Burlington, VT Accessory Structures: ADU Rules (2026)

Section 5.4.5 of the Burlington Comprehensive Development Ordinance governs accessory dwelling units. An ADU is defined as an efficiency or one-bedroom apartment that is subordinate to the primary single-family dwelling and includes facilities for independent living - sleeping, food preparation, and sanitation. ADUs are permitted by right (no Development Review Board conditional use review) on any lot with an owner-occupied single-family home in residential and mixed-use zoning districts. The maximum unit size is the greater of 30% of the primary home's gross floor area or 900 square feet. Either the primary dwelling or the ADU must be occupied by the owner. The 2020 CDO reform package (ZA-20-03, adopted February 18, 2020) eliminated the additional off-street parking requirement for ADUs and allowed stacked parking. A subsequent amendment (ZA-21-08) incorporated changes to the state enabling statute and clarified the lot coverage exemption: up to 650 square feet of ADU lot area may be exempt from the district lot coverage limit when storm water impacts are mitigated. ADUs used as short-term rentals must additionally satisfy Burlington's short-term rental zoning requirements, including the off-street parking requirement and owner occupancy of the primary residence. Vermont's HOME Act (Act 47 of 2023, S.100) further amended 24 V.S.A. Sec. 4412 to require all municipalities to permit ADUs and prohibit owner-occupancy or off-street parking conditions that exceed those for the primary dwelling. Zoning permits are administered by the Department of Permitting & Inspections (DPI).