City Of Burlington: An Ordinance In Relation To Act 179 Changes To 117 Za #21-08 | Ordinance Changes | Seven Days | Vermont's Independent Voice

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City Of Burlington: An Ordinance In Relation To Act 179 Changes To 117 Za #21-08 

Published November 3, 2021 at 10:00 a.m.

City Of Burlington: In The Year Two Thousand Twenty-One, An Ordinance In Relation To Comprehensive Development Ordinance – Act 179 Changes To 117 Za #21-08


Sponsor: Office of City Planning, Planning Commission, Ordinance Committee

Public Hearing Dates: 10/25/21

First reading: 08/09/21

Referred to: Ordinance Committee Rules suspended and placed in all stages of passage: ___

Second reading: 10/25/21

Action: adopted

Date: 10/25/21

Signed by Mayor: 10/27/21

Published: 11/03/21

Effective: 11/24/21

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 5.2.1, Existing Small Lots, 5.2.3(b), Exceptions to Lot Coverage, 5.4.5, Accessory Dwelling Units, 13.1.2, Definitions, Appendix A—Use Table—All Zoning Districts, thereof to read as follows:

Sec. 5.2.1 Existing Small Lots

Any small lot of record existing as of April 26, 1973 may be developed for the purposes permitted in the district in which it is located even though not conforming to minimum lot size requirements if such lot is not less than four thousand (4,000) square feet in area with a minimum width and depth dimension of forty (4) feet. the lot:

- can be served by municipal water and sewer service; and

- is at least four thousand (4,000) square feet in area; and

- has a minimum width and depth dimension of forty (40) feet or more.

A permit for Aany such development shall require a permit certificate of appropriateness pursuant to the standards of Article 4 and, where design review is applicable, design review provisions of Article 3 and the development standards of Article 6.


Sec. 5.2.3 Lot Coverage Requirements

Where a maximum lot coverage is specified pursuant to the requirements of Article 4, no building or part of a building or impervious surface or other form of coverage shall exceed such maximum allowable except as specifically authorized by this ordinance.

(a) Calculating Lot Coverage: As written.

(b) Exceptions to Lot Coverage:

In all districts, the following shall not be counted as lot coverage

1. – 9. As written.

10. The DRB may grant an exemption from maximum lot coverage limits for up to 650 sq.ft., of the lot area occupied by an ADU, For lot area occupied by an ADU, the DRB may approve up to 650 sq. ft. additional lot coverage over existing lot coverage, even if present or proposed lot coverage exceeds the standard lot coverage limits. To grant such an exemption, the DRB must find that the existing lot coverage has been lawfully created, and that the proposed location, site design, and improvements will enable on-site management of the first one inch of stormwater runoff from the lot area of the ADU exceeding the applicable lot coverage limit, and will not have undue adverse impact on public rights of way based on the review of the DPW Stormwater Program Manager.

Sec. 5.4.5 Accessory Dwelling Units

(a) Accessory Units, General Standards/Permitted Uses:

Where there is a principal structure on a lot which exists as an owner-occupied single family residence, one accessory dwelling unit, that is located within or appurtenant to such single family dwelling, shall be allowed as a permitted use if the provisions of this subsection are met. An accessory dwelling unit means aan efficiency or one bedroom apartmentdwelling unitthat is clearly subordinate to the principal dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation. No accessory unit shall be inhabited by more than 2 adult occupants. An accessory unit shall not be counted as a dwelling unit for the purposes of density calculation. Additionally, there must be compliance with all the following:

1. The property has sufficient wastewater capacity as certified by the Department of Public Works; and,

2. The unit does not consist of more than 800 900 sq.ft., or 30 percent (30%) of the Gross Floor Area of the principal home, whichever is greater; and,

3. Applicable setback and coverage requirements are met, except as provided for in Sec. 5.2.3 (b) 10; and,

4. A deed or instrument for the property shall be entered into the land records by the owner containing a reference to the permit granting the accessory unit prior to the issuance of the certificate of occupancy for the unit. Such reference shall identify the permit number and note that the property is subject to the permit and its terms and conditions including owner occupancy. No certificate of occupancy shall be issued for the unit unless the owner has recorded such a notice.

(b) Discontinuance of Accessory Units: As written.


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.


Accessory Dwelling Unit or Apartment: An efficiency or one-bedroom apartmentA dwelling unit that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation.


Footnotes: 1. – 32. As written.

i. As written.

Legend: As written.

* Material stricken out deleted.

** Material underlined added.

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