On the agenda: South Burlington meeting — Data Center (Jun 23)

Planning Commission Meeting Agenda
Tuesday, June 23, 2026 | 7 PM
Members of the public may attend in person or digitally via Zoom.
Participation Options:
In-Person: South Burlington City Hall, 180 Market Street, Main Floor, Auditorium
In Person: City Hall, 180 Market Street, Auditorium
Interactive Online: https://zoom.us/j/97542416294
Phone: (929) 205-6099 Meeting ID: 97542416294
1. Welcome
Welcome and instructions on exiting the building in the event of an emergency
2. Agenda: Additions, deletions, or changes in order of agenda items
Documents:
AGENDA 02 MEMO 2026-06-23.PDF
3. Open to the public for items not related to the agenda
4. Announcements and staff report
5.

7:10 PM LDR Amendments: Public Hearing on proposed LDR amendments
Documents:
COMBINED PDFS FOR PC HEARING JUNE 23, 2026.PDF

6.

8:10 PM State Steps Designations: Presentation by Staff
Documents:
PC STEPS PRESENTATION 2026-06-23.PDF

7.

8:45 PM Minutes
Documents:
PC MINUTES 2026-05-26 DRAFT.PDF

8. Other Business
9. Adjourn

Documents:
PC MINUTES 2026-05-26 DRAFT.PDF
8. Other Business
9. Adjourn
Respectfully submitted,

Kelsey Peterson, Senior City Planner
*item has attachments

MEMORANDUM
TO:

South Burlington Planning Commission

FROM:

Kelsey Peterson, Senior City Planner
Paul Conner, Director of Planning & Zoning

SUBJECT: Planning Commission Meeting Memo
DATE:

For June 23, 2026 Planning Commission meeting

1. Welcome, instructions on exiting the building in the event of an emergency
2. Agenda: Additions, deletions, or changes in order of agenda items
3. Open to the public for items not related to the agenda
4. Announcements and staff report
•

•

•

Commission Annual Appointments:
o

A big thank to you Helen Riehle for her service to the Commission over these
past couple of years! Helen elected not to see another term but, in her tenure,
she made big contributions to the group’s work.

o

Welcome to incoming Commissioner Meaghan Emery. Meaghan will begin her
term at the Commission’s first meeting in July.

o

Thank you to Michael Mittag, who was appointed to a new term beginning in
July.

Departures and welcomes
o

In early August the City will welcome Nicolas Storellicastro as the incoming
Deputy City Manager. Nicolas currently serves as City Manager for Barre City.
Welcome!

o

At the end of July, Public Works Director Tom DiPietro will be moving on. Tom
has served the City for the past 20 years, first as Stormwater Superintendent,
then Deputy Director, and for the past 4 years as Director.

S.325 passed
o

Staff testified on, and has kept a close eye on S.325. This is a bill that
amendments part of Act 181 from a couple of years ago, eliminating Tier 3 and
the “Road Rule” in Act 250. While neither of those changes has a significant
effect in South Burlington, the bill also changed the process by which existing
Act 250 permit conditions shift from being administered and enforced by Act
250 to the City. Previously all permits became the City’s responsibility
immediately upon the City obtaining Tier 1A Status. S. 325 changes that to take

180 Market Street

South Burlington, VT 05403

tel 802.846.4106

fax 802.846.4101 www.sb vt.gov

place individually as each property seeks local approval for amendments to
their plans; at that time the Act 250 conditions are incorporated into the local
decision.
5. LDR Amendment: Public Hearing
The Commission has warned a packet of LDR amendments. The proposed changes are divided
into eight amendments, with the description of each included in the table below:
Number

Title

Description

LDR
Section

LDR-26-01

Bedrock Removal
and On-Site
Processing
Update

Refines standards for bedrock removal and onsite processing in conjunction with development
from initial version adopted in September 2026.
Updates standards of review, establishes
preference for blasting, and enables
requirement for a remediation plan to be
prepared

Section
16.05

LDR-26-02

Nonconformities
& Adaptive ReUse

Updates allowances for investment in
nonconformities, ties ability to change
nonconforming structure to the conformity of its
use, and allows existing structures in areas
allowing residential to be converted to an
appropriate number of units.

Section
3.15

LDR-26-03

Update to FBC
Zoning: T4

Expands the Form-Based Code area to include
property west of I-89 currently in the HSMU
district

Map 1:
Zoning
Districts

LDR-26-04

Electric Vehicle
Charging

Reestablishes connection of City standards for
Electric Vehicle charging to 2024 RBES and 2024
CBES

Section
3.18

LDR-26-05

Significant
Natural
Communities,
and Rare,
Threatened, and
Endangered
Species

Establishes standards for review of impacts to
significant natural communities and rare,
threatened, and endangered species for
proposed developments over 10 acres, and
establishes process for consultation with VT
Agency of Natural Resources

Article 12

2

LDR-26-06

Zoning Permit
and Certificates
of Occupancy
Updates

Eliminates zoning permit for interior renovations
and facade material replacement that involve no
change of use, building expansions or
modifications, or added bedrooms.

Sections
2.02, 17.03

LDR-26-07

Use Updates:
Data Centers,
Trucking Scales,
24 VSA 4413
Uses, MotorVehicle Focused

Adds Data Center as a defined commercial use
and regulates its size and location, adds scales
for Trucking-Centric Commercial uses and
regulates their location, specifically lists uses
covered by 24 VSA 4413 and regulates location,
and corrects an omission of Motor-Vehicle
Focused Commercial, Medium from the Table of
Uses

Appendix
C

LDR-26-08

Minor and
Technical
Amendments

Updates reference errors throughout, correction
of typos throughout, updates to references to
zoning districts, improved references between
Article 8 and Article 15A, update title of Article
11.C to "Traditional Neighborhood Development
PUD Building Types", update to required Level
of Service for City Center, change timing of
bond to Certificate of Occupancy, clarification of
the single-user complex, update to dimensional
standards for townhouses, adding continuation
of construction to keep a zoning permit valid,
and similar functional updates

Articles 2,
3, 8, 9,
11.C, 12,
13, 14,
15A, 15C,
16, 17, 18,
19, Appx C

The LDR drafts have been provided in REDLINE from the current LDRs in this Agenda Packet.
The redline and clean version are posted to the City’s website. Also available on the City website
are the Spotlights explaining the proposed amendments and statutory Reports that are provided
to the State.
Highlighting a Few Items in the Draft
During the Planning Commission’s discussion of the draft LDR amendments leading up to and at
the May 26 Planning Commission meeting, a few changes from previous drafts were not
explicitly identified by staff or discussed by the Commission. In the interest of full transparency,
and to make sure that all amendments are known and endorsed by the Commission, we wanted
to draw your attention to them. These are not changes from the warned draft – this section
highlights these small changes from the previous draft versions that were not directly addressed
at the meeting when the LDRs were warned. These include:

3

•

•

Trucking-Centric Commercial: change to the square-footage thresholds for the scales of
this commercial use. In previous versions, the square footage thresholds were higher and
were adjusted down for the May 26th meeting packet to better reflect the scales of existing
commercial uses (Appendix C). There was a short discussion of this topic on 5/12, and
upon reflection staff prepared for the following change. The May 26th version was the one
warned for public hearing:
Scale

May 12, 2026 Draft

May 26, 2026 Draft

Small

<100,000 SF total building size

<50,000 SF building footprint

Medium

100,000 to 200,000 SF total
building size

50,000 to 150,000 SF building
footprint

Large

>200,000 SF total building size

>150,000 SF building footprint

Zoning Permits: change to require construction to continue after it starts to prevent the
zoning permit from expiring (Article 17.05). Existing language, with the proposed addition
in red underline:
17.05(A) A zoning permit shall expire one (1) year from its date of issue unless
viewed as a whole, the work, time, and expenditures invested in the project
demonstrate a continued good faith intent to presently commence upon and
continue the permitted project.
This was a subject that Staff reviewed during the overall look at zoning permit thresholds.
Under the current regulations, a zoning permit expires if the work does not commence
within a year of issuance. Once it commences, however, there is no clear guidance as to
whether it must continue to be built. This clarifies that construction must continue once
begun for the permit to remain valid.

Staff Recommendations for Changes to Draft Warned for Public Hearing
Staff has a few recommendations for additional small changes to the warned draft LDR
amendments.
•

Certificate of Occupancy (LDR-26-06, Section 17.03B): Postpone the proposed changes to
the Certificate of Occupancy (CO) subsection. The draft warned for public hearing last
month proposed to start requiring Certificates of Occupancy for new construction of
single and two-family homes and exterior changes to existing ones. After a deeper look
at capacity, Staff is recommending/requesting that we postpone this change for a future
round of amendments. Specifically, there are several changes taking place to permitting
and administration over the coming months, including takeover of Act 250 permit
conditions through the Tier 1A process and some interdepartmental reorganizing.

4

Importantly, we also see some opportunities to work with our partners in the Fire
Department’s Code division to examine opportunities for further streamlining of services.
•

Performance Bonds (LDR-26-08, Section 17.16) The draft warned for public hearing has
proposed to move the trigger for securing a performance bond for future public
infrastructure from Zoning Permit to Certificate of Occupancy (17.16). After further review,
there are both technical problems with this approach (not all permitted projects receive
COs), and, after discussion with stakeholders, it appears the solution would not make a
significant difference in construction financing and is not as simple as originally drafted.
Staff is recommending the Planning Commission keep the language as it is presently
adopted in the LDRs while we explore additional options to simplify the work of
performance bonds.

•

HSMU to T4 change (LDR-26-03, Map 1: Zoning Map): Adjust the description of the
geography included in the zoning district change. Staff identified a small “tail” of the
current HSMU District under the roadway south of Williston Road to T4. It is entirely
within the City Right of Way and therefore has no policy implications. Nevertheless, The
change was warned as a map change “north of Williston Road.” Staff recommends
updating the description to being “along the Williston Road corridor, west of I-89”.

•

Data Centers (LDR-26-07, Appendix C): Adjust language to base the allowed scale on the
size of USE, not the size of the building in which it is located data center can be part of a
larger building and the relevant metric of size is for the data center use, not the building
as a whole
Scale

Draft for Public Hearing

June 23, 2026 Staff
Recommendation

Small

Under 20,000 SF building
footprint

Under 20,000 SF building
Footprint

Large

20,000 SF or greater building
footprint

20,000 SF or greater building
footprint

[A reminder that data center use under 5,000 s.f. is simply considered general commercial
in the draft. That is unchanged.]
•

Zoning Permit (LDR-26-08): clarify definition in Article 2 to be consistent and not
overlapping with requirements in Article 17

•

Typo (NEW, LDR-26-08): 14.11(I)(11) needs to be changed to 14.11(I)(10)

5

Further Review: Zoning Permit Requirement Threshold
The Commission had an involved discussion about the proposed new thresholds for requiring
zoning permits at your May 26th meeting. Staff left the meeting with the sense that the subject
was not fully resolved. We reviewed itfurther with our development review team. There was an
open question of a change to an exterior window or door (alone) triggering a zoning permit. The
question is what policy goal does it further to require a zoning permit for changing the existence,
size, location, or type of a window or door? To frame this question, we wanted to clearly map
out how, as currently written, the draft regulations require a zoning permit for a change to a
window or door.
CURRENT ADOPTED:
A zoning permit is required for land development, unless exempted.
17.02A(1) No land development may be commenced within the area affected by
these regulations without a zoning permit issued by the Administrative Officer.
In the definitions in Article 2, “Land Development” and “Structural Alteration” are defined.
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.
Alteration, structural. Any change in the supporting members of a building, such as
bearing walls, columns, beams or girders or in the dimensions or configurations of
the roof or exterior walls.
DRAFT FOR PUBLIC HEARING
In the draft warned for public hearing, the $5,000 threshold was removed from the definition of
“land development”, a reference to added bedrooms was included in 17.02, and changes to
windows and doors was added to structural alteration. The draft also adjusted the definition of
alteration because it referenced structural elements when that should be a broader term of
which structural alteration is a subcategory of alteration

6

A zoning permit is required for land development, unless exempted.
17.02A(1) No land development may be commenced within the area affected by these
regulations without a zoning permit issued by the Administrative Officer.
17.02(2) No interior remodeling project that adds one or more bedrooms may be
commenced within the area affected by these regulations without a zoning permit issued
by the Administrative Officer.
In the definitions in Article 2, “Land Development” and “Structural Alteration” are adjusted:
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. [current adopted
language]
Alteration, structural. Any change in the supporting members of a building, such as
bearing walls, columns, beams or girders; addition, removal, or change in the
dimensions of exterior doors or windows; or in the dimensions or configurations of
the roof or exterior walls.
This draft LDR amendment added the underlined provision to capture a portion of what
had been included in the $5,000 threshold for renovation without expansion. The City has
been requiring Zoning Permits for changes to windows and doors primarily because the
cost of doing so (e.g. changing a window to a sliding door) has often exceeded $5,000 in
recent years.
As noted, the City has been requiring a permit for many of these projects, but there are few
standards for the location, amount, or size of windows and doors in the LDRs. The primary
instances where a specific amount of glazing or the specific design of the outside of a building
have detailed approvals are in the Form-Based Code (FBC) and in Planned Unit Developments
(PUDs). Otherwise, a home that is not in the FBC or a PUD does not have standards to meet for
exterior windows and doors, apart from life safety codes which are dealt with when the project
gets a Building Permit.

7

Planning Commission Question: Does it serve a policy purpose to require zoning permits for
these types of changes? Or should we remove windows and doors from the draft definition of
Structural Alteration and have the effect of not requiring a zoning permit for projects limited to
that small scope?
6. State Steps Designations: Staff Presentation
Alongside the Act 250 Tier 1A changes and application process, another state-level process
affects the opportunities for South Burlington and its centers can access. This is the reworked
Downtown Designations program, which has been changed to a designation program with
Steps. Staff will be giving a short presentation on this additional State program at this meeting.
7. Minutes: May 26
8. Other Business
9. Adjourn

8

ARTICLE 2

DEFINITIONS
2 DEFINITIONS

2.01
2.02
2.03

Rules of Construction, Intent and Usage
Specific Definitions
Definitions for Flood Hazard and River Corridor Purposes

2.01

Rules of Construction, Intent and Usage

A.

In the construction of these regulations, the following provisions and rules shall be applied,
except when the context clearly requires otherwise:
(1) The "City" is the City of South Burlington, Vermont.
(2) Words used in the present tense shall include the future and words used in the future
tense shall include the present.
(3) Words in the singular number shall include the plural and words in the plural number shall
include the singular number.
(4) The words "shall" and "must" are mandatory and not optional or merely directory.
(5) The words "may" and "should" are permissive.
(6) The word "person" includes an individual, firm, association, corporation, partnership,
trust, company or other organization, governmental body or agency, and any other legal
entity.
(7) The word "lot" includes the words parcel, plot, tract of land, or piece of land.
(8) The words "used" or "occupied" include the words intended, designed or arranged to be
used or occupied, employed for, constructed for, altered for, converted for, rented for,
leased for, maintained for, utilized for, or occupied for.
(9) The word "includes" shall not limit a term to the specified examples, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(10) The terms “such as” and “for example” shall be considered as introducing typical or
illustrative, rather than an entirely exclusive or inclusive designation of, permitted or
prohibited uses, activities, conditions, establishments or structures.
(11) A "building" or "structure" includes any part thereof.
(12) The word "built" includes "erected," "constructed," "reconstructed," "altered," "enlarged,"
or "moved."
(13) The word "premises" shall include land and buildings thereon.
(14) The masculine gender shall include the feminine and neuter, and vice versa.
(15) The words "adjacent" and "next to" shall have the same meaning as "abut."
South Burlington Land Development Regulations

DEFINITIONS

ARTICLE 2

(16) The words "original" and “existing” mean the conditions existing on the effective date of
these regulations.
(17) Abbreviations. “SF” shall mean “square feet”, “GFA” shall mean “gross floor area”, “GLA”
shall mean “gross leasable area”, “DU” shall mean dwelling unit, and “ROW” shall mean
“right-of-way”
B.
Unless the context clearly indicates the contrary, where a regulation involves two or more
items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the
conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly
or in any combination.
(3) "Either...or" indicates that the connected item, conditions, provisions, or events shall apply
singly but not in combination.
C.
References made to officials and official bodies shall mean officials and official bodies of the
City of South Burlington, unless the natural construction of the wording indicates otherwise.
D.
The word "regulation," "these regulations," "these land development regulations," "this
ordinance," or “this bylaw” means the "City of South Burlington Land Development Regulations."
E.
Any word or phrase which is defined in this section, or elsewhere in these regulations, shall
have the meaning as so defined whenever the word or phrase is used in these regulations, unless
such definition is expressly limited in its meaning or scope.
F.
Any word or phrase that is not defined in this section, or elsewhere in these regulations,
shall have its plain and commonly accepted meaning.
G.
Definitions contained in Title 24 of the Vermont Statutes Annotated, Chapter 117 shall be
applicable throughout these regulations.

2.02

Specific Definitions

Abandonment. The relinquishment of property, or a cessation of the use conducted on the
property for a period of six (6) months within a twelve (12) month period, by the owner, tenant, or
lessee, for reasons other than an act of God or access impeded by government acti on.
Accessory structure. 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 13.1812 shall not be considered
accessory structures.

South Burlington Land Development Regulations

ARTICLE 2

DEFINITIONS

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 Council who has any authority these
Regulations may confer upon him or her, and any Assistant Administrative Officer to administer the
Regulations and to issue zoning permits. In the absence of a designated Administrative Officer, the
City Manager shall function as the Administrative Officer.
Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or
movie theater, cabaret, bookstore, or other) in which a person or persons appear in a state of
nudity in the performance of their duties or material is available depicting person or persons in a
state of nudity. Nudity shall be as defined in the South Burlington Public Indecency Ordinance.
Affordable housing. Either:
(A) An owner-occupied dwelling unit for which the total annual cost of ownership, including
principal, interest, taxes, homeowners and mortgage insurance, and 50% condominium or
homeowners association fees, does not exceed 30 percent of the gross annual income of a
household at 80 percent of the median income for the Burlington-South Burlington Metropolitan
Statistical Area as defined by the United States Department of Housing and Urban Development
(Burlington-South Burlington MSA) corresponding to the size of the specific unit (measured in
number of bedrooms):
(B) A rental housing unit for which the total annual cost of renting, including rent, utilities (water,
electricity, and heating costs), and 50% of condominium or homeowners association fees, does not
exceed 30 percent of the gross annual income of a household at 80 percent of the median income
for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States
Department of Housing and Urban Development (Burlington-South Burlington MSA)
corresponding to the size of the specific unit (measured in number of bedrooms).
Agent of owner. Any person who can show written proof that he has authority to act for the
property owner.
Agriculture (farming). Shall include any of the land use activities exempt from zoning regulation
pursuant to 24 V.S.A. § 4413(d), as amended.
Airport. A facility intended and used as the place where one or more fixed-wing or rotary-wing
aircraft is regularly stored, maintained, or repaired while not in flight, and including an area that
the aircraft may use to take off and land.
Airport uses. Fixed- and rotary-wing operations together with retail sales and service operations
related to public, private, and general aviation, including aircraft sales, repair, maintenance, and
storage, commercial shipping and storage, restaurants, rental vehicles, flight instruction, and other
South Burlington Land Development Regulations

DEFINITIONS

ARTICLE 2

uses designed to serve aviation passengers and industry, including both commercial and private
aviation.
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.
Alteration, structural. Any change in the supporting members of a building, such as bearing walls,
columns, beams or girders;, addition, removal, or change in the dimensions of exterior doors or
windows; or in the dimensions or configurations of the roof or exterior walls.
Apartment. See Dwelling, multi-family.
Applicant. A person submitting an application.
Application for development. The application form and all accompanying documents and exhibits
required of an applicant by an approving authority for development review purposes.
Approved plan. Prior to January 1, 1996, a plan that is conditionally approved under the provisions
of this chapter, unless specifically provided otherwise. After January 1, 1996, a plan that has been
granted final approval by the appropriate approving authority.
Approving authority. The agency, board, group or other legally designated individual or authority
that has been charged with review and approval of plans and applications.
Area affected.
(A) The area of land that is the subject of the proposed action;
(B) As used under conditional use review, the vicinity of the land that is the subject of the
proposed action, as defined by the purpose or purposes of the zoning district within which the
project is located, and specifically stated policies and standards of t he municipal plan
Attic. The part of a building that is immediately below and wholly or partly within the roof framing.
Basement. A portion of any building located wholly or partly underground and having half or more
than half (50%) of its clear floor-to-ceiling height below the average finished grade of the
immediately adjacent or relative adjoining ground.
Below market rate households. Households whose aggregate income does not exceed eighty
percent (80%) of the county median income, as defined by the United States Department of
Housing and Urban Development in the case of for-purchase housing, or does not exceed sixty-five

South Burlington Land Development Regulations

Commented [KP1]: Staff proposes to leave this sentence
in

Commented [KP2]: Planning Commission should discuss
if this should remain or be removed

ARTICLE 2

DEFINITIONS

percent (65%) of the county median income, as defined by the United States Department of
Housing and Urban Development in the case of rental housing.
Block. An area of land bounded by streets or by a combination of existing, planned, or proposed
streets, or by physical features creating a barrier to the continuity of development such as public
land, railroad rights-of-way, waterways, and municipal boundaries. Within the Transect Zones,
street types applying under this definition shall include only existing public streets, planned
streets, and street types listed as qualifying within the applicable Building Envelope Standards and
Article 11. The perimeter of the Form Based Codes District also shall be considered an additional
block delineation.
Block length: The horizontal distance of a single block face, measured from the edge of the street
right-of-way or other applicable feature.
Block perimeter. The horizontal distance created by three or more block lengths in order to return
to a point of origin that creates a land area.
Buffer strip. Land area used to visually obstruct or spatially separate one use from another or to
shield or block noise, light, or other nuisances. A strip may be required to include fencing, berms,
shrubs, and/or trees. A buffer is typically placed between a structure or use and a side or rear
property line.
Build-to zone. The area on the lot where a building façade must be located, measured as a
minimum and maximum range from the closest street line of an existing or planned street right -ofway.
Build-to-zone, primary. The build-to-zone where a specified percentage of a building’s façade
must be located, as determined by the Building Envelope Standards for the applicable District.
Build-to-zone, secondary. The build-to-zone where a specified percentage of a building’s
façade may be located, as determined by the Building Envelope Standards for the applicable
District.
Buildable Area. See Section 15.A.11
Building. A structure having a roof supported by columns or walls, and used or intended for the
shelter or enclosure of persons, animals, or equipment, goods, or materials of any kind. The
connection of two buildings by means of an open porch, breezeway, passageway, carport, or other
such open structure, with or without a roof, shall not be deemed to make them one building.
Buildings shall be classified as Principal or Accessory.
Building break. Variations in a building façade. See Article 8 standards. This term also may apply to
structures where specifically referenced in these Regulations.
Building envelope. A designated area or portion of a lot, delineated on a subdivision plat, within
which all structures, parking and loading areas, and clearing of land must be located, with the
South Burlington Land Development Regulations

DEFINITIONS

ARTICLE 2

exception of driveways and utility lines. A building envelope shall be defined by minimum setback
and maximum height requirements unless otherwise specified in these Regulations.
Building Envelope Standards (BES). Standards for the design of structures and related site features
within these Regulations.
Building coverage. The ratio of the horizontal area, measured from the exterior surface of the
exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot
area.
Building façade. The face of a building that delineates the edge of enclosed floor space. For
example, the building face of a two-story structure with a one-story porch is the two-story
elevation of the building.
Building footprint. The area of land physically occupied by a building on the ground, including any
deck, porch, or other appurtenant structure attached to the building, and any area of land over
which any portion of a building or appurtenant structure overhangs. The building footprint does
not include uncovered patios, walkways, driveways, landscaping or other unattached structures.
Building line.
Building line, front. The line, parallel to the street line, that passes through the point of the
principal building nearest the front lot line. A lot with two or more front lot lines shall have a
front building line for each front lot line.
Building line, rear. The line, parallel to the rear lot line, that passes through the point of the
principal building nearest the rear lot line. In the event that a property has two or more front
lot lines and no rear lot lines, the rear building line shall be the line that is both
(A) Parallel to the side lot line that passes through the point of the principal building nearest
the side lot line and
(B) Parallel to the Primary Building Façade.
Building, principal. A structure in which is conducted the principal use of the site on which it is
situated. In any residential district, any building that contains one or more dwelling units, except an
Accessory Dwelling Unit, shall be deemed to be a principal building on the lot on which it is
located.
Building width. The average length of a building measured along the side most closely parallel to
its adjacent public street(s).
Bulk requirements. Standards that control the height, density, and location of structures.
Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground
containers or areas for subsequent resale to distributors or retails dealers or outlets and not
directly to the consuming public.

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Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted.
Bylaws. Zoning regulations, subdivision regulations, or an Official Map adopted under the
authority of 24 VSA Chapter 117.
Caliper. The diameter of a tree trunk measured at six (6) inches above the ground for trees up to
and including four (4) -inch caliper size, and as measured at twelve (12) inches above the ground
for larger sizes.
Campus. The premises of a public or private college, university, school, hospital, or other
institution.
Cannabis dispensary. a nonprofit entity registered under section 18 VSA 4474e which acquires,
possesses, cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana,
marijuana-infused products, and marijuana-related supplies and educational materials for or to a
registered patient who has designated it as his or her center and to his or her registered caregiver
for the registered patient’s use for symptom relief. A dispensary shall not be located within 1000
feet of the property line of a preexisting public or private school or licensed or regulated child care
facility.
Cannabis dispensary, dispensing only. A portion of a cannabis dispensary providing
marijuana for symptom relief to registered patients.
Cannabis dispensary, cultivation only. A portion of a cannabis dispensary where the marijuana
is cultivated.
Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade
a minimum of twelve hundred (1,200) square feet.
Capacity study. An inventory of available natural and human-made resources, based on detailed
data collection, which identifies the capacities and limits of those resources to absorb land
development. Data gathered, relevant to the geographic information system, shall be compatible
with, useful to, and shared with the geographic information system established under 3 V.S.A. § 20.
Cellar. 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 defined by State of Vermont Statute in 33 V.S.A. § 3511.
Chimney. A structure containing one or more flues for drawing off emissions from stationary
sources of combustion.
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Church. See place of worship.
Civic Space. An outdoor area dedicated for public or neighborhood use. Civic Space types are
defined by the combination of certain physical constants including the relationships among their
intended use, their size, their landscaping and their adjacent features such as streets, buildings,
and/or natural areas.
Civic Space / Site Amenity, qualifying. Civic Space or Site Amenity that meets all of the
requirements of Table 8-1 (Civic Space / Site Amenity Requirements) and the requirements of
Article 11.B, Civic Space/Site Amenity.
Civic Space / site amenity, qualifiable. Civic Space or Site Amenity that meets the
requirements of Table 8-1 (Civic Space / Site Amenity Requirements) and the following
elements of Article 11.B, Civic Space/Site Amenity: Type allowed in the applicable Transect
Zone, Description & Service Intent, Size, and Location & Access.
Commercial.
(A) Uses listed within the Table of Uses as Commercial and Industrial Uses,
(B) A term referring broadly to non-residential uses of land involving the provision of goods and
services.
Commercial vehicle. Any motor vehicle licensed as a commercial vehicle.
Community center. A building or structure used for recreational, social, educational, health,
cultural, or other similar activities. Services within the facility may be offered by one or more public
or nonprofit entities.
Community garden. One or more garden plots located on public or private property managed
collectively by a group that grows food primarily for the members’ home consumption.
Complete application. An application form completed as specified by a bylaw and the rules and
regulations of the City and all accompanying documents required by the bylaw for approval of the
application. The application shall be certified as complete as soon as all requirements specified in
the bylaw and rules and regulations have been met.
Conditional use. A use permitted in a particular zoning district only upon showing that such use in
a specified location will comply with and conform to all the conditions and standards for the
location or operation of such use as specified in these land development regula tions 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

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legal form of real property ownership and not a building style. The purchaser shall have title to his
or her dwelling unit and an undivided interest in parts of the interior of the building, the exterior,
and other common elements. The property shall be identified in a master deed and officially
recorded on a plat. The common elements shall comprise the land underneath and surrounding the
building, certain improvements on the land, and such items as plumbing, wiring, and major utility
systems, the interior areas between the walls, the public interior spaces, exterior walls, streets, and
recreational facilities. Condominiums may be used for residential and non-residential uses.
Congregate care facility. A housing facility that has significant facilities and services specifically
designed to meet the physical and/or social needs of older persons. Significant facilities and
services may include, but are not limited to, social and recreational programs, continuing
education, information and counseling, recreational, homemaker, outside maintenance and referral
services, emergency and preventive health care programs, congregate dining facilities, and
transportation to social, medical, or personal services. This is a sub-type of Long-Term Care Facility
providing independent living units. Congregate Care Facilities are separately defined here for the
purposes of Article 18: Inclusionary Zoning only. This is not a group home or residential care 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.
Conversion. A change in the use of land or a structure.
Core Habitat Block Area. Contiguous forested area that includes all land within the center of a
Habitat Block. This area excludes all land within the first 328 feet as measured from the edge of a
Habitat Block into the center of the Habitat Block.

Core Habitat Block Area

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.
Curb. A boundary usually marking the edge of the roadway or paved area.
(A) Curb cut. The opening in the curb, measured at the property line, at which point vehicles may
enter or leave the property.
(B) Curb level. The permanently established grade of the curb top in front of the center of the
building, the lot, or portion thereof under consideration. Where no curb level has been
established, the level of the ground at the center of the traveled portion of the street shall be
considered the equivalent of the curb level. Where the building does not adjoin the street, the
average level of the proposed grade line of the ground immediately adjacent to the building
as shown on the building plans shall be considered the curb level.
(C) Curb return. The connecting link between the street curb and the ramp curb.
Cut. A portion of land surface or area from which earth has been removed or will be removed by
excavation. Cut shall also refer to the depth below the original ground surface or excavated
surface.
Delivery channel. Public alley or other street providing access to the loading facilities of buildings;
typically located to the rear and sides of buildings.
Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or
improvement.
Density increase. The allowable increase in the density of residential development on a receiving
parcel for TDRs, as a higher maximum average number of dwelling units per acre than would be
allowable on the receiving parcel did not use TDRs.
Design vehicle. The type of vehicle used to determine the geometric design of the roadway.
Detached mixed-use storefront. A building with a single, ground-level walk-in non-residential use.
The building may also include separate occupant(s), residential or non -residential, on upper stories
where permitted.

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Development.
(A) The carrying out of any change to improved or unimproved land, including but not limited to
the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use
of any structure or parking area;
(B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance;
(C) any use or extension of the use of the land, or
(D) The subdividing of land into two or more parcels.
Development Review Board. The Development Review Board or "DRB" of the City of South
Burlington created pursuant to 24 VSA Chapter 117.
Development rights. See transferrable development rights
Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit.
Dish antenna. Any parabolic or part-spherical device, also known as a satellite dish antenna or
earth station, whose purpose is to receive and/or transmit microwave or other electronic
communication signals from and/or to satellites or other instruments for television, radio, data,
imagery, or other forms of telecommunications. A typical device contains a combination of four
main elements: the antenna or dish, its support structure, the amplifier, and a cable that carries the
signal to and/or from a receiver and/or transmitter inside the building.
District. A part, zone, or geographic area within the City of South Burlington within which certain
zoning or other land development regulations apply.
Disturbed land. Any soil on a construction site or associated support activities (e.g., staging area,
borrow area, disposal site for excess fill) that is exposed to the erosive effects of wind, rain, or
runoff due to construction or construction related activities.
Dooryard: a building entry with a shallow setback and front garden or patio, usually with a low wall
at its front.
Domicile. A residence that is a permanent home to an individual.
Dormer. A window vertical in a roof or the roofed structure containing such a window.
Dormitory. A building containing bathroom facilities for the common use of residents of the
building which is occupied or intended to be occupied as a dwelling by persons not related by
blood, marriage, fosterage or adoption but who are enrolled, affiliated with, or employed by the
same educational, religious, or health institution. Dormitory shall not include a rooming house,
guest home, tourist home, bed and breakfast, hotel, group home, congregate housing, or health
institution. A dormitory is a type of group quarters; see definition below.

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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 constructed improvements designed to carry
drainage.
Drainage way. With the exception of major and minor streams, all other streams, watercourses or
drainage ways natural in origin and having a clearly defined channel with intermittent or full year
flow of water.
Drive-through. An establishment or structure which by design, physical facilities, service, or by
packaging procedures encourages or permits customers to receive services, goods, or be
entertained while remaining in their vehicles. A drive through shall include all components thereof,
including any outdoor menu boards, order windows or service windows.
Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other
structure and generally subordinate in nature to a street. A driveway may be shared among
structures, but its function is generally subordinate to a street.
Duplex. 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 foundation.
The units may share a common stairwell exterior to both dwelling units and with access to the
outside. There may not be a common basement. This type of dwelling shall also be known as a
duplex. Building type is called a Divided Duplex if the two units are separated vertically and each
dwelling is located on its own separate lot.

See Dwelling, two-unit.
Duplex, Divided. See Duplexwelling, two-unit.
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.

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Dwelling, single-unit. A building that contains one (1) principal dwelling unit and that is not
attached to any other dwelling by any means and has no roof, wall, or floor in common with
any other dwelling unit. This is also known as a detached or one-family dwelling.
Dwelling, multi-unit. A structure containing three (3) or more dwelling units, with the number
of families in residence not exceeding the number of dwelling units provided. Access to units
may be from a common hall or from individual entrances. This may also be known as an
apartment house, apartment building, or garden apartment.
Dwelling, two-unit. A building containing two (2) principal dwelling units that are entirely
separated by vertical walls or horizontal floors, unpierced except for access to the outside or to
a common foundation. The units may share a common stairwell exterior to both dwelling units
and with access to the outside. There may not be a common basement. This type of dwelling
shall also be known as a duplex.
Building type is called a Divided Duplex if the two units are separated vertically and e ach
dwelling is located on its own separate lot.
Dwelling, multi-unit. A structure containing three (3) or more dwelling units, with the number
of families in residence not exceeding the number of dwelling units provided . Access to units
may be from a common hall or from individual entrances. This may also be known as an
apartment house, apartment building, or garden apartment.
Dwelling, townhouse or rowhouse. A dwelling unit located in a row of at least three (3)
attached such units in which each unit has its own front and rear access to the outside, no unit
is located over another unit, and each unit is separated from any other unit by one or more
common fire-resistant walls. The row of dwelling units shall be designed and built as a single
structure facing upon a street.
Dwelling unit, attached. A dwelling unit sharing a common side or rear wall(s) with another
dwelling unit or units and having its own separate entrance or entrances to the outside. This
may also be known as a townhouse or rowhouse.
Easement. A grant of one or more of the property rights by the property owner to and/or for the
use by the public, a corporation, or another person or entity.
Edible landscaping. The use of food-producing plants in the design of private and public outdoor
spaces.
Educational facility. A facility used for or in support of education, instruction, or research in any
branch of knowledge including private and public elementary and secondary schools, colleges, and
universities.
Electric Vehicle Capable Space (EV Capable Space). As defined by the 2024 latest edition of the
Vermont Commercial Building Energy Standards and 2024 Vermont Residential Building Energy
Standards, as applicable, prepared and revised by the Vermont Public Service Department , or the
current version after 2024..

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Electric Vehicle Ready Space (EV Ready Space). As defined by the 2024 latest edition of the
Vermont Commercial Building Energy Standards and 2024 Vermont Residential Building Energy
Standards, as applicable prepared and revised by the Vermont Public Service Department , or the
current version after 2024.
Electric Vehicle Supply Equipment Installed Space (EVSE Space). As defined by the latest edition
of the Vermont Commercial Building Energy Standards and Vermont Residential Building Energy
Standards, as applicable, prepared and revised by the Vermont Public Service Department.
Element. A component of a plan.
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.
Emergency Shelter. As defined under 24 VSA 4303(4) "Emergency Shelter"
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4
General Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution
source identified in a Vermont Department of Environmental Conservation approved watershed
implementation plan (i.e. TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not
required for the purpose of developing, or redeveloping impervious surfaces. Additionally, any
floodplain reconnection or stream channel restoration projects that are not included in a Flow
Restoration Plan or Phosphorus Control Plan, but are necessary to meet the required pollutant
reductions in a TMDL.
Erosion. The process by which the ground surface is worn away by the action of wind, water,
gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments.
Establishment. An economic unit, generally at a single physical location, where business is
conducted or services or industrial operations are performed.
Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral
substances, or organic substances other than vegetation, from water or land on or beneath the
surface thereof, or beneath the land surface, whether exposed or submerged.
Existing grade. The elevation of a point on the ground, prior to disturbance related to land
development.
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 appurtena nt elements

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DEFINITIONS

and natural features when they are integral to the significance of the site, all of which are subject to
public view from a public street, way or place.
Facade: See Building Façade.
Family. See household.
Farm. As defined in 24 V.S.A. § 4412.
Farmer’s market. A site or structure used primarily for the direct sale of farm and food products to
consumers. Subject to definition, regulations, and restrictions in South Burlington Peddlers
Ordinance.
Farm structure. A building, enclosure, or fence for housing livestock, raising horticultural or
agronomic plants, or carrying out other practices associated with accepted agricultural or farming
practices, including a silo, as “farming” is defined in 10 VSA Section 6001(22), but excludes a
dwelling.
Fence. Any material or combination of materials erected to enclose, screen, or separate areas of
land. Fences may be of an open (e.g., picket), semi-open, or closed (e.g., brick or stone) style.
Closed fences may also be known as walls.
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 p osted for their
installation, or approval conditioned upon the posting of such guarantees.
Fire access. Means of access to a building, neighborhood or street for the purpose of fire and
public safety.
Flag lot. See lot, flag.
Floating zone. An unmapped zoning district. Requirements are contained in the relevant article.
The floating zone is fixed on the map only when an application for development, meeting the zone
requirements, is approved.
Floor area. The sum of the gross floor area of all principal and accessory buildings on a lot.
Floor area, gross. The sum of all floor areas of all stories of a building, measured from the exterior
face of the exterior walls, or from the centerline of a common wall separating two attached units or
structures. Gross floor area shall include such features as porches, balconies, breezeways,
walkways, and raised platforms, if each is enclosed.

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Food hub. A facility that serves as the central location for the aggregation, storage, processing,
distribution, and/or marketing of local and source-identified food. A food hub is closely aligned
with a farm stand with respect to the types of products available. The principal function of a food
hub shall be to provide local farmers and food producers predictable and coordinated access to
individuals, retailers, and institutions. This is encouraged to be a distribution point for shares in
Community Supported Agriculture (CSAs). A Food Hub is not a “Retail Sales” use. A food hub is
not intended for consumers to shop through a wide variety of goods, especially those goods or
food products that are neither processed nor grown locally, throughout most of the day, week, and
year. A food hub may also constitute an organization responsible for the roles listed herein, and
may include technical assistance to local farmers in conjunction with its duties as a central
location.
Force majeure. An event or effect that can be neither anticipated nor controlled; esp., an
unexpected event that prevents someone from doing or completing something that he or she had
agreed or officially planned to do. The term includes both acts of nature (e.g., floods and
hurricanes) and acts of people (e.g., riots, strikes, and wars). (Black’s Law Dictionary 12th ed. 2024).

Frontage.
(A) The boundary of a lot abutting a street;
(B) the front lot line.
Frontage buildout. The percentage of the total length of the front lot line that is the same length as
the total horizontal length of the building façades of principal buildings, or portions thereof, that:
(A) Are located within the lot’s build-to-zone, and
(B) Are parallel with the front lot line, and
(C) Do not have any portion of another principal building located between it and the front lot line.
Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel,
gasoline, or kerosene above or below ground. Fueling, Retail. The structures, tanks, equipment,
and other accessories required for retail sales of liquid and/or compressed gas fuels. Does not
include EV charging stations.
Garage, private. A detached or attached accessory building, or part thereof, used or intended to be
used only for the storage of private passenger vehicles belonging to the residents, employees, or
visitors of the premises.
Glazing. The amount of window and door coverage over the specified portion of a building.
Glazing, transparent. A type of glazing provided by see-through windows that provide visual
access to space within the building intended for human occupancy and use, and by doors that are
used as operable or public entrances, regardless of whether see-through or opaque.

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Grade. The elevation of the land or land level at a specific point.
Grade, finished. The final elevation of the ground after development.
Grade, average finished. The elevation obtained by averaging the finished grade at intervals of ten
(10) feet at the perimeter of a building, except in the Form-Based Code transect zones, where
average finished grade shall be calculated as the average grade of the section of the street onto
which the building’s primary façade fronts.

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DEFINITIONS
Figure: Calculation of Average Finished Grade, Example Plan

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Figure: Calculation of Average Finished Grade, Example Elevation

Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or
filled condition.
Greenbelt. The landscaped and maintained vegetative portion of the street right-of-way. Where
applicable under specific street types contained in Article 11, may include hardscape elements.

Greenbelt width. The distance between the curb or other edge of the roadway pavement to the
sidewalk, recreation path, or edge of the street right-of-way (whichever is closest).
Ground story. The first story of a building other than a basement.
Group home. A therapeutic community residence as defined by 33 V.S.A. §7102 (11)
Group quarters. A dwelling that houses individuals who are unrelated by marriage, blood,
adoption, fosterage, or guardianship in a group living arrangement of intentionally structured
housing by an organization or institution. This may include fraternities, sororities, dormitories, or
living and learning complexes for a student body or religious order, army barracks, or other similar
institutional use. This definition excludes group homes.
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Groundcover. Groundcover refers to any plant that grows over an area of ground, used to provide
protection from erosion and drought, and to improve its aesthetic appearance.
Habitable area. The finished areas or spaces of a dwelling unit that are heated (and, where air
conditioning is available, cooled).
Habitat block. Areas identified and demarked as “Habitat Block” on the Habitat Block & Habitat
Connector Overlay Districts Map.
Habitat connector. Areas identified as “Habitat Connector” on the Habitat Block and Habitat
Connector Overlay Districts Map.
Hardscape / hardscaping. The non-living materials, and their use and design, that constitute one
component of landscaping. This includes paving material, walls or fences, concrete, asphalt, stone
or other hard surface that may be used to construct retaining walls, paths, walkways, decks,
terraces, accent features, and fences or enclosures.
Hazard: Floodplain overlay districts A, AE, A1-30, and 0.2% B2, River Corridors except those along
intermittent streams, Very Steep Slopes, Class I and Class II wetland and associated buffers.
Hazardous Waste Management Facility. As defined under 10 V.S.A. § 6602
Height, Building. The vertical distance from a building’s average finished grade to its mean roof
height.
Home occupation. An occupation or activity carried out for gain secondary to and typically
incidental to the use of the dwelling unit by a resident thereof. The conduct of the home occupation
is clearly accessory to the use of the dwelling unit for living purposes and does not change the
character of the dwelling unit or accessory structure in which it is located. See Section 3.12 for
home occupation regulations.
Hospital. A licensed institution providing primary health care services and medical or surgical care
to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other
physical or mental conditions requiring medical treatment, and including as an integral part of the
institution related facilities such as laboratories, outpatient facilities, and training facilities. It may
include the retail sale of pharmaceuticals and medical supplies as an accessory use.
Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more
individuals related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and
living as a single housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size
is the total number of individuals (adults and children) in the household that will occupy an
Inclusionary Unit, regardless of each individual household member’s relationship, if any, to other
members of the household.
Household Income. The household income for an applicant seeking to rent or purchase an
Inclusionary Unit is the total combined annual cash income, whether earned (for example, salary,

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DEFINITIONS

wages, tips, or commissions) or unearned (for example, benefits, unemployment compensation,
interest, dividends) of each household member.
Housing unit. See dwelling unit.
Impervious surface. Those human-made surfaces, including, but not limited to, paved and unpaved
roads, parking areas, roofs, driveways, and walkways, from which water runs off rather than
infiltrates. Impervious surface shall also include, but is not limited to, compacted gravel or soil
surfaces, storage areas, awnings (and other fabric or plastic coverings). Properly installed and
maintained pervious pavement shall not be considered Impervious Surfaces for stormwater
purposes.
Improvement. Those human-made surfaces including paved and unpaved roads, parking areas,
roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates.
Inclusionary unit. See Affordable Housing.
Industry. Those fields of economic activity including, mining, construction, manufacturing,
transportation, communication, electric service, gas service, sanitary service, and wholesale trade.
Inclusionary Zoning. Provisions under Section 18.01 of these regulations, as authorized under 24
VSA Section §4414(7), which establish minimum requirements and incentives for the construction
of housing to meet the needs of low- and moderate-income households.
Institutional use. A non-profit or quasi-public use or facility such as a place of worship, library,
public or private school, hospital, or municipally owned or operated building, structure, or land
used for public purpose.
Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in
conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or
disposition. It may include old or scrap metal, rope, rags, batteries, paper, rubber glass, building
materials, household appliances, brush, wood, lumber, plastic, dismantled or wrecked automobiles
or parts thereof, and other old or scrap ferrous or nonferrous material s.
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, 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
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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.
Level I Resources: A Habitat Block or Habitat Connector.
Level II Resources: River Corridors along intermittent streams, Floodplain Overlay District Zone
0.2% B1 (500-year floodplain, Class III wetlands (greater than 5,000 square feet in size) and
associated buffers, and steep slopes, significant natural communities, and rare, threatened, or
endangered species.
Liner Building. A building or portion thereof which is specifically designed to mask and enliven the
edge of a parking lot, garage or structure or a large retail facility (big box), which is located
between the front lot line and the parking lot, garage or structure or la rge retail facility.
Loading space. A space or berth available for the loading and/or unloading of goods from
commercial vehicles.
Long-term bicycle storage. Also called protected bicycle storage. Bicycle parking spaces intended
for employees, tenants, and their visitors and intended to provide a high degree of security and
protection from the weather when a bicycle is unattended for a period of time in excess of four
hours.
Long-term care facility. A facility providing housing, supportive services, and skilled nursing care.
Additional services may include, but are not required (for purposes of these LDRs) to include,
social and recreational programs, education, information and counseling, living and housekeeping
support, congregate dining facilities, transportation, personal services, other medical support, and
convalescent care. This definition encompasses assisted living facilities and multi-unit dwellings
that provide independent living arrangements along with significant supportive services of the
types listed above. This definition excludes residential care homes as defined by 33 V.S.A §7102(10)
and group homes as defined by 33 V.S.A. §7102 (11).
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

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uses accessory or incidental to the operation thereof, together with such open spaces as required
by these land development regulations. Lot boundaries are (A) Established by a deed or deeds
recorded in the land records of the City of South Burlington, and the records of any public road
right-of-way; or (B) Shown on a plat approved by the South Burlington Development Review Board
pursuant to subdivision and/or land development regulations, provided such approval has not
expired.
Lot, building. A lot containing, or intended to contain, a principal building.
Lot, Civic Space. A lot consisting of a Civic Space.
Lot, conservation. A lot consisting of land that has been permanently conserved by a
conservation easement.
Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street
in such a way that the front building line meets either side lot line at interior angle of less than
135 degrees. The point of intersection of the front lot lines is the corner. A corner lot shall be
deemed to have two front yards and two side yards and no rear yard.
Lot, flag.
(A) A lot with no frontage on or abutting a public road and where access to the public road is
by a narrow right-of-way usually granted by easement over another lot with the normally
required frontage, or
(B) A lot for which access is provided by a narrow projection of the lot at least fifteen (15) feet
in width connecting said lot to a public street. A driveway accessible by emergency
equipment must be located on the projection.
Lot, interior. A lot other than a corner lot and with frontage only on one street.
Lot, Infrastructure. A lot consisting of infrastructure such as stormwater, parking, or utilities.
Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size
requirements and such lot is contiguous to another lot owned by the same lot owner, such
contiguous lots shall constitute a single lot, except that:
(A) Contiguous lots which as of June 7, 1947 were devoted to separate and independent uses
shall constitute separate lots so long as such lots continue to be devoted to separate and
independent uses; or
(B) Contiguous lots which are devoted to uses approved as separate uses under the South
Burlington Land Development Regulations shall constitute separate lots provided such
uses are conducted in compliance with the terms and conditions of the approvals granted ;
or (C) contiguous lots which are shown on a plat approved by the South Burlington
Development Review Board pursuant to City regulations shall constitute separate lots
provided such approval has not expired.
Lot, through. A lot other than a corner lot with frontage on more than one street.
Lot area. The total area within the lot lines of a lot, excluding any street rights -of-way.
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Lot coverage. The total area covered by all principal and accessory buildings, impervious surfaces,
and swimming pools on a lot, unless otherwise specified in these Regulations. See also ‘building
coverage.’
Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and
rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to
rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these
lines.

Figure 2-1, Lots, Yards, and Lot Lines

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Lot line. A property line of record bounding one lot from another lot or from a public or private
street or any other public or private space.
Lot line, front. The lot line separating a lot from a street right-of-way. Refer to Figure 2-1 for
examples of lot lines for non-standard lots.
Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot line is
ten (10) feet or less in length, or if the lot comes to a point at the rear, the rear lot line shall be
deemed to be a line parallel to the front lot line. In this case, the rear lot line shall be a line not
less than ten (10) feet long at the greatest distance from the front lot line and lying wholly
within the lot.
Lot line, side. Any lot line other than a front or rear lot line.
Lot owner. A lot owner is the record owner of fee title to a lot.
Lot size. See lot area.
Lot width. The distance between the side lot lines, or for a corner lot, between the side lot line and
the intersection of the two front lot lines, measured along a minimum front setback / build -to zone,
as established by these land development regulations. If no setback is required for the lot
according to these land development regulations and neither setback nor build -to zone has been
established on a previously recorded plat or site plan, lot width is the distance between the side lot
lines, or for a corner lot, between the side lot line and the intersection of the two front lot lines,
measured along the street right-of-way.
Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installation
or assembly on the dwelling site, which is at least eight (8) feet in width and at least thirty (30) feet
in length, which bears a seal that it was built to the standard pursuant to the “National
Manufactured Housing and Construction Safety Standards Act of 1974,” 42 U.S.C. Sec.5401 et seq.,
which is placed upon a permanent foundation which meets the installation and foundation
requirements of the State of Vermont, but which is not constructed or equipped with a permanent
hitch or other device allowing it to be moved other than for the purpose of moving to a permanent
site, and which does not have permanently attached to its body or frame any wheels or axles. A
manufactured home shall be connected to required utilities.
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.
Mean roof height. A point on a building’s roof that represents the average height of the roof, and
which is calculated by method determined by roof style under Section 3.07C.
Mezzanine. An intermediate level or levels between the floor and ceiling of any story.

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Mid-block. The segment of a block length that is located a distance from each corner that is equal
to at least 1/3 of the block length.
Mixed use. A structure or development that is occupied by a nonresidential use and a residential
use, or by a mix of non-residential uses.
Mobile home. A movable or transportable dwelling unit of at least eight (8) feet in width and thirtytwo (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.
Municipal land use permit. Any of the following whenever issued:
(A) A zoning, subdivision, site plan, zoning permit or other approval pursuant to these
Regulations, any of which relate to “land development” as defined in this Article, which has
received final approval from the applicable board, commission or officer of the municipality;
or
(B)

a septic or sewage system permit issued under any municipal ordinance; or

(C) a certificate of occupancy, certificate of compliance or similar certificate which relates to the
permits or approvals described in (A) or (B) above; or
(D) an amendment of any of the documents listed in (A) through (B) above.
Municipal building or facility or facility. A building, or structure, or facility owned and operated by
a Vermont municipal corporation or union municipal district to house municipal functions,
agencies, or offices, and which may or may not be open to the general public.
Natural drainage flow. The pattern of surface and stormwater drainage from a particular site
before the construction or installation of improvements or prior to any regarding.
Natural materials. Indigenous materials such as plants, shrubs, trees, wood that is stained or
painted a neutral brown or grey color, unpainted stone, and unpainted brick. “Natural materials”
shall not include glass or concrete for purposes of these Regulations.
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.

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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 o f
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.
Official Map. The legally adopted Official Map of the City of South Burlington pursuant to
subsection 3 of section 4401 Title 24 VSA Chapter 117, as amended.
Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource
conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor
recreation and civic use, working lands, or local food production. Open space must be of a quality
and size that supports its intended function or use. Open space specifically excludes streets,
parking areas, driveways and other areas accessible to motor vehicles. See also Civic Space, Site
Amenity.
Open space, common. Land within or related to a development, not individually owned or
dedicated for public use, which is designed and intended for the common use or enjoyment of
the residents or employees of the development, and may include such complementary
structures and improvements as are necessary and appropriate.
Open space, public. Open space owned in fee or by the City, a public agency, land trust, or
non-profit organization and maintained for the use and enjoyment of the general public,
health, safety, and welfare of the general public, habitat preservation, agriculture or urban
agriculture, or preservation of other public goods such as landscape or scenic vista
preservation.
Operable entrance. An entrance to a building that is useable and accessible to the tenants / owners
to access that portion of the building that is available for their use. An operable entrance may be to
an individual residential or commercial unit, or to some or all of the building. Any such door must
be available for entry and exit. Distances between and average frequency of operable entrances
shall be measured per building.
Outdoor display. An outdoor arrangement of products for sale, together with accompanying
display structure, typically not in a fixed position and capable of rearrangement, and typically with
products brought indoors when the business is closed.

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Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or
unregistered vehicles for more than twenty-four hours.
Owner. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or
tenant in the entirety with legal title to the whole or to part of a structure or parcel of land.
Parcel. A lot or tract of land or water that is capable of being described in definitive terms with
respect to its location and boundaries.
Park. Any land owned by the public and open for use by the general public for active or passive
recreational purposes, urban agriculture, or as a refuge for wildlife.
Parking area, facility, or lot. An off-street public or private land area designed and used or intended
for use for the temporary storage of motor vehicles and usually surfaced and improved. Such
facility may be a garage or multi-modal center.
Parking, public. A municipally-owned parking area available to the public and therefore not for the
exclusive use of the customers or employees of the lot on which the parking area is located. A
public parking facility may or may not require payment of a fee.
Parking, surface. A parking area that is located directly on the ground on a single level.
Parking lane. The portion of the pavement width of a street dedicated primarily to the parking of
vehicles, including striping and gutter pan if present.
Pavement width. The width of the paved portion of a street not including any trails, sidewalks, or
pullouts for transit vehicles.
Performance standards. A set of criteria or limits established by these land development
regulations relating to nuisance elements that a particular use or process shall not exceed.
Permitted use. A use allowed in a zoning district and subject to the restrictions applicable to that
zoning district.
Person.
(A) An individual, a corporation, a partnership, an association, and any other incorporated or
unincorporated organization or group.
(B) For the purposes of Inclusionary Zoning standards within these Regulations, person means an
individual, partnership, corporation, association, unincorporated organization, trust or other
legal or commercial entity, including a joint venture or affiliated ownership; a municipality or
state agency; and, individuals and entities affiliated with each other for profit, consideration,
or any other beneficial interest derived from the development of land. The following
individuals and entities shall be presumed not to be affiliated with a person for the purposes
of profit, consideration, or other beneficial interest within the meaning of this definitions,

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DEFINITIONS

unless there is substantial evidence of an intent to evade the purposes of the standards within
these Regulations:
(1) A stockholder in a corporation shall be presumed not to be affiliated with a person solely
on the basis of being a stockholder if the stockholder owns, controls, or has a beneficial
interest in less than five percent of the outstanding shares of the corpor ation;
(2) An individual shall be presumed not to be affiliated with a person solely for actions taken
as an agent of another within the normal scope of duties of a court -appointed guardian,
licensed attorney, real estate broker or salesperson, engineer, or land surveyor, unless the
compensation received or beneficial interest obtained as a result of these duties indicates
more than an agency relationship; or
(3) a seller or chartered lending institution shall be presumed not to be affiliated with a
person solely for financing all or a portion of the purchase price at rates not substantially
higher than prevailing lending rates in the community.
Permeable surface. A material that permits full or partial absorption of stormwater into the ground.
Pervious surface. See permeable surface.
Place of worship. A building or structure, or groups of buildings or structures, which by design,
construction, or use are primarily intended for the conducting of organized religious services and
associated accessory uses. May also include use of facilities for indoor or outdoor recreation,
community center, or licensed non-residential child care as accessory uses.
Plan, City. A municipal development plan adopted pursuant to subchapter 5, section 4385 of Title
24 VSA Chapter 117.
Plan, final. A map and site plan representing a tract of land, showing all required elements of a site
plan and which is presented to the Development Review Board or Administrative Officer for final
approval.
Plan, preliminary. A preliminary map and site plan indicating the proposed layout of the site which
is submitted to the Development Review Board or Administrative Officer for consideration and
preliminary approval.
Plan, sketch. A concept map of a proposed site plan of sufficient accuracy and detail to be used for
the purpose of discussion with the Administrative Officer or Development Review Board.
Planned unit development (PUD). One or more parcels of land to be developed as a single entity,
the plan for which may propose any authorized combination of density or intensity transfers or
increases, as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw
requirements that are otherwise applicable to the area in which it is located with respect to the
area, density or dimensional requirements or allowable number of structures and uses per lot as
established in any one or more districts created under the provisions of these regulations. The
specific requirements of a PUD and the area, density and dimensional provisions that may be
modified are defined by the PUD Type.
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Planning Commission. The City of South Burlington Planning Commission, created pursuant to
subchapter 2 of Title 24 VSA Chapter 117 and the City Charter.
Plant material. The trees, shrubs, plants, or other ground cover including grass that constitutes the
plant component of landscaping.
Plat. (A) A map representing a tract of land, showing the boundaries and location of individual
properties and streets, or (B) A map of a subdivision.
Plat, final. The final map of all or a portion of a subdivision which is presented to the
Development Review Board for final approval and which, upon approval, shall be recorded
with the City Clerk.
Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which
is submitted to the Development Review Board for consideration and preliminary approval.
Plat, sketch. A concept map of a proposed subdivision of sufficient accuracy and detail to be
used for the purpose of discussion with the Administrative Officer or Development Review
Board.
Porch: a covered but unenclosed projection from the main wall of a building.
Porch, open: A porch, open on three sides.
Porch, enclosed: A porch, enclosed on two or more sides by glass, plastic, netting, wire, walls,
or similar temporary or permanent materials at a height above 42 inches from the porch floor,
or the minimum required railing/wall height of the International Building Code, whichever is
greater.
Preliminary approval. The conferral of certain rights, prior to final approval, after specific elements,
as required in this ordinance, of a development site plan, master plan, planned unit development
or subdivision have been approved by the Development Review Board.
Primary agricultural soils. Soils classified by the Natural Resources Conservation Service as prime
or statewide important soils for agriculture production.
Principal building. A building in which is conducted or is intended to be conducted the main use or
uses of the lot on which it is located.
Principal use. The primary or predominant use of a lot.
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 access ory use.
Prohibited use. A use that is not allowed in a zoning district.

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DEFINITIONS

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 aga inst
flood damage, sedimentation, and erosion.
Public entrance. An entrance to a building that is useable and open to the public during business
hours. Any such door must, at a minimum, be useable and open to the public for entry. Distances
between and average frequency of public entrances shall be measured per building.
Public notice. The form of public hearing notice prescribed by Title 24 VSA Chapter 117, Section
4464.
Public realm. Includes all exterior places, linkages and built form elements that are physically
and/or visually accessible to all members of the general public, during all business hours, or the
majority of the day for residential buildings, regardless of ownership. These elements can include,
but are not limited to, pedestrian ways, bikeways, plazas, nodes, squares, transportation hubs,
playgrounds, parks, landmarks and are typically adjacent to the street or public place. The Public
Realm shall be a physical place.
Quasi-public use. A use owned or operated by a non-profit, religious, or charitable institution and
providing educational, cultural, recreational, religious, or other similar types of public programs.
Rare, threatened or endangered species. A wildlife or plant species identified by the Vermont
Department of Fish & Wildlife as being rare, threatened or endangered.
Recreation path. A public path, any portion thereof, either existing or planned, that is used by the
general public for recreation.
Recreational vehicle. A motorized or non-motorized vehicle or piece of equipment usually used or
stored on wheels or used in the water and used for leisure time for camping, boating, and
traveling. "Recreational vehicle" shall include personal watercraft, (e.g. Jetskis).
Redevelopment.
(A) The demolition and reconstruction of a structure or portion of a structure.
(B) For the purposes of stormwater standards within these Regulations, the demolition and
reconstruction of a structure, impervious surface, or portion of a structure or impervious
surface.
Regional Solid Waste Management Facility. A facility certified under 10 V.S.A. chapter 159
Religious use or institution. See Place of Worship
Removal. The relocation of a structure from one site to another site, whether intact or in separate
pieces.
Repair. Any change to a structure that is not construction.
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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.
Residence. The home, abode, or place where an individual is living at a specific point in time.
Residential care home. A residential care home as defined by 33 V.S.A §7102(10)
Residential use. A use defined as a dwelling, dwelling unit, housing, or housing unit.
Residential district. A zoning district established in these land development regulations which
primarily permits residential uses. This shall include Low-Scale Neighborhood (LSN), MediumScale Neighborhood (MSN), Queen City Park (QCP), and any other subsequently adopted
residential districts.
Resource extraction. The removal or recovery by any means whatsoever of soil, rock, minerals,
mineral substances, or organic substances, other than vegetation, from water or land, on or
beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
Retaining wall. A structure constructed and erected between lands of different elevations to protect
structures and/or to prevent erosion.
Right-of-way.
(A) A strip of land created by conveyance, reservation, dedication, prescription or condemnation,
and intended to be occupied primarily by a means of access or utilities, as such by road, path,
crosswalk, sidewalk, recreation trail, railroad, electric transmission lines, oil or gas pipeline,
water line, sanitary sewer, storm sewer or drainage, utility line, and other similar uses; or
(B) generally, the right to pass over the property of another.
Runoff. See stormwater.
School. A building or premise or part thereof that is designed, constructed, or used for education
or instruction in a branch of knowledge. The school may be public or private. Such use shall not
include vocational or trade school; these are termed personal instruction facilities.
School, elementary. Any school that meets state standards and requirements for elementary
education.
School, secondary. Any school that meets state standards and requirements for secondary
education.
Seasonal mobile food unit: A short order restaurant that is open for business for only a portion of
each year. Food is customarily consumed partially on and partially off premise. Outdoor seating
may consist of benches, tables, and chairs that are not permanently affixed to the ground. The food

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DEFINITIONS

unit, along with all accessory items such as tables, chairs, benches, and dumpsters, are removed
from the site at the expiration of a permit under these regulations. Restrooms are not customarily
provided in conjunction with a seasonal mobile food unit.
Security identification display area: As defined by 49 Code of Federal Regulations (CFR) §1542 as
revised.
Setback. The distance from the nearest portion of a structure to any lot line. For purposes of this
section, a structure shall not include:
(A) eaves, sills, pilasters, gutters, leaders, cornices, chimneys, and roof overhangs provided such
features do not extend more than two (2) feet from the remainder of the structure;
(B) steps to first floor entries provided such features do not extend more than five (5) feet from
the remainder of the structure or front porch as allowed under these regulations;
(C) ramps for the disabled; and
(D) light poles.
Setback(s), front. The required setback from the front lot line.
Setback, rear. The required setback from the rear lot line.
Setback(s), side. The required setback from the side lot line.
Short term bicycle parking. Also called bicycle parking. Bicycle parking spaces to accommodate
customers, patients, employees, clients, visitors and those biking to a destination for a limited
time.
Shrub. A woody branching plant of relatively low height.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street,
used as a pedestrian walkway. The sidewalk may be separated or may directly abut the street,
according to regulations in this ordinance.
Sidewalk, full. A sidewalk running flush with the curb by landscaping provided in tree wells or
planters
Sidewalk, ribbon. A sidewalk separated from the curb by a landscaped greenbelt.
Sign. A sign as defined in the City of South Burlington Code of Sign Ordinances, Chapter 26- Signs,
as amended.
Significant Natural Community. As defined by the Vermont Fish and Wildlife Department’s Natural
Heritage Inventory.
Significant tree. A tree other than an evergreen with a caliper of eighteen (18) inches or more.

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Significant wildlife habitat. Those natural features and resources that contribute to the survival
and/ or reproduction of the native wildlife of South Burlington. Such features and resources
include:
(A) Habitat for rare, threatened and endangered species (state or federally listed);
(B) River Corridors as defined in these regulations;
(C) Wetlands and wetland buffers as defined in these Regulations;
(D) Habitat Blocks, and
(E) Habitat Connectors.
Silviculture (forestry). Shall include the following land use activities conducted in accordance with
state-defined proper forest management: the growing and harvesting of trees or timber for
purposes other than their fruit; and the use of temporary processing equipment such as ch ippers
and portable sawmills, which are used in association with harvesting operations and are removed
from the site once harvesting operations are complete.
Site amenity. A civic space or private space dedicated for use by the public or users of a building
or group of buildings. Site Amenity types are defined by the combination of certain physical
constants including the relationships among their intended use, their size, their landscaping and
their adjacent features such as streets, buildings, and/or natural areas.
Site balancing. Where stormwater control and/or treatment of certain limited areas of new,
redeveloped, or substantially reconstructed impervious surface area are not possible, the impact
from these areas of untreated impervious surfaces will be compensated on an equivale nt basis by
controlling and/or treating other impervious surfaces on the lot, parcel, or property. This can be
accomplished by providing additional control and/or treatment beyond what is required for
impervious surface areas already subject to the requirements of 13.05(E) or by providing control
and/or treatment for impervious surfaces that are not otherwise required to meet the requirements
of 13.05(E). The applicant must own or otherwise control the impervious surfaces used for site
balancing.
Site plan. The development plan for one or more lots on which is shown the existing and proposed
conditions of the lot(s) including topography, vegetation, drainage, floodplains, marshes, and
waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping,
structures, signs, lighting, screening devices, and other information that reasonably may be
required in order that an informed decision can be made by the Development Review Board or
other approving agent or body.
Single block face. A continuous span along a block without a vehicular street.
Small maturing tree. A tree whose height is thirty-five (35) feet or less at maturity and meets the
specification of “American Standards for Nursery Stock” published by the American Association of
Nurserymen. See also canopy tree.

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Steep slopes. Any land formation, aside from individual rocks, with a measured slope of between
15 and 25% containing a vertical drop of at least three (3) feet. Any such land formations that are
human-made and previously permitted by the City, as shown on an approved site plan or other
permit documentation, shall not be considered, and are excepted from the definition of “steep
slopes”.
Steep slopes, very. Any land formation, aside from individual rocks, with a calculated slope of
over 25% containing a vertical drop of at least three (3) feet. Any such land formations that are
human-made and previously permitted by the City, as shown on an approved site plan or
other permit documentation, shall not be considered, and are excepted from the definition of,
“very steep slopes”.
Stoop. A building entry facing a street, civic space, or courtyard with the first story elevated from
the sidewalk for privacy, with an exterior stair and landing at the entrance.
Stormwater. The portion of precipitation and snowmelt that flows across ground surfaces and is
eventually returned to a waterbody such as a river, stream, pond, or reservoir.
Story. That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above.
Story, half. The habitable floor area within the roof of a sloped roof structure or the attic made
habitable with dormers.
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 Broo k and
Muddy Brook.
Stream, intermittent. Streams with a drainage area smaller than 0.5 square miles that are not
subject to the River Corridor regulations. This definition shall not include ditches and other
constructed channels primarily associated with land drainage or water conveyance.
Street. A way primarily for vehicular travel that
(A) is an existing state, county, or municipal roadway; or
(B) is shown upon an approved and recorded plat approved pursuant to law; or
(C) is approved by other official action. A street shall include all land between the street lines (also
known as the boundary lines of the right-of-way), whether improved or unimproved. The word
“street” shall be equivalent to the words “road” or “roadway.”

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Street, arterial. A public street that is used or will be used primarily for through traffic flow.
These streets are designated in the transportation chapter of the City Plan.
Street, collector. A street that is used or will be used primarily for connecting local street
traffic to the arterial street system. These streets are designated in the transportation chapter
City Plan.
Street, local. A street used primarily for direct access to property and not for through traffic
flow. These streets are all those not designated as arterial or collector.
Street, private. A private street is any street providing access to one or more parcels of land
that is not intended to be accepted for ownership by the City. The dimensional standards,
including width of the right of way and roadbed, and method of connection to public streets,
are determined by the City. A private street is expected to meet the standards determined by
the City and shall not be confused for an access drive, driveway or the specifications thereof.
Street, public. A right-of-way or fee simple tract of land which has been set aside for public
travel, dedicated to the City by the recording of a subdivision plat or irrevocable offer of
dedication, built to public street standards, and eligible for ownership by the City of South
Burlington or other public entity.
Street furniture. Objects placed along a street for public use, such as benches, waste bins, etc.
Street orientation. The direction of the front façade of a structure in relation to the street.
Street line. The outer boundary of a street right-of-way.
Street type. Title, function and requirements for design of street rights-of-way.
Street right-of-way. Any right-of-way that is either:
(A) Public: set aside for public travel which is accepted or eligible to be accepted for ownership by
the City of South Burlington or the State, if so authorized; or has been dedicated for public
travel by the recording of a plat or a subdivision which has been approved or is subsequently
approved by the City of South Burlington; or has otherwise been established as a public street
prior to the adoption of these land development regulations; the right -of-way for a public
street. Or
(B) Private: set aside to allow travel and access between one or more parcels of land and a public
street, the dimensions of which shall be depicted clearly on a plat or plan approved or
subsequently approved by the City and recorded or proposed to be recorded in the land
records and which is not intended to be, and will not be, accepted for ownership by the City of
South Burlington; the right-of-way for a private street.
Structure. Any construction, erection, assemblage or other combination of materials upon the
land, including but not limited to, buildings, mobile homes, swimming pools, tennis courts,
antennas, satellite dishes, utility sheds, trailers, billboards, signs, walls or f ences (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

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ground or water. By definition, all buildings are structures, but not all structures are buildings. The
term “structure” shall not include paved surfaces such as parking areas, sidewalks, and patios.
Subdivider. Any person, firm, corporation, partnership, or association, who shall lay out for the
purpose of sale or development any subdivision or part thereof as defined herein either for himself
or others. The term shall include an applicant for subdivision approval.
Subdivision.
(A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other
divisions of land for sale, development, or lease. The term subdivision includes amended
subdivision and, as appropriate in these regulations, shall refer to the process of subdividing
land.
(B) Division of land such as for minor realignment of property boundary lines of pre -existing lots,
for municipal purposes which conform to the City Plan (such as road widening, easements,
sidewalks, parks, etc.), or alteration of existing lots as specifically permitted under these Land
Development Regulations, shall not be deemed a subdivision, but is known as a minor lot line
adjustment.
Substantial improvement. Any repair, reconstruction, or improvement of a structure or property,
the cost of which equals or exceeds fifty percent (50%) of the fair market value of the structure or
property either, before the improvement or repair is started, or if the structure or property has been
damaged and is being restored, before the damage occurred. For the purpose of this definition,
substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor,
or other structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however, include either
(A) any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living
conditions, or
(B) any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Substantial reconstruction. The reconstruction of an impervious surface where an impervious
surface currently exists when such reconstruction involves site grading, subsurface excavation, or
modification of existing stormwater conveyance. Substantial reconstruction does not include
maintenance or management activities on impervious surfaces including any crack sealing,
patching, cold planing, resurfacing, or reclaiming treatments used to maintain pavement and
bridges, or grading treatments used to maintain unpaved roads.
Swimming pool. An artificial body of water or receptacle for water and constructed, installed, or
maintained in or above ground.
TDR. Transfer of Development Rights or Transferrable Development Rights.

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Technical deficiency. A defect in a proposed plan or bylaw, or an amendment or repeal thereof
which does not involve substantive change to the proposal, including but not limited to corrections
to grammar, spelling and punctuation, as well as the numbering of sections.
Townhouse or rowhouse. See dwelling.
Tract. An area, parcel, site, piece of land, or property that is the subject of a development
application.
Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials,
goods or objects, or is used as a temporary office. Trailers shall be allowed on a work site as
temporary offices provided any such temporary location has received necessary approvals.
Travel lane. The portion of the pavement width of a street dedicated primarily to the movement of
vehicles in one track of travel including striping if present.
Telecommunications. The transmission and reception of audio, video, data, and other information
by wire, radio frequency, light, microwave, and other electronic or electromagnetic systems.
Telecommunications tower. A structure on which transmitting and/or receiving antenna(e) are
located. Such antenna(e) may be used for commercial, industrial, municipal, county or state
telecommunication purposes. Such structure may be a purpose-built free-standing tower, guyed
tower, monopole, camouflaged or “stealth” design tower, a roof with mounted antenna(e), or any
building façade of steeple, water tower, silo, sign, or other similar structure.
Transferable development rights. The development potential of a parcel of land assigned by these
regulations which may be severed from a parcel (the sending parcel) and which may be transferred
to and used on another parcel (the receiving parcel), as defined in 24 V.S.A. section 4423, as
amended from time to time.
Transect Zone. A type of District established within the Form Based Code portion of these Land
Development Regulations. Also known as a T-Zone.
Transect zone unit. Within a Transect Zone, a unit shall be considered as 1,500 sq. ft. gross floor
area (GFA) (regardless of the number of bedrooms or use) for the purposes of calculating
minimum density. All new dwelling units less than 1,500 sq. ft. GFA shall equal the proposed new
unit GFA sq. footage divided by 1,500, for example: 750 sq. ft. shall be considered ½ unit. A new
structure or proposed square footage of 1,501 sq. ft. GFA or larger shall be considered
(proportionately) more than one unit; for example, 3,000 sq. ft. GFA of new or proposed
construction shall be considered two units. Units per acre allowances shall use this standard.
•

In T-5 and T-4 micro-units (for affordability purposes 200 sq. ft. to 500 sq. ft.) shall be
allowed and encouraged.

•

In T-3 cottage housing/starter houses (houses under 1200 sq. ft. or less than one unit) is
encouraged.

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Transect Zone Subdivision. A subdivision of land within a Transect Zone.
Undue adverse impact. An impact that 1) violates a clear, written community standard under these
regulations, and that 2) cannot be mitigated through siting or design modifications or conditions of
approval.
Urban agriculture. The use of land and structures within or on the edge of an urban or suburban
area to produce, process, and market food and fuel, primarily for local consumption. Characterized
by intensive production methods on relatively small sites as compared to traditional farming. May
include but not limited to: greenhouses; rooftop gardens; community gardens; backyard poultry,
bees, or other livestock.
Use. The specific purpose or activity for which a structure, building, or land is or may be designed,
arranged, designated, or intended or for which a structure, building, or land is or may be occupied
and maintained. The term "permitted use" or its equivalent shall not be deemed to include any
nonconforming use.
Utility, private or public.
(A) Any person, entity, agency, or establishment which, under public franchise or ownership, or
under certificate of convenience and necessity, generates, transmits, distributes, and/or
provides the public with utility services such as electricity, gas, heat, steam, communication,
transportation, water, sewage collection, cable television, telephone, or other similar service,
or
(B) a closely regulated private enterprise with a franchise for providing a public service. Such
services include the erection, construction, alteration, or maintenance of underground,
surface or overhead transmission and collection systems, and the equipment and
appurtenances necessary for such systems to furnish an adequate level of public serv ice.
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 communicati on
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.
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);
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(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.
Wetland. An area that is inundated by surface or groundwater with a frequency sufficient to
support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions
for growth and reproduction. Such areas include, but are not limited to, fens, marshes, swamps,
sloughs, potholes, ponds, but excluding such areas used to grow food or crops in connection with
farming activities. The boundary of a wetland shall be delineated by the methodology set forth in
the 1989 edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, or
any subsequent amendment or revision of that document. Wetlands are classified as Class I, Class
II, or Class III wetlands by the most recently adopted Vermont Wetland Rules.
Window head: The upper transverse member of a window.
Window head height: Height of a window head measured from the floor of the building’s story.
Window sill: The horizontal member at the bottom of a window opening.
Working land. Land that is used for farming or forestry.
Yard. An area on a lot that lies between the principal or accessory building or buildings and the
nearest lot line, and is unoccupied and unobstructed from the ground upward to the sky by any
structure or portion thereof except as permitted by these land develop ment regulations. Fences,
walls, poles, posts, and other customary yard accessories and ornaments may be permitted in any
required yard, subject to height limitations. A required yard is that portion of a yard meeting the
minimum yard requirements of the applicable zoning district. [See Also Figure 2-1, Lot Lines and
Yards]
Yard, front. A yard extending the full length of the front lot line and situated between the front
lot line and the front of the principal building at its farthest point from the front lot line. Each
yard that abuts a front lot line shall be deemed a front yard.
Yard, rear. A yard extending across the full length of the rear lot line and situated between the
rear lot line and the back of the principal building at its farthest point from the rear lot line. In
the case of a through lot or corner lot, there shall be no rear yard, but only front and side
yards.
Yard, side. A yard extending along the full length of the side lot line and situated between the
side lot line and the side of the principal building at its farthest point from the side lot line, but
excluding any area encompassed within a front yard or rear yard. In the case of a through lot
or corner lot, there shall be no rear yard, but only front and side yards. See Figure 2-1.

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DEFINITIONS

Zero lot line. The location of a building on a lot in such a manner that one or more of the building's
sides rests directly on a lot line.
Zoning district. A specifically delineated area or district within the corporate limits of the City of
South Burlington for which the requirements governing use, placement, spacing, size, lot
dimensions, and bulk of buildings and premises are uniform. This is also known as a zone.
Zoning map. The Zoning Map or Maps of the City of South Burlington, Vermont, together with all
amendments subsequently adopted, which are part of these Land Development Regulations and
which delineate the boundaries of the zoning districts. Also includes any Form Based-Codes
District Map and associated designated Street Types.
Zoning permit. A document signed by the Administrative Officer, as required in these Regulations,
as a condition precedent to the commencement of land development a use or the erection,
construction, reconstruction, restoration, alteration, conversion, or installation of a structure or
building, which acknowledges that such use, structure, or building complies with the provisions of
the Regulations or authorized variance.

2.03

Definitions for Flood Hazard and River Corridor Purposes

The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay
District.
Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for
the purposes of this bylaw.
Associated transportation and utility networks . Those transportation and utility networks
connected to a bridge, culvert, or utility for the purpose of crossing a river or stream and do not
include transportation or utility networks within the river corridor that merely run parallel to a river
or stream.
Average grade level. The average of the natural or existing topography at center of all exterior
walls of a building or structure to be placed on site.
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year
(commonly referred to as the “100-year flood”).
Base flood elevation (BFE). The elevation of the water surface elevation resulting from a flood that
has a 1 percent chance of equaling or exceeding that level in any given year. On the Flood
Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical
Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood
Insurance Study report, or the average depth of the base flood, usually in feet, above the ground
surface.

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Commented [KP3]: Staff recommends deleting this to
avoid overlap and confusion with when a Zoning Permit is
required

DEFINITIONS

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Basement. Any area of a building having its floor elevation below ground level on all sides,
including crawlspaces.
Channel. An area that contains continuously or intermittently flowing water that is confined by
banks and a streambed.
Common plan of development. Where a structure will be refurbished or constructed over a period
of time under one approved plan or permit, but in separate stages, phases, or in combination with
other construction activities. Such work might be planned unit by unit and may take place at
different times, or on different schedules.
Critical facilities. Facilities that are vital to public health and safety – includes police stations, fire
and rescue facilities, hospitals, public and private schools, shelters providing temporary housing
assistance, long-term care facilities, assisted living facilities, congregate care facilities, and skilled
nursing burning facilities.
Designated center. A downtown, village center, new town center, growth center, or neighborhood
development area designated pursuant to 24 V.S.A. Chapter 76A.
Development. Any human-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
Encroachment. Activities or construction including fill, substantial improvements, and other
development that may cause an increase in flood levels.
Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream
channel that occurs when water flow, sediment, and woody debris are transported by the stream in
such a manner that it generally maintains dimensions, pattern, and slope without unnatura lly
aggrading or degrading the channel bed elevation.
Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or
diminishes the flood storage capacity at the site. Temporary storage of materials for less than 180
days is not considered fill.
Flood.
(A) A general and temporary condition of partial or complete inundation of normally dry land
areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and mudslides which are proximately caused by
flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water and deposited along the path of the
current;
(B) The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,

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accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding.
Flood hazard. Those hazards related to damage from flood-related inundation or erosion.
Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. §
59.1. “Area of special flood hazard” is synonymous with the term “special flood hazard area.”
Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and the risk premium zones
applicable to the community. In some communities the hazard boundaries are available in paper,
pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map (DFIRM).
Flood insurance study. An examination, evaluation and determination of flood hazards and, if
appropriate, the corresponding water surface elevations or an examination, evaluation and
determination of mudslide (i.e., mudflow) and /or flood related erosion hazards.
Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any
source (see definition of “flood”).
Flood proofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot at any point. Please note that Special Flood Hazard Areas and
floodways may be shown on a separate map panels.

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Illustration of Floodway and Special Flood Area

Floodway, regulatory in the City of South Burlington . The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot at any point.
Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a
river. Fluvial erosion is most likely to occur within the river corridor.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water.
Grading. The movement or replacement of topsoil or other material originating on the site and
within the flood hazard area. Grading results in minor or no changes in topographic elevations. If
new material is brought from outside the flood hazard area and such new material is not offset
with an equal or greater removal of material from the portion of the site within the flood hazard
area, the new material shall be considered “fill” and shall not be considered grading.
Historic structure. Any structure that is:
(A) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;

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DEFINITIONS

(B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
(C) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(D) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
Infill development. A construction, installation, modification, renovation, or rehabilitation of land,
interests in land, buildings, structures, facilities, or other development in an area that was not
previously developed but is surrounded by existing development.
Letter of map change (LOMC). A letter issued by FEMA officially removing a structure or lot from
the flood hazard area based on information provided by a certified engineer or surveyor. This is
used where structures or lots are located above the base flood elevation and have been
inadvertently included in the mapped special flood hazard area. A LOMC can include a Letter of
Map Amendment (LOMA), Letter of Map Revision (LOMR), Letter of Map Revision based on Fill
(LOMR-F), or a Letter of Map Revision for a Floodway (LOMR-FW).
Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an
area other than a basement area is not considered a building’s lowest floor provided that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of 44 CFR 60.3.
Manufactured home (or mobile home). A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term “manufactured home” does not include a “recreational
vehicle”.
National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter
50 and implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance
Program aims to reduce the impact of flooding on private and public structures. It does so by
providing affordable insurance to property owners in communities that adopt and enforce
floodplain management regulations. These efforts help mitigate the effects of flooding on new and
improved structures.
Natural and beneficial floodplain functions. The functions associated with the natural or relatively
undisturbed floodplain which include moderating flooding, retaining flood waters, and reducing
erosion, sedimentation and flood related damage. Ancillary beneficial functions include support of
ecosystem services such as wildlife habitat, water quality, and recharge of ground water.
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New construction . Structures for which the start of construction commenced on or after the
effective date of the floodplain management regulation and/or River Corridor regulations adopted
by the community and includes any subsequent improvements to such structures.
Non-residential. Uses not defined as “Residential Use” in Section 2.02.
Public water access. A public access to a water of the State and, except for toilet facilities, shall not
include structures as defined in this bylaw.
Recreational vehicle. A vehicle which is:
(A) Built on a single chassis;
(B) 400 square feet or less when measured at the largest horizontal projection;
(C) Designed to be self-propelled or permanently towable by a light duty truck; and
(D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land,
interests in land, buildings, structures, facilities, or other development in a previously developed
area. The term includes substantial improvements and repairs to substantially damaged buildings.
Replacement structure. A new building placed in the same footprint as the pre-existing building
and does not include a change in use.
River. The full length and width, including the bed and banks, of any watercourse, including rivers,
streams, creeks, brooks, and branches which experience perennial flow. “River” does not mean
constructed drainageways, including water bars, swales, and roadside ditches.

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DEFINITIONS

River corridor. The land area adjacent to a river that is required to accommodate the dimensions,
slope, planform, and buffer of the naturally stable channel and that is necessary for the natural
maintenance or natural restoration of dynamic equilibrium conditions and for minimization of
fluvial erosion hazards, as delineated by the Vermont Agency of Natural Resources in accordance
with river corridor protection procedures. (10 V.S.A. § 1422).
Illustration of River Corridor

Special flood hazard area. The floodplain within a community subject to a 1 percent or greater
chance of flooding in any given year. For purposes of these regulations, the term “area of special
flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is
usually labeled Zone A, AO, AH, AE, or A1-30 in the most current flood insurance studies and on
the maps published by the Federal Emergency Management Agency. Maps of this area are
available for viewing in the municipal office or online from the FEMA Map Service Center:
msc.fema.gov. Base flood elevations have not been determined in Zone A where the flood risk has
been mapped by approximate methods. Base flood elevations are shown at selected intervals on
maps of Special Flood Hazard Areas that are determined by detailed methods. Please note, where
floodways have been determined they may be shown on separate map panels from the Flood
Insurance Rate Maps.
Start of construction. For purposes of floodplain management, determines the effective map or
bylaw that regulated development in the Special Flood Hazard Area. The “start of construction”
includes substantial improvement, and means the date the zoning permit was issued provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
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does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footing,
piers, or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless
whether that alteration affects the external dimensions of the building.
Storage. The aggregation of materials, items, or objects whether natural or human-made; that is
kept as a stockpile, collection, or inventory; where individual materials from the stockpile,
collection or inventory may change, but where the general footprint of the stored materials
continues to be used for the same purpose; whether set upon the land or within a container,
structure, or facility; and that would not otherwise be in compliance with these development
standards.
Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a
manufactured home, and any related built systems, including gas or liquid storage tanks.
Substantial damage. In Floodplain Overlay District Zones A, AE, and A1-30, damage of any origin
sustained by a structure whereby the cost of restoring the structure to its before -damaged
conditions would equal or exceed 50 percent of the market value of the structure before t he
damage occurred.
In Floodplain Overlay District Zones 0.2% B1 and B2, damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damaged conditions would equal or
exceed 100 percent of the market value of the structure before the damage occurred.
Substantial improvement. In Floodplain Overlay District Zones A, AE, and A1-30, any repair,
reconstruction, rehabilitation, addition, or other improvement of a structure after the date of
adoption of this bylaw, the cost of which, over three years, or over the period of a common p lan of
development, cumulatively equals or exceeds 50 percent of the market value of the structure
before the “start of construction” of the improvement.
In Floodplain Overlay District Zones 0.2% B1 and B2, any repair, reconstruction, rehabilitation,
addition, or other improvement of a structure after the date of adoption of this bylaw, the cost of
which, over three years, or over the period of a common plan of development, cumulatively equals
or exceeds 100 percent of the market value of the structure before the “start of construction” of the
improvement.
This term includes structures which have incurred “substantial damage”, regardless of the actual
repair work performed. The term does not, however, include either:
(A) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been previously identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions or

South Burlington Land Development Regulations

ARTICLE 2

DEFINITIONS

(B) Any alteration of an “historic structure”, provided that the alteration will not preclude the
structure’s continued designation as an “historic structure”.
Top of bank. The point along a streambank where an abrupt change in slope is

evident, and where the stream is generally able to overflow the banks and enter
the adjacent floodplain during flows at or exceeding the average annual highwater stage.
Top of slope. A break in slopes adjacent to steep-banked streams that have little or

no floodplain; or a break in slope where the side slopes adjacent to an incised, or
deeply cut, channel meet floodplains that have been abandoned or are

undergoing abandonment.
Illustration of Top of Slope

Violation. The failure of a structure or other development to be fully compliant with this bylaw. A
structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as
that documentation is provided.
Watercourse. Any perennial stream and shall not include ditches or other constructed channels
primarily associated with land drainage or water conveyance through or around private or public
infrastructure.
Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or
provide resistance to damage from flooding by allowing water to enter the structure in accordance

South Burlington Land Development Regulations

DEFINITIONS
with Technical Bulletin 7 published by FEMA. https://www.fema.gov/medialibrary/assets/documents/3503

South Burlington Land Development Regulations

ARTICLE 2

ARTICLE 3

GENERAL PROVISIONS

3 GENERAL PROVISIONS
3.01 Establishment of Districts and Description of Certain Districts
3.02 Official Map, Overlay District Maps, and Other Maps
3.03 District Boundaries
3.04 Applicability of Regulations
3.05 Lots
3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers
3.07 Height of Structures
3.08 Temporary Structures and Uses
3.09 Multiple Structures and Uses
3.10 Accessory Structures and Uses
3.11 Accessory Dwelling Units
3.12 Home Occupations
3.13 Group Homes and Residential Care Homes
3.14 Registered and Licensed Family Child Care Homes
3.15 Nonconformities
3.16 General Performance and Maintenance Standards
3.17 Reasonable Accommodation to Ensure Reasonable Access to Housing
3.18 Residential and Commercial Building Energy Standards
3.19 On-Site Solar Photovoltaic Systems

3.01 Establishment of Districts and Description of Certain Districts
A.

Establishment of Districts.

For the purpose of these regulations, the City of South Burlington is hereby divided into the districts
shown on the Official Zoning Map. This bylaw also contains provisions for overlay districts and a
floating district.
(1)

Residential Districts.
LSN Low-Scale Neighborhood
MSN Medium-Scale Neighborhood
QCP Queen City Park
NRP Natural Resources Protection

(2)

Commercial Districts.
HSMU Higher-Scale Mixed-Use
C1-AUTO Commercial 1 with Automobile Sales District
C1-AIR Commercial 1 with Airport-Related Uses District
C1-LR Commercial 1 with Limited Retail District
C2 Commercial 2 District

(3)

Industrial and Airport Districts.
IC Mixed Industrial and Commercial District
AIR Airport District

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GENERAL PROVISIONS

ARTICLE 3

I-O Industrial and Open Space District
(4)

Other Districts.
IA Institutional and Agricultural District (includes IA-North and IA-South)
PR Park and Recreation District
MU Municipal District

(5)

Overlay Districts. The following overlay districts are shown on the Overlay Districts Map:
Floodplain Overlay District
Scenic View Protection Overlay District
Interstate Highway Overlay District
Transit Overlay District
Urban Design Overlay District
River Corridor Overlay District
Habitat Block Overlay District
Habitat Connector Overlay District

(6)

City Center Form Based Codes Districts.
T-1 Transect Zone 1
T-3 Transect Zone 3-City Center
T-3+ Transect Zone 3 Plus-City Center
T-4 Transect Zone 4 Urban Multi-Use
T-5 Transect Zone 5 City Center

B.
(1)

Description of Certain Districts.
Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall include
those areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and 0.2%)
in and on the most current flood insurance studies and maps published by the Department of
Homeland Security, Federal Emergency Management Agency, National Flood Insurance
Program, as provided by the Secretary of the Agency of Natural Resources pursuant to 10 V.S.A.
Chapter 32 § 753, which are hereby adopted by reference and declared to be part of these
regulations. Zone 0.2% has been further divided into Zone B1 and Zone B2 on the Hazards and
Level II Natural Resources Maps, respectively. The location of the boundary shall be
determined by the Administrative Officer (AO).
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the above referenced studies and
maps as Zones A, AE, or A1-30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the above referenced studies and
maps as Zone 0.2%, and are separated into a zone that reflects generally developed and
priority development areas, and a zone that reflects generally undeveloped areas.

(2)

Airport Approach Cone. The boundaries of the Airport Approach Cone, as shown on the Official
Zoning Map, include all approaches to the runways at the Burlington International Airport.
Angles and widths of the approach cones are more specifically defined in the Burlington
International Airport Master Plan most recent update.

(3)

River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall
include those areas mapped as Statewide River Corridors in the City of South Burlington,
Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that
data based on field-based assessments which are hereby adopted by reference. On perennial
streams with a watershed size greater than half a square mile for which River Corridors are not

South Burlington Land Development Regulations

ARTICLE 3

GENERAL PROVISIONS

mapped, the standards in I Development Standards of Section 12.07(I) Development Standards
River Corridor Overlay District shall apply to the area measured as 50 feet from the top of the
stream bank or slope.
(4)

Habitat Block Overlay District. The boundaries of the Habitat Block Overlay District shall include
those areas mapped as the Habitat Blocks on the Habitat Blocks and Habitat Connectors Map.

(5)

Habitat Connector Overlay District. The boundaries of the Habitat Connector Overlay District
shall include those areas mapped as Habitat Connectors on the Habitat Blocks and Habitat
Connectors Map.

3.02 Official Map, Overlay District Maps, and Other Maps
A.

Official Zoning Map.

The Official Zoning Map describes the different and separate districts of the City of South Burlington
set forth in Section 3.01. The Official Zoning Map is a component of these Land Development
Regulations.
B.

Overlay Districts Maps 1 and 2.

The Overlay Districts Maps describe the different and separate overlay districts of the City of South
Burlington set forth in Section 3.01. The Overlay Districts Map 1 and Map 2 isare a components of
these Land Development Regulations.
C.

City Center Form Based Code.

Official MapPrimary and Secondary Streets, and Block Standard Applicability Map. This map shows
the applicable Transect zone, primary and secondary streets, and block standard applicability within
the City Center Form Based Code (Article 8).
D.

Natural Resources Map.

The Natural Resources Map identifies Hazards and Level II Resources, where mapping exists, that
are subject to the restrictions set forth in Article 12 of these regulations where mapping exists.
Delineations of boundaries of each resource are established within the applicable Article 12 Section.
E.

Habitat Block and Habitat Connector Overlay Districts Map.

The Habitat Blocks and Connectors Overlay District Map designates and establishes the boundaries
of Habitat Block and Habitat Connector Overlay Districts that are subject to the standards and
restrictions set forth in Sections 12.04 and 12.05 of these regulations.
F.

[Reserved].

G.

Official Map.

The Official Map of the City of South Burlington is adopted pursuant to subsection 3 of section 4401,
Title 24 VSA Chapter 117, as amended, filed in the office of the City Clerk, and incorporated herein
by reference.

3.03 District Boundaries
A.
(1)

Interpretation of District Boundaries.
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.

South Burlington Land Development Regulations

GENERAL PROVISIONS

ARTICLE 3

(2)

Boundaries indicated as approximately following the center lines of streets or highways shall
be construed to follow such center lines.

(3)

Boundaries indicated as approximately following platted lot lines shall be construed to follow
such lot lines.

(4)

Boundaries indicated as following railroad lines shall be construed to follow the center line of
the railroad right-of-way.

(5)

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and
in the event of change in the shore line such boundaries shall be construed as moving with the
actual shore line.
(a) Boundaries indicated as approximately following the center lines of streams, rivers, canals,
lakes, or other bodies of water shall be construed to follow such center lines.
(b) Boundaries indicated as parallel to or extensions of features indicated in subsections 1
through 4 above shall be so construed. Distances not specifically indicated on the Official
Zoning Map or described under each zone shall be determined by the scale of the map.

B.

Interpretation by Planning Commission.

Where physical or cultural features existing on the ground are inconsistent with those shown on the
Official Zoning Map, or in other circumstances not covered by subsections 1 through 7 above, the
Planning Commission shall interpret the district boundaries.
C.

Split Lots.

Where a district boundary line divides a lot which was in a single ownership at the time of passage
of these regulations, the Development Review Board may permit, as a conditional use, the extension
of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line
into the remaining portion of the lot (See Article 14 for Conditional Use Review). This provision shall
not apply to the boundary lines of any overlay or floating district.

3.04 Applicability of Regulations
A.

Area, Density, and Dimensional Requirements.

Except where the text of these Regulations provides otherwise, the size and dimension of lots and
yards, lot coverage, and density for all districts, except floating and overlay districts, shall be as
shown in Table C-2, Dimensional Standards.
B.

Minimum Requirements.

In their interpretation and application, the provisions of these regulations shall be held to be the
minimum requirements for the promotion of the public health, safety, and welfare.
C.

Primacy of Land Development Regulations.

Where these regulations impose a greater restriction than imposed or required by other provisions
of law or by other laws, rules, regulations, resolutions or ordinances, the provisions of these
regulations shall control.
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.

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ARTICLE 3
E.

GENERAL PROVISIONS

Most Recent Amendment in Effect.

Any citation of a statute, law, rule, regulation or ordinance contained in these regulations shall be
deemed to refer to such statute, law, rule, regulation or ordinance as amended, whether or not such
designation is included in the citation.
F.

Measuring Distance.

Unless otherwise specified, all distances shall be measured horizontally.
G.

Farms, Farm Structures and Silvicultural Practices.

These Regulations shall not regulate accepted agricultural and silvicultural practices as defined by
the Secretary of Agriculture, Food and Markets, including the construction of farm structures as
defined in these Regulations, except that a person shall notify the Department of Planning and
Zoning in writing of the intent to build a farm structure and shall abide by setbacks approved by the
Secretary of Agriculture, Food and Markets.
H.

Limitations on Authority.

These regulations apply to all proposed land development, except as limited by the provisions of
24 V.S.A. § 4413. For example, Habitat Block and Habitat Connector designations are subject to
the limitations in 24 V.S.A § 4413(a) for uses enumerated therein and proposed by entities such as
the State of Vermont, the City of South Burlington, the Champlain Water District, or the University
of Vermont. This subsection is intended to provide notice of existing limitations on these
regulations and is not intended to impose any limitations beyond those already imposed by 24
V.S.A. § 4413. This language is repeated on the Habitat Block and Habitat Connector Overlay
District map.
I.

Undue Adverse Effect.

Where the terms Undue Adverse Effect or Undue Adverse Impact are used in these Regulations, the
Development Review Board shall apply the test enumerated in Figure 3-0, Determining Undue
Adverse Effect:
Figure 3-0: Determining Undue Adverse Effect

South Burlington Land Development Regulations

GENERAL PROVISIONS

ARTICLE 3

The following test shall be used by the Development Review Board in all circumstances when the
South Burlington Land Development Regulations requires the Development Review Board to
determine whether or not a project will have an undue adverse effect.
1.

First, the Development Review Board shall determine if a proposed project will have an adverse
effect upon the resource, issue and/or facility in question. The Development Review Board shall
determine such by responding to the following question:
(a) Will the project have a detrimental impact upon the resource, issue and/or facility in question?

2.

If it is determined by the Development Review Board that a project will have an adverse effect,
the Development Review Board shall then determine if the adverse effect is “undue.” To
determine whether or not an adverse effect is undue, the Development Review Board shall
respond to the following two questions:
(a) Will the project conflict with a clear, written standard in these regulations or the Municipal
Plan applicable to the resource, issue or facility in question?
(b) Can the detrimental impact be avoided through site or design modifications, or mitigation, or
other conditions of approval?

The Development Review Board shall conclude that adverse effect is “undue” if the answer to 2(a) is
YES OR the answer to 2(b) is NO.

3.05 Lots
A.

Reduction of Lot Size.

No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of
these regulations shall be smaller than herein prescribed for each district.
B.

Lots With No Road Frontage.

No land development may be permitted on lots which do not have either frontage on a public road
or public waters, unless such lots have access to a public road or waters by a permanent easement
or right-of-way at least twenty (20) feet in width.
(1)

Required Information. Applications shall include a plan drawn to scale showing boundaries of
all properties crossed by and to be served by the proposed private right-of-way, dimensions
and grades of the right-of-way, point of access onto a public street, and other information as
the Administrative Officer or Development Review Board may require.

(2)

Conditions of Approval.
(a) The Development Review Board may require a right-of way wider than the twenty (120) foot
minimum if it is to serve more than one (1) lot.
(b) The Development Review Board may impose conditions to ensure the maintenance and
permanency of a private right-of-way and to insure that a right-of-way will not place a
burden on municipal services.
(c) For a lot with no frontage, the property line that abuts or is closest to the private right-ofway shall be construed as the front lot line and shall determine the front yard.

C.

Road Frontage.

No lot shall be created without a minimum of 30-ft of frontage on a public road unless accessed by
permanent easement or ROW and approved under 3.05(B).

South Burlington Land Development Regulations

ARTICLE 3
D.

GENERAL PROVISIONS

Existing Small Lots.

Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from
surrounding properties, and is in existence on the effective date of these Regulations may be
developed for the purposes permitted in the district in which it is located, even though the small lot
no longer conforms to the minimum lot size requirements of these Regulations.
(1)

However, development is prohibited on a lot not served by and able to connect to municipal
sewer and water service if either of the following applies:
(a) the lot is less than one-tenth acre in area; or
(b) the lot has a width or depth dimension of less than 30 feet.

E.

Corner Lots.

In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and shall have
two frontages. In cases where a lot has frontage on a public street and on a private right-of-way,
the lot shall be deemed a corner lot and shall have two frontages.

3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers
A.

General Provisions.

The size and dimensions of setbacks shall be as indicated in Table C-2, Dimensional Standards,
unless otherwise provided in these Regulations.
B.
(1)

Arterial and Collector Streets.
Existing and Planned Rights-of-Way. Table 3-1 indicates estimated existing and planned street
rights-of-way (ROW). For any proposed redevelopment project adjacent to a street in this Table,
the relevant front property line shall be measured from the Planned Street ROW. Where the
Planned Street ROW exceeds the Existing Street ROW, one half of the difference shall be
assigned to each side of the street unless the Development Review Board finds that the street
is not centered in its current ROW.
Table 3-1:Existing and Planned Streets Rights-of-Way
Street

Existing Estimated Street
ROW (feet)

Airport Drive
Airport Parkway
Allen Road
Dorset Street, north of Swift
Dorset Street, south of Swift
Hinesburg Road
Kennedy Drive
Kimball Avenue
Market Street
Patchen Road
Shelburne Road
Spear Street
Swift Street
Williston Road, east of the
Hinesburg Road-Patchen Road
intersection

66
66
66
66
66
66
100
100
80
66
100
66
50
66

Minimum Planned Street
ROW (feet)
80
66
66
100
66
80
100
100
80
66
100
66
66
90

South Burlington Land Development Regulations

GENERAL PROVISIONS
Williston Road, from the
Hinesburg-Patchen Road
intersection west

(2)

66

ARTICLE 3
100

For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet
from the edge of the planned street right-of-way.
Table 3-2: Streets Requiring a Minimum 50’ setback
Street
Allen Road
Hinesburg Road, south of I-89
Kennedy Drive
Spear Street, south of I-189

(3)

C.

Planned Arterial and Collector Streets. Planned public arterial and collector streets, as
designated by the Development Review Board, shall be subject to the provisions of this Section
3.06 and any frontage requirements.
Yards Abutting a Planned Street.

Yards abutting a right-of-way designated for a planned public street shall have a minimum setback
equal to the front setback requirement for the district in which the lot exists, unless the yards abut
any of those streets listed in above, in Section 3.06(B)(2) in which case the minimum setback shall
be fifty (50) feet from the edge of the planned street right-of-way.
D.

Setback Calculation.

No space which for the purpose of a building or dwelling has been counted or calculated as part of
a side, front, or rear setback or open space provision required by these Regulations may be counted
or calculated to satisfy or comply with a setback or space requirement of or for any other building.
E.

Traffic Visibility Across Yards.

No shrubbery shall be erected, maintained, or planted on any lot that obstructs or interferes with
traffic visibility. In the case of corner lots, such restricted area shall be the triangular area formed
by the lot lines along the streets and a line connecting them at points twenty-five (25) feet from the
intersection.
F.

Structures Requiring Setbacks.

Except as specifically provided elsewhere in these Regulations, front, side, and rear setback
provisions shall apply to all structures, except for fences.
G.

Reserved

H.

Front Setback Area Landscaping for Non-Residential Uses.

In the case of nonresidential uses, not more than thirty percent (30%) of the area of the required
front setback shall be used for driveways and parking and the balance shall be suitably landscaped
and maintained in good appearance. Design approaches that that use landscaping elements in the
front setback which enhance stormwater infiltration or management are encouraged. No portion of
the required front setback shall be used for storage or for any other purpose except as provided in
this section. In addition, a continuous strip fifteen (15) feet in width traversed only by driveways and
sidewalks shall 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.

South Burlington Land Development Regulations

ARTICLE 3
I.

GENERAL PROVISIONS

Setback and Buffer Strip Adjacent to Residential District Boundaries.

(1)

Setback to residential zoning districts. Any new, reconstructed, or expanded principal building
located wholly or primarily in a non-residential zoning district shall retain a setback of not less
than sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are
part of a Master Plan or Planned Unit Development.

(2)

Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot
setback in subsection (a) shall be installed and landscaped with dense evergreens, fencing,
and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted
within the fifteen (15) foot wide buffer area.

(3)

The Development Review Board may permit new or expanded nonresidential uses, structures
and/or parking areas, and new external light fixtures, within the setback and/or buffer as set
forth in (1) or (2) above, and may approve a modification of the width of the required setback
and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the
proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the
residential district will provide equivalent screening of the noise, light and visual impacts of the
new non-residential use to that which would be provided by the standard setback and buffer
requirements in (1) above. However in no case may the required side or rear setback be
reduced below the standard requirement for the zoning district in which the non-residential use
is located.

J.
(1)

Additional Encroachment into Setback.
Subject to DRB Approval. Within the LSN, and MSN, and QCP Districts, encroachment of a
residential structure containing four (4) units or less into a required setback beyond the
limitations set forth Appendix C may be approved by the Development Review Board subject
to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than
three (3) feet from a side or rear property line or less than five (5) feet from a front property line.
No such additional encroachment shall be approved unless the Development Review Board
finds that the proposed encroachment will not have an undue adverse effect on:
(a) views of adjoining and/or nearby properties or principal buildings located thereon;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on-site parking; and
(d) safety of adjoining and/or nearby property.

(2)

K.

Processing of a Request. Any request under this section to expand an existing structure, or
place a new structure, less than five (5) feet of any property line shall include the submission of
survey data prepared by a licensed surveyor showing the location of affected property lines,
existing and/or proposed structures, and any other information deemed necessary by the
Administrative Officer.
Front Setback for Front Decks and Porches

An open porch or deck that shall not exceed the width of the building face to which the porch or
deck is attached and that shall not have a depth greater than 12 feet as measured from the building
face, shall have a minimum front setback of 7 feet. Access steps not greater than 5 feet in width
may project no more than 5 feet in front of the porch or deck, but in no case shall be located closer
than 2 feet from the front property line.
An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of
the principal building and subject to standard front setbacks.
L.

Side Setbacks for attached Dwelling Units.

South Burlington Land Development Regulations

GENERAL PROVISIONS

ARTICLE 3

Side setbacks do not apply to lot lines co-existent with shared/party walls between townhouses or
divided duplexesattached dwelling units.

3.07 Height of Structures
A.

General Provisions.

(1)

Structures in all districts shall comply with the height standards presented below in this section.
The requirements of Table C-2, Dimensional Standards, shall apply.

(2)

Stories are defined and regulated for the purposes of providing clarity and enabling congruency
with building trade standards and/or other regulatory codes which may apply independently of
these LDRs.
(a) For the purposes of measuring and regulating building height under these regulations,
stories shall be subordinate to the standard of height as specified in 3.07A(2).

B.

Establishing Grade.

Grading, including the movement, addition, removal of earth fill, is permitted as per the standards
of Article 14.11F.
(1)

Grading shall not be used to raise the average finished grade of a proposed structure by more
than is necessary to ensure compliance with other LDR standards.

(2)

All proposed development shall calculate the building’s average finished grade.

C.

Measurement of Story Heights; Minimum Stories.

(1) The height of an individual story above average finished grade shall be determined as follows:
(a) In the LSN and QCP zoning districts, no greater than twelve (12) feet; and,
(b) In all other zoning districts:
(i) The height of the ground story shall be no greater than twenty-four (24) feet.
(ii) The height of all other stories above the ground story shall be no greater than fourteen
(14) feet.
(2)

Minimum Stories. Where these Land Development Regulations establish a required minimum
number of stories, each story above average finished grade up to and including the minimum
number of required stories shall:
(a) Contain a floor area of at least 75% of the building footprint for buildings with a building
footprint of less than 60,000 square feet or 50% of the building footprint for building with a
buildings footprint of 60,000 square feet or more; and,
(b) Be located directly above the story below and form an extension of the building facade for
at least 75% of the building facade on all primary and secondary facades.

(3)

Combined Stories. For each story in a building containing one or more stories with a floor-tofloor height that exceeds the maximum height allowed in the applicable Transect Zone / Zoning
District, the number of stories shall be calculated by dividing the proposed floor-to-floor height
by the number of feet equal to the maximum story height and rounding up to the next whole
number. Example: a 20’ floor to ceiling height in a Transect Zone where maximum story height
is 14’ will count as two stories for the purposes of calculating the maximum allowable number
of building stories in a Transect Zone. For the purposes of calculating the minimum number of

South Burlington Land Development Regulations

ARTICLE 3

GENERAL PROVISIONS

building stories in a Transect Zone, however, combined stories shall not be considered to be
more than one story.
D.

Mean Roof Height.

The mean roof height of a given building shall be measured by using one of the following methods:
(1)

Flat roof: the highest point of the decking of a flat or flat-topped mansard roof.
(a) A roof having a slope no greater than a 1:12 vertical-to-horizontal ratio shall be considered
a flat roof for the purposes of measuring building height.
(b) A parapet no taller than four (4) feet shall not be considered part of a flat roof for the
purposes of measuring building height.

(2)

Pitched roof: the midpoint of the rise between the top plate and the ridge of the highest gable
of a pitched or hipped roof. A double-pitched roof (e.g. gambrel or double-pitched mansard)
shall be measured to the top of the purlin at the pitch transition.

(3)

Curved or domed roof: a point two thirds (2/3) the vertical distance from the point at which an
exterior wall varies from a 100% slope and to the highest point of the roof.

(4)

Roofs with dormers: the midpoint of the rise of dormers that either individually or collectively
exceed 50% of the width of the horizontal eave length of the roof.
(a) Dormers less than this width do not affect height calculation noted in 1 – 3 and 5 of this
subsection.
(b) Dormers on such stories shall not exceed the height of the roof peak.

(5)

Other Roof Forms: mean roof height shall be measured as determined by the Administrative
Officer in a manner that most closely resembles the physical attributes of subsections (1)
through (4).
Figure: Calculation of Building Height, Flat Roof

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ARTICLE 3

GENERAL PROVISIONS
Figure: Calculation of Pitched Roofs

Figure: Calculation of Pitched Roof, Detail

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ARTICLE 3

Figure: Calculation of Building Height, Curved Roof

E.

Exceptions to Height Limits.

(1)

Ornamental and symbolic architectural features, including towers, spires, cupolas, belfries and
domes; greenhouses, garden sheds, gazebos, rooftop gardens, terraces, and similar features,
where such features are not used for human occupancy or commercial identification, are
exempt from specific height limitations but are subject to review by the Development Review
Board as a conditional use subject to the provisions of Article 14, Conditional Uses. Such
features and structures shall be designed and clad in a manner consistent and complementary
with the overall architecture of the building.

(2)

Mechanical & Rooftop Apparatus such as solar collectors, chimneys, elevator, and mechanical
penthouses, air conditioning equipment, satellite dishes, fully enclosed stair towers, and similar
apparatus that project from the roof, where such features are not used for human occupancy
or commercial identification, are exempt from specific height limitations.

(3)

In the HSMU, C2, C1-Auto, C1-Air, and C1-LR districts:
(a) No building shall be more than fourteen (14) feet taller than the maximum allowed
residential building height on an adjacent lot located in the LSN or QCP districts.
(b) For each seventy-five (75) feet of horizontal distance from any residential building in the LSN
or QCP, the proposal building may increase in height by an additional 28 feet, up to the
allowable maximum height.

(5)

I-A, PR, MU, and AIR Districts.
(a) Except within a Planned Unit Development, an applicant may seek approval from the
Development Review Board for the height of one or more structures to exceed the limitation
set forth in Table C-2 for structures within these zoning districts. Within a Planned Unit
Development, the ability of an applicant to seek approval for a structure to exceed the
limitation in Table C-2 is established by PUD type.

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GENERAL PROVISIONS

(b) Submittal requirements. Any request for additional height shall be made in writing at the
time of application for a Site Plan. The request must include the submittal of a plan(s)
showing the elevations and architectural design of the structure, natural grade, finished
grade, and height of the structure, and any supplemental information the Development
Review Board deems necessary in order to render a decision.
(c) Standards of Review.
(i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and,
(ii) Demonstration that the proposed structure will not have an undue adverse effect on
scenic views from adjacent public roadways and other public rights-of-way.
(6)

Master Plan. 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.

F.
(1)

Accessory Structures in All Districts.
Accessory structures shall not exceed fifteen (15) feet in height, except that:
(a) In residential and mixed-use districts, accessory structures up to twenty-five (25) feet in
height shall be permitted where:
(i) The structure contains no more than two (2) stories as defined in Section 3.07(C); and,
(ii) at least one story contains no less than fifty percent (50%) habitable area; and,
(iii) the structure meets the principal structure setback requirements for the zoning district in
which it is located; and,
(iv) the structure meets all other dimensional requirements for accessory structures for the
zoning district in which it is located.
(b) In non-residential districts, height standards for principal structures shall apply for
accessory structures.

G.

Additional Height Requirements.

In addition to the requirements of this Section, the following provisions shall govern the heights of
structures:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)

14.11F Alteration of Grade
4.03C Non-conforming structures in the QCP District;
Article 8, City Center Form Based Code
10.02 Scenic View Protection Overlay;
10.05 Urban Design Overlay District
Article 11C: Building Types
13.06 Airport Approach Cones
13.09 Solar Radiation
13.07 Exterior Lighting
13.11 Fences
Article 15C: Planned Unit Developments
19.03D Maximum Stories, Building Coverage, and Lot Coverage Achievable Through
Transferable Development Rights and Inclusionary Zoning.

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ARTICLE 3

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 allowedpermitted for a period up to one month during a calendar year and do not require a
permit. Permits for temporary outdoor storage shall be issued by the Administrative Officer in
accordance with the provisions of this section.
E.

Temporary Uses Exempt From Review.

The following uses are permitted without requiring review under this section provided such uses do
not exceed the stated limits of this subsection. Uses which exceed the stated limits shall be
considered to be permanent uses and, as such, are restricted by other portions of these regulations.
(1)

The outdoor storage or parking of one (1) registered recreational vehicle per residential lot by
the owner, if not used for residential purposes. In residential districts, from November 1st
through April 30th, outdoor storage or parking of recreational vehicles shall only be where an
accessory structure on the same lot is permitted One (1) recreational vehicle may be parked in
a residential driveway from May 1st through October 31st.

(2)

Auctions lasting no longer than two (2) days per calendar year.

(3)

Garage sales totaling no more than 8 (eight) days per calendar year.

(4)

Outdoor events held by a business, organization, or resident on the same lot for no more than
four (4) consecutive days, two (2) times per calendar year.

F.

Use of Recreational Vehicle as a Temporary Residence.

The Development Review Board may authorize the use of a recreational vehicle as a temporary
residence for the owner or resident of the principal building on the property as a conditional use. In
granting such a use, the Development Review Board shall specify time limits for occupancy.

3.09 Multiple Structures and Uses
A.

General.

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.
BA.

Multiple Principal Buildings on Small Lots.

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(1)

GENERAL PROVISIONS

On a single lot of less than two (2) acres, any number of principal buildings of any building type
except for small residential building types as governed by subsection (2) below may be
permitted on a single lot without legal subdivision. Subdivision standards and review
procedures under Article 15.A shall not apply.

(a)
Larger lots may be subdivided into lots smaller than two (2) acres and have multiple
structures placed on each, but subdivision of the larger lot must comply with all subdivision review
requirements and standards.
(2)

Up to three (3) principal small residential buildings are allowed on a single lot less than two (2)
acres. Subdivision standards and review procedures under Article 15.A shall not apply.
(a) Small residential building types are single-unit, duplex, divided duplex, townhouse, or
small multi-unit buildings.
(b) Attached dwelling units in a single structure (divided duplexes, townhouses, and small
multi-unit buildings) are a single principal building. This shall not be construed to contradict
the definition of a building.
(c) Article 13.17 Residential Design Standards shall apply to all buildings.

(3)

Minimum lot size for a lot with multiple principal buildings shall be the sum of the minimum
lot sizes required for each building by building type in Appendix C.

(4)

The shortest linear distance between buildings shall not be less than the sum of side setbacks
required for each building by building type in Appendix C.

(5)

Principal small residential buildings are prohibited from sharing the same lot with other
principal building types other than small residential buildings.

(6)
(a)
Larger lots may be subdivided into lots smaller than two (2) acres and have multiple
structures placed on each, compliant with the requirements of this section, but the subdivision of
the original, larger lot must comply with all subdivision review requirements and standards.
Subdivision of lots larger than two (2) acres into lots smaller than two (2) acres are allowed to place
multiple principle structures on each lot smaller than two (2) acres, as compliant with the
requirements of this section.
(7)

Footprint lots are not permitted for any building type.

C. (8)

Mobile Home Parks.

Mobile home parks, as defined by 10 V.S.A § 6201, are exempt from the limitation of a single
principal building on a lot.
D.

Single-User Complex

(1) On any size lot in any zoning district except LSN, MSN, QCP, and NRP, multiple principal
structures are allowed in an integrated complex operated by a single business, institutional, or
municipal entity for commercial/industrial, educational, or municipal use.
(2) All uses in the integrated complex must be owned and operated by the single entity. Property
management or ownership is not considered a use. Buildings or portions thereof in the integrated
complex cannot be leased, rented, or otherwise used by another entity for any use, except:
(a) Accessory uses directly supporting the primary user may be owned and operated by
another entity; and
(b) Integrated complexes in the AIR district or I-A district are exempt from this restriction

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E.
(1)

ARTICLE 3

Multiple Uses.
Multiple principal uses are allowed on a single lot. Multiple uses may be in a single principal
building and accessory structures or in multiple principal buildings and associated accessory
structures when allowed under 3.09B or 3.09D above. All uses must be allowed in the zoning
district and are subject to site plan review, and any other applicable regulations.

FB.

Umbrella Approval for Multiple Uses.
(1)

(1)
The Administrative Officer or Development Review Board may grant an umbrella
approval approvingefor a list of two (2) or more separate uses allowed on a property in a
single principal building or structure.
(a) in conjunction with site plan, PUD or conditional use approval, provided aAll of the
proposed uses must be are permitted or duly- approved conditional uses in the
underlying zoning district and all other applicable standards must be mare met.
Such standards may concern trip ends, gross floor area dedicated to uses where
applicable, number of restaurant or retail food establishment seats, and other
numerical standards related to the provisions of these regulations.
(b) Application for an umbrella approval must be made in conjunction with site plan,
PUD or conditional use approval.
(a)(c)
Any approved use may be changed to another approved use under (2)
below. This shall be known as an umbrella approval.

(2)

GC.

Where an applicant with umbrella approval proposes a minor change in use, tThe
Administrative Officer may approve a proposedthe minor change from a listed use in an
umbrella approval to another listed use as an administrative action and grant a zoning permit.
AThe criteria for determining if the change is minor if shall include an assessment of
projected PMp.m. peak hour trip ends, wastewater, and other numerical criteria specified in
the umbrella approval are . If the applicable numerical criteria are the same or fewer than
those specified in the umbrella approval, the change may be deemed minor. A change in use
deemed not to be minor shall require site plan review.
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.

HD.

Separate Lots Otherwise Required.

All combinations of buildings, structures, and uses that do not meet the above conditions shall
require separate lots.

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3.10 Accessory Structures and Uses
A.

General Requirements.

Customary accessory structures and uses are allowed in all districts, as specifically regulated in that
district, under the provisions that follow below.
(1)

Accessory structures are allowed if the total building coverage and lot coverage for the lot is
not exceeded.

(2)

Accessory structures shall not be placed in the front yard, and they shall not, if placed in a side
yard, be located closer to the street than the required front setback of the principal structure.

(3)

Accessory structures shall be located a minimum of five (5) feet from all side and rear lot lines.

(4)

On corner lots, accessory structures shall not be located on the side street side between the
side street and the required front setback of structures fronting on the side street.

(5)

On through-lots, accessory structures shall not be located on the front yard facing the street
that the majority of principal buildings on the street face, and shall not be located on any other
front yard between the street and the required front setback of structures fronting on that street.

(6)

When an accessory structure is attached to a principal structure, it shall comply in all respects
with the requirements of these regulations applicable to the principal structure(s).

(7)

Accessory structures shall comply with front setback requirements for the principal structure to
which they are accessory.

(8)

Any structure connected to another structure by an open breezeway shall be deemed to be a
separate structure.

(9)

No part of any such accessory structure shall be designed or used for sleeping purposes and
no cooking facilities shall be placed or permitted in any part of such accessory structure unless
the complementary facilities are accessible for the users of the accessory structure in another
building or structure on the same property or such structure or relevant part of such structure
is duly approved as an accessory dwelling unit.

B.

Swimming Pools.

Swimming pools may be allowed, subject to the following provisions:
(1)

No pool shall be constructed in front yard.

(2)

No pool shall be closer than ten feet as measured from water's edge to any side or rear yard lot
lines

(3)

Any lighting in conjunction with the pool shall be so situated that there is no direct glare beyond
lot line.

(4)

Every in-ground swimming pool shall be completely enclosed by a wall, fence, or other
substantial structure not less than four (4) feet in height measured on the outside of the
enclosure. No openings other than doors and gates with any dimensions greater than four
inches shall be permitted therein except that picket fences may be erected or maintained having
horizontal spacing between pickets not more than four (4) inches. All gates or door opening
through such enclosures shall be equipped with self-closing and self-latching devices capable
of remaining securely closed at all times when not in actual use; provided however, that the
door of any residence forming any part of the enclosure need not be so equipped. Any selflatching 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.

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GENERAL PROVISIONS
(5)

C.

ARTICLE 3

A natural barrier or other protective device approved by the Administrative Officer may be used
in place of the above as long as the degree of protection afforded by the substituted devices or
structures is not less than the aforementioned protection by the enclosure, gate and latch. All
above-ground pools shall bar step access when not in use.
Attached Garage.

A private garage may be constructed as part of a main structure, provided that when so constructed
the garage walls shall be regarded as the walls of the main building in applying the applicable front,
side, and rear setback requirements of this Article.
D.

Accessory Retail Uses.

Where non-residential uses are permitted in a residential district, uses such as hospitals, clubs, and
multi-family buildings over fifty (50) dwelling units, such uses may conduct customary and
appropriate retail activities such as gift shops, cafeterias, fitness rooms, and snack shops. Such uses
shall be conducted within the principal structure. There shall be no external evidence of retail
activity discernible from the outside of the structure. Access to the retail activity shall only be from
within the principal structure.
E.

Accessory Uses in the IC and IO Districts.

In the IC-Mixed Industrial Commercial and IO-Industrial Open Space districts, those uses designated
‘P-ACC’ in Table C-2, Table of Uses shall be subject to the following standards and limitations:
(1)

Such accessory uses shall be located wholly within a permitted principal structure.

(2)

Access to the accessory use shall only be from within the principal structure.

(3)

Such uses shall be included in the calculations of required parking, vehicle trip ends, and
wastewater allocations through an umbrella permit approval or other DRB approval.

(4)

The total gross floor area of all such accessory uses shall be limited to ten percent (10%) of the
gross floor area of the principal structure. The owner of the building or responsible
condominium association shall be responsible for allocation of any such floor area among
accessory and principal uses.

(5)

No individual accessory use may exceed 3,000 SF in gross floor area except for retail food sales,
which shall not exceed 5,000 SF GFA.

(6)

Other accessory uses that are wholly internal to a principal permitted use (e.g. employee
cafeterias, employee fitness rooms, hospital pharmacies) pursuant to this Section shall not
require specific approval and shall not be counted towards the ten percent square footage
limitation.

3.11 Accessory Dwelling Units
A.

Permitted Use.

One (1) accessory dwelling unit that is clearly subordinate to a single-family dwelling shall be
permitted within or appurtenant to a single-family dwelling on the same lot, provided there is
compliance with all the following.
(1)

The lot is owner-occupied.

(2)

The accessory unit does not exceed thirty percent (30%) of the total habitable area of the singlefamily dwelling or 900 square feet, whichever is greater.

(3)

Adequate wastewater capacity is available to service the accessory unit, as demonstrated by
issuance of a Wastewater Allocation or on-site wastewater permit pursuant to the South

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GENERAL PROVISIONS

Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and
Stormwater Systems.
(4)

Regulation of a single-family home with an accessory dwelling unit shall not be more restrictive
than the criteria used for a single-family dwelling without an accessory dwelling unit.

(5)

The Accessory Dwelling Unit and associated coverage shall be included in the computation of
building and lot coverage.

(6)

A zoning permit shall be required for the establishment of an accessory dwelling unit.

(7)

The criteria for conversion of an existing detached nonresidential building to habitable area for
an accessory dwelling unit shall not be more restrictive than the criteria used for a single-family
dwelling without an accessory dwelling unit.

(8)

An accessory dwelling unit may located, in whole or in part, within the required setback as for
a single-family home if it meets the following criteria:
(a) The ADU shall only be situated where an accessory structure on the lot may be placed;
and,
(b) The principal entry to the ADU must not be oriented to a side or rear lot line.

3.12 Home Occupations
A.

General Restrictions.

Customary home occupations are permitted as accessory uses in all districts provided that:
(1)

The use is conducted solely and entirely within the primary dwelling or in an accessory building,
and the use is clearly incidental and secondary to the use of the dwelling unit from living
purposes.

(2)

The home occupation shall be owned by the principal occupant of the dwelling in which it is
located. In no case may the homeowner or principal occupant rent out the business area of the
dwelling.

(3)

The total space devoted to the home occupation must be located either in the dwelling or an
accessory structure. In either case, the total space devoted to the home occupation shall not
exceed twenty-five percent (25%) of the ground floor area of the dwelling.

(4)

There shall be no external display or advertising of goods or services or other external evidence
of such use, except for a sign. Such sign shall conform to the City Sign Ordinance. The content
of the sign shall be the name and/or address of the home occupation and/or owner of the
business.

(5)

The establishment of such occupation shall not require internal or external alterations or
involve construction features not customarily found in dwelling units.

(6)

The appliances and equipment shall be operated in such a manner that they do not produce
and emit beyond the boundaries of the premises on which the use is located, dust, glare,
hazard, heat, light, noise, nuisance, odor, radiation, radio or television interference, smoke, or
vibration and are in no other manner obnoxious or detrimental to the immediate neighborhood.

(7)

The use itself is conducted in such a manner and during such hours that it is in no way
obnoxious, offensive, or detrimental to the immediate neighborhood.

(8)

In the case of a music or voice instructor, the office or studio shall be so equipped and used
that the sounds therefrom shall not be heard beyond the boundaries of the premises on which
the use is located.

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GENERAL PROVISIONS
(9)

ARTICLE 3

There are not more than two (2) employees or helpers other than members of the household.

(10) Prior to establishing a home occupation, a certificate of occupancy/compliance permit shall be
obtained from the Administrative Officer. The Administrative Officer shall issue such permit
only if the request is in conformance with the above requirements.
(11) In the event that there is more than one home occupation on the premises, all provisions above
shall apply as if there were only one home occupation. For example, no more than twenty-five
percent (25%) of the ground floor area of the dwelling shall be used, whether by one home
occupation or more than one.

3.13 Group Homes and Residential Care Homes
A residential care home or group home to be operated under State licensing or registration, serving
not more than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall
be considered by right to constitute a permitted single-family residential use of property, except that
no such home shall be so considered if it is located within 1,000 feet of another existing or permitted
such home.

3.14 Child Care Facilities
A.

Six or Fewer Children.

A Child Care Facility regulated by the State of Vermont as a registered family child care home that
serves six or fewer children shall be considered a permitted single-unit residential use of property
and shall be subject to the applicable requirements for such use in each district.
B.

Drop-Off/Pick-Up Area

A Child Care Facility shall be a permitted use of property in all districts provided that:
(1)

Prior to establishing the Child Care Facility, approvals are received from the State of Vermont
for a registered or licensed Child Care Home or a Licensed Child Care Center;

(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.\

3.15 Nonconformities
A.

General Provisions.

These provisions shall apply to all nonconforming uses, structures, lots, and parcels, except within
the City Center Form Based Code District. See Article 8 for nonconformities applicable in that
District.
B.
(1)

Continuance and Restrictions.
Any lawful structure or any lawful use of any structure or land existing duly permitted under
the regulations in effect at the time of its original permitting and any subsequent permitting of
the enactment of these regulations that does not conform with these current regulations is a
nonconforming structure or use. Nonconforming structures and nonconforming uses may be
continued as such, although such structure or use does not conform with the provisions of
these regulations, provided the conditions in this Section 3.15 are met.

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GENERAL PROVISIONS

(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.

(24) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe
condition as required by the Administrative Officer.
(3)

A nonconforming structure shall retain nonconforming structure status only if at least 50% of
all load-bearing walls / pillar elements of the structure in existence as of [DATE] remain, except
as provided under Section 3.15E.

(45) A nonconforming structure shall not have its degree of nonconformance increased.
(5)

A nonconforming structure shall not be expanded except as provided under Section 3.15D.

(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)

Conforming Use. Except as otherwise provided in sub-sections (2) and (3) below, and in Article
4, Section 4.08, Queen City Park District, any nonconforming structure containing only
conforming use(s) may be structurally altered, including additions or expansion up to 50% of
the square footage of the existing structure as of [DATE OF ADOPTION]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. If an applicant proposes to change all nonconforming uses to conforming uses
in the same application as any proposed alteration of expansion, this subsection (1) shall apply.

(2)

In the event anAny 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.).

(a) If the existing structure is registered on the State or National Registers of Historic Places
and the vast majority (with a minimum of 50% of all load-bearing walls / pillar elements of the
structure in existence as of [DATE OF ADOPTION] remaining) of the historic building remains, no
limit is placed on the square footage of any conforming additional expansion.
(2)
Nonconforming Use. Except as otherwise provided in Article 4, Section 4.08, Queen City Park
District, any nonconforming structure containing any non-conforming use(s) may only be altered by
upgrading electrical or other utility systems, interior renovations, and/or replacement in the façade
materials (e.g. replacement of siding). All alterations must conform with the applicable provisions
of these regulations and the Vermont Fire and Building Safety Code. No expansion or extension of

South Burlington Land Development Regulations

GENERAL PROVISIONS

ARTICLE 3

the structure is allowed, except the minimum necessary to install utility infrastructure under an
allowance under this section.
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.
EF.

Damage to Nonconforming Structures.

(1)

Any nonconforming structure damaged by force majeureany means to an extent greater than
fifty percent (50%) of its current assessed value shall be permitted to be reconstructed to its
previous size and in its existing locationonly if the future use of the structure and the land on
which it is located is in conformity with these regulations.

(2)

Any nonconforming damaged by any means to an extent less than fifty percent (50%) of its
current assessed value, may be rebuilt provided that:
(a) The resumption of any nonconforming use (if any) takes place within one (1) year of the
time of its interruption.
(b) The cost of such reconstruction or structural alteration is less than fifty percent (50%) of
said fair market value.
(2c) The application for any permits required for reconstruction or structural alteration must be
submitted and complete is commenced within six (6) months of the date of completion of
any fire and/or insurance investigation (as applicable) or date of damage (if no investigation
occurs). Reconstruction must be interruption and completed within twenty-four (24) months
eighteen (18) months of the date of zoning permit approvalinterruption.

(3)

Any nonconforming structure containing a nonconforming use damaged by force majeure may
reestablish the nonconforming use provided that the resumption of the nonconforming use
activities takes place within one (1) year of the completion of its reconstruction.

(4)

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.

(54) No later than six (6) months after conclusion of any fire and/or insurance investigation (as
applicable) or a date of a permanent or temporary structure has been damage (if no
investigation occurs)d, 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.
FG.

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:

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ARTICLE 3

GENERAL PROVISIONS

(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, except as provided in Section 3.15E, 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 as provided in the event that the structure is damaged. In that case in, Section
3.154E(F) above shall apply.
GH.

Construction Approved Prior to Regulations.

Nothing contained in these regulations shall require any change in plans, construction or designated
use of a structure for which a zoning permit has been issued where the construction of such structure
shall have been diligently pursued within thirty (30) days of the date of such permit and where such
structure shall be completed according to such plans and permit within six (6) months from the
effective date of these regulations.
HI.

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.
IJ.

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.
JK.

Nonconforming Lots or Parcels.

(1)

See Section 3.05 for existing small lots.

(2)

The boundaries of a lot or parcel that is nonconforming for any reason other than for being a
pre-existing small lot may be altered only in a manner that decreases its degree of
nonconformity.

KL.

Nonconforming Use of Land With No Structure.

Where no structure is involved, the nonconforming 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.

(23) 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.
(34) If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for
one hundred twenty (120) consecutive days or for a total of six (6) months in a one year period,
any future use of such land shall be in compliance with all provisions of these Regulations.
L. Adaptive Reuse Conversion to Residential Use.

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ARTICLE 3

In any district that allows residential uses, an existing structure fifteen (15) years or older may be
converted to a residential use with any number of residential units, provided all other applicable
standards are met and only if at least 50% of all load-bearing walls / pillar elements of the structure
in existence as of [DATE] remain, except as provided under Section 3.15E. The existing structure
may be conforming or nonconforming. Any addition or expansion to the existing structure must
conform with the provisions of these regulations (e.g., dimensional requirements such as setbacks,
coverage, etc.) and is limited to adding 50% of the square footage of the existing building.

3.16 General Performance and Maintenance Standards
A.

Purpose of Performance Standards.

Consistent with the general purposes of these regulations, performance standards (see Appendix A)
shall set specific controls on potentially objectionable external aspects of such non-residential uses
so as to:
(1)

Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other
atmospheric pollutant outside the structure or beyond the property boundaries in which the
use is conducted.

(2)

Control noise and light trespass beyond the boundaries of the site of the use.

(3)

Prevent the discharge of untreated wastes into any watercourse or waterbody.

(4)

Prevent the dissemination of vibration, heat, or electromagnetic interference beyond the
immediate site on which the site is located.

(5)

Prevent physical hazard by reason of biohazard, fire, explosion, radiation, or any similar cause.

(6)

Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous
conditions, traffic congestion, and excessive noise in the streets.

B.

Hazardous Conditions Prohibited.

No land or structure in any district shall be used or occupied in any manner so as to cause hazardous
or objectionable conditions to exist or to in any way endanger users of the site or the surrounding
area. Such hazardous or objectionable conditions include but are not limited to dangerous,
injurious, noxious or otherwise objectionable biohazard, fire, explosive, or other hazard; or to create
any noise, vibration, smoke, dust, odor, air pollution, heat, cold, dampness, electromagnetic or
radioactive radiation, glare, toxicity or other hazardous or objectionable condition on the site or in
the surrounding area.
C.

Performance Standards.

The use of any substance or process so as to create any hazardous or objectionable condition on
the site or in the surrounding area shall be prohibited except at levels in conformance with the
requirements of this section and the performance standards listed in Appendix A, Performance
Standards.
D.

Review of Performance Standards.

(1)

The Administrative Officer shall withhold a zoning permit or certificate of occupancy until
satisfied that the proposed construction or use will comply with the performance standards in
Appendix A, Performance Standards.

(2)

Continued performance with such standards, once applicable, shall be a requirement for the
continuance of any certificate of occupancy.

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(3)

E.

GENERAL PROVISIONS

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.
Required Information.

Evidence of application for state and/or federal permits for the handling of potentially hazardous
conditions, and/or the following information, at minimum, may be required for determination of
compliance with performance standards or for conditional use review of potentially hazardous
conditions:
(1)

Description of proposed machinery, operations, and products.

(2)

Amount and nature of materials to be used.

(3)

Mechanisms and techniques to be used in restricting the emission of any hazardous and
objectionable elements, as well as projected or actual emission levels.

(4)

Method of delivery and disposal or recycling of any hazardous elements.

(5)

Other information as may be necessary.

F.

Conditions of Approval.

The Development Review Board, in granting conditional use approval, may condition an approval
to require evidence of the issuance of applicable state and/or federal permits for the handling of
hazardous conditions prior to the issuance of a zoning permit, and may also impose conditions on
the following:
(1)

Size and construction of structures, quantities of materials, storage locations, handling of
materials, and hours of operation.

(2)

Warning systems, fire controls and other safeguards.

(3)

Provision for continuous monitoring and reporting.

(4)

Other restrictions as may be necessary to protect public health and safety.

3.17 Reasonable Accommodation to Ensure Reasonable Access to Housing
A.

Policy.

It is the policy of the City of South Burlington, pursuant to the federal Fair Housing Amendments Act
of 1988 and the Vermont Fair Housing and Public Accommodations Act, to provide individuals with
disabilities reasonable accommodation to ensure equal access to housing. This section establishes
the procedure for making requests for reasonable accommodation under these Land Development
Regulations. As used herein, “disability” shall have the same meaning as ascribed to the term
disability under 9 V.S.A §4501(2) and the term handicap under 42 U.S.C. §3602(h).
B.

Request for Reasonable Accommodation.

Any individual with a disability, his or her representative, or a developer or provider of housing for
individuals with disabilities may make a request for reasonable accommodation. A request for
reasonable accommodation shall be in writing and provide the following information:
(1)

Name and address of the individual(s) requesting reasonable accommodation;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

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ARTICLE 3

(4)

Description of the requested accommodation and the section of the regulation for which
accommodation is sought; and

(5)

Reason that the requested accommodation may be necessary for the individual(s) with the
disability to use and enjoy the dwelling.

While a request for reasonable accommodation is pending, all regulations otherwise applicable to
the property that is the subject of the request shall remain in full force and effect. A reasonable
accommodation shall not affect an applicant’s obligations to comply with other applicable
provisions of these regulations not at issue in the requested accommodation.
C.

Review.

A request for reasonable accommodation shall be reviewed by the Administrative Officer or
Development Review Board, as set forth in these Regulations by type of review. The decision to
grant, grant with conditions, or disapprove a request for reasonable accommodation shall be based
on the following factors:
(1)

Whether the housing which is the subject of the request for reasonable accommodation will be
used by an individual with a disability;

(2)

Whether the requested accommodation is necessary to afford an individual with a disability
equal opportunity to use and enjoy housing of his or her choice;

(3)

Whether the requested accommodation would require a fundamental alteration in the nature
of these Land Development Regulations, and;

(4)

Whether the requested accommodation would impose an undue financial or administrative
burden on the City.

The written decision on the request for reasonable accommodation shall explain in detail the basis
of the decision, including the Administrative Officer or Board’s findings on these criteria. All written
decisions shall give notice of an interested person’s right to appeal the Administrative Officer’s
decision to the Development Review Board under section 17.13, or the Development Review Board’s
decision to the Environmental Court under 24 V.S.A. 4471.

3.18 Residential and Commercial Building Energy Standards
A.

Applicability.

This section shall apply to the receipt of a zoning permit for the construction and subsequent
alteration of all new principal buildings beginning December 1, 2015, or the date that Section 3.18
becomes effective, whichever is later.
B.

Residential Building Energy Standards (RBES); Stretch Code and Electric Vehicle Charging

(1)

Stretch Code. Residential buildings, as defined by 30 V.S.A. § 51(a)(2), that are principal
buildings, shall comply with the Stretch Code, as defined by 30 V.S.A. § 53(a). Such buildings
for which the RBES Certificate certifying compliance with the Stretch Code is not recorded in
the South Burlington Land Records shall be deemed land development without a zoning permit
in violation of these Regulations.

(2)

Electric Vehicle Charging. For the purposes of Electric Vehicle Charging standards, all
development shall comply with the applicable sections of the 2024 RBES. All parking spaces
associated with residential buildings or units subject to the RBES standards shall be built to EVready standards, whenever EV-capable standards are required by the 2024 RBES. This
requirement shall include underground, garage, or otherwise sheltered parking.

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C.

GENERAL PROVISIONS

Commercial Building Energy Standards (CBES).

(1)

Stretch Code or Guideline. Commercial buildings, as defined by 30 V.S.A. § 53(a), that are
principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code
Guideline, as prepared and revised by the Vermont Public Service Department. If no such
Guideline exists, it shall not be applied. Such buildings for which the CBES Certificate certifying
compliance with the CBES and Guideline is not recorded in the South Burlington Local Records
shall be deemed land development without a zoning permit in violation of these Regulations.

(2)

Solar-Ready Zone. New buildings subject to this Section for which a complete application is
submitted following the date these Regulations become effective, shall be required to meet the
standards of C402.5 Solar-Ready Zone of the Commercial Building Energy Standards as
prepared and revised by the Vermont Department of Public Service.

(3)

Electric Vehicle Charging. For the purposes of Electric Vehicle Charging standards, all
development shall comply with the applicable sections of the 2024 CBES. All parking spaces
associated with new buildings or new dwelling units subject to the CBES standards shall be
built to EV-Ready standards, whenever EV-Capable Space standards are required by the 2024
CBES. This requirement applies to all parking facilities associated with such buildings,
regardless of the number of parking spaces provided. Substitution of Level 3 chargers for EVSE
shall not reduce the number of EVSE parking spaces at a building subject to CBES by more than
50% of the number required for compliance.

3.19 On-Site Solar Photovoltaic Systems
A.

Purpose.

It is the purpose of this section to implement renewable energy objectives of the City’s
Comprehensive Plan and Climate Action Plan by providing for the installation of on-site solar
photovoltaic, or other renewable energy generation, on new buildings in concert with Solar-Ready
Zone definitions established by the Vermont Commercial Building Energy Standards (CBES).
B.

Applicability and Standard.

This section shall apply to the receipt of a zoning permit for the construction and subsequent
alteration of any building that, beginning May 11, 2023 is required by these regulations and/or the
CBES, as amended from time to time, to establish a “solar-ready zone”. For any such building
required to establish a solar-ready zone, there shall be installed a solar photovoltaic (“Solar PV”)
system designed to maximize the use of the area of the Solar-Ready Zone employing typical Solar
PV panel configurations, provided that
(1)

The requirement set forth herein shall be reduced to the extent:
(a) The interconnection with the relevant utility cannot accommodate (i.e., due to limited plant
capacity) a Solar PV system designed to maximize the use of the area of the Solar-Ready
Zone employing typical Solar PV panel configurations, or
(b) The Solar PV system is anticipated to generate in its first year of operation more kilowatt
hours (kWh) than the “Expected Building Usage.”
(i) The kWh that a Solar PV system is anticipated to generate shall be estimated based on
the building site conditions by applying the “PVWatts Calculator” published by the
National Renewable Energy Laboratory, or an equivalent or successor calculator.

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ARTICLE 3

(ii) The “Expected Building Usage” shall be an estimate of the number of kWhs the building
is expected to consume during its first full year of typical operation, based on building
type and uses, building technology, devices and appliances in the Northeastern U.S.
(such as the “Baseline Energy Calculator” tool of the Office of Energy Efficiency and
Renewable Energy, U.S. Department of Energy).
(2)

The requirement set forth herein shall be eliminated if the Solar PV system design that
maximizes the use of the area of the Solar-Ready Zone employing typical Solar PV panel
configurations is anticipated to generate less than 3,000 kWh of electricity in the first year of
the building’s operation as calculated above.

(3)

It is not the intent of this section to require that a Solar PV system interconnect with an electric
utility or to require installation of a net metering system.

(4)

Where a permanently-installed, on-site renewable energy system, as defined within the CBES,
is provided in lieu of a Solar-Ready Zone, the applicant shall demonstrate that said system will
generate a number of kWh that is equivalent to the number of kWh a Solar PV system is
estimated to generate if a Solar-Ready Zone were established.

C.

Submission Requirements: The application for a zoning permit shall include:

(1)

Certification by a qualified professional of the Expected Building Usage and of the anticipated
kWh generation of the Solar PV system, and

(2)

As applicable, a written statement from the relevant utility or other evidence sufficient to
determine the extent to which the requirement for a Solar PV system is reduced under
Subsection B (1-2).

South Burlington Land Development Regulations

ARTICLE 8

CITY CENTER FORM-BASED HOME DISTRICT CODE

8 CITY CENTER FORM-BASED CODE DISTRICT
8.01 Purpose
A.

Purpose.

The City Center Form-Based Code (FBC) District is a zoning district on the Official Zoning Map with
specific rules and standards which apply solely in the City Center Form-Based Codes District. The
FBC District implements a form-based zoning regulation (either the ”Code” or the “FBC”) which
encourages sustainable retail, commercial, residential, and mixed use development of open land,
redevelopment of existing mixed use land and preservation and improvement of residential areas
through pedestrian and bicycle connectivity.
The FBC District is designed to maintain and foster improvement to existing structures and
encourage new development and infrastructure that incorporates planned multi-modal
transportation corridors to facilitate a safe and economically self-sustaining place to live, work, and
play. This District aims to preserve the existing residential fabric while stimulating new mixed-use
growth. Future development within the FBC District shall take the form of built environment that
creates and protects compact, pedestrian-oriented, and mixed-use development patterns. Adequate
space for non-vehicular travel modes, interconnectedness of neighborhoods, and convenient
parking areas on-street and off-street will characterize the district to place a mix of uses within
walking distance of dwellings and parking.
Solely for illustrative purposes, photographs or real-world examples of the Building Type options
for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed
in each Transect Zone of the City Center Form-Based Code District.”

8.02 Applicability & Controlling Regulations
A.

City Center Form-Based Code District and Form-Based Code.

The City Center FBC District is divided among different areas known as Transect Zones to reflect the
different nature and densities of existing and anticipated development. The FBC Transect Zones are
named T5, T4, and T3, T3+ and T1 and are shown on the Zoning Map. Each Transect Zone is
governed by Building Envelope Standards (BES) (Sections 8.12 – 8.14) and Street Types (Article 11).
The Zoning Map, Building Envelope Standards and Street Types are binding within the FBC District
and are made a part hereof.
(1)

B.

The T1 Transect Zone depicts River Corridor, wetland, and wetland buffer areas on the Official
Zoning Map. Depicted River Corridor, wetland, and wetland buffer boundaries are approximate
and are shown for illustrative purposes only. River Corridor, wetland, and wetland buffer
delineation for permitting purposes must be determined in accordance with Article 12 of the
South Burlington Land Development Regulations, as applicable.
Planned Unit Developments.

Planned Unit Developments are not permitted within the City Center Form-Based Code (FBC) District.
C.

Land Development.

No land development shall be permitted except in full compliance with the applicable Building
Envelope Standards (BES) and this Article. See also Section 8.113, Nonconformities.
D.

Limited Application of Land Development Regulations.

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ARTICLE 8

Specific provisions of the Land Development Regulations do not apply in the Form-Based Code
District.
Does Not Apply

Does Apply

Article 3 except:

3.01 – 3.05, Table 3-1, Figure 3-1a, Figure 3-1b, 3.08, 3.09A,
3.10E, 3.11F – G, 3.12, 3.13
Articles 1, 2, 10, 11, 12, 16, 17, and 18

Article 13, 14, and 15 except:

Transect Zone Subdivision review process is governed by
15.A.01 – 15.A.07 as indicated for Transect Zone
Subdivision
Transect Zone Subdivision standards in 15.A.08A-D,
15.A.09, 15.A.10E, 15.A.12B, 15.A.14, and 15.A.15 applyAs
indicated in those Articles

Appendix C

Appendices A, B, D, E, G, and H

Article 13 and 14

In the event of a conflict between the Building Envelope Standards or Street Types and other
portions of these Regulations, the Building Envelope Standards and Street Types shall control.
E.

Master Plan

(1)

Applicants may choose to apply for Master Plan (Article 15.B) approval from the DRB for any
project that involves two (2) or more acres of land. As outlined in Article 15.B, Master Plan
approval authorizes vesting a project in the specific set of Land Development Regulations in
effect at the time of approval. This can provide stability for the property owner and applicant.
It also enables specific provisions within this Article. A Master Plan, as further described in
Article 15.B, does not require building elevations or other architectural details.

(2)

Master Plan applications for land in the Form-Based Code area are governed by the process,
application requirements, and review standards in Article 15.B.

(3)

For master Plan applications containing twenty (20) acres or more of total land in the FBC area,
the required Civic Space / Site Amenity under [SECTION] must be met including at least one
(1) public or publicly-accessible civic space of at least one (1) contiguous acre of a Civic Space
type available under Article 11. A higher amount of total Civic Space / Site Amenity may be
required by other provisions in this Article and larger civic spaces are encouraged for large
Master Plans.

(4)

Civic Spaces / Site Amenities may be phased in a phased development, but required Open
Space for each phase must be met by the completion of each phase. Civic Space / Site Amenity
may be constructed prior to the phase for which it is required, but no development in a given
phase may be granted a Certificate of Occupancy until the Civic Space / Site Amenity required
for that development is constructed. The contiguous one-acre civic space (if required under
subsection (3)) may be constructed at any time in a phased construction before it is needed to
meet the required Civic Space / Site Amenity for a phase, but its location must be specifically
identified in the Master Plan and set aside with the first phase.

8.03 Review Procedures
A.

Site Plans and Other Applications.

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CITY CENTER FORM-BASED HOME DISTRICT CODE

Article 14 does not apply to Site Plan or Other Applications within the Form-Based Code except as
specifically indicated in Article 14.
B.

Subdivisions.

All subdivisions within the Form-Based Code district are classified as Transect Zone Subdivisions
under Article 15.A and are governed by the process indicated for specifically regulated as
suchTransect Zone Subdivisions in Article 15.A.
C.

Development Review Board Review Authority.

Notwithstanding other Articles of these Regulations, any authority granted exclusively to the
Development Review Board under this Article 8 shall remain with the Development Review Board
and shall not be delegated to Administrative Review. Any authority granted exclusively to the
Administrative Officer shall remain with the Administrative Officer except upon appeal of the
Administrative Officer’s decision.

8.04 Streets, Blocks, and Alleys
A.

Purpose.

To implement the goals of the City Plan and purposes of the City Center FBC District, including
transportation, economic development, creation of an active, pedestrian-friendly environment, and
implementing the intent of block standards identified within the Building Envelope Standards of
each Transect Zone.
B.

Street and Block Standard Areas

(1) Street and block standards under this section shall only apply to the area indicated on the Official
Map as subject to these standards. In all other areas, the Official Map governs location of streets and
blocks.
(2)

Standards. In the indicated areas, the following standards shall apply.
(a) The applicant shall submit plans demonstrating compliance with Official Map and the block
standards in Article 15.A.12 (as applicable) for the entire parcel. Such submission may
include phasing and for future phases is required to provide sufficient detail to indicate that
the standards of these Regulations can be met at a future time. Applicants for parcels over
two acres should consider completing a Master Plan for a phased project.
(b) All proposed streets shall comply with the applicable Building Envelope Standards.
(c) The Development Review Board shall have the authority to modify minimum and maximum
block lengths by up to 30% where it finds that:
(i) The modification will result in avoidance of impacts to a Hazard or Level I Resource, as
defined within these Regulations;
(ii) Pre-existing site conditions such as existing buildings proposed to remain, significant
utility infrastructure, or existing signalized intersections make placement of the block
length within the required distance impractical or result in a detriment to vehicular or
non-motorized transportation safety or efficiency, or;
(iii) The modification will result in an improved alignment of an intersection, such as aligning
with an existing intersection on the other side of the street, or establishing a safe distance
from an existing intersection;
(d) Where the DRB approves a modification of a minimum or maximum block length standard,
the following shall apply:

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ARTICLE 8

(i) All requirements for pedestrian passages within the applicable BES shall be met; and,
(ii)

Where a block length exceeds five hundred (500) feet in length, a mid-block permanent
shared-use path or other pedestrian connection must be constructed in an easement
twenty (20) feet wide granted to the City is required to facilitate pedestrian and bicycle
circulation within the subdivision.

(e) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any
block shall be the same as in Article 15.A.12, except as modified under this section. by BES,
except as otherwise provided for in this Article.
C.
(1)

All Areas
Connectivity. All existing or proposed streets shall connect directly at each end to another
existing public street, or to a planned or proposed street listed as a qualifying street type in the
applicable BES. This requirement shall not apply to the planned street extending north from
Barrett Street on the City Center Form-Based Code Primary & Secondary Street & Block
Standard applicability map.

(2) Alleys.
Alleys are encouraged in the City Center Form-Based Code (FBC) District to minimize curb cuts
and to provide access to parking and service areas behind buildings. Alley locations and
dimensions are not fixed but must be designed to accommodate the alley’s purpose.
(3) Pedestrian Streets
Pedestrian Streets are encouraged in the City Center Form-Based Code (FBC) District to connect
other street types with intentional, well-designed, pedestrian-oriented spaces. As shown in the
BES tables by Transect, Pedestrian Streets qualify as Streets and allow buildings to front on
them, in order to encourage development of community spaces and accessways.
(4) Public Facilities on the Official Map. Where a planned street or any other planned public feature,
facility, or improvement is shown on a lot on the Official Map, the owner of such lot shall grant
a permanent easement to the City or provide an irrevocable offer of dedication of the planned
street, public feature, facility, or improvement to the City at the time of an application for land
development on such lot. If the applicant proposes a private street, a plan clearly depicting the
area of such street shall be recorded in the land records prior to the issuance of any zoning
permit. These additional standards shall apply for any planned street:
(a) The applicant shall lay out and construct any planned street in accordance with the
requirements of these Regulations, including but not limited to minimum street right-ofway width and street type standards in Article 11
(b) For a street fully within the applicant’s property, the actual location of a street may deviate
from the location identified on the Official Map by 30% of the maximum block length in
Article 15.A;
(c) For a street at the applicant’s property line, the actual location of a street may deviate from
the location identified on the Official Map up to 30% of the maximum block length in Article
15.A. Such deviation shall require approval of the Development Review Board and satisfy
the following requirements:
(i) The proposed location shall connect at each end to adjacent existing, planned, or
proposed streets;
(ii) The proposed location shall remain consistent with any City and Regional Planning
Commission transportation corridor studies;

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CITY CENTER FORM-BASED HOME DISTRICT CODE

(iii) It shall remain possible to complete all planned and reasonably anticipated connections
to adjacent properties;
(iv) The applicant shall solicit from the owners of all adjoining properties their written input
or comment regarding the proposed deviation from the location identified on the Official
Map and shall demonstrate to the DRB the attempt(s) to solicit this written input or
comment; and,
(v) Any such proposed deviation that results in a material change in connections to any
existing, planned, or proposed street right-of-way is considered a proposal to amend to
the Official Map. Such amendment requires approval by the City Council following
recommendation by the Planning Commission. For the purposes of this subsection, a
significant change may include a change in the parcel(s) through which the streets are
planned, any modification to an approved City or State plan for the street connection,
and/or a change affecting the alignment of a planned or existing intersection.
If, pursuant to 24 VSA 4421(5), the application is to be reviewed without regard to the proposed
public facility indicated on the Official Map, block length and perimeter standards from Article
15.A Subdivision shall be met.
(5)

Construction of Streets
(a) Where a building is proposed on a lot adjacent to a new or extended street, such street shall
be constructed by the applicant pursuant to Article 15, City of South Burlington Department
of Public Works Standards and Specifications, and in accordance the street types in Article
11 as designated within the Official MapCity Center Form-Based Code – Primary &
Secondary Streets & Block Standard Applicability Map, except as follows:
(i) For Market Street, Garden Street, and Midas Drive, and for the Williston Road
intersections of Midas Street/White Street and Patchen Road/Hinesburg Road, all street,
streetscape and other construction or improvements along or within the existing or
proposed right-of-way shall conform to engineered plans developed by the City and as
modified by the Director of Public Works.
(ii) Where no street type has been identified, the standards of section 15.A.14(C) shall apply.
(b) Where a building is proposed on a lot adjacent to an existing street, or where an expansion,
extension, or reconstruction of a nonconforming structure exceeds the thresholds
established in Section 8.11D, the applicant for the proposed building must construct or
upgrade street infrastructure on the adjacent street.
(i) If the required street infrastructure is absent, the applicant must construct the required
street infrastructure (sidewalks, greenbelts, and related street furniture) to the standards
contained within the applicable Street Type and BES.
(ii) If the required street infrastructure exists but fails to meet the standards of the applicable
Street Type and BES, the applicant shall be required to upgrade or repair any existing
infrastructure to the level of analogous infrastructure on the abutting properties and
streetscape.
(iii) Nothing in this subsection shall be construed to limit requirements for additional
upgrades as necessary to meet the requirements of these Regulations.
(c) Streetscape.
(i) All streetscape features must be consistent within a project and be compatible with
adjacent features erected following adoption of this Code.

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(ii) Non-hardscape, pervious areas within the front yard must be planted with perennial,
predominantly groundcover plants or flowering vegetation, not lawn or grass. These
cannot be left as unplanted soil.
(d) Street Trees
(i) Street trees are required along all streets in a planting strip a minimum of five feet wide.
(ii) 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 inches
DBH, and shall be planted no greater than thirty feet (30’) on center in T5, fifty feet (50’)
on center in T4, and fifty (50’) on center in T3.
(6)

Corner Radii; Clear Zones.

Corner curb radii shall be determined by Street Type within Article 11, Street Types. To allow for
emergency vehicles, corners must include a 25-foot radius Clear Zone free of all vertical obstructions
including, but not limited to, telephone poles, sign poles, fire hydrants, or electrical boxes.
Figure: Corner Radii & Clear Zones

8.05 Buildings
A.
(1)

Building Placement.
All new buildings and all additions to buildings shall include at least one building façade located
entirely within a Build-to-Zone. The following are excepted from this standard:
(a) Buildings permitted in a T3 Cottage Court
(b) As permitted under Section 8.11, Nonconformities
(c) Accessory structures
(d) New buildings on the outside of an existing or planned road corner of 120-degree or less if:
(i) The building façade nearest to the street meets the façade requirements for the primary
or secondary street it faces and is at least partially located within 120 feet from the rightof-way of the roadway; and,

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(ii) The road cannot reasonably be extended from the corner due to restrictions in Article 12
or the presence of an interstate; and,
(iii) Either:
(I) The building is on a pre-existing lot containing no street frontage, or
(II) The frontage buildout on the lot is met or has been approved to be met by other
buildings.
(e) Buildings fronting only on an approved Frontage Civic Space.
(2) Standards for buildings and building placement along Primary and Secondary Streets are
contained within the Building Envelope Standards for each Transect Zone. Standards for
buildings and building placement on a Tertiary street, or on a path upgraded to a Pedestrian
Street shall meet the standards for Secondary Streets. Buildings that front only on a Tertiary
street may only be approved and constructed after frontage buildout requirements for any
Primary or Secondary streets fronting the lot are constructed.
B. Build-to-Zones; Frontage Buildout
(1)

Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all
public, planned, and proposed streets within the FBC Transect Zones.
(a) If a third-party easement pre-dating the initial adoption of this Article exists within a Buildto-Zone that prohibits the frontage buildout to be met, the Build-to-Zone shall be
established along the rear edge of the easement for the length of the easement.

(2) Frontage Buildout. Frontage Buildout requirements shall apply along all streets pursuant to the
BES by Transect Zone. For development pre-existing the adoption of the FBC, see Section 8.11,
Nonconformities.
(a) Proposed Public Street ROWs shall be removed from the calculation of the lot’s minimum
frontage buildout requirement. Driveways, alleys, and other private accesses shall be
included in the calculation of the lot’s minimum buildout requirement.
(b) Where Hazards and Level I Resources (defined in Article 12) are located along streets, the
linear distance of these features along the street shall be removed from the calculation of
the lot’s minimum frontage buildout requirement.
(c) If a corner lot is 100’ or less in width along a primary street and greater than two (2) times
that width in depth, the required frontage buildout in the BES shall be reduced by 50% on
the second frontage.
(d) An open space fully or primarily in a Build-to-Zone (a “Frontage Civic Space”) shall count
toward required frontage buildout if:
(i) it is an approved Courtyard, Snippet/Parklet, Square, Plaza, Pocket Park, or Pocket Plaza
as defined and regulated in Article 11 that is a minimum of twenty-five (25) feet in depth
from the street line; and
(ii) a building or other screening at least ten (10) feet in height screens the rear of the civic
space from any parking or open area behind it (except for a small pedestrian access
path); and
(iii) building facades facing the civic space meet BES requirements for Primary Street
facades.

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C.

ARTICLE 8

Special Requirements, Prohibitions & Exceptions.

(1)

For buildings on lots adjacent to Public Open Space or Parks, the building facades that are
parallel to and abut the Public Open Space or Park, without regard to any rights-of-way or
easements, shall meet the BES applicable to Secondary Streets.

(2)

Residential uses are prohibited within fifty (50) feet horizontal distance of ramp rights-of-way,
both existing and planned, for Interstate 89 and Interstate 189.

(3)

Pass-under accessways to the interior of a lot are permitted on Secondary streets and count
toward required frontage buildout if the building façade above the pass-under is at least two
(2) stories high.

8.06 Parking
A.

Off-Street Parking Placement.

(1)

Where a new building meets all Frontage Buildout requirements, new off-street surface parking
shall be permitted, but must be set back a minimum of 25 feet from the closest street line.
(a) New parking spaces shall be screened from all streets and the public realm by screening a
minimum of four (4) feet in height.
(b) In T3:
(i) For residential uses, all parking shall be located to the side or rear of buildings.
(ii) For non-residential uses, all parking shall be located behind the principal building

(2)

No new parking shall be permitted within 140 feet of an existing, planned, or proposed
qualifying street unless the Frontage Buildout requirements for all areas between the street
right-of-way and proposed new parking have been met or the applicant demonstrates an
approvable building footprint between the street right-of-way and the proposed parking.
(a) The 140-foot requirement shall be reduced to 62 feet where the applicant demonstrates that
the area has a shared parking agreement allowing development of the area without parking
within the 62-foot area. Screening of vegetation, a non-vinyl fence, or non-plastic wall at
least four (4) feet tall must be installed along the street frontage until the area is developed.
The Administrative Officer may approve the location of screening at the rear of the area
adjacent to parking if it presents a better overall landscape treatment for the site.

(3) No new leases shall be executed for non-conforming parking.
B.

Structured Parking Lot Placement.

Any structure located within the Build-to-Zone may contain structured parking. All structured
parking shall be set back at least twenty-five (25) feet from all front building facades on the first
story. The minimum twenty-five (25) foot area in front of parking shall be filled with an enclosed
building containing uses allowed in the Transect Zone.
(1)

Parking under structures is encouraged.

(2)

Parking structures are exempt from building façade in a Build-to-Zone requirement if Frontage
Buildout requirements have been met by a principal building, multiple buildings, or liner
buildings. A parking structure located to the rear of a building(s) that complies with the Frontage
Buildout requirement is exempt from glazing and door standards.

(3)

In T4 along Secondary Streets, parking structures that do not meet entrance and/or glazing
standards may be permitted within the Build-to-Zone if a minimum of 0.5% of the construction
cost is used for original artwork installed on or in front of the building façade facing the

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Secondary street. If otherwise permitted, the parking structure shall count toward required
Frontage Buildout requirement.
C.

Access to Off-Street Parking.

Alleys shall be used to access off-street parking. Parking along alleys may be head-in, diagonal, or
parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all
properties adjacent to the alley shall be maintained. Access between adjacent lots and across
property lines is required and is described Section 14.07F and Section 13.02F of these Land
Development Regulations. Corner lots shall access parking from the Secondary Street.

8.07 Massing and Heights
A.

Height by Stories, Combined Stories.

(1) Calculation of Stories. A story is measured from the floor surface of a story to the floor surface
of the next story. Stories have a minimum and maximum height from floor to floor in feet.
Stories that exceed the maximum height for a story may be permitted as described in Combined
Stories, below.
(2)

Minimum Building Stories. To count toward the required minimum number of stories, each
story above the ground story up to and including the minimum number of required stories shall
contain a floor area of at least 75% of the building footprint

(a) Parking on the ground floor of a building (underneath the upper stories of a building)
behind the first 25 feet under the building (as required under 8.06A) shall be included in the full
footprint of the building.
(3)

Small Single-Story Principal Buildings.

A new small single-story principal building shall be permitted only if it meets the following
requirements:
(a) The building must be contained within a Master Plan approved by the DRB.
(b) The building shall have a maximum footprint of 3,500 square feet; and,
(c) The building shall comply with all other provisions of these Regulations.
(d) The building shall directly serve, front on, and anchor a public open space, civic space,
public park, or pedestrian street.
(4) Maximum Height by Stories. Maximum height of buildings in the FBC area is set by number of
total stories and a total maximum height (see 8.07C for regulation of rooftop elements).
Maximum total stories and range of height for each story are regulated by Transect Zone in the
BES tables.
(5)
Combined Stories. For each story in a building with a floor-to-floor height that exceeds the
maximum height allowed in the applicable Transect Zone / Zoning District, the number of stories
shall be calculated by dividing the proposed floor-to-floor height by the number of feet equal to the
maximum story height and rounding up to the next whole number. For the purposes of calculating
the minimum number of building stories in a Transect Zone, however, combined stories shall not
be counted as more than one story.
B.

Upper Story Step Backs.

(1) In T4 and T5, except where located within a Gateway Area, the top stories (except rooftop
structures in Section 8.06) of any building with eight (8) or more stories shall be set back a minimum
of twelve feet (12’) from facades fronting on Primary Streets, Secondary Streets, and Pedestrian

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Streets starting between the top of the minimum stories and the top of the fifth story. The step back
may start before the top story.
(2) Where a lot in T4 abuts the T3/3+, LSN, or MSN Zoning District(s), the following standards shall
apply:
(a) A buffer strip shall be required except if separated by a street or contained within a single
development.
(b) For all portions of buildings within one hundred and fifty (150) feet from the boundary with
T3/3+, LSN, or MSN shall be five (5) stories. On all sides facing the T3/3+, LSN, or MSN, there
shall be a step back of at least twelve (12) feet above the third story.
(c) No building located within one hundred and fifty feet (150') from the LSN or MSN District
boundary shall exceed five (5) stories in height.
C.

Rooftop Elements and Uses; Utilities.

(1)

Conceal Rooftop Devices. In T4 and T5, rooftop mechanical equipment and appurtenances to
be used in the operation or maintenance of a structure shall be arranged to minimize visibility
from any point at or below the roof level of the subject structure. Such features, more than one
(1) foot in height, shall be enclosed by outer building walls or parapets, grouped and screened,
or themselves designed so that they are balanced and integrated with respect to the design and
materials of the building. Such rooftop devices shall not be counted as a “story.”

(2)

Flat Roof Designs. For a flat roof design, architectural elements defining the top line of the
building shall be included within the top 10% of the total building height. Defining elements
include, but are not limited to, cornices, friezes featuring bas-relief, bar-relief, or 3D-printed
architectural panel, functional solar shading devices over window openings, and other
decorative elements applied in service of the façade composition. Any such architectural
elements shall be installed along all facades facing Primary, Secondary, and Pedestrian Streets.

(3)

Pitched Roof Designs. Buildings may have unoccupied pitched roof designs above the top full
occupied story as a design elements and/or to hide mechanical equipment. The highest ridge
of the pitched roof may not exceed 14 feet above the maximum allowed height for a building
in the applicable transect. Pitched roofs may cover 100% of the area of the upper-most fully
occupied story of the building.

(4)

Rooftop Use and Features. A rooftop may be used for any use permitted for the building.
Enclosed or partially-enclosed building features including, but not limited to, elevator shafts,
partial stories of occupied building space, garden sheds, permanent awnings or breezeways,
or architectural features such as clock-towers or spires, are permitted and shall not be
considered as an additional story, subject to the following limitations:
(a) The total area of all rooftop features, shall not exceed 200 square feet or 30% of the area of
the upper-most fully occupied story of the building, whichever is greater and,
(b) The height of any such features shall not exceed 14 feet above the ceiling of the maximum
allowed height for highest fully-occupied story,
(c) Rooftop features shall not be solely or primarily for physical support of signage.

(5)

Utility Features. Utility features, such as generators, gas lines or meters, or electrical meters,
shall not be located on any façade facing a street and shall be screened from view of any such
street. On-building fire hydrants shall be exempt from this subsection.

8.08 Façades

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ARTICLE 8
A.

CITY CENTER FORM-BASED HOME DISTRICT CODE

Building Façade Standards

(1)

Any building façade facing a Primary Street, Secondary Street, or Pedestrian Street, or with
sole frontage on a Tertiary Street, must be visually broken up by a Qualifying Building Break,
except as excepted by (3) below. The minimum and maximum distances between Qualifying
Building Breaks are regulated in the BES tables by Transect Zone.

(2)

Buildings must be broken up by Building Breaks that create visually distinct design, except as
noted in (3) below. Large buildings may alternate or repeat Building Break characteristics if
separated by at least one (1) different building break.

(3)

Exemptions. Buildings exempt from building break standards under this section must still meet
all other standards of the FBC including, but not limited to, fenestration and glazing and
entrances. Buildings with any of the following characteristics are exempt from building break
standards.
(a) Facades of eighty (80) feet or less.
(b) Facades of one-hundred (100) feet or less faced in high-quality brick. For the purposes of
this section, high-quality brick shall be defined as durable, uniform masonry with a
minimum compressive strength of 5,000 psi, with a textured surface such as molded,
clinker, or sand-faced brick. The brick must have a natural, hand-crafted appearance with
variations in color and finish, including distressed or weathered effects, that enhance depth
and visual interest. The design should feature craftsmanship and add architectural character
to the façade through variation in depth, brick patterning, and additional masonry features
like soldier courses, lintels, pediments, and prominent sills.

(4)
B.
(1)

Building Break Standards also apply to any façade facing a Qualifying Civic Space / Site
Amenity.
Building Breaks
Between the minimum and maximum façade width (in feet), the building must include one or
more of the following significant breaks in building characteristics:
(a) Building height variation by at least ten (10) feet for at least the minimum building break
width.
(b) Building vertical plane shift (bump outs / step backs) by at least eight (8) feet for sixteen (16)
feet.
(c) Balconies repeated on each story in a vertical plane or in another regular pattern for at least
80% of the façade height. Balconies must be accessible to residents or users of the building
(private, semi-private, or communal) and must include a sliding or French door. Fake
balconies with railings but no actual access do not count. To also count as a Site Amenity,
see required dimensions in Article 11.B Site Amenities
(i) Step backs above the first story that have a functional floor surface and are accessible to
residents (private, semi-private, or communal) at least eight (8) feet deep may be
considered balconies and count toward Qualifying Civic Space / Site Amenity
requirements as in Article 8.10. Step backs do not need to be repeated if open to above.
(ii) No combustible materials may be used for any part of a balcony that protrudes from the
façade.
(d) Major change in materials (such as brick to stone or fiber cement siding) extending at least
50% of the vertical plane of the building.

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ARTICLE 8

(e) Significant change in window design or layout, options for which include, but are not limited
to, proportions (e.g. ratio of height to width), size, shape and/or distribution on the façade
for at least the minimum building break width.
(f) Significant variation in the texture and features of the façade through inclusion of stoops,
porches, balconies, permanent structural awnings, bay windows, architectural
ornamentation, decorative brickwork, inverted dormers, or other similar variations in
patterning, depth, or surface design.
(2)

The characteristics used to qualify as a building break do not need to align with each other but
may do so to create distinct façade sections. The application should clearly indicate building
breaks on the façade.

(3) To qualify as a significant building break, the change in the characteristics above must be
anchored by at least one (1) entrance or other distinguishing feature (i.e. parking pass-under,
garage door opening for restaurant space, or similar) on the ground story.
(4) Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall
include one or more significant architectural features, such as but not limited to, vertical
projections, changes in materials, top-story Civic Spaces / Site Amenities, and/or first-story
prominent features.
C.

Fenestration and Glazing

(1)

Total requirement for glazing as a percentage of façade area by story is given in the BES tables.

(2)

Ground story glazing shall comply with regulations in the BES tables and entrance
requirements.

(3)

Upper Story Glazing shall comply with the following standards:
(a) Upper story glazing shall be a minimum of 25% of the façade area below the roofline on the
primary building facade and 20% on secondary building facades.
(i) Glazing dimensions are based on the part of the frame visible once installed, or ¼” inch
from each side of the frame.
(ii) Upper story façade for the purposes of calculating glazing percentage is measured from
the floor of the first upper story to the ceiling of the uppermost occupied story. Partial
occupied stories must also meet glazing percentage requirements.
(b) At least 70% of glazing on the upper story façade shall be taller than wide.
(i) Measurement of the horizontal width of the window shall be from vertical element to
vertical element or edge of window frame.
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged
horizontally if each grouping (maximum five per group) is separated by a mullion, column,
pier or wall section that is at least seven (7) inches wide.
(d) Glazing on upper stories shall not be flush with building surface material and shall be
recessed a minimum of 3 inches, except for bay windows and storefront windows.

D. Exterior Finish Prohibited Materials
The following materials are strictly forbidden as exterior finish materials in all Transect Zones:
•
•
•

All types and form of vinyl siding or vinyl finishing products.
External Insulation and Finish System (EIFS)
Stucco

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ARTICLE 8
•
•
•
•
•

CITY CENTER FORM-BASED HOME DISTRICT CODE

Plywood (excluding Marine Grade plywood)
Chain-link fence
T1-11
Concrete block, cinder block
Tar paper

8.09 Entrances & Street Interaction
A.
(1)

Entrance Location
Building entrances must be spaced along the building façades between the minimum and
maximum distances set by Transect in the BES Tables.
(a) Distance between entrances shall be measured as between the edge of the door and the
edge of the next door or corner of the building.

(2)

The primary entrance must be located on a Primary Street unless the building does not front
on a Primary Street, in which case the primary entrance must be located on the highest-ranking
street or Frontage Civic Space.

(3)

Grand Entrance
(a) A qualifying Grand Entrance may be spaced an additional 50% in feet from the maximum
entrance spacing in the BES Tables by Transect from the next building entrance on either side.
(b) A Grand Entrance is an entrance available to the public and/or to residents/users of a
building that meets the following characteristics at minimum:
(i) Operable doorway width of 72” or wider
(ii) The entrance serves a lobby, atrium, or other open, functional, and space that serves as
a focal point for the building and provides access to multiple units, stories, and/or amenity
spaces. Such lobby or similar entrance space must have an area greater than 400 square feet
and twenty (20) feet in width.
(iii) Prominent doorway design that identifies it as a primary entrance to the building. Such
design may include, but is not limited to, the following decorative or structural features.
(I) Sidelight glass 18” or wider on one or both sides of the operable entrance
(II) Lighting, decorative framing, transom glass or trim, or similar architectural detail
that draws the eye to the operable doorway
(III) Prominent awning, roofline, or other architectural feature above the doorway that
shields users from the weather and draws the eye to the operable doorway

B.

Operable Entrances

At the choice of the applicant, some entrances may remain locked or otherwise barred to serve the
needs of specific tenants or users of the building. Entrances must be included in the design that
meet the requirements of the Building Envelope Standards table. A minimum of 50% of the
constructed entrances must be operable, with no inoperable door adjacent to another inoperable
door (i.e. maximum of alternating operable and inoperable doors). Inoperable doors may be locked,
de-emphasized, and/or blocked by furniture on the interior and/or exterior as long as doing so
remains compliant with fire and life safety regulations.
C.

Buffer Strip.

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Any Buffer Strip required by the BES shall consist, at a minimum, of a strip of land that is no less
than twenty feet wide measured from the applicable lot line and shall include a screening buffer that
is not less than eight (8) feet in width, measured from the applicable lot line, and planted with dense
evergreens that are at least seven (7) feet in height at time of installation, and a separation buffer
not less than twelve (12) feet wide measured from the edge of the screening buffer, in which no
building shall be allowed. Where a vehicle turn-around or parking will be located adjacent to the
screening buffer, then the screening buffer shall be supplemented as needed to opaque year round.
The Buffer Strip may include fencing to supplement the screening and/or separation buffers.
D.

Loading Docks and Delivery Entrances

(1) Loading docks and other entries meant principally for deliveries shall not face streets, except
where:
(a) They are set back a minimum of one-hundred (100) feet from the building façade that is
parallel to and closest to the public street; and,
(b) The total width of loading docks and other delivery entries does not exceed twelve (12) feet.
(2)
All loading docks and associated truck parking areas shall be screened from view from
streets. A nonconforming loading dock and associated truck parking area, shall require compliance
with this subsection for any substantial changes to the location or configuration of the loading docks
or associated truck parking areas
E.

Landscaping Requirements.

(1)

New development must meet a minimum landscaping budget equal to 1% of all construction
costs.

(2)

Within the City Center FBC District, the minimum landscaping budget may be applied to nonbulb perennial vegetation or other amenities as detailed in Table 8-2 and Article 11.B, Civic
Space Types, as part of a cohesive landscaping plan for the site that provides adequate planting
of trees and shrubs appropriate to the site.

(3)

Off-Site Landscaping. Where Civic Space is approved to be located off-site or within a specified
distance of the site pursuant to Section 8.10, up to eighty-five (85) percent of the required
landscaping budget may also be located off-site. Prior to the application of any landscaping
budget as permitted in this subsection, the applicant shall demonstrate to the Administrative
Officer that the site that is the subject of the application has been adequately landscaped with
trees, shrubs, and other non-bulb perennial vegetation, to provide a cohesive landscaping plan
on the site. When landscaping is proposed off-site or within a specified distance of the site, the
total required landscape budget shall increase by fifteen (15) percent.

Table 8-2. Landscaping Options

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Zone

T5

CITY CENTER FORM-BASED HOME DISTRICT CODE

Maximum % of
Minimum
Landscaping Budget
for non-vegetation
amenities

Palette of Options

Palette includes commissioned sculptures (excluding signs 1),
fountains, ornamental planters, ornamental or commissioned
benches2, decorative hardscapes, and ornamental or
commissioned bicycle racks3.
T4
80%
Palette includes same as T5.
T3/T3+ 30%
Palette includes same as T5; also includes enhanced soils for
community gardens, gazebos for common use, and rain gardens
(as restricted in Article 11.B).
Note 1: As defined in the South Burlington Sign Ordinance.
Note 2: Credit may be given for the incremental value by which the proposed amenity
exceeds the specified requirement for the district, at the discretion of the Administrative
Officer or the Development Review Board where applicable.
Note 3: Credit will not be given for the value of the land under which any of the above are
constructed.
F.
(1)

90%

Landscaping Payments.
Applicability. In lieu of providing landscaping as required by these Regulations, an applicant
may contribute to a designated City fund that shall be used to acquire and maintain vegetation,
streetscape elements, and civic and park spaces on City property and/or within the street ROW,
subject to the following conditions and requirements:
(a) For any parcel of less than two (2) acres in size in the T5 and T4 Transect Zones, a
contribution may be provided in lieu of 50% of the minimum landscaping budget
requirement.
(b) For any parcel of two (2) acres or more in the T5 Transect Zone, a contribution may be
provided in lieu of no more than 25% of the minimum landscaping budget requirement.

(2)

Amount of Contribution. The contribution shall be the same as the cost of the required
landscaping budget being offset.

(3) Partial Contribution. An applicant can choose to satisfy part of the landscaping requirement
through contribution and provide actual landscaping for the remainder.

8.10 Civic Space / Site Amenity Requirements
A.

Purpose.

These Civic Space / Site Amenity standards are established to provide for the creation or
improvement of Civic Spaces / Site Amenities in both residential and non-residential developments
in the City Center FBC District. Establishing, enhancing and preserving Civic Space / Site Amenity
serves multiple purposes and meets the recreational needs of residents, visitors, and workers. These
Civic Space / Site Amenities define community character, provide a pleasant interlude in the urban
environment, build civic pride, and attract new residents and businesses to the community. They
can also serve additional purposes including stormwater treatment, wildlife habitat, and provision
of local foods.

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ARTICLE 8

It is the City’s intent that all Qualifying Civic Space / Site Amenities shall be high quality, useable
and serve the purposes listed above. Qualifying Civic Space / Site Amenity must clearly be planned
to meet these purposes and to be of sufficient size to serve a legitimate recreational or relaxation
need.
In determining if proposed Civic Space / Site Amenity meets the City’s requirements, the
Administrative Officer shall utilize these Regulations, its Appendices, and the purpose statement of
this subsection.
B.

General Requirements.

Qualifying Civic Space / Site Amenity in the form of site amenities and/or civic spaces shall be
required in all Transect Zones per Table 8-1.
(1) Qualifying Civic Space / Site Amenity is defined in the palette of options of Site Amenities and
Civic Spaces included in Article 11.B. Site Amenities generally serve the residents and users of
a building on site. Civic Spaces are generally larger and are public or semi-public (i.e. have
limited hours or limited entry points).
(a) Qualifying Civic Space / Site Amenity specifically excludes areas also intended for motor
vehicular use, such as parking areas, driveways, travel lanes, etc.
(b) In all Transect Zones, landscaped parking lot dividers and median strips shall not be
considered Qualifying Civic Space / Site Amenities.
(2)

Mixed Uses. Where a lot contains both residential and non-residential uses, the minimum Civic
Space / Site Amenity requirements in Table 8-1 for each type of use shall be met. The gross
floor area of the non-residential uses on the lot shall be the sum of the gross floor area of each
building on the lot less the sum of the area of the residential units on the lot.

(3) The required Civic Space / Site Amenity must be an identified Site Amenity, Civic Space, or
Private Outdoor Space type in Article 11.B.
(4) Civic Spaces / Site Amenities may be constructed in phases matching the construction of square
footage or units of the development. Civic Spaces / Site Amenities may be pre-constructed to
meet the requirements for future phases of construction but cannot be held to later phases of
construction.
(5) Site Amenities and Private Outdoor Spaces must be allocated to serve the Civic Space / Site
Amenity needs specific buildings. Civic Spaces may serve multiple buildings on multiple lots
within a single Site Plan approval.
(6) A maximum of 50% of the Civic Space / Site Amenity requirement may be met by any
combination of Private/Semi-Private Balcony, Indoor Common Area, Indoor Park/Atrium, or
Private Yard Space. At least 50% of the Civic Space / Site Amenity requirement must be met by
other Civic Space or Site Amenity types in Article 11.
C.

Maintenance.

All qualifying Civic Space / Site Amenity areas, including all plantings and amenities contained
within, shall be maintained in good condition and the entire area shall be kept clear of debris. Failure
to maintain the area shall constitute a violation of these Regulations.

Table 8-1 Civic Space / Site Amenity Requirements
Transect
Zone

Residential/NonResidential

Minimum Qualifying Civic
Space / Site Amenity
Required

Additional Restrictions,
Requirements, or
Allowances

South Burlington Land Development Regulations

ARTICLE 8
T5
T4
T3/T3+

CITY CENTER FORM-BASED HOME DISTRICT CODE
Non-Residential and
Residential
Non-Residential and
Residential
Non-Residential
Residential

D.
(1)

6% of building gross floor
area
6% of building gross floor
area
6% of non-residential
building gross floor area
6% of residential building
gross floor area

Must be located on site.
Must be located on site; 40%
or more must be commonly
accessible to all
tenants/residents.

Large Civic Spaces.
Locating Civic Space / Site Amenity Off-Site
(a) Qualifying Civic Space / Site Amenity may be located off-site as allowed or limited by Table
8-1. Off-site Qualifying Civic Space / Site Amenity is space located in an area under a
different Site Plan approval and/or under different ownership and must be located within
City Center FBC District boundaries, must meet the standards of this section, must be within
¼ mile walking distance from the building it serves, and must be a Civic Space type allowed
to be located off-site under Article 11.B.
(b) Off-site qualifying Civic Space / Site Amenity shall be located on developable land.
For the purposes of this section, developable land is an area of land within the City Center
FBC District that can feasibly be developed with residential or mixed uses in compliance
with this Code as determined by the DRB. Developable land area shall not, except where
otherwise specified, include lands unsuitable for development due to topographic features
or environmental restrictions under Article 12 of these regulations, unless approved for
impact under said Article. Stormwater facilities shall not be considered developable land
for the purposes of this section except for level areas with full public access.
(c) Wetlands and wetland buffers shall not be designated as Off-site Qualifying Civic Space /
Site Amenity, unless the DRB makes a finding that the wetland and/or wetland buffer is
already improved and can be used as a Qualifying Civic Space or Site Amenity pursuant to
this Article and Article 11.B. The DRB may consider the reasonable and expected use of the
wetland and refer to the specifications for “Enhanced or Recreational Wetlands” in Article
11.B. If the DRB makes such a finding, the wetland and/or wetland buffer may only count as
up to 50% of the minimum required qualifying Civic Space / Site Amenity.
(d) Pre-approval of Civic Space / Site Amenity. An applicant that constructs a greater area of
Civic Space / Site Amenity than the minimum required area may apply the additional space
exceeding the minimum to required space for a future building. The applicant shall
demonstrate with each application for a proposed building that the off-site Civic Space /
Site Amenity has space remaining to satisfy the requirements for the proposed building.

(2)

Large Development Area Civic Space Option
(a) Purpose: To provide larger properties within the City Center Form-Based Code District the
ability to provide a portion of their required Civic Space / Site Amenity in a coordinated,
consolidated manner to serve a designated Area Affected.
(b) Standards. The following standards apply to proposed Large Development Area Civic
Spaces.

South Burlington Land Development Regulations

CITY CENTER FORM-BASED HOME DISTRICT CODE

ARTICLE 8

(i) The area to be served by a Large Development Area Civic Space must be designated as
the Area Affected on a submitted plan.
(ii) The Area Affected must be continuous, except public rights-of-way, and shall consist of
no fewer than fifteen (15) acres of land, excluding existing public pedestrian easements,
public roadway easements, and public roadways.
(iii) The Area Affected must be under common ownership, control, or legal agreement
among all landowners
(iv) All Qualifying Civic Spaces proposed within the Area Affected shall consist of at least
½ acre and include an access directly fronting a public street.
(v) All existing or proposed buildings within the Area Affected must have uninterrupted,
ADA-compliant pedestrian access to the qualifying civic space(s). Access may be paved
or unpaved but must be intended and designed for pedestrian and/or bicycle use.
(vi) Uninterrupted pedestrian access from any building to any designated Civic Space(s)
must be constructed and completed prior to the issuance of a Certificate of Occupancy
for that building.
(c) Submission Requirements: Applications proposed to use this Large Development Area
Civic Space Option must submit the following documents and information at the time of
Site Plan application for any building proposed to utilize this sub-section or as a separate
miscellaneous application at the applicant’s discretion.
(i) A plan delineating the Area Affected with existing parcel lines, public pedestrian or
roadway easements, and public rights-of-way.
(ii) The plan also shall demarcate the area(s) to be designated as Civic Space / Site Amenity
with an identified type(s) of qualifying civic space.
(iii) Demonstration of common ownership, control, or legal agreement among owners of
land within the Area Affected.
(iv) Demonstration of pedestrian connectivity showing uninterrupted pedestrian access
(save for street or driveway crossings) for each existing or proposed building within the
Area Affected.
(d) Effect. Approval of a Large Development Area Civic Space shall afford the applicant the
following, in addition to the options available in Table 8-1:
(i) Designated civic space within the Area Affected may be used to provide the qualifying
Civic Space / Site Amenity required by these regulations for any additional buildings
within the Area Affected that are located within ¼ mile walking distance of and connected
by uninterrupted pedestrian access to the designated civic space within the Area
Affected. Distance shall be measured from the nearest corner of the building to the
entrance to the civic space via the pedestrian connection; and,
(ii) Any designated Civic Space within the Area Affected shall be eligible to account for up
to 50% of the total qualifying Civic Space / Site Amenity required for a building within
the Area Affected.
(e) Ongoing Accounting. The property owner / controlling entity of the Area Affected shall
maintain an ongoing tally of Civic Space required and allocated to all development within
the Area Affected, and the remaining unallocated square footage in the Civic Space. This
tally shall be submitted whenever an application proposes a change in the designated Civic
Space or in the civic space/site amenity provided in connection with a building within the
Area Affected.

South Burlington Land Development Regulations

ARTICLE 8
E.
(1)

CITY CENTER FORM-BASED HOME DISTRICT CODE

Off-Site Civic Space / Site Amenity Credits.
Applicability. In lieu of providing Qualifying Civic Space / Site Amenity as required by these
Regulations, an applicant may contribute to a designated City fund that shall be used to acquire
property for Civic Space and/or for Civic Space capital improvements, within the City Center
FBC District, subject to the following conditions and requirements:
(a) For any parcel of less than two (2) acres in size in the T5 and T4 Transect Zones, a
contribution may be provided in lieu of Civic Space / Site Amenity.
(b) For any parcel of two (2) acres or more in the T5 Transect Zone, a contribution may be
provided in lieu of no more than 50% of the minimum required Civic Space / Site Amenity.

(2)

Amount of Contribution. The contribution shall be calculated as the square footage required
(building square footage multiplied by minimum required percentage under Table 8-1)
multiplied by the current mean assessed value per acre or square foot of the land of all parcels
of two (2) acres or less within the T5 and T4 Transect Zones.

(3) Partial Contribution. An applicant can choose to satisfy part of the Civic Space / Site Amenity
requirement through contribution and provide actual Civic Space / Site Amenity for the
remainder.

8.11 Uses Allowed and Changes of Use
A.

General Provisions.

Within the City Center FBC District, all uses are allowed except as specified in Table 8-3, FBC Table
of Uses, other applicable City ordinances and regulations, and by state statute or applicable state
regulation. In Table 8-3 below (FBC Table of Uses), all uses not listed as prohibited within a specific
Transect Zone are allowed in that Transect Zone.
(1)

In T5, residential uses are prohibited on the ground level. For the purposes of this
subsection, “residential uses” include dwelling units and any other form of permanent
housing including, but not limited to, group homes, residential care homes, congregate
care, assisted living, continuum of care facilities, or group quarters. Ground-level lobby
areas serving residential uses are allowed.

(2) In T5, the first forty (40) feet of the ground story of a building facing a Primary street or
Frontage Civic Space / Site Amenity must be commercial space oriented to the Primary street
and with the general public as target customers. This includes commercial uses that
interfaces directly with the public as customers or clients, including, but not limited to, retail,
restaurant, bars, entertainment, museums and galleries, and personal services (e.g. hair
salons, fitness instruction, art workshops), and similar uses.
B.

Changes of Use.

Changes of use within the Form-Based Code District shall require site plan approval if:
(1)

Changes are proposed to an approved Site Plan; or,

(2)

Except within the T5, the proposed change in use will increase PM Peak Hour Vehicle Trips by
75 trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as calculated
within these regulations, whichever is greater.

C.

Nonconforming Structures.

South Burlington Land Development Regulations

CITY CENTER FORM-BASED HOME DISTRICT CODE

ARTICLE 8

Table 8-3 (FBC Table of Uses) indicates prohibited uses in each Transect Zone for structures that are
not in full compliance with the applicable BES. See also Section 8.113 for nonconformities.

Table 8-3. Transect Zone Table of Uses
Transect Zones Table of Uses

Nonconforming
Structures, all
Transect Zones

T3/ T3+

T4

T5

Adult use

Prohibited

Prohibited

Prohibited

Prohibited

Airport Uses

Prohibited

Prohibited

Prohibited

Prohibited

Animal shelter

Prohibited

Prohibited

Prohibited

Prohibited

Auto and/or motorcycle sales

Prohibited

*

*

Prohibited

Auto and/or motorcycle service &
repair
Auto rental, with optional private
accessory car wash & fueling
Cannabis dispensary (cultivation
only)
Car wash

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

*

*

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Commercial kennel and/or pet
day care
Data Center

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Drive-through establishments

Prohibited

Prohibited

Prohibited

Prohibited

Equipment service, repair, and/or
rental
Junk yard

Prohibited
Prohibited

Prohibited

Prohibited

Prohibited

Lumber and/or contractor’s yard

Prohibited

Prohibited

Prohibited

Prohibited

Manufacturing / assembly from
previously prepared materials &
components
Mobile home, RV and/or boat
sales, repair & service
Motor freight terminal

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Prohibited

Self-Storage

Prohibited

Prohibited

Prohibited

Prohibited

Service Station

Prohibited

Prohibited

Transportation services

Prohibited

Prohibited

Warehousing & distribution

Prohibited

Prohibited

Wholesale establishments

Prohibited

Prohibited

Bottle redemption centers

Prohibited

Prohibited

Outdoor storage in connection
with any permitted use, except
for dumpsters which must be
reviewed for adequate screening
during the development approval
process

Prohibited

South Burlington Land Development Regulations

Prohibited
Prohibited

Prohibited

ARTICLE 8

CITY CENTER FORM-BASED HOME DISTRICT CODE

Uses that require regular (1 trip
weekday or greater) trips using
24,000 lb. vehicles

Prohibited in T3
and T3+

Prohibited

ALL OTHER USES
*Allowed with a maximum of 5 parking spaces of compliant outdoor vehicle parking. Use is
prohibited if maximum number of spaces is exceeded. On-site fueling is prohibited.

8.12 Special Standards
A.

Civic Sites and Civic Buildings.

(1)

General. Civic Sites and Civic Buildings have special public importance. Civic Sites include
municipal buildings, libraries, municipal schools, public recreation facilities, and the land on
which the Civic Building is located.

(2)

Modification of Standards. To provide greater flexibility to make an architectural statement,
Civic Buildings may be approved by the DRB with modification or waiver of standards for Buildto-Zone, glazing, frequency of entrances, and frontage buildout requirements in the BES for the
applicable Transect Zone. The Board shall consider the following in making its determination:
(a) Presence of a public design process and formal recommendation from the South Burlington
City Council and/or School Board;
(b) Consistency of the design with any adopted municipal or school building design policy;
(c) Consistency of the project with the written purposes of the applicable Transect Zone; and,
(d) Advancement, where appropriate, of a project with specific design elements encouraged
within the applicable Transect Zone.

(3)

Exemptions. Expansions of or modification to existing municipal school buildings shall be
exempt from the following requirements within the BES for the applicable Transect Zone: buildto-zone, glazing, frequency of entrances, minimum story, and frontage buildout.

(4)

Limits of Authority. Civic Buildings shall not be exempt from any other Building Envelope
Standards within the applicable Transect Zone except as generally available to all buildings.

B.
(1)

Places of Worship.
General, and Modification of Standards. Places of worship have special public importance. To
provide greater flexibility to create a special architectural statement, Places of Worship may be
approved by the Development Review Board with modification or waiver of standards for Buildto-Zone, glazing, frequency of entrances, and frontage buildout requirements in the BES for the
applicable Transect Zone the Board shall consider the following in making its determination:
(a) Consistency of the project with the written purposes of the applicable Transect Zone; and,
(b) Advancement, where appropriate, of a project with specific design elements encouraged
within the applicable Transect Zone.

(2)
C.

Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope
Standards within the applicable Transect Zone except as generally available to all buildings.
Service Stations.

Service Stations are permitted as shown in Table 8-3 in the rear-accessed locations, in mid-block
locations, and in alley-accessed locations if they comply with the all of following standards:
(1)

No new service station shall be located within 300 linear feet of a Civic Site;

South Burlington Land Development Regulations

CITY CENTER FORM-BASED HOME DISTRICT CODE

ARTICLE 8

(2)

Queuing for service stations shall not interfere with pedestrian access between the intended
pedestrian entrance to the building and any off-street parking for the building or public street
sidewalk access to the building;

(3)

For mid-block lots, fuel pumps, fueling canopies, and commercial electric car charging stations
shall face the rear lot line;

(4)

For corner lots, fuel pumps, fueling canopies, and commercial electric car charging stations
shall be hidden by a building fronting on all public streets.

(5)

Service stations shall conform to all applicable BES and shall not be exempt from any minimum
height or story requirement.

For existing Service Stations in the FBC District that do not meet these standards, see 8.13
Nonconformities.
D.

Accessory Structures.

Accessory structures shall not exceed 500 square feet in area or fifteen (15) feet in height. Accessory
structures shall not be located between the street line and the front building line of any principal
building and shall be located a minimum of five (5) feet from all lot lines. There shall be a maximum
of one (1) accessory structure per principal building on the lot. The standards in Section 3.10(A-D)
shall not apply in this district.

8.13 Nonconformities
A.

Purpose.

To establish regulations and limitations on the continued existence of uses and structures
established prior to the effective date of this Code that do not conform to the provisions of this Code.
Nonconformities may continue, but the provisions of this Section are designed to limit investment
in nonconformities and to bring about their eventual elimination, where appropriate, to preserve the
integrity of the regulations in this Code.
B.

Nonconforming Uses.

(1)

Authority to Continue. Nonconforming uses may be continued in the same location on the
property provided the conditions in this Section are met.

(2)

Repairs and Alterations. Repairs and alterations, including structural alterations, may be
performed on any structure devoted in whole or in part to a nonconforming use, provided they
comply with the Code, including all limitations that apply to conforming structures.

(3)

Extensions/Expansions
(a) A nonconforming use shall not be extended, expanded, moved, enlarged, or increased in
size, footprint or coverage.
(b) No nonconforming use may be extended to displace a conforming use.

(4) Change in Use. A nonconforming use only may be changed to a conforming use allowed in the
applicable Transect Zone, not to another nonconforming use. A nonconforming use that is
changed to a conforming use may not revert to any nonconforming use.
(a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant
building containing one or more nonconforming uses from utilizing a portion of the building
for a conforming use, provided there is no expansion or extension of a nonconforming use
or uses as part of such a change in use.
(5)

Abandonment. See Section 3.15(G)

South Burlington Land Development Regulations

ARTICLE 8
C.

CITY CENTER FORM-BASED HOME DISTRICT CODE

Nonconforming Structures.

(1)

Authority to Continue. Nonconforming structures may continue to exist provided conditions in
this Section are met.

(2)

Repairs and Alterations. Repairs and alterations may be performed on any nonconforming
structure, provided they comply with the Code and with the following:
(a) If the total area of alterations to any building façade facing a Primary street, secondary
street, or pedestrian street exceeds 35% of the total area of the affected building façade, the
alterations shall comply with the BES applicable to the Transect Zone (excluding build-tozone and story requirements). For the purposes of this subsection, window and window
casing replacement, painting, adding or removal of siding, and other similar changes shall
not be considered in this calculation. For multi-tenant buildings, the standard shall apply
separately for each tenant area where that tenant gross floor area exceeds 10,000 square
feet.
(b) Normal repair of nonconforming exterior finish materials listed in Section 8.07 shall be
permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish
materials shall also be permitted. Replacement of any other type of exterior finish materials
listed as prohibited in Section 8.07 shall not be permitted.
(c) Structural alterations (the replacement, relocation, removal, or other similar changes) to
more than 50% of all load bearing walls / pillar elements of a building shall require
compliance with all standards within these Regulations.

(3)
D.

Damage to Nonconforming Structures. See Section 3.15 (F).
Extensions/Expansions.

(1)

Any nonconforming structure with a gross floor area greater than 20,000 square feet may be
altered, provided, however, that no enlargement, maintenance or alteration creates any
additional nonconformity or increases the degree of the existing nonconformity of all or any
part of such structure. See Figure 8-1.

(2)

Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet
may be altered in a manner that increases the nonconformity by no more than the percentage
of the existing gross square footage listed below in Table 8-4. See Figure 8-1
Table 8-4 Extensions / Expansions

E.

Structure
Size

<1,000 SF
GFA

1,001 – 2,500
SF GFA

2,501 – 5,000
SF GFA

5,001 –
10,000 SF
GFA
25%

10,001 –
20,000 SF
GFA
10%

Percent
Permitted

75%

35%

30%

Example:

A 20,000 sq. ft. structure may be enlarged or altered in a nonconforming
manner by 10%, so it could be expanded to side by a maximum total of 2,000
sq. ft.

Relocation.

No nonconforming structure may be relocated in whole or in part to any other location on the same
or any other lot unless the structure and its location conform to these Regulations.
F.

Civic Space / Site Amenity.

South Burlington Land Development Regulations

CITY CENTER FORM-BASED HOME DISTRICT CODE

ARTICLE 8

(1)

Purpose. To create a fair and equitable transition for lots with pre-existing, non-conforming
structures from a maximum lot coverage percentage regulation to a regulation setting a
minimum amount of Qualifying Civic Space / Site Amenity.

(2)

When an applicant proposes any of the following, the applicant shall be required to identify the
location of required Civic Space / Site Amenity under 8.10 above for the increase or addition.
(a) A proposed addition to a nonconforming building of at least 5,000 square feet GFA;
(b) A proposed increase in lot coverage of at least 1,000 square feet or 1% of the lot area,
whichever is greater;
(c) A portion of a lot developed with one or more buildings is proposed to be subdivided; or
(d) Any new buildings are proposed

(3)

For the entire lot, the applicant must first obtain approval from the Administrative Officer of an
identification of approvable Civic Space / Site Amenity prior to any additional Land
Development. The identification shall be completed as follows:
(a) The applicant shall identify, on a plan, the area(s) on the lot(s) that are Qualifiable Civic
Space / Site Amenity (in the case of a subdivision), totaling at least the minimum area
required for Qualifying Civic Space / Site Amenity listed in Table 8-1 based on the existing
uses and buildings on the lot(s);
(b) At the time of identification and approval of Qualifiable Civic Space / Site Amenity, the
applicant shall not be required to enhance any Qualifiable Civic Space / Site Amenity to
Qualifying Civic Space / Site Amenity under Article 11.B or to actually construct additional
Qualifying Civic Space / Site Amenity, except:
(i) If more than 50% of the Qualifiable Civic Space / Site Amenity is impervious area, any
impervious area above 50% shall be enhanced to full compliance with Article 11.B
Qualifying Civic Space / Site Amenity.
(c) Any new buildings or expansions of existing buildings shall be required to comply with all
Civic Space / Site Amenity requirements of Section 8.08 (Civic Space / Site Amenity
Requirements); and,

(4)

Any application to expand an existing building on a lot with identified and approved Qualifiable
Civic Space / Site Amenity may satisfy the requirement for minimum Qualifying Civic Space /
Site Amenity under Table 8-1 by enhancing the minimum required amount of the identified
Qualifiable Civic Space / Site Amenity to full compliance with Article 11.B and locating that
Qualifying Civic Space / Site Amenity on-site on the identification plan.

(5)

The identification of approvable Civic Space / Site Amenity shall be a one-time requirement. No
further such approval shall be required unless the applicant requests a modification of areas
identified and approved as Qualifiable Civic Space / Site Amenity.
Figure 8-1 Nonconformity Build-to Requirements

South Burlington Land Development Regulations

ARTICLE 8

CITY CENTER FORM-BASED HOME DISTRICT CODE

Figure 8-1A. Front: Addition

Figure 8-1 A. Front: New Building

A new building must be placed in the build to

Permitted

Permitted

Any addition to the front must move toward
build to zone. The addition does not have to
meet the frontage buildout.

zone until the frontage buildout has been met.

Figure 8-1 B. Rear: Addition

Figure 8-1 B. Rear: New Building

Rear additions are allowed because the

New Buildings located outside of the build-to

Not
Permitted

Permitted
extension does not increase the degree of the
nonconformity.

zone are not allowed until the frontage
buildout has been met.

Figure 8-1 C. Side: Addition

Not Permitted

South Burlington Land Development Regulations

CITY CENTER FORM-BASED HOME DISTRICT CODE
Side additions are not allowed because
the extension increases the width of
the building not in the Build-to zone.

ARTICLE 8

Figure 8-1 C. Side: New Building

New Buildings located outside of the
build-to zone are not allowed until the
frontage buildout has been met

Figure 8-1 D. Side: Addition ( Large Building)

Side additions are not allowed because the extension increases the width of the building not in the
Build-to zone.

South Burlington Land Development Regulations

ARTICLE 8

CITY CENTER FORM-BASED CODE DISTRICT
Figure 8-1 D. Side: Addition (Large Building)

Permitted

Add new connected street1 and side additions are now allowed because the new street establishes
a new Build-to-Zone.
Note 1: New street shall be selected from the pre-determined FBC street types allowable in the site’s
transect designation and shall conform to block standards (block lengths).

South Burlington Land Development Regulations

CITY CENTER FORM-BASED HOME DISTRICT CODE

ARTICLE 8

Figure 8-1 E. Tiers

Permitted
Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and
frequency of doors), FBC civic space / site amenity standards and/or combination of the two. Surface
parking is not conforming.
Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or Civic
Space / Site Amenity standards*
Note 1: Large parcels: Parcels with street frontages greater than 300' may expand laterally the
percentage of the build out at Tier 1 in the same lateral location of the conforming build out.

South Burlington Land Development Regulations

Article 11C Traditional Neighborhood Development PUD Building Types
PUD
Description
Types
HOUSING TYPES
See Illustrations
Cottage
A compact, detached housing type, consisting of a
TND
single, principal dwelling unit with a total footprint
1,200 SF or less, on a small lot that fronts on a local
street or shared courtyard, with limited front, side, and
rear yards. The equivalent of a single family dwelling
as defined under the Regulations. Intended to
contribute to the variety and mix of housing available
within a walkable residential or mixed use
neighborhood, to include compatible Cottage Court
housing arrangement (see T-3 “Cottage Court”
standards).
Detached House A
detached housing type, consisting of a single,
TND
principal dwelling unit with a total footprint greater
than1200 SF on a lot that fronts on a local street or
shared civic space and has front, side, and rear yards.
The equivalent of a single family dwelling as defined
under the regulations. Typically the most common
housing type within a walkable, low to moderate
density residential neighborhood.
Carriage House

A detached, accessory housing type that is located on
the same lot, and to the rear of a Detached House or
Cottage. A Carriage House is the equivalent of an
Accessory Dwelling Unit as defined under the
Regulations. A Carriage House must be clearly
subordinate in size and scale, and architecturally
similar to the principal dwelling on the lot. Intended to
provide affordable housing within a walkable
residential neighborhood.

TND

A housing type that consists of two dwelling units,
either attached, on individual lots, separated by a
common dividing wall along the property line; or
stacked on a single lot, separated by floor level; with
individual or shared front, side, and rear yards. The
equivalent of a Two-Family Dwelling as defined under
the Regulations.

TND

Dwelling Units

Lot Area

Lot Width

(DU)
1 DU/Lot, not including
ADU

Square Feet (SF)
Min: 3,000 SF
Max: 5,000 SF

Feet (FT)
Min: 30 FT
Max: 50 FT

Cottage Court
Min: 3 DU,
Max: 9 DU/ Site

Cottage Court
Lot area may be reduced
to 1,200 SF

Cottage Court
Lot width may be reduced.

Building Height
Stories
Min: 1.0
Max: 1.5

Setbacks
Feet (FT)
Front (BTZ): 10 to 25 FT

Frontage
Buildout
% Lot Width
Not applicable.

Side: Min: 5 FT

Frontage Types
See Illustrations
Dooryard
Porch
Stoop

Rear: Min: 10 FT, or 5 FT from a
rear alley

Pedestrian Access

Secondary entrance(s) to the side or rear.

Parking
On-Street: by Street Type, within lot frontage
Front Lot: Driveway, outside of BTZ
Rear Lot: Pad, Detached Garage
Off-Lot: Shared

Yard
Dooryard
Porch
Stoop

One main entrance per building. Main entrance
must face the street or shared civic space, and be
accessed by a connecting walkway that is
separate from the driveway.

Access
Rear Lot: Alley, Service Lane
Front Lot: Single or Shared Driveway
Side (Corner) Lot: Single Driveway

Not applicable. But must
have a either shared or
dedicated yard area or
outdoor space for use of
residents.

Main entrance must be prominent, visually
Parking
prominent, and separate from an attached garage On-Street: by Steet Type, within lot frontage
entrance.
Front/Side Lot: Attached Garage, Pad
Rear Lot: Detached Garage, Carriage House, Pad
Secondary entrance(s) to the side or rear.
Footprint: Tuck Under, loaded from front or rear
Private entrance; accessible by a connecting
Access
Rear Lot: Alley, Service Lane
walkway from front or side street, or rear alley.
Front Lot: Shared Driveway, with principal
dwelling
Side Lot: Single Driveway

Cottage Court: Setbacks may be
reduced to 5 FT
1 DU/Lot, not including
ADU

Min: 5,000 SF
Max: 10,000 SF

Min: 50 FT
Max: 80 FT

Min: 1.5
Max: 2.5

Front (BTZ): 10 to 25 FT

Not applicable.

Side: Min: 10 FT
Rear: Min: 10 FT, or 5 FT from a
rear alley

1 ADU/Lot

Not applicable.

Not applicable.

Min: 1
Max: 1.5

Must be located a minimum of 10 Not applicable.
FT behind the principal building,
and meet required side and rear
setbacks applicable to the principal
building.

Vehicle Access, Parking

Outdoor Access

See Illustrations
See Illustrations
One main entrance per building. Main entrance
Access
must face the street, common civic space, or a
Rear Lot: Alley, Service Lane
shared courtyard, and be accessed from the street Front Lot: Shared Driveway, only if no viable rear
by a connecting walkway.
access exists

Parking
On-Street: by Street Type, along lot frontage
Side Lot: Driveway, outside ROW
Rear Lot: Pad
Footprint: Ground Floor
May also be shared with principal dwelling.

Duplex

1 to 2 DU/Lot

Attached:
Min: 2,500 SF
Max: 5,000 SF

Attached:
Min: 25 FT
Max: 50 FT

Stacked:
Min: 5,000 SF
Max:10,000 SF

Stacked:
Min: 50 FT
Max: 80 FT

Min: 1,200 SF
Max: 3,000 SF

Min: 20 FT
Max: 30 FT

Min: 1.5
Max: 2.5

Front (BTZ): 10 to 25 FT

Not applicable.

Side: Min: 0 FT (attached) or 10FT

Yard
Dooryard
Porch
Stoop

Rear: Min: 10 FT; or 5 FT from a
rear alley

Maximum of two entrances (one/DU).
Main entrance(s) to must face, and be accessed
from the street by a connecting walkway.
Secondary entrances to the side or rear.

Parking
On-Street: by Street Type, within lot frontage
Front/Side Lot: Attached Garage; maximum of
one bay per side, with 10 FT facade setback.
Rear Lot: Pad, Detached Garage
Footprint: Tuck Under, loaded from front or rear
Off-Lot: Shared

One main entrance per unit.

Access
Rear Lot: Alley, Service Lane, Shared Driveway

A Duplex is similar in size, scale, and appearance to a
Detached House, and is designed to fit within a
traditionally single family neighborhood. Intended to
provide additional housing options within walkable
neighborhoods.
Townhouse

An attached housing type, also referred to as a
TND
rowhouse, in which 3 to 5 relatively narrow dwelling
units, each separated by a common dividing wall along
the property line, form a single row of housing that
fronts on the street, common civic space, or a shared
courtyard. Each townhouse is located on a separate
lot, with a separate entrance, front and rear yard; an
end unit may also incorporate a side yard. The
equivalent of a Townhouse or Rowhouse, as defined
under the Regulations.

This housing type typically shares uniform plans,
fenestration, and architectural elements, but should
also incorporate some variation between individual
units. Intended to provide more concentrated housing
options within walkable neighborhood or mixed use
centers.
Multiplex, Small A single, detached, multiunit residential building that
TND
includes three or four dwelling units on a single lot,
with shared front, side, and rear yards, and shared
parking. Similar in size, scale and appearance to a
larger Detached House, to fit within the context of a
traditional single family residential neighborhood,
typically on a larger corner lot. A type of Multifamily
Dwelling, as defined under the Regulations.

1 DU/Townhouse

Min: 2.0
Max: 2.5

Front (BTZ): 10 to 20 FT
Side: Min: 0 FT (attached), or 10 FT
(end)

3 to 5 Townhouses/ Row

Not applicable. Dooryard
Porch
Stoop

Rear: Min: 10 FT; or 5 FT from a
rear alley or shared parking area

Main entrance to each unit must face the street,
common civic space, or a shared courtyard and
be accessed from the street by a connecting
walkway.
Secondary entrances to the rear.

3 to 4 DU/Building, Lot

Min: 5,000 SF
Max: 10,000 SF

Min: 50 FT
Max: 100 FT

Min: 2.0
Max: 2.5

Front (BTZ): 10 to 20 FT

Not applicable.

Side: Min: 10 [5] FT

Yard
Dooryard
Porch
Stoop

Rear: Min: 10 FT; may be reduced
to 5 FT from rear alley

Access
Rear Lot: Alley, Service Lane, Shared Driveway
Front Lot: Single or Shared Driveway
Side Lot: Shared Driveway

One main entrance per building, except on a
corner lot.
Main building entrance(s) must face and be
accessed from street by a connecting walkway.
Secondary entrances to the side or rear.

Parking
On-Street: by Street Type, within lot frontage
Rear Lot: Pad, Detached Garage
Footprint: Tuck Under, accessed from rear
Off-Lot: Shared, screened surface parking,
connected by a common pedestrian walkway.

Access
Rear Lot: Alley, Service Lane, Shared Driveway.
Front Lot: Shared Driveway
Side Lot: Shared Driveway
Parking
On-Street: by Street Type, within lot frontage
Rear/Side Lot: Screened surface parking,
connected by a common pedestrian walkway.

Upper story dwelling units, and
ground floor dwelling units
without direct access to the
outdoors, must provide access to
a useable outdoor space such as a
rooftop, balcony, courtyard, or
similar space that is private to the
unit or to the occupants of the
building.

Intended to allow for compatible, well-designed
residential or infill development that provides housing
options within a walkable, predominantly single family
or mixed use neighborhood.

Multiplex,
Medium

A detached multistory residential building that includes TND
5 to 12 dwelling units on a single lot, with shared
yards, courtyard, or designated common space areas,
and shared parking. A type of Multifamily Dwelling, as
defined under the regulations.
Nonresidential uses, other than accessory uses or
amenities specifically intended for access and use by
building residents, are prohibited. Intended to provide
compatible residential or infill development within
walkable, moderate density mixed use neighborhoods.

5 to 12 DU/ Building, Lot

Min: 10,000 SF
Max: 25,000 SF

Min: 75 FT
Max: 200 FT

Min: 2.0
Max: 2.5

Front (BTZ): 10 to 20 FT
Side: Min: 10 FT
Rear: Min: 10 FT; may be reduced
to 5 FT from rear alley

Not applicable.

Yard
Forecourt
Porch

Main building entrance(s) must face the street or a Access
shared courtyard and be accessed from the street Rear Lot: Alley, Service Lane, Shared Driveway
by a connecting walkway.
Front Lot: Shared Driveway
Side Lot: Shared Driveway
Secondary entrances to the side or rear.
Parking
On-Street: by Steet Type, within lot frontage
Side/Rear Lot: Screened surface parking,
connected by a pedestrian walkway
Footprint: Ground Floor (Pedestal), Underground;
accessed from side or rear

Upper story dwelling units, and
ground floor dwelling units
without direct access to the
outdoors, must provide access to
a useable outdoor space such as a
rooftop, balcony, courtyard, or
similar space that is private to the
unit or to the occupants of the
building.

HOUSING TYPES

See Illustrations

MIXED USE & NONRESIDENTIAL BUILDING TYPES
Cottage
A small, detached nonresidential or mixed use building TND
Commercial
on a single lot with front, rear, and side yards, which is
similar in scale and appearance to a Detached House.
May accommodate a mix of compatible residential and
nonresidential uses intended primarily to serve the
local neighborhood.

(DU)
Max: 1 DU

Square Feet (SF)
Min: 5,000 SF
Max:15,000 SF

Feet (FT)
Min: 30 FT
Max: 100 FT

Stories
Min: 1.5
Max: 2.0

Feet (FT)
Front (BTZ): 10 to 20 FT
Side: Min:15 FT
Rear: Min: 10 FT, or 5 FT from a
rear alley

% Lot Width
Not applicable.

See Illustrations
Yard
Dooryard
Porch
Stoop
Storefront

See Illustrations
One main entrance per building.
Main entrance must face the street or a common
civic space and be accessed from the street by a
connecting walkway.
Secondary entrance(s) to the side or rear.

Live/Work

Neighborhood
Storefront

Civic Building

An attached, mixed use variant of the Townhouse,
TND
consisting of an upper story dwelling unit, and ground
story nonresidential space that fronts on the street, and
is intended to accommodate a home-based business,
studio, or storefront that is owned, managed and
operated by the building resident.

1 DU/Live Work
Townhouse

A small, detached nonresidential or mixed use
TND
building, such as a corner store, with a footprint of
1,500 to 3,000 SF, which is designed to fit into the
fabric of a walkable, residential neighborhood, and to
accommodate neighborhood commercial uses
accessible to the general public on the ground floor
(street level), and compatible upper story residential or
nonresidential uses. Residential uses are prohibited on
the ground floor.
A detached or attached principal building intended for TND
civic use that varies in size and scale in relation to its
development context – ranging from a small
neighborhood community center to a large public
building designed for public assembly and use. A civic
building is typically centrally located to the
neighborhood or area it serves and is designed to
stand apart from its surroundings. A civic building
may be developed in association with or independently
from a Civic Space.

Not applicable.

Min: 1,200 SF
Max: 3,000 SF

Front (BTZ): 10 to 20 FT

Min: 20 FT
Max: 30 FT

Side: Min: 0 FT (attached), or 15 FT
(end)

3 to 5 Townhouses/ Row

Min: 5,000 SF
Max: 20,000 SF

Min: 50 FT
Max: 100 FT

Min: 1.5
Max: 2.5

Forecourt
Storefront

One main entrance per building.

Main entrance to each unit must face the street,
common civic space, or a shared courtyard and
be accessed from the street by a connecting
walkway. Secondary entrances to the rear.

Main building entrance must face the street and
be accessed from the street by a connecting
walkway.

Rear: Min: 10 FT; or 5 FT from a
rear alley or shared parking area

Min: 5,000 SF
Max: N/A

Min: 50 FT
Max: N/A

Min: 1.5
Max: By PUD
Type

(1) Detached accessory buildings, where allowed, must be located to the rear of the lot behind the principal building, meet minimum side and rear setback
requirements applicable to the principal building, and be clearly subordinate in size and scale to the principal building.

For Cottages in a Cottage Court arrangement, see associated site, courtyard, and lot standards specific to a Cottage Court under T-3 “Cottage Court” (p. ___)

Parking Standards:
(1) All onsite parking areas and structures must meet required side and rear lot setbacks, unless shared with an adjoining property. Single or shared driveways may
be located within side yard setbacks.
An attached garage must be set back 12 FT from the front facade (wall plane), unless otherwise specified by Building Type.

(3) A front facing garage must be positioned a minimum of 5 FT behind the front façade (wall plane); extend no more than 40% of the width of the house; and must
include windows and architectural treatments that blend in with the principal façade and serve to minimize its visual impact as viewed from the street.
(4)
All side or rear lot surface and ground floor (pedestal) parking associated with a multi-family, nonresidential, or mixed use must be screened from the street,
and adjacent civic spaces and residential properties.

Front (BTZ): 10 to 20 FT
Side: Min: 0 FT (attached), or 15 FT
(end)
Rear: Min: 10 FT; or 5 FT from a
rear alley or shared parking area

Not applicable.

Parking
On-Street: by Steet Type, within lot frontage
Side/Rear Lot: Screened surface parking,
connected by a common walkway
Off-Lot: Shared off-site or public parking
Access
Rear Lot: Alley, Service Lane, Shared Driveway
Parking
On-Street: by Steet Type, within lot frontage
Rear Lot: Pad, Detached Garage
Off-Lot: Shared, screened parking located behind
townhouse lots, connected by a common
pedestrian walkway.

Access
Rear Lot: Alley, Service Lane, Shared Driveway
Front Lot: Single or Shared Driveway.
Side Lot: Single Driveway

Parking
On-Street: by Steet Type, within lot frontage
Side/Rear Lot: Screened surface parking
Off-Lot: Shared, off-site or public parking
Access
Rear Lot: Alley, Service Lane, Shared Driveway
Main building entrance(s) must face the street or a Front Lot: Single or Shared Driveway
civic space and be accessed from the street by a Side Lot: Single Driveway
connecting walkway.
Parking
Secondary entrances to the side or rear.
On-Street: by Steet Type, within lot frontage
Side or Rear Lot: Screened surface parking.
Off-Lot: Shared off-site or public parking

Secondary entrances to the side or rear.
Not applicable.

Cottage Court Standards

(2)

Front (BTZ): 10 to 20 FT
Side: Min: 15 FT

Accessory Structures:

(1)

One main entrance per unit.

Rear: Min: 10 FT; or 5 FT from a
rear alley or shared parking area

[Reserved]
Supplemental
Standards

Dooryard
Porch
Stoop
Storefront

See Illustrations
Access
Rear Lot: Alley, Service Lane, Shared Driveway
Front Lot: Single or Shared Driveway
Side Lot: Single Driveway

Minimum of one main entrance per building.

ARTICLE 12

ENVIRONMENTAL PROTECTION STANDARDS

12 ENVIRONMENTAL PROTECTION STANDARDS
12.01 General Protection Standards, Classifications and Review Procedures
12.02 Restricted Infrastructure Encroachment
12.03 Steep Slopes
12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards
12.07 River Corridor Overlay District - RCO
12.08 Floodplain Overlay District (FP)
12.09 Significant Natural Communities and Rare, Threatened, and Endangered Species

12.01 General Protection Standards, Classifications and Review Procedures
A.

Purpose.

It is the purpose of this Article to implement, from a regulatory perspective, the Comprehensive
Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South
Burlington” and objective to “promote conservation of identified important natural areas, open
spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and
structures, and recreational assets” in balance with the overall goals and objectives of the
Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or
minimize undue adverse effects on these natural resources. The natural resources regulated in this
article may also be subject to specific subdivision or planned unit development standards. Where
there is conflict between subdivision or planned unit development standards, and the standards in
this article, the standard that imposes the greater restriction shall apply.
B.

Classification.

For the purposes of these Regulations, resources are grouped into Hazards, Level I and Level II
Resources.

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

Table 12-01 – Classification of Natural Resources
Location in
Regulations

Initial Identification

Field Verification
/ HDA

Hazards
Floodplain (1% and 0.2% B2), Floodway

12.08

FEMA FIRM

If requested

River Corridor except intermittent streams

12.07

ANR Atlas

If requested

Class I, II Wetlands, Buffers

12.06

ANR Atlas

Required

Very Steep Slopes (25+%)

12.03

ANR Atlas

If impacted

Habitat Block Overlay District

12.04

Habitat Connector Overlay District

12.05

Habitat Block and
Connectors Overlay
District Map
Habitat Blocks and
Connectors Overlay
District Map

N/A unless seeking
exchange per
Section 12.04
N/A unless seeking
modification per
12.05

Level I Resources

Level II Resources
Floodplain (0.2% Zone B1)

12.08

FEMA FIRM

If impacted

Class III Wetlands, Buffers

12.06

ANR Atlas

If impacted

Steep Slopes (15 to 25%)

12.03

ANR Atlas

If impacted

River Corridor - Intermittent Streams

12.07

Site Mapping

If impacted

Significant Natural Communities and Rare,
Threatened, or Endangered Species

12.09

ANR Atlas

N/A

C.

Applicability of Standards.

All development must comply with the provisions of this Article, unless otherwise exempted, in
order to prevent undue adverse effects on ecological resources, water quality and working lands,
unless explicitly waived or amended in this section. The following development is exempt from
review under this Section:
(1)

Construction of fences
(a) Under the following circumstances:
(i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the
clearing occurred prior to November 10, 2021 or was approved by the DRB in accordance
with this Article; or
(ii) That are erected for standard agricultural purposes or,
(iii) That are lower than 4 feet measured from the ground to the highest point of the fence
and that have at least 16 inches of clearance between the lowest horizontal part of the
fence and the ground.
(b) In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations.

(2)
D.

Exemptions specified elsewhere in these Regulations.
Development Review

(1) For applications not otherwise subject to Site Plan Review, Subdivision Review, or PUD Review,
all development that may encroach upon a natural resource regulated in Article 12 shall be
subject to the submission requirements for a Site Plan in Appendix E as relevant to

South Burlington Land Development Regulations

ARTICLE 12

ENVIRONMENTAL PROTECTION STANDARDS

documenting the impact on the Article 12 natural resource(s). Such application shall be
reviewed by the Development Review Board as a miscellaneous application.
(2)

Administrative Review. When alteration of Steep Slopes and/or Very Steep Slopes (regulated
under Section 12.03) is the only encroachment on an Article 12 natural resource, the application
shall be subject to administrative Site Plan Review (Section 14.04), unless the application is for
a single-household dwelling, a two-household dwelling, or an accessory structure to a singlehousehold or two-household dwelling. Such applications shall be subject to zoning permit
review by the Administrative Officer.

(3)

City Center FBC District. All applications involving development in the City Center Form Based
Code District that may impact a Class II or Class III wetland, or the required buffer for a Class II
or Class III wetland regulated in Section 12.06 shall be subject to administrative Site Plan Review
unless referred to the Development Review Board for Site Plan Review by the Administrative
officer (Section 14.04)

(4)

Stormwater. All applications that solely include development related to stormwater
management (Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04).

(5)

Stabilization of preexisting conditions. Encroachments into Class II Wetland Buffers located
more than 50’ from the edge of the wetland, Class III Wetland or their buffers, Habitat Blocks,
Habitat Connectors, Steep Slopes, and Very Steep Slopes, for the sole purpose of stabilizing a
previously approved, pre-existing structure, driveway, walkway, or land feature shall be subject
to administrative Site Plan review, unless the application is exempt from site plan review under
Section 14.03. Applications exempted from site plan review shall be subject to zoning permit
review by the Administrative Officer and, except as required by the Administrative Officer, shall
not be subject to the submission requirements for a Site Plan in Appendix E. The applicant shall
demonstrate that the encroachment represents the least possible impact to the specific
resource (e.g., location with least adverse impact, designed to minimize disturbance of the
resource). Nothing in this subsection alleviates the obligation to comply with all applicable
standards of the River Corridor Overlay District and the Floodplain Overlay District.

12.02 Restricted Infrastructure Encroachment
A.

Purpose.

The purpose of this section is to define specific types of “restricted infrastructure” that may be
allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that
shall be met in order for an encroachment to be allowed.
B.

Types of Development.

Restricted Infrastructure Encroachments are limited to the types of development listed in this
subsection:
(1)

Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).

(2)

Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect
parcels and neighborhoods, or provide recreational opportunities within areas containing
Hazards, Level I Resources, or Level II Resources.

(3)

Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II
Resources (e.g., designed to minimize disturbance of the subject natural resources).

(4)

Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level
II Resources (e.g., designed to minimize disturbance of the subject natural resources).

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS
(5)
C.

ARTICLE 12

Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
Qualifying Criteria.

Encroachment into a natural resource may only be allowed if there is a finding that the proposed
Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1)

Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of
hazards, and/or necessary for the protection of the public health, safety and welfare;

(2)

Is for a functionally dependent purpose or use;

(3)

Is a part of an Environmental Restoration Project;

(4)

Is on the Official Map;

(5)

Is for purposes of crossing a natural resource area to gain access to land on the opposite side
of the area; or

(6)

For purposes of providing safe access in accordance with City roadway and connectivity
standards to an approved use.

D.

Development Review Process.

Applications involving Restricted Infrastructure Encroachments shall be subject to the development
review process outlined in Section 12.01(D).
E.

Standards.

All Restricted Infrastructure Encroachments shall meet the following standards:
(1)

The encroachment shall not have an undue adverse effect on the subject natural resource and
shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into
River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section
12.04).

(2)

Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment
projects involving streets and/or driveways not shown on the City Official Map that cross River
Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section
12.04) may be allowed only upon a determination by the Development Review Board that all
resource-specific standards and the following standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer
or no constraints exist, property owners have been contacted to discuss locating the street
or driveway on the adjacent property;
(c) The requirements of the applicable restriction will cause unnecessary or extraordinary
economic hardship;
(d) The area served by the encroachment represents more than thirty (30) percent of the total
developable land on the parcel; and,
(e) The encroachment represents the least possible impact to the specific resource (e.g.,
location with least adverse impact, designed to minimize disturbance of the resource).

South Burlington Land Development Regulations

ARTICLE 12

ENVIRONMENTAL PROTECTION STANDARDS

12.03 Steep Slopes
A.

Purpose.

It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as mapped
and delineated for this purpose, in order to:
(1)

Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on
water quality.

(2)

Prevent hazards to life and property resulting from slope instability or failure, including rock
falls, slides, slumps and other downslope movements of materials or structures.

(3)

Maintain and re‐establish vegetation on steep slopes to stabilize soils.

(4)

Ensure that development on steep slopes is constructed and maintained in conformance with
best management practices for construction, stormwater management and erosion control.

B.

Applicability.

All development is subject to the standards in this section where steep slopes or very steep slopes
are present.
C.
Application Submittal Requirements.
Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of
application) pursuant to Appendix E. An analysis of slope stability prepared by a licensed engineer
shall also be submitted to ensure that no erosion hazards are created that would have an undue
adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities,
and any recommended mitigation measures
D.

Review Process.

Per Section 12.01(D), when alteration of Steep Slopes or Very Steep Slopes is the only encroachment
on an Article 12 natural resource, the application shall be subject to administrative Site Plan Review
(Section 14.09), unless the application is for a single-household dwelling, a two-household dwelling,
or an accessory structure to a single-household or a two-household dwelling, in which case the
application shall be approved subject to zoning permit review by the Administrative Officer. The
DRB or Administrative Officer, as applicable, shall have discretion to waive review under Section
12.03 of any area of Very Steep Slopes or Steep Slopes the DRB or Administrative Officer determine
to be de minimis due to its small size and isolation from other Very Steep Slopes or Steep Slopes.
E.

Standards.

(1)

Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment
is prohibited on very steep slopes.

(2)

Steep Slope Standards.
(a) All development must be designed to avoid undue adverse effects on steep slopes which
may include, but are not limited to, undue clearing of vegetation, excavation, and/or filling.
(b) All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.

F.

Exemptions.

(1)

Removal of Earth Products. Steep slopes and very steep slopes created by an approved removal
of earth products use shall be exempt from the regulations of Section 12.03.

(2)

Environmental Restoration Projects. Environmental Restoration Projects are exempt from the
regulations of Section 12.03.

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS
(3)

ARTICLE 12

Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of
a lake, river, or stream through installation of vegetation and other methods that do not include
the installation of structures (e.g., retaining walls), are exempt from the regulations of Section
12.03.

12.04 Habitat Block Overlay District
A.

Purpose.

With the main goals of identifying habitat resources that meet the needs of a wide variety of wildlife
species and provide opportunities for some species to access several habitat areas, the City engaged
a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks
certain contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest
and unmanaged wetlands. Based on the information in that report, the City has designated certain
areas permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards
to avoid undue adverse effects from development on these resources, promote the natural
succession of vegetated areas of native vegetation in order to support wildlife habitat and
movement, promote carbon sequestration, filter air, and increase infiltration and base flows in the
City’s streams and Lake Champlain.
B.

Applicability.

The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the Habitat Block
and Habitat Connector Overlay Districts Map, except as follows:
(1)

On lots less than one (1) acre in size existing as of November 10, 2021;

(2)

On land located within a 50-foot horizontal distance of a principal building existing on the same
parcel as of the effective date of these regulations;

(3)

On land authorized by the Development Review Board to be removed from or added to a Habitat
Block pursuant to the modification options of this section.

C.

Application Submittal Requirements.

Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of
application) pursuant to Appendix E. Where an applicant elects to perform a Habitat Disturbance
Assessment, the submittal requirements of Section 12.04J shall apply.
D.

Modification of Habitat Block.

An applicant may request approval from the Development Review Board to modify a Habitat Block
in three ways. A development application may not include more than one option for any application.
Land located within the NRP District, Hazards, or Level I Resources, previously approved as open
space or conserved land, subject to a deed restriction prohibiting development, subject to a
conservation or density reduction easement, or owned by the City of South Burlington or the
Winooski Valley Parks District and designated as a park or conservation parcel shall not be eligible
for any of the three options to modify a Habitat Block.
(1)

Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a
Habitat Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon
written request by the applicant as part of the requisite application. Any proposed reduction in
Habitat Block area must be offset with adding an equal amount of land contiguous to the Habitat
Block within the same parcel or Planned Unit Development. In no case shall the Development
Review Board approve a net reduction of the area of a Habitat Block.

South Burlington Land Development Regulations

ARTICLE 12
(2)

ENVIRONMENTAL PROTECTION STANDARDS

Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a
Habitat Block not to exceed two (2) acres or ten (10) percent of the application’s total land area,
whichever is less, for an equal amount of land within the same Planned Unit Development or
Site Plan, without requiring a Habitat and Disturbance Assessment. Core Habitat Block Areas
are not eligible for exchange and no exchange shall eliminate Habitat Connectors. The land to
be protected through the exchange is not required to be contiguous with the Habitat Block. To
approve a small on-site habitat block exchange, the Development Review Board shall require
the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas to
be protected as in proposed areas to be removed from the Habitat Block; and
(b) Prioritize the retention of forest stands in the existing Habitat Block that include trees
measuring nine (9) inches diameter at breast height (dbh) .

(3)

Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat
Block larger than allowed under Subsection (2) for an equal amount of contiguous land within
the same Habitat Block upon written request, and pursuant to the standards of this Section. The
exchange of land within the same Habitat Block may occur within one parcel or on separate
parcels.
(a) Supplemental Submittal Requirements.
(i) Indicate all proposed alterations to the Habitat Block on any required Master Plan,
Subdivision, PUD, Site Plan, and all subsequent plans.
(ii) Submit a Habitat and Disturbance Assessment (HDA) pursuant to Section 12.04(J) and a
written assessment of compliance with the standards contained within this subsection
as part of the preliminary application for Subdivision or Site Plan, whichever is
applicable.
(b) Supplemental Standards of Review. The Development Review Board may approve an
exchange of a portion of a Habitat Block if it finds that all of the criteria below are met:
(i) The HDA demonstrates the alteration will not result in a reduction in the Habitat Block’s
function as a Significant Wildlife Habitat;
(ii) Wildlife movement and connectivity between Habitat Blocks will be retained;
(iii) Development and infrastructure proposed to be located adjacent to the Habitat Block
must be designed to have no undue adverse effects on habitat functions; and
(iv) The land that will be added to the Habitat Block is contiguous to the land that will remain
Habitat Block after the exchange, such that the modified Habitat Block is a continuous,
uninterrupted whole that is not separated by roadways, railways, or other impeding
infrastructure.
(c) Exchanged Land. Land to be added to the Habitat Block must be identified on the recorded
subdivision plat and in associated legal documents.
(i) Any land proposed to be added to Habitat Block must have a restoration plan, prepared
by a landscape architect, professional wildlife biologist, or equivalent, that will result in
the land functioning as a Significant Wildlife Habitat within a period of ten (10) years and
being classified as transitional forest or forest by a land use/land cover assessment at
that time.

E.
(1)

Standards for Habitat Block Protection.
General Standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and
(2) below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in
South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

accordance with Section 12.04(D) above, all lands within a Habitat Block must be left in an
undisturbed, naturally vegetated condition including, but not limited to, the following
prohibitions.
(a) The clearing of trees and understory vegetation is prohibited except as specified in this
section.
(b) The creation of new lawn areas is prohibited.
(c) Snow storage areas are prohibited.
(d) Any building envelopes shall not contain any land located within Habitat Blocks.
(2)

Exempted Uses and Activities.

The following uses and activities are exempt from review under this section:
(a) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet
in width, or their width prior to adoption of these regulations, whichever is greater;
(b) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying
trees posing an imminent threat to buildings or infrastructure; and
(c) Uses and activities enumerated in Section 12.01(C).
(d) Supplemental planting and landscaping with appropriate species of vegetation to achieve
the objectives of this Section is permitted.
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown
on the Habitat Block and Habitat Connector Overlay Districts Map.
F.

Development within Habitat Blocks.

The DRB may allow the following types of development within a Habitat Block pursuant to the
standards contained herein:
(1)

Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following
supplemental standards:
(a) The facility shall be strictly limited to the minimum width, area, and impact necessary to
function for its intended purposes.
(b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum
width, area, and impact necessary for the facility to function for its intended purposes.
Street tree requirements shall not apply in these areas. Street lighting shall be prohibited
in these areas except as necessary to meet State or Federal law.
(c) Appropriate measures shall be taken to promote safe wildlife passage, including the
reduction or elimination of curbs, reduced speed limits, and/or signage altering users, and
underpasses or culverts.

(2)

Outdoor recreation uses, provided any building, structure, parking, and/or driveways
appurtenant to such use are located outside the Habitat Block. Within a public park, structures
not exceeding 500 square feet gross floor area are permitted but must be consistent with any
adopted management plan for the park.

(3)

Research and educational activities, provided any building, structure, parking, and/or driveways
appurtenant to such use are located outside the Habitat Block except Research and educational
structures not exceeding 500 square feet gross floor area.

(4)
For a lot entirely covered in Habitat Block, residential development is allowed in accordance
with the limitations and standards set forth in Article 9.

South Burlington Land Development Regulations

ARTICLE 12
G.

ENVIRONMENTAL PROTECTION STANDARDS

Habitat Block and Habitat Connector Overlay Districts Map.

The approval of a modification or exchange of a Habitat Block (pursuant to Section 12.04D, above)
shall revise the Habitat Block and Habitat Connector Overlay Districts Map as approved without
further action.
H.

Habitat and Disturbance Assessment (HDA).

(1)

Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify
significant wildlife habitat and the existence of rare, threatened and endangered species (RTEs),
within subject properties with Habitat Blocks and Habitat Connectors .

(2)

HDA Content Requirements. When an HDA is required by these regulations, it must be prepared
by a qualified wildlife biologist or ecologist. The HDA prepared for the Development Review
Board shall include the following information:
(a) Site Conditions Map, including all Habitat Blocks and Habitat Connectors on or within 200
feet of the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat,
and an inventory of the specific habitat types found on the parcel and their relative
importance to the various wildlife species that rely on that habitat for one or more life-cycle
function;
(c) An assessment of the relationship of the habitat found on the site to other significant wildlife
habitat (e.g., for connectivity between mapped habitat blocks; contiguous location to other
significant wildlife habitat);
(d) The distance of all proposed development activities, including clearing, driveways and
infrastructure, and other areas of disturbance, from the significant wildlife habitat and the
total area of disturbance and the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated
activities (e.g., introduction of domestic pets, operation of vehicles and equipment, exterior
lighting, introduction of non-native species for landscaping) on the ecological function of
the significant wildlife habitat found on the site. This shall include an assessment of whether
travel between Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or
minimize the proposed development’s impact on the habitat, including but not limited to
buffers from habitat or specific identified species, provisions for substitute habitats with
comparable ecological function to the impacted habitat, and/or physical design elements to
incorporate into the project.

12.05 Habitat Connector Overlay District
A.

Purpose.

It is the purpose of this Section to maintain the functionality of identified Habitat Connectors,
allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other
natural resources within and adjacent to the City.
B.

Applicability.

The requirements of this Section apply to all areas indicated as “Habitat Connectors” on the Habitat
Block and Habitat Connector Overlay Districts Map, except as follows:

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

(1)

Lots of less than one (1) acre existing as of the effective date of these Regulations.

(2)

Land located within 50 feet horizontal distance of a principal building existing on the same
parcel as of the effective date of these regulations.

C.

Standards for Protection of Habitat Connectors.

(1)

In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat
Connector Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an
undisturbed, naturally vegetated condition.

(2)

Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat
Connector may be used to count towards the required 150-foot width of the Habitat Connector.

(3)

Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.

(4)

Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat
Connector from its mapped location on the Habitat Block and Habitat Connector Overlay
Districts Map but must connect to Habitat Connectors or Habitat Blocks on adjacent parcels.
Any relocated portion shall be accompanied by a restoration plan, prepared by a qualified
consultant (e.g., landscape architect, professional wildlife biologist or equivalent). The
restoration plan must include a robust planting plan of native tree and shrub species, specific
actions to minimize disturbance to any existing vegetation supporting a habitat function, and a
maintenance plan to ensure its growth. The restoration plan must design the relocated Habitat
Connector to support the movement of mammal species such as fisher, bobcat, river otter, mink
and coyote within a period of ten (10) years.

(5)

Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on
parcels where development is proposed and pre-existing conditions consist of Habitat
Connectors that are less than 150 feet in width along the entire length of the Habitat Connector.
Restoration must include a robust planting plan of native tree and shrub species and specific
actions to minimize disturbance to any existing vegetation supporting a habitat function within
areas of the Habitat Connector less than 150 feet wide. The applicant may request, in writing,
to waive this requirement. The DRB may grant a waiver only if restoration of the Habitat
Connector is not possible due the placement of pre-existing structures on the subject parcel.

12.06 Wetland Protection Standards
A.

Purpose.

It is the purpose of this Section to protect the City’s wetland resources in order to protect wetland
functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and
their respective buffers via the standards of this section. The City also intends to provide protection
that offers limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their
respective buffers, and for Class II wetlands and their respective buffers in specific identified areas
of the City.
B.

Applicability.

All development in the City of South Burlington shall comply with the requirements of this section.
The requirements of this Section will apply to all lands described as follows, collectively referred to
as Wetlands Areas and Related Buffers:
(1)

Class I Wetlands and Related Buffers.

South Burlington Land Development Regulations

ARTICLE 12

ENVIRONMENTAL PROTECTION STANDARDS

(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other
(Municipal only) zoning districts, (established and defined in Section 3.01), a Class I
wetlands buffer area is measured one hundred (100) feet in horizontal distance from the
boundary of the Class I wetland.
(b) In all Residential and Other (except Municipal) zoning districts, as established and defined
in Section 3.01, a Class I wetlands buffer area is measured two hundred (200) feet in
horizontal distance from the boundary Class I wetland.
(2)

Class II Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other
(Municipal only) zoning districts (established and defined in Section 3.01), a Class II
wetlands buffer area is measured fifty (50) feet in horizontal distance from the boundary of
the Class II wetland.
(b) In all Residential and Other (except Municipal) zoning districts, as established and defined
in Section 3.01, a Class II wetlands buffer area is measured one hundred (100) feet in
horizontal distance from the boundary of the Class II wetland, except as under (dc) below.
(c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a
single-family or two-family dwelling, the Class II wetlands buffer area is measured fifty (50)
feet in horizontal distance from the boundary of the Class II wetland.

(3)

C.

Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related
buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland,
are subject to the provisions of this section. Class III wetlands less than 5,000 square feet in size
are not regulated by the City.
Application Submittal Requirements.

Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of
application) pursuant to Appendix E.
(1)

Per Section 17.08, the DRB may require independent technical review of any field delineation
and wetlands report.

(2)

The applicant’s application may include a wetlands delineation approved by the Vermont
Agency of Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this
delineation in their review of the application instead of requiring an additional or separate
delineation.

D.

Standards for Wetlands Protection.

(1)

Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class
II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands,
and their associated buffers, shall be left in an undisturbed, naturally vegetated condition.
However, an applicant may seek approval for a Restricted Infrastructure Encroachment under
this section or to modify this standard per the regulations in Section 12.06(F).

(2)

Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold),
and associated buffer within all zoning districts, is generally prohibited and shall be left in an
undisturbed, naturally vegetated condition. The following activities are permissible, however:
(a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this
section or to modify this standard where allowable per the regulations in Section 12.06(F).
(i) Approved stormwater management systems that do not meet the definition of a
Restricted Infrastructure Encroachment may incorporate a Class III wetland and its
related buffer.
South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

(b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands meeting
the 5,000 s.f. threshold) that are incidental to an approved development project are allowed.
They are not required to meet the standards in this Section but must be shown on the
applicant’s plans. Temporarily impacted Class III wetland buffers shall be returned to their
pre-impact state prior to completion of the project.
(c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f.
threshold) or its buffer for the purpose of installing underground utilities are not required
to meet the standards in this Section but must be shown on the applicant’s plans.
Temporarily impacted Class III wetland and their related buffers shall be returned to their
pre-impact state prior to completion of the project.
(3)

Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside
perimeter of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
landscaping along the border of wetland buffer or other clear, existing demarcation. The design
and installation of any such landscaping or fencing must accommodate wildlife passage.

(4)

Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a
wetlands buffer that were legally in existence as of the effective date of these regulations
shall be considered non-conforming development. Non-conforming development within a
wetlands buffer may not be expanded.

(5)

Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be
allowed within Class I, Class II, or Class III wetlands, and their associated buffers, without a
waiver or modification provided that the applicant demonstrates the project’s compliance with
Section 12.02 and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider
than 24 feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such
as reduction or elimination of curbing and installation of cross culverts, to enable wildlife
passage.

E.

Exemptions.

The following activities are not required to meet the standards in this section and do not require a
local permit:
(1)

Maintenance of Pre-Existing Gardens, Landscaped Areas/Lawns, Structures and Impervious
Surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures and
impervious surfaces located within a wetlands buffer, and that were legally in existence as of
the effective date of these regulations, does not require a permit.

(2)

Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g. nonmotorized or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as
identified by the Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and
Class III wetlands, and their associated buffers, is exempt from these regulations.

(3)

Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate
puncheons and boardwalks, not to exceed ten (10) feet in width located within the buffer area
of a Class I, Class II or Class III wetland. All trails located within this buffer area should be
constructed to meet the best practices outlined in the Recreational Trail Building Guidance
document developed by the Vermont Agency of Natural Resources.

South Burlington Land Development Regulations

ARTICLE 12
F.
(1)

ENVIRONMENTAL PROTECTION STANDARDS

Modifications.
Types of Development. An applicant may request a modification, in writing, from the rules of
this section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form-Based Code
Zoning Districts.
(b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure,
structures, and impervious surfaces within a Class II wetland buffer in any zoning district if;
(i) The resulting total area of lands within the wetland buffer that will be in a naturally
vegetated condition is increased;
(ii) The applicant submits an evidence-based professional opinion by a wetland scientist
that the re-development will have a net positive effect on the health and functioning of
the wetland; and
(iii) The project results in no increase in total impervious surface within the Class II wetland
buffer.
(c) Installation of low-impact development stormwater practices consistent with wetland
functions and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.

(2) Modification Review Process. Modification requests shall be reviewed as follows:
(a) In the City Center Form Based Code District, the Administrative Officer shall have the
authority to review and approve all modification applications as part of an administrative
Site Plan application.
(b) In all other zoning districts, the Development Review Board shall have the authority to
review and approve all modification requests.
(3)

Modification Standards. The Development Review Board or the Administrative Officer, as
applicable, may grant a modification from the rules of this Section only if a modification
application meets all the following standards:
(a) The modification shall be the minimum required to accommodate the proposed
development;
(b) The proposed development will not have an undue adverse effect on the planned character
of the area, as defined by the purpose statement of the zoning district within which the
project is located, or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the
property to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland
functions and values identified in the field delineation.

12.07 River Corridor Overlay District - RCO
A.

Purpose.

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

It is the purpose of the River Corridor Overlay District to:
(1)

Establish protection of the river corridor to provide rivers and streams with the lateral space
necessary to maintain or reestablish floodplain access and minimize erosion hazards through
natural, physical processes;

(2)

Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;

(3)

Discourage encroachments in undeveloped river corridors;

(4)

Protect and improve the quality of surface waters and streams within the City of South
Burlington;

(5)

Provide sufficient space for wildlife habitat along rivers and streams; and,

(6)

Provide allowances for infill and redevelopment of designated centers that are within river
corridors.

B.

Authority.

In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for
areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River
Corridor Overlay District designated in Section 3.01(B).
C.

Comprehensive Plan.

These regulations hereby implement the relevant portions of the City of South Burlington's adopted
Comprehensive Plan and are in accord with the policies set forth therein.
D.

Warning of Disclaimer of Liability.

This bylaw does not imply that land outside of the areas covered by this overlay district will be free
from erosion damages. This regulation shall not create liability on the part of the City of South
Burlington, or any municipal official or employee thereof, for any erosion damages that result from
reliance on this regulation, or any administrative decision lawfully made hereunder.
E.

Precedence of Bylaw.

The provisions of this River Corridor Overlay District shall not in any way impair or remove the
necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F.

District General Provisions.

(1)

Establishment of RCO District. The RCO is an overlay district. All other requirements of the
underlying district, or another overlay district such as the Flood Hazard Overlay District, shall
apply in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict
with another such district, the stricter provision shall apply.

(2)

RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including
the Statewide River Corridors and refinements to that data based on field-based
assessments which are hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, along the reaches of the
main stem of Potash Brook where a mapped River Corridor has not been developed by the
Vermont Agency of Natural Resources.

South Burlington Land Development Regulations

ARTICLE 12

ENVIRONMENTAL PROTECTION STANDARDS

(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial
rivers and streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial
geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3)

RCO District – Classification. River Corridors shall be classified in the following manner per
Section 12.01:
(a) River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level
II Resources.
(b) All Other River Corridors. River Corridors on all other streams are Hazards.

(4)

Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of
the river corridor boundary. In support of a letter of determination request, applicants must
provide ANR a description of the physical characteristics that bring the river corridor
delineation into question (e.g. the presence of bedrock or other features that may confine
lateral river channel adjustment. When ANR receives a request for a letter of determination,
ANR evaluates the site and existing data to see if a change to the river corridor delineation
is justified, necessitating a river corridor map update. An ANR letter of determination will
either confirm the existing river corridor delineation or will result in an update to the river
corridor delineation for the area in question. If a map update is justified, an updated map
will be provided with the letter of determination.

G.
(1)

Prohibited, Exempted, and Permitted Development in River Corridors.
Prohibited Development in the RCO District. The following types of development are prohibited
in the RCO District:
(a) All development, including new structures, structure additions, fill, accessory dwelling
units, and any other development that is not expressly listed as at least one of the Exempted
Activities or Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.

(2)

Exempted Activities. The following activities do not require a permit under this section of the
bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a
change to the footprint of the structure or a change in use.

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs
parallel to the river is not exempt and shall meet the Development Standards in Section
12.07(I) below), dams, dry hydrants, and other functionally dependent uses that must be
placed in or over rivers and streams that are not located in a flood hazard area and that
have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41
and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s
“Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule,
Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for
Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of
farm structures, the farmer shall notify the AO in writing of the proposed activity. The
notice shall contain a sketch of the proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width.
(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public
infrastructure within the River Corridor in existence as of the effective date of these
regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of
Agriculture, Food & Markets, within the River Corridor is an exempt from these regulations.
(3)

Permitted Development. The following development activities in the RCO District are
permissible upon approval, provided they meet all other requirements of the LDRs and the
standards of this section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and
necessary for the protection of the public health, safety and welfare.

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ENVIRONMENTAL PROTECTION STANDARDS

(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section
12.02 and the standards of this section.
(c) Replacement of on-site septic systems.
H.

Development Review Classification & Referral to Outside Agencies

(1)

All land development proposed in the River Corridor is subject to review standards outlined in
Section 12.01(D).

(2)

Referrals to Outside Agencies.
(a) Upon receipt of a complete application for development in the River Corridor, the
Administrative Officer shall submit a copy of the application and supporting information to
the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of
Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only
following receipt of comments from the Agency, or the expiration of 30 days from the date
the application was mailed to the Agency, whichever is sooner. The AO and DRB shall
consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies
of the application shall also be provided to the following entities: affected adjacent
communities, the River Management Engineer at the Vermont Agency of Natural
Resources, the Army Corps of Engineers, and the State National Flood Insurance Program
(NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of
Environmental Conservation. A permit may be issued only following receipt of comments
from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date
the application was mailed to the Vermont Agency of Natural Resources, whichever is
sooner.

I.

Development Standards.

The criteria below are the minimum standards for development in the RCO District.
(1)

New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.

(2)

Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is
generally prohibited. This standard also does not apply to forestry operations or silvicultural
(forestry) activities exempt from local zoning regulation or the removal of trees that are dead,
diseased, heavily damaged by ice storms or other natural events, or identified as an invasive
species. The placing or storing of cut or cleared trees and other vegetation is also prohibited.
(a) Pre-Existing Non-Conforming Lawn Areas. The following section pertains the applications
for new development on lots with pre-existing non-conforming lawn areas located within
the River Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on
lots with existing single or two-household dwelling uses, and pre-existing nonconforming lawn areas in the River Corridor, shall not be required to brought into
conformance with the natural vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or
two-household dwelling), and that also includes pre-existing non-conforming lawn areas
in the River Corridor, shall only be approved if the applicant removes at least 50% of the
pre-existing non-conforming lawn area within the River Corridor and completes site
remediation. Site remediation shall include re-seeding the subject area with a naturalized

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ARTICLE 12

mix of grasses rather than standard lawn grass and returning the area to a natural state
(no mowing).
(3)

Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be
allowed in the River Corridor provided the proposed land development conforms with the
following standards:
(a) The facility shall comply with the standards in Section 12.02;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet
from the edge of channel of the surface water of all other streams. This standard shall not
apply to the intake of municipal or community water system, or the outfall of a municipal
wastewater treatment or stormwater treatment projects, all of which are functionally
dependent upon access to surface waters. This standard shall also not apply to road
crossings, driveway crossings, public sidewalks and recreation paths (including bridges and
boardwalks) intended to connect parcels and neighborhoods, or provide recreational
opportunities, approved under Section 12.02;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure;
and,
(d) The facility shall comply with Section 12.07(I)(5).

(4)

Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
landscaping along the border of the River Corridor. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.

(5)

All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed
development will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
(i) Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see
Figure 12-1); or,
(ii) Down River Shadow. Development shall be located in the shadow area directly behind
and further from the channel than the existing structure, or within 50 feet of the
downstream side of the existing habitable structure and no closer to the top of bank or
slope, as applicable. Below-ground utilities may also be placed within the same shadow
dimensions of an existing below-ground system (see Figure 12-2); or,

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ENVIRONMENTAL PROTECTION STANDARDS
Figure 12-1: Infill Development

Figure 12-2: Down River Shadow

(iii) River Corridor Performance Standard. The proposed development shall:
(c) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(d) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(e) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering
channel adjustments and erosion in adjacent and downstream locations.
(f) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis

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ARTICLE 12

from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal
meets the River Corridor Performance Standard.
J.

Submission Requirements.

In addition to all information required for permitted development, the application shall include:
(1)

Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top
of bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any
proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor
as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps;

(2)

Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection
12.07(I) Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in
subsection 12.07(I) Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure,
finding the proposed development is not located within the river corridor.

(3)

K.

Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with
Section 12.07 of this bylaw.
Permit Conditions

(1)

Permits for public water accesses and unimproved paths that provide access to the water for
the general public and promote the public trust uses of the water shall include a condition
prohibiting the permittee from actively managing the applicable section of river solely to protect
the public water access from lateral river channel adjustment.

(2)

The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife
passage for any Restricted Infrastructure Encroachment projects approved within the River
Corridor.

12.08 Floodplain Overlay District (FP)
A.

Purpose.

It is the purpose of the Floodplain Overlay District to:
(1)

Avoid and minimize the loss of life and property, the disruption of commerce, the impairment
of the tax base, and the extraordinary public expenditures and demands on public services that
result from flooding;

(2)

Ensure that the selection, design, creation, and use of development is reasonably safe and
accomplished in a manner that is consistent with public wellbeing, does not impair flood plain
services or the stream corridor;

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ARTICLE 12
(3)

B.

ENVIRONMENTAL PROTECTION STANDARDS

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.
Authority.

In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414, there
is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington
identified as within the Floodplain Overlay District designated in Section 3.01(B).
C.

[Reserved]

D.

Administration.

(1)

Floodplain Review. All development in the City of South Burlington located within the
Floodplain Overlay District shall be subject to Floodplain Review. The Floodplain Overlay
District overlays other existing zoning districts. All other requirements of the underlying district
shall apply in addition to the provisions herein, unless otherwise indicated. The Floodplain
Overlay District is composed of two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or
A1-30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and as depicted on the Natural
Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2%
B1 is composed of areas of the 500-year floodplain that are already substantially developed
and where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.

(2)

Interpretation. The information presented on any maps, or contained in any studies, adopted
by reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain
Overlay District boundary, the following procedure shall be followed:
(a) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
A, AE, and A1-30 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative
Officer, a Letter of Map Amendment from FEMA shall constitute proof that the property is
not located within the Special Flood Hazard Area.
(b) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative
Officer, the applicant may appeal the determination in accordance with Article 17.

(3)

Base Flood Elevations and Floodway Limits.
(a) Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the
Winooski River), the base flood elevations and floodway limits (or data from which a
community can designate regulatory floodway limits) provided by the National Flood

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ARTICLE 12

Insurance Program in the Flood Insurance Study and accompanying maps shall be used to
administer and enforce the provisions of these regulations.
(b) In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance
Study and accompanying maps, it shall be the responsibility of the applicant to develop the
base flood elevation at the site using data available from state or federal agencies or other
sources.
(4)

Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas
covered by this overlay district will be free from flood damages. These regulations shall not
create liability on the part of the City of South Burlington, or any municipal official or employee
thereof, for any flood damages that result from reliance on these regulations, or any
administrative decision lawfully made hereunder.

(5)

Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way
impair or remove the necessity of compliance with any other local, state, or federal laws or
regulations. Where these regulations imposes a greater restriction the provisions here shall
take precedence.

(6)

Exempted Development. The following types of development are exempt from Floodplain
Review. The following types of development may also still be subject to other standards in the
South Burlington Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be
aware that for damaged structures where FEMA mitigation funds may be used, the
damaged structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and
tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental
Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for

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ENVIRONMENTAL PROTECTION STANDARDS

Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
(iv) Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do
not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E.
(1)

Floodplain Review Application Requirements.
Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any
proposed fill, pre- and post-development grades, and the elevation of the proposed lowest
floor as referenced to the same vertical datum as the elevation on the current Flood
Insurance Rate Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to
the permit before work can begin.

(2)

Supplemental Application Requirements. Some applications may require additional
information based on the location and type of the development. The following information shall
be developed and provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the
floodplain of the Winooski River:
(i) New, substantially improved, or substantially damaged structures;
(ii) Projects requiring elevation or dry-floodproofing above BFE;
(iii) Additions to existing historic structures; and
(iv) Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
(b) Floodway Data. The following information is required for development proposed to be
located in the floodway. All floodway data shall be certified by a registered professional
engineer. All submitted proposals shall include electronic input/output files mapping
showing cross-section locations and the following information:
(i) Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
(ii) In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by FEMA,
but no floodway areas have been designated, the applicant shall provide a floodway
delineation that demonstrates that the proposed development, when combined with all

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ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

existing and anticipated future development, will not increase the water surface
elevation of the base flood by more than one foot at any point within the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the
floodplain on Lake Champlain, the applicant shall submit:
(i) Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement.
(ii) A landscaping plan.
(3)

F.

Waivers. Upon written request from the applicant, the Development Review Board may waive
specific application requirements when the data or information is not needed to comply with
these regulations.
Floodplain Review - Development Review Process.

All applications for development in the Floodplain Overlay District shall be reviewed according to
the following procedures:
(1)

Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a
substantial improvement or new construction the Administrative Officer shall forward a
copy of the application and supporting information to the State National Flood Insurance
Program Coordinator at the Vermont Agency of Natural Resources, in accordance with 24
V.S.A. 4424. A permit may be issued only following receipt of comments from the Agency,
or the expiration of 30 days from the date the application was mailed to the Agency,
whichever is sooner. The Administrative Officer, and/or Development Review Board shall
consider all comments from ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or
relocation of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State
National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural
Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the
expiration of 30 days from the date the application was mailed to the Vermont Agency of
Natural Resources, whichever is sooner.

(2)

Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
(i) Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
(ii) Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).

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ENVIRONMENTAL PROTECTION STANDARDS

(iii) Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
(iv) Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
(v) River and floodplain restoration projects, including dam removal, that restore natural and
beneficial floodplain functions and include written confirmation from the ANR Regional
Floodplain Manager that the project is designed to meet or exceed the applicable
standards in these regulations.
(vi) Improvements or repairs of damage to structures that do not expand the existing
footprint and do not meet the definition of “substantial improvement” or “substantial
damage.”
(vii) Accessory structures less than 500 square feet in size in the Floodplain Overlay District
Zones 0.2% B1.
(viii)

Building utilities.

(ix) Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3)

Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be
issued for development meeting the standards in Section 12.08(G) and the following the review
process outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued
until the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure
which requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration
of 30 days following the submission of the application to the State, whichever is sooner.

G.

Floodplain Review Standards.

Development in the Floodplain Overlay District shall be reviewed to ensure that it complies with the
following standards:
(1)

Prohibited Development. In addition to any uses not specifically listed in this section, the
following types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
(b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STANDARDS

ARTICLE 12

(c) New critical facilities;
(d) Excavation of earth products shall be prohibited in such cases where it is anticipated that
such excavation will lower the level of the water table, interfere with natural flow patterns,
or reduce flood storage capacity;
(e) Storage or junk yards;
(f) New fill except as necessary to elevate structures above the base flood elevation.
(g) Within the floodway: new encroachments, except for minor improvements to existing
structures or relating to bridges, culverts, roads, stabilization projects, public utilities, river
and/or floodplain restoration projects, or health and safety measures. Minor improvements
are those that would not affect base flood elevations, consistent with the provisions of
FEMA P-480; Desk Reference for Local Officials.
(2)

Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a) New encroachments are prohibited within the floodway, except for the following, which
also shall comply with subsection (b) below:
(i) New encroachments relating to bridges, culverts, roads, stabilization projects, public
utilities, functionally dependent uses, and river or floodplain restoration projects; and
(ii) New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis
is required to be provided for review. The analysis should be performed in accordance with
standard engineering practice, by a registered professional engineer, and shall certify that
the proposed development will:
(i) Not result in any increase in flood levels during the occurrence of the base flood;
(ii) Not increase base flood velocities; and
(iii) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and
post-development elevations demonstrating that there will be no change in grade, and that
the development will be adequately protected from scour.
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis
is required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR)
in lieu of a hydraulic analysis, to demonstrate that the proposed activity will not have an
adverse impact.

(3)

Development in the Floodplain Overlay District. All development in the Floodplain Overlay
District shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with
the specific standards of this subsection.
(b) All development shall be designed (I) to minimize flood damage to the proposed
development and to public facilities and utilities, and (II) to provide adequate drainage to
reduce exposure to flood hazards.

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ENVIRONMENTAL PROTECTION STANDARDS

(c) All development shall be (I) designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure during the occurrence of the base
flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by
methods and practices that minimize flood damage, and (IV) be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters. On site waste disposal systems
shall be located to avoid impairment to them or contamination from them during flooding.
(e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is
above the base flood elevation.
(g) Structures.
(i) Residential Structures
(I) Residential structures to be substantially improved in Floodplain Overlay District
Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least
two (2) feet above base flood elevation; this must be documented, in the proposed
and as-built condition, with a FEMA Elevation Certificate.
(II) Residential structures to be substantially improved in Floodplain Overlay District
0.2% Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2%
B1, shall be located such that the lowest floor is at least two (2) feet above the
average grade level on-site; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate. Average grade level means the
average of the natural or exiting topography at center of all exterior walls of a
building or structure to be placed on site.
(ii) Non-Residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall
meet the following standards:
(I) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
(II) Have the lowest floor, including basement, together with attendant utility and
sanitary facilities be designed so that two (2) feet above the base flood elevation
(for structures in Zones A, A1-30, AE, and AH), or two (2) feet above the average
grade level on-site (for structures in Zones 0.2% B1 and B2), the structure is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A permit for flood proofing shall not
be issued until a licensed professional engineer or architect has reviewed the
structural design, specifications and plans, and has certified that the design and
proposed methods of construction are in accordance with accepted standards of
practice for meeting the provisions of this subsection. An occupancy permit for the
structure shall not be issued until an "as-built" plan has been submitted and a
licensed professional engineer or architect has certified that the structure has been

South Burlington Land Development Regulations

ENVIRONMENTAL PROTECTION STAND