BTV Neighborhood Code Adopted + Proposed Changes

Following the adoption of Neighborhood Code Part 1 on March 25, 2024, the Burlington Planning Commission began follow up discussions to explore technical details and related standards necessary for implementing neighborhood-scale infill development across Burlington during its meeting on May 14th. The subsequent amendment, which is referred to as Neighborhood Code Part 2-A, modifies the residential zoning district standards to facilitate additional housing types and addresses a range of topics outlined below. This amendment was warned for a public hearing by Planning Commission on July 23rd and will take place during the Planning Commission's meeting on August 27th.

The goal of the BTV Neighborhood Code is to create a new framework for the city’s residential zoning districts that enables a range of housing types, including single-family, ADUs, duplex through four-unit developments, and townhouses and small multi-unit buildings. These amendments enable greater flexibility for existing homes as well as a range of housing options within neighborhoods, create new zoning standards along transportation corridors identified in planBTV, and comply with Act 47 of 2023 of the VT Legislature. During its discussion of the proposed Neighborhood Code amendments in fall and winter 2023, the Neighborhood Code Joint Committee bifurcated the Code to facilitate discussion of the Code’s core concepts while reserving later discussion for a second package of amendments. Keep reading to learn more about the topics covered in Parts 1 + 2.

Neighborhood Code: Part 1 (Adopted By City Council on 5/25/24)

Following a nine-month engagement period, Part 1 of the Neighborhood Code (ZA-24-02) was reviewed by a Joint Committee made up of City Council Ordinance Committee members and the Planning Commission. Eight meetings were held between October 4 and December 19 to review the proposed Neighborhood Code and make modifications to several recommendations originally presented by staff. Over the course of these meetings, the Joint Committee’s work has focused on the major recommendations related to the Neighborhood Code purpose, and a number of standards to ensure these recommendations can be implemented. Part 1 includes substantive changes to Article 4 and Appendix A of the city’s zoning code. Together, these changes evolve the residential zoning district standards, allowable uses, and district boundaries.

These standards contribute to overall neighborhood development patterns—how buildings relate to each other and the street. They can also have a major influence on how large a lot is needed to create a home, and how much of that lot can be used for buildings. There are proposed changes to existing residential district standards (in RL, RM and RH) as well as a proposed new residential zone (the RC), including:

Lot Size: RL districts are the only zoning districts in the city that require a minimum lot size as a prerequisite for development. Larger minimum lot sizes can limit opportunities for creation of new, individual lots for new homes, or prevent “fee simple” ownership of land under a duplex or townhouse unit. The Committee recommended removing minimum lot size requirements for RL zones
Lot Coverage: In some areas, lot coverage limits could preclude even modest additions or expansions to existing buildings, let alone to create new homes – particularly in neighborhoods where zoning has become more restrictive since its structures were originally built. The Committee recommends modestly increasing the lot coverage limits for RL and RM zones, and allowing a high lot coverage limit in the new RC zone.
Setbacks: Setbacks, particularly rear, can limit the use of deeper lots to accommodate more homes within areas that are already developed and/or for creating new individual lots for new homes. The Committee recommends standardizing the rear setback to 15ft in RM, RH, and RC zone and 20ft in the RL zone. While the code retains average front setback rules, the Committee recommended setting an upper limit of no more than 25ft front setback. In the proposed RC zone, the front setback would require at least a 5ft setback but allow no more than a 20ft setback.

Regulating the massing of buildings overall and enabling a maximum number of units in buildings will allow “density” to vary lot-by-lot. At the same time, the overall intensity of development, in terms of building scale, will become more predictable. The Committee has discussed how many units should be allowed within buildings meeting proposed size limits and the number of allowable stories for buildings.

Units per building: The Committee agreed to allow for multiple free-standing buildings on lots, which is currently prohibited in residential zones. In this proposal, RL and RM districts allow a maximum of 2 buildings on each lot, and each building may have a maximum of 4 units. There is no limit on the number of units in buildings in RH or RC.
Building Height: The proposal allows a maximum of 3 stories in the RL and RM zones, similar to today’s zoning, and 4 stories for the RH and RC zones.

The Committee discussed and modified the proposed changes to existing residential zoning district boundaries and the new Residential Corridor district. These changes will ultimately allow up to 4 or 6 units per building citywide, with differences between RL and RM districts focused more on the allowable lot cover and number of units per building. Walkable core areas in RH and the new Corridor zones will allow more flexibility in terms of housing type choice. Proposed changes to the residential boundaries include:

Streamline existing zoning districts by combining Waterfront Low Density with the RL zone and Waterfront Medium Density with RM zone.
Rezone some areas to more closely align with what is on the ground, particularly related to lot coverage, in order to overcome remaining barriers to facilitating more housing types. This primarily includes changing some RL zoned areas to RM (see map for proposed changes).
Create the Residential Corridor zone, which would allow greater flexibility for housing types and intensity along major streets identified in planBTV. These thoroughfares include portions of North Avenue, St. Paul Street, and Colchester Avenue where RL zoning applies today.
Eliminate the RL-Larger Lot Overlay zone and the RH Density Bonus Overlay zone, which applied to certain neighborhoods or small areas of the RL and RH zones.

While not originally part of the Neighborhood Code scope, the Committee heard many comments supporting more flexibility for neighborhood-serving business uses in residential areas. Today, the zoning allows uses like cafes and small retail in all residential districts, when the businesses are located in a historic building or one that was previously used for a commercial purpose. There are some allowances for home-based businesses as well. A range of commercial uses are proposed to be allowed in the new RC district, such as cafes, bars, laundromats, small groceries, small retail, etc. Unlike businesses in the RL, RM, and RH zones, these commercial uses can be located within a new building as well as an historic one.

Neighborhood Code: Part 2

A number of related standards need to be addressed throughout the CDO. Many of these were originally included in Joint Committee discussions, and some have emerged from additional public discussion at the hearings for Part 1 as well as from inquiries following the adoption of the code. The purpose of Part 2 of the Neighborhood Code is to explore technical details and related standards necessary for implementing neighborhood-scale infill development across Burlington. Unlike Part 1, recommendations will come from the Planning Commission as four or more separate amendments, detailed below. Using the general direction from past discussions of the Joint Committee, the Planning Commission, either as a body or through its Ordinance Committee, can review or make recommendations for these related standards within each proposed amendment. The Planning Commission will begin discussions related to Part 2-A during its meeting on May 14th.

Per the request of the City Council on March 25th, this amendment will cover considerations related to the allowance of secondary structures in the Residential Districts, including but not limited to the following topics:

Height of secondary structures relative to primary structures
The context of secondary buildings in historic districts or on a lot with a listed structure
The relationship between secondary buildings allowed in the residential standards and citywide provisions for Accessory Dwelling Units (ADUs)
Considerations for allowing existing non-conforming and non-residential buildings that are encroaching in setbacks to be converted and/or vertically expanded through additional height

This amendment will also modify Planned Unit Development standards, including consideration of a threshold for lot/project size in the Residential districts as revised under ZA-24-02, as well as development intensity, permitted uses, and other topics as identified. Lastly, this initial amendment will provide clarifications and corrections relevant to the process and implementation of Neighborhood Code Part 1, including:

Additional miscellaneous definitions to clarify and support consistent implementation of new standards, including what is counted with the maximum “building footprint”
Consolidation of the applicability of Design Review and the Design Review Overlay zone into one section that provides clearer expectations of what is subject to review
Possible situations where exceptions to maximum building footprint standards may be considered
Technical Corrections, including clarifying the Residential Corridor Zone purpose statement to require frontage on a major thoroughfare; updating zoning for Starr Farm Park; internal reference correction

As discussed in Neighborhood Code Part 1, there is a demand to provide housing typologies such as Cottage Courts and townhouses, as well as unique subdivision types that could create land use efficiencies and facilitate infill housing development. This amendment package will focus on the following topics:

Flag Lot and fee-simple small lot standards, including site and lot dimensions, frontage, and access
Other standards that allow subdivision to facilitate fee-simple ownership of lots under duplex, townhouse, and cottage court housing types
Cottage Court standards, including site and lot dimensions, frontage, access, development intensity, open space, and other topics as identified
Townhouse and fee-simple duplex standards, including site, lot and building dimensions, frontage, access, development intensity and other topics as identified

The Neighborhood Code initiative focuses on housing standards. However, consistent with planBTV’s call for appropriate and contextual neighborhood evolution and following requests to expand allowable uses within residential districts, this amendment will explore the following topics related to non-residential uses and the transitions between residential districts and mixed-use development.

The potential expansion of what factors warrant Residential Corridor zone designation and the identification of other applicable locations for this district
Consideration of the transition of heights/intensities of development and mixed-use allowances of existing mixed-use districts adjacent to the new Residential Corridor district (i.e. neighborhood mixed-use and neighborhood activity center districts)
Re-visit use table allowances for residential districts across the city

As noted below under “Other Relevant Topics + Related Planning Projects,” the upcoming planBTV: New North End will be an opportunity to explore expanded mixed-use and commercial development within New North End neighborhoods. Zoning amendments specific to the New North End should be informed by that planning process, which will commence in fall 2024, with anticipated completion in 2026.

This amendment will explore parking standards, including potential additional flexibility to allow stacked parking (3+ cars in a row) for residential developments and/or consideration of infill-related parking impacts in neighborhoods with high parking demand. This amendment will also provide an opportunity to implement recommendations following the Citywide Transportation Options Study.

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Reference Documents + More Information

The documents provide additional context and information related to the BTV Neighborhood Code. Looking for more information about the Joint Committee Process, including past presentation materials, agendas, and recordings? Click Here.

Comparing District Standards Comparing Proposed District Standards

Additional Information, Videos, and FAQs Additional Information, Videos, and FAQs

Opticos Fit Test Examples Opticos Fit Test Examples

BTV Neighborhood Code Analysis & Report BTV Neighborhood Code Analysis & Report

Middle Housing Helps a Changing Vermont AARP Resources + Information

Do you have questions about this project? Contact Sarah Morgan at smorgan@burlingtonvt.gov
BTV Neighborhood Code is supported by a Bylaw Modernization Grant from the VT Dept of Housing & Community Development, and in collaboration with and in-kind support from AARP-Vermont's Livable Communities program.