year. Food is customarily consumed off premise. Outdoor
seating, may consist of benches, tables, and chairs that are not permanently affixed to the ground.
The food unit, along with all accessory items such as tables, chairs, benches, and dumpsters, are
removed from the site at the expiry of a permit under these regulations. Restrooms are not
customarily provided in conjunction with a seasonal mobile food unit.
Self storage. A structure containing separate, individual and private storage spaces of varying sizes
leased or rented on individual leases for varying periods of time.
Senior housing. One of the following residence types, either individually or in combination:
Assisted living facility. A multi-family, residential group facility that provides a combination
of housing, supportive services, and personalized assistance for persons needing help with
activities of daily living. Such activities may include bathing, grooming, and medical
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reminders. Meals are provided in a central location on site. Dwelling units may or may not
have conventional kitchens.
Congregate care facility. A multi-family, residential group facility with individual,
independent dwelling units and hospitality services. These services comprise meals in a
congregate dining area, recreation and social activities, or transportation services. (See also
Congregate Housing)
Continuum of care facility. A multi-family, residential group facility with a range of
accommodations and services in one structure or one campus. This type may include full
apartments for independent residents, an assisted living facility, and/or a skilled nursing
facility.
Service station. A business enterprise or building, land area, or other premises, or portion thereof,
engaged in the retail dispensing or sale of gasoline and other vehicular fuels, and which may
include the sale of oil, tires, accessories, repair, and services for motor vehicles. See also gasoline
filling station.
Services. Establishments primarily engaged in providing services for individuals, business, and
government establishments and other organizations. Such services include hotels and other lodging
places, establishments providing personal, business, repair, and amusement services, health, legal,
engineering, and other professional services, educational institutions, membership organizations,
and other miscellaneous services.
Setback. The distance from the nearest portion of a structure to any lot line including the street
right-of-way. For purposes of this section, a structure shall not include: (A) eaves, sills, pilasters,
gutters, leaders, cornices, chimneys, and roof overhangs provided such features do not extend
more than two (2) feet from the remainder of the structure; (B) steps to first floor entries provided
such features do not extend more than five (5) feet from the remainder of the structure; (C) ramps
for the disabled; and (D) light poles.
Setback line. That line that is the required minimum distance from the street right-of-way or any
other lot line that establishes the area within which the principal or accessory structure must be
erected or placed.
Shopping center. A group of two (2) or more retail establishments or restaurants, including all
associated out-parcels (whether or not they have been subdivided from the original tract), having a
unified design of buildings, coordinated parking and service areas, and development plan in
accordance with the requirements of the zoning district in which it is located, and where customer
and employee parking are provided on-site, and provision for goods delivery is separated from
customer access. The shopping center shall be planned, constructed, and developed and/or
managed as a unified entity. Non-retail uses, such as offices, theaters, hotels, and automotive
repair facilities, may be included in the overall development plan provided such uses are approved
by the DRB in conjunction with the overall shopping center.
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Shrub. A woody branching plant of relatively low height.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street,
used as a pedestrian walkway. The sidewalk may be separated or may directly abut the street,
according to regulations in this ordinance.
Sign. A sign as defined in the South Burlington Sign Ordinance, as amended.
Significant tree. A tree other than an evergreen with a caliper of eighteen (18) inches or more.
Site plan. The development plan for one or more lots on which is shown the existing and proposed
conditions of the lot(s) including topography, vegetation, drainage, floodplains, marshes, and
waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping,
structures, signs, lighting, screening devices, and other information that reasonably may be
required in order that an informed decision can be made by the Development Review Board or
other approving agent or body.
Skilled nursing facility. An institution or part of an institution that provides licensed, skilled, full-
time nursing care and related services for patients who require medical, nursing, and/or
rehabilitative services. The facility shall provide extended and/or intermediate care for those who
by reason of advanced age, illness, infirmity, or mental impairments need acute, chronic, or
convalescent care. Such facility shall also be known as a nursing home, convalescent facility, or
long-term care facility.
Small maturing tree. A tree whose height is thirty-five (35) feet or less at maturity and meets the
specification of “American Standards for Nursery Stock” published by the American Association of
Nurserymen. See also canopy tree.
Social services. Establishments providing assistance and aid to those persons requiring counseling
for psychological problems, employment, learning disabilities, and/or physical disabilities. This
includes organizations soliciting funds for these and related services. May include on-site ancillary
services, such as child care, but shall not include accommodations for overnight stays.
Stormwater. The portion of rainfall, melted snow, or irrigation water that flows across ground
surfaces and is eventually returned to a waterbody such as a river, stream, pond, or reservoir.
Story. That part of a building above ground level between a floor and the floor next above. If there
is no floor above it, then the space between the floor and the roof or ceiling next above it. Story
shall include basements and not cellars. An intermediate floor between the floor and ceiling of any
story shall be deemed a mezzanine and shall not be counted as a story unless the total of all
mezzanine areas exceeds five thousand square feet (5,000 SF) or one-third of the area of the floor
immediately below it, whichever is less. A basement shall be considered as a story where the
finished surface of the floor above the basement is: (1) More than four (4) feet above the average
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pre-construction level of the adjoining ground, or (2) More than twelve (12) feet above the pre-
construction ground level at any point.
Roofline story. A story whose finished floor is located at or above the principal roofline of a
building.
Story Below Roofline. A story whose finished floor is located below the principal roofline of
a building.
Story Facing Street. A Story Below Roofline that faces an existing or planned private or
public street. A story shall be considered to face an existing or planned private or public
street if any point along the side of the building most closely parallel such street is exposed
by more than four (4) feet.
Total Stories. The sum of all stories in a building.
Stream. A watercourse having a source and terminus, banks, and channel through which waters
flow at least periodically.
Stream, major. In the City of South Burlington, these shall be the Winooski River, Muddy
Brook, and the main stem of Potash Brook.
Stream, minor. In the City of South Burlington, these shall be the main stem and all
tributaries of North Brook, Monroe Brook, Bartlett Brook, Centennial Brook, and Engelsby
Brook; those streams forming the headwaters of Shelburne Pond; and all tributaries of
Potash Brook and Muddy Brook.
Street. A vehicular way that (A) is an existing state, county, or municipal roadway, (B) or is shown
upon an approved and recorded plat approved pursuant to law, (C) or is approved by other official
action. The roadway shall include the land between the street lines (also known as rights-ofway),
whether improved or unimproved. Such street shall afford the principal means of access to
abutting properties. The word “street” shall be equivalent to the words “road” or “roadway.”
Street, arterial. A street that is used or will be used primarily for through traffic flow. These
streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or
most recent update.
Street, collector. A street that is used or will be used primarily for connecting local street
traffic to the arterial street system. These streets are designated in the transportation
chapter of the 2001 Comprehensive Plan, or most recent update.
Street, local. A street used primarily for direct access to property and not for through traffic
flow. These streets are all those not designated as arterial or collector.
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Street, private. An interior circulation road designed and constructed to carry vehicular
traffic from a public street within or adjoining a site to parking and service areas. It is not
maintained nor intended to be maintained by the public.
Street, public. A right-of-way or fee simple tract of land which has been set aside for public
travel, dedicated to the public by the recording of a subdivision plat, built to public street
standards, and eligible for maintenance by the City of South Burlington or other public
entity.
Street line. The outer boundary of a street right-of-way.
Street orientation. The direction of the front façade of a structure in relation to the street.
Street right-of-way. Any public right-of-way set aside for public travel which is accepted or eligible
for to be accepted for maintenance by the City of South Burlington, the state, or the county, if so
authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which
has been approved or is subsequently approved by the City of South Burlington; or has otherwise
been established as a public street prior to the adoption of these land development regulations.
Structural alteration. Any change in the supporting members of a building, such as bearing walls,
columns, beams or girders, or in the dimensions or configurations of the roof or exterior walls.
Structure. Any construction, erection, assemblage or other combination of materials upon the land,
including but not limited to, buildings, mobile homes, swimming pools, tennis courts, antennas,
satellite dishes, utility sheds, trailers, billboards, signs, walls or fences (except a wall or fence on an
operating farm). A structure may be erected for use, occupancy, or ornamentation, and the use of
which requires permanent or temporary location on, above, or below the surface of the ground or
water. By definition, all buildings are structures, but not all structures are buildings. The term
“structure” shall not include paved surfaces such as parking areas, sidewalks, and patios.
Subdivider. Any person, firm, corporation, partnership, or association, who shall lay out for the
purpose of sale or development any subdivision or part thereof as defined herein either for himself
or others. The term shall include an applicant for subdivision approval.
Subdivision.
(A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or
other divisions of land for sale, development, or lease. The term subdivision, includes
amended subdivision, resubdivision, and, as appropriate in these regulations, shall refer to
the process of subdividing land.
(B) Division of land for agricultural or forestry purposes in parcels all of which are larger
than twenty five (25) acres, not involving any new street or access, shall not be deemed a
subdivision, provided an instrument which waives development rights, until and unless
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subdivision review occurs, is approved by the City Attorney and City Council, and is recorded
in the City's land records.
(C) Division of land such as for minor realignment of property boundary lines of pre-existing
lots, for municipal purposes which conform to the Comprehensive Plan (such as road
widening, easements, sidewalks, parks, etc.), or alteration of existing lots as specifically
permitted under these Land Development Regulations, shall not be deemed a subdivision,
but is known as a minor lot line adjustment.
Subdivision, major. Any subdivision involving any of the following: (1) the creation of three
or more lots, (2) a planned unit development, (3) the extension or creation of public streets,
or (4) the extension of any off-tract municipal or governmental facilities or improvement.
Subdivision, minor. Any subdivision that is not a major subdivision as defined above.
Substantial improvement. Any repair, reconstruction, or improvement of a structure or property,
the cost of which equals or exceeds fifty percent (50%) of the fair market value of the structure or
property either, (A) before the improvement or repair is started, or (B) if the structure or property
has been damaged and is being restored, before the damage occurred. For the purpose of this
definition, substantial improvement is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure. The term does not, however, include either (A)
any project for improvement of a structure to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living conditions or (B) any
alteration of a structure listed on the National Register of Historic Places or a State Inventory of
Historic Places.
Supermarket or grocery store. See retail food establishment.
Swimming pool. A man-made body of water or receptacle for water and constructed, installed, or
maintained in or above ground.
Tavern. See bar.
Technical deficiency. A defect in a proposed plan or bylaw, or an amendment or repeal thereof
which does not involve substantive change to the proposal, including but not limited to corrections
to grammar, spelling and punctuation, as well as the numbering of sections.
Townhouse or rowhouse. See dwelling.
Tract. An area, parcel, site, piece of land, or property that is the subject of a development
application.
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Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials,
goods or objects, or is used as a temporary office. Trailers shall be allowed on a work site as
temporary offices provided any such temporary location has received necessary approvals.
Telecommunications. The transmission and reception of audio, video, data, and other information
by wire, radio frequency, light, microwave, and other electronic or electromagnetic systems.
Telecommunications tower. A structure on which transmitting and/or receiving antenna(e) are
located. Such antenna(e) may be used for commercial, industrial, municipal, county or state
telecommunication purposes. Such structure may be a purpose-built free-standing tower, guyed
tower, monopole, camouflaged or “stealth” design tower, a roof with mounted antenna(e), or any
building façade of steeple, water tower, silo, sign, or other similar structure.
Transportation services. Establishments primarily engaged in furnishing passenger transportation,
including local, statewide and interstate bus service, taxicabs, passenger transportation charter
service, and terminal and maintenance/service facilities for motor vehicle passenger
transportation.
Use. The specific purpose or activity for which a structure, building, or land is or may be designed,
arranged, designated, or intended or for which a structure, building, or land is or may be occupied
and maintained. The term "permitted use" or its equivalent shall not be deemed to include any
nonconforming use.
Utility, private or public. (A) Any person, entity, agency, or establishment which, under public
franchise or ownership, or under certificate of convenience and necessity, generates, transmits,
distributes, and/or provides the public with utility services such as electricity, gas, heat, steam,
communication, transportation, water, sewage collection, cable television, telephone, or other
similar service, or (B) a closely regulated private enterprise with a franchise for providing a public
service. Such services include the erection, construction, alteration, or maintenance of
underground, surface or overhead transmission and collection systems, and the equipment and
appurtenances necessary for such systems to furnish an adequate level of public service.
Utility cabinet. This generic term shall encompass electric transformers, switch boxes, telephone
pedestals and telephone boxes, cable television boxes, traffic control boxes, accessory
telecommunications transmission equipment and storage sheds, substation, or communication
relay station, and similar devices.
Vacancy. Any unoccupied land, structure, or part thereof that is available and suitable for
occupancy.
Vested right. The right to undertake and/or to complete a development and use of property under
the terms and conditions of an approved subdivision plat or site plan.
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Veterinary hospital. A place where animals are given medical care and the boarding of animals is
limited to short-term care for a certain period of time. May or may not include associated outdoor
exercise facilities.
Walkable mixed-use development. Such development shall be designed as part of a planned unit
development or master plan and shall have the following components: (A) a mix of residential and
commercial uses and densities, with institutional and municipal uses encouraged; (B) proximity to
public transportation (ideally within one-half mile); (C) a connected street network with relatively
short blocks, sidewalks and crosswalks, pedestrian-scaled lighting, street trees, and/or recreation
paths and bicycle paths; and
(D) a compact design characterized, for example, by lots smaller than typically required in
commercial districts in these land development regulations and streets narrower than typically
required, and housing and businesses oriented towards the street rather than parking areas.
Warehouse. A building used primarily for the storage of goods, materials, and merchandise.
Warehousing. The indoor storage of goods, materials, and merchandise for shipment to or
processing on another property. This may include truck terminal facilities for handling freight with
or without maintenance facilities.
Wetland. An area that is inundated by surface or groundwater with a frequency sufficient to
support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions
for growth and reproduction. Such areas include, but are not limited to, fens, marshes, swamps,
sloughs, potholes, ponds, but excluding such areas as grow food or crops in connection with
farming activities. The boundary of a wetland shall be delineated by the methodology set forth in
the 1989 edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, or
any subsequent amendment or revision of that document.
Wholesale establishment. An establishment or place of business primarily engaged in selling
goods, products, material, and merchandise stored on the premises to retailers or persons who are
the intermediaries between the producer and the consumer; to industrial, commercial, institutional
or professional business users; to other wholesalers; or acting as agents or brokers and buying
merchandise for, or selling merchandise to, such individuals or companies.
Yard. An area on a lot that lies between the principal or accessory building or buildings and the
nearest lot line, and is unoccupied and unobstructed from the ground upward to the sky by any
structure or portion thereof except as permitted by these land development regulations. Fences,
walls, poles, posts, and other customary yard accessories and ornaments may be permitted in any
required yard, subject to height limitations. A required yard is that portion of a yard meeting the
minimum yard requirements of the applicable zoning district. [See Also Figure 2-1, Lot Lines and
Yards]
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Yard, front. A yard extending the full length of the front lot line and situated between the
front lot line and the front of the principal building at its farthest point from the lot line.
Each yard that abuts a front lot line shall be deemed a front yard.
Yard, rear. A yard extending across the full length of the rear lot line and situated between
the rear lot line and the back of the principal building at its farthest point from the rear lot
line. In the case of a through lot or corner lot, there shall be no rear yard, but only front and
side yards.
Yard, side. A yard extending along the full length of the side lot line and situated between
the side lot line and the side of the principal building at its farthest point from the side lot
line, but excluding any area encompassed within a front yard or rear yard. In the case of a
through lot or corner lot, there shall be no rear yard, but only front and side yards. See
Figure 2-1.
Zero lot line. The location of a building on a lot in such a manner that one or more of the building's
sides rests directly on a lot line.
Zoning district. A specifically delineated area or district within the corporate limits of the City of
South Burlington for which the requirements governing use, placement, spacing, size, lot
dimensions, and bulk of buildings and premises are uniform. This is also known as a zone.
Zoning map. The Zoning Map or Maps of the City of South Burlington, Vermont, together with all
amendments subsequently adopted which are part of these Land Development Regulations and
which delineate the boundaries of the zoning districts.
Zoning permit. A document signed by the Administrative Officer, as required in these Regulations,
as a condition precedent to the commencement of a use or the erection, construction,
reconstruction, restoration, alteration, conversion, or installation of a structure or building, which
acknowledges that such use, structure, or building complies with the provisions of the Regulations
or authorized variance.
2.03 Definitions for Flood Hazard Purposes
The following definitions shall apply to all lands within the Floodplain Overlay District.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year
(commonly referred to as the “100-year flood”).
Base Flood Elevation (BFE). The elevation of the water surface elevation resulting from a flood that
has a 1 percent chance of equaling or exceeding that level in any given year. On the Flood
Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical
Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the
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Flood Insurance Study report, or the average depth of the base flood, usually in feet, above the
ground surface.
Common Plan of Development. Where a structure will be refurbished over a period of time. Such
work might be planned unit by unit.
Critical facilities. Includes police stations, fire and rescue facilities, hospitals, and public and private
schools.
Development. Any human-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and the risk premium zones
applicable to the community. In some communities the hazard boundaries are available in paper,
pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if
appropriate, the corresponding water surface elevations or an examination, evaluation and
determination of mudslide (i.e., mudflow) and /or flood related erosion hazards.
Flood proofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot at any point. Please note that Special Flood Hazard Areas and
floodways may be shown on a separate map panels.
Floodway, Regulatory in the City of South Burlington. The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot at any point.
Historic Structure. Any structure that is: (a) listed individually in the National Register of Historic
Places (a listing maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of
historic places in states with historic preservation programs which have been approved by the
Secretary of the Interior; or (d) individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either: (i) by an
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approved state program as determined by the Secretary of the Interior or (ii) directly by the
Secretary of the Interior in states without approved programs.
Lowest floor. The lowest floor of the lowest enclosed area, including basement, except an
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building’s lowest floor provided
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of 44 CFR 60.3.
Manufactured home (or Mobile home). A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term “manufactured home” does not include a
“recreational vehicle”.
New construction. Structures for which the start of construction commenced on or after the
effective date of the floodplain management regulation adopted by the community and includes
any subsequent improvements to such structures.
Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less
when measured at the largest horizontal projection; (c) Designed to be self-propelled or
permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or greater
chance of flooding in any given year. For purposes of these regulations, the term “area of special
flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is
usually labeled Zone A, AO, AH, AE, or A1-30 in the most current flood insurance studies and on the
maps published by the Federal Emergency Management Agency. Maps of this area are available for
viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov Base
flood elevations have not been determined in Zone A where the flood risk has been mapped by
approximate methods. Base flood elevations are shown at selected intervals on maps of Special
Flood Hazard Areas that are determined by detailed methods. Please note, where floodways have
been determined they may be shown on separate map panels from the Flood Insurance Rate Maps.
Start of construction. For purposes of floodplain management, determines the effective map or
bylaw that regulated development in the Special Flood Hazard Area. The “start of construction”
includes substantial improvement, and means the date the zoning permit was issued provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footing,
ARTICLE 2 DEFINITIONS
South Burlington Land Development Regulations Effective January 25, 2016
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piers, or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of a building, regardless whether
that alteration affects the external dimensions of the building.
Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a
manufactured home, and any related built systems, including gas or liquid storage tanks.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before-damaged conditions would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a
structure after the date of adoption of this bylaw, the cost of which, over three years, or over a the
period of a common plan of development, cumulatively equals or exceeds 50 percent of the market
value of the structure before the “start of construction” of the improvement. This term includes
structures which have incurred “substantial damage”, regardless of the actual repair work
performed. The term does not, however, include either: (a) Any project for improvement of a
structure to correct existing violations of state or local health, sanitary, or safety code specification
which have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or (b) Any alteration of a “historic structure”, provided
that the alteration will not preclude the structure’s continued designation as a “historic structure”.
Violation. The failure of a structure or other development to be fully compliant with this bylaw. A
structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as
that documentation is provided.
ARTICLE 3 GENERAL PROVISIONS
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3-1
3 GENERAL PROVISIONS
3.01 Establishment of Districts and Description of Certain Districts
3.02 Official Maps and Other Maps
3.03 District Boundaries
3.04 Applicability of Regulations
3.05 Lots
3.06 Setbacks and Buffers
3.07 Height of Structures
3.08 Temporary Structures and Uses
3.09 Multiple Structures and Uses
3.10 Accessory Structures and Uses
3.11 Nonconformities
3.12 Alteration of Existing Grade
3.13 General Performance and Maintenance Standards
3.01 Establishment of Districts and Description of Certain Districts
A. Establishment of Districts. For the purpose of these regulations, the City of South
Burlington is hereby divided into the districts shown on the Official Zoning Map. This zoning code
also contains provisions for overlay districts and a floating district.
(1) Residential Districts
R1 Residential 1 District
R1-PRD Residential 1 with Planned Residential Development District
R1-Lakeshore Residential 1- Lakeshore District
R2 Residential 2 District
R4 Residential 4 District
R7 Residential 7 District
R12 Residential 12 District
LN Lakeshore Neighborhood District
QCP Queen City Park District
SEQ-NRP Southeast Quadrant-Natural Resource Protection District
SEQ-NRT Southeast Quadrant-Neighborhood Residential Transition District
SEQ-NR Southeast Quadrant-Neighborhood Residential District
SEQ-VR Southeast Quadrant-Village Residential District
(2) Commercial Districts
C1 Commercial 1 District (also designated “C1-R12” or “C1-R15”)
C1-AUTO Commercial 1 with Automobile Sales District
C1-AIR Commercial 1 with Airport-Related Uses District
C1-LR Commercial 1 with Limited Retail District
C2 Commercial 2 District
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CD Central District (designated CD1, CD2, CD3 or CD4)
SW Swift Street District
AR Allen Road District
R7-NC Residential 7-Neighborhood Commercial District
SEQ-VC Southeast Quadrant-Village Commercial District
(3) Industrial and Airport Districts
IC Mixed Industrial and Commercial District
AIR Airport District
AIR-I Airport Industrial District
I-O Industrial and Open Space District
(4) Other Districts
IA Institutional and Agricultural District (includes IA North and IA-South)
PR Park and Recreation District
MU Municipal District
(5) Overlay Districts. The following overlay districts are shown on the Overlay Districts
Map:
FP Floodplain Overlay District
IHO Interstate Highway Overlay District
TO Traffic Overlay District
SVP Scenic View Protection Overlay District
BBW Bartlett Brook Watershed Protection Overlay District
PBW Potash Brook Watershed Protection Overlay District (reserved)
CCDR City Center Design Review District
(6) Floating District (reserved)
B. Description of Certain Districts.
(1) Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall
include those areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and
0.2%) in and on the most current flood insurance studies and maps published by the
Department of Homeland Security, Federal Emergency Management Agency, National Flood
Insurance Program, as provided by the Secretary of the Agency of Natural Resources pursuant
to 10 V.S.A. Chapter 32 § 753, which are hereby adopted by reference and declared to be part
of these regulations. The location of the boundary shall be determined by the Administrative
Officer (AO). If the applicant disagrees with the determination made by the AO, a Letter of Map
Amendment from FEMA shall constitute proof.)
(a) Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. The boundaries of the
Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict shall include those areas of special
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flood hazard designated in and on the above referenced studies and maps as Zones A, AE,
or A1-30.
(b) Floodplain Overlay (Zone 0.2%) Subdistrict. The boundaries of the Floodplain
Overlay (Zone 0.2%) Subdistrict shall include those areas of special flood hazard designated
in and on the above referenced studies and maps as Zone 0.2%.
(2) Traffic Overlay District.
(a) The boundaries of high-volume roadway segments and the balance of restricted
roadway segments within the Traffic Overlay District shall include the entire right-of-way of
all delineated roadway segments. Cross-streets are not included.
(b) The boundaries of major intersections within the Traffic Overlay District shall include
all approaches to the intersection. Any dimensional approach as shown on the Traffic
Overlay Zone Map shall be measured from the point of intersection of the street centerlines
at the major intersection. The first fifty (50) feet of un-dimensioned minor cross-streets
shall be included within the boundaries of the major intersection.
(3) Park and Recreation District. The boundaries of the Park and Recreation District shall
include all City owned or leased parkland and all lands owned by the Winooski Valley Park
District; also, all future land granted to or purchased by the City for use as public parkland shall
be included in the Park and Recreation District at the time of the grant or purchase.
(4) Airport Approach Cone. The boundaries of the Airport Approach Cone, as shown on the
Official Zoning Map, include all approaches to the runways at the Burlington International
Airport. Angles and widths of the approach cones are more specifically defined in the 1991
Airport Master Plan Update Burlington International Airport, or most recent update.
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3.02 Official Maps and Other Maps
A. Official Zoning Map. The Official Zoning Map describes the different and separate districts
of the City of South Burlington set forth in Section 3.01. The Official Zoning Map is filed in the office
of the City Clerk and is incorporated herein by reference.
B. Overlay Districts Map. The Overlay Districts Map describes the different and separate
overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map
is filed in the office of the City Clerk and is incorporated herein by reference.
C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map
describes the sub-districts pertaining to the Southeast Quadrant District as set forth in Article 9 of
these Regulations. The Southeast Quadrant Official Zoning Map dated April 3, 2006 is filed in the
office of the City Clerk and is incorporated herein by reference.
D. Wetlands Map. The Wetlands Map identifies wetland areas throughout the City that are
subject to the restrictions set forth in Article 12 of these regulations. The Wetlands Map is filed in
the office of the City Clerk and is incorporated herein by reference.
E. Scenic View Protection Overlay Districts. The maps identifying overlay districts wherein
special standards apply are filed in the office of the City Clerk and are incorporated herein by
reference.
F. Open Space Plan Areas Map. [reserved]
G. Official Map. The Official Map of the City of South Burlington is adopted pursuant to
subsection 3 of section 4401, Title 24 VSA Chapter 117, as amended, filed in the office of the City
Clerk, and incorporated herein by reference.
3.03 District Boundaries
A. Interpretation of District Boundaries
(1) Where uncertainty exists as to the boundaries of districts as shown on the Official
Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth
in this section. Requests for interpretation of district boundaries of or within the Southeast
Quadrant shall be subject to the provisions of Section 9.04(D) of these Regulations.
(2) Boundaries indicated as approximately following the center lines of streets or highways
shall be construed to follow such center lines.
(3) Boundaries indicated as approximately following platted lot lines shall be construed to
follow such lot lines.
(4) Boundaries indicated as following railroad lines shall be construed to follow the center
line of the railroad right-of-way.
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(5) Boundaries indicated as following shore lines shall be construed to follow such shore
lines, and in the event of change in the shore line such boundaries shall be construed as moving
with the actual shore line.
(6) Boundaries indicated as approximately following the center lines of streams, rivers,
canals, lakes, or other bodies of water shall be construed to follow such center lines.
(7) Boundaries indicated as parallel to or extensions of features indicated in subsections 1
through 4 above shall be so construed. Distances not specifically indicated on the Official
Zoning Map or described under each zone shall be determined by the scale of the map.
B. Interpretation by Planning Commission. Where physical or cultural features existing on the
ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances
not covered by subsections 1 through 7 above, the Planning Commission shall interpret the district
boundaries.
C. Split Lots. Where a district boundary line divides a lot which was in a single ownership at
the time of passage of these regulations, the Development Review Board may permit, as a
conditional use, the extension of the regulations for either portion of the lot but not to exceed fifty
(50) feet beyond the district line into the remaining portion of the lot (See Article 14 for Conditional
Use Review). This provision shall not apply to the boundary lines of any overlay or floating district.
D. Wetland Boundaries. The boundaries of wetlands shall be as shown on the Official
Wetlands Map unless alternative information is submitted and reviewed pursuant to the standards
and procedures for review set forth in Article 12, Section 12.02(C) and (D) of these Regulations. All
wetland delineations submitted for review by the City shall be delineated by the methodology set
forth in the most recent edition of the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands. This methodology employs three parameters: vegetation, soils and hydrology. The
Development Review Board may use the most recent edition of The Wetland Plant List of the State
of Vermont published by the U.S. Fish and Wildlife Service to determine the frequency of
vegetation occurrence in wetlands.
3.04 Applicability of Regulations
A. Area, Density, and Dimensional Requirements. Except where the text of these Regulations
provides otherwise, the size and dimension of lots and yards, lot coverage, and density for all
districts, except floating and overlay districts, shall be as shown in Table C-2, Dimensional
Standards.
B. Minimum Requirements. In their interpretation and application, the provisions of these
regulations shall be held to be the minimum requirements for the promotion of the public health,
safety, and welfare.
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C. Primacy of Land Development Regulations. Where these regulations impose a greater
restriction than imposed or required by other provisions of law or by other laws, rules, regulations,
resolutions or ordinances, the provisions of these regulations shall control.
D. Conflict with other Regulations or Private Restrictions. The provisions of these regulations
shall not be construed to abrogate or annul the provisions of other ordinances or regulations or to
impair private restrictions placed upon property. Where these regulations impose a greater
restriction upon land, buildings, or structures than is imposed by any such provision, the
restrictions of these regulations shall control.
E. Most Recent Amendment in Effect. Any citation of a statute, law, rule, regulation or
ordinance contained in these regulations shall be deemed to refer to such statute, law, rule,
regulation or ordinance as amended, whether or not such designation is included in the citation.
F. Measuring Distance. Unless otherwise specified, all distances shall be measured
horizontally.
G. Farms, Farm Structures and Silvicultural Practices. These Regulations shall not regulate
accepted agricultural and silvicultural practices as defined by the Secretary of Agriculture, Food and
Markets, including the construction of farm structures as defined in these Regulations, except that
a person shall notify the Department of Planning and Zoning in writing of the intent to build a farm
structure and shall abide by setbacks approved by the Secretary of Agriculture, Food and Markets.
3.05 Lots
A. Reduction of Lot Size. No lot shall be so reduced in area that the lot size, coverage,
setbacks, or other requirements of these regulations shall be smaller than herein prescribed for
each district.
B. Lots with No Road Frontage.
(1) No land development may be permitted on lots which do not have either frontage on a
public road or public waters, unless, with the approval of the Development Review Board
through a miscellaneous application, such lots have access to a public road or waters by a
permanent easement or right-of-way at least twenty (20) feet in width.
(2) The Development Review Board may approve subdivision or development of lots with
no frontage on a public street, as long as access to such a street by a permanent easement or
right-of-way at least twenty (20) feet in width is provided, according to the following
procedures:
(a) Required Information. Applications shall include a plan drawn to scale showing
boundaries of all properties crossed by and to be served by the proposed private right-of-
way, dimensions and grades of the right-of-way, point of access onto a public street, and
other information as the Development Review Board may require.
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(b) Conditions of Approval. Any application to create a new lot with no road frontage
shall be subject to the requirements and major subdivision criteria of Article 15 of these
Regulations in addition to this section.
(i) Number of lots and/or dwelling units on a private right-of-way. The
Development Review Board shall limit the number of developable lots on a private right-
of-way to three (3) and/or the number of multi-family units to ten (10), whichever is
less, beyond which a public street shall be required (See Article 15, Subdivision). The
Development Review Board shall require a public street if the number of developable
lots is greater than three (3) and/or the number of multi-family units is ten (10) or more,
whichever is less. The Development Review Board may also limit the length of a private
right-of-way, and may impose other conditions as may be necessary to assure adequate
emergency access to all lots and dwelling units.
(ii) The Development Review Board may require a right-of way wider than the
twenty (20) foot minimum if it is to serve more than one (1) lot.
(iii) The Development Review Board may impose conditions to insure the
maintenance and permanency of a private right-of-way and to insure that a right-of-way
will not place a burden on municipal services.
(iv) For a lot with no frontage, the property line that abuts or is closest to the private
right-of-way shall be construed as the front lot line and shall determine the front yard.
C. Road Frontage. In order to promote infill development while protecting the character of
existing neighborhoods, no lot shall be created without a minimum of 50-ft of frontage on a public
road in the following districts: R1, R1-LV, R2, R4, and LN
D. Pre-Existing Small Lots. Any lot in individual and separate and nonaffiliated ownership from
surrounding properties in existence on the effective date of these Regulations may be developed
for the purposes permitted in the district in which it is located, even though not conforming to
minimum lot size requirements, if such lot is not less than one-eighth (1/8) acre in area with a
minimum width or depth dimension of forty (40) feet.
E. Corner Lots. In cases where a lot has frontage on two streets, the lot shall be deemed a
corner lot and shall have two frontages. In cases where a lot has frontage on a public street and on
a private right-of-way, the lot shall be deemed a corner lot and shall have two frontages.
3.06 Setbacks and Buffers
A. General Provisions. The size and dimensions of setbacks shall be as indicated in Table C-2,
Dimensional Standards, unless otherwise provided in these Regulations.
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B. Arterial and Collector Streets.
(1) For the arterial and collector streets listed below, minimum front setbacks shall be fifty
(50) feet from the edge of the planned right-of-way or greater if so provided elsewhere in this
Section 3.06.
Street Existing ROW (feet) Planned ROW (feet)
Airport Drive 66 80
Airport Parkway 66 66
Allen Road 66 66
Dorset Street, north of Swift 66 100
Dorset Street, south of Swift 66 66
Hinesburg Road 66 80
Kennedy Drive 100 100
Kimball Avenue 100 100
Patchen Road 66 66
Shelburne Road 100 100
Shunpike Road, east of Kimball
Avenue
80
80
Spear Street 66 66
Swift Street 50 66
Williston Road, east of the
Hinesburg Road-Patchen Road
intersection
66 90
Williston Road, from the
Hinesburg-Patchen Road
intersection west
66 90
(2) Planned Arterial and Collector Streets. Planned public arterial and collector streets, as
designated by the Development Review Board, shall be subject to the provisions of this Section
3.06 and any lot frontage requirements.
C. Yards Abutting a Planned Street. Yards abutting a right-of-way designated for a planned
public street shall have a minimum setback equal to the front setback requirement for the district
in which the lot exists, unless the yards abut any of those streets listed in above, in Section 3.06.B
in which case the minimum setback shall be fifty (50) feet from the edge of the planned right-of-
way.
D. Setback Calculation. No space which for the purpose of a building or dwelling has been
counted or calculated as part of a side, front, or rear setback or open space provision required by
this ordinance may be counted or calculated to satisfy or comply with a setback or space
requirement of or for any other building.
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E. Traffic Visibility across Yards. No shrubbery shall be erected, maintained, or planted on any
lot that obstructs or interferes with traffic visibility. In the case of corner lots, such restricted area
shall be the triangular area formed by the lot lines along the streets and a line connecting them at
points thirty (30) feet from the intersection.
F. Structures Requiring Setbacks. Except as specifically provided elsewhere in these
Regulations, the front, side, and rear setback provisions in Section 3.06 shall apply to all structures,
except for fences. Residential utility sheds shall be set back at least five (5) feet from all property
lines. G. Satellite dishes. Satellite dishes exceeding three (3) feet in diameter shall not be located
within the area between a street right-of-way line and the front elevation of a building. Satellite
dishes shall be screened.
H. Front Setbacks for Non-Residential Uses. In the case of nonresidential uses, not more than
thirty percent (30%) of the area of the required front setback shall be used for driveways and
parking and the balance shall be suitably landscaped and maintained in good appearance. No
portion of the required front setback shall be used for storage or for any other purpose except as
provided in this section. In addition, a continuous strip fifteen (15) feet in width traversed only by
driveways and sidewalks shall be maintained between the street right-of-way line and the balance
of the lot, which strip should be landscaped and maintained in good appearance. This provision
shall apply also to yards that abut a right-of-way designated for a future street.
I. Buffer Strip for Non-Residential Uses Adjacent to Residential District Boundaries.
(1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary
of a residential district, or where an existing non-residential use, structure or parking area that
is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be
expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five
(65) feet. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall
be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New
external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer
area.
(2) The Development Review Board may permit new or expanded nonresidential uses,
structures and/or parking areas, and new external light fixtures, within the setback and/or
buffer as set forth in (1) above, and may approve a modification of the width of the required
setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that
the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of
the residential district will provide equivalent screening of the noise, light and visual impacts of
the new non-residential use to that which would be provided by the standard setback and
buffer requirements in (1) above. However in no case may the required side or rear setback be
reduced below the standard requirement for the zoning district in which the non-residential
use is located.
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South Burlington Land Development Regulations Effective January 25, 2016
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J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February
28, 1974. The following exceptions to setbacks and lot coverages shall be permitted for lots or
dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to
February 28, 1974, and the existing or proposed principal use on the lot is a single-family dwelling
or a two-family dwelling.
(1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback
up to a distance equal to 50% of the side or rear setback requirement of the district, but in no
event shall a structure have a side setback of less than five (5) feet.
(2) Front Setbacks. A structure may encroach into a required front setback up to the
average distance to the building line of the principal structures on adjacent lots on the same
street frontage, but in no event shall a structure have a front setback of less than five (5) feet.
(3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a
required setback beyond the limitations set forth in (1) and (2) above may be approved by the
Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no
event shall a structure be less than three (3) feet from a side or rear property line or less than
five (5) feet from a front property line. In addition, the Development Review Board shall
determine that the proposed encroachment will not have an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on-site parking; and
(d) safety of adjoining and/or nearby property.
(4) Processing of a Request. Any request under subsections (1) - (3) above to expand an
existing structure, or place a new structure, to within less than ten (10) feet of any property line
shall include the submission of survey data prepared by a licensed surveyor showing the
location of affected property lines, existing and/or proposed structures, and any other
information deemed necessary by the Administrative Officer.
(5) Lot Coverage. For lots that are five thousand (5,000) square feet or greater in size, but
less than seven thousand five hundred (7,500) square feet, lot coverage may exceed the
maximum allowed for the district up to a maximum of thirty percent (30%) for buildings and
fifty percent (50%) for total lot coverage. For lots that are less than five thousand (5,000)
square feet in size, lot coverage may exceed the maximum allowed for the district up to a
maximum of forty percent (40%) for buildings and sixty percent (60%) for total lot coverage.
3.07 Height of Structures
A. General Provisions. Structures in all districts shall comply with the height standards
presented below in this section. Maximum allowable building heights are illustrated in Figure 3-1,
Height of Structures.
B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply.
ARTICLE 3 GENERAL PROVISIONS
South Burlington Land Development Regulations Effective January 25, 2016
3-11
(1) Where a roofline story is placed on a building that contains or is planned to contain the
maximum permitted number of stories below the roofline, the following conditions shall apply:
(a) dormers on such story shall not exceed the height of the roof peak, and
(b) the total width of the dormers on any single side does not exceed fifty thirty-three
percent (33%) of the horizontal distance of the roof line along that side. Vertical extensions
that exceed thirty-three percent (33%) of the horizontal width (i.e., step dormers) are
permitted, but are limited to a maximum height of five (5) feet above the average height of
the principal roof structure and shall not exceed fifty percent (50%) of the horizontal width
of any side.
(2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview, R2, R4, R7, Lakeshore Neighborhood, and
Queen City Park districts, the total number of stories for any given structure shall not be more
than one (1) greater than that of any principal structure on an abutting lot within the same
zoning district, without regard to public rights-of-way. A principal structure on an abutting lot
that is more than 150 feet from the subject structure shall be excluded from calculation.
C. Maximum Height. Except as allowed below in this section 3.07, the requirements of Table
C-2, Dimensional Standards, shall apply.
(1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012
with a height greater than that permitted in these Regulations, such approved maximum height
shall remain in effect.
D. Waiver of Height Requirements
(1) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations,
and steeples for places of worship that are taller than normal height limitations established in
Table C-2 above may be approved by the Development Review Board as a conditional use
subject to the provisions of Article 14, Conditional Uses.
(2) R12, IA, PR, MU, C1-R12, C1-R15 C1-Auto, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR,
and AIR-IND Districts.
(a) The Development Review Board may approve a structure with a height in excess of
the limitations set forth in Table C-2. For each foot of additional height, all front and rear
setbacks shall be increased by one (1) foot and all side yard setbacks shall be increased by
one half (1/2) foot.
(b) For structures proposed to exceed the maximum height for structures specified in
Table C-2 as part of a planned unit development or master plan, the Development Review
Board may waive the requirements of this section as long as the general objectives of the
applicable zoning district are met. A request for approval of a taller structure shall include
the submittal of a plan(s) showing the elevations and architectural design of the structure,
pre-construction grade, post-construction grade, and height of the structure. Such plan shall
ARTICLE 3 GENERAL PROVISIONS
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3-12
demonstrate that the proposed building will not detract from scenic views from adjacent
public roadways and other public rights-of-way.
(c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these
Regulations, that are taller than normal height limitations established in Table C-2 may be
approved by the Development Review Board as a conditional use subject to the provisions
of Article 14, Conditional Uses. Such structures do not need to comply with the provisions of
subsections (a) and (b) above.
(3) CD-1, CD-2, CD-3, CD-4 Districts
(a) General standards for height.
(i) In all Central District sub-zones, architectural towers, cupolas, turrets, spires, etc.
are encouraged and allowed to rise up to an additional twenty-five (25) feet above the
maximum allowed height so long as their area does not constitute more than fifteen
percent (15%) of the allowable building footprint of a given block.
(ii) Towers, spires or steeples on places of worship are allowed to rise up to one
hundred (100) feet.
(iii) The maximum roof pitch is 12:12 except for church towers, spires or steeples.
(iv) Any rooftop apparatus, such as air conditioning equipment, satellite dishes, etc.,
shall be included in the height measurement
(b) Height in Central District 1.
(i) Except as provided in this Section, no point of any "green roof" structure shall
exceed forty-five (45) feet in height, and no point of any other structure shall exceed
thirty-five (35) feet in height.
(ii) A height of up to eighty-five (85) feet for a pitched or other roof structure, and
up to one hundred fifteen (115) feet for a "green roof" structure, may be permitted by
the Development Review Board for structures subject to the provisions of an approved
master plan in which the DRB has approved public space (parks, courtyards, etc.) or
other public amenities.
(c) Height in Central District 2
(i) Except as provided in this Section, no point of any pitched roof structure shall
exceed forty-five (45) feet in height, and no point of any other structure (e.g., flat roofed
structure) shall exceed thirty-five (35) feet in height
(ii) A height of up to fifty-five (55) feet for a pitched roof structure, and up to forty-
five (45) feet for any other structure, may be permitted by the Development Review
Board as a bonus for the provision of additional public space (parks, courtyards, etc.), or
other public amenities.
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(d) Height in Central District 3 and 4:
(i) Except as provided in this Section, no point of any pitched roof structure shall
exceed forty-five (45) feet in height, and no point of any other structure (e.g., flat roofed
structure) shall exceed thirty-five (35) feet in height.
(ii) A height of up to fifty-five (55) feet for a pitched roof structure, and up to forty-
five (45) feet for any other structure, may be permitted by the Development Review
Board as a bonus for the provision of additional public space (parks, courtyards, etc.), or
other public amenities.
E. Accessory Structures in All Districts:
(1) Accessory structures shall not exceed fifteen (15) feet in height, except that:
(a) For industrial uses in non-residential districts, height standards for principal
structures shall apply for accessory structures; and,
(b) For residential uses, accessory structures up to twenty-five (25) feet in height shall
be permitted where the structure is located at least thirty (30) feet from all property lines,
the structure has a pitched roof, and the lot on which the structure is proposed is at least
one (1) acre in size; and,
(c) Accessory structures exceeding the height of the principal structure on the property
shall require approval by the Development Review Board as a conditional use, pursuant to
Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the
accessory structure will be clearly secondary to the principal structure in function and in
appearance from the public right-of-way.
F. Additional Height requirements.
In addition to the requirements of this Section, the provisions of Sections 4.08 (G) [Non-complying
structures in the QCP District]; 13.10 [Solar Radiation]; and 10.03 [Scenic View Protection Overlay];
shall apply;
G. Airport Approach Cones.
All height provisions are subject to the limitations of Article 13, Section 13.03, Airport Approach
Cones.
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Figure 3-1a Height of Structures
Illustrations by Adam Davis, architect
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Figure 3-1b Height of Structures
Illustrations by Adam Davis, architect
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Figure 3-1c Height of Structures
Illustrations by Adam Davis, architect
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3.08 Temporary Structures and Uses
A. General Provisions. Any temporary use of a lot, not approved in connection with the
primary use of that property, shall be restricted according to the provisions of this section. This
section shall not apply to peddling activities that are regulated through the Ordinance to Regulate
Peddling.
B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not
be placed or conducted in such manner as to obstruct or interfere with vehicle circulation and
parking, pedestrian movement, block sidewalks, obstruct crosswalks or damage landscaped areas.
C. Temporary Construction Structures. Temporary structures used in conjunction with
construction work shall be permitted only during the period that the construction is in progress.
D. Temporary Outdoor Storage. Temporary outdoor storage used in conjunction with the
principal use or uses on that property shall be permitted for a period up to one month during a
calendar year. Permits for temporary outdoor storage shall be issued by the Administrative Officer
in accordance with the provisions of this section.
E. Temporary Uses Exempt from Review. The following uses are permitted without requiring
review under this section provided such uses do not exceed the stated limits of this subsection.
Uses which exceed the stated limits shall be considered to be permanent uses and, as such, are
restricted by other portions of these regulations.
(1) The outdoor storage or parking of one (1) recreational vehicle per residential lot by
the owner, if not used for residential purposes. In residential districts, outdoor storage or
parking of recreational vehicles shall be either in the side yard or rear yard from November
1st through April 30th. One (1) recreational vehicle may be parked in a residential driveway
from May 1st through October 31st.
(2) Auctions lasting no longer than two (2) days per calendar year.
(3) Garage sales totaling no more than 8 (eight) days per calendar year.
(4) Outdoor events held by a business, organization, or resident on the same lot for no
more than four (4) consecutive days, two (2) times per calendar year.
F. Use of Recreational Vehicle as a Temporary Residence. The Development Review Board
may authorize the use of a recreational vehicle as a temporary residence as a conditional use. In
granting such a use, the Development Review Board shall specify time limits for occupancy.
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3.09 Multiple Structures and Uses
A. General Provisions. There shall be only one principal building or structure on a lot and only
one use per lot, except as otherwise provided in this Section 3.09.
B. Multiple Uses in a Structure and Umbrella Approval.
(1) The Development Review Board may approve two or more separate uses, one or more
of which is a conditional use in the underlying zoning district, in a principal building or structure
as a conditional use if it determines that:
(a) Such uses are compatible in normal manner of operation including types of traffic
generated; hours of use; lack of excessive noise, dust, odor or other objectionable element;
and any other relevant aspect of operation.
(b) Such uses can suitably share common facilities, such as parking and outdoor storage
areas, within the requirements of these regulations for any lot.
(2) Umbrella Approval
(a) The Development Review Board may approve two (2) or more separate uses in a
single principal building or structure in conjunction with site plan, PUD or conditional use
approval, provided all of the proposed uses are permitted or duly approved conditional uses
in the underlying zoning district and all other applicable standards are met. Such standards
may concern trip ends, parking spaces, gross floor area dedicated to uses where applicable,
number of restaurant or retail food establishment seats, and other numerical standards
related to the provisions of these regulations. This shall be known as an umbrella approval.
(b) Where an applicant with umbrella approval proposes a minor change in use, the
Administrative Officer may approve the change as an administrative action and grant a
zoning permit. The criteria for determining if the change is minor shall include an
assessment of projected p.m. peak hour trip ends, required parking spaces, and other
numerical criteria specified in the umbrella approval. If the applicable numerical criteria are
the same or fewer than those specified in the umbrella approval, the change may be
deemed minor.
C. Multiple Uses in Multiple Structures. The Development Review Board may approve
multiple uses in multiple buildings and structures as part of site plan approval, using an umbrella
approval. In granting site plan approval, the layout of all buildings, driveways, and parking areas
shall be specified as well as a list of potential types of uses. All general and specific site plan review
criteria shall apply.
D. Multiple Structures on a Single-User Lot or Complex. The Development Review Board may
approve two (2) or more buildings or structures on a non-residentially-zoned lot or in a commercial
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or industrial complex for one user. Relevant criteria from site plan, PUD or subdivision reviews shall
apply.
E. Occupancy of Principal Building During Construction of Another Principal Building. In
cases where an applicant proposes to construct a new principal building on a lot that already has a
principal building and then to remove or demolish the existing building, the applicant may use or
occupy the existing building during construction of the new principal building under the following
circumstances:
(1) the existing building is legal for occupancy and use
(2) the applicant shall construct and occupy the new principal building within one (1) year
of issuance of the zoning permit
(3) the existing building shall be demolished and removed within one (1) year of the
construction and occupancy of the new principal building.
(4) the applicant shall provide a suitable bond or other security in accordance with Section
15.15 of these Regulations for the cost of demolishing or removing the existing building.
F. Separate Lots Otherwise Required. All combinations of buildings, structures, and uses that
do not meet the above conditions shall require separate lots.
3.10 Accessory Structures and Uses
A. General Requirements. Customary accessory structures and uses are allowed in all districts,
as specifically regulated in that district, under the provisions that follow below.
(1) On lots of less than one (1) acre in size, no more than two (2) accessory structures,
including a detached private garage, shall be permitted per principal structure. On lots used
primarily for agricultural uses and lots that are one (1) acre or greater in size, more than two (2)
accessory structures shall be permitted provided all applicable limitations on coverage and
setbacks in these Regulations are met.
(2) Accessory structures, if detached from a principal structure, shall not be placed in the
front yard, and they shall not, if placed in a side yard, be located closer to the street than the
required front setback of the principal structure.
(3) Accessory structures shall be located a minimum of five (5) feet from all side and rear lot
lines.
(4) On corner lots, accessory structures shall not be located on the side street side between
the side street and the required front setback line of structures fronting on the side street.
(5) When an accessory structure is attached to a principal structure, it shall comply in all
respects with the requirements of these regulations applicable to the principal structure(s).
(6) Accessory structures shall comply with front yard requirements for the principal
structure to which they are accessory.
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(7) Any structure connected to another structure by an open breezeway shall be deemed to
be a separate structure.
(8) The total square footage of all accessory structures shall not exceed fifty percent (50%)
of the first or ground floor of the principal structures, with the exception of in-ground pools,
tennis courts, and other similar structures at grade level, which shall not be counted towards
the maximum square footage of accessory structures.
(9) The footprint of the accessory structure(s) shall be included in the computation of lot
coverage, except for ramps and other structures for use by the disabled, which in the sole
discretion of the Administrative Officer are consistent with the purpose of providing such
access and do not constitute a de facto expansion of decks, porches, etc.
(10) No accessory structure shall be constructed with a cellar or below-grade story.
(11) No part of any such accessory structure shall be designed or used for sleeping purposes,
and no cooking facilities shall be placed or permitted in any part of such accessory structure
unless such structure is a duly approved location of an accessory residential unit.
B. Poolhouse. Any accessory structure designed as a poolhouse shall be located no farther
than fifteen (15) feet from the swimming pool to which it shall be accessory.
C. Attached Garage. A private garage may be constructed as part of a main structure, provided
that when so constructed the garage walls shall be regarded as the walls of the main building in
applying the applicable front, side, and rear yard requirements of this chapter.
D. Accessory Retail Uses. Where non-residential uses are permitted in a residential district,
uses such as hospitals, clubs, and multi-family buildings over fifty (50) dwelling units, such uses may
conduct customary and appropriate retail activities such as gift shops, cafeterias, fitness rooms,
and snack shops. Such uses shall be conducted within the principal structure. There shall be no
external evidence of retail activity discernible from the outside of the structure. Access to the retail
activity shall only be from within the principal structure.
E. Accessory Residential Units. One (1) accessory residential unit constructed within or
attached to a primary single-family dwelling or within an existing, permitted accessory structure
shall be a permitted single family use, in accordance with the following criteria:
(1) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the
total habitable area of the single-family dwelling unit.
(2) The principal dwelling shall be owner-occupied.
(3) The accessory dwelling unit shall be an efficiency or one-bedroom unit.
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(4) Adequate wastewater capacity is available to service the accessory unit, as
demonstrated by issuance of a Wastewater Allocation or on-site wastewater permit pursuant
to the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage
and Stormwater Systems.
(5) Two (2) additional off-street parking spaces shall be provided on the same lot, either in
a garage or in a driveway, and not in any areas required to meet coverage limitations, or any
front yard area other than a driveway, required by these Regulations.
(6) If occupancy of the unit is to be restricted in the deed of the single-family home to a
disabled person, no additional off-street parking is required.
(7) A zoning permit shall be required for each accessory residential unit.
Conditional Use Review by the Development Review Board pursuant to Article 14, Section 14.10
shall be required if the establishment of the accessory residential unit involves the construction of
a new accessory structure, an increase in the height or floor area of the existing single-family
dwelling or existing accessory structure, or an increase in the dimensions of the off-street parking
areas (i.e. garages and driveway areas) presently existing on the site.
F. Accessory Uses in the IC and IO districts. In the IC-Mixed Industrial Commercial and IO-
Industrial Open Space districts, those uses designated ‘P-ACC’ in Table C-2, Table of Uses shall be
subject to the following standards and limitations:
(1) Such accessory uses shall be located wholly within a permitted principal structure.
(2) Access to the accessory use shall only be from within the principal structure.
(3) Such uses shall be included in the calculations of required parking, vehicle trip ends, and
wastewater allocations through an umbrella permit approval or other DRB approval.
(4) The total gross floor area of all such accessory uses shall be limited to ten percent (10%)
of the gross floor area of the principal structure. The owner of the building or responsible
condominium association shall be responsible for allocation of any such floor area among
accessory and principal uses.
(5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail
food establishments, which shall not exceed 5,000 SF GFA.
(6) Other accessory uses that are wholly internal to a principal permitted use (e.g.
employee cafeterias, employee fitness rooms, hospital pharmacies) pursuant to this Section
shall not require specific approval and shall not be counted towards the ten percent square
footage limitation.
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3.11 Nonconformities
A. General Provisions. These provisions shall apply to all nonconforming uses, structures, lots,
and parcels.
B. Continuance and Restrictions.
(1) Any lawful structure or any lawful use of any structure or land existing at the time of the
enactment of these regulations may be continued, although such structure or use does not
conform with the provisions of these regulations, provided the conditions in this Section 3.11
are met.
(2) A nonconforming use may be continued provided that such structure shall not be
enlarged or extended unless the use therein is changed to a conforming use.
(3) A nonconforming structure that is devoted to a conforming use may be reconstructed,
structurally altered, restored or repaired, in whole or in part, with the provision that the degree
of nonconformance shall not be increased.
(4) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored
to a safe condition as required by the Administrative Officer.
(5) A nonconforming structure shall not have its degree of nonconformance increased.
(6) A nonconforming use shall not be extended or enlarged, nor shall it be extended to
displace a conforming use, nor shall it be changed to another nonconforming use, nor shall it, if
changed to a conforming use, thereafter be changed back to a nonconforming use.
(7) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant
building containing one or more nonconforming uses from utilizing a portion of the building for
a conforming use, provided there is no expansion or extension of a nonconforming use or uses
as part of such a change in use.
C. Alterations to Conforming Structures with Nonconforming Use. A conforming structure
used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired
to an extent exceeding one hundred percent (100%) of the gross floor area of such structure unless
the use of such structure is changed to a conforming use.
D. Alterations to Nonconforming Structures.
(1) Except as otherwise provided in sub-sections (2) and (3) below, and in Article 4, Section
4.08, Queen City Park District, and in Article 12, Section 12.01(D), any nonconforming structure
may be altered, including additions to the structure, provided such alteration does not exceed
in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent
(25%) for industrial and commercial property of the current assessed value as determined by
the City Assessor and in compliance with Section 3.11(B) above.
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(2) In the event an addition or an expansion to a nonconforming structure is proposed, the
addition or expansion itself must conform with the provisions of these regulations (e.g.,
dimensional requirements such as setbacks, coverage, etc.).
(3) The thirty-five percent (35%) limitation for residential properties described above shall
not apply to structures on lots that were in existence prior to February 28, 1974.
(4) In the CD1, CD2, CD3, and CD4 zones, the aggregate cost of such alteration shall not
exceed thirty-five percent (35%) of the current assessed value of the structure being altered.
Notwithstanding the foregoing, within the CD1, CD2, CD3 and CD4 zones, nonconforming
structure shall not be altered by increasing the height or increasing the footprint, or otherwise
increasing the square footage of the building or structure. The Development Review Board may
approve an alteration that results in an aggregate cost that exceeds thirty-five percent (35%) of
the current assessed value of the structure being altered and/or which involves an increase in
the height or the footprint, or otherwise an increase in the square footage of the building or
structure, provided all of the following criteria are met:
(a) an application for alteration involves an increase in the amount of building square
footage located within a designated building envelope,
(b) the alteration does not exceed in aggregate cost one hundred percent (100%) of the
current assessed value of the structure being altered. Alternatively, if the alteration involves
reducing the degree of nonconformity by removing building square footage that is
considered nonconforming (i.e., does not meet setback requirements), the alteration shall
not exceed one hundred twenty-five percent (125%) of the current assessed value of the
structure being altered, and
(c) the application for alteration involves other improvements, such as site
improvements, which the Development Review Board finds to be in conformance with the
goals of the Comprehensive Plan for the South Burlington City Center.
E. Alterations to Facades and Exterior Finishes on Nonconforming Structures. Alterations to
facades and exterior finishes shall not be subject to the twenty-five percent (25%) or thirty-five
percent (35%) limitations described above. However, City Center Design Review Overlay District
regulations shall apply. See Article 11, Section 11.01.
F. Damage Nonconforming Structures.
(1) Any nonconforming structure damaged by any means to an extent greater than fifty
percent (50%) of its current assessed value shall be permitted to be reconstructed only if the
future use of the structure and the land on which it is located is in conformity with these
regulations.
(2) Any nonconforming damaged by any means to an extent less than fifty percent (50%) of
its current assessed value, may be rebuilt provided that:
(a) The resumption of any nonconforming use (if any) takes place within one (1) year of
the time of its interruption.
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(b) The cost of such reconstruction or structural alteration is less than fifty percent
(50%) of said fair market value.
(c) The reconstruction or structural alteration is commenced within six (6) months of
the date of interruption and completed within eighteen (18) months of the date of
interruption.
(3) Where such reconstruction or structural alteration can reasonably be accomplished so
as to result in greater conformance with these regulations, then the reconstruction or structural
alteration shall be so done.
(4) No later than six (6) months after a permanent or temporary structure has been
damaged, made uninhabitable, or has been abandoned, all scrap, debris, damaged or unsafe
materials shall be removed from the site and any remaining excavation, foundation or cellar
hole shall be covered over or filled to the existing grade by the property owner. Upon
application by the property owner, the Development Review Board may extend the time to
undertake such remedial work as a conditional use.
G. Abandonment of Nonconforming Use.
(1) No nonconforming use may be resumed if such use has been abandoned for a period of
six (6) months or more.
(2) A nonconforming use shall be considered abandoned when any of the following
conditions exist:
(a) When it is replaced by any other use, whether conforming or nonconforming.
(b) When the intent of the owner to discontinue the use is apparent. Any one of the
following may constitute prima facie evidence of a property owner's intent to abandon a
use voluntarily:
(i) failure to take necessary steps within six (6) months to resume the
nonconforming use with reasonable dispatch in any circumstances, including without
limitation failing to advertise the property for sale, rent, lease, or use,
(ii) discontinuance of the use for six (6) months, or for a total of eighteen months
during any three-year period, or
(iii) in the case where the nonconforming use is of land only, discontinuance of the
use for one hundred twenty (120) consecutive days or for a total of six (6) months
during a one (1) year period.
(c) When the characteristic equipment and furnishings have been removed from the
premises and have not been replaced by similar equipment and furnishings within six (6)
months, except in the event that the structure is damaged. In that case, Section 3.11(F)
above shall apply.
H. Construction Approved Prior to Regulations. Nothing contained in these regulations shall
require any change in plans, construction or designated use of a structure for which a zoning
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permit has been issued where the construction of such structure shall have been diligently pursued
within thirty (30) days of the date of such permit and where such structure shall be completed
according to such plans and permit within six (6) months from the effective date of these
regulations.
I. Unlawful Use Not Approved or Authorized. Nothing in these regulations shall be
interpreted as authorization for or approval of the continuance of the use of a structure or land in
violation of zoning prior to the effective date of these regulations.
J. Unsafe Structures. Nothing in these regulations shall permit the use of any portion of a
structure declared unsafe by a proper authority nor the continuation of a condition declared to be
a health hazard by an appropriate authority.
K. Nonconforming Lots or Parcels.
(1) See Section 3.05 for pre-existing small lots.
(2) The boundaries of a lot or parcel that is nonconforming for any reason other than for
being a pre-existing small lot may be altered only in a manner that decreases its degree of
nonconformity.
L. Nonconforming Use of Land with No Structure. Where no structure is involved, the non-
conforming use of land may be continued, provided that:
(1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to
occupy a greater area of land than occupied by such use at the time of enactment of these
Regulations.
(2) The lot on which such nonconforming use is located shall not be reduced in size.
(3) Such nonconforming use shall not be moved, in whole or in part, to any other portion of
the lot or parcel of land occupied by such use at the time of enactment of these Regulations.
(4) If such non-conforming use of land or any portion thereof ceases for any reason
whatsoever for one hundred twenty (120) consecutive days or for a total of six (6) months in a
one year period, any future use of such land shall be in compliance with all provisions of these
Regulations.
3.12 Alteration of Existing Grade
A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam,
topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards,
except when incidental to or in connection with the construction of a structure on the same lot,
shall require the approval of the Development Review Board. The Development Review Board may
grant such approval where such modification is requested in connection with the approval of a site
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plan, planned unit development or subdivision plat. This section does not apply to the removal of
earth products in connection with a resource extraction operation (see Section 13.16, Earth
Products.)
B. Standards and Conditions for Approval.
(1) The Development Review Board shall review a request under this Section for
compliance with the standards contained in this sub-Section 3.12(B). and Section 3.07, Height
of Structures of these regulations. An application under Section 3.12(A) above shall include the
submittal of a site plan, planned unit development or subdivision plat application showing the
area to be filled or removed, and the existing grade and proposed grade created by removal or
addition of material.
(2) The Development Review Board, in granting approval may impose any conditions it
deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
(b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion
of the operations, including grading, seeding and planting, fencing, drainage, and other
appropriate measures.
(c) Provision of a suitable bond or other security in accordance with Section 15.15
adequate to assure compliance with the provisions of these Regulations.
(d) Determination of what shall constitute pre-construction grade under Section 3.07,
Height of Structures.
3.13 General Performance and Maintenance Standards
A. Purpose of Performance Standards. Consistent with the general purposes of these
regulations, performance standards (see Appendix A) shall set specific controls on potentially
objectionable external aspects of such non-residential uses so as to:
(1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other
atmospheric pollutant outside the structure or beyond the property boundaries in which the
use is conducted.
(2) Control noise and light trespass beyond the boundaries of the site of the use.
(3) Prevent the discharge of untreated wastes into any watercourse or waterbody.
(4) Prevent the dissemination of vibration, heat, or electromagnetic interference beyond
the immediate site on which the site is located.
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(5) Prevent physical hazard by reason of biohazard, fire, explosion, radiation, or any similar
cause.
(6) Regulate and control the generation and flow of vehicular traffic so as to prevent
hazardous conditions, traffic congestion, and excessive noise in the streets.
B. Hazardous Conditions Prohibited. No land or structure in any district shall be used or
occupied in any manner so as to cause hazardous or objectionable conditions to exist or to in any
way endanger users of the site or the surrounding area. Such hazardous or objectionable
conditions include but are not limited to dangerous, injurious, noxious or otherwise objectionable
biohazard, fire, explosive, or other hazard; or to create any noise, vibration, smoke, dust, odor, air
pollution, heat, cold, dampness, electromagnetic or radioactive radiation, glare, toxicity or other
hazardous or objectionable condition on the site or in the surrounding area.
C. Performance Standards. The use of any substance or process so as to create any hazardous
or objectionable condition on the site or in the surrounding area shall be prohibited except at levels
in conformance with the requirements of this section and the performance standards listed in
Appendix A, Performance Standards.
D. Review of Performance Standards.
(1) The Administrative Officer shall withhold a zoning permit or certificate of occupancy
until satisfied that the proposed construction or use will comply with the performance
standards in Appendix A, Performance Standards.
(2) Continued performance with such standards, once applicable, shall be a requirement for
the continuance of any certificate of occupancy.
(3) Furthermore, the Administrative Officer, upon determination at any time that a use is
exceeding or may exceed performance standards or will in any way create potentially
hazardous conditions shall require an application for conditional use review under the
requirements of Article 14, Conditional Use Review and this section.
E. Required Information. Evidence of application for state and/or federal permits for the
handling of potentially hazardous conditions, and/or the following information, at minimum, may
be required for determination of compliance with performance standards or for conditional use
review of potentially hazardous conditions:
(1) Description of proposed machinery, operations, and products.
(2) Amount and nature of materials to be used.
(3) Mechanisms and techniques to be used in restricting the emission of any hazardous and
objectionable elements, as well as projected or actual emission levels.
(4) Method of delivery and disposal or recycling of any hazardous elements.
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(5) Other information as may be necessary.
F. Conditions of Approval. The Development Review Board, in granting conditional use
approval, may condition an approval to require evidence of the issuance of applicable state and/or
federal permits for the handling of hazardous conditions prior to the issuance of a zoning permit,
and may also impose conditions on the following:
(1) Size and construction of structures, quantities of materials, storage locations, handling
of materials, and hours of operation.
(2) Warning systems, fire controls and other safeguards.
(3) Provision for continuous monitoring and reporting.
(4) Other restrictions as may be necessary to protect public health and safety.
ARTICLE 4 RESIDENTIAL DISTRICTS
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4 RESIDENTIAL DISTRICTS
4.01 Residential 1 District
4.02 Residential 2 District
4.03 Residential 4 District
4.04 Residential 7 District
4.05 Residential 12 District
4.06 Residential 7 with Neighborhood Commercial District
4.07 Lakeshore Neighborhood District
4.08 Queen City Park District
4.01 RESIDENTIAL 1 DISTRICT - R1
A. Purpose. A Residential 1 District is hereby formed in order to encourage low-density single-
family residential uses. This district is located in areas where low densities are necessary to protect
scenic views and cultural resources, and to provide compatibility with adjacent natural areas. Any
use not expressly permitted is prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant
to Article 14, and accessory uses to those uses.
E. Area, Density, and Dimensional Requirements. In the Residential 1 District, all
requirements of this Section 4.01 and Table C-2, Dimensional Standards shall apply, as specified by
sub-district (R1-PRD, R1-Lakeshore, R1-Lakeview).
F. Planned Unit Development.
(1) For lots within the Residential 1 District that are five (5) acres in size or more and
designated “R1-PRD” on the Official Zoning Map, a Planned Unit Development may be
permitted at a maximum of four (4) units per acre subject to all applicable provisions of this
section and Article 15. Multi-family dwellings shall be limited to a maximum of four (4) dwelling
units per structure.
(2) For lots within the Residential 1 District that are five (5) acres in size or more and
designated “R1-Lakeshore” on the Official Zoning Map, a Planned Unit Development may be
permitted at a maximum of seven (7) units per acre subject to all applicable provisions of this
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section and Article 15. Multi-family dwellings shall be limited to a maximum of six (6) dwelling
units per structure.
(3) For lots of any size within the Residential 1 District that are designated “R1-Lakeview”
on the Official Zoning Map, a Planned Unit Development may be permitted at a maximum of
three (3) units per acre subject to all applicable provisions of this section and Article 15. Multi-
family dwellings shall be limited to a maximum of three (3) dwelling units per structure.
G. Additional Standards. Multi-Family dwelling units shall be subject to site plan review, as per
Article 14, and, except as stated in subsection 4.01(F) of these Regulations, shall be limited to a
maximum of four (4) dwelling units per structure.
4.02 RESIDENTIAL 2 DISTRICT - R2
A. Purpose. A Residential 2 District is hereby formed in order to encourage moderate-density
residential use district. This district is located primarily in transition areas between higher density
residential districts and low-density districts. Any use not expressly permitted is prohibited, except
those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant
to Article 14, and accessory uses to those uses.
E. Area, Density and Dimensional Requirements. In the Residential 2 District, all requirements
of this Section 4.02 and Table C-2, Dimensional Standards shall apply.
F. Planned Unit Development. For lots within the Residential 2 District that are five (5) acres
in size or more, a Planned Unit Development may be permitted at a maximum of four (4) units per
acre subject to all applicable provisions of this section. Multi-family dwellings shall be limited to a
maximum of four (4) dwelling units per structure
G. Additional Standards. Multi-Family dwelling units shall be subject to site plan review, as per
Article 14, and, except as stated in subsection 4.02(F) of these Regulations, shall be limited to a
maximum of four (4) dwelling units per structure.
ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
4-3
4.03 RESIDENTIAL 4 DISTRICT - R4
A. Purpose. A Residential 4 District is hereby formed in order to encourage residential use at
moderate densities that are compatible with existing neighborhoods and undeveloped land
adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that
are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant
to Article 14, and accessory uses to those uses, subject to the following standards specific to the R4
district:
(1) Places of worship shall not be permitted on local streets within the R4 district.
E. Area, Density, and Dimensional Requirements. In the Residential 4 District all requirements
of this Section 4.03 and Table C-2, Dimensional Standards, shall apply.
F. Additional Standards. Multi-family dwellings shall be subject to site plan review, as per
Article 14, and shall be limited to a maximum of four (4) dwelling units per structure.
4.04 RESIDENTIAL 7 DISTRICT - R7
A. Purpose. A Residential 7 District is hereby formed to encourage high-density residential use.
The district is located in areas that are near shopping areas, schools, and public transportation
facilities and that are served by roads capable of carrying high traffic volumes. Offices and specified
other commercial uses may be permitted within the district in locations that have direct access to
arterial and collector streets and that will not adversely affect residential properties. Any use not
expressly permitted is prohibited except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
4-4
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant
to Article 14, and accessory uses to those uses, subject to the following standards specific to the R7
district:
(1) Places of worship and affiliated educational facilities; such facilities shall not be
permitted on local streets within the R7 district.
E. Area, Density, and Dimensional Requirements. In the Residential 7 District all requirements
of this Section 4.04 and Table C-2, Dimensional Standards, shall apply.
F. Additional Standards. Multi-family dwellings shall be subject to site plan review, as per
Article 14.
4.05 RESIDENTIAL 12 - R12
A. Purpose. A Residential 12 District is hereby formed to encourage high-density residential
use. The district is located in areas that are near shopping areas, schools, and public transportation
facilities and that are served by roads capable of carrying high traffic volumes. Offices and specified
other commercial uses may be permitted within the district in locations that have direct access to
arterial and collector streets and that will not adversely affect residential properties. Any use not
expressly permitted is prohibited except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Planned Unit Development. Planned Unit Developments shall be required in R12 districts.
D. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
E. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant
to Article 14, and accessory uses to those uses, subject to the following standards specific to the
R12 district:
(1) Places of worship and affiliated educational facilities; such facilities shall not be
permitted on local streets within the R12 district
F. Area, Density, and Dimensional Requirements. In the Residential 12 District all
requirements of this Section 4.05 and Table C-2, Dimensional Standards, shall apply.
ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
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4.06 RESIDENTIAL 7 WITH NEIGHBORHOOD COMMERCIAL DISTRICT - R7-NC
A. Purpose. In certain Residential 7 Districts, there may be a community need for a
neighborhood commercial area. These commercial areas are intended to serve the convenience
shopping needs of local residents and employees. Their location and design are intended to make
them accessible both by vehicle and by foot, thereby somewhat reducing traffic volume in the
immediate vicinity. In these areas, businesses offering goods and services will be limited in allowed
floor area and use as per the regulations set forth below; such regulations generally follow existing
Commercial 1. District regulations. Such districts shall be considered non-residential districts for
purposes of these Regulations.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses.
(1) Residential as principal permitted uses as per Residential 7 District regulations and
accessory dwelling units as conditional uses.
(2) Office
(3) Medical office
(4) Retail, not including shopping centers or general merchandise stores
(5) Gasoline filling station with consumer convenience center
(6) Personal service establishment
(7) Retail food establishment, not to exceed 5,000 square feet in gross floor area
(8) Accessory uses customary to the uses listed above
D. Lot, Area, and Dimensional Requirements. The lot, area, and dimensional requirements
shall be those set forth in Table C-2, Dimensional Standards, for C1 Districts. Provisions of Article 3
and Table C-2, Dimensional Standards, may be modified by the Development Review Board in
accordance with the conditions and objectives of this Section 4.06.
E. Additional Standards.
(1) Non-residential development and multi-family development shall be subject to site plan
review, as set forth in Article 14.
(2) Multiple structures and multiple uses within structures may be allowed, if the
Development Review Board determines that the subject site has sufficient frontage, lot size,
and lot depth. Area and frontage requirements may be met by the consolidation of contiguous
lots under separate ownership. Construction of a new public street may serve as the minimum
frontage requirements.
ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
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(3) Access, parking, and internal circulation:
(a) Parking requirements may be modified, depending in the extent of shared parking,
the presence of sidewalks or recreation paths, and residences lying within walking distance
(defined as no further than one-fourth of mile for purposes of this zoning district). Any
requirements for shared access and/or parking must be secured by permanent legal
agreements acceptable to the City Attorney.
(b) Parking shall be placed to the side or rear of the structures if possible.
(c) Parking areas shall be designed for efficient internal circulation and the minimum
number of curb cuts onto the public roadway.
(d) Access improvements and curb cut consolidation may be required.
(e) Where existing residential dwellings are converted to nonresidential use, the
residential appearance of the structure shall be retained.
(4) Commercial properties that abut residential districts shall provide a screen or buffer
along the abutting line, as per Section 3.06(I) and Section 13.06 of these Regulations.
4.07 LAKESHORE NEIGHBORHOOD DISTRICT LN
A. Purpose. A Lakeshore Neighborhood District (LN) is hereby formed in order to encourage
residential use at densities and setbacks that are compatible with the existing character of the lake
shore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. The district is
designed to promote the area's historic development pattern of smaller lots and minimal setbacks.
This district encourages the conversion of seasonal homes to year round residences. Any use not
expressly permitted is prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant
to Article 14, and accessory uses to those uses.
E. Area, Density, and Dimensional Requirements. In the Lakeshore Neighborhood District all
requirements of this Section 4.07 and Table C-2, Dimensional Standards, as well as Section 4.08(F)
(Height of Structures), shall apply.
ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
4-7
4.08 QUEEN CITY PARK DISTRICT QCP
A. Purpose. A Queen City Park District (QCP) is hereby formed in order to encourage
residential use at densities and setbacks that are compatible with the existing character of the
Queen City Park neighborhood. It is designed to promote the area's historic development pattern
of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal
homes to year round residences. Any use not expressly permitted is prohibited, except those that
are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to
those uses.
D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant
to Article 14, and accessory uses to those uses.
E. Area, Density, and Dimensional Requirements. In the Queen City Park District all
requirements of this Section 4.08 and Table C-2, Dimensional Standards shall apply.
F. Nonconforming Structures. Structures in the Queen City Park District shall be subject to the
provisions of Article 3, Section 3.11, nonconformities, and to the following requirements and
restrictions:
(1) Any nonconforming structure may be altered provided such work does not:
(a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and
twenty-five percent (25%) for nonresidential properties of the fair market value as
determined by the City Assessor or by a separate independent appraisal approved by the
Administrative Officer; or
(b) Involve an increase to the structure's height or footprint, or otherwise involve an
increase to the square footage of the building or structure.
(2) The Development Review Board may approve any alteration which exceeds the thirty-
five and twenty-five percent rule described above or which involves an increase to the
structure's height, footprint or square footage subject to the provisions of Article 14,
Conditional Use Review.
(3) The Development Review Board shall determine that the proposed alteration or
expansion will not adversely affect:
(a) Views of adjoining and/or nearby properties;
(b) Access to sunlight of adjoining and/or nearby properties; and
ARTICLE 4 RESIDENTIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
4-8
(c) Adequate on-site parking.
G. Additional Standards.
(1) Development, construction, and alterations within the QCP District within one hundred
(100) linear feet of the center line of Potash Brook shall be subject to the requirements of the
Potash Brook Overlay District.
(2) Multi-family dwellings shall be subject to site plan review, as per Article 14, and shall be
limited to a maximum of four (4) dwelling units per structure.
ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
5-1
5 COMMERCIAL DISTRICTS
5.01 Commercial 1 (C1)
5.02 Commercial 1 with Automobile Sales (C1-AUTO)
5.03 Commercial 1 with Airport-Related Uses (C1-AIR)
5.04 Commercial 1 with Limited Retail (C1-LR)
5.05 Commercial 2 (C2)
5.06 Swift Street District (SW)
5.07 Allen Road District (AR)
5.08 Supplemental Standards for Commercial Districts
5.01 COMMERCIAL 1 - C1
A. Purpose. A Commercial 1 District is hereby formed in order to encourage the location of
general retail and office uses in a manner that serves as or enhances a compact central business
area. Other uses that would benefit from nearby access to a central business area, including
clustered residential development and small industrial employers, may be permitted if they do not
interfere with accessibility and continuity of the commercial district. Large-lot retail uses,
warehouses, major industrial employers, and incompatible industrial uses shall not be permitted.
Planned Unit Developments are encouraged in order to coordinate traffic movements, promote
mixed-use developments, provide shared parking opportunities, and to provide a potential location
for high - traffic generating commercial uses. Any uses not expressly permitted are prohibited,
except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Uses. In the Commercial 1 District, principal permitted uses and conditional uses shall be
those shown in Table C-1, Table of Uses, and accessory uses to those uses.
D. Area, Density, and Dimensional Requirements. In the Commercial 1 District, area, density,
and dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
E. Residential Development Density. In the Commercial 1 District, those areas of the
Commercial 1 district generally in the vicinity of the intersection of Dorset Street and Williston
Road, and Williston Road and Interstate Highway 89, and which are designated as “C1-R12” on the
South Burlington Zoning Map shall have a maximum allowable residential density of twelve (12)
units per acre. Those areas of the Commercial 1 district generally in the vicinity of Shelburne Road
and designated as “C1-R15” on the South Burlington Zoning Map shall have a maximum allowable
residential density of fifteen (15) units per acre.
ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
5-2
F. Additional Standards.
(1) All applications within the Commercial 1 District shall be subject to the supplemental
standards in Section 5.08.
(2) Applications for a drive-through facility shall be subject to conditional use review and
the following restrictions at minimum:
(a) Compliance with Traffic Overlay District provisions, if applicable.
(b) Compliance with an approved access management plan providing for curb cut
consolidation and secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking
lane length and aisle width.
(3) Educational facilities and educational support facilities in the Commercial 1 district shall
be subject to the dimensional standards and requirements of the Institutional-Agricultural
North district.
5.02 COMMERCIAL 1 WITH AUTOMOBILE SALES DISTRICT (C1-AUTO)
A. Purpose. The purpose of the C1-AUTO District is to recognize the existence of several
automobile sales and service facilities in this area of the City and allow for their continued
operation and improvement, while not detracting from the overall purpose of the C1 District.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Location. This area is generally bounded to the south by Holmes Road, to the west by the
western boundaries of 1185 - 1325 Shelburne Road and Fayette Road, to the north by the northern
boundary of the South Burlington Cemetery Property west of Shelburne Road and the northern
boundary of 1030 Shelburne Road east of Shelburne Road, and to the east by the R4 District
boundary north of Baldwin Avenue and the centerline of Shelburne Road south of Baldwin Avenue.
After the adoption of these land development regulations, new C1-AUTO districts shall be
permitted only upon action of the Planning Commission and City Council and where the existing
zoning is Commercial 1 (C1).
D. Uses. In the Commercial 1-AUTO District, principal permitted uses and conditional uses shall
be those shown in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the Commercial 1-AUTO District, area,
density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
The maximum residential density shall be fifteen (15) units per acre.
ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
5-3
F. Additional Standards.
(1) All applications within the Commercial 1-AUTO District shall be subject to the
supplemental standards in Section 5.08.
(2) Applications for a drive-through facility shall be subject to conditional use review and
the following restrictions at minimum:
(a) Compliance with Traffic Overlay District provisions, if any.
(b) Compliance with an approved access management plan, providing for curb cut
consolidation and secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking
lane length and aisle width.
5.03 COMMERCIAL 1 DISTRICT WITH AIRPORT USES C1-AIR
A. Purpose. The purpose of the Commercial 1 with Airport Uses District (C1-AIR) is to recognize
the existence of airport-related support services and businesses and to encourage their location in
close proximity to the Burlington International Airport. Any use not expressly permitted is
prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of south Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Location. After the adoption of these Regulations, new C1-AIR districts shall be permitted
only upon action of the Planning Commission and City Council and only where the pre-existing
zoning is Commercial 1 (C1), or where the new district is adjacent to the Burlington International
Airport or to an existing Airport District or Airport Industrial District.
D. Uses. In the Commercial 1-AIR District, principal permitted uses and conditional uses shall
be those shown in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the Commercial 1-AIR District, area,
density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
The maximum residential density shall be twelve (12) units per acre.
F. Additional Standards. All applications within the Commercial 1-AIR District shall be subject
to the supplemental standards in Section 5.08.
5.04 Commercial 1 with Limited Retail (C1-LR)
A. Purpose. A Commercial 1 with Limited Retail C1-LR District is hereby formed in order to
encourage the location of general retail at specific intersections in the city, to serve nearby
ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
5-4
residential areas. These commercial areas are intended to serve the convenience shopping needs
of local residents and employees. Their location and design are intended to make them accessible
both by motorized vehicle and by foot, thereby somewhat reducing traffic volume in the
immediate vicinity. In these areas, businesses offering goods and services will be limited in allowed
floor area and use. Such regulations generally follow existing Commercial 1 District regulations. Any
uses not expressly permitted are prohibited, except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Uses. In the Commercial 1 with Limited Retail C1-LR District, principal permitted uses and
conditional uses shall be those shown in Table C-1, Table of Uses.
D. Area, Density, and Dimensional Requirements. In the Commercial 1 with Limited Retail C1-
LR District, area, density, and dimensional requirements shall be those shown in Table C-2,
Dimensional Standards. The maximum residential density shall be twelve (12) units per acre.
E. Additional Standards. All applications within the Commercial 1-LR District shall be subject
to the supplemental standards in Section 5.08.
5.05 COMMERCIAL 2 DISTRICT C2
A. Purpose. A Commercial 2 District is hereby formed in order to encourage general
commercial activity. In addition to uses permitted in the C1 District, large lot-retail uses, such as
sale of motor vehicles and building materials, may be permitted. A range of industrial uses as well
as clustered residential development may be permitted in locations that are mutually compatible
with general commercial activity. Development shall be subject to site plan review to coordinate
traffic movements, encourage mixed-use developments, to provide shared parking opportunities
and to provide a potential location for high-traffic generation commercial uses. Any uses not
expressly permitted are prohibited except those that are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Uses. In the Commercial 2- C2 District, principal permitted uses and conditional uses shall
be those shown in Table C-1, Table of Uses.
D. Area, Density, and Dimensional Requirements. In the Commercial 2 C2 District, area,
density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
The maximum residential density shall be seven (7) units per acre.
ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
5-5
E. Additional Standards. All applications within the Commercial 2-C2 District shall be subject
to the supplemental standards in Section 5.08.
5.06 SWIFT STREET DISTRICT SW
A. Purpose. In the Swift Street area of the City, residential land uses predominate but exist
compatibly with non-residential uses. A Swift Street District recognizes the complex of existing land
uses and densities and allows for the further development of this area. Future residential
development shall be at Residential 7 densities given this area’s proximity to an important arterial
road with significant commercial development. Future commercial development shall be in general
keeping with Commercial 1 (C1) regulations to provide for the goods and services needs of local
residents.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Uses. In the SW District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses.
D. Area, Density, and Dimensional Requirements. In the SW District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards. The
maximum residential density shall be seven (7) units per acre.
E. Additional Standards. All applications within the SW-Swift Street District shall be subject to
the supplemental standards in Section 5.08.
5.07 ALLEN ROAD DISTRICT AR
A. Purpose. In the Allen Road area of the City, residential land uses predominate but exist
compatibly with light commercial, light industrial, and other non-residential uses. An Allen Road
District recognizes the complex of land uses and densities here, the area’s potential as a major
gateway into the City from the south, and allows for the further development of this area. Future
residential development shall be at Residential 12 densities given this area’s proximity to an
important arterial road with significant commercial development. Future commercial development
shall be in general keeping with Commercial 1 (C1) regulations to provide for the goods and
services needs of local residents.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
ARTICLE 5 COMMERCIAL DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
5-6
C. Uses.
(1) In the AR District, principal permitted uses and conditional uses shall be those shown in
Table C-1, Table of Uses.
(2) Service stations shall be permitted only on lots having frontage on Shelburne Road.
D. Area, Density, and Dimensional Requirements. In the AR, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards. The maximum residential
density shall be twelve (12) units per acre.
E. Additional Standards. All applications within the AR-Allen Road District shall be subject to
the supplemental standards in Section 5.08.
5.08 Supplemental Standards for All Commercial Districts
A. Development according to commercial district regulations and multifamily development at
the residential density specified for the applicable district shall be subject to site plan review, as set
forth in Article 14, the purpose of which shall be to encourage innovation of design and layout,
encourage more efficient use of land for commercial development, promote mixed-use
development and shared parking opportunities, provide coordinated access to and from
commercial developments via public roadways, and maintain service levels on public roadways
with a minimum of publicly financed roadway improvements.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may
be allowed, if the Development Review Board determines that the subject site has sufficient
frontage, lot size, and lot depth. Area requirements and frontage needs may be met by the
consolidation of contiguous lots under separate ownership. Construction of a new public street
may serve as the minimum frontage needs. Where multiple structures are proposed, maximum lot
coverage shall be the normal maximum for the applicable district.
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the
presence of sidewalks or recreation paths, and residences lying within walking distance (defined
as no further than one-quarter (¼) mile for purposes of commercial zoning districts). Any
requirements for shared access and/or parking must be secured by permanent legal
agreements acceptable to the City Attorney.
(2) Parking areas shall be designed for efficient internal circulation and the minimum
number of curb cuts onto the public roadway.
(3) Access improvements and curb cut consolidation may be required.
D. Commercial properties that abut residential districts shall provide a screen or buffer along
the abutting line in accordance with Section 3.06(I) of these Regulations.
ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
6-1
6 INDUSTRIAL and AIRPORT DISTRICTS
6.01 Mixed Industrial-Commercial District IC
6.02 Airport District AIR
6.03 Airport Industrial District AIR-I
6.04 Industrial-Open Space District I-O
6.05 Supplemental Standards for Industrial and Airport Districts
6.01 MIXED INDUSTRIAL-COMMERCIAL DISTRICT IC
A. Purpose. The Mixed Industrial-Commercial District is formed to encourage general
industrial and commercial activity in areas of the City served by major arterial roadways and with
ready access to Burlington International Airport. The Mixed Industrial- Commercial district
encourages development of a wide range of commercial, industrial and office uses that will
generate employment and trade in keeping with the City’s economic development policies. These
uses are encouraged in locations that are compatible with industrial activity and its associated land
use impacts. Major commercial uses, such as supermarkets and shopping centers shall not be
permitted. Any uses not expressly permitted are prohibited, except those that are allowed as
conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Review Procedures. All applications for development within the IC district shall be reviewed
pursuant to the site plan provisions of Article 14, unless the PUD or subdivision provisions control.
D. Uses. In the IC District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the IC district, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
F. Additional Standards. All applications within the IC District shall be subject to the
supplemental standards in Section 6.05.
6.02 AIRPORT DISTRICT AIR
A. Purpose. The Airport District is formed to facilitate the development and operation of
Burlington International Airport, the Vermont Air National Guard, and associated facilities, while
providing standards for review and development that improve the compatibility of these uses with
ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
6-2
surrounding residential and commercial uses. Any uses not expressly permitted are prohibited,
except those which are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Review Procedures. All proposed development within the AIR district shall be reviewed
pursuant to the planned unit development provisions of these regulations.
D. Uses. In the AIR District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
F. Additional Standards. All applications within the AIR District shall be subject to the
supplemental standards in Section 6.05 and the following additional standards:
(1) No use shall be permitted which will produce electrical interference with radio
communications or radar operations at the Airport.
(2) No lights or glare shall be permitted which could interfere with vision or cause confusion
with airport lights.
(3) No use shall be permitted which could obstruct the aerial approaches to the Airport.
(4) All uses shall comply with all applicable provisions of the Federal Aviation
Administration, and any other federal or state regulations pertaining to airports.
6.03 AIRPORT INDUSTRIAL DISTRICT AIR-I
A. Purpose. In areas proximate to the Airport, an Airport Industrial AIR-I District is established
to provide sufficient land area for the Vermont Air National Guard and Airport-related uses,
support facilities, and commercial activities that may be incompatible with general residential or
commercial uses. The standards and regulations for the Airport Industrial District recognize the
importance of these facilities and uses to the operation of the City and regional economies while
providing appropriate setbacks and buffering to offset their impacts on adjacent land uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Review Procedures. All proposed development within the AIR-I district shall be reviewed
pursuant to the planned unit development provisions of these regulations.
ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
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D. Uses. In the AIR District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses.
E. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards.
F. Additional Standards. All applications within the AIR District shall be subject to the
supplemental standards in Section 6.05 and the following additional standards:
(1) No use shall be permitted which will produce electrical interference with radio
communications or radar operations at the Airport.
(2) No lights or glare shall be permitted which could interfere with vision or cause confusion
with airport lights.
(3) No use shall be permitted which could obstruct the aerial approaches to the Airport.
(4) All uses shall comply with all applicable provisions of the Federal Aviation
Administration, and any other federal or state regulations pertaining to airports.
6.04 INDUSTRIAL-OPEN SPACE DISTRICT IO
A. Purpose. The Industrial-Open Space IO District is established to provide suitable locations
for high-quality, large-lot office, light industrial and research uses in areas of the City with access to
major arterial routes and Burlington International Airport. The IO District regulations and standards
are intended to allow high-quality planned developments that preserve the generally open
character of the district, minimize impacts on natural resources and water quality, and enhance the
visual quality of approaches to the City while providing suitable locations for employment and
business growth. The location and architectural design of buildings in a manner that preserves
these qualities is strongly encouraged. Any uses not expressly permitted are prohibited, except
those which are allowed as conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Review Procedures. All proposed development within the IO district shall be reviewed
initially pursuant to the planned unit development provisions of these regulations. The DRB may
condition PUD approvals involving the creation of individual lots for development to allow
subsequent applications for development of individual lots to be reviewed pursuant to the
standards and procedures for site plan review in Article 14 of these regulations.
D. Uses. In the IO District, principal permitted uses and conditional uses shall be those shown
in Table C-1, Table of Uses.
ARTICLE 6 INDUSTRIAL and AIRPORT DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
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E. Area, Density, and Dimensional Requirements.
(1) In the IO district, area, density, and dimensional requirements shall be those shown in,
Table C-2, Dimensional Standards.
(2) The minimum lot size of an individual lot within a PUD may be modified by the
Development Review Board provided the overall tract of land involved in the PUD complies
with the minimum and average lot size requirements for the IO district.
F. Additional Standards. All applications within the IO District shall be subject to the
supplemental standards in Section 6.05.
6.05 Supplemental Standards for Industrial and Airport Districts
A. Site plan or PUD review required. Development according to industrial and airport district
regulations shall be subject to site plan or planned unit development review as specified above, the
purpose of which shall be to encourage innovation of design and layout, encourage more efficient
use of land for development, promote shared parking opportunities, provide coordinated access to
and from commercial developments via public roadways, and maintain service levels on public
roadways with a minimum of publicly financed roadway improvements.
B. Multiple structures and uses permitted. Multiple structures, multiple uses within
structures, and multiple uses on a subject site may be allowed, if the Development Review Board
determines that the subject site has sufficient frontage, lot size, and lot depth. Area and frontage
requirements may be met by the consolidation of contiguous lots under separate ownership.
Construction of a new public street may serve as the minimum frontage requirements. Where
multiple structures are proposed, maximum lot coverage shall be the normal maximum for the
applicable districts.
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the
presence of sidewalks or recreation paths, and residences lying within walking distance (defined
as no further than one-quarter (¼) mile for purposes of these districts). Any requirements for
shared access and/or parking must be secured by permanent legal agreements acceptable to
the City Attorney.
(2) Parking shall be placed to the side or rear of the structures if possible.
(3) Parking areas shall be designed for efficient internal circulation and the minimum
number of curb cuts onto the public roadway.
(4) Access improvements and curb cut consolidation may be required.
D. Buffer strip. Properties in the Airport, Mixed Industrial Commercial, Industrial Open Space
and Airport Industrial districts that abut residential districts shall provide a screen or buffer along
the abutting line, as per Section 3.06(I) (buffers).
ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
7-1
7 OTHER DISTRICTS
7.01 Institutional and Agricultural District (IA)
7.02 Park and Recreation District (PR)
7.03 Municipal District (MU)
7.01 Institutional and Agricultural District I-A
A. Purpose. It is the purpose of the Institutional and Agricultural District to provide for the
educational, conservation, research and agricultural operations of the University of Vermont on its
properties within South Burlington. It is the further purpose of the Institutional and Agricultural
District to provide for the integration of University-related uses into the City's overall land use
pattern through the use of appropriate site planning techniques that promote a beneficial pattern
of access, circulation, landscaping, and pedestrian connections between University properties and
adjacent neighborhoods. The more intensive nature of the University’s properties adjacent to the
main campus along Williston Road and the more open, undeveloped character of the properties
farther south of the main campus along Spear and Swift Street are also recognized in these land
development regulations.
To implement these objectives, properties within the Institutional-Agricultural District are
designated as Institutional-Agricultural North (“IANORTH”) or Institutional-Agricultural South (“IA-
SOUTH”) on the South Burlington Zoning Map and references are made herein to IA-NORTH and IA-
SOUTH properties. Any uses not expressly permitted are prohibited, except those uses allowed as
conditional uses.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set
forth therein.
C. Permitted Uses. The following uses are permitted in the Institutional-Agricultural District.
(1) Agriculture, forestry and horticultural uses (ALL)
(2) Retail sale of agricultural, forest or horticultural products produced on site. Such use
shall be subject to site plan review in accordance with Article 14 of these Regulations. (ALL)
(3) Keeping of livestock (ALL)
(4) Single-family dwelling related to agriculture, forestry or horticultural use (ALL)
(5) Additional dwelling units for farm employees, subject to site plan review in accordance
with Article 14 of these Regulations. (ALL)
(6) Park (ALL)
(7) Recreation path, subject to site plan review in accordance with Article 14 of these
Regulations. (ALL)
ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
7-2
(8) Hospice (ALL)
(9) Educational facility with customary educational support facilities, reviewed as a Planned
Unit Development in accordance with Article 15 of these Regulations, and including without
limitation the following uses in conjunction with a principal educational facility use:
(a) Cultural facility (ALL)
(b) Group quarters (ALL)
(c) Office (ALL)
(d) Medical office (ALL)
(e) Place of worship (ALL)
(f) Recreation facility, indoor (NORTH ONLY)
(g) Recreation facility, outdoor (NORTH ONLY)
(h) Research facility or laboratory (ALL)
(i) Convenience store up to 3,000 SF in size within a principal permitted structure
(NORTH ONLY)
(j) Photocopy and printing shop with accessory retail use, up to 3,000 SF in size within a
principal permitted structure (NORTH ONLY)
(k) Personal service up to 3,000 SF in size within a principal permitted structure (NORTH
ONLY)
(l) Short-order restaurant, within a principal permitted structure (NORTH ONLY)
(m) Retail business up to 3,000 SF in size within a principal permitted structure (NORTH
ONLY)
(n) Social services (NORTH ONLY)
(o) Accessory uses to the uses listed above in the applicable district (i.e. North only or
all)
D. Conditional Uses. The following uses are allowed in the Institutional-Agricultural District as
conditional uses subject to approval by the Development Review Board as a Planned Unit
Development in accordance with the provisions of this Section 7.01 and Table C-2, Dimensional
Standards.
(1) Accessory residential dwelling units
(2) Day care facility
(3) Municipal building
(4) Parking facility (NORTH ONLY)
(5) Public utility substation and transmission lines
(6) Group home
(7) Cemetery
(8) Accessory uses to the uses listed above in the applicable district (i.e. North only or all)
E. Area, Density and Dimensional Requirements. In the Institutional-Agricultural District, all
requirements of this Section 7.01 and Table C-2, Dimensional Standards shall apply.
ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
7-3
F. Additional Standards
(1) For properties in the Institutional-Agricultural district west of Spear Street and north of
Quarry Hill Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet
between the boundary of any adjacent residential zoning district and any new non-residential
structure. The DRB may require landscaping or other suitable screening in accordance with the
provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-
residential structures and adjacent residential districts.
(2) For all other properties in the Institutional-Agricultural district, an undeveloped area
shall be maintained for a minimum of one hundred (100) feet between the boundary of any
adjacent residential zoning district. The yard shall be kept free of buildings, structures, parking
lots and facilities, and access drives other than those required to cross through the required
yard. The DRB may require landscaping or other suitable screening in accordance with the
provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-
residential structures and adjacent residential districts.
(3) Educational facilities and educational support facilities in the Commercial 1 district shall
be subject to the dimensional standards and requirements of the Institutional-Agricultural
North district.
7.02 Park and Recreation District PR
A. Purpose. A Park and Recreation District is hereby formed in order to provide for the
recreational needs of the City's residents, to provide a balance between developed recreation
areas and natural recreation areas, to integrate private parks into the recreation system, and to
make recreation areas accessible to all residents regardless of physical ability.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set
forth therein.
C. Permitted Uses. The following uses are permitted in the Park and Recreation District.
(1) Agriculture, forestry and horticultural uses
(2) Retail sale of agricultural, forest or horticultural products produced on site. Such use
shall be subject to site plan review in accordance with Article 14 of these Regulations.
(3) Keeping of livestock
(4) Park
(5) Single-family dwelling related to agriculture, forestry or horticultural use
(6) Additional dwelling units for farm employees, subject to site plan review in accordance
with Article 14 of these Regulations.
ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
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(7) Recreation path
(8) Indoor recreation facility
(9) Outdoor recreation facility
(10) Not-for-profit organization whose primary purpose is the provision of educational or
research services related to agriculture, horticulture, forestry, natural resource preservation,
arts or recreation.
D. Conditional Uses. The following uses are allowed in the Park and Recreation District as
conditional uses subject to approval by the Development Review Board as a Planned Unit
Development in accordance with the provisions of this Section 7.02 and Table C-1, Table of Uses.
(1) Public utility substation and transmission lines
(2) Day care center
(3) Accessory residential dwelling units
E. Area, Density and Dimensional Requirements. In the Park and Recreation District, all
requirements of this Section 7.02 and Table C-2, Dimensional Standards shall apply.
F. Additional Standards. In reviewing any Permitted or Conditional Use proposed under this
Section shall meet the following standards in addition to those in Article 14 of these Regulations:
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
(2) The proposed use will be compatible with and protect the ability to preserve public
recreational use and planned open spaces and natural areas on the project site.
(3) The proposed use will include areas that may be used or accessed by the general public.
7.03 Municipal District MU
A. Purpose. A Municipal District is hereby formed to provide for public schools, municipal
services including but not limited to administration, police, fire, water, street, and sewer services,
landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations
such as CSWD], and other municipal uses, excluding public recreation.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set
forth therein.
C. Permitted Uses. The following uses are permitted in the Municipal District:
(1) Agriculture, forestry and horticultural uses
ARTICLE 7 OTHER DISTRICTS
South Burlington Land Development Regulations Effective January 25, 2016
7-5
(2) Retail sale of agricultural, forest or horticultural products produced on site. Such use
shall be subject to site plan review in accordance with Article 14 of these Regulations.
(3) Keeping of livestock
(4) Single-family dwelling related to agriculture, forestry or horticultural use
(5) Additional dwellings for farm employees, subject to site plan review in accordance with
Article 14 of these Regulations.
(6) Community center
(7) Public educational facility
(8) Recreation path
(9) Municipal building
(10) Private providers of public services
(11) Recreation facility, indoor
(12) Recreation facility, outdoor
(13) Offices incidental and subordinate to a permitted use listed above
D. Conditional Uses. The following uses are allowed in the Municipal District as conditional
uses subject to approval by the Development Review Board in accordance with the provisions of
this Section 7.03 and Table C-1, Table of Uses.
(1) Day care centers
(2) Public utility substation and transmission lines
(3) Waste handling and transfer facilities
(4) Commercial or public parking facility
E. Area, Density and Dimensional Requirements. In the Municipal District, all requirements of
this Section 7.03 and Table C-2, Dimensional Standards shall apply.
F. Additional Standards. In reviewing any Permitted or Conditional Use proposed under this
Section shall meet the following standards in addition to those in Article 14 of these Regulations:
(1) The proposed use will provide an affirmative public benefit to the City and its citizens.
(2) The proposed use will be compatible with and protect the ability to preserve public
recreational use and planned open spaces and natural areas on the project site
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-1
8 CENTRAL DISTRICT (CD)
8.01 General Purpose of the Central District
8.02 Establishment of Sub-Districts
8.03 Prohibited Uses – All Districts
8.04 Dimensional Requirements in All Districts
8.05 Specific Sub-District Regulations
8.01 General Purpose of the Central District
The Central District is hereby formed in order to encourage the location of a balanced and
coordinated mixture of residential, commercial, public and private uses adjacent to Dorset Street
that support the city center goals and objectives contained in the Comprehensive Plan. It is
designed to promote efficient use of land by concentrating mixed uses within a well-defined
Central District. This will provide a pedestrian-oriented circulation network that minimizes
vehicular traffic. It also encourages the traditional town center pattern of appropriately scaled
buildings facing onto a well-defined and active public street. Innovative site planning and master
planning are encouraged to maximize uses, shared parking, public open space and pedestrian
amenities which create an aesthetically pleasing and socially active community center on and
around Dorset Street. To this end, all applications involving ten (10) or more acres of land in any
Central District shall require a Master Plan approval pursuant to Article 15 of these Regulations.
8.02 Establishment of Sub-Districts
The Central District is divided into four (4) sub-districts - Central District 1, Central District 2, Central
District 3 and Central District 4. Permitted and Conditional Uses and dimensional standards vary by
sub-district as established in Sections 8.06 through 8.10 of these Regulations.
8.03 Prohibited Uses - All Districts
In addition to all uses which are not specifically listed as a permitted or conditional use, the
following uses are expressly prohibited:
(1) Drive-through establishments
(2) Service stations and gasoline pumps including self-service gas stations
(3) Amusement arcades
(4) Car washes
(5) Short-order restaurants with drive-through service.
(6) Manufacturing
(7) Outdoor storage in connection with any permitted use, except dumpsters which must
be reviewed for adequate screening during the development approval process.
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-2
(8) Contractor's yards
(9) Motor freight terminals
(10) Commercial kennels, veterinary hospitals, and pet day care
(11) Automobile, mobile home and boat sales, service and rental.
(12) Wholesale establishments
(13) Storage and warehousing and distribution facilities
(14) Taxi companies, storage and auto or truck repair garages
(15) Bottle redemption centers
(16) Hotels and motels which include only sleeping accommodations and no other amenities
such as meeting rooms, restaurants, cocktail lounges or other shops.
8.04 Dimensional Requirements in All Districts
A. Purpose. The general intent of the building setbacks in the Central District is to require all
buildings to front on to public streets and to require that parking facilities are located in the center
of the blocks to the greatest extent practicable, occupy only minimal frontage on public streets,
and are thoroughly screened from view from public streets and rights-of-way.
B. Location of buildings and structures.
(1) All buildings and structures, with the exception of parking facilities, are required to be
constructed within an allowable building envelope. The maximum depth of allowable building
envelopes shall be eighty (80) feet and, in general, shall be measured from the nearest planned
public street right-of-way as shown on the South Burlington Official Map.
(2) The Development Review Board may approve a building, a portion of which extends
beyond the building envelope provided the building contains a minimum of two (2) stories and
the overall site design of the property is found to be in conformance with the intent and
purpose of the Central District.
(3) Exemption for master planned buildings and structures. Buildings and structures whose
footprint, parking, and access are subject to and reviewed in conjunction with an approved
master plan in the Central District 1 shall be exempt from requirements for the maximum depth
of an allowable building envelope.
C. Special Standards for Setbacks
(1) Side yard setbacks shall be a minimum of five (5) feet, or between zero (0) and five (5)
feet if a fire wall is provided.
(2) The front yard setback area along Dorset Street, Brookwood Drive and Sherry Road shall
be restricted to the following uses or improvements:
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-3
(a) landscaping and green space
(b) access drives
(c) pedestrian oriented improvements including but not limited to sidewalks, plazas,
benches, and bicycle racks.
(d) utility services provided they are placed underground. Appurtenant facilities such as
transformers and amplifiers may be installed at ground level where such is in accordance
with Section 13.18 of these Regulations (utility cabinets and structures).
D. Location of Parking Areas and Structures
(1) Multi-level parking garages and decks may be constructed within an allowable building
envelope, and/or outside of an allowable building envelope if located in the center of a block.
(2) Surface parking may be provided within the allowable building envelope if it is located
behind a building and is hidden from view from the public street.
(3) The Development Review Board may approve surface parking which is within the
allowable building envelope and which is not hidden from view from the public street by a
building, provided:
(a) the subject parking represents the smallest practicable portion of the total parking
required for the property,
(b) the area encompassed by the subject surface parking represents a significantly
minor portion of the total allowable building envelope area existing on the property,
(c) the applicant has sought parking waivers from the DRB to reduce the amount of
surface parking required, and
(d) the overall site design of the property is found to be in conformance with the intent
and purpose of the Central District.
E. Parking Requirements
(1) The parking requirements of Table 13 are required in the Central District. These
standards may be met on-site or off-site if the parking facility is located within seven hundred
(700) feet of the main entrance of the establishment and is approved by the Development
Review Board.
(2) The Development Review Board may accept a contribution to the parking trust fund to
establish a municipal parking lot in lieu of parking spaces. The amount of the contribution shall
be based on a per space fee set by the City Council.
(3) The Development Review Board may further reduce the amount of parking required, up
to a maximum of eighty percent (80%) of the number of spaces required, in conjunction with an
approved master plan upon a showing by the applicant that the master plan includes viable
provisions for off-site employee parking and transportation and construction of mass transit
stops within the master planned area sufficient to further reduce parking demand.
(4) Parking lots located in the centers of blocks shall be connected with openings between
lots to allow traffic flow between lots.
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-4
F. Density. Height, coverage, setbacks, floor area ratios (F.A.R.) and the maximum size of units
will govern the density of the Central District. The F.A.R. is the ratio of building square footage to
lot size. For example, a 5,000 square foot building on a 5,000 square foot lot has an F.A.R. of 1.0. A
2,500 square foot building footprint on 2 floors (5,000 square feet total) on a 5,000 square foot lot
also has an F.A.R. of 1.0. A one story 2,500 square foot building on a 5,000 square foot lot has an
F.A.R. of 0.5.
8.05 Specific Sub-District Regulations
A. Central District 1
(1) Building envelopes: Allowable building envelopes shall be in accordance with Section
8.04(B), with the exception of Dorset Street. The standards for review of a proposed building
envelope and setbacks shall be:
(a) The proposed site layout shall provide for a strong building presence of habitable or
leasable building area along all public streets on which the property fronts. Interruptions in
the street presence of the proposed building shall be located to front on service
thoroughfares.
(b) Surface and structured parking areas shall be screened from all public thoroughfares
by habitable or leasable areas of buildings. The DRB may allow a minor portion of the
parking on a site to be screened by building facades if in the DRB's judgment the objectives
of the Comprehensive Plan for the City Center are met.
(c) For lots fronting on public streets on three or more sides, a strong building presence
of habitable or leasable building area shall be required along a length of street frontage
equivalent to the combined length of the two longest street frontages on the property.
(d) Surface parking may only be allowed along public street frontage or service
thoroughfares if in the DRB's judgment all practicable measures to avoid such location have
been taken and all parking areas will be completely screened from view by the habitable or
leasable area of a building or by a building façade.
(2) Allowable building envelopes in the Central District 1 along Dorset Street: In the
Central District 1 along Dorset Street, the envelope is measured from a point twenty (20) feet
east of the right-of-way, thereby creating a twenty (20) foot minimum front yard setback from
Dorset Street.
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-5
Figure 8-1 Allowable Building Envelope (Typical), CD-1
(3) Building Coverage. For buildings not subject to an approved master plan, the maximum
coverage shall be forty percent (40%) for buildings only and ninety percent (90%) overall. The
overall site coverage for all non-landscaped surfaces (including buildings) for a master plan shall
be sixty percent (60%). For individual parcels subject to an approved master plan, the maximum
coverage shall be eighty percent (80%) for buildings only and ninety-five percent (95%) overall
(including buildings, parking, walks, and all other non-landscaped surfaces), provided the
overall site coverage for all properties subject to the approved master plan is not exceeded by
the grant of an individual permit.
(4) Density in Central District 1: The base maximum density of development shall not
exceed an F.A.R. of 0.8. The Development Review Board may explicitly approve development
up to an overall F.A.R. of 1.5 in conjunction with a master plan approval of a parcel or parcels
within the CD1 district as a bonus for the provision of special, public-oriented amenities such as
parks, courtyards, pedestrian ways, etc. The maximum residential density shall be forty (40)
units per acre (with a minimum unit size of five hundred (500) square feet). The maximum
F.A.R. for an individual parcel subject to an approved master plan shall be 8.0, provided the
overall maximum approved F.A.R. for all properties subject to the approved master plan is not
exceeded by the grant of an individual permit.
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-6
B. Central District 2
(1) Allowable Building Envelopes in Central District 2: In the Central District 2, allowable
building envelopes shall be in accordance with Section 8.04(B), with the exception of San Remo
Drive and Dorset Street. Along San Remo Drive, the envelope is measured from a point thirty-
two (32) feet from the centerline of the San Remo Drive right-of-way. Along Dorset Street, the
envelope is measured from a point twenty (20) feet east of the right-of-way line, thereby
creating a twenty (20) foot minimum front yard setback from Dorset Street.
(2) Lot Coverage in Central District 2: The maximum coverage shall be forty percent (40%)
for buildings and ninety percent (90%) overall (including buildings, parking, walks, plazas,
garages, etc.). Where a multi-level parking structure is to be constructed on a lot, the maximum
allowable coverage for buildings shall be ninety percent (90%).
(3) Density in Central District 2: The base maximum density of development shall not
exceed an F.A.R. of 0.5. The Development Review Board may explicitly approve development
up to an F.A.R. of 1.0 as a bonus for the provision of special, public-oriented amenities such as
parks, courtyards, pedestrian ways, etc. The maximum residential density shall be twenty (20)
units per acre (minimum unit size of five hundred (500) square feet).
Figure 8-2 Allowable Building Envelope (Typical), CD-2
ARTICLE 8 CENTRAL DISTRICT
South Burlington Land Development Regulations Effective January 25, 2016
8-7
C. Central District 3 and 4
(1) Allowable Building Envelopes in Central District 3 and 4: Allowable building envelopes
shall be in accordance with Section 8.04(B), with the exception of Dorset Street, Brookwood
Drive and Sherry Road. Along Dorset Street, the envelope is measured from a point ten (10)
feet west of the right-of-way line, thereby creating a minimum ten (10) foot front yard setback
from Dorset Street. Along Brookwood Drive and Sherry Road, the envelope is measured from a
point thirty-two (32) feet from the centerline of the roadway right-of-way.
(2) Lot Coverage in Central District 3 and 4: The maximum coverage of commercial
development and mixed residential/commercial development shall be forty percent (40%) for
buildings and ninety percent (90%) overall (including buildings, parking, walks, plazas, garages,
etc.). The maximum coverage for residential development shall be fifty percent (50%) for
buildings only and eighty percent (80%) overall. Where a multi-level parking structure is to be
constructed on a lot, the maximum allowable coverage for buildings shall be ninety percent
(90%).
(3) Density in Central District 3 and 4: The base maximum density of development shall not
exceed an F.A.R. of 0.5. The Development Review Board may explicitly approve development
up to an F.A.R. of 0.7 as a bonus for the provision of special, public-oriented amenities such as
parks, courtyards, pedestrian ways, etc. The maximum residential density shall be twenty-five
(25) units per acre (minimum unit size of five hundred (500) square feet).
Figure 8-3, Allowable Building Envelope (Typical), CD-3
ARTICLE 9 SOUTHEAST QUADRANT
South Burlington Land Development Regulations Effective January 25, 2016
9-1
9 SOUTHEAST QUADRANT - SEQ
9.01 Purpose
9.02 Comprehensive Plan
9.03 Uses
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
9.05 Residential Density
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
9.07 Regulating Plans
9.08 SEQ-NRT SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards
9.09 SEQ-VR Sub-District; Specific Standards
9.10 SEQ-VC Sub-District; Specific Regulations
9.11 Supplemental Standards for Arterial and Collector Streets
9.12 SEQ-NRP; Supplemental Regulations
9.13 SEQ Review and Approval Process
9.01 Purpose
A Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agriculture, and well-planned
residential use in the area of the City known as the Southeast Quadrant. The natural features, visual
character and scenic views offered in this area have long been recognized as very special and unique
resources in the City and worthy of protection. The design and layout of buildings and lots in a manner that
in the judgment of the Development Review Board will best create neighborhoods and a related network of
open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be encouraged. Any
uses not expressly permitted are hereby prohibited, except those which are allowed as conditional uses.
9.02 Comprehensive Plan
These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive
Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In
the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive
Plan, the Southeast Quadrant chapter shall control.
9.03 Uses
In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of
Uses.
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
A. The SEQ District is divided into six sub-districts:
(1) SEQ-NRP SEQ – Natural Resource Protection
(2) SEQ-NRT SEQ – Neighborhood Residential Transition
(3) SEQ-NR SEQ – Neighborhood Residential
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(4) SEQ-NRN SEQ – Neighborhood Residential North
(5) SEQ-VR SEQ – Village Residential
(6) SEQ-VC SEQ – Village Commercial
B. These sub-districts are shown on the map entitled Southeast Quadrant Zoning Map, incorporated
into this bylaw.
C. Areas designated SEQ-NR, SEQ-NRN, SEQ-NRT, SEQ-VR, and SEQ-VC shall be considered
development areas. Areas designated SEQ-NRP are designated as conservation areas, and are subject to
supplemental regulations in this Article.
D. Interpretation of Sub-District Boundaries.
In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the
Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the
Planning Commission define the location of the boundary with respect to the subject property. The Planning
Commission shall consider such request at a meeting of the Planning Commission held within 60 days of
receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for
persons, including municipal staff, officials, and consultants, to present information relevant to the
determination of the boundary location. The Planning Commission has the authority to invoke technical
review of any such submittals or to gain additional information. Within 30 days following such meeting, or
any continuation thereof, the Planning Commission shall determine the boundary location, giving
consideration to the original intent or purpose in designating such sub-district, as expressed in the Southeast
Quadrant chapter of the Comprehensive Plan.
9.05 Residential Density
A. Maximum Assigned Density: The maximum assigned density of a parcel or portion of a parcel in any
SEQ sub-district shall be one point two (1.2) dwelling units and/or lots per gross acre.
(1) SEQ-VC: Lots in the SEQ-VC district that were in existence as of the effective date of this Article
and that are two acres or less in size shall be allowed an assigned residential density of 4 d.u. to the acre
as of right. This density may be increased to no more than 8 d.u. to the acre through the transfer of
development rights. Development in SEQ-VC shall be according to Section 9.10.
B. Average Development Density: The number of dwelling units that may be located on, or the
number of single family house lots that may be created, within a contiguous development parcel subject to a
single PUD or Master Plan approval shall not exceed an average density and a maximum number of units per
structure of the following:
(1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2) SEQ-NRT: Four (4) dwelling units (du) to the acre
(3) SEQ-NR: Four (4) dwelling units (du) to the acre and four (4) dwelling units per structure
(4) SEQ-NRN: Four and two-thirds (4.67) dwelling units (du) to the acre and four (4) dwelling units
per structure
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(5) SEQ-VR: Eight (8) dwelling units (du) to the acre and six (6) dwelling units per structure
(6) SEQ-VC: Eight (8) dwelling units (du) to the acre and six (6) dwelling units per structure.
Such average densities may be achieved only under a PUD Planned Unit Development application. See
Section 9.13, SEQ Review and Approval Process.
Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater
number of dwelling units than those permitted in these Regulations, such approved number of units in a
structure shall remain in effect.
C. Affordable Housing Density Increase.
Affordable housing bonuses pursuant to Section 13.14 are allowed in the SEQ-NR, SEQ-NRT, SEQ-VR, and
SEQ-VC sub-districts. If affordable housing, as defined and regulated in Article 13 of these Regulations, is
proposed as part of a development application, the Development Review Board may grant a density
increase in any of the eligible SEQ sub-districts according to the requirements of Section 13.14.
Calculation of the allowed density increase (i.e. 25% or 50% per Section 13.14) shall be based on the
maximum allowable overall density of the project as a whole, including non-contiguous sending parcels
where applicable. If a development plan is approved by the Development Review Board meeting, the
applicable average density may be increased on the development parcel sufficient to accommodate the
affordable housing units.
In addition, the Development Review Board may allow a residential structure in SEQ-VR and SEQ-VC to have
two additional dwelling units per structure, up to a maximum of eight (8) dwelling units per structure, if one
or more of the units in the structure is an affordable unit. This provision shall not be interpreted to allow an
increase in the total allowable number of units for the project as a whole.
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
The following standards shall apply to development and improvements within the entire Southeast
Quadrant Zoning District.
A. Height. See Article 3.07.
(1) Heights of structures within the SEQ-NRN sub-district shall adhere to the standards of the SEQ-
NR sub-district except where limited by the requirements in Section 9.08.(C)(8).
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels, creating or enhancing stream buffer
areas, or creating or enhancing buffers for primary or secondary natural communities.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub-district, allowing carefully planned development at the average
densities provided in this bylaw.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall
be established by the applicant. Such plan shall describe the intended use and maintenance of each
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area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use
and maintenance is encouraged. Existing natural resources on each site shall be protected through the
development plan, including (but not limited to) primary natural communities, streams, wetlands,
floodplains, conservation areas shown in the Comprehensive Plan, and special natural and/or geologic
features such as mature forests, headwaters areas, and prominent ridges. In making this finding the
Development Review Board shall use the provisions of Article 12 of this bylaw related to wetlands and
stream buffers.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties. In making this finding, the Development Review Board may
rely on evidence that the project will be covered under the General Permit for Construction issued by
the Vermont Department of Environmental Conservation.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible with the
surrounding landscape. The use of split rail or other fencing made of natural materials is encouraged.
Chain link fencing shall be prohibited except:
(a) fencing for agricultural purposes, and
(b) fencing for recreational purposes, such as baseball diamonds, tennis courts, basketball
courts, dog parks, or similar activities. Any chain link fencing installed for these purposes shall be
plastic coated in either dark green or black.
In all cases, proposed fences shall comply with this section and section 13.17 (Fences) of these
Regulations
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans that
create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any
soil group) such as but not limited to community-supported agriculture. Provisions that enhance overall
neighborhood and natural resource values rather than preservation of specific soil types are strongly
encouraged.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board
that an alternative location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on
the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and
water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a City water
allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the
Department of Environmental Conservation.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be
designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent properties.
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(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is
consistent with City utility plans and maintenance standards, absent a specific agreement with the
applicant related to maintenance that has been approved by the City Council.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited to, minimum
distance between structures, street width, vehicular access from two directions where possible, looping
of water lines, water flow and pressure, and number and location of hydrants.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for
pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between
neighborhoods. . In making this finding the Development Review Board may rely on the findings of a traffic
study submitted by the applicant, and the findings of any technical review by City staff or consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance
standards, absent a specific agreement with the applicant related to maintenance that has been
approved by the City Council.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
9.07 Regulating Plans
A. Description and Regulatory Effect. The regulatory text of this Article is supplemented with
illustrations, officially known as the Regulating Plan, illustrating the dimensional and design concepts. The
Regulating Plan contains basic land planning and neighborhood design criteria that are intended to foster
attractive and walkable neighborhood development patterns. Design criteria and guidelines set forth below
are intended to address basic neighborhood design relationships related to scale, connectivity, and overall
orientation that promote pedestrian friendly development as follows in Section 9.07(C).
The Regulating Plan is an illustrative guide; it does not have the same force of regulation as does the text in
this bylaw. However, the Development Review Board will refer to both the Regulating Plan and the text of
this section in its project reviews.
B. General Provisions
(1) The Regulating Plan shall apply to new development within the SEQ-NRT, SEQ-NR, SEQ-NRN,
SEQ-VR and SEQ-VC sub-districts.
(2) All residential lots created on or after the effective date of this bylaw in any SEQ sub-district
shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to
1:5 recommended.
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(3) For lots and/or structures with approvals prior to the effective date of this bylaw, the Regulating
Plan shall not supersede such approvals, Table C-1, Permitted and Conditional Uses, or Table C-2,
Dimensional Standards.
C. Street, Block and Lot Patterns
(1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are
intended to provide pedestrian-scaled development patterns and an interconnected system of streets
that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips.
(2) Street Design: The intention of street design criteria is to provide a system of attractive,
pedestrian-oriented streets that encourage slower speeds, maximize connections between and within
neighborhoods, and contribute to neighborhood livability.
(3) Building Design: The intention of the building design guidelines is to ensure that new housing
and commercial development reinforce a pedestrian-friendly environment, while allowing creativity in
design.
D. Parks Design and Development.
(1) General standards. The SEQ has an existing large community park, the Dorset Street Park
Complex. Parks in the SEQ may be programmed as neighborhood parks or mini-parks as defined in the
Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with
programming approved by the South Burlington Recreation Department. Such parks are to be located
through the neighborhoods in order to provide a car-free destination for children and adults alike, and
to enhance each neighborhood’s quality of life. They shall be knitted into the neighborhood fabric as a
focal point in the neighborhood, to add vitality and allow for greater surveillance by surrounding homes,
local streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and there should
be a park within a quarter-mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-NRT,
SEQ-NR, SEQ-NRN, SEQ-VR, and SEQ-VC sub-districts:
(a) Distribution and Amount of Parks:
(i) A range of parks and open space should be distributed through the SEQ to meet a
variety of needs including children’s play, passive enjoyment of the outdoors, and active
recreation.
(ii) Parks should serve as the focus for neighborhoods and be located at the heart of
residential areas, served by public streets and fronted by development.
(iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program.
(iv) A neighborhood or mini park of 10,000 square feet or more should be provided within a
one-quarter mile walk of every home not so served by an existing City park or other publicly-
owned developed recreation area.
(b) Dedication of Parks and Open Space: Parks and protected open space must be approved by
City Council for public ownership or management, or maintained permanently by a homeowners’
association in a form acceptable to the City Attorney.
(c) Design Guidelines
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(i) Parks should be fronted by homes and/or retail development in order to make them
sociable, safe and attractive places.
(ii) Parks should be located along prominent pedestrian and bicycle connections.
(iii) To the extent feasible, single-loaded roads should be utilized adjacent to natural open
spaces to define a clear transition between the private and public realm, and to reinforce
dedicated open space as a natural resource and not extended yard areas.
Figure 9-1: Conceptual Distribution of Parks within 1/4 Mile of Homes.
9.08 SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards
The SEQ-NR, SEQ-NRN, and SEQ-NRT sub-districts have additional dimensional and design requirements, as
enumerated in this Section.
A. Street, block and lot pattern.
(1) Development blocks. Development block lengths should range between 300 and 500 linear
feet. If it is unavoidable, blocks 500 feet or longer must include mid-block public sidewalk or recreation
path connections.
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Figure 9-2: Typical SEQ-NR, SEQ-NRN, and SEQ-NRT Block Size and Lot Proportion
(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 500 feet.
(b) Dead end streets (e.g. cul de sac) are strongly discouraged. Dead end streets shall not
exceed 200 feet in length.
(c) Street stubs are required at the end of dead end streets to allow for future street
connections and/or bicycle and pedestrian connections to open space and future housing on
adjoining parcels per section 15.12(D)(4).
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line
and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a
notice of intent to construct future streets is strongly encouraged.
(4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to
1:5 recommended.
Figure 9-3: Interconnected Street Pattern with Future Street Connections to Adjoining Property.
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B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) are intended
to be low-speed streets for local use that discourage through movement and are safe for pedestrians
and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-
2, and Figures 9-4 and 9-5 below.
(2) Sidewalks.
(a) Sidewalks must be a minimum of five feet in width with an additional minimum five-foot
planting strip (greenspace) separating the sidewalk from the street.
(b) Sidewalks are required on one side of the street.
(3) Street Trees
(a) Street trees are required along all streets in a planting strip a minimum of five feet wide.
(b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City
Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and
shall be planted no greater than thirty feet (30’) on center.
(4) On-street parking. Sufficient space for one lane of on-street parking shall be provided on all
streets except for arterials outside of the SEQ-VC and SEQ-VR sub-districts. This requirement may be
waived within the SEQ-NRN sub-district provided the DRB finds sufficient off-street parking has been
provided to accommodate the parking needs of the uses adjacent to the street.
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and
to slow traffic.
(6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided
sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
should be consistent with the lower-intensity development patterns and character of the SEQ, with
lower, smoother levels of illumination (rather than hot-spots) and light trespass minimized to the lowest
level consistent with public safety.
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Figure 9-4: Pavement Dimensions: Collector Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Table 9-1: Street Design Criteria for Collector Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Design Speed 25 mph
Pavement width (parking one side) 28’
at wetland crossings 20’
Minimum radius of curves 260’
Minimum tangent length between curves 50’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
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Figure 9-5: Pavement Dimensions: Local Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Table 9-2: Street Design Criteria for Local Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR
Design Speed 25 mph
Pavement width (parking one side) 26’
With no parking 24’
With no parking, SEQ-NRN 20’
at wetland crossings 18’
Minimum radius of curves (1) 200’
Minimum tangent length between curves 50’
Minimum distance between centerline offsets 150’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
(1) In the SEQ-NRN sub-district, the minimum curve radius shall be determined based on recommendation of the Fire
Department and Department of Public Works
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Figure 9-6: Conceptual Intersection Design
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11). A
minimum of thirty-five percent (35%) of translucent windows and surfaces should be oriented to the
south. In the SEQ-NRN sub-district, residential buildings should orient their rooflines to maximize solar
gain potential, to the extent possible within the context of the overall standards of the regulating plan.
(2) Building Façades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private
space and are oriented to the street are encouraged. In the SEQ-NRN sub-district, residential buildings
with rear facades that orient towards a public recreation path should employ rear porches, balconies, or
other features to enhance their architectural detail.
(3) Front Building Setbacks. A close relationship between the building and the street is critical to
the ambiance of the street environment.
(a) Buildings should be set back a maximum of twenty-five feet (25’) from the back of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks.
(4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot
line, the facade of the garage that includes the vehicle entrance must be set back a minimum of eight
feet (8’) behind the building line of the single or two-family dwelling.
(a) For the purposes of this subsection:
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(i) The building width of a single or two-family dwelling, not including the garage, shall be
no less than twelve feet (12’), except for a duplex with side-by-side primary entries, in which
case the building width of each dwelling unit in the duplex, not including a garage, shall be no
less than eight feet (8’)
(ii) The portion of the single or two-family dwelling that is nearest the front lot line may be
a covered, usable porch, so long as the porch is no less than eight feet (8’) wide.
(b) The DRB may waive this provision for garages with vehicle entries facing a side lot line,
provided that (i) the garage is visually integrated into the single or two-family dwelling; and (ii) the
façade of the garage that is oriented to the street is no more than eight feet (8’) in front of the
façade of the house that is oriented to the street.
(c) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses.
Figure 9-7: Residential Garage Placement Options
(d) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of
near-identical units.
(i) Mix of Housing Styles, SEQ-NRN sub-district. A minimum of at least three (3) housing
styles (i.e. ranch, cape cod, colonial, etc.), sizes, and/or affordability is required within
neighborhoods and developments. These should be mixed within blocks, along the street and
within neighborhoods rather than compartmentalized into sections of near-identical housing
styles. Where housing styles are repeated, different colors and/or materials shall be employed
to enhance variety.
D. Landscape and Fence Buffer Standards, SEQ-NRN sub-district
(1) Applicability and submission requirements. This section provides standards for the landscaping
of development within the SEQ-NRN sub-district. A landscape plan shall be included as part of any
preliminary and/or final plat application.
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(2) Existing Vegetation
(a) Existing vegetation that can effectively serve as landscape buffer to potentially
incompatible uses and/or are significant, heathy trees shall be retained to the maximum extent
possible, while accommodating the permitted level of development.
(b) Landscaped Buffers
(i) Location - Table 9-2A establishes the required locations and lengths of landscaped
buffers. It also summarizes the principal standards for the design of those buffers, which are set
forth in detail below. These buffers are alternatives, not cumulative.
(ii) Width – Table 9-2A establishes a minimum width for landscaped buffers of different
types in different situations to be located between a property line that is adjacent to an
identified “Adjoining Use” and the nearest principal structures.
(3) Landscape Buffer Types
(a) Type 0 – Low Height Vegetation. A Type 0 landscaping typically includes grass or meadow
area with foundation screening at the buildings. This type of buffer is intended to provide
separation between new buildings and the existing land uses.
(b) Type I - Dense Plantings. A Type I landscaped buffer must be composed primarily of
continuous dense screening vegetation / hedge that will be at least five (5) feet in width and grow
to at least six (6) feet in height.
(c) Type II – Informal Plantings. A Type II landscaped buffer must be composed of a split rail
fence (or equivalent approved by the DRB), major trees, a partial understory of small trees, and a
berm with a mixture of shrub type plantings. The minimum amount of planting per 100 horizontal
feet of buffer shall be a full ground cover, two trees of at least 3” caliper, three ornamental or
understory trees of at least 2” caliper, and any combination of shrubbery that occupies at least 50%
of the area at the time of planting, all of which shall be distributed throughout the minimum buffer
width described in Table 9-2A. With approval of the City Council, up to 10 feet of the green space
between a recreation path and a property line may be used to enable the installation of the split
rail fence and a portion of a berm.
(4) Use of Berms. Earthen Berms. An earthen berm may be required to increase the effectiveness
of a landscaped buffer. The landscaping plan shall show the contours of the proposed berm and one or
more cross-sections detailing its construction. The required buffer width may be reduced by the height
of the berm, up to a number of feet that shall not exceed 25% of the required width, as provided in
Table 9-2A.
(a) Berms shall not exceed six feet (6’) in height.
(b) No berm shall have a slope greater than 3:1, except where a retaining wall is used
in accordance with these Regulations.
(5) Delineation Fences. Any development proposed adjacent to a City park shall include a fence
delineating the separation of property lines, as depicted on Figure 9-2A. Such fence shall be of a split-rail
or similar variety.
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(6) Permissible impervious surfaces in landscaped buffers.
(a) Crossings. Landscaped buffers may be crossed by driveways, roads, sidewalks, trails, and
utility lines, including necessary risers and boxes, serving the development. The width of these
crossings should be minimized.
(b) Light Standards. The bases of standards for approved outdoor lighting may be placed in a
landscaped buffer.
(c) Miscellaneous. Landscaped buffers may include retaining walls, planters, minor impervious
surfaces that are part of runoff and erosion control works; and sculptures or other works of art.
(7) Supplemental setback standards, SEQ-NRN sub-district. In addition to the standards set forth in
Table C-2, Dimensional Standards and this section, the requirements of Table 9-2A shall apply.
Table 9-2A Supplemental landscape buffer and setback requirements, SEQ-NRN sub-district
Adjoining Use Minimum Buffer Widths Minimum setback (5)
Type 0 Type I (5) Type II
High Use Rec Path (1) n/a n/a 30' 50'
Lower Use Rec Path (2) 70' n/a 27' 30'
Resource Protection Area (3) 40' 5' 27' 35'
% Reduction for Use of Berm (4) 25% n/a 25% n/a'
(1) The section of recreation path running along the west side of the SEQ-NRN sub-district, as shown on Figure
9-2A.
(2) The section of recreation path running along the south and east sides of the SEQ-NRN sub-district, as shown
on Figure 9-2A.
(3) The area located at the north boundary line of the SEQ-NRN sub-district, as shown on Figure 9-2A
(4) Plantings are to be placed on top of berm for added vertical screening effect. Reduction not applicable to
High Use Recreation Path.
(5) Setbacks apply to all principal structures.
(8) Supplemental Height Standards, SEQ-NRN sub-district. In addition to the standards set forth in
Table C-2, Dimensional Standards, residential structures shall be limited to a maximum of one (1) total
story within the areas marked as “1-Story Building Area” on Figure 9-2A.
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Figure 9-2A: SEQ-NRN Buffer and Height Standards
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9.09 SEQ-VR Sub-District; Specific Standards
The SEQ-VR sub-district has additional dimensional and design requirements, as enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 400 linear
feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 feet or longer must
include mid-block public sidewalk or recreation path connections.
(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 400 feet.
(b) Dead end streets (e.g. culs de sac) are discouraged. Dead end streets shall not exceed 200
feet in length.
(c) Street stubs are required at the end of dead end streets to allow for future street
connections and/or bicycle and pedestrian connections to open space and future housing on
adjoining parcels per section 15.12(D)(4).
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line
and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a
notice of intent to construct future streets is strongly encouraged.
(4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to
1:5 recommended.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the VR sub-
district are intended to be low-speed streets for local use that discourage through movement and are
safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth
in Tables 9-3 and 9-4, and Figures 9-8 and 9-9 below.
(2) Sidewalks
(a) Sidewalks must be a minimum of five feet (5’) in width with an additional minimum five-foot
planting strip (greenspace) separating the sidewalk from the street.
(b) Sidewalks are required on one side of the street, and must be connected in a pattern that
promotes walkability throughout the development. The DRB may in its discretion require
supplemental sidewalk segments to achieve this purpose.
(3) Street Trees; see Section 9.08(B)(3)
(4) On-street parking; see Section 9.08(B)(4).
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and
to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
(6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided
sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
should be consistent with the lower-intensity development patterns and character of the SEQ, with
lower, smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest level
consistent with public safety.
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C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets).
(2) Building Façades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private
space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and
the street is critical to the ambiance of the street environment.
(a) Buildings should be set back fifteen feet (15’) from the back of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks.
Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with
glazing or other solid materials.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7.
(5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-
identical units.
Table 9-3: Street Design Criteria for Collector Streets, VR and VC
Design Speed 25 mph
Pavement width (parking one side) 28’
Pavement width (parallel parking both sides) 36’
at wetland crossings 20’
Minimum radius of curves 260’
Minimum tangent length between curves 50’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
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Figure 9-8: Pavement Dimensions, Collector Streets, SEQ-VR
Table 9-4: Street Design Criteria for Local Streets, VR and VC
Design Speed 25 mph
Pavement width (parking one side) 26’
Pavement width (parallel parking both sides) 34’
With no parking 24’
at wetland crossings 18’
Minimum radius of curves 200’
Minimum tangent length between curves 50’
Minimum distance between centerline offsets 150’
Minimum vertical sight distance 150’
Minimum horizontal sight distance 275’
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Figure 9-9: Pavement Dimensions, Local Streets, SEQ-VR
9.10 SEQ-VC Sub-District; Specific Regulations
The SEQ-VC sub-district has additional dimensional and design requirements, as enumerated in this section.
A. Street, block and lot pattern.
(1) Development blocks. Development block lengths should range between 200 and 300 linear
feet; see Figure 9-2 for example. Blocks 300 feet or longer must include mid-block public sidewalk or
recreation path connections.
(2) Interconnection of Streets
(a) Average intersection spacing shall be 200 to 300 feet.
(b) Dead end streets (e.g. cul de sacs) are discouraged. Dead end streets shall not exceed 200
feet in length.
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(c) Street stubs are required at dead end streets to allow for future street connections and/or
bicycle and pedestrian connections to open space and future housing on adjoining parcels per
Section 15.12(D)(4).
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property
line per Section 15.12(D)(4) of these Regulations to allow connection to adjacent parcels. Posting signs
with a notice of intent to construct future streets is strongly encouraged.
(4) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot
depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets in the VC sub-district are intended
to be low-speed streets for local use that discourage through movement and are safe for pedestrians
and bicyclists. Dimensions for public collector and local streets shall be as set forth in Section 9.09(B)(1)
above, and Tables 9-3 and 9-4; cross-sections shall be as set forth in Figures 9-10 and 9-11 below.
(2) Sidewalks
(a) Sidewalks must be a minimum of five feet in width plus a minimum five-foot planting strip
separating the sidewalk from the street.
(b) Sidewalks are required on both sides of the street.
(3) Street Trees; see Section 9.08(B)(3)
(4) On-street Parking; see Section 9.08(B)(4)
(5) Intersection Design. Intersections shall be designed to reduce pedestrian crossing distances and
to slow traffic; see Section 9.08(B)(5) and Figure 9-6.
(6) Lighting. Pedestrian scale light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure
pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent
with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of
illumination (rather than hot-spots) and trespass minimized to the lowest level consistent with public
safety.
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Figure 9-10: Pavement Dimensions: Collector Streets, SEQ-VC
Figure 9-11: Pavement Dimensions: Local Streets, SEQ-VC
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C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11).
(2) Building Façades. Building façades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but façades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private
space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and
the street is critical to the ambiance of the street environment. Front building setbacks in the SEQ-VC
district will vary depending on the building type and neighborhood design. Residential buildings should
complement the setbacks of surrounding commercial buildings.
(a) Setbacks to the building line as defined in these Regulations may range from zero feet (o’) to
a maximum of fifteen feet (15’).
(b) Where buildings are set back from the sidewalk, porches, stoops, balconies may project into
the front setback area, and may overhang the sidewalk at the second and higher levels.
(4) Placement of Residential Garages and Parking Areas. Parking for residential uses must be
located in side or rear yards, or in an approved shared parking area within the VC sub-district.
(5) Off-Site and Shared Parking. The distance limitations of Section 13.01(D) (2)(b) shall not apply
in the VC sub-district; applicants may utilize off-site or on-site (as applicable) shared parking located
anywhere within the VC district or within any area within 1,000 linear feet regardless of zoning sub-
district.
D. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District
(1) Building Orientation. Non-residential buildings must be oriented to the principal public street
on which the building has a façade. Primary building entries must be oriented to and open onto a
sidewalk or other public walkway providing access from the public street. Secondary building entries
may open onto parking areas.
(2) Building Façades
(a) Building facades should be varied and articulated for pedestrian interest.
(b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank
or solid walls (without glazing) should not exceed thirty feet (30’) in length at the street level.
(c) Building entries should be emphasized with special architectural treatment.
(d) All buildings should have a well-defined ‘base’ with richer detail in the pedestrian’s
immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a
recognizable ‘top’ consisting of elements such as cornice treatments, roof overhangs with brackets,
textured materials, stepped parapets.
(e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet.
Mansard style roofs are discouraged.
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(f) Buildings in the SEQ-VC should employ “four-sided” design principles intended to ensure a
high visual quality from any publicly-used vantage point.
(3) Building Setbacks. New buildings with commercial uses must be built within a build-to-zone
established no less than fifteen feet (15’) and no more than twenty feet (20’) from the edge of the curb.
The area between the building and the curb shall provide for convenient pedestrian access via sidewalk
or recreation path; see Section 9.10(C)(1) above. Parking is prohibited between the building and the
sidewalk.
(4) Parking
(a) Notwithstanding the provisions of Article 13 of these Regulations, each non-residential use
shall provide three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a
parking waiver in conformance with Section 13.1(N)(3).The Development Review Board may allow
on-street parking within 500 linear feet of the nearest building line of the use to count towards the
use’s parking requirements.
(b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking
anywhere within the VC district, regardless of linear distance from the proposed use.
9.11 Supplemental Standards for Arterial and Collector Streets
A. Setbacks. The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm Road,
Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as set forth in
Section 3.06(B) (1) and (2) of these Regulations.
B. Building Orientation along Arterial and Collector Streets.
(1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm Road, or
Swift Street, or which have the potential to include frontage along Swift Street Extension or Old Cross
Road Extension, shall maintain a setback of twenty feet (20’) from the edge of the planned street right-
of-way.
(2) New developments with frontage on Hinesburg Road shall maintain a setback of forty feet (40’)
from the edge of the planned street right-of-way.
(3) This setback area shall be attractively landscaped, with suitable street trees, grassed swales or
other means of infiltrating storm runoff, and fencing made of natural materials, in a manner that creates
a defined edge to the development, without creating a visual “wall” or barrier. Acceptable alternatives
for this treatment are shown in Figures 9-12 and 9- 13.
(4) A public sidewalk or recreation path planned in coordination with the South Burlington
Recreation Path Committee shall be incorporated into the setback area.
(5) The use of earthen berms of more than four feet (4’) in height above the average pre-
construction or finished grade of the setback area, shall not be permitted. Under no circumstances shall
vegetation other than grasses and low-growing shrubs be planted along the slope or top of any berms or
other land shaped areas.
ARTICLE 9 SOUTHEAST QUADRANT
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9.12 SEQ-NRP; Supplemental Regulations
A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a
qualified land trust and shall not be developed with a residence, or
(2) Such lot may be developed with a residence or residences pursuant to a conservation plan
approved by the Development Review Board. See 9.12(B) below.
(3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the
Development Review Board’s approval of a conservation plan that balances development or land
utilization and conservation. Such lot may also include the following additional development/activities:
(a) Driveways, roads, underground utility services, or other appurtenant improvements to serve
approved development or uses. Utility service components, such as transformers and amplifiers,
may be installed at ground level where such accords with standard industry practices.
(b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable
lot.
B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within
a SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to
conditional use review and the following supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit
no more than one (1) single family dwelling unit only if:
(a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate
the construction and use of a single family dwelling unit in compliance with these Regulations, and;
(b) The location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer.
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Figure 9-12: Setbacks at Arterial Streets
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Figure 9-13: Setbacks at Hinesburg Road
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(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board
may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling
unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling units
on lots approvable in compliance with these Regulations.
(i) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling
units on lots approvable in compliance with these Regulations, no subdivisions of land or
construction of new dwelling units shall be permitted in the NRP subdistrict;
(ii) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of two (2) single family dwelling units on
lots approvable in compliance with these Regulations, the subdivision of land and construction
of up to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in
compliance with these Regulations;
(iii) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of one (1) single family dwelling units on
lots approvable in compliance with these Regulations, the subdivision of land and construction
of up to two (2) new dwelling unit in the NRP subdistrict may be permitted by the DRB in
compliance with these Regulations;
(iv) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
insufficient to accommodate the construction and use of any single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to three (3) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations; and,
(b) such lots shall have a minimum size of 12,000 square feet per dwelling unit, and,
(c) the location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer, and,
(d) The location of structures and access drives are clustered such that no dwelling unit is
located more than one hundred (100) feet from any other structure, and,
(e) The dwelling units shall be detached single family dwellings, and,
(f) Such subdivision plan shall be subject to the Development Review Board’s approval of a
conservation plan in a form acceptable to the City Attorney that permanently encumbers the land
against further land subdivision and development.
C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred
(100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington Tax Maps
last revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at an average
overall density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres. Any new lots so
created shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall be clustered in a
manner that maximizes the resource values of the property and shall have no portion within a designated
primary natural community or its related buffer. All dwelling units shall be detached single family houses.
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Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in
a form acceptable to the City Attorney that permanently encumbers the land against further land
subdivision and development.
9.13 SEQ Review and Approval Process
A. Single family residences and two-family residences on a single existing lot are specifically excluded
from the review provisions of Section 9.13 of this article. All other development is subject to the provisions
presented below.
B. For all development other than that listed above in 9.13(A), the Development Review Board shall
use the Planned Unit Development (PUD) review and approval process presented in Article 15, Subdivision
and Planned Unit Development Review.
C. Transfer of Development Rights and Non-Contiguous PUDs.
(1) The Development Review Board may approve a PUD application that involves non-contiguous
parcels, regardless of sub-district, if the following conditions are met:
(a) The applicant shall demonstrate that development rights have been secured and
encumbered from lands lying within the SEQ-NRP or SEQ-NRT sub-districts, or adjacent lands on the
same tax parcel lying within any sub-district, or from lands acquired by the City or State for the
purpose of providing public parks in any sub-district, and EITHER that the sending parcel is
sufficiently encumbered against further land subdivision and development through a purchase or
other agreement acceptable to the City Attorney to ensure conformance with these Regulations; OR
(b) All encumbered parcels not subject to a permanent conservation easement or restriction of
similar binding effect shall be reviewed as components of the PUD and shall be subject to the
provisions of this article.
(2) If the conditions of 9.13(C)(1) above are met, the Development Review Board may then approve
the assignment (transfer) of all or a portion of the residential development density calculated for a non-
contiguous encumbered parcel to another parcel to satisfy the provisions of Section 9.05 above.
D. Master Plan Review. As per Section 15.07, Master Plan Review and Approval, the Development
Review Board shall require a master plan for any application for 10 or more dwelling units. In such a case,
the provisions of Section 15.07 shall apply in addition to the PUD provisions of Article 15, and the SEQ-
specific provisions of this article.
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10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO
10.01 Flood Plain Overlay District
10.02 Traffic Overlay District
10.03 Scenic View Protection Overlay District
10.04 Interstate Highway Overlay District
10.05 Transit Overlay District
10.01 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the
impairment of the tax base, and the extraordinary public expenditures and demands on public
services that result from flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe
and accomplished in a manner that is consistent with public wellbeing, does not impair flood
plain services or the stream corridor;
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the
municipal hazard mitigation plan; and make the City of South Burlington, its citizens, and
businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard
mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424,
§4411 and §4414, there is hereby established a bylaw for areas at risk of flood damage in the City
of South Burlington Vermont. These regulations shall apply to development in all areas in the City
of South Burlington identified as within the Floodplain Overlay District designated in Section
3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City
of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth
therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas
covered by this overlay district will be free from flood damages. This regulation shall not create
liability on the part of the City of South Burlington, or any municipal official or employee thereof,
for any flood damages that result from reliance on this regulation, or any administrative decision
lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way
impair or remove the necessity of compliance with any other local, state, or federal laws or
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regulations. Where this regulation imposes a greater restriction the provisions here shall take
precedence.
F. Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict
(1) Development Review in Hazard Areas
(a) Permits. A permit is required from the Administrative Officer for all development, as
defined in Section 2.03 (Floodplain Definitions), in the Floodplain Overlay (Zones A, AE, and
A1-30) Subdistrict.
(b) Submission requirements. In addition to all information required for permitted and
conditional uses, the applicant shall prepare and submit a Project Review Sheet to Vermont
Agency of Natural Resources. The Project Review Sheet shall identify all State and Federal
agencies from which permit approval is required for the proposal, and shall be filed as a
required attachment to the municipal permit application. The identified permits, or letters
indicating that such permits are not required, shall be submitted to the Administrative
Officer and attached to the permit before work can begin.
(c) Referrals.
(i) Upon receipt of a complete application for a substantial improvement or new
construction the Administrative Officer shall forward a copy of the application and
supporting information to the State National Flood Insurance Program Coordinator at
the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424. A permit
may be issued only following receipt of comments from the Agency, or the expiration of
30 days from the date the application was mailed to the Agency, whichever is sooner.
(ii) If the applicant is seeking a permit for the alteration or relocation of a
watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural
Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to
the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be
issued only following receipt of comments from the Vermont Agency of Natural
Resources, or the expiration of 30 days from the date the application was mailed to the
Vermont Agency of Natural Resources, whichever is sooner.
(d) Permitted Uses. The following uses are permitted in the Floodplain Overlay (Zones
A, AE, and A1-30) Subdistrict. Structures associated with any of the permitted uses below
shall be allowed only as Conditional Uses subject to the provisions of this Section 10.01.
(i) Park;
(ii) Recreation path;
(iii) Outdoor recreation facility;
(iv) Non-substantial improvements of existing structures;
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(v) Development related to on-site septic or water supply systems;
(vi) Building utilities;
(vii) At-grade parking for existing buildings; and,
(viii) Recreational vehicles.
(e) Conditional Uses. The following uses are allowed in the Floodplain Overlay (Zones A,
AE, and A1-30) Subdistrict as conditional uses subject to approval by the Development
Review Board in accordance with the provisions of this Section 10.01 and Table C-2,
Dimensional Standards.
(i) Substantial improvement, elevation, relocation, or flood proofing of existing
structures;
(ii) Accessory structures;
(iii) New or replacement storage tanks for existing structures;
(iv) Grading, excavation; or the creation of a pond;
(v) Improvements to existing roads;
(vi) Bridges, culverts, channel management activities, or public projects which are
functionally dependent on stream access or stream crossing;
(vii) Public utilities.
(f) Prohibited Uses. In addition to any uses not specifically listed in this section, the
following uses are specifically prohibited in the Floodplain Overlay (Zones A, AE, and A1-30)
Subdistrict:
(i) New residential or non-residential structures (including the placement of
manufactured homes);
(ii) Storage or junk yards;
(iii) New fill except as necessary to elevate structures above the base flood
elevation; and,
(iv) Accessory structures in the floodway.
(2) Area, Density and Dimensional Requirements. In the Floodplain Overlay (Zones A, AE,
and A1-30) Subdistrict, all structures shall be subject to the area, density and dimensional
requirements of the Residential 1 District as set forth in Section 4.01 and Table C-2,
Dimensional Standards of these regulations.
(3) Additional Standards.
(a) No encroachment, including fill, new construction, substantial improvement, or
other development, that would result in any increase in flood levels within the regulatory
floodway during the occurrence of the base flood discharge, shall be permitted unless
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hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will:
a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base
flood; and b) Not increase any risk to surrounding properties, facilities, or structures from
erosion or flooding.
(b) Within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict, excavation of
earth products shall be prohibited in such cases where it is anticipated that such excavation
will lower the level of the water table, interfere with natural flow patterns, or reduce flood
storage capacity.
(c) All development allowed as Conditional Uses pursuant to Section 10.01(F)(1)(e)
above shall meet the following additional standards:
(i) All development shall be reasonably safe from flooding, as determined by
compliance with the specific standards of this subsection.
(ii) All development shall be designed (I) to minimize flood damage to the proposed
development and to public facilities and utilities, and (II) to provide adequate drainage
to reduce exposure to flood hazards.
(iii) All development shall be (I) designed (or modified) and adequately anchored to
prevent flotation, collapse, or lateral movement of the structure during the occurrence
of the base flood, (II) be constructed with materials resistant to flood damage, (III) be
constructed by methods and practices that minimize flood damage, and (IV) be
constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
(iv) New and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
(v) On site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(vi) The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(vii) Replacement manufactured homes shall be elevated on properly compacted fill
such that the top of the fill (pad) under the entire manufactured home is above the base
flood elevation.
(viii) Structures to be substantially improved in Zones A, A1-30, AE, and AH shall be
located such that the lowest floor is at least one (1) foot above base flood elevation; this
must be documented, in as-built condition, with a FEMA Elevation Certificate.
(ix) Non-residential structures to be substantially improved shall:
(I) Meet the standards in Section 10.01(F)(3)(c)(viii); or,
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(II) Have the lowest floor, including basement, together with attendant utility
and sanitary facilities be designed so that two (2) feet above the base flood
elevation the structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
A permit for flood proofing shall not be issued until a licensed professional engineer
or architect has reviewed the structural design, specifications and plans, and has
certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has
been submitted and a licensed professional engineer or architect has certified that
the structure has been constructed in accordance with accepted standards of
practice for meeting the provisions of this subsection.
(x) For all new construction and substantial improvements, fully enclosed areas
below grade on all sides (including below grade crawlspaces and basements) shall be
prohibited.
(xi) For all new construction and substantial improvements, fully enclosed areas that
are above grade, below the lowest floor, below Base Flood Elevation and subject to
flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Such designs must be certified by a licensed professional engineer or
architect, or meet or exceed the following minimum criteria: A minimum of two
openings on two walls having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided. The bottom of all
openings shall be no higher than one foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters.
(xii) In Special Flood Hazard Areas where base flood elevations and/or floodway
limits have not been provided by the National Flood Insurance Program in the Flood
Insurance Study and accompanying maps, it is the applicant’s responsibility to develop
the necessary data.
(xiii) In the AE Zone, where base flood elevations and/or floodway limits have not
been determined, development shall not be permitted unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all other
existing and anticipated encroachment, will not increase the base flood elevation more
than one (1) foot at any point within the community. The demonstration must be
supported by technical data that conforms to standard hydraulic engineering principles
and certified by a licensed professional engineer.
(xiv) All recreational vehicles shall be fully licensed and ready for highway use.
(xv) A small accessory structure of 500 square feet or less in gross floor area that
represents a minimal investment need not be elevated to the base flood elevation in
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this area, provided the structure is placed on a building site so as to offer the minimum
resistance to the flow of floodwaters and shall meet the criteria of subsection (xi) above.
(4) Administration and Enforcement.
(a) The Zoning Permit issued for any development pursuant to this Section 10.01(F)
shall include: a record of the elevation, in relation to mean sea level, of the lowest floor,
including basement, of all new construction or substantial improvements of structures.
(b) Upon issuance of a zoning permit, the Administrative Officer shall properly file and
maintain a record of:
(i) Elevation Certificates with the as-built elevation (consistent with the datum of
the elevation on the current Flood Insurance Rate Maps for the community) of the
lowest floor, including basement, of all new or substantially improved structures (not
including accessory structures) in the Special Flood Hazard Area;
(ii) All flood proofing and other certifications required under this regulation; and,
(iii) All decisions of the Board (including variances and violations) and all supporting
findings of fact, conclusions and conditions.
(c) Certificate of Occupancy. A Certificate of Occupancy shall be required for all new
structures or substantial improvements to structures in the Floodplain Overlay (Zones A, AE,
and A1-30) Subdistrict.
(d) Enforcement
(i) A copy of any notice of violation of this section shall be mailed by the
Administrative Officer to the State NFIP Coordinator.
(ii) If any appeals have been resolved, but the violation remains, the Administrative
Officer shall submit a declaration to the Administrator of the National Flood Insurance
Program requesting a denial of flood insurance to the property pursuant to Section 1316
of the National Flood Insurance Act of 1968, as amended.
(iii) Any proposed agricultural structure that does not meet the criteria and process
in the Accepted Agricultural Practices will be in violation of this bylaw. Such violations
shall also be immediately reported to the Secretary of Agriculture for enforcement
under 6 V.S.A. Section 4812.
(e) Variances
(i) A variance may be granted by the Development Review Board only in accordance
with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(ii) Any variance issued in the Special Flood Hazard Area shall not increase flood
heights, and shall inform the applicant in writing over the signature of a community
official that the issuance of a variance to construct a structure below the base flood
elevation increases risk to life and property and will result in increased flood insurance
premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be
maintained with a record of all variance actions.
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G. Floodplain Overlay (Zone 0.2%) Subdistrict
(1) Permits. A permit is required from the Administrative Officer for all development, as
defined in Section 2.02 (Definitions), in the Floodplain Overlay (0.2% Zone) Subdistrict.
(2) Permitted Uses. Those uses allowed as permitted uses in any underlying zoning district
within the City may be permitted in the Floodplain Overlay (0.2% Zone) Subdistrict only in
accordance with the provisions of this section.
(3) Conditional Uses. Those uses allowed as conditional uses in any underlying zoning
district within the City may be permitted in the Floodplain Overlay (0.2% Zone) Subdistrict only
in accordance with the provisions of this section.
(4) Prohibited Uses. In addition to any uses not specifically listed in the underlying zoning
district, new Critical Facilities are specifically prohibited in the Floodplain Overlay (0.2% Zone)
Subdistrict.
(5) Area, Density and Dimensional Requirements. In the Floodplain Overlay (0.2% Zone)
Subdistrict, all structures shall be subject to the area, density and dimensional requirements of
the underlying zoning district as set forth in Article IV and Table C-2, Dimensional Standards of
these regulations.
(6) Additional Standards.
(a) Any Critical Facilities to be expanded or substantially improved in the Floodplain
Overlay (0.2% Zone) Subdistrict shall be located such that the lowest floor is at least one (1)
foot above base flood elevation.
(b) In the Floodplain Overlay (0.2% Zone) Subdistrict, where base flood elevations
and/or floodway limits have not been provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps, it is the applicant’s responsibility to
develop the necessary data.
(7) Administration and Enforcement. Administration and enforcement of development in
the Floodplain Overlay (0.2% Zone) Subdistrict shall be subject to all requirements of Article
XVII (Administration and Enforcement) of these Regulations.
10.02 Traffic Overlay District
A. Purpose. It is the purpose of the Traffic Overlay District to provide a performance-based
approach to traffic and access management associated with development and re-development of
properties in high traffic areas of the City. It is the further purpose of the Traffic Overlay District to
provide a means by which the allowable uses and the arrangement and intensity of uses on a given
parcel may be regulated, above and beyond District regulations, based on traffic generated and
impacts on City access management goals. It is the further purpose of the Traffic Overlay District to
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provide incentives to improve site design and access management during the development and
redevelopment process, in keeping with the goals and objectives of the City's Comprehensive Plan.
B. Comprehensive Plan. These regulations hereby implement the relevant portions of the City
of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth
therein.
C. Permitted Uses. Those uses allowed as permitted uses in any Zoning District within the City
may be permitted in the Traffic Overlay District only in accordance with the provisions of this
section.
D. Conditional Uses. Those uses allowed as conditional uses in any Zoning District within the
City may be permitted in the Traffic Overlay District only in accordance with the provisions of this
section.
E. Establishment of Traffic Overlay Zones. The following zones are established based on their
location in relation to the identified critical intersections or roadways on the Overlay District Map.
The location and dimensions of major intersections, high-volume roadway segments, and the
balance of restricted roadway segments, as described in this section are shown on the Overlay
District Map. The location of the access point to a lot is the main determinant ruling on whether a
lot is subject to these regulations. In situations where a lot is located in more than one zone, the
location of the driveway will determine the zone that applies to the parcel. A lot that does not
directly front on a Traffic Overlay zone but has an actively used access to it via an easement is
subject to the restrictions for that zone. However, this rule would not apply to an existing lot with
an existing access that would be connected to as a result of these access management objectives. If
a parcel has one driveway in one zone and another driveway in another zone, the zone which is
more restrictive shall apply to the entire property. A lot located in a Traffic Overlay Zone but
without access in that zone is not subject to these regulations. Other locations and types of access
are not restricted.
(1) Traffic Overlay Zone 1. Zone 1 shall consist of all lots within a specified distance from a
major intersection as identified on the Overlay District Map. The distances from the
intersection are defined as center-line to center-line distances between the closest driveway of
the subject lot and the center line of the roadway intersecting the roadway fronting the subject
parcel.
(2) Traffic Overlay Zone 2. Zone 2 shall consist of all lots with access to a high-volume
roadway segment as identified on the Overlay District Map.
Zone 2A: Access to a high-volume roadway via a private driveway
Zone 2B: Access to a high-volume roadway via a public roadway with an unsignalized
intersection
Zone 2C: Access to a high-volume roadway via a public roadway or a private driveway with a
roundabout or a signalized intersection.
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(3) Traffic Overlay Zone 3. Zone 3 shall consist of all lots with access to the balance of
Shelburne Road, Williston Road, Dorset Street (north of I-189), Hinesburg Road (between White
Street and I-89), Kennedy Drive, and White Street (between Williston Road and Patchen Road).
Zone 3 regulations only apply to parcels with private driveways or culs-de-sac.
F. Calculation Procedures for Traffic Overlay Zones.
(1) Maximum Allowable Traffic Generation (Traffic Budget). The size of an allowable use
on any lot in a traffic overlay zone shall be such that its traffic generation will not exceed the
maximum allowable traffic generation – the Traffic Budget. The traffic budget is calculated by
multiplying the size of the lot by the maximum traffic generation rate (i.e. maximum peak hour
trip ends per 40,000 SF) applicable to the traffic overlay zone in which the lot is located as
shown in Table 10-1 below. In the determination of the allowable maximum size for a use, the
definitions and standards in this Section 10.02 shall apply. Specific procedures and examples
are contained in Appendix B. If the maximum permitted size for a use or any lot is too small to
allow reasonable activity normally associated with that use, then that use shall not be
permitted on the lot. The maximum size of a proposed use must be in compliance with all other
zoning regulations of the City of South Burlington.
(2) Estimating the traffic generation of the proposed use: Traffic generation estimates for
the use under consideration shall be based on the latest TRIP GENERATION manual published
by the Institute of Traffic Engineers (the 7th Edition of 2003 and subsequent editions). The
Development Review Board may approve or may require traffic generation estimates from
other sources, including local traffic counts, if the ITE Trip Generation manual does not contain
any data for a specified use, or sufficient data for a specified use, or if a use contains unique
characteristics that cause it to differ from national traffic estimates. See Appendix B for
guidance.
(3) Peak Hour for evaluation. The peak hour shall be the PM Peak Hour of Adjacent Street
Traffic, one hour between 4 and 6 p.m. This is the highest continuous hour in terms of traffic
generation between 4 p.m. and 6 p.m. Traffic generation is defined as the total number of
vehicle trip ends at the use in question. (4) Since access management and conflict resolution of
turning vehicles are a major objective of this Traffic Overlay Zone, no credits are allowed for
“pass-by” or diverted traffic.
G. Peak Hour Trip Generation Limits per 40,000 SF of land area: The maximum permitted
peak hour volume per 40,000 square feet of land area in any zone shall be as set forth in Table 10-1
below.
Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF
Zone Max. number of peak hour trip ends per 40,000
SF of land area
1 15
2A 20
2B 25
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2C 30
3 45
The above allowable traffic generation rates assume a mix of right-turn and left-turn movements in
and out of the site driveways. If a site is located along an arterial with a raised median thus
preventing all left turns, the traffic budget for that site shall be increased by 15%. This Traffic
Budget credit of 15% can only be taken when all site access points off the adjacent arterial(s) are
for right-turns-in and right-turns-out only.
H. Standards for Adjustments to a Project’s Traffic Generation Calculation or to a Site’s
Traffic Budget
(1) The Development Review Board may allow adjustments to the project’s traffic
generation or may approve peak hour traffic volumes above the standards set forth in Section
10.02(F) above for a lot in a traffic overlay zone if the Development Review Board determines
that other site improvements with respect to improved access management, internal
circulation, connections between adjacent properties, and improved pedestrian and/or transit
access, will produce a net benefit for traffic flow in the immediate vicinity of the project. See
Appendix B for guidance on adjustments.
(2) In the event that the existing peak hour trip generation of the uses presently authorized
and operating on the site exceeds the maximum allowable traffic budget for the site including
credits, the existing peak hour trip generation shall be the maximum allowable for the site, and
no additional credits shall be provided for site improvements or any other cause. This provision
shall not alleviate the responsibility of the applicant to make traffic and other site
improvements required by the DRB pursuant to these Regulations as part of a site plan, PUD or
conditional use approval.
(3) In making its determination of whether other site improvements will produce a net
benefit for traffic flow the Development Review Board may consider the following:
(a) Change or reduction in the number and location of curb cuts
(b) The creation of secondary access points within lots sufficient for two-way, year-
round vehicular and pedestrian movements that provide for suitable internal circulation
between properties (i.e. the access points need to be kept free of snow).
(c) The elimination of left turns or through movements across an arterial through the
creation of raised medians, subject to approval by the Director of Public Works.
(d) Reductions in the width of curb cuts or access points or their definition in a manner
that substantially improves the definition of turning and traffic movements into and out of
the property, and to a width no greater than the specified maximum width for the
applicable type of driveway in Figure 15-1 of these Regulations, subject to approval by the
Director of Public Works.
(e) The relocation of access points farther away from high-volume intersections, subject
to all other applicable dimensional and traffic management standards.
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(f) The impact of the proposal on the overall traffic volumes and levels of service at
intersections in the immediate vicinity of the project.
(g) Any other criteria contained within PUD review or other factors as the Development
Review Board deems relevant, subject to consultation with and approval by the Director of
Public Works.
I. Other Traffic Impact Considerations. The Traffic Overlay District regulations do not
alleviate the need for standard traffic impact studies or other traffic engineering analyses that are
normally required for proposed developments. The needs for levels of service determinations with
the proposed project, queuing analyses and sight distance verifications, etc. are not alleviated by
these regulations.
10.03 Scenic View Protection Overlay District
A. Purpose. A Scenic View Protection Overlay District is hereby formed in order to encourage
the preservation of spectacular views of the Green Mountains, Adirondack Mountains and Lake
Champlain from both planned and existing public ways. These spectacular views represent an
irreplaceable natural resource which enhances the quality of life of residents and visitors of South
Burlington. It is the intent of this overlay district to encourage the placement of buildings, lots and
landscaping in a manner that best preserves these important scenic resources.
B. Comprehensive Plan. These regulations hereby implement the relevant portions of the City
of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth
therein.
C. Applicability.
(1) In addition to the provisions of any other section(s) of these regulations, the uses
allowed in any underlying district in a Scenic View Protection Overlay District, as shown on the
Scenic View Protection Overlay District Map, shall be subject to the limitations in this Section
10.03.
(2) In addition to those items listed in the definition of “structure” in these Regulations,
earthen berms shall constitute a structure for purposes of this Section 10.03.
D. Spear Street - Overlook Park View Protection Zone
(1) Designated Building Envelopes.
(a) The term "Designated Building Envelope" as used in this Section 10.03 shall define a
hexagonal figure enclosing an area of fifteen thousand (15,000) square feet as depicted on
the Scenic View Protection Overlay District Map. The long axis of a Designated Building
Envelope shall be oriented on a lot so that it is perpendicular to Spear Street.
(b) Structures or vegetation located in any portion of a "Designated Building Envelope"
located in Zone A or Zone C shall be required to meet the height limitations applicable to
Zone A or Zone C.
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(2) Zone A.
(a) No part of any structure within Zone A of the Spear Street Overlook Park View
Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 4 feet for
each 100 feet that said part of a structure is horizontally distant from the Zone A base line
shown on the above referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation located within Zone A of the Spear Street -
Overlook Park View Protection Zone shall be maintained so that it does not exceed an
elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that said
landscaping or vegetation is horizontally distant from the Zone A base line shown on the
above referenced Scenic View Protection Overlay District Map.
(c) Notwithstanding the restrictions set forth in the previous sentence, any vegetation
or planting located within Zone A that are within an area two hundred (200') feet east of
any building in existence on May 16, 1989 may be maintained at a height exceeding the
requirements of this section subject to the following limitations:
(i) The building in existence on May 16, 1989, must remain in existence.
(ii) Such vegetation must be maintained so that it does not diminish to any degree the
view available from any point of the Zone A base line on May 16, 1989.
(3) Zone B
(a) No part of any structure shall exceed the elevation of the Zone B base line minus 4
feet from each 100 feet that said part of said structure is horizontally distant from the Zone
B base line shown on the above referenced Scenic View Protection Overlay District Map.
This section shall not apply to any structure located in a Designated Building Envelope.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed the
elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or
vegetation is horizontally distant from the Zone B base line shown on the above referenced
Scenic View Protection Overlay District Map, or 2 feet above any grade existing on 7/17/89,
whichever height is higher. This section shall not apply to landscaping located within a
Designated Building Envelope.
(c) Any principal structure shall be located entirely within a Designated Building
Envelope.
(4) Zone C
(a) No part of any structure shall exceed the elevation of the Zone B base line minus 4
feet for each 100 feet that said part of said structure is horizontally distant from the Zone B
base line shown on the above referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed the
elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or
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vegetation is horizontally distant from the Zone B base line shown on the above referenced
Scenic View Protection Overlay District Map.
(5) Zone D.
(a) No part of any structure within Zone D of the Spear Street - Overlook Park View
Protection Zone, shall exceed the elevation of 370 feet above mean sea level minus 1.8 feet
for each 100 feet that said part of said structure is horizontally distant from the Zone A base
line shown on the above referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed an
elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet that said
landscaping or vegetation is horizontally distant from the Zone A base line shown on the
above referenced Scenic View Protection Overlay District Map.
(6) Zone E.
(a) No part of any structure within Zone E of the Spear Street - Overlook Park View
Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 8.7 feet
for each 1000 feet that said part of said structure is horizontally distant from the Zone A
base line shown on the above referenced Scenic View Protection Overlay District Map.
(b) Landscaping and other vegetation shall be maintained so that it does not exceed an
elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that said
landscaping or vegetation is horizontally distant from the Zone A base line shown on the
above referenced Scenic View Protection Overlay District Map.
E. Spear Street - Ridge View Protection Zone
(1) No part of any structure within the Spear Street Ridge View Protection Zone shall
exceed an elevation of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said
part of said structure is horizontally distant from the Spear Street Ridge View Protection Zone
Base Line shown on the above referenced Scenic View Protection Overlay District Map.
(2) Landscaping and other vegetation located within the Spear Street Ridge View Protection
Zone shall be maintained so that it does not exceed an elevation of 382 feet above mean sea
level minus 3.1 feet for each 100 feet that said landscaping or vegetation is horizontally
distance from the Spear Street Ridge View Protection Zone Base Line shown on the above
referenced Scenic View Protection Overlay District Map.
F. Dorset Park View Protection Zone
(1) Zone A.
(a) No part of any structure within Zone A of the Dorset Park View Protection Zone shall
exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that
said part of said structure is horizontally distant from the Dorset Park View Protection Zone
West Base Line shown on the above referenced Scenic View Protection Overlay District
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Map, or 3 feet above any grade existing on the date of passage of these regulations,
whichever height is higher.
(b) Landscaping and other vegetation located within Zone A of the Dorset Park View
Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet
above mean sea level minus 4.3 feet for each 1000 feet that said landscaping or vegetation
is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on
the above referenced Scenic View Protection Overlay District Map, or 3 feet above any
grade existing on the date of passage of these regulations, whichever height is higher.
(2) Zone B.
(a) No part of any structure within Zone B of the Dorset Park View Protection Zone shall
exceed an elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that
said part of said structure is horizontally distant from the Dorset Park View Protection Zone
East Base Line shown on the above referenced Scenic Protection Overlay District Map, or 3
feet above any grade existing on the date of passage of these regulations, whichever height
is higher.
(b) Landscaping and other vegetation located within Zone B of the Dorset Park View
Protection Zone shall be maintained so that it does not exceed an elevation of 439 feet
above mean sea level plus 3.1 feet for each 1000 feet that said landscaping or vegetation is
horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the
above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade
existing on the date of passage of these regulations, whichever height is higher.
(3) Zone C.
(a) No part of any structure within Zone C of the Dorset Park View Protection Zone shall
exceed an elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that
said part of said structure is horizontally distant from the Dorset Park View Protection Zone
East Base Line shown on the above referenced Scenic View Protection Overlay District Map,
or 3 feet above any grade existing on the date of passage of these regulations, whichever
height is higher.
(b) Landscaping and other vegetation located within Zone C of the Dorset Park View
Protection Zone shall be maintained so that it does not exceed an elevation of 439 feet
above mean sea level plus 2.2 feet for each 100 feet that said landscaping or vegetation is
horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the
above referenced Scenic View Protection Overlay District map, or 3 feet above any grade
existing on the date of passage of these regulations, whichever height is higher.
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(4) Zone D.
(a) No part of any structure within Zone D of the Dorset Park View Protection Zone shall
exceed an elevation of 441 feet above sea level minus 2.0 feet for each 1000 feet that said
part of said structure is horizontally distant from the Dorset Park View Protection Zone
West Base Line shown on the above referenced Scenic View Protection Overlay District
Map, or 3 feet above any grade existing on the date of passage of these regulations,
whichever height is higher.
(b) Landscaping and other vegetation located within Zone D of the Dorset Park View
Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet
above mean sea level minus 2.0 feet for each 1000 feet that said landscaping or vegetation
is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on
the above referenced Scenic View Protection Overlay District Map, or 3 feet above any
grade existing on the date of passage of these regulations, whichever height is higher.
G. Hinesburg Road - North View Protection Zone
(1) No part of any structure within the Hinesburg Road-North View Protection Zone shall
exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that
said part of said structure is horizontally distant from the Hinesburg Road-North View
Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay
District Map.
(2) Landscaping and other vegetation located within the Hinesburg Road-North View
Protection Zone shall be maintained so that it does not exceed an elevation of 393.5 feet above
mean sea level plus 5.8 feet for each 1000 feet that said landscaping or vegetation is
horizontally distant from the Hinesburg Road - North View Protection Zone Base Line shown on
the above referenced Scenic View Protection Overlay District Map.
H. Hinesburg Road - South View Protection Zone
(1) No part of any structure within the Hinesburg Road - South View Protection Zone shall
exceed an elevation 3 feet above the elevation of the lowest point on the Hinesburg Road -
South View Protection Zone Base Line shown on the above referenced Scenic View Protection
Overlay District Map.
(2) Landscaping and other vegetation located within the Hinesburg Road - South View
Protection Zone shall be maintained so that it does not exceed an elevation 3 feet above the
elevation of the lowest point on the Hinesburg Road - South View Protection Zone Base Line
shown on the above referenced Scenic View Protection Overlay District Map.
I. Alteration and Expansion.
(1) Notwithstanding the provisions of these Regulations, any structure which fails to comply
with the requirements of this Section 10.03 shall not:
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(a) be expanded or altered in any way which increases its degree or extent of non-
compliance, except in strict conformance with the requirements set forth in this Section
10.03(J) herein.
(b) be reconstructed if totally or substantially destroyed by fire, storm, explosion, other
catastrophe, neglect or voluntary action, except in compliance with this Section 10.03,
provided, however, if no usable structure may be reconstructed in compliance with these
provision, then the property owner may rebuild a usable structure that creates a minimum
violation of this section, and is subject to the limitations of Section 3.11 (nonconformities).
(2) The provisions of this Section 10.03 notwithstanding, the Development Review Board
shall have the authority to grant a waiver from the provisions of this Section 10.03 if it finds
that the standards set forth in either Section 10.03(K) or (L) below have been met.
J. Exemptions through Subdivision Review. The Development Review Board may approve a
proposed subdivision, though development of one or more lots in the proposed subdivision with
construction of a structure would exceed the limitations of the Scenic View Protection Overlay
District in the South Burlington Land Development Regulations ("view restrictions" herein), if it
finds that the proposal meets the requirements of sub-part A or sub-part B below.
(1) Sub-part A
(a) The property under review existed as a parcel of land in separate and non-affiliated
ownership from adjoining properties on June 1, 1992; and
(b) Thirty percent or more of the land area of the subject property cannot support the
construction of structures twenty-five (25) feet in height due to the development
restrictions set forth in any statute, ordinance or bylaw; and
(c) The applicant has attempted to minimize development on that portion of the
property which cannot be developed in accordance with the view restrictions by
concentrating development on portions of the property that can be developed in
accordance with the view restrictions; and
(d) The applicant has attempted to minimize the extent of noncompliance with the view
restrictions by establishing designated building areas, view corridors, height limitations for
structures, and landscaping restrictions on any lot which cannot be developed in
compliance with the view restrictions.
(2) Sub-part B
(a) The applicant has designated building areas and/or height limitations for structures
on any lot which cannot be developed in compliance with the view restrictions; and
(b) The applicant can demonstrate that the construction of structures in conformance
with the limitations set forth in subparagraph a, will not obstruct the view in the affected
View Protection District from any point on the district baseline because of the presence of
lawfully existing vegetation or structures.
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K. Waiver. The Development Review Board shall have the authority to grant a waiver from the
provisions of this section if it finds that the standards set forth below have been met:
(1) A structure has been granted a waiver from the requirements of this Article pursuant to
the authority set forth in Section (K) above.
OR
(2) The applicant can demonstrate that the construction, alteration or expansion of a
structure will not obstruct or be visible within the view in the affected View Protection District
from any point on the baseline, because of the presence of natural topographic features other
than trees or other vegetation, and/or the presence of lawfully existing structures. In making a
determination pursuant to this section, the Development Review Board shall find that either of
criterion "a" or both criteria "b" and "c" below is met:
(a) A lawfully existing building or structure on the same property, or a natural
topographic feature other than trees or other vegetation, will entirely screen the
construction, alteration or expansion from all sight lines along the baseline of the applicable
Scenic View Protection District;
OR
(b) All construction will take place within a designated building envelope whose outside
edges are established by the sight lines extending from the baseline of the applicable Scenic
View Protection District, at a height of six feet, in a straight line towards the structure; AND
(c) No part of the construction, alteration or expansion will exceed the height of the
structure or structures on the same property blocking the view from the baseline, measured
at the point where the sight lines establishing the building envelope in (b) above intersect
with the screening structure or structures.
OR
(3) For properties within the Spear Street-Ridge Overlay Zone, the applicant can
demonstrate that the proposed construction, alteration or expansion will not extend above the
highest point of the roofline of the existing structure to be altered.
10.04 Interstate Highway Overlay District (IHO)
A. Purpose. It is the purpose of the Interstate Highway Overlay District to provide for a safe
and aesthetically attractive buffer between the right-of-way of the Interstate Highway and
developed land uses within South Burlington.
B. Boundaries of the Interstate Highway Overlay District. The Interstate Highway Overlay
District shall include all land within one hundred fifty (150) feet horizontal distance of the Interstate
89 and Interstate 189 rights-of-way, and within fifty (50) feet horizontal distance of the interstate
ramps rights-of-way, both existing and planned, as depicted in Figure 10-1.
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10-18
C. Standards.
(1) No building of any kind, including any structure of construction such as parking facilities
or lots, or tennis courts shall be permitted within the district, except as specifically provided in
this section. Any use or structure granted approval within the Interstate Highway Overlay
District shall be subject to the specific provisions of this section.
(2) The following structures and infrastructure shall be allowed in the IHO district, subject
to conditional use approval by the Development Review Board:
(a) Public recreation paths
(b) Roadways or access drives for purposes of accessing a preexisting or approved
structure within the IHO district and no other reasonable provisions for access can be made.
(c) Utility lines, including power, telephone, cable, sewer and water.
(d) Stormwater treatment facilities and maintenance thereof, including necessary
removal of vegetation and dredging.
(e) Research and educational activities provided any building or structure, including
parking lots or facilities, is located outside the IHO district.
(f) Hydro-electric power generation
(g) Municipal buildings, subject to the provisions of Section 10.03(D) below.
(3) Use of nonconforming structures. Nonconforming structures within the IHO district
may used for any land use allowed within the underlying zoning district, in accordance with
Table C-1, Table of Uses.
(4) Encroachment of other uses into the IHO district. The encroachment of land uses
allowed in the underlying zoning district into the IHO district may be allowed by the
Development Review Board as a conditional use under certain circumstances as provided
below, and provided the area of encroachment is screened from view by existing or proposed
landscaping and/or topography:
(a) The encroachment is necessary to rectify a natural catastrophe or for the protection
of the public health, safety or welfare; OR
(b) The encroachment is necessary for the purposes of providing for or improving public
facilities; OR
(c) The encroachment is necessary to provide safe access to a parcel on which a use has
been approved by the DRB in cases where there is no feasible alternative to the
encroachment.
D. Encroachment of municipal buildings in the IHO district. In portions of the IHO district
where the underlying zoning district is MU-Municipal, the Development Review Board may allow
the encroachment of municipal facilities as a conditional use subject to the following standards and
criteria:
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South Burlington Land Development Regulations Effective January 25, 2016
10-19
(1) Accessory uses not directly related and essential to the functioning of the municipal
building shall not be permitted within the IHO district.
(2) A finding is made by the DRB that the proposed municipal building cannot be located
outside the IHO district because the following criteria are met:
(a) The use must occur in close proximity to another preexisting municipal building;
AND
(b) There is no reasonably practicable alternative location for the municipal building,
with pre-existing investment in the site a consideration for the practicability of alternative
locations; AND
(c) The encroachment is the minimum necessary to operate the proposed municipal
building.
(3) The maximum extent of the encroachment shall be no more than fifteen (15) feet into
the IHO district.
E. Exemption for lots with existing single or two-family dwellings. A lot containing an
existing single or two-family dwelling, as of the effective date of these regulations, shall be exempt
from the provisions of this Section 10.04. Notwithstanding this exemption, no additional dwelling
units or new principal structures shall be permitted on such lots.
Figure 10-1 Interstate Highway Overlay District
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South Burlington Land Development Regulations Effective January 25, 2016
10-20
10.05 Transit Overlay District (TO)
A. Purpose. It is the purpose of the Transit Overlay District to provide for a safe, compact, and
efficient land use pattern that supports regular fixed-route transit service, pedestrian and bicycle
infrastructure. Certain land uses may be permitted only within the Transit Overlay District, or be
permitted outside the District subject to conditions. Other incentives or requirements that
complement a multi-modal environment may also be established.
B. Comprehensive Plan. These regulations hereby implement the relevant portions of the City
of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth
therein.
C. Boundaries of the Transit Overlay District. The Transit Overlay District shall includes all
areas shown on the Overlay District Map.
D. Permitted and Conditional Uses. Any uses listed within Table C-1, Table of Uses, with a
Transit Overlay District requirement shall only be allowable within the Transit Overlay District.
(1) A use shall be considered to be located within the Transit Overlay District when all
portions of a principal building leased or owned by the use in question are within the
boundaries of the Transit Overlay District.
(2) A use shall only be allowable where a public sidewalk or recreation path connects the
use to a public roadway identified as a transit route on the Transit Overlay District Map in a
direct (ie, generally shortest distance from the use to the roadway) manner. All such accesses
must be located within the Transit Overlay District.
(3) All uses under this section shall be subject to all applicable provisions of the underlying
zoning district.
ARTICLE 11 DESIGN REVIEW OVERLAY DISTRICTS
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11 DESIGN REVIEW OVERLAY DISTRICTS DR
11.01 City Center Design Review Overlay District (CCDR)
11.02 Site Design for City Center Design Review District
11.03 Commercial District 1 Design Review Overlay District [Reserved]
11.01 City Center Design Review Overlay District CCDR
A. Purpose. A City Center Design Review Overlay District (CCDR) is hereby formed in order to
promote development of the proposed South Burlington City Center as an attractive and cohesive
area in which the citizens of South Burlington can take pride. It is the intent of this overlay district
to ensure that the design of future development is aesthetically and functionally compatible with
the desired character for this area of the City, as stated in the Comprehensive Plan. It is recognized
that good design will help create and maintain a sense of place for the community, promote its
self-awareness, and strengthen the business and civic elements of the community.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. City Center Design Review Overlay Districts and Purpose Statements. The CCDR Overlay
District is divided into the following three (3) sub-zones as depicted on the South Burlington
Overlay Districts Map: Design District 1, Design District 2, and Design District 3. A brief description
of the location and proposed design character of each district is provided below:
(1) Design District 1 - This area is generally located on both sides of Market Street and
extends south to San Remo Drive. This area is planned to be the core area of the City Center,
with the highest density and greatest mix of uses. It is the intent of this area is to be the main
“downtown” for South Burlington, and therefore, should uphold the highest quality of design.
Building materials should consist only of natural, indigenous materials (brick or stone) and the
buildings themselves should relate directly to the public street. They should be placed up front
on the property line and the main entrance should face the street rather than parking lots. In
addition, a pedestrian promenade shall be provided along Market Street in order to promote
pedestrian activity and provide cover from inclement weather.
(2) Design District 2 - This area includes all land on both sides of San Remo Drive. This area
is unique in that it is the only area in the designated City Center which is substantially
developed with buildings and uses. Many of the buildings, however, are in need of updating
and aesthetic improvement. The City’s vision for this area is that of a somewhat unique and
eclectic neighborhood with a wide variety in design in terms of color, materials, building shapes
and site layouts. It is the City’s vision that the existing buildings and sites be improved for
example by replacing metal facades with higher quality materials, adding windows and doors to
the first floors, and doing improvements to the sites to better relate the properties to the
public street thereby promoting pedestrian movement.
(3) Design District 3 - This area generally includes land located on the west side of Dorset
Street and also on the far eastern section of Market Street. This area is planned to be a
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transitional area between the higher density, more intensely developed portions of City Center
and adjoining residential neighborhoods. The design of buildings in this zone should be
compatible with the adjoining residential character. Therefore, building materials should
include wood/vinyl, as well as brick and stone, and consist predominantly of natural, subdued
colors. Also, pitched roofs are highly recommended.
D. Activities Subject to Design Review.
(1) In addition to the provisions of any other section(s) of these regulations, the uses
allowed in any underlying district in the City Center Design Review Overlay District shall be
subject to the standards and procedures in this Section. Except as hereinafter provided, no
person shall do or cause to be done any of the following acts with respect to any building or
property located within the CCDR Overlay District without first obtaining design plan approval
from the Development Review Board:
(a) Construction or relocation of a building or structure
(b) Addition to or alteration of the exterior wall of a building or structure by tearing
down or removing any portion thereof, or, by filling in, sealing, boarding up, closing or
enclosing any portion of an existing window, door space, porch, or promenade thereon.
(c) Change of use (see Section (2) below)
(d) Alteration of the roofline of a building.
(e) Addition or removal of materials to or from the exterior walls of a building, where
the materials so added or exposed are of a kind or type different from those existing,
including differences in color. (Note: any erection, alteration or relocation of a sign,
including a change in color or lettering, is subject to review under the South Burlington Sign
Ordinance).
(f) Construction, enlargement or alteration of any non-landscaped area on the property
including, but not limited to, parking areas, access lanes, sidewalks, loading areas or storage
areas, or, any removal or change to landscaping on the site.
(g) For applications involving a change of use with no construction, relocation,
enlargement or alteration subject to review, other than a change of use pursuant to Section
(2) below, the Development Review Board may require design improvement in accordance
with these regulations to the exterior of the building, the costs of which do not exceed
$7,000 or 10% of the assessed value of the building, whichever is greater.
(2) Any interior alterations or changes that do not affect, change or add to the exterior of
the structure, or involve a change in use, shall not be subject to design review.
(3) Any construction or alternation of municipal education facilities in Design Review
Overlay District 1 shall not be subject to design review.
(4) Any construction or alternation of one or two family homes on parcels of 15,000 square
feet or less in Design Overlay Districts 2 and 3 shall not be subject to design review.
ARTICLE 11 DESIGN REVIEW OVERLAY DISTRICTS
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E. Application and Review Procedures
(1) A design plan application and five sets of plans and drawings, drawn to scale, shall be
submitted and shall include the following information:
(a) Written description of the modification or improvement that is to be made.
(b) One or more current color photographs of the property showing the present
condition. These pictures shall accurately show the existing materials and their colors and
textures, and the immediate neighboring buildings.
(c) A site plan of the property in accordance with Article 14 of these regulations.
(d) A scaled drawing showing elevations of all sides of the building and including
architectural details, exterior equipment located on the roof, walls, and ground, building
height, and existing and proposed grading. Descriptions and depictions shall be provided of
all existing and proposed materials and finishes including color, type of material, and
texture. The elevations shall show doors, siding cornices, entablatures, roofing, moldings
and trim, and window details including panes of glass, dimensions, shutters, lintels and
awnings. Sign details shall also be shown. The drawings and plans shall be of sufficient
quality and detail to allow for a thorough review of the proposed design.
(e) The Development Review Board or Design Review Committee may require the
submission of a model (e.g., massing model) of the proposed building or structure or
samples of proposed building materials.
(2) Upon filing of the application materials described above, the Administrative Officer or
Assistant Administrative Officer shall transmit the application forthwith to the clerk of the
Design Review Committee. The Design Review Committee (DRC) shall schedule a meeting to
review the application and make recommendations. The recommendations of the DRC with
respect to said application shall be made in writing and shall be transmitted to the
Development Review Board and the applicant. The Development Review Board may elect to
forego review by the DRC for design plan applications that are determined to be truly minor in
design impact.
(3) The Development Review Board shall review applications for design plan approval and
shall act to approve or disapprove any such applications within 60 days after the date upon
which the Development Review Board first reviews the application. Failure to act within said
period shall be deemed approval. Copies of the Development Review Board’s decision, along
with findings of fact, shall be sent to the applicant.
F. Criteria for Approval. Prior to granting design plan approval, the Development Review
Board shall find that any development or activity specified in Section (D) above shall conform
substantially to the following design criteria:
(1) Building Design
(a) Consistent design. Building design shall promote a consistent organization of major
elements; and decorative parts must relate to the character of the design. All sides of a
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11-4
building shall be designed so that they are compatible in terms of material, window
treatments, architectural accents, cornice/parapet design, etc. In Design Districts 1 and 3,
the design of a building should consider the design features of other structures in the area
so as not to be harshly discordinate with other nearby buildings.
(b) Materials used. High quality, attractive materials shall be used on all buildings.
Natural, indigenous materials of stone and masonry are highly encouraged, if not required.
Specific requirements for each Design District are as follows:
(i) Design District 1. Natural, indigenous materials of stone and masonry shall
predominate. Examples of acceptable materials include red brick, indigenous stone (i.e.,
granite, limestone, and marble), and architectural concrete. Glass may predominate if
used in combination with brick or stone. Other materials may be used as an
architectural accent provided they are harmonious with the building and site. Examples
of unacceptable materials include vinyl siding, metal skin, synthetic stucco and
laminated wood (e.g., T-111).
(ii) Design District 2. A wide variety of both natural and high quality man-made
materials are allowed. Examples of acceptable materials include red brick, indigenous
stone (i.e., granite, limestone, and marble), architectural concrete, synthetic stucco,
wood clapboard (synthetic materials such as vinyl siding may be used in place of wood
provided it is of high quality and closely resembles wood clapboard/shingles), and glass
or glass block. Other materials may be used as an architectural accent provided they are
harmonious with the building and site. Examples of unacceptable materials include
metal skin and laminated wood (e.g., T-111).
(iii) Design District 3. Natural, indigenous materials of stone, masonry and wood shall
predominate. Examples of acceptable materials include red brick, indigenous stone (i.e.,
granite, limestone, and marble), architectural concrete and wood clapboard/shingles
(synthetic materials such as vinyl siding may be used in place of wood provided it is of
high quality and closely resembles wood clapboard/shingles). Other materials may be
used as an architectural accent provided they are harmonious with the building and site.
Examples of unacceptable materials include metal skin and laminated wood (e.g., T-
111).
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(c) Colors and textures used. The color and texture of the building shall be harmonious
with the building itself and with other buildings on the site and nearby. Colors naturally
occurring from building materials and other traditional, subdued colors are encouraged.
More than three (3) predominant colors are discouraged.
(d) Windows and doors. Window and door treatment (i.e., the arrangement of
windows and doors into a pattern) shall be a careful response to the buildings interior
organization as well as the features of the building site. The treatment of windows and
doors shall be in a manner that creates a rhythm that gives necessary order and unity to the
facade, yet avoids monotony. In Design Districts 1 and 2, for sides of buildings that front or
face a public street, existing or planned, the majority of the first floor’s facade area shall
consist of see-through glass in order to promote pedestrian activity, however, the windows
and/or doors should be of a human scale so as to welcome, not overwhelm, the pedestrian.
(e) Use of “human-scaled” design elements. Larger buildings shall incorporate the use
of design elements, such as pilasters, colored or textured bands, or window and door
treatments, in order to reduce the larger building’s apparent overall size and, therefore,
avoid a large or long monotonous appearance.
(f) Roofs as a design element. Roofs shall be part of, or define, the style of a building.
They shall be used creatively to break up long facades and potentially long roof lines.
Specific requirements for each Design District are as follows:
(i) Design Districts 1 and 2. For one-story structures, the minimum and maximum
slope of a pitched roof shall be 8 on 12 and 12 on 12, respectively. Only a small portion
of roof area on one-story buildings may be flat provided it is not visible from the public
street, existing or planned, and does not detract from the overall design and harmony of
the building. For structures of two (2) or more stories, the minimum and maximum
slope of a pitched roof shall be 5 on 12 and 12 on 12, respectively. Where flat roofs are
ARTICLE 11 DESIGN REVIEW OVERLAY DISTRICTS
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11-6
used, particularly on structures of two (2) or more stories, architectural elements such
as cornices and parapets shall be included to improve the appearance and provide
interest. Large, low-slope (i.e., less than 5 on 12) gable forms are discouraged.
(ii) Design District 3. For one-story structures, the minimum and maximum slope of
a pitched roof shall be 8 on 12 and 12 on 12, respectively. For structures of two (2) or
more stories, the minimum and maximum slope of a pitched roof shall be 5 on 12 and
12 on 12, respectively. Only a small portion of roof area may be flat provided it is not
visible from the public street, existing or planned, or does not detract from the overall
design and harmony of the building. Where portions of a roof are flat, architectural
elements such as cornices and parapets shall be included to improve the appearance
and provide interest. Large, low-slope (i.e., less than 5 on 12) gable forms are
discouraged.
Inappropriate Roof Treatment – Monotonous Appropriate Roof Treatments
(g) Orient buildings to the public street. Buildings shall be designed in a manner that
relates the building to the public street in order to protect the integrity of city blocks,
present an inviting street front and promote traditional street patterns. In Design Districts
1and 2, new buildings shall be built to the street property line. The Development Review
Board may approve building locations, or portions thereof, that are set back from the street
property line, provided, the Development Review Board finds the overall site layout to be in
conformance with the City Center goals. The primary entrance to buildings shall be designed
as such and shall be oriented directly on the public street rather than facing parking lots.
The upper floors of taller buildings (i.e., floors four (4) and up) may need to be “stepped
back” or otherwise sited to avoid creating a “canyon” effect and to maintain a pedestrian
friendly public edge. In all Design Districts, for existing buildings undergoing renovation,
improvements shall be done to relate the building better to the public street. Such
improvements could include the installation of doors and windows along the sides of the
building facing the public street, or the construction of walkways between the building and
street.
(h) Conceal rooftop devices. Rooftop mechanical equipment and appurtenances to be
used in the operation or maintenance of a structure shall be arranged so as to minimize
visibility from any point at or below the roof level of the subject structure. Such features, in
excess of one foot in height, shall be either enclosed by outer building walls or parapets, or
grouped and screened in a suitable manner, or designed in themselves so that they are
balanced and integrated with respect to the design and materials of the building.
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(i) Promote energy efficiency. Where feasible, the design of a building should consider
solar energy and the use of natural daylight by capturing the sun’s energy during the winter
and providing shade during the summer.
(j) Pedestrian promenade along Market Street. In Design District 1, the provision of a
covered pedestrian promenade along Market Street is required in order to protect
pedestrians from inclement weather and promote walking. Any pedestrian canopy, or
portion thereof, that is proposed to be located within or encroach into the public R.O.W.
shall meet the specifications identified in the City Center Streetscape Guidelines. An
applicant may elect to incorporate a covered pedestrian promenade as a component of the
building and completely on the applicant’s property, provided the promenade is at least 10
feet high and 8 feet deep. The Development Review Board may waive the requirement for a
covered pedestrian promenade or canopy on a building or portion thereof if the
Development Review Board finds that the block on which the building is located is
adequately covered by other existing promenades/canopies.
11.02 Site Design for City Center Design Review District
A. Landscape and plantings. Significant trees and vegetation should be preserved in its natural
state insofar as practicable. Any grade changes should be in keeping with the general appearance
of neighboring developed areas. Landscape plantings and amenities shall be well designed with
appropriate variations and shall be included as an integral enhancement of the site and, where
needed, for screening purposes. In particular, parking areas shall be well screened by berms,
plantings, or other screening methods to minimize their visual impact. Planting islands shall be used
to break up larger expanses of paved parking areas.
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B. Integrate special features with the design. Storage areas, machinery and equipment
installation, service areas, truck loading areas, garbage and refuse collection areas, utility
connections, meters and structures, mailboxes, and similar accessory structures shall be positioned
in such a way to minimize visibility from the public street, existing or planned. Such features shall
be incorporated within or designed as part of the building on the site, not added as an
afterthought. HVAC equipment should not be pad mounted at grade. Utility connections shall be
installed underground and utilities shall co-exist to the greatest extent possible.
C. Walls, fences or other screening features: Such elements, if used, shall be employed in a
skillful manner and in harmony with the architectural context of the development. Such features
should be used to enhance building appearance and to strengthen visual linkages between a
building and its surroundings.
D. Accessible open space. When providing open space on a site, it shall be designed to be
visually and physically accessible from the public street. Open space should add to the visual
amenities of the vicinity by maximizing its visibility for persons passing by or overlooking the site
from neighboring properties. If open space is intended for active use, it should include such
elements as benches, shade trees, and refuse containers and be so designed to maximize its
accessibility for all individuals, including the disabled, and encourage social interaction. The siting
of open space on a lot shall also consider the potential impact of buildings, both existing and
potential, on shadow casting and solar access.
E. Provide efficient and effective circulation. With respect to vehicular and pedestrian
circulation, special attention shall be given to the location and number of access points to public
streets and sidewalks, to the separation of vehicles and pedestrians, to the arrangement of parking
areas and to service and loading areas, and to the location of accessible routes and ramps for the
disabled. Site design shall also provide for interconnections, both vehicular and pedestrian,
between adjacent properties.
F. Outdoor Lighting. Outdoor lighting shall be designed to be both aesthetically pleasing and
functional. The lighting type or types shall be metal halide, compact fluorescent and/or induction
lamps and shall be of a white color with a Color Rendering Index (CRI) of seventy (70) or greater
recommended. Light fixtures shall be appropriately shielded to preclude glare and overall
illumination levels should be evenly distributed.
G. Provide for nature’s events. Attention shall be accorded to design features which address
the affects of rain, snow and ice at building entrances and on sidewalks, and to provisions for snow
and ice removal from circulation areas.
H. Make spaces secure and safe. With respect to personal safety, all open and enclosed spaces
should be designed to facilitate building evacuation, and provide reasonable accessibility by fire,
police or other emergency personnel and equipment.
I. Streetscape improvements. An applicant for new development shall be responsible for
implementing streetscape improvements (e.g., sidewalks, street lighting, street trees, etc.) within
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the portion of the public street ROW directly fronting the parcel of land for which development is
proposed. Such streetscape improvements shall be in accord with the specifications contained in
the City Center Streetscape Design Guidelines.
11.03 Commercial District 1 Design Review Overlay District
[RESERVED]
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-1
12 SURFACE WATER PROTECTION STANDARDS
12.01 General Stream and Surface Water Protection Standards
12.02 Wetland Protection Standards and Review Procedures
12.03 Stormwater Management Overlay District (SMO)
12.01 General Stream and Surface Water Protection Standards
A. Purpose. It is the purpose of this Section to provide for the protection and improvement of
the surface waters and streams within the City of South Burlington, Lake Champlain and Shelburne
Bay, and the watersheds contained wholly or partially within the City. These regulations and
standards are intended to lead to the establishment and protection of natural areas along the City’s
surface waters to provide improved protection for water quality and the provision of open space
areas and wildlife habitat. It is the further purpose of this Section to provide for the retention of
preexisting residential neighborhoods located along Lake Champlain and Potash Brook in a manner
consistent with the resource protection goals of this Section and the Comprehensive Plan.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of south Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Surface Water Buffer Standards (“Stream Buffers”)
(1) Applicability. The requirements of this Section shall apply to all lands described as
follows:
(a) All land within one hundred (100) feet horizontal distance of the centerline of
Muddy Brook and the main stem of Potash Brook, with the exception of lands within the
Queen City Park zoning district which shall be subject to the provisions of (D) below.
(b) All land within one hundred (100) feet horizontal distance of the edge of the channel
of the Winooski River
(c) All land within fifty (50) feet horizontal distance of the centerline of any minor
stream
(d) All land within ten (10) feet horizontal distance of the centerline of a drainage way
(e) All land within one hundred fifty (150) feet horizontal distance of the high water
elevation of Lake Champlain, which for purposes of these regulations shall be one hundred
two (102) feet above mean sea level datum.
(2) General standards. It is the objective of these standards to promote the establishment
of heavily vegetated areas of native vegetation and trees in order to reduce the impact of
stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City’s
streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant
to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all lands within a required
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
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stream buffer defined above shall be left in an undisturbed, naturally vegetated condition.
Supplemental planting and landscaping with appropriate species of vegetation to achieve these
objectives shall be permitted. The specific standards for the vegetation and maintenance of
stream buffers are as follows:
(a) The clearing of trees that are not dead, heavily damaged by ice storms or other
natural events, or diseased, and the clearing of any other vegetation other than invasive
species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below.
(b) Any areas within a required stream buffer that are not vegetated or that are
disturbed during construction shall be seeded with a naturalized mix of grasses rather than
standard lawn grass, and shall not be mowed more than one (1) time per calendar year
after establishment.
(c) The creation of new lawn areas within stream buffers is not permitted after the
effective date of these regulations.
(d) Snow storage areas designated pursuant to site plan or PUD review shall not be
located within stream buffers unless the applicant can demonstrate that:
(i) There is no reasonable alternative location for snow storage on the same
property.
(ii) Measures such as infiltration areas have been incorporated into the site plan
and/or stormwater treatment system to reduce the potential for erosion and
contaminated runoff entering the associated stream as a result of snow melt.
(3) Expansion of pre-existing structures within stream buffers. The expansion of pre-
existing structures within stream buffers, except as provided in Section D below, shall be
permitted only in accordance with the standards for non-complying structures in Article 3,
Section 3.11 of these Regulations.
(4) New uses and encroachments within stream buffers. The encroachment of new land
development activities into the City’s stream buffers is discouraged. The DRB may authorize the
following as conditional uses within stream buffers, subject to the standards and conditions
enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD
review without a separate conditional use review.
(a) Agriculture, horticulture and forestry including the keeping of livestock, provided
that any building or structure appurtenant to such uses is located outside the stream buffer.
(b) Clearing of vegetation and filling or excavating of earth materials, only to the extent
directly necessitated for the construction or safe operation of a permitted or conditional
use on the same property and where the DRB finds that:
(i) There is no practicable alternative to the clearing, filling or excavating within the
stream buffer; and
(ii) The purposes of this Section will be protected through erosion controls,
plantings, protection of existing vegetation, and/or other measures.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-3
(c) Encroachments necessary to rectify a natural catastrophe for the protection of the
public health, safety and welfare.
(d) Encroachments necessary for providing for or improving public facilities.
(e) Public recreation paths, located at least ten (10) feet from the edge of channel of the
surface water.
(f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources
stormwater treatment standards, and routine maintenance thereof, including necessary
clearing of vegetation and dredging. Evidence of a complete application to the VANR for
coverage under the applicable permitting requirements shall be required to meet this
criterion for encroachment into a stream buffer.
(g) Roadways or access drives for purposes of crossing a stream buffer area to gain
access to land on the opposite side of the buffer, or for purposes of providing safe access to
an approved use, in cases where there is no feasible alternative for providing safe access
and the roadway or access drive is located at least ten (10) feet from the edge of channel of
the surface water.
(h) Utility lines, including power, telephone, cable, sewer and water, to the extent
necessary to cross or encroach into the stream buffer where there is no feasible alternative
for providing or extending utility services.
(i) Outdoor recreation, provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the stream buffer.
(j) Research and educational activities provided any building or structure (including
parking and driveways) appurtenant to such use is located outside the stream buffer.
(k) Hydro-electric power generation
D. Pre-Existing Structures along Lake Champlain and within Queen City Park
(1) Applicability. The provisions of this section shall apply to preexisting structures within
the areas defined as follows:
(a) All lands within one hundred fifty (150) feet horizontal distance of the high water
elevation of Lake Champlain, which for purposes of these regulations shall be one hundred
two (102) feet above mean sea level datum;
(b) All lands within the Queen City Park zoning district located within one hundred (100)
feet horizontal distance of the centerline of Potash Brook.
(2) Expansion and construction of pre-existing structures. Within the areas defined in
Section (D)(1) above, the expansion and reconstruction of pre-existing structures may be
approved by the DRB as a conditional use provided the requirements of the underlying zoning
district and the following standards are met:
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-4
(a) The structure to be expanded or reconstructed was originally constructed on or
before April 24, 2000. For purposes of these Regulations, expansion may include the
construction of detached accessory structures including garages and utility sheds.
(b) The expanded or reconstructed structure does not extend any closer, measured in
terms of horizontal distance, to the applicable high water elevation or stream centerline
than the closest point of the existing structure.
(c) The total building footprint area of the expanded or reconstructed structure shall
not be more than fifty percent (50%) larger than the footprint of the structure lawfully
existing on April 24, 2000. For purposes of these regulations, reconstruction may include
razing the existing structure and/or foundation and constructing a new structure in
accordance with the provisions of the underlying zoning district regulations and this section.
(d) An erosion control plan for construction is submitted by a licensed engineer
detailing controls that will be put in place during construction or expansion to protect the
associated surface water.
(e) A landscaping plan showing plans to preserve, maintain and supplement existing
trees and ground cover vegetation is submitted and the DRB finds that the overall plan will
provide a visual and vegetative buffer for the lake and/or stream.
(3) Erosion control measures and water-oriented development along Lake Champlain.
Within the area along Lake Champlain defined in Section (D)(1)(a) above, the installation of
erosion control measures and water-oriented development may be approved by the DRB as a
conditional use provided the following standards are met:
(a) The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
(b) The improvement will not increase the potential for erosion.
(c) The improvement will not have an undue adverse impact on the aesthetic integrity
of the lakeshore. In making a determination pursuant to this criterion, the DRB may request
renderings or other additional information relevant and necessary to evaluating the visual
impact of the proposed improvement.
(d) A landscaping plan showing plans to preserve, maintain and supplement existing
trees and ground cover vegetation is submitted and the DRB finds that the overall plan will
provide a visual and vegetative buffer for the lake and/or stream.
E. Potash Brook Tributary 3 Requirements. For lands located within one hundred fifty (150)
feet horizontal distance of Tributary 3 of Potash Brook, as delineated in the Potash Brook
Watershed Restoration Plan, the DRB shall have the authority to invoke technical review of
proposed land development activities requiring DRB approval. Such technical review shall have the
specific purpose of recommending site plan, stormwater and landscaping measures that will ensure
that land development activities are consistent with the City’s overall plan for ecosystem
restoration in the Tributary 3 watershed.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-5
F. Landscaping and Maintenance Standards within Stream Buffers [reserved]
G. Watercourse Alteration and Relocation.
(1) The alteration or relocation of a watercourse is permitted subject to the approval of the
Development Review Board provided the alteration or relocation:
(a) Is needed to accomplish a clear public purpose or objective;
(b) Will not reduce the ability of the watercourse to carry or store flood waters
adequately;
(c) Will not have an adverse impact on downstream or upstream water quality;
(d) Will not affect adversely the use and enjoyment of adjacent properties;
(e) Will not affect adversely the habitat value of the watercourse or immediately
adjacent areas or wetlands.
(2) In making findings relative to these criteria, the DRB shall be authorized to invoke
technical review by a professional in hydrology or geomorphology, and/or to rely on the
issuance of a Stream Alteration Permit issued by the Vermont Department of Environmental
Conservation as evidence that the above criteria have been met.
(3) The South Burlington Natural Resources Committee shall in a timely manner review and
make advisory comments to the DRB on any application made pursuant to this section.
12.02 Wetland Protection Standards and Review Procedures
A. Purpose. It is the purpose of this Section to provide appropriate protection of the City’s
wetland resources in order to protect wetland functions and values related to surface and ground
water protection, wildlife habitat, and flood control.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of south Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
C. Wetlands Map and Applicability of Standards.
(1) All wetland areas within the City of South Burlington, whether identified on the map
entitled “Wetlands Map” as set forth in Section 3.02 of these regulations or as identified
through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the
boundary of any such wetland, shall be subject to the provisions of this section.
(2) In the absence of site-specific delineations, the City’s Wetlands Map shall control as to
the location of wetlands and wetland buffer areas subject to the provisions of this section.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-6
D. Submittal and Review of Field Delineation and Wetlands Report
(1) For all properties for which any application for development requiring DRB review is
made, and on which any wetland areas are indicated on the Wetlands Map, applicants are
strongly encouraged to submit site specific field delineations indicating the location,
classification, functions and values of all wetland areas (Class I, II and III) and an associated fifty
(50) foot buffer area. In the absence of such site-specific delineations and information, the
City’s Wetlands Map shall control.
(2) Applicants are encouraged to submit a field delineation and wetlands report as early in
the development review process as possible.
(3) The DRB shall have the authority to invoke technical review by a qualified wetlands
consultant of any field delineation and wetlands report. The City’s wetlands consultant shall
submit an evaluation of the field delineation and wetlands report addressing the proposed
development’s consistency with the standards in (D) above, and outlining the following:
(a) Measures that can be taken to improve the overall effect of the project on wetland
resources without altering the layout of the proposed project.
(b) Measures that can be taken to improve the overall effect of the project on wetland
resources that involve altering the layout of the proposed project.
E. Standards for Wetlands Protection
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer
areas is generally discouraged.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with
issuance of a Conditional Use Determination (CUD) by the Vermont Department of
Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3)
below.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland
buffers, may be permitted by the DRB upon finding that the proposed project’s overall
development, erosion control, stormwater treatment system, provisions for stream buffering,
and landscaping plan achieve the following standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry or
store flood waters adequately;
(b) The encroachment(s) will not adversely affect the ability of the proposed
stormwater treatment system to reduce sedimentation according to state standards;
(c) The impact of the encroachment(s) on the specific wetland functions and values
identified in the field delineation and wetland report is minimized and/or offset by
appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation
measures.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-7
12.03 Stormwater Management Overlay District (SMO)
A. Purpose. The purpose of this section is:
(1) To promote stormwater management practices that maintain pre-development
hydrology through site design, site development, building design and landscape design
techniques that infiltrate, filter, store, evaporate and detain stormwater close to its source;
(2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other
natural aquatic systems on the development site and elsewhere from degradation that could be
caused by construction activities and post-construction conditions;
(3) To protect other properties from damage that could be caused by stormwater and
sediment from improperly managed construction activities and post-construction conditions on
the development site;
(4) To reduce the impacts on surface waters from impervious surfaces such as streets,
parking lots, rooftops and other paved surfaces; and
(5) To promote public safety from flooding and streambank erosion, reduce public
expenditures in removing sediment from stormwater drainage systems and natural resource
areas, and to prevent damage to municipal infrastructure from inadequate stormwater
controls.
B. Scope and Applicability
(1) These regulations shall apply to all land development within the Stormwater
Management Overlay District (SMO) as shown on the Overlay Districts Map that:
(a) Disturbs an area of more than one-half acre of land as part of the proposed
application and/or
(b) Results in a total impervious area of greater than one-half acre on an applicant’s
parcel.
(2) Exemptions:
(a) Any application that will increase the total impervious area on an applicant’s parcel
by less than five thousand (5,000) square feet.
C. Site Design Requirements
(1) The post-construction peak runoff rate for the one-year, twenty-four hour (2.1 inch) rain
event shall not exceed the existing peak runoff rate for the same storm event from the site
under current conditions. Low Impact Development (LID) practices, including but not limited to
practices detailed in the “South Burlington Low Impact Development Guidance Manual”, shall
be incorporated into the site design as necessary to achieve the required runoff rate, and may
be supplemented with structural measures, subject to the approval of the Stormwater
Superintendent, to the extent necessary to achieve the required post-construction runoff rate.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
12-8
D. Stormwater Management Plan
(1) Applicants shall submit a Stormwater Management Plan (SMP) for review by the
Stormwater Superintendent that includes, at a minimum, the following information:
(a) Existing conditions and proposed condition site plans including:
(i) Site location
(ii) Location, type and size of all proposed impervious areas (e.g. roofs, pavement,
gravel drive, etc…)
(iii) Location, type, size and specifications for all proposed LID installations
(iv) Drainage ways, natural waterbodies, and sub-watershed boundaries, with
sufficient information to determine the site’s relationship to these features on
surrounding properties
(v) Existing and proposed stormwater collection systems, culverts, detention basins
and other stormwater treatment practices
(vi) Topography
(vii) Soil types and/or hydrologic soil group
(viii) Existing and proposed landscaping, including existing tree canopy and other
vegetation and any proposed alterations thereto
(ix) Delineated wetlands
(b) A brief description of the proposed LID techniques. Where LID design approaches
are not proposed in the stormwater management plan (see Section C(1)), the applicant shall
provide a full justification and demonstrate why the use of LID approaches is not practical
before proposing to use conventional structural stormwater management measures.
(c) Prior to issuance of a zoning permit, a detailed maintenance plan for all proposed
stormwater treatment practices, including the selected LID elements, as applicable, shall be
submitted to the Stormwater Superintendent.
(d) Design details for culverts including:
(i) Lengths
(ii) Diameters
(iii) Materials
(iv) Slopes, and
(v) Elevation
(e) Design details for detention basins and other stormwater treatment practices
including:
(i) Elevation of bottoms, spillways, inlets, and outlets
(ii) Elevation volume curves, and
(iii) Elevation storage discharge curves.
ARTICLE 12 SURFACE WATER PROTECTION STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
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(f) Modeling results that show the existing and post-development hydrographs for the
one-year, twenty-fourhour (2.1 inch) rain event. Any TR-55 based model shall be suitable
forthis purpose, subject to the discretion of the Stormwater Superintendent.
E. Drainage Structures
(1) Removal of Runoff – The applicant shall remove any surface runoff that exists as a result
of the proposed land development. Drainage facilities shall be located in road right-of-way
where feasible. All drainage facilities shall be designed in accordance with Public Works
Standards and Specifications. Drainage facilities shall also conform to the provisions of Section
12.01 Surface Water Buffer Standards (“Stream Buffers”).
(2) Drainage Structures To Accommodate Upstream Development – Culverts or other
drainage facilities shall be of sufficient size to accommodate potential runoff from the entire
upstream drainage area, whether all or part of the upstream area is involved land for purposes
of the application. In determining the anticipated amount of upstream runoff for which
drainage facilities must be sized, the applicant will design the system assuming the total
potential development of upstream drainage areas. All drainage structures shall be designed
to, at a minimum, safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event. The
applicant’s engineer shall provide such information as the Stormwater Superintendent or his
designee deems necessary to determine the adequacy of all drainage structures.
(3) Responsibility for Downstream Drainage Structures – The applicant shall provide the
Stormwater Superintendent or his designee with such information as the Superintendent
deems necessary to determine the effects of the application on drainage structures located
downstream of the project, whether these structures are located on land owned or controlled
by the applicant. This analysis shall be conducted using the twenty-five year, twenty-four hour
(4.0 inch) storm event. In instances where the Superintendent anticipates that additional
runoff incident to the application may overload an existing downstream drainage structure and
result in damage to private or public property, the DRB shall impose conditions requiring the
applicant to incorporate measures to prevent these conditions, whether such improvements
are located on or off the applicant’s property.
F. Record Drawings
(1) Upon completion of the construction project, “Record Drawings” shall be supplied to
the Stormwater Superintendent in a format specified by the Department of Planning & Zoning.
All record copies shall include details for all stormwater infrastructure, invert & rim elevations,
pipe material, and final grading of the site.
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-1
13 SUPPLEMENTAL REGULATIONS
13.01 Off-Street Parking and Loading
13.02 Home Occupations
13.03 Airport Approach Cones
13.04 Swimming Pools
13.05 Outside Storage and Display
13.06 Landscaping, Screening, and Street Trees
13.07 Exterior Lighting
13.08 Specific Regulations for Nighttime Illumination of Governmental Flags
13.09 Bus Shelters
13.10 Solar Radiation
13.11 Numbering Systems for Multi-Family Development
13.12 Group Homes
13.13 Family Child Care Home or Facility (Day Care Facility)
13.14 Affordable Housing
13.15 Connections across a Lot
13.16 Earth Products
13.17 Fences
13.18 Utility Cabinets
13.19 Signs
13.20 Subsurface Sewage Disposal Systems
13.21 Satellite Dishes
13.22 Seasonal Mobile Food Units
13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and
veterinary hospitals
13.24 Self Storage in the Mixed Commercial-Industrial (CI) District
13.25 Retaining Walls
13.26 Auto & Motorcycle Sales, Limited
13.01 ff Street Parking and Loading
A. Purpose. In order to minimize traffic congestion, air pollution, and the risk of motor vehicle
and pedestrian accidents, as well as to promote other elements of sound community planning, off-
street parking and loading spaces shall be required of all structures and land uses. Such spaces shall
be provided and kept available as an accessory use to all permitted and conditional uses of
structures, lots, and land in amounts not less than those specified in Tables 13-1 through 13-6,
Schedule of Off-Street Parking and Loading Requirements. Subject to the provisions of Section
13.01(N), Exemptions and Waivers, the requirements of this section shall apply under the following
circumstances:
(1) All new structures erected for use on a property.
(2) Any structure which is hereafter altered or enlarged.
(3) All new uses of a property.
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-2
(4) Any use of a property which is hereafter altered or enlarged.
B. Determination of Parking and Loading Spaces.
(1) All structures and land uses shall be provided with a sufficient amount of off-street
parking to meet the needs of persons employed at or making use of such structures or land
uses, and sufficient off-street loading facilities to meet the needs of such structures or land
uses, but not less than the minimum standards of Tables 13-1 through 13-6, Schedule of Off-
Street Parking and Loading Requirements.
(2) No certificate of occupancy or certificate of compliance shall be issued for any structure
or land use until the required off-street parking and/or loading spaces have been established.
Required off-street parking and/or loading facilities shall be maintained as long as the use of
structure exists which the facilities are designed to serve.
(3) The following methods shall be used to determine the number of required off-street
parking and loading spaces:
(a) The requirement for a single use shall be determined directly from the schedule of
such requirements in Tables 13-1 through 13-6.
(b) The requirement for a combination use made up of several different component
uses (e.g., a restaurant and bar; or a retail store combined with an office building or a
storage area) shall be determined by undertaking a shared parking calculation as explained
under Section 13.01(E).
(c) When the required number of spaces is determined to result in a fraction, it shall be
increased to the next highest whole number.
(d) If the use is not specifically listed in the schedule of such requirements, the
requirements shall be the same as for the most similar use listed, as determined by the
Development Review Board.
(e) When the schedule requires the number of spaces to be calculated per employee
and employees are on the site in shifts, the number to be used is the number of employees
present during the largest shift plus any provision for shift overlaps. In all other cases it shall
mean the total number of employees on the site or who will use the site for parking at any
one time.
(f) A garage or a carport may be used to meet the requirements of this section. A
driveway may only be used to meet the requirements of this section where it serves a one-
family dwelling. A driveway can be considered to meet the parking requirement for a two-
family dwelling if cars can enter or exit independently for each unit. No garage or other
parking area shall be located under a multi-family dwelling (other than a two-family
dwelling) or hotel or other commercial use, without the explicit written permission of the
Development Review Board.
(g) Uses which require approval pursuant to Article 14, Site Plan and Conditional Use
Review may be required to provide off-street parking spaces in excess of the requirements
of this section and Tables 13-1 through 13-6.
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-3
Notes applicable to Tables 13-1 through 13-6:
1. If all parking spaces are common, i.e. non-reserved, and if there are more than 10 DUs, the
requirement decreases to 2 spaces per DU
2. Any spaces required as part of the operational function, such as display, storage or queuing
spaces at the transfer station or service station, are in addition
3. Add 3 per 1,000 SF GFA for retail areas plus 3.5 per 1,000 SF GFA for office space
4. Parking need varies according to type of facility and will be determined during site plan
approval
Definitions applicable to Tables 13-1 through 13-6:
“Employee” means the number of employees working at the specific location on the main shift plus
any overlap from prior or later shifts.
TABLE 13-1: PARKING REQUIREMENTS, RESIDENTIAL USES
Use Parking Space Requirement Notes
Single-family dwelling 2 spaces per DU
Two-family dwelling 2 spaces per DU plus 1 space for every
4 units
1
Multi-family dwelling 2 spaces per DU plus 1 space for every
4 units
1
Assisted living 0.6 spaces per DU
Congregate housing 1.2 spaces per DU plus 1 space for
every 4 units
Accessory residential unit 1 per DU
Accessory residential unit w/o occupancy
restriction on lots of ½ acre or more
2 per DU
TABLE 13-2: PARKING REQUIREMENTS, COMMERCIAL USES
Use Parking Space Requirement Notes
Agriculture & construction equipment sales,
service & rental
2 per 1,000 SF GFA
Recreation facility, indoor 0.33 per person in maximum
occupancy permitted
Recreation facility, outdoor 0.33 per seat or per person in
maximum occupancy
Auto and motorcycle sales, service and repair 2 per 1,000 SF GFA 2
Artist production studio 2 per 1,000 SF GFA
Auto rental, with private accessory car wash
and fueling
2 per 1,000 SF GFA 2
Drive-through bank 5.8 per 1,000 SF GFA 2
Bed & breakfast, minimum 1 acre lot 2 plus 1.5 per guest bedroom
Car wash 2 per 1,000 SF GFA, minimum of 2 2
Commercial greenhouse 2 per 1,000 SF GFA
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-4
Convenience store, principal use 5 per 1,000 SF GFA
Convenience store <3,000 SF within principal
structure
4 per 1,000 SF GFA
Day care facility 1 per employee plus 0.1 per licensed
enrollment capacity
Use (continued) Parking Space Requirement Notes
General merchandise store 4 per 1,000 SF GFA
Equipment service, repair & rental 2 per 1,000 SF GFA
Financial institution 3.6 per 1,000 SF GFA
Flight instruction 1 per employee (faculty and staff) plus
0.5 per student enrollment capacity
Hotels 1 per room, plus 0.33 per maximum
occupancy in meeting and banquet
rooms
Hotels, extended stay 1 per room plus 1 per employee
Indoor theater 0.33 per seat
Commercial kennel, animal shelter, veterinary
hospital or pet day care
1 per employee plus 0.5 per 1,000 SF GFA
Lumber and contractor’s yard 1 per employee plus 0.5 per 1,000 SF GFA
Mobile home, RV, and boat sales, repair & service 2 per 1,000 SF GFA 2
Office, general 3.5 per 1,000 SF GFA
Office, medical 5 per 1,000 SF
Personal or business service, principal use 2 per treatment station, but not less than
4 per 1,000 SF GFA
Personal or business service, up to 3,000 SF GFA per
any one principal structure
2 per treatment station (personal service)
or 4 per 1,000 SF GFA, whichever greater
Pet grooming 4 per 1,000 SF GFA
Printing & binding production facilities 2 per 1,000 SF GFA
Photocopy & printing shops, with accessory retail 2 per 1,000 SF GFA, plus 5 per 1,000 SF
GFA of retail area
Radio & television studio 2 per employee
Research facility or laboratory 3 per 1,000 SF GFA
Restaurant, standard 18 per 1,000 SF GLA
Restaurant, short order 12 per 1,000 SF GLA
Retail food establishment <5,000 SF GFA 6.7 per 1,000 SF GFA
Retail food establishment >5,000 SF GFA, and
supermarkets
6 per 1,000 SF GLA
Retail business, excluding general merchandise
stores
5 per 1,000 SF GFA
Retail business up to 3,000 SF GFA within any one
principal structure
4 per 1,000 SF GFA
Retail warehouse outlet 5 per 1,000 SF GFA
Sale, rental & repair of aircraft & related parts 2 per 1,000 SF GFA
Seasonal mobile food unit 8 per employee
Service station with convenience store 10 per 1,000 SF GLA 2
Shopping center 5 per 1,000 SF GLA if GLA is 400,000 SF or
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-5
less
5.5 per 1,000 SF GLA if more than 400,000
SF
Taverns, night clubs & private clubs 0.5 per maximum authorized occupancy
Use (continued) Parking Space Requirement Notes
Motor freight terminal 1 per employee 2
Commercial or public parking facility 1 per employee 2
Warehousing, processing, storage & distribution 0.5 per 1,000 SF GFA
Distribution and related storage, as a minority of
floor area accessory to another principal permitted
or conditional use
0.5 per 1,000 SF GFA for the distribution
and storage portion of GFA
Wholesale establishments 0.5 per 1,000 SF GFA plus any
requirements for office or sales area
TABLE 13-3: PARKING REQUIREMENTS, AGRICUTURAL USES
Use Spaces Required Notes
Horticulture & forestry with on-premise sales 1 per employee plus 2 per 1,000 SF
GFA
Horticulture & forestry, no on-premise sales 1 per employee
Keeping of livestock on 10 acres or more 1 per employee
Single-family dwelling related to agriculture 2 per DU
Additional dwelling for farm employees 1 per bedroom
TABLE 13-4: PARKING REQUIREMENTS, PUBLIC AND QUASI-PUBLIC USES
Use Spaces Required Notes
Place of worship 0.5 per seat
Community center 0.33 per maximum permitted
occupancy
Cultural facility 0.33 per maximum permitted
occupancy
Educational facility: elementary and secondary
schools
1 per classroom and other rooms
used by students, staff or faculty, plus
0.25 per student of driving age
Educational facility: college, university, or
professional school
1 per classroom and other rooms
used by students, staff or faculty, plus
0.50 per student
Personal instruction facility 2 per employee
Municipal facility 3 per 1,000 SF GFA
Educational support facilities 2 per 1,000 SF GFA
Group home 1 per sleeping room plus 2 spaces
Group quarters 1 per sleeping room plus 2 spaces
Hospice 0.3 per bed
Skilled nursing facility 0.3 per bed
Social services 4 per 1,000 SF GFA
Public utility substations 1 per employee, minimum of 2 spaces
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-6
Cemeteries 1 per employee, minimum of 2 spaces 2
Parks n/a 4
Recreation paths n/a 4
TABLE 13-5: PARKING REQUIREMENTS, INDUSTRIAL USES
Use Spaces Required
Light manufacturing 0.5 per 1,000 SF GFA, plus 1 space per
employee
Manufacturing & assembly from previously
prepared materials & components
0.5 per 1,000 SF GFA plus 1 space per
employee
TABLE 13-6: PARKING REQUIREMENTS, MISCELLANEOUS USES
Use Spaces Required
Private providers of public services, including
vehicle storage & maintenance
0.5 per 1,000 SF GFA plus 1 space per
employee
2
Waste transfer stations 1 space plus 1 per employee 2
C. Location of Off Street Parking, Loading, and Vehicle Entrances.
(1) Except as provided in the Central District and in Sections 13.01(E) and (D), off street
parking and loading that is required for a use or uses under this section shall be located entirely
on the property on which the use or uses exist. The Development Review Board may approve
required off street parking that is located off the property (“off-site parking”) on which a use or
uses exist, according to Section 13.01(D).
(2) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be
constructed or maintained except in conformance with all applicable standards of the City of
South Burlington and Vermont Agency of Transportation.
(3) The installation of acceleration and/or deceleration lanes on the adjacent public street
may be required if deemed necessary by the Development Review Board.
(4) Driveways generally shall be located more than two hundred (200) feet from signalized
street intersections (measured between the near edges of the driveway and intersection).
Greater distances are encouraged on streets with high traffic volumes.
(5) Screening shall be provided where headlights from vehicles on site may be visible and
project parallel to a public street.
D. Off-Site Parking.
(1) Required parking and loading spaces shall normally be provided upon the same lot as
the use or structure to which they are accessory. However, there may be occasions where off-
site parking is beneficial, whether off-site parking is combined with parking requirements for
other uses or parcels, or just for one particular use. Parking could be provided off-site in
combination with parking for other uses that are the same (e.g. several retail establishments
could combine parking) or that are different. If the uses are the same, the parking requirement
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations Effective January 25, 2016
13-7
shall be determined by adding the parking space needs as per Tables 13-1 through 13-6. If the
uses are different, a shared parking calculation shall be undertaken as per Section 13.01(E).
(2) Off-site parking may be provided for non-residential uses provided that the
Development Review Board approves a plan for off-site parking meeting the following
requirements:
(a) The applicant(s) provides an acceptable overall design and an accurate site plan for
all properties affected by the parking proposal in conjunction with site plan or PUD review.
All owners of the property(ies) where the off-site parking will be provided shall sign the
application.
(b) The lots involved generally shall be adjacent. However, at its discretion, the DRB may
approve a plan for off-site parking where the off-site parking is located within eight hundred
(800) linear feet at its farthest point of the property on which the associated use or uses
exist.
(c) The applicant shall record appropriate legal documents to ensure that the off-site
parking spaces shall be available for use by the user or users for which the off-site parking
spaces are being sought. Such legal documents shall be acceptable to the City Attorney in
form and content. Such legal documents shall ensure the continued existence of the parking
lot or facility to serve said uses so long as they may exist. Such agreement shall guarantee
also that upon termination of such joint use, each subsequent use of the premises will
provide off-street parking for its own use in accordance with the requirements of this
section and Tables 13-1 through 13-6.
(d) The required parking spaces to be provided, their locations and striping shall be
shown on the plan.
(e) In no event shall off-site parking and loading space for any non-residential use be
located in any R1, R1, R4, LN, QCP or SEQ district.
E. Shared Parking on a Single Lot.
(1) As a matter of public policy, the City of South Burlington finds that the coordination of
off-street parking between adjoining non-residential sites is desirable (1) to allow for traffic
circulation between sites rather than having all traffic entering and exiting the existing road
system to proceed from site to site, (2) to allow for improved pedestrian circulation, and (3) to
reduce the overall amount of paved surface on a site. This coordination can take various forms,
from a simple paved connection to a more elaborate plan to provide both a connection and
shared parking arrangements. Such connection and shared parking are not to be considered a
parking waiver, but an agreement between the landowners and the City of South Burlington to
effect an overall circulation and parking plan.
(2) Where the Development Review Board determines that a proposed development
consisting of two (2) or more uses will generate different hourly, daily and/or seasonal parking
demands due to the varied hours of operation of each use and different peaking characteristics,
the Development Review Board may approve a site plan or PUD utilizing shared parking on the
site that is the subject of the application, or on another site (see Shared Parking, Section
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13.01(E) above). The Development Review Board may, at its discretion, allow for a reduced
number of shared parking spaces to be provided, on or off site, provided that:
(a) The applicant shall provide the Development Review Board with a site plan and a
complete and accurate description of the proposed uses and floor areas devoted to such
uses. All uses participating in the shared parking plan must be located within a convenient
walking distance to the shared parking facility, which generally shall be defined as one-
quarter (1/4) mile.
(b) A shared parking analysis shall be presented calculating the parking demand for each
individual use by time period and, where applicable, by season, in the form of a matrix. The
various time periods shall depend on the uses being analyzed. These periods typically
include a weekday morning, weekday lunch time, weekday afternoon, weekday evening,
Saturday midday and Saturday evening. If the uses experience significant seasonal
variations the analysis should be done for the peak season and possibly for different
seasons (summer, winter, special events, etc.) For each use, the matrix should indicate the
individual peak demand corresponding to the parking requirement as indicated in Tables
13-1 through 13-6, then the expected demand for each time period being analyzed in terms
of a percentage of the peak demand and the number of parking spaces required for that use
at that particular time period. For instance, if there is a 50,000 SF office component in a
mixed-use project, the peak demand for that component is 175 spaces (3.5 times 50), and
during the weekday am period that component will have a presence of 100%, i.e. 175
spaces, during lunch time the presence would be 90%, i.e. 158 spaces, during the weekday
afternoon the presence would be 97%, i.e. 170 spaces, and during the evening hours the
presence would be 20%, i.e. 35 spaces. The same analysis needs to be done for the other
uses that are part of the sharing arrangement. To calculate the total number of spaces
required with the sharing arrangement the numbers of spaces required for each use need
to be added for each time period, and the largest number determines the requirement. This
analysis should be undertaken by a professional planner or engineer, and can be based on
the “Shared Parking” publication by the Urban Land Institute or on “Shared Parking Planning
Guidelines”, an informational report by the Institute of Transportation Engineers. In some
cases the applicant may have to undertake specific surveys of individual uses to determine
the percentage present at various time periods. If the parking demand of a new use is to be
shared with an existing use the applicant should undertake an occupancy survey of the
existing parking facility.
(c) The parking spaces that are part of a shared parking plan cannot be reserved for
individual users or destinations, unless those reserved spaces are excluded from the
calculation.
(d) The Development Review Board may order the property owner to construct the
future parking spaces if, at the Administrative Officer’s recommendation, the DRB
determines a need for additional spaces to be constructed. For example, a change in the
use(s) or the ownership of the parcel may be enough to require the installation of the
parking spaces. In the event that the owner fails to install the additional parking spaces
within one hundred twenty (120) days of being so ordered the City Attorney shall take
appropriate action in a court of competent jurisdiction to restrain the use of said premises.
When this subsection is utilized, the site plan shall contain a statement, signed by the
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applicant in such a form as shall be approved by the City Attorney, consenting to the
provisions contained herein. In addition, the property owner shall be required to submit a
covenant, for filing in the City Clerk’s office, in such a form as shall be approved by the City
Attorney, indicating consent to the provisions of this subsection.
(e) The approval of such shared parking shall be automatically terminated upon the
termination of the operation of any of the involved uses.
EXAMPLE OF A SHARED PARKING ANALYSIS
Weekday AM Weekday Lunch Weekday PM Weekday Eve.Saturday
Size Peak Parking (10-11 AM)(12-2 PM)(3-4 PM)(7-8 PM)(12-2 PM)
Building Use
1,000 SF
or DU Ratio Spaces
%
Present Cars
%
Present Cars
%
Present Cars
%
Present Cars
%
Present Cars
Retail 75.8 5 379 0.7 265 0.85 322 0.8 303 0.8 303 1 379
Bank 2 5 10 0.8 8 1 10 0.05 6 0.05 1 0.17 2
Restaurant 11.5 10 115 0.3 35 0.75 86 0.75 58 0.75 86 0.5 58
Office 157.6 3.5 552 1 551 0.97 535 0.05 513 0.05 28 0.17 94
Residential 155 2 310 0.5 155 0.5 155 0.95 155 0.95 295 0.71 220
Cinema seats 635 15.9 0.3 5 0 0 0 0 0.2 42 0.8 168 0.3 63
Total 1,370 1014 1108 1077 881 816 Notes: (1) The peak parking ratio typically corresponds to the zoning requirement and represents the amount of
parking that would have to be supplied if each use was built independently on its own lot. (2) The percentages for the
presence of each peak parking demand by time period are based on "Shared Parking" by the Urban Land Institute and
on BFJ experience. (Table produced by BFJ, October 2002)
F. Access Management Requirements. It is the intent of the City to minimize traffic and
pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of
required driveways and by minimizing the number of vehicles utilizing such driveways off public
roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail,
restaurant, office, service uses, excluding residential, agricultural and industrial uses) located
adjacent to other commercial lots must provide a driveway connection to any adjacent commercial
lot. If the adjacent property owner does not want to provide for that connection, the applicant
must provide an easement to do so in the future when circumstances may change. This driveway
connection or easement should be located where the vehicular and pedestrian circulation is most
feasible.
G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping.
(1) Design requirements for off-street parking and loading are provided in Table 13-8 and
Figure 13-1 within Section 13.01, Off-Street Parking and Loading, Section 13.06, Landscaping,
Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall
be striped or otherwise physically delimited.
(2) The location of parking areas and loading docks shall prevent conflicts with entering and
exiting traffic onto a public street and prevent conflicts between vehicles and pedestrians. The
distance between access points and parking areas shall be adequate to minimize blockage and
prevent back-ups onto the public street.
(3) Provision shall be made for access by police, fire and emergency vehicles.
(4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be
separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including
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13-10
appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian
circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks
and recreation paths.
(5) Bicycle parking or storage facility. At least one (1) bicycle parking or storage facility shall
be provided for all uses subject to site plan or Planned Unit Development review to serve
persons employed or residing on the premises as well as the visiting public. Additional such
facilities may be required as deemed necessary by the Development Review Board.
H. Number of Parking Spaces. The required number of spaces shall be as listed in Tables 13-1
through 13-6 above. For any use not specifically listed in the schedule of such requirements, the
requirements shall be the same as for the most similar use listed, as determined by the
Administrative Officer.
I. Handicapped –Accessible Parking Spaces. Parking spaces for handicapped persons shall be
provided for all non-residential uses. The size, number, and location of spaces shall comply with the
ADA Accessibility Guidelines. Handicap accessible spaces are required to be eight feet (8'0") wide,
with an adjacent access aisle five feet (5'0") wide. One in every eight (8) accessible spaces must
have an access aisle eight feet (8'0") wide and must be signed "van accessible". The number of
accessible spaces required is shown in Table 13-7 below.
Table 13-7 Minimum Number of Accessible Parking Spaces Required
Total parking
spaces in lot
1 -
25
26-
50
51 -
75
76 -
100
101-
150
151-
200
201-
300
301-
400
401-
500
501-
1000
> 1,000
Number of
accessible
spaces in lot
1 2 3 4 5 6 7 8 9 2% of
total
20 + 1 per
100 over
1,000
J. Recreational Vehicles. Parking or storage facilities for recreational vehicles shall be
provided in all multi-family residential developments of twenty-five (25) units or more.
Recreational vehicles shall not be stored on any common open lands other than those specifically
approved for such purpose by the DRB through the review process. The Development Review
Board may waive this provision only upon a showing by the applicant that the storage and parking
of recreational vehicles shall be prohibited within all private and common areas of the
development.
K. Access Drives. Commercial or industrial access drives connecting parking areas to a public
street or right-of-way shall be a minimum of fifteen (15) feet in width, or ten (10) feet if designated
for one-way traffic. Residential access drives serving garages and parking lots shall be a minimum of
twenty (20) feet in width. Aisles and access drives shall be privately owned and maintained.
L. Reserved Parking. In the event that an applicant can demonstrate to the Development
Review Board that its present parking needs do not necessitate the construction of the number of
parking spaces required herein, the Development Review Board may approve a site plan requiring
the present construction of a lesser number of spaces. In such an event, the site plan shall show
sufficient spaces reserved for future parking requirements with the combined number of spaces
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being not less than that required by Table 13-1 through 13-6. In all cases, at least two-thirds (2/3s)
of the number of required parking spaces shall be provided. The remaining reserved space shall
remain unpaved or kept pervious until such time as it is needed, unless the reserved area is used
for internal circulation. The reserved area shall be shown on any site plan. The Development
Review Board may order the property owner to install the future parking spaces if, at the
Administrative Officer’s recommendation and the Development Review Board’s sole discretion, the
need for additional spaces arises. For example, a change in the use(s) or the ownership of the
parcel may be enough to require the installation of the parking spaces. In the event that the owner
fails to install the additional parking spaces within one hundred twenty (120) days of being so
ordered, the Administrative Officer shall revoke the certificate of occupancy for the premises, and
the City Attorney may take appropriate action in a court of competent jurisdiction to restrain the
use of said premises. When this subsection is utilized, the site plan shall contain a statement,
signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the
provisions contained herein. In addition, the property owner shall be required to submit a
covenant, for filing in the City Records office, in such a form as shall be approved by the City
Attorney, indicating consent to the provisions of this subsection.
M. Structured Parking. Structured parking may be allowed by the Development Review Board
in conjunction with approval of a site plan or PUD. Structured parking shall be defined as any
structure consisting of more than one level and used to store motor vehicles. The parking structure
may be stand-alone or may be part of or attached to another structure. Such structures typically
comprise parking decks, garages, or roof-top parking areas. The Development Review Board may
require design elements for parking structures that specifically address safety, security, lighting,
landscaping, and visual aesthetics as conditions for approval.
N. Exemptions, Waivers, and Modifications of Requirements.
(1) Exemptions. Existing buildings and uses are exempt as follows:
(a) Structures and land uses lawfully in existence or in use or for which zoning permits
have been approved by the effective date of these regulations shall not be subject to the
parking or loading space requirements set forth in this section. However, any parking or
loading facility now existing to serve such structures or uses shall not be reduced except
where such facility exceeds such requirements, in which case such facility shall not be
reduced below such requirements.
(b) However, no structure or lot lawfully in use at the effective date of this chapter shall
be enlarged unless the off-street parking and truck loading space requirements of this
section are complied with to the same extent as would be required if the entire pre-existing
structure or use and the proposed enlargement were being submitted as if they were a new
application. The Development Review Board shall require additional off-street parking and
truck loading spaces with respect to the proposed enlargement, but at its discretion may
not require additional spaces with respect to the preexisting part of the structure or use.
(2) Waivers. Where the Development Review Board determines that a proposed land use
or structure is adequately served by existing or proposed parking facilities, the Development
Review Board may waive the off-street parking space requirements stipulated in Tables 13-1
through 13-6, by no more than twenty-five percent (25%).
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13-12
(3) Modifications of Requirements. Where the Development Review Board determines
that unique usage or special conditions exist, it may require off-street parking spaces and
loading areas greater than the requirements of this section. The Development Review Board
may reduce the requirements of Tables 13-1 through 13-6 for the number of off-street parking
spaces and loading areas for non-residential uses and structures if it determines that
overlapping use of parking spaces or other unique characteristic cause the requirement to be
unnecessarily stringent. See sub-sections on Shared Parking.
Table 13-8 Parking Lot Dimensions
A L D W Di
Parking Angle
(Degrees)
Curb Length per
Car (Feet)
Depth of Stall
(Feet)
Width of Aisle
(Feet)
Depth of Stall
(Feet)
0 22.0 8.0 12 8.0
20 24.9 14.2 12 10.1
25 20.1 15.4 12 11.4
30 17.0 16.4 12 12.7
35 14.8 17.3 12 13.7
40 13.2 18.1 12 14.8
45 12.0 18.7 13 15.8
50 11.1 19.2 13 16.6
55 10.4 19.6 14 17.2
60 9.8 19.8 15 17.8
65 9.4 19.9 17 18.2
70 9.0 19.8 20 18.4
75 9.0 19.6 23 18.6
80 9.0 19.2 24 18.4
85 9.0 18.7 24 18.3
90 9.0 18.0 24* 18.0
The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet.
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Figure 13-1 Parking Lot Layout
13.02 Home Occupations
A. General Restrictions. Customary home occupations are permitted as accessory uses in all
districts provided that:
(1) The use is conducted solely and entirely within the primary dwelling or in an
accessory building, and the use is clearly incidental and secondary to the use of the dwelling
unit from living purposes.
(2) The home occupation shall be owned by the principal occupant of the dwelling in
which it is located. In no case may the homeowner or principal occupant rent out the
business area of the dwelling.
(3) The total space devoted to the home occupation must be located either in the
dwelling or an accessory structure. In either case, the total space devoted to the home
occupation shall not exceed twenty-five percent (25%) of the ground floor area of the
dwelling.
(4) There shall be no external display or advertising of goods or services or other
external evidence of such use, except for a sign. Such sign shall conform to the City Sign
Ordinance. The content of the sign shall be the name and/or address of the home
occupation and/or owner of the business.
(5) The establishment of such occupation shall not require internal or external
alterations or involve construction features not customarily found in dwelling units.
(6) The appliances and equipment shall be operated in such a manner that they do not
produce and emit beyond the boundaries of the premises on which the use is located, dust,
glare, hazard, heat, light, noise, nuisance, odor, radiation, radio or television interference,
smoke, or vibration and are in no other manner obnoxious or detrimental to the immediate
neighborhood.
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(7) The use itself is conducted in such a manner and during such hours that it is in no
way obnoxious, offensive, or detrimental to the immediate neighborhood.
(8) In the case of a music or voice instructor, the office or studio shall be so equipped
and used that the sounds therefrom shall not be heard beyond the boundaries of the
premises on which the use is located.
(9) There are not more than two (2) employees or helpers other than members of the
household.
(10) Prior to establishing a home occupation, a certificate of occupancy/compliance
permit shall be obtained from the Administrative Officer. The Administrative Officer shall
issue such permit only if the request is in conformance with the above requirements.
(11) In the event that there is more than one home occupation on the premises, all
provisions above shall apply as if there were only one home occupation. For example, no
more than twenty-five percent (25%) of the ground floor area of the dwelling shall be used,
whether by one home occupation or more than one.
13.03 Airport Approach Cones
A. General Restrictions. Notwithstanding the provisions of any other section(s) of these
regulations, the uses permitted in any district in the Airport Approach Cones, as shown on the
Official Zoning Map and Overlay Districts Map, shall be permitted subject to the following
limitations:
(1) No use shall be permitted which will produce electrical interference with radio
communication or radar operations at the airport.
(2) No use shall be permitted which could obstruct the aerial approaches to the airport.
(3) All uses shall comply with applicable FAA or other federal or state regulations.
(4) No lights or glare shall be permitted which could interfere with vision or cause
confusion with airport lights.
13.04 Swimming Pools
A. General Restrictions. Swimming pools may be allowed, subject to the following provisions:
(1) No pool shall be constructed in a required front yard.
(2) No pool shall be closer than ten feet as measured from water's edge to any side or rear
yard lot lines
(3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare
beyond lot line.
(4) Every in-ground swimming pool shall be completely enclosed by a wall, fence, or other
substantial structure not less than four (4) feet in height measured on the outside of the
enclosure. No openings other than doors and gates with any dimensions greater than four
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13-15
inches shall be permitted therein except that picket fences may be erected or maintained
having horizontal spacing between pickets not more than four (4) inches. All gates or door
opening through such enclosures shall be equipped with self-closing and self-latching devices
capable of remaining securely closed at all times when not in actual use; provided however,
that the door of any residence forming any part of the enclosure need not be so equipped. Any
self-latching device accessible from the outside of the pool enclosure shall be located at least
four (4) feet above the ground or otherwise equally inaccessible to small children.
(5) A natural barrier, hedge, or other protective device approved by the Administrative
Officer may be used in place of the above as long as the degree of protection afforded by the
substituted devices or structures is not less than the aforementioned protection by the
enclosure, gate and latch. All above-ground pools shall bar step access when not in use.
(6) No poolhouse or structure accessory to the pool shall be used for habitation or for
home occupation.
13.05 Outdoor Storage and Display
A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use,
and equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall
be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a
site plan, conditional use and/or PUD application.
(2) The Development Review Board may require that outdoor storage areas in connection
with commercial or industrial uses be enclosed and/or screened where the storage area may
comprise an attractive nuisance, where the proposed use of the storage areas present
opportunities for theft, or where the Board finds that said storage areas are in view of
residentially-zoned parcels.
B. Outdoor Display. Outdoor display of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions:
(1) Any outdoor display shall be appurtenant to the primary use of the property and shall
be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a
site plan, conditional use and/or PUD application that clearly indicates the location of any
outdoor display areas.
(2) Outdoor display of equipment is prohibited where such equipment is fitted with arms,
lifts, buckets, or other parts that can be elevated and where such parts are displayed in an
elevated manner. This does not include boats with masts, bridges, or canopies.
13.06 Landscaping, Screening, and Street Trees
A. Purpose. The City of South Burlington recognizes the importance of trees, vegetation, and
well-planned green spaces in bringing nature into the city and using these as a resource in
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promoting the health, safety, and welfare of city residents through improved drainage, water
supply recharge, flood control, air quality, sun control, shade, and visual relief. Landscaping and
screening shall be required for all uses subject to site plan and planned unit development review.
Street tree planting shall be required for all public streets in a subdivision or planned unit
development. In evaluating landscaping, screening, and street tree plan requirements, the
Development Review Board shall promote the retention of existing trees while encouraging the use
of recommended plant species. At its discretion, the Development Review Board may refer to any
of the following publications:
(1) Recommended Trees for Vermont Communities: A Guide to Selecting and Purchasing
Street, Park, and Landscape Trees, published by Vermont Urban and Community Forestry
Program.
(2) Planting Sustainable Landscapes – A Guide for Plan Reviewers, prepared by the Vermont
Department of Forests, Parks and Recreation and the Vermont Chapter of the American Society
of Landscape Architects – Section III.
(3) Street Tree Factsheets – edited by Henry D. Gerhold, Norman L. Lacasse and Willet N.
Wandell, published by the Municipal Tree Restoration Program with support from the USDA
Forest Service, Northeastern Area State and Private Forestry.
B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two-
family dwelling, all off-street parking areas subject to review by the Development Review Board,
shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground
covers, as approved by the Development Review Board. The Development Review Board shall
consider the adequacy of the proposed landscaping to assure the establishment of a safe,
convenient, and attractive parking area and the privacy and comfort of abutting properties.
(1) All off-street parking areas shall be landscaped around the perimeter of the lot with
trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to
allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the
parking lot from the public way and from adjacent uses and properties, and to provide shade
and canopy for the parking lot. In some situations it may be necessary both for surveillance
purposes and for the perception of safety to install the size and type of plants that leave visual
access between the parking lot to the public way or other pedestrian areas.
(2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces
and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the
interior of the parking lot shall be landscaped islands planted with trees, shrubs and other
plants.
(3) All interior and perimeter planting shall be protected by curbing unless specifically
designed as a collection and treatment area for management of stormwater runoff as per
13.06(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on
any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands
are encouraged.
(4) Landscaping Requirements
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(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road runoff or
salt spray, shall be salt-tolerant.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed
evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a
minimum of thirty (30) feet apart.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the
species should be grouped or located in a manner that reinforces the design and layout of the
parking lot and the site.
Figure 13-2, Parking Area Landscaping
From Landscape Guide for Vermont Roadways & Transportation Facilities
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13-18
Figure 13-3, Example of Acceptable Perimeter Area Landscaping
Illustration by Kathleen Ryan, ASLA
Figure 13-4, Example of Acceptable Internal and Perimeter Landscaping
Illustration by Kathleen Ryan, ASLA
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(5) Planting islands
(a) Curbed planting islands shall be designed and arranged to define major circulation
aisles, entrances and exits, provide vegetative focal points, provide shade and canopy, and
break up large expanses of asphalt pavement. All islands shall be planted with trees, shrubs,
grasses and ground covers. Plant materials judged to be inappropriate by the Development
Review Board will not be approved.
(b) Curbs of such islands shall be constructed of concrete or stone and shall be designed
to facilitate surface drainage and prevent vehicles from overlapping sidewalks and
damaging the plants.
(c) Islands may be graded and planted to serve as collection and treatment areas for
stormwater management. It is recommended that sections of drop curb no greater than
five feet in length be installed to allow stormwater to flow off the paved parking lot and
onto the island for treatment. At the DRB’s discretion, curbless parking areas and planting
islands may be allowed where these are specifically designed for stormwater management.
However, ends and corners of such areas must be protected with curbing to prevent cars
from driving over or parking on planted areas.
(6) Snow storage areas must be specified and located in an area that minimizes the
potential for erosion and contaminated runoff into any adjacent or nearby surface waters.
C. Screening or buffering. The Development Review Board will require landscaping, fencing,
land shaping and/or screening along property boundaries (lot lines) whenever it determines that a)
two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a
property’s appearance should be improved, which property is covered excessively with pavement
or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-
family use abuts a residential district or institutional use.
(1) All off-street parking areas, off-street loading areas, outdoor storage areas, refuse and
recycling areas, and utility improvements such as transformer(s), external heating and cooling
equipment shall be effectively screened.
(2) Such screening shall be a permanently maintained landscape of evergreen or a mix of
evergreen and deciduous trees and shrubs, and/or a solid fence.
(3) The landscaping shall be designed to minimize erosion and stormwater runoff, and to
protect neighboring residential properties from the view of uses and parking areas on the site.
The landscaping shall be of such type, height, and spacing, as in the judgment of the
Development Review Board, will effectively screen the activities on the lot from the view of
persons standing on adjoining properties. The plan and specifications for such planting shall be
filed with the approved plan for the use of the lot.
(4) A solid wall or fence, of location, height, and design approved by the Development
Review Board, may be substituted for the required planting.
(5) Modifications. Where the existing topography and/or landscaping provides adequate
screening or would render the normally required screening inadequate, the Development
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Review Board may modify the planting and/or buffer requirements by, respectively, decreasing
or increasing the requirements.
(6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs
and such landscaping plan shall be part of the application.
(7) Additional landscaping above and beyond the formula may be required for the purpose
of adding a buffer strip along I-89 to properly screen development from the highway.
D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and
multi-family uses, the required front yard and/or the frontage along designated arterial and
collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and
maintained in good appearance. The Development Review Board shall require the applicant to
meet the provisions of sections 13.06(F) and (G).
E. Site Restoration. Grading or seeding may be required to restore the condition of any
portion of a site that is disturbed during construction.
F. Landscaping Plan. Landscaping plans shall be prepared by a landscape architect, master
gardener, nursery professional, arborist, professional landscape designer, or other landscape
professional. Such plans shall be included with the preliminary site plan and final site plan
submissions and shall consist of the following:
(1) Preliminary site plan.
(a) A general concept of the landscaping, both in written and graphic form.
(b) A list of existing vegetation, with the location, type, and size of existing trees of six
inches or greater in caliper.
(c) A written plan to preserve and protect significant existing vegetation during and
after construction. Such plan will be of sufficient detail that the City of South Burlington will
be able to inspect the site during construction to ensure that existing vegetation is
protected as per the plan.
(d) The location of existing natural features, such as streams, wetlands, and rock
outcroppings.
(2) Final landscaping plan.
(a) All proposed physical improvements, such as buildings, walls, parking areas,
sidewalks, etc.
(b) Proposed landscaping materials, including vegetation to remain, types of new plant
materials, identified by common name and botanical name, sizes of all new plant materials
by height and/or diameter at time of planting and at maturity, quantities of each of the
planting materials, and treatment of the ground surface (paving, seeding, or groundcover).
(c) Methods for controlling erosion and protecting landscaped areas.
(d) A landscape phasing plan. Construction phasing shall be shown on the landscape
plan with landscaping and construction activities correlated.
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(3) Subdivisions and Planned Unit Developments.
(a) The Development Review Board shall require a street tree planting plan for all new
subdivisions and all future phases of subdivisions whose approvals are in effect as of the
effective date of these regulations.
(b) The proposed street trees shall be planted sixty feet on center on both sides of the
street, on average. There shall be a minimum of two street trees per lot. The street trees
shall be located so as to minimize conflicts with necessary utilities and traffic sight
distances.
(c) The applicant shall submit a landscape phasing plan with the site plan or subdivision
application.
G. Landscaping Standards.
(1) The Development Review Board shall require compliance with any Tree Ordinance or
Landscaping Design Standards enacted by the City of South Burlington, subsequent to the
effective date of these regulations.
(2) Overall, there shall be a mix of large canopy tree species within each landscaping plan.
(3) Landscaping Budget Requirements. The Development Review Board shall require
minimum planting costs for all site plans, as shown in Table 13-9 below. In evaluating
landscaping requirements, some credit may be granted for existing trees or for site
improvements other than tree planting as long as the objectives of this section are not reduced.
The costs below are cumulative; for example, a landscaping budget shall be required to show a
planned expenditure of three percent of the first $250,000 in construction or improvement cost
plus two percent of the next $250,000 in construction or improvement cost, plus one percent of
the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape
architect or professional landscape designer.
Table 13-9 Landscaping Value Requirements
Total Building Construction or Building
Improvement Cost
% of Total Construction/Improvement Cost
$0 - $250,000 3%
Next $250,000 2%
Additional over $500,000 1%
H. Enforcement, Penalties, and Appeals.
(1) Inspection. Prior to the expiration of the construction bond or other guarantee and prior
to the issuance of the certificate of occupancy, the Administrative Officer shall inspect all
landscaping and screening. He/she shall identify all trees, shrubs, and other plants that are not
in a healthy and vigorous condition or have been removed and provide a list of replacement
requirements and a deadline for re-planting to the project owner.
I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an
approved site plan shall be maintained by the property owner in a vigorous growing condition
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throughout the duration of the use. Plants not so maintained shall be replaced with new plants at
the beginning of the next immediately following growing season. Trees with a caliper of less than
5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2” caliper
each. No permit shall be required for such replacements provided they conform to the approved
site plan. Replacement of trees with a caliper of greater than 5” shall require an amendment to the
site plan.
13.07 Exterior Lighting
A. General Requirements. All exterior lighting for all uses in all districts except for one-family
and two-family uses shall be of such a type and location and shall have such shielding as will direct
the light downward and will prevent the source of light from being visible from any adjacent
residential property or street. Light fixtures that are generally acceptable are illustrated in
Appendix D. “Source of light” shall be deemed to include any transparent or translucent lighting
that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly
distributed. Where feasible, energy efficient lighting is encouraged.
B. Specific Requirements for Parking Areas. Light sources shall comply with the following:
(1) The number and spacing of required light pole standards in a parking area or lot shall be
determined based on the type of fixture, height of pole, number of fixtures on the pole, and the
desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting
shall be considered evenly distributed if the light fixtures are placed at intervals that equal four
times the mounting height.
(2) Pole placement, mounting height, and fixture design shall serve to minimize lighting
from becoming a nuisance. All light sources shall be arranged so as to reflect away from
adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from
becoming a hazard or a nuisance, or having a negative impact on site users, adjacent
properties, or the traveling public. Excessive spillover of light to nearby properties shall be
avoided. Glare shall be minimized to drivers on adjacent streets.
(3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural
material, with a decorative surface or finish.
(4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize
underground wiring.
(5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize
underground wiring.
(6) Light sources on structures shall not exceed thirty (30) feet, or the height of the
structure, whichever is less. Exterior lighting for parking garages and structures shall be
mounted no higher that the roof of the structure.
(7) Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be
erected along the outside of roadway and ramp curves or where vehicles must make sharp
turns. Poles should not be located where they might be susceptible to collision strikes. Poles
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located behind longitudinal traffic barriers should be offset sufficiently to allow for barrier
deflection under impact.
(8) Pole location in parking lots: Pole locations shall be coordinated with stall and aisle
layouts. Where practical, poles should be near the end of parking rows or around the perimeter
of the lot. When located at parking stall boundaries, light poles should be mounted on concrete
pedestals. Where raised medians or islands are used to separate adjacent stalls, light poles
should be placed in these areas unless pedestrian traffic will be inconvenienced. Where light
poles are placed between parking rows in the interior of the lot, the poles should be located on
the center line of double rows of parking stalls and on the center line of two opposing stalls and
should not be placed on the stall line between cars where fender damage might occur.
C. Stadium Lighting in the Municipal District (MU). Notwithstanding any other provisions of
these Regulations, the DRB may approve as a conditional use the installation of lighting structures
not exceeding eighty feet (80’) in height that are used exclusively to illuminate recreation fields in
the Municipal District during the conduct of co-curricular competitions, practices and events that
are conducted, sponsored and supervised directly by the South Burlington School District which
involve participation by students enrolled in the South Burlington School District, subject to the
following conditions:
(1) A photometric plan prepared by an engineer or professional lighting designer shall be
submitted which indicates pole locations and light levels on the property, with maximum light
levels, average light levels, and light levels at all property boundaries clearly indicated.
(2) There shall be no light trespass from the stadium lighting onto any residentially zoned
property.
(3) Lighting shall be designed and shielded so as to avoid “hot spots” or other
concentrations of high light levels.
(4) Cut sheets shall be submitted indicating fixture and bulb types, heights, lighting angles,
pole materials, shielding and other pertinent information sufficient for technical review by a
qualified lighting consultant.
(5) The DRB shall have the authority to seek an independent technical review by a qualified
lighting consultant of any such proposal.
(6) No stadium lighting may be illuminated after 11:00 PM.
13.08 Specific Requirements for Nighttime Illumination of Governmental Flags.
A. The City encourages those who fly the Flag of the United States to observe the custom
prescribed in the United States Flag Code of displaying the flag from sunrise to sunset. However, if
governmental flags are to be flown at night and are to be illuminated, the regulations in this
Section apply.
(1) Application. An applicant for nighttime illumination shall submit to the Administrative
Officer an Application for Zoning Permit along with a Lighting Design Plan as described in (i)
below.
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(2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags shall not
be flown on a pole with an illuminated governmental flag. No more than three (3)
governmental flags may be flown on the same pole.
(3) Dimensional Requirements. A governmental flag to be illuminated may not exceed sixty
(60) square feet in size. Flagpoles may not exceed thirty-five (35) feet in height.
(4) Lighting Fixtures. A flag shall be illuminated by no more than two (2) fixtures per pole.
There shall be no more than two (2) fixtures per property used to illuminate flags, irrespective
of the number of flagpoles installed on a property. Only narrow beam spotlights with glare
controls (such as but not limited to louvers, grids, full hoods, or "barn door" baffles) may be
used. The fifty percent (50%) beam spread of the fixture(s) used shall correspond to the area of
the flag(s) to be illuminated. Fixtures may be mounted at grade, on the flagpole to be
illuminated, or on stanchions no more than twenty-four (24) inches above grade. Ground- or
stanchion-mounted fixtures shall be located no more than fifteen (15) feet from the base of the
flagpole. Wall-mounted fixtures located on adjacent buildings are prohibited.
(5) Illumination Level. An application may be based, at the applicant's discretion, on either
the maximum total light level on the flag, measured in initial foot-candles and determined by
the geometric relationship of the flag to the proposed lighting fixture or fixtures; or the total
lumen power of each lamp used to illuminate the flag. Manufacturers' data for lamps and
fixtures and the Lighting Plan submitted by the applicant must provide sufficient information to
make a determination on one of the applicable criteria. Maximum total illumination levels shall
not exceed the following standards:
(a) Maximum light level on the flag on properties having a principal lot frontage on
Williston Road, Shelburne Road, or Dorset Street between Williston Road and Kennedy
Drive, and properties in the Commercial 1, Commercial 2, Municipal, Mixed Industrial
Commercial, and Industrial Open Space Districts with frontage on Interstate Highway
89 or Interstate Highway 189: one hundred (100) initial foot-candles.
(b) Maximum light level on the flag, all other lots: fifty (50) initial foot-candles.
(c) Total initial lumen power of each lamp used to illuminate the flag on properties
having a principal lot frontage on Williston Road, Shelburne Road, or Dorset Street between
Williston Road and Kennedy Drive, and properties in the Commercial 1, Commercial 2,
Municipal, Mixed Industrial Commercial, and Industrial Open Space Districts with frontage
on Interstate Highway 89 or Interstate Highway 189: 36,000 initial lumens.
(d) Total initial lumen power of each lamp used to illuminate the flag, all other lots:
15,000 initial lumens.
(6) Setbacks from Residential Properties. Any flagpole to be illuminated per the provisions
of this section shall be located a minimum of one hundred (100) feet from all property lines of
any adjacent parcel zoned Residential 1, Residential 2, Residential 4, Residential 7, Residential
12, Residential 7 with C- 1, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant
District.
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(7) Lamp Type. Lamps used shall be metal halide or another type having a Color Rendering
Index (CRI) over sixty-five (65).
(8) Glare Control. Fixtures shall be aimed directly at the flag(s) to be illuminated. No portion
of the lamp(s) or reflective surfaces on the fixture(s) shall be visible from a roadway or from
adjoining properties.
(9) Lighting Design Plan. An applicant shall submit a Lighting Design Plan with the following
information:
(a) The location of property boundaries, nearby roadways, the flagpole to be
illuminated, and the lighting fixtures to be used.
(b) The proposed mounting type, location(s) and dimensions (ground, flagpole or
stanchion).
(c) A statement of the illumination level measurement to be used (initial foot-candles at
the flag or lumen power of the lamps) and a diagram sufficient to determine lighting levels
at the flag if initial foot-candles are the measurement to be used to determine compliance.
(d) An illustration of the area that will be illuminated by the proposed fixtures.
(e) The manufacturer's specifications for the lighting fixture(s) to be used, including
lamp type, beam spread, Color Rendering Index, wattage, and glare controls.
13.09 Bus Shelters
A. General Requirements. The Development Review Board may utilize site plan review to
regulate the location and design of bus shelters.
B. Specific Requirements. Such shelters may be constructed adjacent to or within street
rights-of-way in any zoning district after approval of a site plan by the Development Review Board.
The shelter shall be located to permit ample room for the bus to conveniently leave the traveled
roadway to pick up or discharge passengers. The design shall be harmonious with adjacent
properties. Such structure shall not have more than one (1) sign, such sign not exceeding two (2)
square feet in area.
13.10 Solar Radiation
A. General Requirements. The Development Review Board may regulate the height and
setbacks of any structure, wall, fence, or shrubbery on any lot so as to protect the access of any
abutting properties to solar radiation. Access to solar radiation shall be defined as full exposure to
the sun along the entire south wall of a principal structure with no obstructions between the base
of the wall and a twenty-four degree (24o) angle above horizontal.
13.11 Numbering Systems for Multi-Family Development
A. General Requirements. All multi-family developments shall contain appropriate directional
signs and numbering systems at major entrances. Signs shall be in conformance with the City of
South Burlington Sign Ordinance and State of Vermont E-911 procedures.
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13.12 Group Homes
A. General Requirements. Title 24 Vermont Statutes Annotated, Section 4412(G) provides that
"A residential care home or group home to be operated under state licensing or registration,
serving not more than eight persons who have a handicap or disability as defined in 9 VSA Section
4501, shall be considered by right to constitute a permitted single-family residential use of property
except that no such home shall be so considered if it locates within 1,000 feet of another existing
or permitted such home.”
B. Specific Requirements.
(1) Proposed group homes that are located more than 1,000 linear feet in any direction of
another existing or permitted group home, and which serve more than eight (8) persons are
permitted uses, subject to the supplemental review standards in Section 14.11 (B).
(2) Any group home proposed to be located within 1,000 linear feet in any direction of
another existing or permitted group home shall be reviewed by the DRB as a conditional use.
See Article 14, Site Plan and Conditional Use Review.
13.13 Family Child Care Home or Facility (Day Care Facility)
A. A registered family child care home serving six or fewer children shall be considered to
constitute a permitted single-family residential use of property and shall be subject to the
applicable requirements for such uses in each district.
B. A registered family child care home serving no more than six full-time children and four
part-time children, as defined in subdivision 33 V.S.A. §4902(3)(A) and these regulations, shall be
considered to constitute a permitted use of property in all districts provided that:
(1) Prior to establishing the registered child care home, approvals are received from the
State of Vermont;
(2) The location of the drop-off and pick-up area does not pose an undue risk to the safety
of traffic or of the drop-off or pick-up operations. The Administrative Officer may seek a
recommendation from the Director of Public Works where safety is in question.
C. A licensed family child care home shall be considered to constitute a permitted use of
property in all districts provided that:
(1) Prior to establishing the licensed child care home, approvals are received from the State
of Vermont;
(2) There is sufficient space for the drop-off and pick-up of children on or in front of the
property;
(3) The location of the drop-off and pick-up area does not pose an undue risk to the safety
of traffic or of the drop-off or pick-up operations. The Administrative Officer may seek a
recommendation from the Director of Public Works where safety is in question.
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D. A licensed non-residential child care facility shall be permitted in accordance Table C-1,
Table of Uses, and shall be shall be subject to the requirements of Article 14, Site Plan Review and
Table C-2, Dimensional Standards Applicable in All Districts.
13.14 Affordable Housing (Below Market Rate Housing)
A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing
and quality affordable housing to attract and retain a qualified work force. The following provisions
are established to enable the City of South Burlington to ensure a supply of standard housing
available at below-market rate purchase prices or rentals. In this way, a choice of housing
opportunities for a variety of income groups within the City can be created in accordance with the
comprehensive plan and these Regulations.
B. Definitions.
(1) Affordable housing or affordable dwelling units shall mean either of the following:
(a) Housing that is owned by its inhabitants, whose gross annual household income
does not exceed eighty percent (80%) of the county median income, as defined by the
United States Department of Housing and Urban Development, and the total annual cost of
the housing, including principal, interest, taxes and insurance, is not more than thirty
percent (30%) of the household’s gross annual income.
(b) Housing that is rented by its inhabitants, whose gross annual household income
does not exceed sixty-five percent (65%) of the county median income, as defined by the
United States Department of Housing and Urban Development, and the total annual cost of
the housing, including rent, utilities, and condominium association fees, is not more than
thirty percent (30%) of the household’s gross annual income.
(2) Affordable Housing Development means a housing development of which at least fifty
percent (50%) of the units are affordable dwelling units.
(3) Mixed Rate Housing Development means a housing development that has both market
rate and below market rate dwelling units.
(4) Below market rate households means households whose aggregate income does not
exceed eighty percent (80%) of the county median income, as defined by the United States
Department of Housing and Urban Development in the case of for-purchase housing, or does
not exceed sixty-five percent (65%) of the county median income, as defined by the United
States Department of Housing and Urban Development in the case of rental housing.
C. Density Increase. On a case by case basis and as part of the Planned Unit Development
application, the Development Review Board may grant an increase in residential density over base
zoning density, in order to create below market rate housing. The density increases shall be
approved on the following criteria and standards:
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(1) Affordable Housing Development. The Development Review Board may grant a density
increase of no more than fifty percent (50%) in the total number of allowed dwelling units for
an Affordable Housing Development. The total of below market rate units shall be be at least
half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven
number, the total of below market rate units shall be calculated as at least the total proposed
dwelling units, less one (1), divided by two. Such application shall be subject to Article 15,
Planned Unit Development and Article 14, Site Plan and Conditional Use Review.
(2) Mixed Rate Housing Development. The Development Review Board may grant a density
increase of no more than twenty-five percent (25%) in the total number of allowed dwelling
units for a Mixed Rate Housing Development. For each additional market-rate dwelling unit
produced as a result of the density increase, one (1) comparable below market rate unit must
be provided. Such application shall be subject to Article 15, Planned Unit Development and
Article 14, Site Plan and Conditional Use Review.
Table 13-9 Example of Affordable Housing Bonus Calculation
Affordable Project: Mixed-Rate Project:
50% of Total Units Affordable 25% of Bonus Units Affordable
Acres 8.35 8.35
Base Density 12 12
Base Units 100.2* 100.2*
Bonus Units 50 25
Total Units 150 125
Net Density 17.98 14.99
Affordable Units 74 13
Market Rate Units 74 112
*Partial units always round DOWN to the lower whole number of units
D. Criteria for Awarding Density Increase. In addition to the standards found in Article 15,
Planned Unit Development and Article 14, Site Plan and Conditional Use Review, the following
standards shall guide the Development Review Board:
(1) The density upon which a bonus may be based shall be the total acreage of the property
in question multiplied by the maximum residential density per acre for the applicable zoning
district or districts.
(2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section
13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable
residential density with or without such a density increase shall be four (4) dwelling units per
acre.
(3) Development Standards.
(a) Distribution. The affordable housing units shall be physically integrated into the
design of the development in a manner satisfactory to the Development Review Board and
shall be distributed among the housing types in the proposed housing development in the
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same proportion as all other units in the development, unless a different proportion is
approved by the Development Review Board as being better related to the housing needs,
current or projected, of the City of South Burlington.
(b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall
not be less than comparable market-rate units in the housing development.
(c) Plan for Continued Affordability. Affordable housing units shall be available for sale,
resale or continuing rental only to qualified below market rate households. The plan shall
include a mechanism acceptable to the City Attorney for controlling resale and re-tenanting
the individual affordable housing units that ensures that the unit will remain affordable in
perpetuity. The City of South Burlington may as needed set a cap on resale prices such that
the resale price must not exceed an appreciation on equity of a set percentage.
(4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide
qualified non-profit organization shall be responsible for the on-going administration of the
affordable housing units as well as for the promulgation of such rules and regulations as may be
necessary to implement this program. The Housing Authority or non-profit organization will
determine and implement eligibility priorities, continuing eligibility standards and enforcement,
and rental and sales procedures.
E. Housing Types. The dwelling units may at the discretion of the Development Review Board
be of varied types including one-family, two-family, or multi-family construction, and studio, one-
bedroom, two-bedroom, and three-bedroom apartment construction.
13.15 Connections across a Lot
A. General Requirements. If structures on two (2) adjacent lots are owned and occupied by a
single corporate entity or occupied (but not owned) by a single corporate entity or occupied by two
(2) corporate entities between which long term contractual relations have been established which
call for frequent movement of goods or people between the buildings, then the Development
Review Board may approve construction of a connection between the buildings, even though the
connection violates normal setbacks required elsewhere in these regulations, provided:
(1) The connection is no larger than fifteen (15) feet in width.
(2) The connector shall be subject to site plan review, and the application shall be signed by
all involved property owners.
(3) Fire doors shall be installed at both ends of the connection.
(4) The connection in conjunction with other buildings and connections in the area will not
obstruct emergency access.
(5) The connection is designed to be architecturally integral to the design of both
connected buildings.
(6) The connection shall be securely locked at both ends and exit signs removed or disabled
if the occupancy conditions set forth above are not met or if the owner(s) of the buildings
determine that the connection is not to be used.
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(7) The connections shall be removed if the connector is not used and the occupancy
requirements set forth above are not met for twelve months.
(8) In the event of item (7) above, the Administrative Officer may grant six-month
extensions if there is a reasonable expectation that the connector will be placed back in service
within that time period.
13.16 Earth Products
A. General Requirements. The conduct of a resource extraction operation that involves the
removal of loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in
connection with the construction of a building on the same lot, shall be permitted in any district,
except as limited by the Surface Water Protection Standards and Interstate Highway Overlay
District, subject to site plan approval by the Development Review Board after public notice.
B. Site Plan Requirements. An application for the removal of more than twenty (20) cubic
yards within one (1) calendar year period shall include the submittal of a site plan showing the area
from which earth products are to be removed. Also, the application shall include specific
information pertaining to the following factors and such other information as the Development
Review Board may require. At minimum, the following information shall be required:
(1) Depth of excavation, in proximity to roads or adjacent properties.
(2) Existing grade and proposed grade created by removal of material.
(3) Effect upon public health and safety.
(4) Creation of a nuisance.
(5) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
(6) Effect upon traffic hazards in residential areas or excessive congestion or physical
damage on public ways.
(7) Erosion potential due to removal of vegetative cover.
C. Conditions of Approval. The Development Review Board, in granting its approval, may
impose conditions on the following:
(1) Duration of the permit for any length of time that the Development Review Board
deems appropriate.
(2) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of
the operations, including grading, seeding and planting, fencing, drainage, and other
appropriate measures.
(3) Hours of operation, routes of transportation, and amount of material to be removed.
(4) Provision of a suitable bond or other security in accordance with Section 15.15 adequate
to assure compliance with the provisions of these Regulations.
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D. Removal of Earth Products within Flood Plain District. Within the Flood Plain District,
excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table or will interfere with the natural flow patterns or
reduce the flood storage capacity.
E. Exemption. The provisions of this section shall not apply to the removal of earth products
from an operating farm, nursery, or cemetery to the extent that such removal is necessary to the
operation of same. An official exemption shall be obtained from the Administrative Officer, who
will determine if Development Review Board approval is or is not required.
13.17 Fences
A. General Requirements. In this section, fence and wall shall be interchangeable terms.
B. Specific Requirements. All fences are subject to the following provisions:
(1) A fence shall be erected within the boundaries of the applicant’s property and shall be
placed wholly within but not on the property boundaries.
(2) A fence shall be erected so that its smooth or finished side faces an abutting property or
roadway. All fence posts shall be placed on the inside of the fence, except for a fence to contain
livestock.
(3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or
pedestrian traffic. If determined necessary by the Administrative Officer, the placement of
fences near the corner of a property at the intersection of two roads shall provide for a clear
vision area defined as a triangular area formed by the right-of-way lines at points which are
thirty (30) feet distant from the intersection of the right-of-way lines and measured along such
lines.
(4) A fence over four (4) feet in height shall require a zoning permit from the Administrative
Officer.
(5) A fence over eight (8) feet in height shall require approval by the Development Review
Board as a conditional use subject to the provisions of Article 14, Conditional Use Review.
(6) A fence over eight (8) feet in height shall be considered a structure subject to normal
setback requirements for the zoning district, unless otherwise approved by the Development
Review Board as a conditional use subject to the provisions of Article 14, Conditional Use
Review.
(7) In the Queen City Park, R1-Lakeview, and Lakeshore Neighborhood Districts, a fence
over four (4) feet in height shall require a zoning permit from the Administrative Officer and
shall be subject to the following supplemental requirements:
(a) No such fence shall exceed six (6) feet in height; and,
(b) The fence shall have a maximum opacity of 50% on all sides.
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(8) No fence shall be erected in such a manner as to inhibit or divert the natural drainage
flow or cause the blockage or damming of surface water.
(9) No fence shall be erected that may create a fire hazard or other dangerous condition or
that may result in obstruction to fire fighting.
(10) Fences shall be maintained in a safe and substantial condition.
(11) No fence shall be located or constructed on a terrace or wall that will have an overall
height of more than that permitted, unless otherwise approved by the Development Review
Board as a conditional use subject to the provisions of Article 14, Conditional Use Review.
C. Prohibited Fences and Materials. The following fences and fencing materials are specifically
prohibited:
(1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically
permitted.
(2) Pointed metal fences.
(3) Canvas and/or cloth fences, except when used to protect shrubs and vegetation.
(4) Poultry and/or turkey wire fences within minimum front, side and rear yards.
(5) Temporary fences, unless for snow control. Snow control fences shall be allowed from
November 1 through to the following May 1.
(6) Expandable fences and collapsible fences, except during construction of a building.
(7) Chain link fences erected with the open loop at the top of the fence.
D. Exemption. All existing fences that do not conform to the provisions of these regulations
may be continued as they presently exist, except that these fences shall not be altered, extended,
replaced or modified except in accordance with these regulations.
13.18 Utility Cabinets and Similar Structures
A. General Requirements. In any district, the Development Review Board may grant site plan
approval for the construction of a utility cabinet, according to the following regulations.
B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately adjacent
communities.
(2) The minimum required lot for a public utility cabinet, substation, or communication
relay station may be reduced from the zoning district requirements, at the discretion of the
Development Review Board. In the event that the facility shall be erected on property not
owned by the utility, the Development Review Board shall require that the facility be located
unobtrusively.
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(3) If the parcel containing the facility is landlocked, there shall be a recorded easement or
permission granting access to the utility or owner of the facility.
(4) There shall be sufficient landscaping with evergreens of sufficient height and density to
screen effectively the facility from surrounding property. Landscaping may allow for the use of
any doors so long as the door-side of the units are visible from an existing or planned public
street.
(5) There shall be adequate off-street parking for maintenance, service, or other vehicles.
(6) The location of the facility shall be shown on all relevant site plans.
(7) The Development Review Board may attach conditions in order to prevent any hazard to
the public or noise nuisance to surrounding property. Utility cabinets shall be located a
minimum of five (5) feet from all existing or planned public roads or rights-of-way.
(8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat,
odor, noise, or vibration shall not be permitted in any district.
13.19 Signs
A. General Requirements. No signs shall be erected or maintained except in conformance with
the Sign Ordinance of the City of South Burlington.
13.20 Subsurface Sewage Disposal Systems.
A. General Requirements. No building or structure shall be erected or altered unless an
adequate sewage disposal system is provided in compliance with all applicable regulations of the
City of South Burlington Sewer Ordinance and the Vermont Agency of Natural Resources.
13.21 Satellite Dishes
A. General Requirements. Satellite dishes over three (3) feet in diameter shall not be located
within the area between the street line and the building (the actual front yard). Satellite dishes
shall be suitably screened or landscaped. Satellite dishes shall not be placed in the side or rear yard
setbacks.
13.22 Seasonal Mobile Food Units
Seasonal mobile food units shall be subject to site plan review and the following requirements:
A. A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer
License from the Vermont Department of Health.
B. A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen
(16) people. Temporary outdoor seating shall be placed directly on the ground with no
foundation or underlying structure.
C. A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00
pm and 7:00 am.
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D. A seasonal mobile food unit, and any associated seating and accessory items such as
dumpsters, shall be removed from the property at the expiry of its permit under these
regulations.
E. A seasonal mobile food unit shall be exempt from landscaping requirements under these
regulations.
F. Prior to approval of a zoning permit or renewal, a written recommendation shall be sought
from the South Burlington Police Department, South Burlington Fire Department, and South
Burlington Department of Public Works. Said permit or renewal may be denied, if vehicular
access to the property is likely to, or has, created unsafe vehicular or pedestrian traffic
conditions adjacent to the property.
G. A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7)
months, from April 1 to October 31, after which time it expires.
H. A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at
the request of the applicant. The administrative officer shall approve the renewal upon
finding that all aspects of the permit and these regulations have been met to date and in
the previous year’s operation of the seasonal mobile food unit. No such renewal shall be
issued if no zoning permit was issued in the previous calendar year.
I. Any modifications to an approved site plan shall require an amendment as required by
these Regulations.
J. A seasonal mobile food unit shall be exempt from Section 10.02, Traffic Overlay District, of
these regulations.
13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares,
and veterinary hospitals
A. Specific Standards:
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the
boundary of a residential district or existing residential use, the required side or rear setback for
the outdoor exercise facilities shall be sixty-five (65) feet from the residential or residentially-
zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback
shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New
external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area.
13.24 Self Storage in the Mixed Commercial-Industrial (CI) District
A. General Requirements. In the Commercial-Industrial District, the Development Review
Board may grant site plan approval for a self-storage facility, according to the following
regulations.
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B. Specific Standards:
(1) The facility shall be clearly secondary to a permitted principal use in this district
(2) The facility shall not occupy more than 20% of the gross floor area of the principal use
(3) The facility shall only be accessible through an interior entrance
(4) Access to storage units shall only be available during business hours, with an employee
on site.
13.25 Retaining Walls
A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall.
B. Specific Requirements. All retaining walls shall be subject to the following requirements:
(1) All retaining walls shall require a zoning permit from the Administrative Officer.
(2) A retaining wall shall be erected within the boundaries of the applicant’s property and
shall be set back at least five (5) feet from all property boundaries.
(3) No part of any retaining wall shall be placed in such manner as to visually obstruct
vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the
placement of retaining walls near the corner of a property at the intersection of two roads shall
provide for a clear vision area defined as a triangular area formed by the right-of-way lines at
points which are thirty (30) feet distant from the intersection of the right-of-way lines and
measured along such lines.
(4) A retaining wall over eight (8) feet in height shall require approval by the Development
Review Board as a conditional use subject to the provisions of Article 14, Conditional Use
Review, and shall include a demonstration by a certified engineer that the retaining wall is
structurally sound to serve its intended purpose.
(5) Retaining walls shall be maintained in a safe and substantial condition.
13.26 Auto & Motorcycle Sales, Limited
A. General Requirements: An auto & motorcycle service and repair business may be granted
approval from the Development Review Board to display up to five (5) automobiles and/or
motorcycles (combined) at one time for sale to the public, in accordance with the following
requirements:
B. Specific Requirements:
(1) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to
exceed five (5) total; and,
(2) No vehicles for sale may be parked in any other location on the property.
ARTICLE 14 SITE PLAN and CONDITIONAL USE REVIEW
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14-1
14 SITE PLAN and CONDITIONAL USE REVIEW
14.01 General Purpose
14.02 Definition of Site Plan
14.03 Uses and Actions Subject to Site Plan Approval
14.04 Approval of Site Plans by Development Review Board
14.05 Application, Review, and Approval Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 Integration of Procedures
14.09 Administrative Review
14.10 Conditional Use Review: General Provisions and Standards
14.11 Conditional Use Review: Specific Uses and Standards
14.01 General Purpose
It is the purpose of this Article to regulate site development plans in order that adequate light, air,
convenience of access, and safety from fire, flood, and other danger may be secured; that
congestion in the public streets may be lessened or avoided; that the public health, safety, comfort,
morals, convenience, and general public welfare may be promoted; and that the preservation of
historic landmarks, sites, districts, and buildings be promoted. The site plan review process and the
conditional use review process will allow the City of South Burlington to review the arrangement,
layout, use interrelationships and neighborhood impacts of sites intended for development or
redevelopment and to ensure the aesthetic quality of such design to conform to the character of
the neighborhood and the goals of the comprehensive plan. In reviewing site plans and conditional
uses, appropriate conditions and safeguards may be imposed with respect to the adequacy of
pedestrian and vehicular access, circulation, parking, landscaping and screening, and to protecting
the utilization of renewable energy resources.
14.02 Definition of Site Plan
As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to
specifications contained in this article. The site plan shall show the arrangement, layout, and design
of the proposed use of a single parcel or assembled parcels of land.
14.03 Uses and Actions Subject to Site Plan Approval
A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a
zoning permit in all districts, except as provided in subsection B, for:
(1) Any new use, change in use, or expansion of use in any district.
(2) Uses subject to conditional use permit approval. See Section 14.10 below.
(3) Any alteration or change to an approved site plan.
(4) New parking lots or expansions of existing parking lots.
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(5) Any structure formerly used as a residence proposed for conversion to non-residential
use.
(6) Any planned unit development. See Article 15, Planned Unit Development, for specific
regulations.
(7) Landscape feature signs not reviewed as part of a PUD, as set forth in the South
Burlington Sign Ordinance.
B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are:
(1) One-family dwelling on a single lot, its accessory structures, and related features such as
decks, pools, sheds, and detached garages.
(2) Two-family dwelling on a single lot, its accessory structures, and related features such as
decks, pools, sheds, and detached garages.
(3) Agricultural and horticultural uses.
(4) Forestry uses.
(5) Renovations that are one hundred percent (100%) internal to an existing building or
structure.
(6) Exterior renovations to an existing building or structure that do not increase, alter or
otherwise modify the outer envelope of said building or structure, except in design review
overlay districts (see Article 11).
(7) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks.
(8) Repairs to existing swimming pools.
(9) Fences and walls as provided in these Land Development Regulations.
(10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part
of a planting plan for site plan approval. Removal of any trees of caliper greater than 5” shall
require site plan approval. See also Section 13.06 (I) for maintenance and responsibility for
landscaping improvements.
14.04 Approval of Site Plans by Development Review Board
A. Authority. The Development Review Board shall have the authority to review and approve,
approve with modifications, or disapprove site plans prepared to the specifications set forth in this
Article, except as provided for administrative site plan reviews.
B. Review Period. Where site plan review by the Development Review Board or Administrative
Officer is required, the Development Review Board or the Administrative Officer shall act to
approve or disapprove any such site plans within the time required by applicable state law. Failure
to so act within said period shall be deemed approval. Copies of the Development Review Board or
Administrative Officer’s decision, along with findings of fact, shall be sent to the applicant.
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C. Combined Decision for Conditional Uses. Where a conditional use permit is required, the
Development Review Board shall make the determination on the conditional use permit and on the
site plan permit required for the conditional use and shall issue one (1) set of findings of fact
pertaining to both.
14.05 Application, Review, and Approval Procedure
A. Pre-Submission (Sketch Plan). Prior to a formal submission, the applicant should meet in
person with the Administrative Officer and other City officials as desired to discuss the proposed
site plan. The intent of such a conference is to enable the applicant to inform the Department of
Planning and Zoning of the proposal prior to the preparation of a detailed site plan and for said
Department to review the basic site design concept, advise the applicant as to potential problems
and concerns, and to determine generally the type of information to be shown on and submitted
with the site plan.
B. Submission. A site plan generally shall be prepared by a registered architect, licensed
landscape architect, licensed land surveyor, licensed engineer, or professional land planner. The
site plan shall be submitted to the Development Review Board for approval.
C. [Reserved].
D. Application for Site Plan. A site plan application and five (5) sets of plans, including one
copy reduced to 11" by 17" and one copy in digital form, each drawn to scale, shall include the
following information for the Administrative Officer to deem the application complete and ready to
send to the Development Review Board for its review:
(1) Legal data:
(a) A list of the owners of record of abutting properties, which may be generated by the
Department of Planning and Zoning or by the applicant.
(b) Boundaries of existing zoning and special districts on the subject property and
adjacent zoning and special district boundaries.
(c) Area and boundaries of the property, building or setback lines as required in this
chapter, and lines of existing streets and adjoining lots, as shown on a survey.
(d) Streams, drainage ways, and associated stream buffer areas as set forth in Article 12.
(e) Reservations, easements and areas dedicated to public use, if known, shall be
shown.
(f) Lot dimensions and survey data, and section and lot numbers of the subject
property.
(2) General project description:
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(a) The title of the development, date, North arrow, scale, name and address of the
owner of record and of the applicant, if other than the owner, and of the engineer,
architect, landscape architect or surveyor preparing the plan shall be shown on a
preliminary site plan map. Where the applicant or owner is a corporation, the Development
Review Board may require the names and addresses of all officers, directors and principal
stockholders of said corporation. The preferred scale shall be not less than one (1) inch
equals thirty (30) feet.
(b) Such map shall show the applicant’s entire property, adjacent properties, streets
within two hundred (200) feet of the site, approximate location and dimensions of all
existing structures, and location of all existing structures on adjacent properties and within
one hundred (100) feet of the site boundary. At the discretion of the Administrative Officer
or Development Review Board, the required area of the site plan may be increased.
(c) Such map shall show proposed structures, access points, and general internal
circulation.
(d) Existing and proposed contours at a maximum vertical interval of two (2) feet.
(3) Existing conditions:
(a) Location of existing structures on the site, and showing all site conditions to remain.
(b) Location of watercourses, waterbodies, wetlands, floodplains, and floodplain
boundaries as determined by the Federal Emergency Management Agency or as mapped by
the City of South Burlington, watercourses, wetlands, rock outcrops, wooded areas, existing
vegetation, and other significant natural features on the site.
(c) Topographic contours and profiles as needed.
(d) Existing structures and access points on adjacent properties, including those directly
across a public street.
(4) Development data:
(a) All means of vehicular access and egress to and from the site onto public streets,
and all provisions for pedestrian access and circulation.
(b) One set of preliminary plans, elevations, floor plans, and sections of proposed
structures showing the proposed location, use, design and height of all structures, roads,
parking areas, access points, sidewalks and other walkways, loading docks, outdoor storage
areas, sewage disposal areas, landscaping, screening, site grading, and recreation areas if
required. Plans shall also show any proposed division of buildings into units of separate
occupancy and location of drives and access thereto.
(c) The location and layout of any off-street parking or loading areas, traffic circulation
areas, pedestrian walkways, and fire lanes.
(d) Analysis of traffic impacts, if required by the traffic overlay district and/or the DRB.
(e) Lot area in square feet and acres, and lot coverage calculations including building,
overall, and front yard coverage.
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(f) The location of all proposed waterlines, valves and hydrants and sewer lines or of
alternative means of water supply and sewage disposal and treatment.
(g) Cut sheets for all proposed outdoor lighting within the site
(h) Preliminary grading, drainage, landscaping and buffering plan in accordance with
Article 13, Supplemental Regulations.
(i) The extent and amount of cut and fill for all disturbed areas, including before-and-
after profiles and cross sections of typical development areas, parking lots and roads, and
including an erosion and sedimentation control plan, and proposed locations of sediment
sink/setting pond and interceptor swales.
(j) Proposed stormwater management system, including (as applicable) location,
supporting design data and copies of computations used as a basis for the design capacities
and performance of stormwater management facilities.
(k) Detailed specifications and locations of planting, landscaping, screening, and/or
buffering materials.
(l) The location of all existing and proposed site improvements, including drains,
culverts, retaining walls and fences.
(m) The location of any outdoor storage for equipment and materials if any, and the
location, type and design of all solid waste-related facilities, including dumpsters and
recycling bins.
(n) Location and design of all energy distribution facilities, including electrical, gas, and
solar energy.
(o) Lines and dimensions of all property that is offered, or to be offered, for dedication
for public use, with purpose indicated thereon, and of all property that is proposed to be
served by deed covenant for the common use of the property owners of the development.
(p) Estimated project construction schedule, phasing, and date of completion.
(q) Estimated cost of all site improvements.
(r) Estimated daily and peak hour traffic generation, and an estimate of traffic
generation during the peak hour of the adjacent street traffic.
(s) Finished grades of walls, pavements, and storm drains.
(t) Detailed plans of retaining walls, steps, ramps, paving, and drainage structures.
(u) Estimate of all earthwork, including the quantity of any material to be imported to
or removed from the site or a statement that no material is to be removed or imported.
(v) Location and dimensions of all proposed water supply, sanitary sewerage,
stormwater system, and other utility lines and equipment, including connections to existing
facilities.
(w) Detailed landscaping plan, including type, size, and location of all materials used and
plans for buffer screening and fencing in conformance with Article 13, Section 13.06,
Landscaping, Screening, and Street Trees.
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(x) Locations, types, and cut sheets for all exterior lighting.
(5) Other: Any other information or data that the Administrative Officer or Development
Review Board shall require for a full assessment of the project pursuant to this article.
F. Development Review Board Action.
(1) The Development Review Board shall review the site plan application. The DRB shall
review the application against the site plan criteria in this Article 14 and any other applicable
standards in these Regulations. If the DRB determines that the site plan and supporting
material fail to demonstrate compliance with applicable standards, it shall deny the site plan.
However, if it further determines that with a minor modification or modifications the site plan
and supporting material would comply with applicable standards, the DRB may, in its discretion,
impose a condition or conditions requiring such modification or modifications and approve the
site plan. For the purpose of this section, a minor modification is one that leaves no part of its
implementation to the discretion of the applicant.
(2) Upon approval, the applicant shall provide three (3) full-sized copies and one (1) copy
reduced to 11" by 17" of the approved plan to the Department of Planning and Zoning. A copy
of the Development Review Board's decision and findings of fact, shall be sent to the applicant
and recorded in the City Clerk's office. Three (3) record copies of the plans shall be retained in
the Department of Planning and Zoning.
G. Waiver of Application Requirements. The Development Review Board shall have the
authority to, when reasonable, waive any application requirements for site plan approval. Any such
waiver may be exercised in the event any such requirements are 1) found not to be requisite in the
interest of public health, safety, or general welfare or 2) inappropriate to a particular site plan
because of the particular character or limited nature of a new development or change in use or
conditions peculiar to a site or 3) will cause extraordinary and unnecessary hardship.
H. Expiration of Approval. Development Review Board approval of a site plan shall expire if
any of the following circumstances occurs:
(1) A complete application for either a zoning permit or certificate of occupancy is not
submitted within six (6) months of the Development Review Board approval, except where the
phasing of development over a longer period has been specifically provided for in the findings
of fact at the time of site plan approval.
(2) Work authorized under a zoning permit is not commenced and diligently pursued
through the completion of substantial construction within six (6) months of receiving a zoning
permit.
(3) Upon prior written request to the Development Review Board, including a statement of
justification for the requested time extension, the time period for obtaining a zoning permit
may be individually extended for a maximum period of six (6) calendar months from the
otherwise specified termination dates.
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(4) The Development Review Board may extend the extension period provided in (3) above
for not more than two (2) six (6) month periods.
I. Field Changes and As-Built Plans
(1) Field Changes
(a) During construction, the Administrative Officer may authorize or require, at his/her
own determination or upon the request of the applicant, minor adjustments to the
approved site plan when such adjustments are necessary in light of technical or engineering
considerations, the existence or materiality of which was first discovered during actual
construction. Such minor adjustments shall be consistent with the spirit and intent of the
approved site plan.
(b) Where unforeseen conditions are encountered which require any material change to
an approved site development plan or where the developer wishes to modify the approved
plan for other reasons, a site plan application shall be filed with the Development Review
Board or Administrative Officer for review in accordance with procedures required for the
amendment of applications.
(2) As-Built Plans
(a) Upon completion of any development or redevelopment pursuant to an approved
final site plan involving field changes as set forth in (1) above, and prior to the issuance of a
certificate of occupancy by the Administrative Officer, the applicant shall submit to the
Administrative Officer as-built plans in paper and digital form, prepared and certified by a
licensed engineer, architect, landscape architect or surveyor, showing the location of all site
improvements as constructed. Such plan shall be based on a field survey.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is
in compliance with the approved final site plan. The Administrative Officer shall specify its
compliance with or variation from the approved final site plan by signature and shall file
one (1) copy with the Department of Planning and Zoning.
(c) If variations from the approved final site plan exist, an amended site plan shall be
filed with the Development Review Board for review in accordance with the same
procedures required for initial applications.
(3) The provisions of this Section 14.05(H) shall apply to all types of approvals granted by
the DRB and/or Administrative Officer, including but not limited to subdivisions, PUDs, site
plans, miscellaneous approvals, and conditional use permits.
J. Technical or Consultant Review of Site Plans. The Development Review Board may require
a site plan review applicant to pay for reasonable costs of an independent technical review of the
application. The Development Review Board may table review of the application pending receipt of
an independent technical review.
K. Bonding Requirements. The owner or developer shall provide a performance bond, escrow
account, or letter of credit in accordance with Sections 15.15 and 15.16 of these Regulations.
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14.06 General Review Standards
The following general criteria and standards shall be used by the Development Review Board in
reviewing applications for site plan approval. They are intended to provide a framework within
which the designer of the site development is free to exercise creativity, invention, and innovation
while improving the visual appearance of the City of South Burlington. The Development Review
Board shall not specify or favor any particular architectural style or design or assist in the design of
any of the buildings submitted for approval. The Development Review Board shall restrict itself to a
reasonable, professional review, and, except as otherwise provided in the following subsections,
the applicant shall retain full responsibility for design.
A. Relationship of Proposed Development to the City of South Burlington Comprehensive
Plan. Due attention by the applicant should be given to the goals and objectives and the stated
land use policies for the City of South Burlington as set forth in the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian movement,
and adequate parking areas.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing
a public street shall be considered a front side of a building for the purposes of this
subsection.
(b) The Development Review Board may approve parking between a public street and
one or more buildings if the Board finds that one or more of the following criteria are met.
The Board shall approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans
with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils,
that allow for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and
parking needs cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and
meets the following criteria:
a. The lot is located in an approved subdivision where the parking on each lot in
the subdivision is proposed to be located between the building or buildings on each
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lot and the public street so that a significant greenspace surrounded by buildings
may be incorporated similar to a college campus style “quad”, as detailed below.
b. The parking on any lots that include a part of the greenspace shall be aligned
in a similar fashion so that the buildings are located between the greenspace and
the parking and so that the parking is located between the buildings and the public
street to maintain the integrity and continuity of the greenspace . Prior to gaining
approval from the Development Review Board, the applicant for each lot is required
to provide a written agreement, such as a shared parking, greenspace and use
agreement, from each lot owner in the approved subdivision whose lot will include a
portion of the greenspace that provides that each lot owner will comply with this
general parking, building and greenspace alignment, layout and design in the future
development of each of their lots.
c. The minimum required total area of the greenspace shall be 150,000 square
feet. For purposes of this subsection 14.06(B) (2)(b)(vi), “greenspace” shall be
defined as a consolidated and continuous landscaped area located across more than
two lots in the approved subdivision, similar in nature to a common open space,
largely surrounded by buildings, but shall not include building or impervious parking
areas. The greenspace may extend between buildings, but shall not extend beyond
the building line of the principal building on each lot that includes a portion of the
greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees,
plantings, wetlands, and gardens, and may include impervious landscape features,
such as path networks, sculptures, gazebos, water features, footbridges, sitting
areas, stone walls, and other features and amenities that may be built within and
throughout the greenspace in order to create a more attractive and enjoyable
environment. The area of the greenspace shall be calculated by measuring and
adding the portion of the total greenspace defined on the site plan for each lot in
the approved subdivision that includes a portion of the greenspace.
d. Any parking located between a proposed building and a public street shall
include landscape screening at least three (3) feet in height above the grade of the
adjacent public street, , except as necessary to maintain adequate sight distances.
(c) Where more than one building exists or is proposed on a lot, the total width of all
parking areas located to the side of building(s) at the building line shall not exceed one half
of the width of all building(s) located at the building line. Parking approved pursuant to
14.06(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front
of the building adjacent to the public street with the lowest average daily volume of traffic.
Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of
the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the
Interstate shall be screened with sufficient landscaping to screen the parking from view of
the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated adjoining
buildings.
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(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land may be required on any lot for
provision of access to abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial or collector street, to provide additional access for emergency or other
purposes, or to improve general access and circulation in the area.
B. Utility Services. Electric, telephone and other wire-served utility lines and service
connections shall be underground insofar as feasible and subject to state public utilities
regulations. Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small
receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall
not be required to be fenced or screened.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
E. Modification of Standards. Where the limitations of a site may cause unusual hardship in
complying with any of the standards above and waiver therefrom will not endanger the public
health, safety or welfare, the Development Review Board may modify such standards as long as the
general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the
exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location
of a new structure less than five (5) feet from any property boundary and in no case shall be the
DRB allow land development creating a total site coverage exceeding the allowable limit for the
applicable zoning district in the case of new development, or increasing the coverage on sites
where the pre-existing condition exceeds the applicable limit.
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14.08 Integration of Procedures
A. General. There may be applications where the particular circumstances of a proposed
development require compliance with other procedures in these regulations, such as conditional
use permit review. In such cases, the Development Review Board shall integrate site plan review as
required by this article with the other procedural and/or submission requirements. Such
integration of procedures may require, upon mutual written consent of the Development Review
Board and the applicant, reasonable modification of the time schedules otherwise stated in this
article or in said related regulations or requirements.
14.09 Administrative Review
A. Authority. The Department of Planning and Zoning is hereby authorized to conduct
administrative review and approval of site plan applications for principal permitted uses and
conditional uses, as provided below.
B. Determination of Eligibility. All determinations of eligibility for administrative review are
subject to the discretion of the Director of Planning and Zoning. The Administrative Officer shall not
approve administrative amendments to master plans, subdivisions, or variances. The
Administrative Officer may review, approve, approve with conditions, or deny administrative
amendments to site plans involving a principal permitted use, site plans involving an approved
conditional use, and site plans of planned unit developments, if the proposed amendment meets
one or more of the following criteria:
(1) Relocation of site improvements and/or accessory structures that have been previously
approved, provided that such relocations do not alter the approved coverage for the site.
(2) Re-approval of plans if a permit issued by the Development Review Board has expired
within the preceding six months and no changes or alterations of any kind are proposed,
including those outlined in (4) below.
(3) Approval of plans showing as-built adjustments beyond standard field adjustments,
provided that such adjustments do not require the amendment of any condition of approval in
the most recent findings of fact.
(4) Minor alterations to an approved landscaping plan such as substitution of appropriate
similar species or landscaping or hardscaping materials, provided that the total value of
landscaping proposed in the amended plan is equal to or exceeds the amount approved by the
Development Review Board.
(5) An increase in building area and/or impervious coverage totaling less than five thousand
(5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller.
Applicants are advised that the cumulative total increase in building area and/or site coverage
cumulatively permitted through all administrative amendments on any one lot shall not exceed
five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever
is smaller. Development Review Board approval shall be required for any amendment
exceeding these limits.
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(6) All coverage and other limitations pursuant to these regulations shall apply in
determining whether an administrative amendment shall be approved.
(7) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to
Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974).
(8) Changes in use of all or part of a building or structure with prior site plan approval to a
permitted use in the applicable zoning district, provided the proposed use, whether solely or in
combination with other uses subject to the same approval, will not result in any permitting
requirement or threshold being exceeded or violated.
C. Reporting of Decisions. All administrative approvals shall be reported by the Administrative
Officer to the Development Review Board at its next meeting following the date of the approval,
and all such decisions of the Administrative Officer shall state that the decision may be appealed in
accordance with State law.
14.10 Conditional Use Review: General Provisions and Standards
A. Comprehensive Plan. These regulations hereby implement the relevant provisions of the
City of South Burlington adopted comprehensive plan and are in accord with the policies set forth
therein.
B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a
particular zoning district upon showing that such use in a specified location will comply with all the
general and specific standards for the location or operation of the use as specified in these
regulations and as authorized by the Development Review Board. Uses requiring a conditional use
permit are listed in Table C-1, Table of Uses. In granting approval for a conditional use, the
Development Review Board may attach such additional, reasonable conditions and safeguards as it
may deem necessary to implement the purposes of these regulations.
C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall
be required prior to issuance of a zoning permit in all districts where such uses are listed as
conditional uses in the District Regulations. Any alteration, extension or other change to an existing
conditional use shall require review under the requirements of this section.
D. Review and Approval Procedure. A use designated as a conditional use in any district may
be permitted by the Development Review Board, after public notice and public hearing, according
to the following procedures:
(1) Any conditional use is subject to site plan review and shall be reviewed under the
requirements of Article 14, Site Plan and Conditional Use Review or is subject to planned unit
development review and shall be reviewed under the requirements of Article 15, Planned Unit
Development.
(2) The Development Review Board may require submission of plans, data, or other
information in addition to the requirements of Article 14, as it deems necessary.
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(3) The Development Review Board shall act to approve or disapprove a requested
conditional use within forty-five (45) days after the close of the final public hearing held under
this section, and failure to so act shall be deemed approval.
(4) In approving a conditional use, the Development Review Board may attach additional
requirements as it may deem necessary to implement the provisions of the South Burlington
Comprehensive Plan and these regulations.
E. General Review Standards. The Development Review Board shall review the proposed
conditional use for compliance with all applicable standards as contained in these regulations. The
proposed conditional use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning
district within which the project is located, and specifically stated policies and standards of the
municipal plan.
(3) Traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
(5) Utilization of renewable energy resources.
F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to
authorize only one (1) specific conditional use on a subject property and shall expire if the
conditional use shall cease for more than six (6) months for any reason, unless an umbrella
approval has been granted.
14.11 Conditional Use Review: Specific Uses and Standards
A. Parking garages. Review of such use shall include a review of the proposed structure's
aesthetics and potential off-site impacts including but not limited to lighting, traffic, and circulation.
B. Group homes. Group homes as described in Section 13.12(B) shall be subject to the
following supplemental standards:
(1) The minimum lot size required for the establishment of a group home shall be the same
as that required for other dwellings in the district in which it is located, except that the
minimum lot size requirement shall be increased by ten percent (10%) for each non-supervisory
resident in excess of five (5).
(2) In addition to all other normally required items of information, the following additional
documentation shall also be submitted with the conditional use or site plan application, as
applicable:
(a) A copy of the operating certificate issued by the appropriate state department or
agency.
(b) Copies of all correspondence between the applicant and the State of Vermont with
respect to the proposed facility.
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(c) A complete statement of the proposed type, number, age and permanency of
residence of the persons to be cared for, and the number and qualifications of both resident
and nonresident adult supervisory personnel.
(d) A complete statement of the applicant's plans for the social and economic
integration of the projected residents into the community, including their educational,
employment and recreational needs, transportation and service requirements and any
other such information as may be relevant and determined necessary by the Development
Review Board.
(e) A vicinity map indicating the location of the proposed facility in relation to other
existing group care facilities or other similar types of care facilities within a radius of two (2)
miles of the subject site.
D. Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service
station that is a primary use on its lot may be allowed to have a convenience store as an accessory
conditional use, subject to the following:
(1) The proposed convenience store shall be an accessory use located on the same lot as
primary use service station.
(2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-
packaged foods for personal or household consumption.
(3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand
(30,000) square feet.
(4) Location of primary use. The service station shall have a minimum street frontage of one
hundred (100) feet on an arterial road.
(5) Maximum floor area. Such store shall have a gross floor area of no more than ten
percent (10%) of the lot area.
(6) Maximum height. Such store shall be no more than one (1) story high.
(7) Hours of operation. The consumer convenience center shall be accessory to the primary
use and as such shall be open for business during the same hours as the pumping operation of
the service station.
(8) Parking. Parking spaces shall be provided proximate to the store, at the rate of one (1)
space per one hundred fifty (150) square feet of consumer convenience center floor area.
Where parking is located near a residential district boundary, the applicant shall provide
landscaping, and/or fencing or screening in the mandatory setback.
(9) Lighting. The applicant shall demonstrate to the Development Review Board’s
satisfaction that the proposed lighting plan will adequately light the store exterior and related
parking area and will not shed light onto abutting residentially zoned land.
J. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service
stations shall be permitted within one thousand (1,000) linear feet in any direction from the
property boundaries of an existing gasoline filling station or service station.
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K. Processing and Storage.
(1) Hours of operation, including hours of truck delivery or pick-up activities, shall be
limited by the DRB consistent with the character of the adjacent neighborhood and proximity to
residential areas and residentially-zoned lands.
(2) The DRB shall have the authority to limit the total square footage that may be devoted
to processing and storage on any lot or within any one building to ensure compatibility with
adjacent land uses.
[additional items reserved]
ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT
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15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW
15.01 Purpose
15.02 Authority and Required Review
15.03 Allowed Uses, Densities, Zoning Boundary Adjustments and Perimeter Setbacks
15.04 General Subdivision and PUD Review Procedures
15.05 Sketch Plan Review
15.06 Review and Approval of Minor Subdivision
15.07 Master Plan Review and Approval
15.08 Major Subdivision or PUD Approval Procedure
15.09 Final Plat Recording
15.10 Lot Layout
15.11 Relation to Scenic View Protection Overlay District
15.12 Standards for Roadways, Parking and Circulation in PUDs and Subdivisions
15.13 Utility Services
15.14 Required Public Facilities and Improvements
15.15 Performance Bonds, Escrow Accounts and Letters of Credit
15.16 Acceptance of Streets and Required Public Facilities and Improvements
15.17 Certificate of Title
15.18 Criteria for Review of PUDs, Subdivisions and Master Plans
15.19 Minor Lot Line Adjustments
15.01 Purpose
It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to
provide for relief from the strict dimensional standards for individual lots in these Regulations in
order to encourage innovation in design and layout, efficient use of land, and the viability of infill
development and re-development in the City’s Core Area, as defined in the Comprehensive Plan. It
is the further purpose of this Article to coordinate site plan, conditional use and subdivision review
into a unified process. The Development Review Board shall administer these regulations for the
purpose of assuring orderly growth and coordinated development in the City of South Burlington
and to assure the comfort, convenience, safety, health and welfare of its citizens.
15.02 Authority and Required Review
A. Authority
(1) Pursuant to Section 4413 through Section 4421 of 24 VSA Chapter 117, as amended, the
Development Review Board shall have the authority to review and approve, approve with
conditions or deny an application for subdivision of land pursuant to the standards in these
Regulations.
(2) In accordance with the provisions of Subsections (3) and (12) of Section 4407 of Title 24
VSA Chapter 117, the Development Review Board shall have the authority to review and
approve, approve with modifications, or deny Planned Unit Developments and Planned
Residential Developments (PUDs).
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(3) In conjunction with PUD review, the modification of these Land Development
Regulations is permitted subject to the conditions and standards in this Article and other
applicable provisions of these Regulations.
(4) Notwithstanding section 15.02(A)(3), however, the following standards shall apply to all
PUDs:
(a) with the exception of side yard setbacks in the Central District 1, in no case shall the
DRB permit the location of a new structure less than five (5) feet from any property
boundary, and, in no case shall the DRB permit the location of a structure not in compliance
with Section 15.03(D).
(b) In no case shall be the DRB allow land development creating a total site coverage
exceeding the allowable limit for the applicable zoning district in the case of new
development, or increasing the coverage on sites where the pre-existing condition exceeds
the applicable limit.
(c) In no case shall the DRB permit the location of parking not in compliance with
Section 14.06 (B) (2).
(5) Pursuant to this Article, the South Burlington Development Review Board shall have the
further authority to review and approve, approve with modifications, or deny a Master Plan
reviewed in conjunction with a PUD. A Master Plan shall be a binding sub-part of a PUD
approval and shall not be construed as a separate land development review procedure from the
PUD procedures set forth in this Article.
(6) The modification of the maximum residential density for a zoning district shall be
permitted only as provided in the applicable district regulations and/or for the provision of
affordable housing pursuant to Section 13.14 of these Regulations.
B. Applications for which PUD review is required. For certain uses and in certain districts,
applications for development review must be made as a PUD pursuant to this Article. Such uses
and districts are noted below, in Table C-1, Table of Uses, and in individual district articles in these
Regulations. For all land development activities meeting these standards, PUD review shall be
required unless an application is being made pursuant to specific provisions in a PUD permit issued
by the DRB that apply to the land involved and specify another review procedure. The Master Plan
requirements of this Article may apply in addition to the standard PUD requirements, as set forth in
Section 15.07 below. Developments that ordinarily shall be subject to PUD review are:
(1) All applications for development in the Southeast Quadrant District other than a single-
family or two-family residence,
(2) All applications within the Central District, unless site plan applications are made
pursuant to provisions therefor in a PUD permit previously issued by the DRB and applicable to
the land involved in the application.
(3) All applications for educational facilities and educational support facilities in the
Commercial 1 and Institutional-Agricultural Districts
(4) All applications in which the total area of all involved lands is ten (10) acres or more.
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C. Elective PUD Review. In all districts of the City, any applicant for site plan, conditional use
and/or subdivision review, or any other application for land development requiring action by the
Development Review Board, may request review pursuant to the PUD process and regulations,
except for parcels of land less than two (2) acres in the following districts: R1, R1-LV, R2, R4, and
LN.
15.03 Allowed Uses, Densities, Zoning Boundary Adjustments and Perimeter Setbacks
A. Uses Allowed. In any application for PUD review, all uses allowed as permitted or
conditional uses in the underlying district(s) involved in the application shall be deemed to be
permitted uses and a separate conditional use permit or permits shall not be required.
B. Density. In any application for PUD or subdivision review, the overall density or FAR
allowable for the land in question shall be the same as for the underlying district(s) involved in the
application.
C. Zoning District Boundary Adjustment. In conjunction with a PUD or subdivision application
involving land in two or more zoning districts, the DRB may at its discretion approve a request to
relocate the boundary of the zoning district up to fifty (50) feet in either direction within the area
affected by the application.
D. Perimeter Setbacks. Any principal structure proposed on a lot that borders any of the
districts in Article IV or the SEQ-NR, SEQ-NRP, SEQ-VR or SEQ-NRT SEQ Sub-Districts must meet the
setback required by these Regulations for the adjoining district for the type of yard (side or rear)
that is immediately adjacent in the above-referenced district.
15.04 General Subdivision and PUD Review Procedures
A. Subdivision and PUD Process Unified. It is a purpose of these regulations to provide for a
unified review process for subdivisions and Planned Unit Developments, in keeping with the
provisions of 24 VSA Chapter 117, as amended. While some provisions of these regulations may
apply only to the strict subdivision of land and others only to a strict planned unit development
project without land subdivision, the intent of these regulations is to unify the process to the
greatest extent possible. Therefore, any questions as to the required elements of a PUD or
subdivision application or the standards applicable to a specific case shall be interpreted based on
the context of Article 15 of these regulations, and the appropriateness and relevance of a given
standard or provision of Article 15 to a PUD or subdivision application.
B. Statement of requested waivers required for PUDs. Any applicant utilizing PUD review
must provide a list of waivers and other relief sought through PUD review from the strict
dimensional standards, subdivision standards, site plan review standards, or other applicable
provisions of these Regulations.
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15.05 Sketch Plan Review
A. Sketch Plan Required for PUD and Subdivision. For the purpose of classification and initial
review, any applicant for a subdivision or PUD of land shall, prior to submitting an application for
subdivision approval, submit to the Administrative Officer at least ten days prior to a regularly
scheduled meeting of the Development Review Board a sketch plan of the proposed PUD or
subdivision, which shall include the following information in paper and digital form:
(1) Name and address of the owner of record and applicant.
(2) Name of owners of record of contiguous properties.
(3) Date, true north arrow and scale (numerical and graphic). The preferred scale shall be
not more than one hundred (100) feet to the inch, or not more than sixty (60) feet to the inch
where lots have less than one hundred (100) feet of frontage.
(4) Location map, showing relation of proposed subdivision to adjacent property and
surrounding area.
(5) Boundaries and area of:
(a) All contiguous land belonging to owner of record,
(b) The proposed subdivision, and
(c) Existing zoning districts (boundaries only).
(6) Existing and proposed layout of property lines; type and location of existing and
proposed restrictions on land, such as easements and covenants.
(7) Type of, location, and size of existing and proposed streets, structures, utilities, and
open space.
(8) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other
natural features.
(9) Location of existing septic systems and wells.
B. Site plan information. All applicable information required for a site plan pursuant to Section
14.05 of these Regulations shall be submitted at preliminary plat stage for subdivisions involving
commercial or industrial uses, multi-family uses, or planned unit development.
C. Sketch plan review procedures.
(1) Classification. The Administrative Officer shall, prior to the meeting on the sketch plan,
classify the subdivision proposal as either a Minor Subdivision or a Major Subdivision/PUD. The
Administrative Officer shall also determine whether the application requires Master Plan
review, and shall duly note any request by an applicant for review and approval pursuant to the
PUD and/or Master Plan provisions in Article 15.
(2) Meeting required. The applicant, or his duly authorized representative, shall attend the
meeting of the Development Review Board on the sketch plan to discuss the application.
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(3) Review by DRB. The Development Review Board shall determine whether the sketch
plan meets the purposes of these regulations and shall, where it deems necessary, make
specific suggestions to be incorporated by the applicant in subsequent submissions. At this
time, the Development Review Board may determine that a minor subdivision developer shall
supply additional material normally required for a major subdivision at the warned public
hearing.
15.06 Review and Approval of Minor Subdivisions
A. Application for Minor Subdivision Approval. After classification of the proposed subdivision
as a minor subdivision, and within six months after the meeting on the sketch plan for the
application, the applicant shall be allowed to bypass the preliminary plat process and proceed
directly to filing an application for the approval of a final subdivision plat. This Section 15.06 shall
apply to minor subdivisions only, and shall not apply to applications for PUD approval or any
applications requiring Master Plan approval.
B. Final Plat Requirements for Minor Subdivision Approval. Such plat shall conform to the
layout shown on the sketch plan and shall incorporate any recommendations made by the
Development Review Board. Such plat shall consist of one or more maps or drawings, with all
dimensions shown in feet or decimals of a foot, drawn to a scale of not more than one hundred
(100) feet to the inch, or not more than sixty (60) feet to the inch where lots have less than one
hundred (100) feet of frontage, showing or accompanied by the following information in paper and
digital form:
(1) Updated and accurate data from the sketch plan.
(2) A map, showing the relation of the proposed subdivision to the adjacent properties and
to the surrounding area, and including property lines.
(3) Location, names, and widths of existing and proposed streets, private ways, sidewalks,
curb cuts, paths, easements, parks and other public or privately maintained open space as well
as similar facts regarding adjacent property. Street names for public and private streets shall be
approved by the E-911 Coordinator consistent with the City’s E-911 provisions.
(4) Name and address of licensed land surveyor and plat designer, including if applicable
the license number and seal of the licensed land surveyor.
(5) Contour lines at intervals of five (5) feet, based on United States Geological Survey
datum of existing grades and of proposed finished grades. Contour intervals closer than five (5)
feet may be required by the Development Review Board in order to properly evaluate specific
aspects of the project, such as, but not limited to, storm drainage and landscaping.
(6) A complete survey of the subdivision, prepared by a licensed land surveyor, showing the
location, bearing and length of every street line, lot line and boundary line, and existing and
proposed restrictions on the land, including, but not limited to, access ways and utility
easements. Where applicable this information shall be tied to reference points previously
established by the City.
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(7) The location and type of existing water courses, wetlands, floodplains, wooded areas,
ledge outcrops, and other natural features, and showing all natural features that shall be
preserved.
(8) Details of proposed connection with existing water supply or alternative means of
providing water supply to the proposed subdivision.
(9) List of waivers the applicant desires from the requirements of these regulations.
(10) A copy of all proposed deeds, agreements, or other documents which convey or relate
to the use of privately owned street or right-of-way, and a certificate of the City Attorney that
these documents are satisfactory.
(11) A completed contract between the landowner and the City regarding the number of lots
or dwelling units to be served by the proposed right-of-way or private street and the
responsibility for the roadway maintenance, along with a certificate of the City Attorney that
the contract is satisfactory.
C. Public Hearing for Final Plat for Minor Subdivisions. A public hearing shall be held by the
Development Review Board after submission of the Final Subdivision Plat and all required
information to the Administrative Officer. Said hearing shall be warned in accordance with the
public notice provisions of the Vermont Planning and Development Act. The DRB shall take action
to approve, approve with conditions or deny the final plat application at a duly warned public
hearing in accordance with Section 15.08(E) of this Article.
15.07 Master Plan Review and Approval
A. Master Plans Established. For any application involving subdivision for which the applicant
has sought Master Plan approval, or for which Master Plan approval is required, the applicant shall
follow the procedures outlined in this Section. The applicant may elect to apply simultaneously for
preliminary plat and/or preliminary site plan approval for a portion or portions of the affected
property.
B. Master Plan Optional or Required. As part of the PUD and/or subdivision review process,
any applicant for land development involving ten (10) or more contiguous acres may submit an
application for Master Plan. Master plan review also shall be required as a step in the PUD or
subdivision review process in the following cases:
(1) Development of more than ten (10) dwelling units in the Southeast Quadrant
(2) Development involving more than ten (10) acres in the Central District
(3) Development of more than ten (10) units in a five (5) year period in the R1-Lakeshore
District.
C. Master Plan Review Process.
(1) Master Plan. An applicant meeting the criteria in (B) above shall submit a sketch plan for
review by the DRB. After identification of the proposed project as requiring a master plan, and
within six (6) months after the final DRB meeting on the sketch plan (or a longer period if
mutually agreed by the applicant and the DRB, but not exceeding two (2) years in total), the
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applicant shall file an application for approval of a master plan. The plan shall conform to the
layout shown on the sketch plan, incorporating recommendations made by the Development
Review Board.
(2) Combined with Preliminary Site Plan or Preliminary Plat Review. The Master Plan
application may, at the applicant’s request, be combined with preliminary site plan or
preliminary subdivision plat review for a discrete portion or all of the property proposed for
development. Any areas of the lands proposed for development for which master plan review is
secured but preliminary site plan or preliminary plat review is not shall require preliminary site
plan or plat review at a subsequent time prior to receiving final approval. The DRB shall review
the master plan and all areas proposed for preliminary plat simultaneously, and shall make
separate findings of fact as to the master plan and the areas reviewed for preliminary plan or
plat. The findings of fact pertaining to the master plan shall be binding on the DRB and the
applicant for all subsequent preliminary site plan or preliminary plat applications made
pursuant to the master plan approval.
(3) Master Plan Application. The master plan shall consist of one or more maps or
drawings, with all dimensions shown in feet or decimals of a foot, drawn to a scale of not more
than one hundred (100) feet to the inch where lots have less than one hundred (100) feet of
frontage, showing or accompanied by the information listed below in paper and digital form.
The applicant shall submit complete preliminary site plan or preliminary plat applications
consistent with the master plan application for any area or phase for which approval is sought
simultaneously with the master plan.
(a) Accurate and updated Sketch Plan data
(b) The name of the proposed Master Plan or an identifying title
(c) Name and address of the land surveyor and plat designer
(d) The names of all subdivisions immediately adjacent and the names of owners of
record of adjacent acreage
(e) An overall plan for the property indicating the following:
(i) the locations and total combined area of the propert(y)(ies) proposed for
subdivision and/or site plan phase, either in conjunction with the initial master plan
application or in the future, specifying which area or areas are currently proposed for
subdivision or development.
(ii) The location and total area of the propert(y)(ies) currently proposed for
subdivision or development that are to be deeded as perpetually open spaces, and
which areas proposed to be left open are subject to future evaluation within the
parameters of the master plan.
(iii) the location, total area and nature of any public amenities or facilities other than
buildings proposed either in conjunction with the initial master plan application or in the
future, specifying which features are currently proposed for development.
(iv) The maximum impervious coverage proposed for the property or properties
subject to the Master Plan.
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(v) The maximum Floor Area Ratio (FAR) and/or number of dwelling units proposed
for the property or properties subject to the Master Plan.
(vi) The maximum number of vehicle trip ends (VTEs) and associated parking
proposed for the property or properties subject to the master plan.
(vii) The location and size of any existing sewers and water mains, culverts and drains
on the property or serving the property.
(viii) The location, names and widths of existing and proposed streets, private ways,
sidewalks, curb cuts and parking areas and their relationship to existing and proposed
streets, private ways, sidewalks, curb cuts and parking areas on surrounding properties
(ix) Contour lines at intervals of five feet, based on USGS datum of existing grades
and also of finished grades. Contour intervals closer than five feet may be required by
the Development Review Board in order to properly evaluate specific aspects of the
project, such as storm drainage, landscaping, etc.
(x) A complete survey of any tracts to be subdivided completed by a licensed land
surveyor
(xi) The location of temporary markers adequate to enable the DRB to locate readily
and appraise the basic layout in the field. Unless an existing street intersection is shown,
the distance along a street from one corner of the property to the nearest existing
street intersection shall be shown.
(xii) A list of waivers the applicant desires from these regulations.
D. Approval and Amendment of Master Plan.
(1) Upon receipt of a complete application for master plan approval, with or without an
associated preliminary site plan or preliminary plat application, the DRB shall take action to
approve, approve with conditions, or deny the master plan at a duly warned public hearing.
(2) In its approval of a Master Plan, the DRB shall specify the level of review and process
required for subsequent applications pursuant to the approved Master Plan provided such
procedure is consistent with the intent of these Regulations. The DRB may, for example, specify
that final site plan only shall be required for specified portions of a project subject to a master
plan, or that a section of a PUD shall be able to be amended with a final plat amendment
action.
(3) Any application for amendment of the master plan, preliminary site plan or preliminary
plat that deviates from the master plan in any one or more of the following respects, shall be
considered a new application for the property and shall require sketch plan review as well as
approval of an amended master plan:
(a) An increase in the total FAR or number of residential dwelling units for the property
subject to the master plan;
(b) An increase in the total site coverage of the property subject to the master plan;
(c) A change in the location, layout, capacity or number of collector roadways on the
property subject to the master plan;
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(d) Land development proposed in any area previously identified as permanent open
space in the approved master plan application; and/or
(e) A change that will result in an increase in the number of PM peak hour vehicle trip
ends projected for total buildout of the property subject to the master plan.
(4) Any application for amendment of the master plan that does not reduce the total area
or alter the location of proposed permanent open spaces, and which does not meet any of the
criteria in (3) above, and any application for preliminary plat or preliminary site plan that is
found to be consistent with the findings of fact for the master plan, shall not require sketch
plan review. The DRB may, at its discretion, allow applicants for preliminary plat or preliminary
site plan review pursuant to a master plan to combine preliminary and final review into one
application and approval action.
(5) The DRB may in its findings of fact on the master plan, or its approval of a site plan or
preliminary plat pursuant thereto, specify certain minor land development activities (such as
but not limited to the addition of decks or porches to dwelling units) that will not require DRB
action, and may be undertaken pursuant to issuance of a Zoning Permit.
(6) The City shall in its approvals maintain a record of such criteria as are applicable to the
project such as residential density, FAR, total site coverage, required off-street parking, sewer
capacity, and the location and status of public amenities.
15.08 Major Subdivision or PUD Approval Procedure
A. Preliminary Plat Application. After classification of the proposed subdivision as a major
subdivision and within six (6) months of the meeting on the sketch plan, the applicant shall file an
application for the approval of a preliminary plat with the Administrative Officer. The preliminary
plat application shall consist of one or more maps or drawings, with all dimensions shown in feet or
decimals of a foot, drawn to a scale of not more than one hundred (100) feet to the inch, or not
more than sixty (60) feet to the inch where lots have less than one hundred (100) feet of frontage,
showing or accompanied by the following information in paper and digital form:
(1) Items (1) through (9) in Section 15.05(A) above
(2) For applications including commercial or industrial uses or multifamily dwellings, or
applications made as a PUD, all information required for site plan review in Section 14.05 (D) of
these Regulations.
(3) Plans and profiles showing existing and proposed elevations along center lines of all
streets within the subdivision.
(4) Plans and profiles showing location of street pavements, curbs, gutters, sidewalks,
manholes, catch basins and culverts.
(5) Plans showing the location, size and invert elevations of existing and proposed sanitary
sewers, storm water drains, and fire hydrants and location and size of water, gas, electricity and
any other utilities or structures.
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(6) Details of proposed connection with the existing sanitary sewage disposal system or
adequate provision for on-site disposal of septic wastes.
(7) Preliminary designs of any bridges or culverts which may be required.
(8) The location of temporary markers adequate to enable the Development Review Board
to locate readily and appraise the basic layout in the field. Unless an existing street intersection
is shown, the distance along a street from one corner of the property to the nearest existing
street intersection shall be shown.
(9) List of waivers the applicant desires from the requirements of these regulations.
(10) Base flood elevation data for proposed development that contains at least fifty (50)
units or five (5) acres, if appropriate.
(11) A complete survey of the subdivision, prepared by a licensed land surveyor, showing the
location, bearing and length of every street line, lot line and boundary line, and existing and
proposed restrictions on the land, including but not limited to access ways and utility
easements. Where applicable, this information shall be tied to reference points previously
established by the City.
B. Preliminary Plat Public Hearing and Approval
(1) Public hearing. A public hearing shall be held by the Development Review Board after
submission of the preliminary plat and all required information to the Administrative Officer.
Said hearing shall be advertised and warned in accordance with the public notice provisions of
the Vermont Planning and Development Act.
(2) Attendance at public hearing required. The applicant, developer, or his duly authorized
representative shall attend all required meetings and hearings held under these regulations to
review the applicant’s or developer's application, including any public meetings or hearings,
which are continued to a specific time and date.
(3) Action to Approve Preliminary Plat.
(a) Within forty-five (45) days after the close of the public hearing on a preliminary plat,
the Development Review Board shall approve, modify and approve, or disapprove said
preliminary plat. Failure of the Development Review Board to act within said forty-five (45)
day period shall constitute an approval of the preliminary plat. Copies of the Development
Review Board decision, along with findings of fact, shall be sent to the applicant.
(b) When granting approval to a preliminary plat, the Development Review Board shall
state the conditions of such approval, if any, with respect to (i) the specific changes which it
will require in the preliminary plat, and (ii) the character and extent of the required
improvements for which in its opinion may be waived without jeopardy to public health,
safety, and general welfare.
(c) Approval of a preliminary plat shall not constitute approval of the final plat, but
rather it shall be deemed an expression of approval of the design submitted on the
preliminary plat as a guide to the preparation of the final plat. Prior to approval of the final
plat, the Development Review Board may require additional changes as a result of further
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study of the application or as a result of new information obtained at any public hearing
held pursuant to these regulations.
C. Final Plat Application Procedures
(1) The applicant shall, within twelve (12) months after the approval of the preliminary plat,
submit an application for approval of the final plat to the Administrative Officer.
(2) The final plat application may be submitted in sections in accordance with the preliminary
plat and/or Master Plan approval for the property so that it shall only include the phase of the
approved preliminary plat that the applicant proposes to record and develop at that time.
(3) If the final plat, or a section thereof, is not submitted to the Development Review Board
within twelve (12) months after the approval of the preliminary plat, the Development Review
Board may refuse to act on the final plat and require resubmission of the preliminary plat.
D. Final Plat Application. The final plat application shall consist of one or more maps or
drawings, with all dimensions shown in feet or decimals of a foot, drawn to a scale of not more
than one hundred (100) feet to the inch, or not more than sixty (60) feet to the inch where lots
have less than one hundred (100) feet of frontage, showing or accompanied by the following
information in paper and digital form:
(1) Items (1) through (10) in Section 15.08 above
(2) For applications including commercial or industrial uses or multifamily dwellings, or
applications made as a PUD, all information required for site plan review in Section 14.05 (D) of
these Regulations.
(3) The length of all straight lines, the deflection angles, radii, length of curves and central
angles of all curves tangent distance and tangent bearings for each street.
(4) By proper designation on such plat, all public space for which offers of cession are made
by the applicant and those spaces title to which is reserved by him.
(5) The location of all open space to be dedicated to the City as well as all open space to be
retained by the applicant or to be held in common private ownership.
(6) Lots within the subdivision numbered in numerical order within blocks, and blocks
lettered in alphabetical order.
(7) The location of all the improvements and utilities, including the location of all utility
poles, utility cabinets, sewage disposal systems, water supply systems, and all details and
locations of the stormwater management system.
(8) Permanent reference monuments shown thus: "X" and lot corner markers shown thus:
"O".
(9) Construction drawings of all required improvements.
(10) Supporting Documents
(a) Copies of proposed deeds, agreements or other documents showing the manner in
which open space, including park and recreational areas, and school site areas are to be
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dedicated, reserved and maintained and a certificate from the City Attorney that these
documents are satisfactory.
(b) A copy of such covenants or deed restrictions as intended to cover all or part of the
tract.
(c) A prospectus describing the management organization if one is required.
(d) In the case of a subdivision or development served by a privately owned and/or
maintained street:
(i) A copy of all proposed deeds, agreements, or other documents which convey or
relate to the use of a privately owned street or right-of- way, and a certificate of the City
Attorney that these documents are satisfactory.
(ii) A completed contract between the land owner and the City regarding the
number of lots or dwelling units to be served by the proposed right-of-way or private
street and the responsibility for the roadway maintenance, along with a certificate from
the City Attorney that the contract is satisfactory.
(11) A complete survey of the subdivision, prepared by a licensed land surveyor, showing the
location, bearing and length of every street line, lot line and boundary line, and existing and
proposed restrictions on the land, including but not limited to access ways and utility
easements. Where applicable, this information shall be tied to reference points previously
established by the City.
E. Action on Final Plat
(1) Public hearing. A public hearing shall be held by the Development Review Board after
submission of the final plat and all required information to the Administrative Officer. Said
hearing shall be advertised and warned in accordance with the public notice provisions of the
Vermont Planning and Development Act.
(2) Action on Final Plat. The Development Review Board shall, within forty-five (45) days
after the close of the public hearing, approve, modify and approve, approve with conditions, or
deny such plat. Failure to act within said forty-five (45) days shall be deemed approval. Copies
of the Development Review Board decision, along with findings of fact, shall be sent to the
applicant. If the Development Review Board places any stipulations regarding the content of
the plat or supporting documents, it shall require that any stipulated changes be completed to
the satisfaction of the Administrative Officer before filing of the approved plat. The
Development Review Board may establish phasing schedules for construction of structures and
may also require certain streets and other improvements to be completed prior to or during
specified phases of construction.
(3) Attendance at public hearing required. The applicant, developer, or her duly authorized
representative shall attend all required meetings and hearings held under these regulations to
review the applicant’s or developer's application, including any public meetings or hearings,
which are continued to a specific time and date. The Development Review Board may
disapprove the applicant’s or developer's application if she or her duly authorized
representative fail to attend any such public hearings or meetings.
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15.09 Final Plat Recording
A. Recording Required. The approval of the Development Review Board, or certification by the
City Clerk of the Development Review Board's failure to act within forty-five (45) days of the close
of the final public hearing held under these regulations, shall expire one hundred eighty (180) days
from such approval or certification unless, within such one hundred eighty (180) day period, such
plat shall have been duly filed or recorded with the office of the City Clerk. No subdivision plat
which requires Development Review Board approval may be filed or recorded in the office of the
City Clerk until it has been approved by the Development Review Board and such approval is
endorsed in writing on such plat by the Development Review Board Chairman or Clerk, or the
certificate of the City Clerk showing the failure of the Development Review Board to take action
within said forty-five (45) day period is attached thereto and filed or recorded with said plat. The
plat to be filed with the City Clerk shall comply with the requirements of the Vermont Statutes
Annotated, as presently enacted or as hereinafter from time to time amended. After such filing or
recording, the plat shall be part of the South Burlington Official Map.
B. Submittal of documents required. Endorsement shall not take place until all required plats,
construction drawings, and supporting documents have been submitted to the Administrative
Officer per the requirements of this section and in digital form and determined to be complete and
accurate. If all required submissions are not determined to be complete and accurate within the
one hundred eighty (180) day period, then subdivision approval shall be void and the application
must be resubmitted for final plat approval.
C. Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall
be made on any subdivision plat after approval has been given by the Development Review Board
and endorsed in writing on the plat, unless said plat is first resubmitted to the Development Review
Board and the Development Review Board approves any modification. In the event that such
subdivision plat is recorded without complying with this requirement, the plat shall be considered
null and void and the Development Review Board shall institute proceedings to have the plat
stricken from the records of the City Clerk.
D. Endorsement by the Development Review Board. Every approved subdivision plat shall
carry an endorsement on the copy to be filed with the City Clerk stating that the plat has been
approved by Resolution of the Development Review Board of the City of South Burlington,
Vermont, and specifying the date of such approval, subject to the requirements of said conditions
of said Resolution, and signed and dated by the Chairman or Clerk of the Development Review
Board.
15.10 Lot Layout
Lots shall be laid out in such a way that they can be developed in full compliance with these land
development regulations, and giving consideration to topography, soils, and drainage conditions.
Corner lots shall have extra width to conform to setbacks on each street. No subdivision showing
any reserved strips shall be approved. A width to length ratio of one to five (1:5) shall be used as a
guideline by the Development Review Board in evaluating lot proportions. Developments
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consisting predominantly of square or roughly square lots or lot with an excessive length to width
ratio (i.e. spaghetti lots) shall not be approved.
15.11 Relation to Scenic View Protection Overlay District (Article 10)
The Development Review Board may approve a proposed subdivision, though development of one
or more lots in the proposed subdivision with construction of a structure would exceed the
limitations of the Scenic View Protection Overlay District in these regulations ("view restrictions") in
accordance with the provisions in Article 10.
15.12 Standards for Roadways, Parking and Circulation in PUDs and Subdivisions
A. Street Layout. The arrangement of streets in the subdivision shall provide for the
continuation of arterial, collector and local streets of adjoining subdivisions and for proper
projection of arterial, collector and local streets through adjoining properties that are not yet
subdivided, in order to make possible necessary fire protection, movement of traffic and
construction or extension, presently or when later required, of needed utilities and public services
such as recreation paths, sewers, water and drainage facilities. Where, in the opinion of the
Development Review Board, topographic or other conditions make such continuance undesirable
or impracticable, the above conditions may be modified. In no case shall gates of any kind be
permitted across public or private roads, or driveways serving more than one dwelling unit.
B. Relationship to Traffic Overlay District. In all PUDs and subdivisions in which the provisions
of the Traffic Overlay District in Section 10.02 of these Regulations apply and in which the Traffic
Overlay District provisions conflict with those of this section, the more restrictive provisions shall
apply.
C. Topography. Streets shall be logically related to the topography so as to produce usable
lots, reasonable grades, and safe intersections in appropriate relation to the proposed use of the
land to be served by such streets. Adequate provisions shall be made in the project’s stormwater
management system to prevent flooding in the streets and erosion or other adverse impacts on
adjacent properties.
D. Criteria for Public and Private Roadways.
(1) In reviewing PUD, subdivision and master plan applications, the DRB shall have the
authority to require the construction of roadways to City standards and the dedication of
roadways to the City. The DRB also shall have the authority, subject to the limitations in (3)
below, to waive this requirement and to allow private streets, and/or public streets not built to
full City standards as set forth in Table 15-1 and Figure 15-1.
(2) Public roadway required. The DRB shall require a roadway to be built to City standards
in Table 15-1 and Figure 15-1 and dedicated to the City as a public roadway if one or more of
the following situations applies:
(a) The proposed roadway will or could provide a future extension to an adjoining
property.
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(b) The right-of-way or proposed alignment of the proposed roadway is consistent with
the right-of-way for a proposed City street shown on the Official Map; the City Council shall
have the authority to determine if a proposed right-of-way with a similar location and/or
alignment to a right-of-way on the Official Map must be required to be a public roadway.
(c) The Development Review Board determines that the proposed length of a roadway
or the significance of the roadway within the City’s street network warrants public
ownership.
(d) The proposed roadway serves one (1) or more lots occupied by and/or proposed for
non-residential or mixed-use development.
(3) Private roadways allowed. The DRB may at its discretion approve a roadway or
roadways within a subdivision or PUD to be private if one or more of the following situations
applies:
(a) The proposed roadway functions as a private frontage or service road to serve more
than one (1) commercial lot, and the Development Review Board determines such a road
would be consistent with the standards for PUDs in this Article.
(b) The proposed roadway functions as a private service or access road within a
commercial subdivision or PUD, and the Development Review Board determines such a
road would be consistent with the standards for PUDs in this Article.
(c) The proposed roadway serves five (5) or fewer single-family or duplex dwellings, in
any combination of the two types of dwellings.
(d) The proposed roadway has only one (1) point of access on another existing or
proposed public roadway, and serves nine (9) or fewer dwelling units in any combination of
single-family, duplex or multi-family dwellings.
(e) The proposed roadway has two (2) or more points of access on another existing or
proposed roadway and serves nineteen (19) or fewer dwelling units in any combination of
single-family, duplex or multi-family dwellings.
(f) The homes built on a private roadway must be sprinklered to the satisfaction of the
South Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed
upon prior to plat approval. This requirement may be waived be the DRB upon
recommendation by the City of South Burlington Fire Chief.
(4) Connections to adjacent parcels. If the DRB finds that a roadway extension or
connection to an adjacent property may or could occur in the future, whether through City
action or development of an adjacent parcel, the DRB shall require the applicant to construct
the connector roadway to the property line or contribute to the cost of completing the roadway
connection.
(a) In any such application, the DRB shall require sufficient right-of-way to be dedicated
to accommodate two (2) lanes of vehicle travel, City utilities, and a ten-foot wide grade-
separated recreation path.
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(5) Nothing in this section shall be construed to limit the authority of the DRB to grant
waivers of public roadway standards subject to the provisions of §15.12(D)(4).
E. Standards for Construction of Roadways
(1) All streets shall be constructed completely by the applicant.
(2) All public roadways shall be built to the specifications in Table 15-1 and Figure 15-1,
unless specifically authorized otherwise by the DRB in its final approval of the subdivision or
PUD.
(3) All private roadways shall be built to the specifications set forth in this section with the
exception of curbing and widths. All private roadways shall be a minimum width of twenty-six
(26) feet with parking and twenty (20) feet without parking.
(4) Modification of Roadway Standards. In any PUD or subdivision, the DRB may
specifically authorize modification of the City’s roadway standards in Table 15-1 below if it
specifically finds that such modification is in furtherance of Comprehensive Plan policies and
the goals for the specific zoning district in which a project is located, and that such modification
is consistent with provisions for the public health, safety and welfare and the orderly
development of the City. In making such a finding, the DRB shall consider the recommendation
of the City Engineer, Director of Public Works and Fire Chief with respect to the City’s ability to
provide public services to the proposed subdivision or PUD.
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Table 15-1 Street Design Standards(1)
Arterial Collector Local Private
Minimum ROW
width
80’
60’
50’
n/a
Minimum pavement
width
48’
30’
28’(2)
26’(4)/20’(5)
Curbing required?
yes
yes
DRB discretion
no
Maximum grade 6% 8% 10%
Minimum grade 0.5% 0.5% 0.5%
Minimum radius of
curves(3)
1000’
500’
300’
Minimum tangent
length between
reverse curves
200’
150’
100’
Minimum distance
between center line
offsets
400’
300’
200’
Angle at intersection
of street center lines
90o
90o
80o-90o
Minimum vertical
sight distance
400’
300’
200’
Minimum horizontal
sight distance
800’
500’
300’
Maximum grades
within 100’ center
line of intersection
2%
3%
3%
Notes: (1) All streets proposed within the Central District shall comply with the minimum right-of-way width,
minimum pavement width, and other standards contained in the South Burlington City Center Streetscape
Design Guidelines Handbook.
(2) Minimum pavement width for local streets intended to serve primarily commercial or industrial uses
outside of the Central District shall be 32 feet unless determined otherwise by the DRB pursuant to Section
15.12(D)(4) above.
(3) Minimum radius of curves shall be measured at centerline of pavement. This standard is acknowledged
to vary in order to conform to minimum sight distance requirements.
(4) With parking
(5) Without parking
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Figure 15-1A, Street Detail, Typical Section
Figure 15-1B, Street Details, Residential, Commercial or Industrial Street
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Figure 15-1C, Street Details, Streets with Concrete Curbs
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Figure 15-1D, Street Details, Streets without Concrete Curbs
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Figure 15-1E, Typical Cul-de-Sac
F. Entrances
(1) The nearest signalized intersection or those intersections specified by the DRB shall
have an overall level of service “D” or better, at the peak street hour, including the anticipated
impact of the fully developed proposed PUD or subdivision. In addition, the level of service of
each through movement on the major roadway shall have a level of service “D” or better at full
buildout.
(2) Entrances to PUDs and subdivisions generally shall be separated by a minimum distance
of four hundred (400) feet on either side of a public street, in order to ensure safe access and
traffic movement into and out of the PUD or subdivision. However, entrances to PUDs and
subdivisions may be allowed on opposite sides of a public street if substantially aligned with
each other.
(3) Signalized entrances to PUDs and subdivisions shall be separated from signalized
intersections (measured between the near edges of the driveway and intersection) based on
the following street traffic volumes:
Table 15-2: Signalized Intersections to PUDs
Projected Peak Hour (vph per access lane) Volume Distance (feet)
Below 450 300
450-550 350
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551-650 400
651-750 450
751 and greater 500
(4) The location and design of project access shall make provisions for improved access
management and traffic safety. Specifically, the design of PUD and subdivision access points
shall:
(a) Maximize the use of secondary streets for access and circulation
(b) Align access points with existing intersections and/or curb cuts
(c) Consolidate existing curb cuts within the PUD property
(d) Provide for safe access to abutting properties
(e) Make provisions for safe access, with provisions for appropriate sight distances and
accommodations for high-accident locations
(f) Provide deceleration, acceleration and/or turn stacking lanes as appropriate to meet
the standards in (1) above.
(g) Provide adequate curb radii to accommodate the anticipated speeds and types of
vehicles.
G. Emergency Access. Paved access for emergency vehicles shall be provided to within one
hundred (100) feet of the principal entry for multi-family dwellings, and commercial, industrial, and
institutional establishments. All streets and highways shall be of sufficient width and suitable grade
and shall be so located to facilitate fire protection and coordinated so as to compose a convenient
system properly related to the plan.
H. Standards for Internal Circulation and Parking. The design of internal circulation patterns
and parking areas shall meet the criteria for site plans in Article 14 of these Regulations. For
applications in the Central District, the design shall meet the standards in Article 8 of these
regulations.
I. Street Jogs. Street jogs with center line offsets of less than two hundred (200) feet shall not
be allowed, unless specifically approved by the DRB for purposes of traffic calming, upon
concurrence of the Fire Chief and City Engineer.
J. Culs-de-Sac. Cul-de-sac streets are recommended only in residential districts. The length of
a cul-de-sac street shall be subject to the review and approval of the Fire Chief and City Engineer.
The number of dwelling units served by a cul-de-sac or by a system of streets sharing a common
single access to an arterial or collector street shall not exceed fifty (50) unless additional
connections to other streets are approved by the Development Review Board after consultation
with the City Engineer and Director of Planning & Zoning.
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K. Street Names. Streets and their names, as approved by the E-911 Coordinator, shall be
identified on the proposed plat. Proposed streets that are obviously in alignment with others
already existing and named shall bear the names of existing streets. In no case shall the names for
proposed streets duplicate existing street names within the City of South Burlington irrespective of
the suffix, be it street, avenue, boulevard, driveway, place or court, or other similar suffix. All street
names shall conform to E-911 Regulations, as amended.
L. Street Signs and Numbering Systems. All street signs and posts shall be provided and
installed by the City at the expense of the subdivider. Directional signs at the entrance of cluster
developments and at other appropriate locations shall be provided to identify clearly the address
and location of all residential units. All signs shall conform to the South Burlington Sign Ordinance,
as amended.
M. Sidewalks and Recreation Paths.
(1) Unless otherwise provided in the specific regulations in Article 9 (SEQ), sidewalks and/or
recreation paths shall be installed along both sides of arterial streets, along both sides of
collector streets in commercial areas, along one side of collector streets in noncommercial
areas, and along one side of local streets. The specific location of sidewalks and/or recreation
paths shall be determined by the DRB.
(2) Sidewalk and/or path to curb distance shall be at least four (4) feet or as otherwise
approved by the City Engineer (see street details in Figure 15-1).
(3) Sidewalks shall be laid out so as to maximize southern exposure.
(4) Sidewalks and/or paths in the Central District shall comply with the standards set forth
in the South Burlington City Center Streetscape Design Guidelines Handbook.
(5) Permanent pedestrian easements, twenty (20) feet in width, may be required through
blocks six hundred (600) feet or more in length, or as a continuation of cul-de-sacs, or in
conjunction with utility easements in order to facilitate pedestrian circulation within the
subdivision or PUD or access to adjoining neighborhoods and public property or community
focal points such as parks, schools, and other public property, shopping centers, centers of
employment, and community recreation facilities, etc. Additional pedestrian easements shall be
reserved in conformance with the pedestrian trail and recreation path systems as indicated in
the Official Map and Comprehensive Plan.
15.13 Utility Services
A. Utility Easements. Easements of sufficient width shall be provided in locations acceptable
to the City Engineer so as to serve both the proposed subdivision and existing and anticipated
development outside the subdivision.
B. Public Water Service.
(1) The existing public utility system shall be extended so as to provide the necessary
quantity of water, at acceptable pressure. Construction shall conform to City Water
Department requirements as outlined in "Water Department specifications", adopted March 8,
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1978 (or as may be amended from time to time). All proposed off-site water line construction
plans shall be approved by the Water Department prior to installation.
(2) The subdivider or developer may be required to design and install water mains and
appurtenances of larger sizes than the immediate need for his development would require in
order to conform to the City Water Department and/or Champlain Water District master plan
for water main sizes.
C. Private/On-Site Water Service. A community system or other means of providing water to
the subdivision may be approved by the DRB and shall be designed and installed in accordance with
all applicable municipal and state regulations and standards. Community water systems shall be
designed in such a way that they may eventually be connected to the municipal water supply
system. Evidence of the location and availability of potable water in adequate quantities shall be
provided. Due consideration in the location of community or individual water systems shall be
given with respect to building sites, roadways, septic systems, flood water levels, and other factors
affecting the potability of water supplies.
D. Public Wastewater Service
(1) The subdivider or developer shall connect to the public sewer system or provide a
community wastewater system approved by the City and the State in any subdivision where off-
lot wastewater is proposed. The subdivider or developer is required to provide such pumping
and other facilities as may be necessary.
(2) If, due to planning for future subdivision or future users, the subdivider or developer is
requested by the Development Review Board to over-design and over-build said utilities or
portions thereof so that future users may connect onto the system, the City shall pay the
difference between the cost of the improvements necessary for the subdivision and the cost of
over-designing and over-building.
(3) Any such Development Review Board request to over-design and over-build said utilities
shall be submitted by the Development Review Board to the City Council for approval. If the
Council fails to approve the over-design and over-build request within the time set out for
preliminary approval, it shall be deemed rejected and the developer or sub-divider shall not be
required to so over-design and construct as requested by the Development Review Board.
(4) Applicants shall comply with applicable provisions of the South Burlington Sanitary
Sewerage and Stormwater Ordinance with regard to public wastewater capacity, allocation and
fees. In the event there is insufficient capacity for new wastewater connections at the time of a
PUD or subdivision application, the Planning Commission may approve a Sewer Policy
containing administrative guidelines for review of any proposed subdivision that are awaiting
certification of sufficient sewer capacity.
E. Utility Lines. New electric, telephone, outdoor lighting and cable TV distribution systems
shall be underground. The subdivider or developer shall coordinate subdivision design with the
utility companies to insure adequate and suitable areas for underground installation, both for the
proposed subdivision, and area adjacent to the subdivision.
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F. Stormwater Management
(1) Any new subdivision or PUD shall meet the City’s standards pursuant to sections 12.01
and 12.02 of these regulations. In addition, applicants in all zoning districts are encouraged to
implement the Low Impact Development (LID) techniques as discussed in section 12.03 of these
regulations.
(2) Culverts or other drainage facilities shall be of sufficient size to accommodate potential
runoff from the entire upstream drainage area, regardless of whether all or part of the
upstream area is involved land for purposes of this application. In determining the anticipated
amount of upstream runoff for which drainage facilities must be sized, the applicant will design
the system assuming the total potential development of upstream drainage areas. All drainage
structures shall be designed to, at a minimum, safely pass the twenty-five year, twenty-four
hour (4.0 inch) rain event. The applicant’s engineer shall provide such information as the
Stormwater Superintendent or his designee deems necessary to determine the adequacy of all
drainage structures.
(3) The applicant shall provide for review by the Stormwater Superintendent or his
designee with such information as the Superintendent deems necessary to determine the
effects of the proposed project on drainage structures located downstream of the project,
whether these structures are located on land owned or controlled by the applicant. This
analysis shall be conducted using the twenty-five year, twenty-four hour (4.0 inch) storm event.
In instances where the Superintendent anticipates that additional runoff incident to the
application may overload an existing downstream drainage structure and result in damage to
private or public property, the DRB shall impose conditions requiring the applicant to
incorporate measures sufficient to prevent these conditions, whether such improvements are
located on or off the applicant’s property.
15.14 Required Public Facilities and Improvements
A. General Standards. All required improvements shall be designed and installed in
accordance with the design standards, development requirements, specifications and procedures
set forth in these regulations and other applicable City regulations and standards. Typical plans and
sections are attached to these regulations. Said installation and design standards apply to both
public and privately owned required improvements. Proposed privately owned streets and other
improvements shall be marked as such on the final plat.
B. Reference Monuments. Permanent reference monuments shall be set in concrete for all
corners and angle points of the boundaries of the subdivision and as required by the City Engineer
for new roads. Lot corner markers shall be set at corners and angle points of all lots, plots, or
parcels, and located in the ground to finish grade.
C. Modification of Design or Improvements. If at any time after approval before or during the
construction of the required improvements, the subdivider demonstrates that unforeseen
conditions make it necessary or preferable to modify the location or design of structures, utility
cabinets, curb cuts, roads, parking lots, lighting, or landscaping, such minor alterations may be
authorized by the Administrative Officer pursuant to the standards in Section 14.05(I) for as-built
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plans and field changes, upon the advice of the City Engineer. Such authorization may be provided
if the proposed changes are within the spirit and intent of the Development Review Board's
approval and that they do not waive or substantially alter the function of any improvements
previously required by the Development Review Board. The modification of minor engineering or
construction details or improvements may be authorized by the City Engineer without further
approval, provided such changes do not alter the approved function, location or design of
structures, curb cuts, roads, or parking lots.
D. Inspection of Improvements.
(1) At least seven (7) days prior to commencing construction of any required
improvements(s), the subdivider shall advise the City Engineer, in writing, when the
construction of required improvements(s) shall begin and thereafter shall conform to any
inspection schedule as may be set forth by the City Engineer. Inspections shall be carried out so
as to assure satisfactory completion of improvements or stipulations required by the
Development Review Board. A written record of inspections shall be maintained.
(2) The City Engineer may, at his discretion, designate a qualified inspector other than
himself to perform inspections as needed during the installation of required improvements and
attest to the satisfactory completion of such work.
E. Proper Installation of Public Facilities and Improvements
(1) Prior to construction of required public facilities and improvements, the subdivider or
developer shall submit contract documents and working drawings, certified by a licensed
engineer, for the required improvements to the City Engineer or his designee for approval. The
City Engineer or his designee shall give his approval or denial within a period of two weeks. If
requested by the subdivider or developer, the City shall make reasonable periodic inspections
and, as soon as possible, in writing, notify the subdivider or developer of any deficiencies found.
(2) Within fourteen (14) days of completion of the public facilities and improvements, the
subdivider or developer shall submit to the City Engineer as-built construction drawings,
certified by a licensed engineer. The City Engineer shall then inspect the required public
facilities and improvements within forty-five (45) days after said submission and determine if all
the required improvements have been constructed in accordance with the submitted drawings
and the final plat approval. He/she shall report findings within thirty (30) days, in writing, to the
Administrative Officer with a copy to the subdivider or developer. In the event deficiencies are
found and are not remedied by the subdivider or developer, within two (2) weeks of receipt of
notice, or within an alternative period of time mutually agreed upon by the Administrative
Officer and the subdivider or developer after receipt of notice, the Administrative Officer shall
notify the holder of the surety and take all necessary steps to preserve the City's rights under
any performance bond, escrow account, or letter of credit. If all required public facilities and
improvements are found to be properly completed, the Administrative Officer shall recommend
that the City Treasurer release or close the performance bond, escrow account, or letter of
credit in accordance with Section 15.15 of these Regulations.
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15.15 Performance Bonds, Escrow Accounts and Letters of Credit.
A. Public Facilities and Improvements.
(1) As used in Sections 15.14, 15.15 and 15.16, public facilities and improvements@ shall
include, without limitation, streets, sidewalks, recreation paths, curbing, water and sewer
mains and pipes, stormwater infrastructure, pipes and catch basins, fire hydrants, parks,
recreational facilities and other improvements which are public or are intended to become
public.
(2) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish
the City with a suitable performance bond, escrow account, or letter of credit in an amount
sufficient to cover the full costs of all proposed public facilities and improvements and ancillary
site improvements and their maintenance for two years after completion.
(3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer
has deemed the work to be complete in accordance with City approvals and regulations and for
two years thereafter, but in no case for a longer term than three years. However, with the
consent of the applicant, subdivider or developer, the term of that bond, escrow account or
letter of credit may be extended for an additional period not to exceed three years. If any
public facilities and improvements have not been installed or maintained as provided within the
term of the bond, escrow account or letter of credit then the amount secured by the bond,
escrow account or letter of credit shall be forfeited to the City.
(4) Partial release of bond, escrow accounts or letters of credit for public facilities and
improvements. Upon a determination by the City Engineer that a phase of the construction of
public facilities and improvements is complete as provided in Article 15.14(E)(2), the
Administrative Officer may recommend that the City Treasurer approve a partial release of the
amount of the bond, escrow account or letter of credit equivalent to the phase or portion of
the completed construction, up to a maximum of 90% of the original amount. Any amounts
that the City Treasurer releases shall not exceed the proportion of the total project that has
been built, up to a maximum of 90% of the original amount. The remaining 10% of the original
amount of the bond, escrow account or letter of credit only shall be released upon the
determination of the City Engineer that the public facilities and improvements have been
maintained for two years after the City Engineer determined the public facilities and
improvements to be complete. Upon a determination by the City Engineer that the public
facilities and improvements have been maintained as provided within the term of the bond,
escrow account or letter of credit, the Administrative Officer may recommend that the City
Treasurer approve the release of the remaining 10% of the original amount.
B. All other bonds, escrow accounts, or letters of credit required by these Regulations,
including but not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and
required demolition and removal of buildings.
(1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish
the City with a suitable performance bond, escrow account, or letter of credit in an amount
sufficient to guarantee all landscaping and plantings as required under Article 14, and any site
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restorations or rehabilitations as required under Article 3 or Article 13, for a period as described
in this section.
(2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of
buildings required by Article 3.09. Bonds, escrow accounts or letters of credit for the
demolition and removal of a principal building upon the construction and occupancy of a new
principal building, as required by Article 3.09 of these Regulations, shall run for a period of two
(2) years. The Administrative Officer may recommend that the City Treasurer approve the
release of the bond, escrow account or letter of credit upon a demonstration of compliance
with Article 3.09(E)(3). If an applicant, subdivider or developer does not demonstrate
compliance with Article 3.09(E)(3) as provided within the term of the bond, escrow account or
letter of credit, then the amount secured by the bond, escrow account or letter of credit shall
be forfeited to the City.
(3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required by Articles 3, 13
and 14. All other bonds, escrow accounts, or letters of credit shall run for a period of three (3)
years. However, with the consent of the applicant, subdivider or developer, the term of that
bond, escrow account or letter of credit may be extended for an additional period not to
exceed three years. If any required work has not been constructed, installed or maintained as
provided within the term of the bond, escrow account or letter of credit then the amount
secured by the bond, escrow account or letter of credit shall be forfeited to the City.
C. Amount of Bonds. The amount of such bond, escrow account or letter of credit shall be
established by the Development Review Board and shall be equal to: 100% of the estimated project
costs for public facilities and improvements, plus a 15% contingency; or 100% of the estimated
project costs for all other types of bonds required by these Regulations. The applicant, subdivider
or developer shall be responsible for providing accurate cost estimates. Where amounts are not
specified by these Regulations, the City Engineer shall review all cost estimates and provide a
recommendation to the Board. The Board may invoke technical review to confirm the accuracy of
estimates.
D. Form of Bonds, escrow accounts, and letters of credit. The form of any such bond, escrow
account, or letter of credit shall be approved by the City Attorney and City Council and shall include
procedures for the City to make use of such funds in accordance with 24 VSA § 4464.
E. "As-built" construction drawings and plans shall be submitted in paper and digital form to,
and approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the
installation of all required improvements.
15.16 Acceptance of Streets and Required Public Facilities and Improvements
The approval by the Development Review Board of a PUD or subdivision plat or a site plan shall not
be deemed to constitute or be evidence of any acceptance by the City of any streets, easements,
water and sewer facilities, or open space, or other public facilities and improvements shown on the
subdivision plat or site plan. Final acceptance of all proposed streets and required public facilities
and improvements shall be in conformance with steps and procedures established by the City
Council and/or appropriate City Commissions and/or Boards. Final acceptance shall not take place
until after the City Engineer has determined that required public facilities and improvements have
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15-29
been satisfactorily completed and after all bonds, escrow accounts or letters of credit, other than
an amount that may be required to cover maintenance and guarantee work for a two-year period,
have been released or closed.
15.17 Certificate of Title
The final plat application for a minor or major subdivision or PUD shall be accompanied by a
Certificate of Title showing the ownership of all property and easements to be dedicated or
acquired by the City, and said Certificate of Title shall be approved by the City Attorney. All
proposed legal documents purporting to convey property or easements to the City shall also
accompany the final plat application for a minor subdivision or major subdivision, and be approved
by the City Attorney.
15.18 Criteria for Review of PUDs, Subdivisions and Master Plans
A. General Standards. In all zoning districts of the City, the DRB shall make findings of fact on a
PUD, subdivision and/or Master Plan in keeping with the standards for approval of subdivisions in
Article 15 and/or site plans and conditional uses in Article 14. PUD, subdivision and Master Plan
applications in the Central District shall meet the standards and criteria applicable in the
appropriate sub-district and shall be consistent with the Comprehensive Plan goals for the City
Center. For PUD, subdivision and/or Master Plan applications within the SEQ, IO and R1-Lakeshore
districts, the DRB shall also make positive findings with respect to the project’s compliance with the
specific criteria in this section.
The general standards applicable to all PUDs, subdivisions and Master Plans are:
(1) Sufficient water supply and wastewater disposal capacity is available meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a City
water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit
from the Department of Environmental Conservation.
(2) Sufficient grading and erosion controls will be utilized during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the DRB may
rely on evidence that the project will be covered under the General Permit for Construction
issued by the Vermont Department of Environmental Conservation.
(3) The project incorporates access, circulation and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any technical
review by City staff or consultants.
(4) The project’s design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the
site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations
related to wetlands and stream buffers, and may seek comment from the Natural Resources
Committee with respect to the project’s impact on natural resources.
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(5) The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning
district(s) in which it is located.
(6) Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or stream
buffer areas.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee
to insure that adequate fire protection can be provided, with the standards for approval
including, but not be limited to, minimum distance between structures, street width, vehicular
access from two directions where possible, looping of water lines, water flow and pressure, and
number and location of hydrants. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal water.
(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that
is consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council.
(10) The project is consistent with the goals and objectives of the Comprehensive Plan for
the affected district(s).
B. Industrial-Open Space District. A Master Plan and/or PUD in the Industrial-Open Space
District shall comply with the following standards:
(1) Open space and development areas shall be located so as to maximize the aesthetic
values of the property in keeping with the Comprehensive Plan goal of preserving and
enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing
carefully planned development.
(2) Open space and any buffering shall be located in a manner that minimizes impacts on
adjacent residential uses, if any.
C. R1-Lakeshore District. A Master Plan shall be required for development of more than ten (10)
residential units in a five (5) year period in the R1-Lakeshore District. Development pursuant to a
Master Plan shall be subject to the following supplemental standards:
(1) Gross residential density shall be allowed to be increased to seven (7) dwelling units per
acre
(2) Dwelling units shall not exceed two and one-half (2 ½) stories in height.
(3) The layout of the PUD conforms to the City’s Official Map with respect to the layout of
roads and open spaces.
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(4) The proposed PUD maximizes the lakeshore recreation and access opportunities and the
conservation of historic resources.
(5) The proposed PUD protects the visual integrity of the lakeshore.
15.19 Minor Lot Line Adjustments
A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by
a Vermont licensed land surveyor and indicating all lots that are proposed to be modified as a
result of the proposed lot line adjustment. The survey shall be sufficient to clearly indicate the area,
metes, bounds, and ties of each of the affected lots. The survey shall include all structures and site
improvements and delineate all building/structure setbacks, lot coverage, parking spaces and any
other details as may be specified by the Administrative Officer.
B. The Administrative Officer shall approve an application for a minor lot line adjustment,
provided that the following criteria are met:
(1) No new lots are created through the adjustment;
(2) The sale or exchange of parcels of land is between adjacent property owners;
(3) The relocation of the lot-line does not result in the creation of a non-conforming lot,
structure or use; and,
(4) The proposed change does not violate any conditions imposed from prior municipal
approvals.
C. Where, there is uncertainty as to whether an application comprises a minor lot line
adjustment, the Administrative Officer may refer the application to the Development Review Board
for review as a subdivision of land.
ARTICLE 16 CONSTRUCTION and EROSION CONTROL STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
16-1
16 CONSTRUCTION and EROSION CONTROL STANDARDS
16.01 Purpose
16.02 Applicability
16.03 Standards for Erosion Control during Construction
16.04 Excavation and Grading
16.01 Purpose
It is the purpose of this Article to provide standards for proper erosion control and landscaping
during and after land development activity in the City in order to prevent the adverse effects of
erosion and runoff on the City’s residents, surface waters, and air quality.
16.02 Applicability
Nothing in this Article shall be interpreted to supersede applicable permit conditions in an
applicable permit issued by a superseding authority, including but not limited to those issued by
the Vermont Department of Environmental Conservation or a permit issued by the Vermont
Environmental Board pursuant to 24 VSA Chapter 151 (Act 250).
16.03 Standards for Erosion Control during Construction
A. Natural Cover. Land shall be subdivided and improved in reasonable conformity to existing
topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural
contours, and to limit storm water runoff, and to conserve the natural cover and soil. After
application for approval has been submitted to the Development Review Board, no topsoil, sand or
gravel shall be removed from the subdivision for any other purpose than to meet construction
needs of that particular subdivision or to meet any requirements of these regulations.
B. Erosion and Sediment Control.
(1) The smallest practical area of land should be exposed at any one time during
development. When land is exposed during development, the exposure should be kept to the
shortest practical period of time.
(2) Land shall not be left exposed during the winter months.
(3) Where necessary, temporary vegetation and/or mulching and structural measures shall
be required by the Development Review Board to protect areas exposed during the
development.
(4) Sediment basins (debris basins, desalting basins, or silt traps) shall be installed and
maintained during development to remove sediment from run off water and from land
undergoing development.
(5) The permanent final vegetation and structures shall be installed as soon as practical in
the subdivision.
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16-2
(6) Adequate and permanent measures shall be taken at culvert outfalls to minimize or
prevent erosion and disruption of drainageway areas.
C. Site Restoration. After completion of construction, suitable grading or seeding shall be
done to restore the condition of any disrupted portion of a site.
16.04 Excavation and Grading
A. General. All excavating and filling required for construction of improvements shall be as
specified within this Section. The entire area of work shall be brought to the required lines and
grades by excavation or filling. Excavation material, if suitable, may be used in making
embankments and in filling low areas. A minimum of four (4) inches of top soil shall be provided to
cover overall finished slopes. This material shall be spread uniformly over all finished slopes. All
streets shall be graded from property lines to property line to approved grade and cross section.
B. Fill. No stumps, wood, roots, sod, other fibrous materials or refuse shall be used as fill.
C. Embankments. Embankments shall be formed of suitable and acceptable excavated
materials and brought to the required lines and grades. The materials for embankment shall be
placed in successive horizontal layers not exceeding six (6) inches in depth extending across the
entire fill area. They shall be spread by a bulldozer or other acceptable method, and shall be
thoroughly compacted. Where embankments are made of rock, the rock shall be so deposited that
all voids are filled with earth and in such a way that the compaction specified above may be
secured.
D. Subgrade. Upon completion of filling and excavating, the subgrade shall be formed to the
required grade and contour, and the entire surface again rolled as specified above. High spots shall
be removed and low spots filled with the acceptable material and the process of leveling and rolling
continued until no further depression results.
E. Side Slopes. Side slopes in embankments and on roadside drainage ditches shall descend
one (1) foot vertically for at least each two (2) feet horizontally (2 on 1). Surplus material resulting
from excavation of the road prism shall be used to flatten slopes of embankment so that they
ascend one (1) foot vertically for at least (2) feet horizontally (2 on 1). Side slopes in excavation
rock shall ascend six (6) feet vertically for at least each one (1) foot horizontally (1 on 6). Where
rock cuts have a face higher than ten (10) feet vertically, a three (3) foot berm shall be provided at
each ten (10) foot level above the grade at the edge of the pavement. Side slopes shall not be
graded so as to extend beyond the limits of the road right-of-way onto land not part of the
subdivision unless a suitable slope easement has been properly established and granted by the
affected property owner.
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
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17 ADMINISTRATION and ENFORCEMENT
17.01 General Provisions
17.02 Zoning Permits
17.03 Certificates of Occupancy
17.04 Expiration of Permits and Approvals
17.05 Revocation of Permits and Approvals
17.06 Fees, notifications, and digital submissions
17.07 Planning Commission
17.08 Development Review Board
17.09 Design Review Committee
17.10 Amendments to Regulations and Maps
17.11 Violations
17.12 Penalties
17.13 Appeals
17.01 General Provisions
A. Applicability of Vermont Planning and Development Act.
Administration and enforcement of these regulations, the effect of the adoption of these
regulations, the appointment and powers of the Administrative Officer, the appointment and
powers of the Development Review Board, the requirement for zoning permits and certificates of
occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals
and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont
Statutes Annotated, known as the Vermont Planning and development Act, shall be applicable to
these regulations, as such provisions now provide or may hereafter be amended. [reserved]
17.02 Zoning Permits
A. Zoning Permit Required. No land development may be commenced within the area
affected by these regulations without a zoning permit issued by the Administrative Officer. No
zoning permit may be issued by the Administrative Officer except in conformance with these
regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a
zoning permit shall provide the Administrative Officer with any and all information the
Administrative Officer deems necessary to ascertain compliance with these zoning regulations.
Such permit shall not be effective until the time for appeal has expired, or such appeal has been
adjudicated, in accordance with the Vermont Planning and development Act.
17.03 Certificates of Occupancy
A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or
occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly
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or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued
therefor by the Administrative Officer.
B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for
single-family or two-family dwellings located outside of the Floodplain Overlay (Zones A, AE, and
A1-30) Subdistrict.
C. Final Inspection and Certificate Issuance. Within thirty (30) days after notification in the
form of a complete application made to the Administrative Officer that a building or structure or
premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative
Officer to have made a final inspection thereof and issue a certificate of occupancy if the project is
found to conform with the provisions of this ordinance.
D. Temporary Certificate of Occupancy. Upon written request of the owner or his authorized
representative, the Administrative Officer may issue a temporary certificate of occupancy for the
purposes described above provided the owner or his authorized representative can demonstrate
that any and all City approvals or permits have been obtained and complied with to the fullest
extent possible, barring uncontrollable factors such as inclement weather that may have prevented
final paving or installation of required landscaping. The temporary certificate of occupancy shall
remain in effect for a period not to exceed six (6) months at which time the owner or his
representative must obtain a certificate of occupancy as provided in Sections 17.03(A) and (C)
above. No more than one (1) temporary certificate of occupancy may be issued per approval.
17.04 Expiration of Permits and Approvals
A. Zoning Permits. A zoning permit shall expire six (6) months from its date of issue unless
there is a reasonable amount of objective evidence of intent to pursue the furtherance of the
project for which the permit was issued.
B. Expiration of Approvals. Conditional uses, variances and site plan approvals shall expire six
(6) months from the date of their approval by the Development Review Board or Administrative
Officer, unless there is a reasonable amount of objective evidence of intent to pursue the
furtherance of the project for which the permit was issued. The Development Review Board may
grant a longer period of approval for multi-phase development or for other projects that may
reasonably require a longer period before start of construction. In addition, one (1) extension to an
approval may be granted if reapplication takes place before the approval has expired and if the
Development Review Board determines that conditions are essentially unchanged from the time of
the original approval. In granting such an extension, the DRB may specify a period of time of up to
one (1) year for the extension.
C. Subdivision Approvals.
(1) Expiration of Subdivision Approval. If no action is taken by the subdivider to construct
substantially his proposed subdivision within three years of the final plat approval, said
approval shall become null and void; however, said approval may be extended for up to two
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17-3
additional years if, after a public hearing, the Development Review Board determines that the
developer has, since final plat approval, been diligently and consistently pursuing financing or
other approvals necessary for the project
(2) Enforcement and Penalties for Subdivision Violations. Any person who violates any of
the provisions of these regulations related to a subdivision approval shall be fined not more
than one hundred dollars ($100) for each offense, and each day that a violation continues shall
constitute a separate offense. Any person who sells, transfers, or agrees to sell or transfer any
land in a subdivision or land development or erects any structure thereon without first having
recorded a duly approved final plat under these regulations shall be fined not more than one
hundred dollars ($100), and each lot, parcel, or unit so sold, transferred or agreed to be sold or
transferred shall be deemed a separate violation.
(3) Nothing herein contained shall be deemed to bar any other legal or equitable remedy
provided in the Vermont Planning and Development Act as presently enacted and as from time
to time hereinafter amended, or otherwise, to restrain, correct or prevent any violation of
these regulations or prosecute violators thereof.
17.05 Revocation of Permits and Approvals
[reserved]
17.06 Fees, notifications, and digital submissions
A. Fees and digital submissions. The City Council shall prescribe and may revise by resolution
reasonable fees to be charged with respect to the administration of these regulations. Such fees
shall incorporate the cost of public warning of applications. All applications subject to site plan
review, and all applications before the Development Review Board, shall include a digital copy of all
materials submitted.
B. Notifications. Pursuant to 24 VSA 4464(a)(3), the applicant shall be required to bear the
cost and responsibility of notification of adjoining landowners. The applicant shall be required to
demonstrate proof of delivery in the form of a listing of all recipients and their addresses,
supported by a sworn certificate of service.
17.07 Planning Commission
A. Authorization. The City of South Burlington City Council shall appoint a Planning
Commission.
B. Members and Terms of Office. Membership and Terms of Office for the Planning
Commission are set forth in the City Charter, 24 V.S.A. App §13-701. All members shall be
appointed by the City Council. All members may be compensated and reimbursed by the City of
South Burlington for necessary and reasonable expenses. All members of the Planning Commission
shall be residents of the City of South Burlington.
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Any member may be removed at any time by a unanimous vote of the City Council. If a member
relocates to another municipality before his or her term of office expires, such member shall be
replaced.
D. Procedural Rules. The Planning Commission shall elect its chairman and a clerk. The
Planning Commission shall keep a record of its resolutions, transactions, and findings of fact, which
shall be maintained as a public record of the municipality. The Planning Commission shall adopt by
majority vote of those members present and voting such rules as it deems necessary and
appropriate for the performance of its functions.
E. Powers and Duties. The planning commission shall exercise all powers and duties as
provided for in the City Charter, 24 V.S.A. App. § 13-702.
17.08 Development Review Board
A. Authorization. The City of South Burlington City Council shall appoint a Development
Review Board.
B. Members. The development review board shall have not fewer than five (5) nor more than
nine (9) voting members. All members shall be appointed by the City Council. All members may be
compensated and reimbursed by the City of South Burlington for necessary and reasonable
expenses. The City Council may appoint alternates to the members to serve in situations when one
or more members of the board are disqualified or are otherwise unable to serve. Vacancies shall be
filled by the City Council for the unexpired terms and upon the expiration of such terms. Each
member of the Development Review Board may be removed for cause by the City Council upon
written charges and after public hearing.
C. Term of Office [reserved]
D. Procedural Rules. The Development Review Board shall elect its own officers and adopt
rules of procedure, subject to Vermont Municipal Planning and Development Act Title 24, Part 2,
Chapter 117, Section 4462. Meetings shall be held two times each month or at the call of the
chairman and at such times as the board may determine. All meetings of the board shall be open to
the public. The board shall keep minutes of its proceedings, showing the vote of each member
upon each question, or, if absent or failing to vote, indicating this. The board shall keep records of
its examinations and other official actions, all of which shall be immediately filed in the City Clerk's
office as a public record. For the conduct of any hearing and the taking of any action, a quorum
shall not be less than a majority of the members of the board, and any action thereof shall be taken
by the concurrence of a majority of the board.
E. Powers and Duties. In connection with any proceeding:
(1) The officers of the development review board may administer oaths and compel the
attendance of witnesses and the production of material germane to any issue under appeal.
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(2) The board may set such reasonable fees for filing notices of appeal and other acts as it
deems proper; the payment of which shall be a condition to the validity of such filing or act
under Title 24, Chapter 117.
(3) The board may examine or cause to be examined any property, maps, books, or records
bearing upon the matters concerned in such proceeding,
(4) The board may require the attendance of any person having knowledge in the premises.
(5) The board may take testimony and require proof material for its information.
(6) The board may administer oaths or take acknowledgment in respect of such matters.
17.09 Design Review Committee
A. Authorization. The City of South Burlington City Council may appoint a Design Review
Committee to advise the Development Review Board and the Planning Commission.
B. Members. Any Design Review Committee shall have not fewer than five (5) voting
members. All members shall be appointed by the City Council. All members may be compensated
and reimbursed by the City of South Burlington for necessary and reasonable expenses. All
members of a design review committee shall be residents of the City of South Burlington. The City
Council may appoint alternates to the members to serve in situations when one or more members
of the board are disqualified or are otherwise unable to serve.
C. Term of Office. The term of each member shall be three (3) years, except that the terms of
the members first appointed shall be so staggered that no more than two shall be reappointed or
replaced during any future calendar year. Any appointment to fill a vacancy shall be for the
unexpired term and shall be made as soon as practicable. If a member relocates to another
municipality before his or her term of office expires, such member shall be replaced by the City
Council. Each member of a Design Review Committee may be removed for cause upon written
charges and after public hearing held before the City Council. In such a case, a majority of voting
members of the City Council shall be required to remove a committee member.
D. Procedural Rules. A Design Review Committee shall elect its own officers and adopt rules of
procedure, subject to Vermont Municipal Planning and Development Act Title 24, Part 2, Chapter
117, Section 4462. Meetings shall be held no less than once a month or at the call of the chairman
and at such times as the committee may determine. All meetings of the committee shall be open to
the public. The committee shall keep minutes of its proceedings, showing the vote of each member
upon each question, or, if absent or failing to vote, indicating this. The committee shall keep
records of its examinations and other official actions, all of which shall be immediately filed in the
City Clerk's office as a public record. For the taking of any action, a quorum shall not be less than a
majority of the members of the committee, and any action thereof shall be taken by the
concurrence of a majority of the committee.
E. Powers and Duties.
(1) General. A design review committee is authorized to administer design review overlay
regulations as contained in these regulations. The committee may examine or cause to be
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examined any property, maps, books, or records bearing upon the matters concerned in a
design review proceeding.
F. Central District [reserved]
G. Commercial 1 C1 Districts [reserved]
17.10 Amendments to Regulations and Maps
[reserved]
17.11 Violations
[reserved]
17.12 Penalties
[reserved]
17.13 Appeals
Any interested party may appeal a decision of the Administrative Officer to the Development
Review Board within fifteen (15) days of the date the Director's or Administrative Officer’s decision
is reported to the Development Review Board. Notice of an appeal shall comply with the provisions
of 24 VSA, Section 4465. The Development Review Board shall review an appeal in accordance with
the standards and procedures applicable to the type of review in question.
APPENDIX A PERFORMANCE STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
A-1
A PERFORMANCE STANDARDS
A.1 Fire and Explosion Hazards
(a) All activities involving storage of flammable and explosive materials shall be provided with
adequate safety and fire-fighting devices in accordance with all applicable state and local laws and
regulations.
(b) Burning of waste materials in open fires is prohibited.
A.2 Vibration
(a) No vibration shall be produced which is transmitted through the ground and is discernible
without the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed
0.002g peak at up to 60 cps frequency, measured at or beyond the lot lines using either seismic or
electronic vibration measuring equipment.
(b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce
accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval
greater than 5 minutes shall not induce accelerations exceeding .01g.
A.3 Noise
(a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be
deemed detrimental to the health and safety of the residents of the City of South Burlington:
(i) Defect in vehicle or operation of vehicle. The operation of any automobile or motorcycle
in such a manner as to create squealing, or squealing of tires, or loud and unnecessary
grating, grinding, exploding-type, rattling, or other noises.
(ii) Loud speakers, amplifiers for advertising. The using, operating or permitting to be
played, used or operated of any radio receiving set, musical instrument, phonograph, loud
speaker, sound amplifier, or other machine or device for the producing or reproducing of
sound which is cast upon the public streets for the purpose of commercial advertising or
attracting the attention of the public.
(iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile,
motorcycle or other vehicle except as a danger warning; the creation, by means of any
other signaling device, of any unreasonable loud or harsh sound; and the sounding of any
such device for unnecessary and/or unreasonable periods of time.
(iv) Radios, phonographs, etc. The using, operating or permitting to be played, used or
operated of any radio or television receiving set, musical instrument, phonograph, or other
machine or device for producing or reproducing of sounds in such a manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants or any time with louder volume
than is necessary for convenient hearing for the person or persons who are in the room,
APPENDIX A PERFORMANCE STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
A-2
vehicle or chamber in which such a machine or device is operated and who are voluntary
listeners thereto.
(v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal
combustion engine, motor boat, or motor vehicle, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(vi) Noise in general. Any noise which is deemed objectionable because of volume,
frequency or beat and is not muffled or otherwise controlled.
(b) Specific Standards
(i) The creation of, permitting or operation of any of the above sets, instruments, devices or
vehicles causing said noise in such a manner as to be plainly audible at a distance of fifty
feet (50’) from the building, structure or vehicle from which noise emanates shall be prima
facie evidence of a nuisance and a violation of these Regulations.
(ii) It shall be a violation of these Regulations for any property owner to create or allow the
creation of noise in excess of the following stated limits in the City during the hours of 12:00
AM and 8:00 AM:
a. 45 dBA based on a one-hour average measured at any point where the property
on which the noise emanates adjoins any property used for residential purposes.
b. 60 dBA based on a one-hour average measured at any point where the property
on which the noise emanates adjoins any property used for commercial purposes.
(iii) For purposes of this Appendix, the following terms shall be defined as stated below:
a. Decibel – a unit measure of sound level.
b. Sound level – in decibels measured by a sound meter, by using the “A” frequency
weighing, expressed in dBA.
c. Average sound level – a sound level during a given period of time (e.g. one hour)
found by the general rule of combination of sound levels. Also called “equivalent
sound level.”
(c) Exemption
(i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for
which a proper permit has been issued are specifically exempt from the provisions of these
Regulations.
(ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt
from the provisions of these Regulations.
(iii) Temporary actions benefiting the public, including but not limited to roadway
construction, sewer and water line construction, and special public events, are specifically
exempt from the provisions of these Regulations upon approval of such an exemption by
the City Manager.
APPENDIX A PERFORMANCE STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
A-3
(d) Sound Measurement Standards. Sound shall be measured in accordance with the standards
specified by the American National Standards Institute.
A.4 Air Pollution
(a) Visible emissions. There shall not be discharged into the atmosphere from any source at any
time any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart,
except under specified conditions contained within air pollution standards). This shall include
emissions of air pollutants of such capacity as to obscure an observer’s view to a degree equal to or
greater than the above visible emission standard. Visible emission of any kind at ground level past
the lot line of the property on which the source of the emissions is located are prohibited.
(b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air
shall be subject to the requirements of all applicable local, state, and federal regulations.
A.5 Odors
(a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as
to be readily detected or as to interfere unreasonably with the comfort of the public.
(b) Any process which may involve the creation or emission of any odors shall be provided with a
secondary safeguard system so that control will be maintained if the primary safeguard system
should fail.
(c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951
by the Manufacturing Chemists’ Association, Inc. or its equivalent shall serve as a guide to
determining such quantities of offensive odors.
A.6 Electromagnetic Radiation
(a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of
electromagnetic radiation except in compliance with the applicable regulations of the Federal
Communications Commission or the Inter-department Radio Advisory Committee regarding such
sources of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an
abnormal degradation in performance of other electromagnetic radiators or electromagnetic
receptors of quality and design because of proximity, primary field, blanketing, spurious re-
radiation, harmonic content, modulation or energy conducted by power or telephone lines.
(b) The determination of “abnormal degradation in performance” and “of quality and property
design” shall be made in accordance with good engineering practices as defined in the most
current principles and standards of the Institute of Electrical and Electronic Engineers.
A.7 Radioactive Radiation
(a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the
property line.
APPENDIX A PERFORMANCE STANDARDS
South Burlington Land Development Regulations Effective January 25, 2016
A-4
(b) The handling of radioactive materials, the discharge of such materials into air and water, and
the disposal of radioactive materials shall be in conformance with all applicable state and federal
regulations.
A.8 Heat
(a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive,
conductive, or convective nature.
(b) Heat emitted at any or all points shall not at any time cause a temperature increase on any
adjacent property, whether such change be in the air or the ground, in a natural stream or lake, or
in any structure on such adjacent property.
A.9 Direct Glare
(a) Direct glare is defined for the purposes of these Regulations as illumination within property
lines caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or
from such high temperature processes as welding or petroleum or metallurgical refining.
(b) No such direct glare shall be permitted, except that parking areas and walkways may be
illuminated by luminaries so hooded or shielded that the angle of maximum candlepower shall be
sixty degrees (60o) drawn perpendicular to the ground. Such luminaries shall be placed not more
than thirty feet (30’) above ground level and the maximum illumination at ground level shall not be
in excess of an average of three (3) foot candles.
A.10 Indirect Glare
(a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property
lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
(b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles
maximum, and 0.1 foot candles average.
(c) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes,
is specifically prohibited.
A.11 Liquid and Solid Wastes
No discharge or emission of any potentially dangerous or offensive elements shall be permitted at
any point into any sewage disposal system, water supply system, watercourse, or lake, or into the
ground or air, except in accord with all applicable local, state and federal regulations.
A.12 Other Requirements
Where the requirements of these performance standards may be replaced by newer standards or
may conflict with other local, state or federal statutes or regulations, the stricter standards shall
apply.
APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations Effective January 25, 2016
B-1
B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
B.1 Calculating the Maximum Allowable Traffic Generation (Traffic Budget)
The maximum allowable traffic generation is a function of the specific Traffic Overlay District zone
that the parcel is located in, a function of the type of connection (if the parcel is located in Zone 2),
and a function of the size of the parcel. If, for instance, a parcel is located in Zone 2 along a high-
volume roadway section, and it is proposed to be connected via a private driveway (case 2A), and
the parcel has a total area of 60,000 square feet, the maximum allowable traffic generation is
60,000/40,000 X 20 equals 30 vehicle trips. If that same parcel would be connected to the high-
volume roadway via a public road with a signalized intersection or a roundabout (case 2C) the
maximum allowable traffic generation would be 60,000/40,000 X 30 equals 45 vehicle trips. The
maximum allowable traffic generation refers to the number of vehicle trips generated during the
afternoon (P.M.) peak hour of the adjacent street traffic, the highest continuous hour between 4
pm and 6 pm. The actual traffic generation of the proposed use as calculated per sections B2 and
B3 below must not exceed the maximum allowable traffic generation – the traffic budget.
B.2 Calculating the Traffic Generation of the Proposed Use
To calculate the traffic generation of the proposed use the applicant must use the latest version of
the ITE TRIP GENERATION manual (the 7th Edition of 2003 and subsequent editions). The ITE rates
must be used whenever possible. The following are specific guidelines that need to be followed:
Choice of Independent Variable: The independent variable is the characteristic of the proposed
project that is used to estimate the project’s traffic generation. For many uses the ITE manual gives
a choice of independent variables that can be used. For instance, for office buildings one can use
the gross building floor area or the number of employees as an independent variable. For the
purposes of these land development regulations it is recommended that a primary measurement
be used as the independent variable, not a derived measurement. For instance, for office buildings
the floor area is a primary measurement, whereas the number of employees is generally an
estimate based on the floor area. The independent variable should be easily verifiable and should
be related to the land use type, not to the characteristics of the tenant/operator. The independent
variable that relates to the size of the use and that is the best trip generation predictor for the PM
Peak Hour of the Adjacent Street Traffic, One Hour between 4 PM and 6 PM, has to be used. See
the ITE Trip Generation Handbook, an ITE Recommended Practice, March 2001, for more
explanations and guidance.
Use of Regression Equations or Average Rates: The ITE TRIP GENERATION manual gives weighted
average trip generation rates for each use compiled in the manual. The use of average rates implies
a linear relationship between the size of the use and traffic generation, i.e. traffic generation
changes in direct proportion to its size. For some uses ITE also provides a regression equation that
represents a non-linear curve that best fits the data. The use of the regression equation takes into
consideration the fact that traffic generation is not always in direct proportion to the size of the
use. The use of the regression equation is recommended when: a) a regression equation is
APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations Effective January 25, 2016
B-2
provided, b) the independent variable is within the range of data given by ITE, and c) either, the
data plot has at least 20 points (studies), or the coefficient of determination (R²) is greater or equal
to 0.75, and the standard deviation is greater than 110% of the weighted average rate. The use of
weighted average rates is recommended when: a) there are at least 4 data points (studies), b) the
independent variable is within the range of data given by ITE, c) the standard deviation is less or
equal to 110% of the weighted average rate, and d) R²<0.75 or no equation is provided. If ITE
provides fewer than 4 data points the Development Review Board may require additional local
traffic generation studies.
Convenience Markets and Gasoline Providers: The ITE TRIP GENERATION manual has trip
generation rates for several related uses: Land Use # 944 Gasoline/Service Stations; Land Use #945
Gasoline/Service Station with Convenience Market; Land Use #946 Gasoline/Service Station with
Convenience Market and Car Wash; Land Use # 853 Convenience Market with Gasoline Pumps; and
Land Uses # 851 and 852 for Convenience Markets. The difference between use 945 and use 853 is
the primary purpose of the use. The primary business of Gasoline/Service Stations with
Convenience Markets is the fueling of motor vehicles, although they may also have facilities for
servicing and repairing motor vehicles. Generally these uses are operated by gasoline companies.
For Convenience Markets with Gasoline Pumps the primary business is the selling of convenience
items. Generally they are operated by companies other than gasoline companies. For Convenience
Markets with Gasoline Pumps (Use # 853) ITE gives PM peak hour generation rates for two
independent variables: Vehicle Fueling Positions and 1000 SF Gross Floor Area. Only average rates
are given for these two variables. The Gross Floor Area has a slightly lower standard deviation (58%
of the average as compared to 65% for the Vehicle Fueling Positions), and is therefore the
recommended variable for this use. This is also logical because the sale of convenience items is the
primary business of this use. For Gasoline/Service Stations with Convenience Markets the opposite
is true: the Vehicle Fueling Positions is the recommended variable. In some cases the Development
Review Board may require the use of more than one independent variable. In such cases the
applicant shall use the worst-case calculation.
When Local Traffic Generation Studies are Required: The use of ITE Trip Generation rates as the
baseline for these regulations is mandatory because it is considered to be an appropriate
measurement of the traffic impacts of a particular use category. There are, however, situations
when other traffic generation sources may be required. Other sources may include professionally
conducted traffic generation studies not included in the ITE TRIP GENERATION manual or local trip
generation studies conducted for the particular use. Local trip generation studies are required
when: a) the particular land use is not covered by ITE; b) there are fewer than 4 data points
(studies) in the ITE TRIP GENERATION manual; or c) the size of the use falls outside the range of the
TRIP GENERATION data points. Four data points are suggested as a minimum for the purposes of
this zoning code. If ITE provides only two data points, the Development Review Board may require
traffic generation studies at two additional sites.
Daily Traffic Variation: Typically traffic generation rates are for an average weekday, and are
collected on a Tuesday through Thursday. If a use has a regular peak on Fridays (such as shopping
centers) the Friday rate needs to be taken into consideration. The procedures given in the ITE
manual and handbook should be followed.
APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations Effective January 25, 2016
B-3
Traffic Generation of Multiple Uses on One Site:
Whenever more than one use or more than one commercial establishment is proposed on one site,
there is the potential for some vehicle trips to remain internal within the site. The total net traffic
generation for that site may therefore be less than the sum of the traffic generation volumes for
each use or establishment. This is sometimes referred to as the shopping center effect: as shopping
centers increase in size the traffic generation rate per
1000 square feet of floor area decreases. To take this effect into consideration it is recommended
that the percentage of internal trips be estimated for each trip interchange between the different
uses. Exhibit B1 shows a calculation example for a site with townhouses, with a health club and
with an office building.
The percentage of internal trips varies according to the market of that particular use. Some uses
are more oriented to local customers or users and may have a higher percentage of internal trips,
whereas other uses may draw from a larger distance and would therefore have a lower percentage
of internal trips. For example a health club tends to draw its customers from a smaller area than
the employees in an office building. Therefore the percentage of internal trips would be higher for
the home-to-health club trips, than for the home-to-office trips. Exhibit B1 shows the percentages
of internal trips to range from 5% to 15% for the individual interchanges. This is a reasonable range
for most situations, although there may be cases with higher percentages. The Trip Generation
Handbook, An ITE Recommended Practice, March 2001 may be consulted for further guidance.
The percentage of internal trips is applied to the lowest number of each trip interchange. For
instance, for the interchange of trips from the town houses to the health club (in Exhibit B1) 54
trips exit from the town houses and 66 trips enter the health club. The 15% is applied to the lowest
of the two numbers, 54 in this case. The resulting trip ends (8.1 in this case) are deducted from
both inbound and outbound trips. The example in Exhibit B1 shows that the total gross traffic
generation before credit for internal trips was 396 (164 plus 232) for the P.M. peak hour. This gross
generation was then reduced by 58 vehicle trips (29 plus 29) to account for internal traffic, to yield
a net generation of 338 trips (135 plus 203). This represents an overall reduction for internal trips
of 14.65%.
As the number of uses or establishments increases the overall percentage of internal trips will
increase.
B. 3 Estimating the Effects of Various Mitigation Strategies
The Development Review Board may grant traffic generation credits for a particular application if
the applicant commits to or implements measures or changes to the site that reduce the traffic
impacts. These credits will either decrease the site’s estimated traffic generation or they will
increase the traffic budget allowed for the site. Reduction in the Number of Driveways/Access
Points: For each existing driveway that will be eliminated the Development Review Board may
grant the applicant a traffic budget credit of 20 vehicle trips for that site. If the particular driveway
to be eliminated carries more than 40 vehicles during the P.M. peak hour at the time of the
APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations Effective January 25, 2016
B-4
application, the allowable increase in traffic budget would be half the number of trips on that
driveway. If for instance
the specific driveway carries today 70 vehicles in the P.M. peak hour, the allowable increase in
traffic budget would be 35 vehicle trips. However, the applicant needs to verify that the remaining
driveways will be able to handle the projected traffic with reasonable delays and queues.
Connection to Adjacent Parcel: Connecting one parcel to an adjacent parcel is similar to the
beneficial effects gained from multiple uses on one site: A certain proportion of trips will remain
internal to the two parcels instead of being external trips over the City’s street network. The same
calculation methodology is recommended as for the estimation of internal traffic for a site with
multiple uses. However, the calculation must distinguish between the internal trips on the one
parcel that is subject to the application and the trips between the two parcels. The applicant gets
full credit for the internal trips on the subject parcel, but only credit for half the trips being made
between the two parcels. In the case of multiple uses on one parcel all trip ends of the internal
traffic are on the same parcel, whereas for trips between two parcels half of the trip ends are on
one parcel and the other half is on the other parcel.
Exhibit B2 shows an example where Parcel A, the subject of the application, has a mix of a health
club and an office, and is proposed to be connected to Parcel B which has 150 town houses. First
Parcel A gets the credit for the trips being made between the office and the health club – a total
credit of 18 trips in this case. Then Parcel A gets credit for half the trips being made between Parcel
A and B – 19 trips in this case. The total gross traffic generation of 271 vehicle trips (93 plus 178)
has thus been reduced by 18 for internal trips within parcel A plus 19 trips for the interconnection
to Parcel B, a total reduction of 13.7%. The minimum traffic credit for a connection to an adjacent
parcel shall be 15 vehicle trips. The connection must also include a pedestrian path between the
buildings on both parcels. The pedestrian path can be a separate path or a striped walkway along
the traffic lanes. These connections must be practicable all year long and cannot become storage
areas for snow. If the connection consists of a pedestrian path only, the Traffic Budget credit shall
be 10 vehicle trips. For the above connections a reciprocal easement agreement shall be
established between the two property owners. The Traffic Budget credit that may be granted
under this provision is independent of whether the adjacent parcel is in a Traffic Overlay District
zone.
If a connection consists of emergency access only, NO credits shall be allowed.
Connection to Other Roadway: Connecting to another road or to a roadway section that is not in a
Traffic Overlay District zone will in effect reduce the amount of traffic generated in the Traffic
Overlay District. The applicant is allowed to reduce the traffic generation for the purposes of this
regulation by the amount of traffic that would reasonably use the connection. The percentage of
the traffic projected to use the connection must be supported by a traffic distribution analysis. The
connection under consideration must be practicable all year long and must satisfy standard design
requirements for a local driveway connection (minimum 11’ lanes, reasonable grades, etc) and
must be approved by the City’s Director of Public Works. The connection may be secured through
an official easement or a right-of-way acquisition.
Raised Medians/Right Turns In and Right Turns Out: Left turns in or out of a site are more
detrimental in terms of traffic safety and traffic flow than right turns. If an applicant eliminates left
APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations Effective January 25, 2016
B-5
turns in and out of a site through the construction of a new raised median, the Development
Review Board may grant a credit for the reduction or elimination of the left turns. This credit may
be granted as an increase to the Traffic Budget and may be as high as 50 % of the amount of left-
turn movements eliminated by the new median during the P.M. peak hour. Uses with access to an
arterial with an existing raised median preventing left turns in and out shall be granted an
automatic credit of 50%, per Section 10.02(G), and shall not be eligible for an additional credit for a
raised median. The applicant needs to submit a traffic study determining the amount of left-turn
movements without the raised median and the traffic pattern with the raised median. The
distribution of traffic must be justified through a market analysis or a count of similar driveways
nearby. The impacts of the left-turn elimination on adjacent intersections need to be analyzed. The
new raised median also needs to be approved by the City’s Director of Public Works.
Calculation Example of Mixed-Use Traffic Generation
Size
ITE
Category
1000 Sq.
Ft. or
Dwelling
Unit In Out In Out
231 150 0.47 0.36 Rate 71 54
71 54
493 25.0 2.62 1.68 Rate 66 42
710 75.0 0.37 1.81 Equation 28 136
93 178
Subtotal 164 232
Minus Internal Trips Internal %
Residential to Health Club 15%8.1 8.1
Residential to Office 5%1.4 1.4
Office to Health Club 10%6.6 6.6
Office to Residential 5%3.5 3.5
Health Club to Residential 15%6.3 6.3
Health Club to Office 10%2.8 2.8
Internal Trips 29 29
Net Subtotal 135 203
BFJ December 5, 2003
Note: The percentage of internal trips is applied to the lowest number of each trip
interchange. For instance, for the interchange of trips from residential to healthclub 54 trips
exit from the residential uses and 66 trips enter the healthclub use. The 15% is applied to the
lowest of the two numbers, 54 in this case. The resulting trip ends are deducted from both
inbound and outbound trips. The percentage of internal trips varies according to the types of
uses, and ranges in most cases between 5 and 15%.
PM Peak Hour
PM Peak Hour Trips
Low-Rise
Equation or
Average
Rate
ITE Rate
Residential
Non-Residential
Residential Total
Non-Residential Total
Health Club
General Office
Exhibit B1
APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES
South Burlington Land Development Regulations Effective January 25, 2016
B-6
Calculating the Benefits of Connecting to an Adjacent Parcel
Size
ITE
Category
1000 Sq.
Ft. or
Dwelling
Unit In Out In Out
493 25.0 2.62 1.68 Rate 66 42
710 75.0 0.37 1.81 Equation 28 136
93 178
Minus Trips Internal to Parcel A Internal %
Office to Health Club 10%6.6 6.6
Health Club to Office 10%2.8 2.8
Parcel A Internal Trips 9 9
Parcel A Net Subtotal 84 168
231 150 0.47 0.36 Rate 71 54
71 54
Minus Trips between Parcel A and Parcel B % Between two Parcels
Residential to Health Club 15%8.1 8.1
Residential to Office 5%1.4 1.4
Office to Residential 5%3.5 3.5
Health Club to Residential 15%6.3 6.3
Total Trips between Parcel A and Parcel B 19 19
BFJ December 5, 2003
Parcel B Subtotal
Low-Rise Condo/Townhouse
Equation or
Average
Rate
ITE Rate
Parcel B
Parcel A Subject to
Parcel A Gross Subtotal:
Health Club
General Office
Exhibit B2
PM Peak Hour
PM Peak Hour Trips
APPENDIX C USES and DIMENSIONAL STANDARDS C
South Burlington Land Development Regulations Effective January 25, 2016
C USES and DIMENSIONAL STANDARDS
The tables on the following pages describe the allowable uses in each zoning district in the City, and
the specific dimensional standards applicable to each. The tables are C-1, Table of Uses and C-2,
Table of Dimensional Standards.
APPENDIX C USES and DIMENSIONAL STANDARDS C-Residential/Institutional 1
South Burlington Land Development Regulations Effective January 25, 2016
RESIDENTIAL & INSTITUTIONAL
DISTRICTS
IA(1)PR MU R1 R2 R4 R7 R7-
NC(2)
R12 LN QCP SEQ-
NRP
SEQ-
NRT
SEQ-NR SEQ-VR SEQ-
VC(2)
Residential Uses
Single-family dwelling P P P P PUD PUD P P P P P P P
Two-family dwelling PUD P P P PUD PUD P P P P P P
Multi-family dwelling PUD PUD P PUD PUD PUD C PUD P P
Agricultural Uses
Horticulture & forestry with on-premise sales
Horticulture & forestry, no on-premise sales
Keeping of livestock on 10 acres or more P P P P P P P P P
Single-family dwelling related to agriculture P P P P P P P P P P P P P
Additional dwellings for farm employees P P P P P P P P P P P P P
Public & Quasi-Public Uses
Cemeteries
Community center PUD P P P C P P P
Congregate care, assisted living, or
continuum of care facility
C-TO C C C
Cultural facility PUD
Educational facility PUD P C C C
Educational support facilities PUD
Funeral homes and mortuaries C C
Group home
Group quarters PUD
Hospice P P
Municipal facility C P
Parks
Personal instruction facility P
Place of worship PUD P P P P P P P P P P
Recreation paths
Social services C-TO C
Commercial Uses
Conditional in all districts
Please see Section 13.12 for regulations.
Permitted in all districts
Permitted in all districts
Permitted in all districts; 3 acre minimum lot size in all districts.
Permitted in all districts
Institutional Residential Southeast Quadrant
APPENDIX C USES and DIMENSIONAL STANDARDS C-Residential/Institutional 2
South Burlington Land Development Regulations Effective January 25, 2016
RESIDENTIAL & INSTITUTIONAL
DISTRICTS
IA(1)PR MU R1 R2 R4 R7 R7-
NC(2)
R12 LN QCP SEQ-
NRP
SEQ-
NRT
SEQ-NR SEQ-VR SEQ-
VC(2)
Institutional Residential Southeast Quadrant
Adult use
Auto & motorcycle service and repair,
accessory use, no fueling pumps
C
Bed and breakfast, min. 1 acre lot C C C C C C C C(3)
Family child care home, registered or licensed P P P P P P P P P P P P P
Child care facility, licensed non-residential P P(7)P
Commercial greenhouse C-ACC
Commercial or public parking facility C C
Convenience store <3,000 SF within principal
structure
N-PUD P
Financial institution P
Golf course C C C
Office, general PUD C PUD-TO P PUD-TO C
Office, medical PUD-TO P PUD-TO C
Personal or business service, principal use P
Personal or business service, up to 3,000 SF
GFA per any one principal structure
N-PUD P C
Pet Grooming P
Photocopy & printing shops with accessory
retail
N-PUD
Private providers of public services, including
vehicle storage and maintenance
Recreation facility, indoor N-PUD C C C C C
Recreation facility, outdoor N-PUD C C C C
Research facility or laboratory PUD
Restaurant, short order N-PUD C
Restaurant, standard N-PUD C C
Retail and retail services up to 3,000 SF GFA
within any one principal structure
N-PUD P C
Retail food estab. <5,000 SF GFA N-PUD P C
Seasonal Mobile Food Unit P
Service station w/convenience store C
APPENDIX C USES and DIMENSIONAL STANDARDS C-Residential/Institutional 3
South Burlington Land Development Regulations Effective January 25, 2016
RESIDENTIAL & INSTITUTIONAL
DISTRICTS
IA(1)PR MU R1 R2 R4 R7 R7-
NC(2)
R12 LN QCP SEQ-
NRP
SEQ-
NRT
SEQ-NR SEQ-VR SEQ-
VC(2)
Institutional Residential Southeast Quadrant
Waste transfer stations C
APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 1
South Burlington Land Development Regulations Effective January 25, 2016
NON-RESIDENTIAL ZONING DISTRICTS C1(4)C1-
AUTO
C1-AIR C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR-IND
Residential Uses
Single-family dwelling PUD PUD PUD P P P
Two-family dwelling PUD PUD PUD P P
Multi-family dwelling PUD PUD PUD P P P P PUD PUD PUD
Accessory residential units
Agricultural Uses
Horticulture & forestry with on-premise sales
Horticulture & forestry, no on-premise sales
Keeping of livestock on 10 acres or more
Single-family dwelling related to agriculture P P
Additional dwellings for farm employees P P
Public & Quasi-Public Uses
Cemeteries
Community center P P P P P P PUD P
Congregate care, assisted living, or continuum of
care facility
C C C C C C
Cultural facility P P P P
Educational facility PUD C C C C C C C
Educational support facilities PUD(5)
Funeral homes and mortuaries C C C C C C C C C C C C C
Group home
Hospice P P P P P P P P P
Municipal facility P P C C
Parks
Personal instruction facility P P P P P P P P P P P P P P
Place of worship P P P P P P P P P P P P-ACC
Recreation paths
Skilled nursing facility C C C C C C C
Social services C C C C C C C C C C
Permitted in all districts
Please see Section 3.10 for regulations
AirportCommercial 1 City Center Other Commercial Heavy Commercial-
Industrial
Permitted in all districts
Conditional in all districts
Permitted in all districts; 3 acre minimum lot size in all districts.
Permitted in all districts
APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 2
South Burlington Land Development Regulations Effective January 25, 2016
NON-RESIDENTIAL ZONING DISTRICTS C1(4)C1-
AUTO
C1-AIR C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR-IND
AirportCommercial 1 City Center Other Commercial Heavy Commercial-
Industrial
Commercial & Industrial Uses
Adult use
Agriculture & construction equipment sales, service
& rental
P P
Airport Uses P P
Animal shelter C P
Artist production studio P P P P P P P P
Auto & motorcycle sales P P P
Auto & motorcycle service & repair P P P
Auto rental, with private accessory car wash &
fueling
P P P P P
Bed & breakfast C C
Cannabis dispensary (dispensing only)P P P P P P P P P P-TO
Cannabis dispensary (cultivation only)P P
Car wash P
Child care facility, licensed non-residential P P P P P P P P P P P P P
Commercial greenhouse PUD P P
Commercial kennel, veterinary hospital and pet day
care
C P P P P
Commercial or public parking facility C C C C C C C C C C C C
Contractor or building trade facility P P P P
Convenience store <3,000 SF within principal
structure
P P P P P P P P P P PUD P P P P
Convenience store, principal use P P
Distribution and related storage, with >15% of GFA
in office or other principal permitted use by same
tenant
C P P P
Drive-through bank PUD PUD PUD PUD
Equipment service, repair & rental P P
Family child care home, registered or licensed P P P P P P
Financial institution P P P P P P P P ACC P P
Flight instruction P P P
APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 3
South Burlington Land Development Regulations Effective January 25, 2016
NON-RESIDENTIAL ZONING DISTRICTS C1(4)C1-
AUTO
C1-AIR C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR-IND
AirportCommercial 1 City Center Other Commercial Heavy Commercial-
Industrial
General merchandise store PUD C C
Hotel PUD PUD C C C C C C
Hotel, extended stay PUD C C C C C C
Indoor theater P P P P P
Indoor vehicle storage, maximum 10,000 square
feet
P-ACC
Junk yard
Light manufacturing PUD PUD P P P P
Lumber and contractor’s yard P P P
Manufacturing & assembly from previously
prepared materials & components
P P P P PUD P P P P
Mobile home, RV and boat sales, repair & service P P
Motor freight terminal C P
Office, general P P P P P P P P P P PUD P P P
Office, medical P P P P P P P P P P PUD-TO P P-TO
Personal or business service, principal use P P P P(6)P P P P P P P P
Personal or business service, up to 3,000 SF GFA per
any one principal structure
P P P P P P P P P P P-ACC P P
Pet grooming P P P P P P P P P P P P
Photocopy & printing shops, with accessory retail P P P P P P P P P P P-ACC P P
Printing & binding production facilities C P P P P
Private providers of public services, including
vehicle storage and maintenance
P P P P
Processing and storage P P P P P P
Radio & television studio P P P C P P P
Recreation facility, indoor P P P P P P P P P P P-ACC P P
Recreation facility, outdoor C C C C C C C C
Research facility or laboratory P P P P P P P P P P P P P P
APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 4
South Burlington Land Development Regulations Effective January 25, 2016
NON-RESIDENTIAL ZONING DISTRICTS C1(4)C1-
AUTO
C1-AIR C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR-IND
AirportCommercial 1 City Center Other Commercial Heavy Commercial-
Industrial
Restaurant, short order P P P P P P P P P-ACC P-ACC P-ACC P P-ACC P-ACC
Restaurant, standard P P P P P P P P P P P P-ACC
Retail and retail services up to 3,000 SF GFA within
any one principal structure
P P P P P P P P P P P-ACC P P-ACC P P
Retail and retail services, excluding general
merchandise stores
P P P P(6)P P P P P(6)P(6)P P
Retail food establishment <5,000 SF GFA P P P P P P P P P P P P P-ACC
Retail food establishment >5,000 SF GFA and
supermarkets
P C C P
Retail warehouse outlet P P
Sale, rental & repair of aircraft & related parts P P
Seasonal Mobile Food Unit P P P P P P P P
Self-storage P ACC
Service station with convenience store C C
Shopping center C
Taverns, night clubs & private clubs P P P P P P P P P P P
Transportation services P P
Warehousing, processing, storage & distribution C C P P
Wholesale establishments C C P P P
Key and Notes to the Table above:
P = Permitted
C = Conditional Use
PUD = Allowable within a Planned Unit Development
ACC = Allowable as an accessory use
TO = Allowable only in the Transit Overlay District
(1) For all IA District Uses pleas refer to Section 7.01, Institutional and Agricultural District. "N" refers to the Institutional-Agricultural North sub-district.
(2) R7 and SEQ-VC as classified as non-residential zoning districts, but are included in this table for purposes of efficiency
(3) No minimum lot size for bed & breakfast in the SEQ-VC district
(4) Includes C1-R12 and C1-R15
APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 5
South Burlington Land Development Regulations Effective January 25, 2016
NON-RESIDENTIAL ZONING DISTRICTS C1(4)C1-
AUTO
C1-AIR C1-LR CD-1 CD-2 CD-3 CD-4 AR SW IO C2 IC AIR AIR-IND
AirportCommercial 1 City Center Other Commercial Heavy Commercial-
Industrial
(5) Educational support facilities in C1 are subject to the dimensional standards of the IA-North District. See Article 7.
(6) Principal permitted retail uses are limited to 5,000 SF GFA
(7) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existings as of July 1, 2013,
may be expanded, emlarged or extended by an area that does not exceed 20% of its Gross Floor Area.
APPENDIX C USES and DIMENSIONAL STANDARDS C-Dimensions 1
South Burlington Land Development Regulations Effective January 25, 2016
TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS
Keeping of livestock
Horticulture and forestry without on-premise retail sales
Use
Accessory residential units
Additional dwellings for farm employees
Minimum lot size 12,000 SF or minimum for two-family dwelling in same zoning district,
whichever is greater.
Other dimensional standards for two-family dwelling in same zoning district apply.
Minimum lot size ten (10) acres
Standards for single family dwelling in the same zoning district.
Non-Residential Child Care Facility
Single family dwelling related to agriculture
Minimum lot size three (3) acres. Retail uses must be set back a minimum of twenty (20) feet
No minimum standards
Specific Dimensional Standard
Standards for the principal dwelling unit
Standards for single family dwelling in same zoning district
Standards for single family dwelling in same zoning district. Minimum lot size 1 acre, except SEQ-
VC zoning district where there is no minimum lot size.
Bed and breakfast
Horticulture and forestry with on-premise retail sales
APPENDIX C USES and DIMENSIONAL STANDARDS C-Dimensions 2
South Burlington Land Development Regulations Effective January 25, 2016
Building
s only
Buildings,
parking and all
other
impervious
surfaces
Front
yard(s)
Side yard(s)Rear
yard
Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
IA-N ALL 10 acres 20%40%75 50 50 15 35 40
IA-S ALL 10 acres 10%20%75 50 50 15 35 40
PR ALL none 15%25%40 15 30 15 35 40
MU ALL none 30%70%40 15 30 15 35 40
Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4
Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 25 28 2 3 1 4
Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4
Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 35 40 3 3 1 4
Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4
Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 30 35 3 3 1 4
Single-family 7,500 SF (4)20%40%10 5 10 15 25 25 2 3 1 4
Two-family 12,000 SF (4)20%40%10 5 10 15 25 25 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%10 5 10 15 25 25 2 3 1 4
Non-residential uses 12,000 SF 20%40%10 10 10 15 25 25 2 3 1 4
Single-family 12,000 SF (4)20%40%20 10 30 15 25 25 2 3 1 4
Two-family 12,000 SF/unit (4)20%40%20 10 30 15 25 25 2 3 1 4
R1-Lakeview All 14,000 SF (3)20%40%20 10 30 15 25 25 2 3 1 4
R1 All 40,000 SF (1)15%25%50 25 30 15 25 28 2 3 1 4
Single-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4
Two-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4
Multi-family 11,000 SF/unit (2)20%40%30 10 30 15 25 28 2 3 1 4
District Land Use
SEQ-VR
Minimum lot size (max.
residential density in dwelling
units per acre)
Maximum site
coverage:
SEQ-VC
SEQ-NRP,
NRT and NR
QCP
LN
R2
Maximum Building HeightStandard setbacks (feet):
APPENDIX C USES and DIMENSIONAL STANDARDS C-Dimensions 3
South Burlington Land Development Regulations Effective January 25, 2016
Building
s only
Buildings,
parking and all
other
impervious
surfaces
Front
yard(s)
Side yard(s)Rear
yard
Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)
Maximum site
coverage:
Maximum Building HeightStandard setbacks (feet):
R4 Single-family 9,500 SF (4)20%40%30 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (4)20%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%30 10 30 15 25 28 2 3 1 4
Non-residential uses 40,000 SF 30%60%30 10 30 15 25 28 2 3 1 4
R7 Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)30%40%30 10 30 15 25 28 2 3 1 4
Non-residential uses 40,000 SF 40%60%30 10 30 15 25 28 2 3 1 4
R12 Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%60%30 10 30 15 35 40
Non-residential uses 40,000 SF 40%60%30 10 30 15 35 40
R7-NC All residential
uses
All non-
residential uses
12,000 SF 40%70%30 10 30 15 35 40
Multi-family 3,500 SF/unit (12 or 15)40%70%30 10 30 15 35 40
All other uses 40,000 SF 40%70%30 10 30 15 35 40
C1-Auto Multi-family 3,500 SF/unit (12 or 15)40%70%30 15 30 15 35 40
All other uses 40,000 SF 40%70%30 15 30 15 35 40
C1-AIR All 40,000 SF 40%70%30 15 30 15 35 40
Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40
20,000 SF 40%70%30 10 30 15 35 40
20,000 SF 40%70%30 10 30 15 35 40
C1
Same as R7 standards
C1-LR
Retail (principal
permitted use, max.
5,000 SF GFA)
Other non-
residential uses
APPENDIX C USES and DIMENSIONAL STANDARDS C-Dimensions 4
South Burlington Land Development Regulations Effective January 25, 2016
Building
s only
Buildings,
parking and all
other
impervious
surfaces
Front
yard(s)
Side yard(s)Rear
yard
Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)
Maximum site
coverage:
Maximum Building HeightStandard setbacks (feet):
Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40
Retail (principal
permitted use, max.
5,000 SF GFA)
20,000 SF 40%70%30 10 30 15 35 40
Other non-
residential uses
20,000 SF 40%70%30 10 30 15 35 40
SW Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (7)30%40%30 10 30 15 35 40
Retail (principal
permitted use, max.
5,000 SF GFA)
20,000 SF 40%70%30 10 30 15 35 40
Other non-
residential uses
20,000 SF 40%70%30 10 30 15 35 40
CD-1 15 35 35
CD-2 15 35 35
CD-3 15 35 35
CD-4 15 35 35
Multi-family 6,000 SF/unit (7)40%70%30 10 30 15 35 40
All other uses 40,000 SF 40%70%30 10 30 15 35 40
IC All 40,000 SF 40%70%30 10 30 15 35 40
AIR All 3 acres 30%50%50 35 50 15 35 40
AIR-I All 3 acres 30%50%50 35 50 15 35 40
IO All 3 acres 30%50%50 35 50 15 35 40
**For single-family residences in the SEQ existing as of May 24, 2006, the maximum building coverage shall be 20%.
AR
C2
Please see Article 8, Central District
APPENDIX D LIGHTING D-1
South Burlington Land Development Regulations Effective January 25, 2016
D LIGHTING
EASTTERRSANREMODRB
E
R
A
R
DDR
COMMERCE AV
TILLEY DR
KNO L L
CI
RMEADOWOODDRAllenRdEa s t HIGHLANDTERRSTONEHEDGEDRWHITEFACES T
CABOTCT EAGLEDRVICTORYDRCOTTAGEG R O V E A VSWIFT ST
BRANDFARMDRHINESBURGRDHAW T H ORNECIR
FAIRWAYDRFAYETTERDLUPINELN PETERSONTERRFORESTS T
S a d ie LnTWI N O A K S T E RR
DUCHESSAVWEALTHYAVGR E GORYDRNCO
DR
PARK R D
Q U A I L R U N
CATKINDRB U TL E R D R
BROWN
ELLWY
COBBLES TONECIRAI
RPORTDRMI L L P O N D L N
B O W E R S T SOMMERFIELDAVBROOKW O O D D R HELENAVDOVE R ST
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South Burlington, Vermont
0 2,0 00 4,0 001,000 Fe et
January 12, 2016
No te:Parcel lin e data is provided for informational purposes only.The City reserves the right to update the Official Zoning Mapwith new parcel data as it becomes available.
Sources:Zon ing boundaries per City Council approvals effective January 25, 2016.20 11 Parcel boundaries - City of South Burlington.Surface Water - 2003 1:5000 Vermont Hydrography Dataset, VCGI.
Disclaimer:The accuracy of information presented is determined by its sources . Errors and omissions may exist. Questio ns of on-the-ground location can be resolved by site in spections and/or surveys by registered surveyor. This map is not sufficient for delineation of features on-the-gro und. This map identifies the presence of features, an d may indicate relationships between features, but is nota replaceme nt for surveyed information or engineering studies.
Effective January 25, 2016
Zoning Districts
Industrial and Airport District
Mixed Industrial & Commerical
Airport
Airport Industrial
Industrial & Open Space
Central District
Central District 1
Central District 2
Central District 3
Central District 4
Zoning Map
Commercial District
Commercial 1 - Residential 12
Commercial 1 - Limited Retail
Commercial 1 - Residential 15
Commercial 1 - Airport
Commercial 2
Swift Street
Allen Road
Commerci al 1 - A utomobile City boundary
Tax parcels
Lakes / Ponds
Stream / River
Residential District
Residential 1
Residential 2
Residential 4
Residential 7
Residential 12
Lakeshore Neighborhood
Queen City Park
Residential 7-Neighborhood Commercial
Residential 1 - Lakeview
Other Dis tricts
Institutional & Agricultur al-North
Institutional & Agricultur al-South
Interstate Highway Over lay
Southeast Quadrant Subdistricts
Municipal
Natural Resource Protectio n - NR P
Neighbor ho od R esidential - NR
Neighbor ho od R esidential - Tr ansitio n - NR -T
Village Commercial - V C
Village Residential - VR
Park & Rec reation
Natural Residential North - NR N
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Burlington
International
Airport
HINESBURG
RD. -
NORTH
DORSET
PARK
SPEAR ST.
- OVERLOOK
PARK
DORSET
PARK
SPEAR ST.
- OVERLOOK
PARK
SPEAR ST.
- OVERLOOK
PARK
SPEAR ST.
- OVERLOOK
PARK
DORSET
PARK
NOT A
VPZ
SPEAR ST.
- RIDGE
DORSET
PARKDORSET
PARK
SPEAR ST. -
ALLEN RD.HINESBURG
RD. -
SOUTH
South Burlington Overlay Districts
-
Disclaimer:
The accuracy of information presented is determined by its sources. Errors and omissions may exist.
The City of South Burlington is not responsible for these.
Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.
This map is not sufficient for delineation of features on the gound.
This map identifies the presence of features, and may indicate relationships between features,
but it is not a replacement for surveyed information or engineering studies.
Map updated by H. Shaw using ArcGIS 10.0. All data is in State Plane Coordinate System, NAD 1983.
0 2,000 4,000 6,000
Feet
0 0.25 0.5 0.75 1
Miles
Legend
Airport Approach Corridors
Stormwater Management Overlay District
Stormwater Management Overlay District
Flood Plain Overlay District
Zone A 100-year Flood Plain
Design Review Overlay Districts
DESIGN DISTRICT 1
DESIGN DISTRICT 2
DESIGN DISTRICT 3
View Protection Zones
SPEAR ST. - OVERLOOK PARK
HINESBURG RD. - NORTH
HINESBURG RD. - SOUTH
DORSET PARK
SPEAR ST. - RIDGE
Traffic
High Volume Roadway Segments -- Zones 2A, 2B, 2C
Balance of Restricted Roads -- Zone 3
Major Intersections -- Zone 1
Roads
Tax Parcel boundaries
Water Body
Intermittent Stream
Perennial Stream
Effective January 9, 2012
\\PWServ\GISData\Planning\OverlayMap\OverlayMap_11x17
Transit Route
Transit Overlay District