ORDINANCE 6.10

Sponsor: Office of City Planning, Ordinance Committee

Public Hearing Dates: 04/13/26

First reading: 03/23/26

Referred to: Ordinance Committee

Rules suspended and placed in all stages of passage:

Second reading: 04/13/26

Action: adopted

Date: 04/13/26

Signed by Mayor: 04/16/26

Published: 04/22/26

Effective: 05/12/26

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 8, Parking; Part 1, General Requirements; Sec. 8.1.9-1, Maximum Off-Street Parking Requirements; and Table 8.1.16-1, Transportation Demand Management Program Required; to clarify the definition of affordable housing projects to include buildings within a Planned Unit Development, and to clarify that Affordable Projects are only required to meet a subset of Transportation Demand Management requirements even in the case of a Waiver of Maximum Parking Limitations applying TDM requirements to a project. As such, the ordinance is amended to read as follows:

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Article 8: Parking

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PART 1: General Requirements

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Sec. 8.1.9 Maximum On-Site Parking Spaces 

The total number of off-street parking spaces provided in any parking district shall not be more than as allowed in Table 8.1.9-1 below: 

(a) Where a use is not listed, the maximum parking requirements shall be determined by the administrative officer based upon a determination that the use is substantially equivalent in use, nature, and impact to a listed use.  

(b) When the calculation yields a fractional number of maximum spaces, the number of spaces shall be rounded to the nearest whole. 

Table 8.1.9-1 Maximum Off-Street Parking Requirements—As written.

(a) Exemptions: The following shall not be included in the maximum number of allowable spaces required by this section: 

1. – 6. As written. 

 

7. Waiver of Maximum Parking Limitations. Parking in excess of the maximum parking limitation of this section, may be waived by the DRB pursuant to the following requirements:

A. The applicant requesting the waiver shall also provide: 

(i) a peak demand parking study for two similar uses in the area; and, 

(ii) a TDM Plan pursuant to the requirements of Sec. 8.1.16., provided that Affordable Projects shall only be required to comply with Sections 8.1.16(c) 1 and 8.1.16(c) 4, as stated in Table 8.1.16-1.  

B. As written.

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Section 8.1.16 Transportation Demand Management  

(a) Purpose: As written.

(b) Applicability:

(1) A Transportation Demand Management Program shall be required for all projects in any Parking District involving any one or more of the following: 

 

For projects that were issued permits with TDM requirements prior to January 31, 2023, an administrative permit amendment may be requested to align the permit with the TDM requirements set forth herein. 

(c) Transportation Demand Management (TDM) Program: A TDM Program shall include each of the following elements at a minimum:

(1) Outreach and Education:

a. Designation of a Transportation Coordinator who directly, or indirectly through membership in a Transportation Management Association, shall be responsible for each of the following:

1. Prepare and always make available to all residents and employees informational and educational materials regarding available TDM strategies and opportunities for increased use and participation;

2. Preparation and dissemination of an annual travel survey of all residents and employees; and,

3. Record-keeping and reporting to City upon request of all TDM activities offered and rates of participation (including parking utilization if applicable).

(2) TDM Strategies: In addition to compliance with the on-site Bicycle Parking requirements found in Article 8, Part 2, each TDM Program must incorporate TDM strategies to minimize the amount of parking demand associated with the project. At a minimum, a TDM Program shall select no less than two (2) of the following TDM strategies, which shall be selected and filed with the Administrative Officer on an annual basis:

a. Maintain an ongoing and active membership in a Transportation Management Association (TMA);

b. Provide GMT Transit passes to all residents and employees at a minimum discount of 50%;

c. Provide a free car share membership to all residents and employees;

d. Provide a free bike share membership to all residents and employees;

e. If not already provided through a TMA membership, provide residents and employees with a shuttle service, guaranteed ride home program, or ride to a nearby transit center.

(3) Parking Management: Where on-site or off-site parking is also made available:

a. Conduct parking utilization studies at least annually for a period of 7 years from receipt of a Certificate of Occupancy;

b. With the exception of permanently affordable housing units, the cost of parking shall be un-bundled from all residential and nonresidential leases and deeds and made available at a market rate;

c. Where parking spaces are made available to off-site users, parking spaces may be made available by a renewable lease, provided the term of any lease does not exceed one (1) year; and,

d. Priority parking spaces: when on-site parking is provided, the following must be located in closest proximity to a primary building entrance and/or public street frontage:

1. ADA Accessible spaces;

2. Bicycles, scooters, and motorcycles spaces;

3. Car-share: where 1 space must be offered for projects with 20 or more residential units, subject to an agreement with a car-share provider; and,

4. Carpool and/or Vanpool vehicles: where more than 20 spaces are available for non-residential uses. In such cases, 5 spaces or 5% of the parking spaces on site, whichever is less, must be reserved for carpool/vanpool use before 9:00 AM on weekdays.

(4) TDM Agreement: Each TDM Plan shall include a signed commitment to and acknowledgement of each of the following on a form provided by the Administrative Officer:

a. Commitment to ongoing implementation of the TDM requirements as set forth above;

b. Acknowledgement that the project has no claim to the ongoing availability of nearby on- street public parking, and that, as is the case with other on-street public parking, the City retains the right to charge for, restrict or remove such on-street parking at any time;

c. Acknowledgement that failure to maintain transportation demand management as required above is a violation of this ordinance, and understanding that, pursuant to Sec. 2.7.8 of this ordinance, no zoning permit or certificate of occupancy may be granted until any such violation has been remedied; and,

d. Commitment to notify any subsequent owners and tenants in writing of their obligations under this section as part of any purchase and sale and/or lease agreements.

Review and Enforcement: The Administrative Officer shall be responsible for determining compliance with the TDM Program requirements as set forth above, and ongoing implementation shall be included as a condition of any discretionary or administrative permit required for development subject to the conditions of this Section.

Failure to maintain a TDM Program as required above shall be a violation of this ordinance, and pursuant to Sec. 2.7.8 of this ordinance no zoning permit or certificate of occupancy may be granted without a TDM Program in effect.

Guidelines regarding compliance with these TDM requirements shall be developed and provided to applicants by the Administrative Officer.

* Material stricken out deleted.

** Material underlined added.

Planning/KS/ Ordinances 2026/ZA-26-03 TDM Exemptions for Affordable Housing

CDO Sections 8.1.9 and Table 8.1.16-1