Accessory Structures in Burlington, VT: What Residents Actually Need to Know

If you live in Burlington or are thinking about moving there, accessory structures are one of those things you probably won't think about until they affect you directly. Burlington has 2 specific rules on the books covering different aspects of accessory structures, and some of them might surprise you.

Shed Rules

Burlington Comprehensive Development Ordinance (CDO) Article 5 treats storage sheds as accessory structures incidental to a residential use. Sheds may encroach into rear and side yard setbacks if not taller than 15 feet, and accessory structure footprint is limited to a percentage of the principal structure's ground floor area. A zoning permit from the Department of Permitting and Inspections is required for new sheds.

Key details: Authority: Burlington CDO §5.2.5. Height Limit (Setback Encroachment): 15 feet. Allowed Encroachment: Rear and side yards only. Front Yard: Generally prohibited. Area Cap: Up to ~75% of principal ground floor.

Building a shed without a CDO zoning permit, exceeding 15 feet in height while encroaching into a yard setback, exceeding the accessory-structure area cap, or violating district lot coverage and impervious-surface limits is a zoning violation enforceable by the Department of Permitting and Inspections under CDO Article 8. Remedies include stop-work orders, retroactive permitting, removal of the structure, and fines. Sheds in design-review or historic districts built without the required Article 6 approval can face additional remedies, and sheds in wetland or shoreline overlay districts built without overlay review can be ordered removed.

ADU Rules

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.

Key details: 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.

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.

If you are coming from a city with tighter rules, you will find Burlington gives residents more flexibility on adu rules.

The Bottom Line

Burlington's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Burlington is broadly strict or permissive.

This guide is based on Burlington's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.