ORDINANCE 7.03

Sponsor: Councilor Carpenter

Public Hearing Dates: 09/12/22

_____________________________

First reading: 04/11/22

Referred to: Ordinance Comm

Rules suspended and placed in all states of passage:

Published: 09/21/22

Effective: 10/12/22

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 Sections 3.1.2, Zoning Permit Required, 8.1.8, Minimum Off-Street Parking Requirements, 13.1.2, Definitions, Article 14, PlanBTV Downtown Code, and Appendix A-Use Table—All Zoning Districts, thereof to read as follows:

Sec. 3.1.2 Zoning Permit Required.

Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development may be commenced within the city without a zoning permit issued by the administrative officer including but not limited to the following types of exterior and interior work:

(a) Exterior Work: As written.

(b) Interior Work: As written.

(c) Exemptions: The following shall be exempt from the requirements of this Ordinance and shall not be required to obtain a zoning permit:

1. – 18. As written.

19. Short term rental.

(d) Determination of Non-Applicability: As written.

Sec. 8.1.8 Minimum Off-Street Parking Requirements.

A minimum number of off-street parking spaces for all uses and structures shall be provided in accordance with Table 8.1.8-1 below.

(a) Where a use is not listed, the minimum 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 required spaces, the number of spaces shall be rounded to the nearest whole number.

(c) The minimum off-street parking requirement for a development with inclusionary housing units provided on site shall be reduced by the percentage of inclusionary units required by Article 9.

(Example: A 100-unit residential development with a requirement of 15% inclusionary units shall provide minimum off-street parking based on 85 dwelling units.)

Sec. 13.1.2 Definitions.

For the purpose of this ordinance certain terms and words are herein defined as follows:

Unless defined to the contrary in Section 4303 of the Vermont Planning and Development Act as amended, or defined otherwise in this section, definitions contained in the building code of the City of Burlington, Sections 8-2 and 13-1 of the Code of Ordinances, as amended, incorporating the currently adopted edition of the American

Insurance Association’s “National Building Code” and the National Fire Protection Association’s “National Fire Code” shall prevail.

Additional definitions specifically pertaining to Art. 14 planBTV: Downtown Code can be found in Sec. 14.8, and shall take precedence without limitation over any duplicative or conflicting definitions of this Article.

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Bed and Breakfast: An owner-occupied residence, or portion thereof, in which short-term lodging rooms are rented and where only a morning meal is provided on-premises to guests.

Hostel: A place where travelers may stay for a limited duration, as recognized by the International Hostel Association.

Hotel, Inn or Motel Lodging: An establishment providing for a fee three or more temporary guest rooms and customary lodging services (such as onsite staffing at all hours, lobby space, and room service), and subject to the Vermont rooms and meals tax. Lodging may, or may not, be owner occupied. Lodging does not include historic inns

or short term rentals (except when per-building short term rental limits noted in Chapter 18: Minimum Housing Standards of the Burlington Code of Ordinances are exceeded).

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Short term rental (STR): A dwelling unit that is rented in whole or in part (i.e. renting bedrooms within a unit) to guests for less than thirty (30) consecutive days and for more than 14 days per calendar year and is subject to the Vermont rooms and meals tax, pursuant to Chapter 18: Minimum Housing Standards of the Burlington Code of

Ordinances.

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Article 14-PlanBTV Downtown Code—*See attached excerpt for proposed changes.

Appendix A—Use Table—All Zoning Districts—*See proposed changes on attached table.

** Material stricken out deleted.

*** Material underlined added.

tm/KS/Ordinances 2022/Zoning Amendment – ZA 22-08, Short Term Rentals

CDO Secs. 3.1.2, 8.1.8, 13.1.2, Art. 14 and Appendix A-Use Table—All Zoning Districts

4/7/22

Adopted as amended by the Planning Commission, 3rd reading, 091222. LO