Staff proposes measuring building height from finished grade to simplify story rules; commission seeks guardrails

South Burlington planning staff proposed changing how the city measures building height: instead of using preconstruction grade (existing ground elevation before site work), staff recommended using finished construction grade as the baseline and simplifying story definitions.

Nick (staff member) explained the change aims to reduce design complexity for builders and align the city with common practice used by peer municipalities. Staff said the current reliance on preconstruction grade creates repeated recalculations during design and review and complicates how many “stories” a building is counted as under existing Land Development Regulations (LDRs).

Commissioners asked how the change could be abused by large earth‑moving or landscaping that artificially raises a lot so a developer gains additional height. Staff responded the city already limits the amount of earth disturbance and fill allowed during construction and that scenic‑view and other elevation‑based protections remain in place; those protections would limit extreme cases where finished grade could be used to circumvent height limits.

Staff also proposed wider use of a street‑grade alignment approach already applied in the form‑based code area—requiring finished grade along the public sidewalk or street where feasible—to improve relationships between building entries and sidewalks, reduce small exterior ramps and landings, and improve accessibility. Commissioners asked staff to analyze where street‑grade alignment is practical and to consider slope, stormwater and flood constraints.

The commission discussed reclassifying certain upper‑roof or partial‑attic spaces as “half stories” (0.5 stories) so that small loft spaces under steep pitched roofs and certain types of dormered areas do not count as full stories. Staff said distinguishing “true” full stories from limited attic or dormer space will require clear, measurable thresholds to prevent gaming the rule (for example, creating faux walkout basements by building berms).

Commissioners asked staff to follow up with builders and the fire marshal to check equipment, code and capital implications of higher thresholds in centers and to verify how often builders use landscaping or fill to change finished grade in practice. Staff said further outreach to builders and other departments is planned; staff will return with draft language and recommended backstops to control fill, stormwater, and excessive earth moving.

Ending

Nick said staff will draft finished‑grade language, identify where street‑grade alignment could apply, and report back with illustrative examples and proposed guardrails to limit excessive grading and ensure accessibility and stormwater standards are upheld.