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City Of Burlington In The Year Two Thousand Twenty-One, An Ordinance In Relation To: Comprehensive Development Ordinance - Updates And Corrections To Article 14 Za #21-09


ORDINANCE 6.07

Sponsor: Office of City Planning, Planning Commission, Ordinance Committee
Public Hearing Dates: 10/25/21
First reading: 08/09/21
Referred to: Ordinance Committee

Rules suspended and placed in all stages of passage:

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington be and hereby is amended by amending Article 14, PlanBTV Downtown Code, thereof to read as follows:

Section 14.1: Purpose and Applicability

14.1.1-14.1.2 As written.

14.1.3 -Applicability

This planBTV Downtown Code shall be applicable to all lands outside of the public rights-of-way or a Thoroughfare within the Downtown and Waterfront District as mapped or described on the Burlington Regulating Plan (Section 14.2), as such may be changed from time to time, pursuant to Section 14.2 - Regulating Plan. Any and all subdivision of land, development, and construction or modification of all Improvements, land, Buildings, and Structures in the Downtown and Waterfront District shall occur only in accordance with this Article 14 planBTV Downtown Code as in effect on the date of acceptance of the completed application for approval of the applicable Project Plan submitted pursuant to Section 14.7 Administration and Procedures.

Improvement, development, construction or modification within an existing or proposed public right-of-way or a Thoroughfare shall be made in accordance with Great Streets BTV: Downtown Street Standards, and require approval by the Dept. of Public Works.

To the extent applicable, and not otherwise in conflict with this Article 14-planBTV Downtown Code, the following sections of the Burlington Comprehensive Development Ordinance (CDO) shall also continue to apply:

a) Article 1 - General Provisions

b) Article 2 - Administrative Mechanisms;

c) Article 3 - Applications, Permits and Project Reviews, Parts, 1, 2, 3, 5 and 6;

d) Article 4 - Zoning Maps and Districts, Parts 1, 2, 3, and Part 5 Sec. 4.5.4;

e) Article 5 - Citywide General Regulations, Parts 1 and, 2;, Part 3, Secs 5.3.1-5.3.4 and Secs 5.3.1-5.3.8;, Part

4, Sec. 5.4.7 and, Sec. 5.4.8;, and, Part 5;

f) Article 7 - Signs

g) Article 8 - Parking

h) Article 9 - Inclusionary and Replacement Housing;

i) Article 10 - Subdivision Review;

j) Article 12 - Variances and Appeals; and,

k) Article 13 - Definitions.

In each case, the standards and requirements applicable to the Downtown and Waterfront District Regulating Plan and this Article 14 shall take precedence without limitation over any duplicative or conflicting provisions of the other Articles of the Burlington Comprehensive Development Ordinance (BCDO).

If there is any conflict between the provisions of this Article 14 and any provisions of any other existing City codes, ordinances, regulations or standards (the "Existing Local Codes"), the provisions of this Article 14 shall take precedence over such conflicting provisions except for City and state Building, Fire, Health and Safety Codes.

The graphics, illustrations, photographs, tables, and metrics are an integral part of the planBTV Downtown Code; however:

a) – d) As written.

fe) The graphical depictions of the Form Districts on the various Tables are provided for ease of reference only and are not binding. The Form District designations and standards applicable to each Form District are binding.

Where in conflict, metrics represented in text and/or tables shall take precedence over metrics represented graphically, and a more specific standard shall take precedence over a more general standard.

Section 14.2: Regulating Plan

14.2.1-14.2.6 Text as written.

Maps 1 and 2 As written.

Map 3 - Shopfronts Required **See attached map identified as Downtown Form District Shopfront Required—ZA- 21-09 as proposed, Burlington Comprehensive Development Ordinance, Article 14-Map 3 with ZA-21-09 expanded Shopfront as proposed; changes noted with black circles between Cherry Street and Bank Street.

Section 14.3: Specific to Form Districts

14.3.1-14.3.3 As written.

14.3.4 FD6 Downtown Core

14.3.4-A—14.3.4-B As written.

14.3.4-C- Lot Occupation & Building Placement

***

Rear Setback:

- Principal Buildings

- Outbuildings

0-ft min. or 15-ft from a rear public Alley centerline

0-ft min. or 15-ft from a rear public Alley centerline

***

14.3.4-D As written.

14.3.4-E- Parking, Loading & Service

On-Site Parking As written.

Location on the Lot

All parking provided within a Principal Building Type (other than a Perimeter Building) shall be located Underground, at or above the second Story, and/or at-grade within the first Story where located in the Third Lot layer and separated from the street by an Active Street-level Use.

Parking Lots are not permitted, and Parking Areas shall be located in the Third Lot Layer.

Unless located within a Principal Building below the finished grade or above the second Story, aAll Parking Structures, and Garages, and Parking Areas shall be located in the Third Lot Layer behind a Principal Building TypePerimeter Building (see Sec. 14.4.11 and Sec. 14.6.3).

Parking Lots are not permitted.

Miscellaneous As written.

14.3.4-F- Encroachments - into Required Setbacks

Encroachment Type Front Rear

Frontage Type Elements1 Permitted Permitted

Awnings and Canopies2 Permitted Not permitted

Signs3 Permitted Not Permitted

Balcony and Decks 4-ft max. encroachment

Other Architectural Features4 4 ft. max

4-ft max. encroachment

Landscaping Permitted Permitted

Fences or freestanding walls Not Permitted Permitted

Driveways, Walkways Permitted Permitted

Utility Structures Not permitted Permitted

14.3.4-G- Encroachments - Public right-of-way

Building eaves, roof overhangs, solar shades, and light shelves; bay windows, oriels, and vestibules that are less than ten feet wide; and, cornices, belt courses, window sills, buttresses, or other similar architectural features may encroach into the ROW provided they are a minimum of 10-ft above the Sidewalk.

14.3.4-G- Use Type As written.

14.3.5 FD5 Downtown Center

14.3.5-A-14.3.5-B As written.

14.3.5-C- Lot Occupation & Building Placement

Frontage Buildout & Building Setback

***

Rear Setback

Principal Buildings: - 03-ft min. or 15-ft from rear public Alley centerline

- 10-ft min. along a Form District boundary shared with a residential district.

Outbuildings -03-ft min. or 15-ft from rear public Alley centerline

***

14.3.5-D-Building Height & Bulk As written.

Table 14.3.5-E- Parking, Loading & Service

On-Site Parking As written.

Location on the Lot

All parking provided within a Principal Building (other than a Perimeter Building Type) shall be located: Underground, at or above the second Story, and/or at-grade within the first Story where located in the Third Lot layer and separated from the street by an Active Street-level Use.

Parking Lots are not permitted, and Parking Areas shall be located in the Third Lot Layer.

Unless located within a Principal Building below the finished grade or above the second Story,All Parking Structures, Garages and Garages Parking Areas shall be located in the Third Lot Layer behind a Principal Perimeter Building (see Sec. 14.6.3 and Sec. 14.4.11)Type.

Parking Lots are not permitted

Miscellaneous As written.

14.3.5-F- Encroachments into- Required Setbacks

Encroachment Type Front Rear

Frontage Type Elements1 Permitted Permitted

Awnings and Canopies2 Permitted Not permitted

Signs3 Permitted Not permitted

Balcony and Decks 4-ft max. encroachment

Other Architectural Features4 4-ft max. 4-ft max. encroachment

Landscaping Permitted Permitted

Fences or freestanding walls Not permitted 6-ft max. height

Driveways, Walkways Permitted Permitted

Utility Structures Not permitted Permitted

14.3.5-G- Encroachments - Public right-of-way

Building eaves, roof overhangs, solar shades, and light shelves; bay windows, oriels, and vestibules that are less than ten feet wide; and, cornices, belt courses, window sills, buttresses, or other similar architectural features may encroach into the ROW provided they are a minimum of 10-ft above the Sidewalk.

14.3.5-H- Use Types As written.

14.3.6-Civic Spaces (c)

14.3.6 – 14.3.6-H As written.

Sec. 14.3.6-I Water-Dependent

Intent

An Open Space associated with water-dependent recreation and related facilities.

Specifications

Form District FD5

Size No size limits

Frontage Independent

Character Informal

Coverage 80% max.

Buildings and Structures 1 1,500 sqft max in aggregate

Setback for Buildings and Structures

50-feet from the mean high water mark of Lake Champlain (100-feet above mean sea level) unless encroachment is required for the operation of a water- dependent use or facility.

Features such as walkways, planters, benches, fountains, public art, sitting walls and other improvements to enhance the pedestrian environment and enjoyment of the waterfront may encroach into this required setback provided public access to the water's edge and pedestrian circulation is not unreasonably impaired.

Not inclusive of any associated Civic Buildings.

Typical Facilities

• Water-oriented facilities and services such as docks, marinas, boat ramps and lifts, boat fueling and pump-out, restrooms, marina office and chandlery, and facilities for commercial vessels.

• Civic, recreational, and community facilities

• Playgrounds and play Structures

• Passive recreation, paths, and trails

• Buildings and Structures necessary to support water-oriented facilities and services

• Commerical concessions

Parking

On-site parking is not required, and may not occupy more than 60% of the gross site area.

Section 14.4: Specific to Building Types

14.4.1 – 14.4.12 As written.

14.4.13 - Urban Design Standards

As written

a) Voids and Transparency: Requirements regarding the proportion and spacing of voids, and the transparency of glazing on a Building Facade for the purposes of activating the public street, shall be as required in Table 14.4.13-A Street Activation - Primary and Secondary Facade below.

14.4.13-A- Street Activation – Primary and Secondary Facade

Building Types: Rowhouse and Multi-Family: small

Ground Floor 15% min, Upper Floors 10% min

Building Types: Mixed-Use, Multi-Family: Large, Perimeter and Civic

Ground Floor 40% min

Upper Floors 20% min

Facade Voids: ((Rough openings of all windows and doors, and the transparent portion of a curtain wall per floor)

Distance between voids measured both horizontally and vertically: 35-ft max. 20-ft max.

Transparency and Reflectance of Glazing: applicable to 80% of the glazing per floor. VLT - na VLR - 15% max2 VLT - na VLR - 15% max2 60% VLT min2 VLR - 15% max2 VLT - na VLR - 15%

(VLT - Visible Light Transmittance, VLR - Visible Light Reflectance)max2

1-2 As written.

b) Windows & Doors:

i.-ii. As written.

iii. Principal Entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, canopies, awnings, transoms, sidelights, or other design elements appropriate to the architectural style and details of the Building as a whole. Bays including a Principal Entrance should be expressed vertically, and may continue onto the upper stories. Such bays are not required to include additional horizontal expression or upper story step-backs as required in c) below.

iv. Where provided:

A-D As written.

E. Shading devices designed and intended to control light entering the Building may project no more than 5- feet from the Facade, shall be consistent in materials, color, and design across the same Facade, and shall be placed, sized, shaped, and proportioned to match the associated openings.

c) Façade Articulation and Upperstory Stepbacks:

i.-ii. As written.

iii. Building Facades shall be horizontally articulated as follows:

A. – B. As written.

C. The top story (other than a penthouse setback at least 10-feet from the primary plane of the Façade below) must have a cornice, parapet, pitched or shaped roof form and/or other equivalent architectural feature involving a projection from the average plane of the Facade of the story below by at least 12-inches to serve as an expression of the Buildings top.

iv. The upper stories of any Building exceeding 6 stories in height shall step-back as follows:

A. An upper story step-back of at least 10-feet from the primary plane of the Façade below shall occur above either the 2nd 3rd, 4th, or 5th story, with the resulting Building base seeking to maintaining a consistent height of at least 50-feet along Main and Battery streets, and at least 33-feet on all other downtown streets, in order to frame and define the public realm.

B. – E. As written.

d) Building Materials: As written.

i. Primary Materials: Not less than 80 percent of each street-facing Facade (not inclusive of voids) shall be constructed of one or more primary materials comprised of tested and proven, high quality, durable, and natural products, and those with low embodied carbon. For Facades over 100 square feet, more than one Primary Material shall be used. Changes between Primary Materials must occur only at inside corners. The following are considered acceptable Primary Materials:

A. Brick and tile masonry;

B. Native or sintered stone;

C-E As written.

ii. Accent Materials: The following Accent Materials may make up no more than 20% of the surface area on each Façade. Accent Materials are limited to:

A. Pre-cast and cast-in-place board-formed, finished and/or textured, and patterned masonry (for trim and cornice elements only);

B-F As written.

iii. As written.

iv. Fences: Fence materials shall not include barbed or razor wire. Chain link and wire fencing shall not be used along any Frontage Line, however, woven cable fencing is permitted.

iv. Roof Materials (not applicable to flat roofs). Acceptable roof materials include 300 pound or better, dimensional asphalt composite shingles, wood shingles and shakes, metal tiles or standing seam, slate, and ceramic tile. To the extent possible, all roof materials and colors should be selected to maximize the roof's Solar Reflectance Index (SRI).

vi. Alternate Materials: Alternate Primary and Accent materials, including high quality synthetic materials, may be approved by the Planning DirectorAdministrative Officer after seeking input from the Design Advisory Board. New materials must be considered equivalent or better than the materials listed above and must demonstrate successful, high quality local installations in a similar climate. Regionally-available materials, and those with low embodied carbon are will be strongly preferred.

vii. Other: As written.

e) Walls:

i. Unfinished (ie. not clad or constructed in a Primary or Secondary Material per d) above) foundation walls on a Principal Building shall be exposed no more than 48-inches above the finished grade. Surface-applied waterproofing on any foundation wall shall not be visible.

ii-vi As written.

f). Roofs: As written.

g) Balconies and Decks: Where provided, all Balconies and Decks shall meet the following specifications:

i. Balconies must be at least 4-feet deep ( A ) and 5-feet wide, and shall not project more than 8-feet from the plane of the Façade or Elevation to which it is attached.

ii. Balconies shall be cantilevered or visibly supported by brackets or beams sized, shaped and proportioned to match the associated bBalcony. Columns or posts extending to the ground within the public right-of-way are prohibited on a Facade, except in the case of a Gallery Frontage Type.

iii. Balconies shall provide 8-feet minimum clear height above the finished grade, or 13-feet 6-inches minimum clear height above the finished grade above any area used for vehicular parking or circulation, or emergency vehicle access.

iiiv. The bBalcony platform shall be at least 3-inches thick, and where the underside of a balcony is visible from a public way it shall be finished. Balconies may or may not incorporate a roof, Canopy or Awning, but shall not be enclosed.

Decks shall be permitted only in the Third Lot Layer or on rooftops.

iiiv. Decks may include a Canopy, Awning or free-standing pergola, but shall not be enclosed.

h) Awnings and cCanopies: Awnings and cCanopies are encouraged as a traditional street-level store-front fitting to accent and provide shade and/or shelter over a primary entrance, display windows, or outdoor seating. Awnings and Canopies may also be found above upper story windows and Balconies, and over secondary entrances. Where provided, such all Awnings and Canopies placed on a Facade shall meet the following specifications:

i. Awnings and cCanopies shall provide 8-feet minimum clear height above the finished grade (A), and shall project a minimum of 6-feet from the Façade ( B ) to a maximum of 2-feet from the curb ( C ). 13-feet 6-inches minimum clear height above the finished grade shall be provided above any area used for vehicular parking or circulation, or emergency vehicle access ( A ).

ii. First floor Awnings and Canopies shall project a minimum of 3-feet from the Façade (B) or Elevation to which it is attached to a maximum of 2-feet from the curb (C). Awnings and Canopies on upper story windows may project no more than 5-feet from the Facade. Awnings that cannot project a minimum of 3-feet due to the small size of the opening, shall project a minimum of 50% of the height of the opening (e.g. a window that is 4-ft tall shall project at least 2-ft).

iii. Awnings and Ccanopies shall be placed, sized, shaped, and proportioned to match the associated openings or width of the associated Frontage, and .shall be consistent in materials, color, and design across the same Façade, Frontage Type, or architectural bay.

iv. Awnings and Ccanopies that span across an entire Façade Frontage shall be fixed no higher than the top of the first story.

v. All awnings and canopies used within an individual Frontage Type shall be consistent in materials, color, and design.

v. Awnings and cCanopies shall not be internally illuminated or backlit, however they may contain lighting fixtures intended to illuminate the ground beneath when covering a Building entrance.

vi. Awnings and Canopies may incorporate signage pursuant to the requirements of Article 7.

vivii. Awnings shall have an internal or external structural framework of steel/aluminum or other appropriate, durable structural material supporting a thin, non-translucent covering material with a matte finish such as painted metal, acrylic, canvas, or synthetic fabric. The Aawnings design should shall not include a soffit, and c- or side-panels. Retractable awnings are encouraged. olumns or posts extending to the ground are prohibited within the public right-of-way. Retractable Awnings are encouraged.

viii. Awnings shall beare typically rectangular in elevation and triangular in cross-section, with shall have straight edges with no arcs or curves, and may be pitched to shed water off to the side when placed over a Building entrance. The valance of the an Aawning shall be no more than 12-inches in height ( D ).

ix. Canopies are typically rectangular in both elevation and in cross-section, shall have straight edges with no arcs or curves, and may be pitched enough to shed water off to the side when placed over a Building entrance. The faces of the Canopy shall be no more than 24-in in height ( D ).

viiix. Canopies shall be constructed of steel/aluminum or other appropriate, durable structural material, and. The canopy may be clad in metal panel, wood, or other durable finished material.

xi. The cCanopy design shall may include a flat roof be or be left open to from above without a roof using louvers or slats instead to provide shade, and the exterior faces of the canopy should be no more than 24-in in height (D).

vxii. Canopies projecting into the public right-of-way shall be cantilevered or supported from above, and. Ccolumns or posts extending to the ground are prohibited. Canopies placed outside of the public right-of-way may be partially or fully free-standing.

i) Other:

i. As written.

ii. Permanent vertical access features (stairs, ramps, etc.) handicapped access ramps located in the First Lot Layer must be integrated into the design of the chosen Frontage Type. Otherwise they must be located in the Second or Third Lot Layer.

iii.-iv. As written.

*** photo caption: An example of a handicapped vertical access ramp integrated into a Building Frontage.

Section 14.5: Specific to Private Frontage Types

14.5.1-14.5.17 As written.

14.5.4-A – 14.5.7-D As written.

14.5.8-A – 14.5.8-B As written.

14.5.8-C - Standards

Courtyard Width - 12-ft min

-lessor of 1/3 the total Building width or 35-ft max

Courtyard Depth 12-ft min.- 35-ft max

Canopy/Awning Projection 10-ft from Façade max

Clear Path of Travel to a Principal Entrance 3-ft min.

14.5.8-D - Miscellaneous

A maximum of one Courtyard is permitted per Principal Building.

A Courtyard shall remain open to the sky, and may not contain Driveways, parking, loading or service areas, or mechanical equipment or vents. A Courtyard may include a free-standing Canopy, Awning, umbrellas or pergola, but they shall not be enclosed.

The Courtyard shall be activated as a space for gathering, circulation, outdoor shopping, and/or restaurant seating.

The proportions and orientation of these spacesa Courtyard should be carefully considered for solar orientation and user comfort.

A Courtyard is considered as part of the Building for the purpose of measuring the Frontage Buildout. All faces of the recessed Courtyard shall be considered to be part of the Façade.

14.5.9-A – 14.5.15-C As written.

14.5.15-D - Miscellaneous

A Forecourt occupies the First Lot Layer, and may extend the depth of a maximum required front yard setback to an amount equal to the maximum depth permitted in Sec. 14.5.15-C.

A Forecourt shall remain open to the sky, and may not contain Driveways, parking, loading or service areas, or mechanical equipment or vents.

A Forecourt may include a free-standing Canopy, Awning, umbrellas or pergola, but they shall not be enclosed.

Hardscape coverage requirement may be achieved through a combination of pervious and impervious surface materials.

14.5.16-A – 14.5.17-D As written.

Section 14.6: Applicable in All Form Districts

14.6.1 –14.6.3 As written.

14.6.4- Building Height

a) - c) As written.

d) Basements and Crawl Spaces

i. Exposed basement walls visible along any Frontage shall not exceed 89 (nineeight) feet in height measured from the exterior finished grade to the finished floor of the Story above.

ii. – iii. As written.

e) Grading or Regrading of Sites. Sites with uneven topography present unique issues in relation to Building height. Buildings on steep slopes shall reflect the pre-construction topography of the site. When a site's topography is modified, the site shall be graded in such a way to avoid the following features:

i. Retaining walls or unfinished blank walls taller than 4 feet in height along required Principal or Secondary Frontage;

ii. – iii. As written.

f) As written.

14.6.5 –14.6.6 As written.

14.6.7- Parking and Circulation

a) - d) As written.

e) Parking Structures and Garages

i. With the exception of individual Garages serving a Rowhouse Building Type which shall be located in the Third Lot Layer, all Pparking Structures and Garages shall be located:

within a Principal Building Type and located Underground, at or above the second Story, and/or in the ground floor when located in the Third Lot layer and separated from the street by an Active Street-level Use; or, - behind a Perimeter Building (See Section 14.4.11), or enclosed below the finished grade or above the second story within a Principal Building that provides active uses (such as, but not limited to, residential lobby, retail, office, recreational, or services) at the street level along the width of the Frontage a minimum of 20-feet deep.

ii-vi As written.

f) As written.

g) Parking Spaces, Lot Design and Layout

i - ii As written.

iii. Stacked and Tandem Parking. As written.

h) – j) As written.

14.6.8- Site and Landscape Standards

a) Purpose and Applicability As written.

b) Site Standards:

i.-iv. As written.

v. Fences and Free-standing Walls:

A. Fences and Free-standing Walls placed within the First Lot Layer shall not exceed 4-feet in height. Fences and Free- standing Walls placed within the Second or Third Lot Layer shall not exceed 8-feet in height unless a different height limit is specified under the applicable Form District or Frontage Type.

B. Materials used for Fences and Free-standing Walls shall be limited to Brick and tile masonry; Native or sintered stone; Wood – panels, clapboard or shingles; Cementitious siding, metal, and woven or braided cable wire. Chain- link and welded-wire fencing shall not be used along any Frontage Line with the exception of the temporary enclosure of a construction site, or where required by the Building Official to protect public safety. Barbed or razor wire shall not be used in any application. Alternate materials may be approved by the Administrative Officer after seeking input from the Design Advisory Board. Alternate materials must be considered equivalent or better than the materials listed above, and must demonstrate successful, high quality local installations. Regionally-available materials are preferred.

C. All fences and free-standing walls shall be installed so that the a finished side faces outward towards the adjacent property or public wayFrontage.

c)-d) As written.

14.6.9 -14.6.10 As written.

Sec. 14.7: Administration and Procedures

14.7.1 - Applying for a Zoning Permit: Submission Requirements and Review

a) As written.

b) Application Submission. Each application shall be submitted to the Department of Planning and ZoningPermitting and Inspections along in a form to be provided by the Department. Upon its determination that an application is complete, the Department shall process each application in accordance with this Section.

c) As written.

d) Modification of Submission Requirements. The Administrative Officer Director may allow the modification of the application and submission requirements listed above, including reducing and/or combining existing and proposed information on the same site plan, provided that any modification enables adequate review of the application. The Administrative Officer Director may also require the submission of additional information when deemed necessary to make a decision on the request. Such additional information may include but is not limited to the following:

i-vi. As written.

e) As written.

f) Review and Approval of Civic Spaces and Civic Buildings. The creation of new Civic Spaces or Civic Buildings, or the Substantial Modification of an existing Civic Space or Civic Building, shall follow the process as defined below. Any other proposed alteration to an existing Civic Space or Civic Building shall be reviewed and approved by the Director Administrative Officer who shall ensure ongoing compliance with the intent and standards of this Chapter as applicable.

Because of their important civic nature and public use, the design and form of a new or Substantial Modified Civic Space or Civic Building shall be determined after:

pre-application review and consultation with the departments of City Planning and Zoning, Permitting and Inspections, Community and Economic Development, and Parks, Recreation, Waterfront;

- a pre-application Neighborhood Public Meeting pursuant to Sec. 3.2.1 (d) of the BCDO;

- review and recommendation of the Design Advisory Board; and,

- final review and approval by the Development Review Board.

In its discretion to approve a new Civic Space or Civic Building, the Development Review Board, after a Public Hearing, shall consider and reach an affirmative finding on each of the following:

i.– iii. As written.

14.7.2 - Non-Conformities

In addition to that as specified in Article 5, Part 3 Non-Conformities of the Burlington Comprehensive Development Ordinance, any Building, Structure, Frontage, Development, Site, Improvement, or other appurtenance thereto non-conformity which lawfully existed at the time of adoption of the applicable provisions of this or any Article or any amendment thereto may be continued subject to the following provisions:

a) Nothing in these regulations are intended to prevent normal repair and maintenance necessary to keep a Building, Structure, Site, Improvement or other appurtenance thereto in a safe and sound condition;

b) a) Any Building, Structure, Frontage, Development, Site, sign, Improvement, or other appurtenance thereto which legally existed on the effective date of this Article that does not conform to the requirements of this Article may continue until a Substantial Modification is requested or Abandonment occurs;.

c) Any nonconforming structure may be enlarged, maintained, repaired or altered; provided, however, that no enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part.

d) At such time when a Substantial Modification is requested or Abandonment occurs, only the affected portion(s) of the Building, Structure, Frontage, Development, Site, sign, Improvement, or other appurtenance thereto shall be required to comply with all applicable provisions of this Article, and to the greatest extent practicable in the determination of the Administrative Officer or unless relief is provided by the DRB pursuant to Sec. 14.7.3 below;

e) Any modification other than a Substantial Modification an existing Building, Structure, Frontage, Development, Site, sign, Improvement, or other appurtenance thereto shall be permitted By Right only if such changes result in greater conformance with the specifications of this Article; and,

dfBuildings listed or eligible for listing on the State or National Register of Historic Places shall not be required to make any modifications under a) and b) abovethis section that would threaten their historic integrity.

14.7.3 - Variation from the Form: Administrative Relief, DRB Alternative Compliance, and Variances

The planBTV Downtown Code is intended to result in By-Right approval where development occurs strictly in conformance with the requirements of the applicable Form District. In some instances, however, it may be necessary to vary the prescribed form in order to accommodate unique site and/ or building circumstances in order to promote context-sensitive development. In such instances, an applicant may seek Administrative or Development Review Board approval for relief from the requirements as set forth below. Any and all relief from the prescribed standards shall run with the land and be binding on the Property Owner and its/their successor and assigns. Applications requesting relief shall be made in writing and in the form as determined by the Department.

a) Administrative Relief. The Administrative Officer shall have the authority to authorize modification of up to 10% from any numerical standard set forth in this Article inclusive of any specific relief set forth in Table 14.7.3-A Administrative Relief below sets forth relief from the prescribed standards that may be granted by the Director. No other relief from the prescribed standards shall be permitted except as approved by the Development Review Board in b) below.

i. Any request for Administrative Relief shall extend the requirements of 24 VSA 4448(d) regarding Administrative decisions for an additional 30 days in order to provide for opportunities for public notice and comment pursuant to Departmental procedures.

ii. Decisions by the Administrative Officer Director regarding any Relief granted shall be made in writing and upon affirmative findings that:

A. The relief granted is the minimum necessary to achieve the desired result;

B. Granting the relief will yield a result equal to or better than in strict compliance with the standard:

C. TtheThe property will otherwise be developed consistent the purpose of this ordinance, the intent of the Form District,

the intent and purpose of the section that the relief is being sought, and all other applicable standards; and,

D. Any additional findings as may be required by Table 14.7.3-A Administrative Relief as follows:

b)-c) As written.

Sec. 14.8: Glossary

This Section provides definitions for certain terms found in this Article 14. Additional definitions are to be found in Article 13 of the BCDO.

The following terms, as used in this Article 14, shall have the following meanings:

Active Street-level Use: a use or activity within a space that is regularly frequented and actively utilized by workers, residents, guests, and/or patrons of the Principal Use; invites direct access from the public sidewalk or Civic space; and, provides visual interest and engagement to pedestrians on the adjacent sidewalk. Active street level uses generally include, but are not limited to retail, restaurants, bars, entertainment, hospitality, professional and personal services, libraries, institutional, educational and cultural facilities, office, residential, and entrance lobbies. Active Street-level Uses do not include those intended for parking, storage, mechanicals, utilities, and other substantially similar secondary or accessory uses and spaces.

Awning: A fixed or retractable wall mounted frame covered with fabric or other pliable material that provides decoration and shade and weather protection over a patio, window, storefront, or Building entrance.

Balcony: A wall-mounted projecting platform with a railing accessible from an upper story doorway that provides outdoor amenity space above the first floor.

Canopy: A fixed wall mounted or stand-alone rigid structure that provides decoration and shade and weather protection over a patio, window, storefront, or building entrance.

Deck: A roofless, raised platform on the ground or on top of a roof that is accessible from a secondary entrance that provides outdoor amenity space.

Department: The Department of Permitting and Inspections.

Thoroughfare: a public or private way for use by public vehicular, pedestrian, and bicycle traffic that provides Access to Lots and Open Spaces, and incorporates vehicular lanes and Public Frontages.

Streetscreen: a freestanding hedge, fence or wall of between 3.5 and 8 feet in height built (a) along the Frontage Line or (b) on the same plane as the Façade of the Building to Screen a Parking Lot, Parking Area or Loading Area, provide privacy to a side yard or rear yard, and/ or strengthen the spatial definition of the public realm. A Streetscreens may have include an openings no larger than necessary 4-feet to allow automobile andenable pedestrian Access, and may be no longer than 20-ft or 20% of the Frontage whichever is less.

** Material stricken out deleted.

*** Material underlined added.

COURTESY
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