PUBLIC HEARING NOTICE

Burlington Comprehensive Development Ordinance

Pursuant to 24 V.S.A. 4442 and 4444, notice is hereby given of a public hearing by the
Burlington City Council to hear comments on the following proposed amendments to the City of
Burlingtons Comprehensive Development Ordinance (CDO):
PROPOSED AMENDMENT: ZA-16-14 Downtown Mixed Use Core Overlay
The public hearing will take place on Thursday, September 29, 2016 beginning at 7:00 p.m. in
Contois Auditorium, Burlington City Hall, 149 Church Street, Burlington, VT.
Pursuant to the requirements of 24 V.S.A. 4444(b):
Statement of purpose: The purpose of ZA 16-14 is to establish the Downtown Mixed Use Core
Overlay district to facilitate the redevelopment of a portion of the former Urban Renewal area
with higher density mixed-use development and to implement central goals and objectives in the
2013 planBTV Downtown & Waterfront plan. Additionally, the purpose of this amendment is to
amend the Citys Official Map to include two 60 ft. public rights of way at St. Paul and Pine
Streets between Bank and Cherry Streets.
Geographic areas affected: ZA 16-14 Downtown Mixed Use Core Overlay is applicable to a
portion of the core of the downtown; specifically, 7 parcels located between Bank and Cherry
Streets currently in the Downtown zoning district.
List of section headings affected: Within Article 4, ZA 16-14: amends Section 4.2.1 Authority
and Purpose; amends Section 4.2.2. Waterfront Core Official Map Established; amends Map
4.2.2-1 Waterfront Core Official Map; amends Section 4.3.2 Overlay Districts Established; adds
new Section 4.5.8 Downtown Mixed Use Core Overlay (DMUC) District; and amends Section
5.2.6 Building Height Limits.
The full text of the Burlington Comprehensive Development Ordinance and proposed
amendment ZA 16-14 Downtown Mixed Use Core Overlay is available for review at the
Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through
Friday 8:00 a.m. to 4:30 p.m. or on the departments website at www.burlingtonvt.gov/pz .

CITY OF BURLINGTON

In the Year Two Thousand Sixteen

An Ordinance in Relation to
COMPREHENSIVE DEVELOPMENT ORDINANCE
Downtown Mixed Use Core Overlay
ZA 16-14

ORDINANCE ___________
Sponsor: Planning Department,
Planning Commission
Public Hearing Dates: ___________
_____________________________
First reading: _________________
Referred to: ___________________
Rules suspended and placed in all
stages of passage: ______________
Second reading: ________________
Action: ______________________
Date: ________________________
Signed by Mayor: ______________
Published: ____________________
Effective: _____________________

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

1

That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of

Burlington be and hereby is amended by amending Sections 4.2.1, Authority and Purpose, Section 4.2.2,

Waterfront Core Official Map Established, Map 4.2.2-1 Waterfront Core Official Map, Section 4.3.2,

Overlay Districts Established and Section 5.2.6, Building Height Limits, thereof and adding Section 4.5.8,

Downtown Mixed Use Core Overlay (DMUC) District, to read as follows:

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PART 2: OFFICIAL MAP

Sec. 4.2.1 Authority and Purpose

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A map entitled The Official Map of the City of Burlington and as depicted on Map 4.2.1-1 below is
hereby established pursuant to 24 VSA 4421 that identifies future municipal utility and facility
improvements, such as road or recreational path rights-of-way, parkland, utility rights-of-way, and other
public improvements. The intent is to provide the opportunity for the city to acquire land identified for
public improvements prior to development for other use, and to identify the locations of required public
facilities for new subdivisions and other development under review by the city.

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Map 4.2.1-1 Official Map of the City of Burlington As written.

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Sec. 4.2.2 Downtown and Waterfront Core Official Map Established

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A map entitled The Official Map of the Downtown and Waterfront Core and as depicted on Map 4.2.21 below is established as part of the Official Map established above, is to be dated as of the effective date
hereof, is to be located in the department of zoning and planning and is incorporated herein by reference.
The proposed streets, public ways, public parks and other public lands and visual corridors contained
therein are more particularly described as follows:

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(a) (e) As written.

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(f) An easement for pedestrians and bicycles twenty (20) feet in width, located adjacent to and west of the
old Rutland railway right-of-way and owned by the State of Vermont running between the King Street

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COMPREHENSIVE DEVELOPMENT ORDINANCE

Downtown Mixed Use Core Overlay
ZA 16-14

Dock and College Street; and,

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(g) Lake Street (north) modified: The portion of Lake Street is a street seventy (70) feet in width, the
center line of which commences on the north line of College Street thence running northerly following
the center line of existing Lake to a point intersecting the northerly property line of the Moran
Generating Station extended east.;

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(h) The re-establishment of St Paul Street between Cherry and Bank streets as a public street with a rightof-way sixty (60) feet in width to accommodate pedestrians, bicycles and vehicles; and,

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(i) The re-establishment of Pine Street between Cherry and Bank streets as a public street with a right-ofway sixty (60) feet in width to accommodate pedestrians, bicycles and vehicles.

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COMPREHENSIVE DEVELOPMENT ORDINANCE

Downtown Mixed Use Core Overlay
ZA 16-14

Map 4.2.2-1 Official Map of the Downtown and Waterfront Core Official Map

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Downtown Mixed Use Core Overlay
ZA 16-14

Sec. 4.3.2 Overlay Districts Established:

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Overlay districts are overlaid upon the base districts established above, and modify certain specified
development requirements and standards of the underlying base district. the land so
encumberedProperties within an Overlay District may be used and altered developed in a manner
permitted in the underlying district only if and to the extent such use or alteration is permitted in as may
be modified by the applicable overlay district. The following districts are established as overlay districts
as further described in Part 5 below:

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(a) (e) As written.

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(f) A Mouth of the River Overlay (MOR) district; and,

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(g) A Centennial Woods Overlay (CWO) district; and,

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(h) A Downtown Mixed Use Core (DMUC) district.

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Sec. 4.5.8 Downtown Mixed Use Core Overlay (DMUC) District

(a)

Purpose:

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The Downtown Mixed Use Core Overlay (DMUC) district is intended to facilitate the redevelopment
of a portion of the former Urban Renewal Area in order to provide for a more walkable, connected,
dense, compact, mixed use and diverse urban center. The area should support a diversity of
residential, commercial, recreational, educational, civic, hospitality, and entertainment activities, and
create opportunities to better connect the street grid for enhanced mobility for automobiles,
pedestrians, and bicyclists in order to sustain and advance the economic vitality of Burlingtons
downtown urban core.

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This overlay allows larger scale development than is typically found in the underlying district, and
development with larger and taller buildings. Development should be designed to support the diverse
mixed-uses, activate and enrich the street and sidewalk for pedestrian activity, and encourage
mobility throughout the district and adjacent districts for pedestrians and bicyclists with reduced
reliance on automobiles.

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(b) Areas Covered:

The Downtown Mixed Use Core Overlay (DMUC) district includes those portions of the Mixed Use
Downtown (D) District as delineated on Map 4.5.8-1.

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ZA 16-14

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Map 4.5.81: Downtown Mixed Use Core Overlay (DMUC) district

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(c)

District Specific Regulations: Downtown Mixed Use Core Overlay (DMUC) district;

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1.

Dimensional Standards:

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The maximum Building height and mass shall be as prescribed in Table 4.5.8-1 below. Building
height and mass in excess of 65-feet and 5.5 FAR shall be allowed by-right and without the necessity
of the DRB granting of Development Bonuses/Additional Allowances pursuant to Sec 4.4.1 (d)7.

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Any application requiring Major Impact Review pursuant to Sec. 3.5.2 (b) shall not also be subject to
Conditional Use Review unless a use specifically identified in Appendix A Use Table as a
Conditional Use or identified as CU is also proposed.
The Dimensional Standards within the DMUC Overlay District shall be as follows:

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An Ordinance in Relation to

COMPREHENSIVE DEVELOPMENT ORDINANCE

Downtown Mixed Use Core Overlay
ZA 16-14

Table 4.5.8-1 Downtown Mixed Use Core Overlay (DMUC) District Dimensional
Standards
Building Height4

3 stories min.
14 stories not to exceed 160-ft max

FAR4

9.5 FAR total max per lot

Floorplate:
Floors 1-5
Floors 6-8
Floors 9-12

100% of lot max.

80% of lot max.
55% of lot max.
Floors 13+
15, 000 sf max per individual floorplate,
with individual towers separated by a
minimum of 60-ft measured
orthogonally.
The floorplate of any floor may not be larger than the floor below.
Pervious Area1
Setbacks:
- Front

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92

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10% min

- Side/Rear

0-ft min, 10-ft max. In no event shall a

Building be closer than 12 from the
curb.
0-ft min, 12-ft max.

Occupied Build-to Zone2

100%

Ground Floor Height (floor to floor)

14-ft min

Arcades3

10-ft clear depth min

14-ft clear height min

Pervious Area is the area of a lot covered by surfaces or materials that allow for the movement or passage of water into
soils below. Pervious areas include, but are not limited to, areas of a lot covered by soil/ mulch, vegetative matter,
permeable pavers/pavement, bio-retention areas, or other materials that allow for the infiltration of at least the first inch
(1) of rainfall. For these purposes, green roofs that capture and attenuate at least the first inch (1) of rainfall are also
considered pervious area.
2
Occupied Build-to Zone is the proportion of the linear distance between the maximum and minimum front setback along
a front property line that must be occupied by a Building faade. In lieu of a Building faade, a streetscreen between 3.5
and 8 feet in height or active public use or activity (such as outdoor cafes) occupying no more than the lesser of 20 feet or
20% of the Build-to Zone may be included.
An Arcade is where only the ground floor level of the Building facade is set back from the front property line. The
Building facade for the upper floors is at or near the front property line within the Build-to Zone, and is supported by a
colonnade with habitable space above.

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COMPREHENSIVE DEVELOPMENT ORDINANCE

Downtown Mixed Use Core Overlay
ZA 16-14

Additional development allowances for inclusionary housing projects as provided in Sec. 9.1.12 shall not be applicable
in the Downtown Mixed Use Core Overlay District.
4

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2.

Urban Design Standards:

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The following urban design standards shall apply to all Buildings in the DMUC Overlay, and the
DRB shall make a final determination regarding strict compliance with these standards except as
provided for in E below. These standards and requirements shall take precedence without limitation
over any duplicative or conflicting provisions of Article 6, and compliance with Article 6 shall be
presumed where a Building is in compliance with these design standards as determined by the DRB.

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A. Overall Design: Proposed Buildings shall present an architecturally significant design as follows:

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i.

Step backs, horizontal and vertical variation, selection of materials and other architectural
design techniques are used to reinforce the street wall, create transitions from adjacent
buildings of a smaller mass and height, and reduce the perceived height and mass of the upper
stories from the street level;

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ii.

Proposed Buildings provide visual interest and human scale at the pedestrian level through the
use of a variety of scales, materials, fenestration, massing or other architectural design
techniques;

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iii.

Upper story proportions of Buildings emphasize vertically-oriented proportions to assure a

rich visually interesting experience as viewed within the context of the downtown skyline,
reinforce opportunities for establishing points of reference for visual orientation, and retain
opportunities for a view of the sky between individual Building elements.

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B. Faade Articulation: All street-facing Building facades shall be articulated as follows:

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i.

Building facades shall incorporate surface relief through the use of elements such as bay
windows, cladding materials, columns, corner boards, cornices, door surrounds, moldings,
piers, pilasters, sills, belt courses, sign bands, windows, balconies and/or other equivalent
architectural features at least three (3) of which must either recess or project from the average
plane of the facade by at least four (4) inches.

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ii.

Buildings with facades between seventy-five (75) feet and one hundred and fifty (150) feet in
width shall include vertical changes through the horizontal plane of the faade by dividing the
facade into a series of architectural and/or structural bays between six (6) feet and sixty-five
(65) feet in width involving up to a minimum of 50% of the height of the faade.

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iii.

Buildings with facades greater than one hundred and fifty (150) feet in width must include a
more substantial change in the horizontal plane of the faade where for every one hundred and
fifty (150) feet in facade width, one (1) or more architectural bay as required above must either
recess or project by at least four (4) feet involving the full height of the faade from the
average plane of the street wall portion of the facade. Such bays shall occur no closer than fifty
(50) feet from the Buildings corner.

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An Ordinance in Relation to

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iv.

COMPREHENSIVE DEVELOPMENT ORDINANCE

Downtown Mixed Use Core Overlay
ZA 16-14

Required Building Height Setbacks pursuant to Sec 4.4.1 (d) 4 shall not be applicable. Instead,
upper stories of any street-facing Building facade exceeding six (6) stories in height shall be
setback as follows:

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a. An upper story setback at least ten (10) feet from the primary plane of the faade below
shall occur within the first 60-ft of Building height at either the 3rd, 4th, or 5th story in
order to provide a change in the vertical plane of the faade. Such a change shall involve
the full width of the Building faade, but does not have to occur in the same story.
Additional upper story setbacks may occur in order to provide additional terraces, taper and
visual interest to taller Buildings.

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b. For Buildings exceeding ten (10) stories in height a second upper story setback at least ten
(10) feet from the primary plane of the faade below shall occur at either the 10th, 11th, or
12th story in order to provide another change in the vertical plane of the faade. Such a
change shall involve the full width of the Building faade, but does not have to occur in the
same story. Additional upper story setbacks may occur in order to provide additional
terraces, taper and visual interest to taller Buildings.

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c. Setbacks must be visually set off from the stories below by a balustrade, parapet, cornice
and/or similar architectural feature, and are encouraged to be activated as an outdoor
amenity space for Building occupants.

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d. The upper stories beyond a setback may be visually differentiated from the stories below
by a change in color, materials and/or pattern of fenestration in order to reduce the actual
or perceived massing of the Building overall.

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v.

Where visible, the raised foundation or basement of a Building shall not exceed 4-ft as
measured from the exterior finished grade to the finished floor of the Story above, and must be
visually differentiated from the stories above by a horizontal expression line and change in
color, material, and/or pattern of fenestration;

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vi.

The lower one to five stories of a Building must be visually differentiated from the stories
above by a horizontal expression line, belt courses, banding, sign band, cornice and/or
equivalent architectural feature, and include a change in color, material, and/or pattern of
fenestration across a majority of the facade;

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vii.

The top one to five stories of a Building must be visually differentiated from the stories below
by a horizontal expression line, belt courses, banding, sign band, cornice and/or equivalent
architectural feature, and include a change in color, material, and/or pattern of fenestration
across a majority of the faade; and,

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viii.

The top of a Building 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 by
at least six (6) inches to serve as an expression of the Buildings top.

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An Ordinance in Relation to

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Downtown Mixed Use Core Overlay
ZA 16-14

C. Street Activation: All Buildings shall activate the street as follows:

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i.

Buildings shall have one or more principal entrances for pedestrians at street level that are
clearly identified as such along the street frontage or at a corner where a corner lot.

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ii.

The linear distance along the street frontage between ground floor entries shall not exceed 60feet, and such doors must be open and operable by residential occupants at all times and nonresidential occupants and customers during business hours.

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iii.

Building entrances shall be defined and articulated by architectural elements such as lintels,
pediments, pilasters, columns, canopies, awnings, transoms, sidelights and/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 continue onto the upper
stories. Such bays are not required to include additional horizontal expression beyond what is
required for any upper story setbacks.

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iv.

Requirements regarding openings and the transparency of glazing in a street-facing Building

facade shall be as follows:

Rough openings for windows and

doors (per floor)

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- Horizontal and vertical distance

between rough openings
Transparency:
- applicable to 80% of the glazing on
each floor.
- VLT - Visible Light Transmittance1
- VLR - Visible Light Reflectance

Ground Floor
Upper Floors
70% min, 80% of
20% min
which shall be
concentrated
between 3-10 feet
above the
adjacent sidewalk
20 max.

60% min
15% max

40% min
15% max

May be reduced to 50 and 30% respectively to meet the requirements of a High Performance Building Energy Code
or equivalent program as determined by the DRB.

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v.

Street-facing, street-level windows must allow views into a ground story non-residential use
for a depth of at least 3 feet for the first 4 feet above the level of the finished sidewalk in order
to provide for a window display, and for a depth of at least 8 feet for the next 4 feet above the
level of the finished sidewalk in order to provide a view into the interior of the space.
Windows cannot be made opaque by window treatments (except operable sunscreen devices
within the conditioned space). External security shutters are not permitted.

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vi.

In addition to the restriction regarding ground floor residential uses pursuant to Sec. 4.4.1, (d)
1 A, General Office uses shall also not be permitted on the ground floor of any building in the
DMUC Overlay.

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ZA 16-14

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D. Materials:

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The following requirements regarding the selection and use of Building materials is intended to
improve the physical quality and durability of buildings, enhance the pedestrian experience, and
protect the character of the downtown area.

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i.

Primary Materials: Not less than 80 percent of each street-facing facade shall be constructed
of primary materials comprised of high quality, durable, and natural materials. 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:

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a. Brick and tile masonry;

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b. Native stone;

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c. Wood panels, clapboard or shingles;

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d. Glass curtain wall; and,

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e. Cementitious siding;

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ii.

Accent Materials: The following accent materials may make up no more than 20% of the
surface area on each street-facing faade. Accent materials are limited to:

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a. Pre-cast masonry (for trim and cornice elements only);

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b. External Insulation Finishing System - EIFS (for upper story trim and cornice elements
only);

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c. Gypsum Reinforced Fiber Concrete (GFRCfor trim elements only);

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d. Metal (for beams, lintels, trim elements and ornamentation, and exterior architectural
metal panels and cladding only);

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e. Split-faced block (for piers, foundation walls and chimneys only); and.

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f. Glass block.

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iii.

Alternate Materials: Alternate materials, including high quality synthetic materials, may be
approved by the administrative 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. Regionally-available materials
are preferred.

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iv.

Other:

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a. The use of recycled and/or regionally-sourced materials is strongly encouraged.

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b. With the exception of natural wood siding or shingles such as cedar or redwood intended
to gradually weather with time, all exposed wood and wood-like products (e.g. fibercement) shall be painted or stained. Exterior trim shall be indistinguishable from wood
when painted.

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ZA 16-14

c. Any synthetic siding and finish products shall be smooth-faced with no artificial grain
texturing.

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E. Alternative Compliance: Relief from any non-numerical standard above, and relief from any
numerical standard with the exception of building height and FAR by no more than 20% of such
requirement, may be granted by the Development Review Board after review and comment by the
Design Advisory Board and the administrative officer. In granting such relief, the DRB shall find
that:

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i.

the relief sought is necessary in order to accommodate unique site and/or Building
circumstances or opportunities;

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ii.

the relief if granted is the minimum necessary to achieve the desired result;

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iii.

the property will otherwise be developed consistent with the purpose of this ordinance, the
purpose of the underlying Zoning District and this Overlay District, the purpose of the section
that the relief is being sought, and all other applicable standards;

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iv.

the relief if granted will not impose an undue adverse burden on existing or future
development of adjacent properties; and,

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v.

the relief if granted will yield a result equal to or better than strict compliance with the
standard being relieved.

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3.

Use
Mixed Use Buildings: Any new or substantially rehabilitated building over 105 in total height shall
include a mix of uses including no less than 25% of the gross leasable floor area dedicated to nonresidential uses and another 25% or more dedicated to residential use.

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4.

Parking
i.

All onsite parking shall be provided in one or more of the following:

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a. an underground parking structure (strongly preferred);

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b. an above ground parking structure separated from the public street by a liner building a
minimum of 40-ft in depth; or,

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c. a mixed-use building with parking located underground, setback a minimum of 40-ft

behind the faade of building at the ground level, and/or above the ground floor.

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ii.

All onsite parking shall participate in any Downtown Parking and Transportation
Management District in order to minimize the amount of parking provided and maximize the
efficiency of its utilization.

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iii.

Vehicular entrances to parking structures shall not exceed 24-ft clear width and 16-ft clear
height at the street frontage.

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iv.

At least one pedestrian route from all parking structures shall lead directly to a street frontage
(i.e., not directly into a Building). When portions of a building containing parking front on
more than one street, multiple pedestrian routes to street frontage is strongly encouraged.

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v.

All structured parking with frontage on any portion of a public street shall be treated as
follows:

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a. The required setback between the parking and the public street at the ground level must be
occupied by an active use (such as, but not limited to, residential lobby, retail, office,
recreational or services). This requirement shall not apply to parking located either
entirely below-grade or above the second floor where parking may extend out to the
buildings perimeter.

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b. All floors of a parking structure fronting a public street must be level (not inclined), and
any sloped ramps between parking levels must be setback a minimum of 20-ft from the
street-facing building faade and shall not be discernible along the perimeter of the
parking structure.

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c. Where upper stories of structured parking are located at the perimeter of a building,
parked vehicles, vehicle headlights and interior lighting shall be screened from view from
the street and adjacent properties.

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d. In addition to the Urban Design Standards required above, facade treatments (materials,
fenestration patterns, and architectural detailing) must be continued on stories containing
parking in a manner consistent with the overall architectural design of the Building and
such that levels of parking are not clearly distinguishable from other uses in a building.
vi.

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Each parking space provided in an underground parking structure may be counted as 1.75 of
the parking spaces as required in Art 8.

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5.

Signs
A master sign plan pursuant to Article 7 Part 3 is required for all sites occupied by more than three
tenants where all signs must meet the requirements of the master sign plan. The master sign plan
must establish standards of consistency as applicable of all signs to be provided on the subject
property with regard to:
Colors;
Letter/graphics style;
Location and Sign Type;
Materials;
Methods of illumination; and/or
Maximum dimensions and proportion.
In addition to the flexibility from the requirements of Article 7 provided under Sec. 7.3.4, the
following shall also be permitted when incorporated as part of a master sign plan in the DMUC
Overlay:

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i.

The area of projecting signs, marques, canopies and awnings shall not be deducted from the
maximum allowed signage area permitted for signage under Sec 7.2.3.

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ii.

Projecting Signs: One projecting sign may be permitted for each ground floor use provided
each sign:
a.
b.
c.
d.
e.

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iii.

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Marquee Signs: One marquee sign per street frontage may be permitted provided such sign:
a. is associated with the following uses only: Cinema, Conference Center, Convention
Center, Performing Arts Center and Recreation Facility-Indoor;
b. is located above the principal Building entrance;
c. projects a minimum of 6 feet from the building faade on which it is attached but in no
event more than 10 feet and 3 feet from the curb;
d. has its lowest edge at least 96 above any pedestrian way;
e. has its highest edge no more the lesser of the floor level of the third story or 35 feet above
any pedestrian way;
f. is no more than 40 feet in width;
g. may contain an area for manual changeable copy that does not exceed 30 percent of the
area of the sign face on which it is located or 32 square feet, whichever is less; and,
h. Any encroachment into the public right-of-way must also be approved by the City
Council.

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does not exceed 8 square feet in area;

does not project more than 4 feet from the building faade on which it is attached;
has its lowest edge at least eight (8) feet above any pedestrian way;
has its highest edge no more than eighteen (18) feet above any pedestrian way; and,
any encroachment into the public right-of-way must also be approved by the City Council.

iv.

Canopies and Awnings: Where provided, awnings and canopies placed on a building facade
shall meet the following specifications:
a. Awnings and canopies shall provide 8 minimum clear height above the finished grade,
and shall project a minimum of 6 from the building faade to a maximum of 2 from the
curb. 14 minimum clear height above the finished grade shall be provided above any area
used for parking or circulation. Any encroachment into the public right-of-way must also
be approved by the City Council.
b. Awnings and canopies shall be placed, sized, shaped and proportioned to match the
associated openings.
c. Except as provided below, awnings and canopies shall not be internally illuminated or
backlit, however they may contain lighting fixtures intended to illuminate the ground
beneath.
d. Awnings shall have a metal structure covered with non-translucent canvas, synthetic
canvas or painted metal, and shall have no soffit or sides. Retractable awnings are
encouraged.
e. Awnings shall be rectangular in elevation and triangular in cross-section with straight
edges. The valance of the awning shall be no more than 12 in height.

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f. Canopies shall be constructed of wood and/or metal, and shall be cantilevered or

supported from above. The face of the canopy shall be no more than 24 in height.
g. Signage placed on an awning or canopy shall be limited to the windows and doors on the
first (ground) floor, and shall not extend outside the overall length or width.
h. Signage placed on a canopy shall be limited to the face or may project above and may be
backlit.
i. Signage placed on an awning or canopy shall be limited to:
i. 75% of the valance or canopy face and/or 25% of the sloping plane max.
ii. The height of lettering shall be limited to: 5 min - 10 max on the valance; 18 max
on the sloping plane; or 24 max on or above the canopy.
6.

Green Buildings and Stormwater Management

A. Green Buildings: New development and substantial redevelopment in the DMUC Overlay shall be
built to the standard of LEED Gold Certification, or a nationally recognized equivalent as determined
by the administrative officer.
i.

At the time of application the following shall be required:

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a. the submission of documentation of the planned performance criteria and elements of

the project necessary to obtain the required green building certification (e.g. LEED
checklist);

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b. documentation that the project has been registered with the applicable green building
certification program (e.g. LEED project registration); and,

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c. a written commitment to apply for formal, written review of the project at the earliest
milestone where the green building certifying body offers "precertification" or similar
(e.g. LEED Design Review).

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ii.

Prior to the release of any Final Certificate of Occupancy the following shall be required:

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a. the submission of revised as-built performance criteria and project elements necessary
to obtain the required green building certification (e.g. LEED checklist):

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b. the results of 3rd party commissioning of the building envelope and mechanical
systems documenting compliance of as-built performance; and,

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c. a written certification from the project design professional of record that the project
has been constructed to comply with the green building requirements of this section.

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B. Stormwater Management: Stormwater runoff from 100% of all net new and substantially
redeveloped impervious area (or an equivalent area of impervious) must be captured and managed in
such a way as to mimic pre-development (meadow in good condition, Hydrologic Soil Group B)
runoff (or discharge) ratio for the 1 year, 24 hour design storm subject to review and approval by the
DPW Water Resources Division.

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The feasibility of implementing runoff volume reduction practices must be evaluated in consultation
with the DPW Water Resources Division and shall include an evaluation of the engineering
feasibility of techniques including, but not limited to runoff reduction through stormwater reuse,

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green stormwater infrastructure such as green roofs, bioretention, tree planting and sewer separation
of roof water for sites currently discharging to the combined sewer system. Storage and detention
methods may be used to meet pre-development flow targets. When and where detention systems are
the primary mode of stormwater management, smart precipitation integrated detention systems
must be evaluated and are strongly preferred. On-site stormwater management must be maximized;
however, off-site stormwater management may also be used in consultation with DPW Water
Resources.

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Sec. 5.2.6 Building Height Limits

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No structure shall exceed thirty-five (35) feet in height unless otherwise authorized under the district-specific
provisions of Article 4:

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(a) As written.

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(b) Exceptions to Height Limits

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1.

Additions and new construction on parcels created prior to January 1, 2008 that contain a nonconformingn existing structure Principal Building exceeding thirty-five (35) feetthe maximum
permitted Building in height as of January 1, 2008 may exceed the maximum permitted Building
height of the zoning district thirty-five (35) feet subject to the design review provisions of Art. 3
and 6, but in no event shall exceed the height of the existing non-conforming Principal
Buildingstructure.

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2. In no case shall the height of any structure exceed the limit permitted by federal and state regulations
regarding flight paths of airplanes.

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3. Greenhouses, rooftop gardens, terraces, and similar features are exempt from specific height
limitations but shall be subject to the design review provisions of Art. 3 and 6.

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4.3. Ornamental and symbolic architectural features of buildings and structures, including towers,
spires, cupolas, belfries and domes;, greenhouses, garden sheds, gazebos, rooftop gardens, terraces,
and similar features; and fully enclosed stair towers, elevator towers and mechanical rooms, where
such features are not used for human occupancy or commercial identification, are also exempt from
specific height limitations and but shall be subject to the design review provisions of Art. 3 and 6.
The footprint of such architectural features shall not exceed ten percent (10%) of the total roof
area.Such features and structures shall be designed and clad in a manner consistent and
complementary with the overall architecture of the Building.

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4. Exposed mechanical equipment shall be allowed to encroach beyond the maximum building height
by no more than 15-feet provided that portion exceeding the height limit does not exceed 20% of
the roof area.

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Exposed mechanical equipment shall be fully screened on all sides to the full height of the
equipment, and positioned on the roof to be unseen from view at the street level. Screening may
consist of parapets, screens, latticework, louvered panels, and/or other similar methods. Such
features and structures shall be designed and clad in a manner consistent and complementary with
the overall architecture of the Building.

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Where mechanical equipment is incorporated into and hidden within the roof structure, or a
mechanical penthouse setback a minimum of 10-ft from the roof edge, no such area limit shall
apply and the structure shall be considered pursuant with 4 above.

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5. All forms of communications equipment including satellite dish antennae shall not be exempt from
height limitations except as provided in Sec 5.4.7 of this Article.

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6. The administrative officer may allow for up to a 5% variation in the maximum building height to
account for grade changes across the site. In no event however, shall such additional height enable
the creation of an additional story beyond the maximum permitted.

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**
***
****
*****

Material stricken out deleted.

Material underlined added.
Map 4.2.2-1 shows proposed changes per map key.
Map 4.5.8-1 is added.

KS: Ordinances 2016/Zoning Amendment ZA #16-14Downtown Mixed Use Core Overlay

9/14/16