CITY OF BURLINGTON in the year two thousand twenty-two AN ORDER RELATING TO THE COMPLETE DEVELOPMENT ORDINANCE – Authorization of ZA adjustments #22-02 | General notices | Seven days

ORDER 5.09 Sponsor:

Planning Office, Planning Commission, Ordinances Committee

Dates of public hearings: 22/02/22

First reading: 20/12/21

Referred to: Ordinances Committee

Rules suspended and placed at all passing stages: _

Second Reading: 02/22/22

Measure: adopted

Date: 02/22/22

Signed by the Mayor: 03/10/22

Posted: 03/16/22

Effective: 04/06/22

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

That Schedule A, Comprehensive Development Ordinance, of the City of Burlington’s Code of Ordinances be and is hereby amended by amending Sections 3.1.2, Zoning Permit Required, and 4.5.4, Natural Resource Protection Overlay (NR) District, to read as follows:

Second. 3.1.2 Zoning permit required

With the exception of this development which is exempt from a permit requirement under s. 3.1.2(c) below, no development may be commenced in the City without a zoning permit issued by the Administrative Officer, including but not limited to the following types of exterior and interior works:

(a) Exterior Works: As written.

(b) Interior works: as written.

(c) Exemptions:

The following are exempt from the requirements of this ordinance and are not required to obtain a zoning permit:

1. Exterior alterations to a single family home in a portion without a legally existing RL zoning district design review prior to the adoption of this ordinance on a compliant batch, and not listed or eligible for listing on the State or National Register of Historic Places. Such an exemption does not apply to any of the following changes, which require a zoning permit:

A. Increase in batch coverage;

B. Increase in habitable living space;

C. Changes in setbacks or building footprints; and

D. Construction of additional floors to an existing structure.

E. Improvements in an area at special risk of flooding.

2. – 17. As written.

18. A change of use from one permitted non-residential use to another permitted non-residential use, provided that no development is included, no minimum parking requirement applies and impact fees are not not applicable. This exemption does not apply to uses covered by Section 5, Part 4: Special Uses Regulations.

(D) As written.

***

Second. 4.5.4 Natural Resource Protection (NR) Overlay District

(a) – (e) As written.

(f) District Specific Regulations: Special Flood Risk Area:

1. Additional Terms of Application

The following information must be submitted in addition to the applicable requirements of Section 3 for any proposed development in a special flood hazard area:

A. Baseline flood elevation data for all proposed subdivisions and other proposed new developments containing more than fifty (50) lots or covering more than five (5) acres;

B. The elevation above mean sea level of the lowest floor, including the basement, of any new construction or substantial structural improvement;

C. Confirmation whether such structures contain a basement; and

D. The elevation, above mean sea level, at which any structure was protected from flooding.

E. A Vermont Natural Resources Agency project review sheet for the proposal must be completed. The project review sheet must identify all state and federal agencies whose permit approval is required for the proposal, and must be filed as a required attachment to the city’s permit application. Identified permits or letters indicating that such permits are not required must be submitted to the Administrative Officer and attached to the permit application prior to the commencement of work.

Besides, the DRB will require the applicant may be required to provide any of the following information deemed necessary to determine the suitability of the particular site for the proposed use:

F. Plans in triplicate, drawn to scale, showing the location, dimensions, contours and elevation of the lot; the size and location on the site of existing and/or proposed structures, embankment or material storage; the location and elevations of streets, water supply and sanitary facilities; and the relationship of the above to the location of the channel, diversion channel and base flood elevation where such information is available;

G. A typical cross-section of the valley showing the stream channel, the elevation of adjacent lands on either side of the channel and the cross-sectional areas to be occupied by the proposed development;

H. A profile showing the slope of the bottom of the channel or stream flow line; and

I. Specifications for construction and building materials, flood protection, mining, dredging, filling, grading, paving, excavation or drilling, channel improvement, storage materials, water supply and sanitation.

2. Permitted Uses in Diversion Areas

The following open land uses are permitted in the floodway areas to the extent that they are permitted or conditionally permitted in the underlying zoning district, and provided that they do not require the erection of structures or storage of materials and equipment, borrowing of fill from outside the floodway area, or alteration or relocation of the channel, and does not obstruct flood flows, cause no increase in flood levels during the occurrence of base flood flow, decrease the water-carrying capacity of the floodway or canal, or increase potential for off-site flood damage:

A. Agricultural uses, such as general agriculture, pasture, orchard and grazing, outdoor plant nurseries, market gardening and forestry;

B. Recreational uses, such as parks, camps, picnic areas, tennis courts, golf courses, golf driving ranges, archery and shooting ranges, hiking and horseback riding trails, hunting and fishing areas, game farms, fish farms, wildlife sanctuaries, nature reserves, swimming areas and boat launching sites; and or

C. Accessory residential uses, such as lawns, gardens and parking lots.

3. Permitted Uses in Special Flood Hazard Areas (Including Diversion Areas)

A. All permitted open space uses, as listed in Section 4.5.4.(f).2 above, are permitted in Special Flood Hazard Zones.

B. All other permitted uses within the underlying zoning district are permitted only after review and approval by the DRB as per subpart 7 below.

4. Permitted Accessory Uses in Special Flood Hazard Areas (including Diversion Areas)

Uses usually incidental and ancillary to any of the permitted uses listed in the underlying zoning district may be permitted, subject to the limitations set forth therein.

5. Mandatory DEC notification and 30 day review period As written.

6. Evaluation

By reviewing review of The appthe DRB considers must include evaluation ofby Department of Environmental Conservation. and determine that Approval is based on the finding that the proposed use will conform to the Development Standards in Subpart 7 below.

7. Special Review Criteria

When examining each request, the DRB will ensure that the the flood carrying capacity in any portion of an altered or relocated stream must be East maintained. Review and will consider:

A – K. As written.

Approval conditions

8. After consideration of the factors in Subpart 7 above and the objectives of this Rule, the DRB must attach the following conditions will be attached at any permit he chooses to to agreeed.

In diversion areas, these conditions require that:

A – B. As written.

In all areas at special risk of flooding (including diversion areas), these conditions require that:

C. – H. As written.

9. – 11. As written.

***

* Strikethrough material removed.

** Underlined material added.

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