Burlington, VT Accessory Structures: ADU Rules (2026)
ADU rules in Burlington, VT, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Authority
- CDO Section 5.4.5
- By-Right ADU
- One per owner-occupied
- Maximum Size
- 30% primary or 900 sq ft greater
- Parking Waived
- Stacked allowed
- Coverage Exempt
- 650 sq ft with stormwater
- Occupancy
- Primary or ADU owner-occupied
- State Law
- Act 47 24 V.S.A. 4412
Summary
Burlington permits one accessory dwelling unit (ADU) by right on any lot containing an owner-occupied single-family dwelling, under Section 5.4.5 of the Burlington Comprehensive Development Ordinance (CDO). The ADU may be internal to the home, attached, or located in a detached accessory structure. Maximum size is 30% of the gross floor area of the primary home or 900 square feet, whichever is greater. No additional off-street parking is required. Up to 650 square feet of an ADU footprint may be exempt from the lot coverage limit if storm water impacts are mitigated. Burlington's regulations align with Vermont's statewide ADU mandate at 24 V.S.A. Sec. 4412(1)(E), which requires every Vermont municipality to allow at least one ADU per single-family lot.
Accessory dwelling units (ADUs) are apartments located within or on the same property as a single-family, owner-occupied home. ADUs are often located above a garage, in a basement, or as a backyard cottage, and have been utilized widely in cities across the US and here in Burlington as a tool for older adults to remain in their homes as they age, to create housing for an elder or a dependent, and provide homeowners with a way to offset housing costs. Summary of ADU Ordinance Changes from ZA-20-03 Accessory Dwelling Units adopted on February 18, 2020 Streamline permitting Creating an ADU no longer a primary reason for a project to go to DRB; Remove conditional use requirement for creating an ADU. Why: To ensure that no more stringent standards apply to an ADU than a new garage, provide predictability in permitting costs and timeline. Eliminate Parking Requirement No parking space required for an ADU, allow stacked parking for ADU's. Why: Eliminating the requirement enables an owner to determine if parking is needed or desired as it influences cost and other site constraints. Many lots cannot accommodate an additional parking space, effectively prohibiting them from building an ADU. Increase max ADU size 30% of gross floor area of primary home, or 900 sq. ft., whichever is greater. Why: Many single-family homes especially in older neighborhoods are small and would not be able to accommodate an ADU for the desired uses at the previous 30% standard. This change allows up to 900 sq. ft. for an ADU for all single-family homes. Provide additional lot coverage Up to 650 sq. ft. of lot area exempt from lot coverage limit if storm water impacts are mitigated.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
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.
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).
Violations & Fines
Constructing or occupying an ADU without a zoning permit violates the Burlington CDO. Enforcement under Article 8 of the CDO and 24 V.S.A. Sec. 4451 may include notices of violation, stop-work orders, and civil fines. Vermont's municipal land use enforcement statute authorizes fines of up to $200 per day for each day the violation continues, recoverable in the Vermont Judicial Bureau or Superior Court. Operating an ADU as a short-term rental without meeting Burlington's STR zoning standards (including required parking and owner occupancy of the primary home) is a separate violation.
Frequently Asked Questions
Are ADUs allowed in Burlington, Vermont?
How large can an ADU be in Burlington?
Do I need to add a parking space for my Burlington ADU?
Sources & Official References
- [1]https://www.burlingtonvt.gov/772/Accessory-Dwelling-Units
- [2]https://www.burlingtonvt.gov/DPI/CDO
- [3]https://www.burlingtonvt.gov/DocumentCenter/View/5027/FAQs-About-Zoning-for-ADUs-PDF
- [4]https://legislature.vermont.gov/statutes/section/24/117/04412
- [5]https://legislature.vermont.gov/Documents/2024/Docs/ACTS/ACT047/ACT047%20As%20Enacted.pdf
Other rules in Burlington
How Burlington compares: Easiest Cities to Build an ADU·Compare Burlington to another location·View the Vermont accessory structures overview
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