Burlington Zoning Ordinance

ARTICLE 1: GENERAL PROVISIONS

Sec. 1.1.1 Title. This Appendix shall be known and may be cited as the Burlington Zoning Ordinance.

Sec. 1.1.2 Intent and Purpose. It is the intent and purpose of this ordinance to encourage the appropriate development of all lands in Burlington and its environs in a manner which will promote the public health, safety against fire, floods, explosions and other dangers; to promote prosperity, comfort, access to adequate light and air, convenience, efficiency, economy and general welfare; to enable the mitigation of property taxes on agricultural, forest and other environmentally significant lands; to encourage appropriate architectural design and the conservation and protection of historic resources; to encourage the development of renewable resources; to protect residential, agricultural and other areas from undue concentrations of population, overcrowding of land and buildings, traffic congestion, inadequate parking and the invasion of inappropriate through traffic and from the loss of peace, quiet and privacy; to facilitate the growth of Burlington and its neighborhoods so as to create an optimum environment, with good urban and civic design; to encourage development of a rich cultural environment and to foster the arts; and to provide for the minimization and future elimination of such land development problems as may presently exist or which may be foreseen.

Sec. 1.1.3 Authority. This ordinance is adopted pursuant to the authority contained in the Vermont Municipal and Regional Planning and Development Act, also designated as Title 24, V.S.A. Chapter 117. Whenever any provision of this ordinance refers to or cites a section of Title 24 V.S.A. Chapter 117 and this section is later amended or superseded, the ordinance shall be deemed to refer to the amended section or the section that most nearly corresponds to the superseded section.

Sec. 1.1.4 Jurisdiction. This ordinance shall be effective for all land parcels within the City of Burlington.

Sec. 1.1.5 Relationship to Existing Regulations. To the extent that the provisions of this ordinance are the same in substance as the previously adopted provisions that they replace in the city's zoning and/or subdivision regulations, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this ordinance merely by the repeal of the zoning ordinance or other applicable regulations. Likewise, any situation for which a lawful zoning permit was not obtained under the previously adopted zoning ordinance shall be deemed to be in violation of this ordinance.

Sec. 1.1.6 Relationship to Municipal Development Plan. It is the intention of the legislative body that this ordinance implement the planning policies adopted for the city as reflected in the Municipal Development Plan and other planning documents. While the legislative body reaffirms its commitment that this ordinance and any amendment to it be in conformity with adopted planning policies, the legislative body hereby expresses its intent that neither this ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

Sec. 1.1.7 No Use of Land or Buildings Except in Conformity With Ordinance. Except as otherwise provided in Article 20, no person may use or occupy any land or buildings or authorize or permit the use or occupancy of land or buildings under his or her control except in accordance with the applicable provisions of this ordinance. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

Sec. 1.1.8 Fees. Reasonable fees sufficient to cover the costs of administration, plan review and consultation, inspection, enforcement, publication of notice and similar matters may be charged to applicants for zoning permits, certificates of appropriateness, zoning amendments, conditional use approvals, variances and other administrative relief. The amount of fees charged shall be as set forth in the city's budget or as established by resolution of the legislative body. Any application shall be deemed incomplete until such time as all applicable fees are paid.

Sec. 1.1.9 Greater Restrictions. Where this ordinance imposes a greater restriction upon the use, height, setback and the area of structures or the use of premises than is imposed by other ordinances, the provisions of this ordinance shall control. Where one provision of this ordinance conflicts with another provision within this ordinance, the more restrictive shall apply unless otherwise specified.

Sec. 1.1.10 Severability. It is hereby declared to be the intention of the legislative body that if any section, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance.

Sec. 1.1.11 Computation of Time. Where an event is required or permitted to occur by this ordinance before, on or after a specified period of time measured from another event, in calculating the period:

1. The first day shall not be counted;
   
   
2. The final day shall be counted; and
   
   
3. Weekend days and holidays shall be counted.

Sec. 1.1.12 Effective Date. The provisions in this ordinance were adopted on December 13, 1993 and became effective on April 11, 1994.

End of Article 1: General Provisions