Burlington Zoning Ordinance

Article 30: Definitions

Sec. 30.1.1 Miscellaneous. For the purpose of this ordinance,

1. Words used in the singular include the plural and words used in the plural include the singular.
   
   
2. Words used in the present tense include the future.
   
   
3. The word "shall" is mandatory and not merely directory.
   
   
4. The word "building" includes "structure".
   
   
5. The word "lot" includes the word "plot".
   
   
6. The word "land" includes the words "marsh", "wetland" and "water".

Sec. 30.1.2 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.

Accessible unit

A housing unit designed, constructed or altered such that the unit is located on an accessible route and can be approached, entered and used by an individual regardless of any disabilities an individual may have, as set forth in the specifications of the American National Standards Institute's "Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People, A117.1-1986," or the latest edition thereof.

Accessory building or use

A use or detached building that:

1. Is clearly incidental to and customarily found in connection with the principal use or building;
   
   
2. Is subordinate to and serves a principal use or building;
   
   
3. Is subordinate in area, extent, or purpose to the principal use or building served and not to exceed twenty-five (25) per cent of the gross floor area of the principal use; and
   
   
4. Is located on the same lot as the principal use or building served. Accessory structures, such as doghouses, doll houses, or tree houses, less than or equal in the aggregate to a total of sixteen (16) square feet in area shall not require a zoning permit.
   
   

Affordable housing

See Low or moderate-income housing.

Affordable units

See Low or moderate-income housing.

Agriculture

The use of land for the production of plant or animal materials, including fields, pastures, wood lots, horticultural activities, farms, grazing, truck gardening, and raising and storing corps, but not including piggeries and fur farms; provided that no animals are permitted to graze or to be stabled closer than two hundred (200) feet to a zoning district boundary or lot line.

Alteration

Alteration means the rearrangement of interior space, including the addition of walls, halls, steps, elevators, escalators, the rearrangement of the exterior bearing walls, including new doors, wind exits or facades; but not including ordinary maintenance or repairs.

Amusement arcade

An indoor or outdoor area or structure open to the public, which contains coin operated games and similar entertainment and amusement devices.

Apartment

A dwelling unit in a building containing more than two dwelling units or a dwelling unit in a mixed-use building.

Apartment house

A structure containing three or more apartments.

Aquarium

An establishment where aquatic collections of living organisms are kept and exhibited.

Assisted housing

See Low or moderate-income housing.

Average monthly utilities cost

See Low or moderate-income housing.

Bar, cafe

A restaurant whose primary business is the sale of alcoholic beverages.

Basement

A portion of any building located partly underground but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Bed and Breakfast

An owner-occupied residence, or portion thereof, in which no more than three short-term lodging rooms are rented and where only a morning meal is provided to guests.

Bedroom

See Low or moderate-income housing.

Boarding or rooming house

A building or premises where rooms are let to individuals, other than transients, and where meals may be regularly served in a common dining area for compensation. Hotels, motels, apartment houses, inns, tourist homes and/or lodging, houses shall not be considered boarding or rooming houses.

Building height

The vertical distance measured from the mean level of the street frontage of the building to the highest point on the finished roof, including mechanical devices in the case of a flat roof, and the average height of the rise, including, mechanical devices, in the case of a pitched or similarly sculptured form. See Sec. 5.3.19 for specific height calculation provisions.

Building inspector

The administrative officer of the building code for the City of Burlington.

Building lot

A building lot is that area of land described in an application for a building permit or an application to the development review board for a permit or a variance, or otherwise defined as the area on which a structure is to be constructed or a certain use is to be carried on. A building lot shall not include any part of a street that is relied upon to qualify the lot as to frontage.

Certificate of inclusionary zoning

See Low or moderate-income housing.

Club, membership

Buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose, but not primarily for profit or to tender a service that is customarily carried on as a business. Specifically excluded are fraternities and sororities.

Commercial use

Any business use, mercantile use or place of assembly; excluding bars, cafes, gasoline service stations and repair garages.

Community center

A common building within a residential development which provides a focus for recreational, neighborhood commercial, educational and cultural activities for the residents of that immediate neighborhood.

Community house

A community house is a residential dwelling unit where individuals are not handicapped as per the Federal Fair Housing Act but where, due to the particular needs of the resident individuals, a joint living arrangement is necessitated and where the individuals are under sponsorship or care of a public, nonprofit or for profit agency where the sponsor or caretaker provides, or arranges for, the provision of varying degrees of personal supervision and/or care in a residential environment, such as a halfway house, a personal care residence, a community transitional facility, or any other such facility that provides such services.

The following are not community houses: group homes, fraternities, sororities, dormitories, convents, communes, apartments, boarding and rooming houses, tourist homes, and hotels and motels. Community houses shall be considered a conditional use in any residential district and subject to all applicable provisions pertaining to conditional uses.

In addition to conditional use standards of Article 17, proposals for new community houses shall comply with the following requirements:

1. Density shall not exceed 1 person per two hundred (200) square feet of gross floor area;
   
   
2. Parking shall be required as per Article 10;
   
   
3. All lot requirements of Article 5 shall be applicable; and
   
   
4. Minimum distances (lot line to lot line) between community house:
   
   

Total Number of Occupants (beds) for Largest of the Community Houses	Radial Distance in feet
6 or less	0
7 - 12	500
13 - 20	1000
21+	1500

Conditions

Those conditions required in this article which must be met prior to the issuance of a zoning permit or certificate of occupancy.

Convalescent home

A health center or home where patients or boarders are given custodial or chronic medical, psychiatric or psychological care and may include patients receiving counseling from public and semipublic agencies but shall exclude acute care on a continuing basis.

Convenience store

A retail store no larger that 5000 gross square feet that is open extended hours and that typically sells limited lines of groceries, household items, snacks and may include the sale of gasoline or other motor fuel, and is intended for the convenience of the surrounding neighborhood. The area for the sale of gasoline shall not exceed the lesser of 1.850 s.f. or 50% of the gross floor area of the enclosed convenience store. The area for the sale of gasoline is determined by the total square footage occupied by pumps, pump islands and vehicular space(s) at a pump filling station. Notwithstanding the foregoing, gas pumps at convenience stores shall not be allowed in the WFCN, WFCW, WFCE and WFCT zones.

Conversion to a nonresidential use or conversion

See low or moderate-income housing.

Day care center

1. Family day care home: A state-registered or licensed daycare facility serving up to six (6) pre-school plus four (4) school-aged children. A family day care shall be considered by right to constitute a permitted accessory use to single detached dwellings.
   
   
2. Small day care center: A residential use conditionally permitted with site plan review. In addition to the conditional use criteria and site plan review standards, the following findings must be made:
   1. No playground equipment is located within the front yard.
   2. No more than twenty (20) full-time children are served.
   3. The site plan review shall insure adequate and safe drop-off-pickup space is provided and that traffic problems are not created.
   4. Any additions, signage or site improvements shall be residential in character.
   5. The facility is licensed or registered by the State of Vermont.
   6. The use, as a small day care center, shall constitute a residential use and any conversion to change to a non-residential use shall be considered as such and shall be required to meet the requirements of Article 15, Housing Replacement.
   7. No more than one residential unit may be converted for any single small day care center.
   8. Tenant relocation requirements as per Article 15, Housing Replacement, shall be met. The seller or converter of the unit shall be responsible for any tenant relocation costs.
   9. The neighborhood is not overburdened with other day care centers.
      
      
3. Large day care center: A state-licensed facility providing day care services for children without regard to the number of children served shall be:
   1. A permitted use in a commercial or industrial zoning district.
   2. A conditional use in residential districts.
   3. Considered a nonresidential use and subject to the requirements of Article 15, Housing Replacement.
   4. Large day care centers shall be subject to the parking requirements of Article 10.
      
      

Demolition

See Low or moderate-income housing.

Design review

Design review is the review of height, bulk, open space, massing, traffic access, circulation, parking, landscaping and all other site and architectural features.

Development Review Board or Board

The development review board of the City of Burlington, Vermont. The board has 7 members and 2 alternate members. The responsibilities of the board includes, but is not limited to, review of all development projects in the City of Burlington.

Duplex

A structure designed and constructed for two (2) separate living units, regardless of the type of construction.

Dwelling

A building or portion thereof used exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings, but not including hotels and boarding or lodging houses.

Dwelling unit

A room or set of rooms fitted with a private bath, kitchen, and living facilities comprising an independent, self-contained dwelling space occupied by a family and where rooms are not let to individuals. Bathroom, kitchen and living facilities must be separate and distinct from bedroom facilities. Each bedroom must contain a minimum square footage consistent with the current minimum housing standards. Separate bathroom facilities will be deemed to exist only when it is possible to access such bathroom facilities without passing through a room which is designated as a bedroom. If there is more than one meter for any utility, address to the property, or kitchen; or if there are separate entrances to rooms which could be used as separate dwelling units: or if there is a lockable, physical separation between rooms in the dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit, multiple dwelling units are presumed to exist; but this presumption may be rebutted by evidence that the residents of the dwelling share utilities and keys to all entrances to the property and that they (A) share a single common bathroom as the primary bathroom or (B) share a single common kitchen as the primary kitchen. Each dwelling unit must have a minimum of one hundred eighty (180) square feet of parking space on the premises for every two occupants thereof, such parking area may not be in the front yard.

Dwelling unit, single detached

Free standing residential structure containing a single family unit occupied by a single nonprofit housekeeping unit, but not including group quarters; see definition of "family" and where rooms are not let to individuals.

Estimated cost calculation

Fees are calculated based upon building construction, alteration, and/or site improvement expenses. Not included in this figure is the purchase price of the land and the final interior finishes relative to a specific tenant, i.e. specialized equipment, finishes, furniture, drapes, etc.

Family

One or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit, but not including group quarters such as dormitories, sororities, fraternities, convents, and communes. Occupancy by any of the following shall be deemed to constitute a family:

1. Members of a single family, all of whom are related within the second degree of kinship (by blood, adoption, marriage or civil union).
   
   
2. A "functional family unit" as defined in (a) below.
   
   
3. Persons with disabilities as so defined in Title VII of the Civil Rights Act of 1968, as amended by the "Fair Housing Amendments Act of 1988".
   
   
4. A state registered or licensed day care facility serving six or fewer children as required by 24 V.S.A. 4409(2), as the same may be amended from time to time.
   
   
5. No more than four unrelated adults and their minor children.
   
   

Provided that a dwelling unit in which the various occupants are treated as separate roomers cannot be deemed to be occupied by a family.

For purposes of this definition of family, a group of adults living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods shall be regarded as a "functional family unit" and shall also qualify as a family hereunder.

1. In determining whether or not a group of unrelated adults is a "functional family unit", under the standard set forth above, the following criteria must be present:
   1. The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
   2. The household must have stability with respect to the purpose of this chapter. Evidence of such stability may include but not be limited to, the following:
      1. Minor dependent children regularly residing in the household, and school age children are enrolled in local schools.
      2. Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food.
      3. Whether or not different members of the household have the same address for purposes of:
         1. Voter registration
         2. Drivers' licenses
         3. Motor vehicle registration
         4. Summer or other residences
         5. The filing of taxes
      4. Common ownership of furniture and appliances among the members of the household.
      5. Employment of householders in the local area.
      6. A showing that the household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units.
      7. Any other factor reasonably related to whether or not the group or persons is the functional equivalent of a family.
         
         
2. The initial determination of whether a "functional family unit" status exists shall be made by the Code Enforcement Office (CEO). The burden will rest upon the individuals claiming "functional family status" to submit information to the CEO to substantiate their claim. Some of the information provided to the CEO as part of a "functional family unit" status request, as well as the CEO's initial determination, may be highly confidential and, thus, will be maintained in a separate "red envelope" in the property file. It will be left to the CEO to determine whether the information is sensitive enough to be retained in the "red envelope". Information maintained in the "red envelope" will be considered confidential and thus used only by the CEO. Access to the "red envelope" by persons outside of the CEO will only be allowed under court order or during litigation regarding said property.
   
   

Finished Grade

A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six (6) feet from the building, between the building and point six (6) feet from the building. When the finished grade is lower than the preexisting natural grade, the finished grade may be measured from the grade at the front lot line. (Zoning Amendment 96-01, Effective 7/10/96)

Floor area ratio

The ratio of gross floor area to gross site area.

Frontage

That portion of the lot which abuts on a public street or way, the width of which shall be measured along the front building line across the width of the lot.

Garage

A building or structure or a portion thereof in which motor vehicles or equipment are housed.

1. Garage, private: a garage, but not for commercial repair of vehicles or the storage of any motor vehicles having a gross weight of more than six thousand (6,000) pounds or rental of more than two (2) stalls.
   
   
2. Garage, public: a garage, other than a private garage, as defined above, used or designed to be used for storage, repair, sale or lease, service or maintenance of motor vehicles or equipment.
   
   

Gross floor area

The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics if said areas are not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of the ordinance. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Gross site area

The total lot area.

Group home

A residential dwelling unit occupied by unrelated individuals as a single nonprofit housekeeping unit only if all said occupants, with the exception of supervisory personnel, are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Act of 1988". Such unrelated individuals shall have the right to occupy a residential dwelling unit in the same manner and to the same extent as any family unit as defined in this article.

Historic Inn

An existing building located on a single lot of record as of January 1, 1996, meeting the one-half acre minimum lot size may be used as an historic inn, which has the primary use of housing overnight guests, in compliance with the following requirements:

1. The subject building(s) involved shall be an Historic Site or located in an Historic District as listed in Article 8, or shall be listed in the United States Department of the Interior National Register of Historic Places, or shall be listed on the State of Vermont Historic Sites and Structures Survey.
   1. Any exterior modifications to the structure, including but not limited to mechanical and ventilation equipment, shall be subject to the design review criteria in Article 6 and the additional historic review criteria in Article 8. No new structural additions to existing buildings in order to accommodate its use as an historic inn are allowed.
      
      
2. The lot of record shall be a minimum of one-half (1/2) acre in size and located on a major street as listed in Table 5-E.
   
   
3. Where an Historic Inn is a conditional use, as listed in Table 5-A, a person as their primary residence who is an owner of the property or of the business shall occupy the premises. For purposes of this subsection only, an owner is defined as someone who holds, at least, a 25% ownership interest in the property or in the business.
   
   
4. There may be common dining facilities for overnight guests and their guests. Where an Historic Inn is a conditional use, regular meals may be limited if so determined by the development review board.
   
   
5. Where an Historic Inn is a permitted use, ancillary events are allowed. Where an Historic Inn is a conditional use, ancillary events may be allowed, but shall be limited to indoor business meetings and meals in conjunction with those meetings for overnight guests and no more than four (4) invited guests. However, if a conditional use, the development review board may determine that no ancillary meetings shall be allowed.
   
   
6. Parking.
   1. All parking shall be accommodated in an on-site parking area in low-density residential districts (RL and WRL). The location and installation of a parking area is subject to all applicable provisions of this ordinance and is subject to Article 7, Site Plan Review. Further, in addition to the review of development review board, a recommendation on the site plan from the Design Advisory Board is required.
   2. Parking requirements: one (1) space per guestroom plus two (2) for the residential occupancy and one (1) per six (6) guestrooms for staff. No additional parking above the required number of spaces shall be allowed. The development review board as allowed under Sec. 10.1.19 may waive the requirement for staff.
   3. Full setback requirements as for a principal structure shall be applied to new parking areas in low density residential districts (RL and WRL); and
   4. All parking shall be adequately screened from neighboring properties and the street.
      
      
7. Site lighting is not encouraged. However, if exterior lighting, including but not limited to building mounted lights, is proposed, it shall be subject to review and approval of the development review board with recommendations from the Design Advisory Board.
   
   
8. The maximum number of guestrooms allowed for historic inns shall be based on a density of twelve (12) rooms per acre or six (6) rooms per 1/2 acre. However, if a conditional use, the development review board, as part of its review, may determine that a lesser number of rooms are appropriate, based on its evaluation of the impact of the proposed use on neighboring properties and traffic on nearby streets. (Zoning Amendment 96-02, Effective 9/11/96)
   
   

Home occupation

An accessory use of a dwelling unit for gainful employment involving the provision of services or the fabrication of goods. Home occupations are subject to all the procedures, conditions and standards of Article 12.

Hotel, inn motel, or lodging house

A single building, or portion thereof on a single lot, intended to be used for the temporary occupancy of four (4) or more individuals, who are lodged, with or without meals, and in which provision for cooking may be made in a central kitchen, but may not be in the individual rooms or suites.

Housing, elderly

Housing that is designed for, and is occupied primarily by, those persons sixty (60) years of age or older.

Housing unit

See Low or moderate-income housing.

Inclusionary unit or affordable inclusionary unit

See Low or moderate-income housing.

Junkyard

Land or buildings used for the collection, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collection, wrecking, dismantling, storage, salvaging and sale of machinery parts or vehicles not in running condition.

Kennel or coop

Accessory building or enclosure for the keeping of domestic pets of the residents, limited to three (3) or less such pets or animals three (3) months or older in age.

Lakefront

Lake front or lakeshore means the water's edges of Lake Champlain at mean low water unless otherwise defined.

Landscaped open space

Lot area(s) which includes grass, ground covers, gardens, shrubs, trees and natural areas. Landscaped open space shall not include parking or drives.

Legislative Body

The Burlington City Council with Mayor presiding.

Limited equity housing unit

See Low or moderate-income housing.

Loading space, off-street

An off-street space or berth, on the same lot with building for the temporary parking of vehicles while loading or unloading merchandise or material, and which has access to a street, alley or other appropriate means of ingress and egress.

Lot, corner

A lot abutting on two (2) or more streets at their intersection.

Low-income household

See Low or moderate-income housing.

Low or moderate-income housing - Article 14

1. Affordable housing: A housing unit for which the monthly rent, monthly carrying charge, or monthly mortgage payment plus the average monthly utilities cost does not exceed thirty per cent (30%) of household income adjusted for household size. A household size of 1.5 shall be used in determining whether a one- (1) bedroom unit is affordable housing. A household size of 3, 4, 5 and 6, respectively, shall be used in determining whether a two (2) bedroom unit or a four (4) bedroom unit is affordable housing.
   
   
2. Affordable units: Units for which the rent or carrying charges, including utilities paid by the tenant or co-op member, shall not exceed thirty per cent (30%) of household income or for which carrying charges paid by the owner-occupant (including mortgage payments, taxes, condominium fees, and insurance) shall not exceed thirty percent (30%) of the household's income.
   
   
3. Assisted housing: A housing unit that is made affordable housing for a household with an annual income that is halfway between the annual income of a very low-income household and the annual income of a low-income household.
   
   
4. Average monthly utilities cost: The Section 8 housing allowances for tenant-furnished utilities and other services for the Burlington MSA, as promulgated from time to time by the Burlington Housing Authority, and as adjusted for building type, unit size, and the type of utilities and services actually provided in a particular housing unit.
   
   
5. Bedroom: A room located within a housing unit that is used primarily for sleeping purposes by human occupants and that contains at least seventy (70) square feet of floor area.
   
   
6. Certificate of inclusionary housing compliance: A certificate approved by the Department of Planning and Zoning, in consultation with the Community and Economic Development Office, which certificate provides legal assurance that a developer's obligations under this article will be satisfied.
   
   
7. Conversion to a nonresidential use or conversion: A change in character of any housing unit, whether occupied or vacant, from a residential to a nonresidential use. A change in character lasting less than one (1) year, where residential use is restored within that same one (1) year period, shall not be subject to the replacement requirements of Article 15.
   
   
8. Demolition: The destruction of any housing unit. Such destruction shall not include the alteration and continued exclusive residential use of a multi-unit residential structure that results in a net loss of housing units.
   
   
9. Housing unit: Any "dwelling unit" or "rooming unit", as defined by Chapter 18 of the Burlington Code of Ordinances. This shall not include units for the temporary occupancy of patients or guests in a hospital, hotel, motel or convalescent facility unless the same tenant customarily occupies for such units more than sixty (60) days. Any four- (4) "rooming units" shall be considered a single housing unit in applying the housing replacement requirements of Article 15.
   
   
10. Inclusionary unit or affordable inclusionary: Any dwelling unit within any covered project that is made affordable pursuant to Article 14 of this ordinance.
    
    
11. Limited equity housing unit: Any unit in which the occupant possesses an ownership interest and which is kept affordable for low- or moderate-income households through restrictions upon equity accrual of the occupant's ownership interest.
    
    
12. Low-income household: A household with income not exceeding eighty percent (80%) of median income for the Burlington MSA, as set forth in regulations promulgated from time to time by the U.S. Department of Housing and Urban Development pursuant to 42 U.S.C. Section 1437 et seq.
    
    
13. Luxury rental housing: A housing unit that has rented, for the twenty-four (24) months preceding the date of application for conditional use approval, for a monthly charge in excess of twice the HUD Fair Market Rent for the Burlington MSA, adjusted for unit size.
    
    
14. Market unit: Any dwelling unit available for rental or purchase which is not an inclusionary unit or affordable inclusionary unit, as defined herein. Low or moderate-income.
    
    
15. Median income: The income for the Burlington MSA set forth in or calculated by regulations promulgated by the United States Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. The median income that is current on the first day of March of any year shall be used throughout the subsequent twelve (12) months in calculating the general requirements for affordable housing under Article 14.
    
    
16. Moderate-income household: A household having an income not exceeding one hundred ten per cent (110%) of median income for the Burlington MSA, as set forth in regulations promulgated from time to time by the U.S. Department of Housing and Urban Development pursuant to 42 U.S.C. Section 1437 et seq.
    
    
17. Notice to tenants: The written notice, which an owner is required to send by certified and by either regular mail or hand delivery to the current tenants of any housing unit that is slated for demolition or conversion to a nonresidential unit, announcing the owner's intent to demolish or convert the unit to nonresidential use.
    
    
18. Owner: Any person, firm, partnership, association, joint venture, corporation or other entity or combination of entities who along, jointly or severally with others holds legal or equitable title to any housing unit.
    
    
19. Person: Any individual, corporation, business trust, estate trust, partnership, association, or any other entity or combination thereof.
    
    
20. Planned residential development (PRD): A subdivision planned and developed as an entity under single land ownership which does not correspond in lot size, bulk or type of dwelling, or required open spaces to the regulations in which district it is situated as established by this ordinance, regardless of whether by law or fact the area is to be utilized by separate entities, functions or households.
    
    
21. Rental housing unit: Any housing unit, as defined herein, which is rented out as a residence by another for compensation, pursuant to a lawful lease or rental agreement, whether oral or written, express or implied.
    
    
22. Substantial rehabilitation: Any rehabilitation of an existing structure that requires an investment equal to at least fifty per cent (50%) of the structure's total replacement cost.
    
    
23. Tenant: Any person who occupies a rental housing unit pursuant to a lawful lease or rental agreement, whether oral or written, express or implied. Two (2) or more persons who live together in a rental housing unit shall be considered one (1) tenant for purposes of this section.
    
    
24. Very low-income household: A household having an income not exceeding fifty percent (50%) of median income for the Burlington MSA, as set forth in regulations promulgated from time to time by the U.S. Department of Housing and Urban Development pursuant to 42 U.S.C. Sec. 1437 et seq.
    
    

Luxury rental housing

See Low or moderate-income housing.

Marina

Facility for berthing, rental, repair, fueling and sale of recreational marine craft; excludes building, repair, dry-dock storage of craft in residential district.

Market unit

See Low or moderate-income housing.

Median income

See Low or moderate-income housing.

Moderate-income household

See Low or moderate-income housing.

MSL

Mean sea level.

Non-complying structures

Non-complying structure means a structure or part thereof not in conformance with the zoning regulations covering building bulk, dimensions, height, area, parking, yards or density, where such structure conformed to all applicable laws, ordinances and regulations prior to enactment of such zoning ordinance.

Non-conforming use

A non-conforming use of land or building is an existing use of land or building which does not conform to the use regulations for the district in which such use of land or building exists and which legally existed at the time of the adoption of the regulations to which it does not conform.

Notice to tenants

See Low or moderate-income housing.

Ordinary high water mark

The elevation of one hundred (100) feet above mean sea level.

Owner

See Low or moderate-income housing.

Parking, Surface

See Surface Parking.

Planning Commission or Commission

The planning commission of the City of Burlington, Vermont.

Performance bond

In lieu of the completion of the required improvements, the Development Review Board may require from the owner for the benefit of the city, a performance bond issued either by a bonding or surety company approved by the legislative body or by the owner with security acceptable to the legislative body, in an amount sufficient to cover the full cost of said required improvements and their maintenance for a period of two (2) years after completion as is estimated by the Development Review Board or such municipal departments or officials as the board may designate. Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required within the period fixed in the regulations for such completion, and for the maintenance thereof for a period of two (2) years after completion.

Person

See Low or moderate-income housing.

Public use

A use that is owned and operated by a public agency.

Quasi-judicial

Having a partly but essential judicial character by possession of the right to hold hearings on and conduct investigation into items dealing with rules and regulations and to make decisions in the general manner of courts.

Record grade

Existing grade of the roadway surface at the curb line, or if no curb, at the edge of the roadway pavement. (Zoning Amendment 04-02, Effective 7/7/04)

Recreational pier

A structure built into or out over the water and used as a landing place for boats, promenade or entertainment/recreational area.

Rental housing unit

See Low or moderate-income housing.

Restaurant, including bars, cafes, and caterers

Any food service establishment subject to Vermont Health Regulations which prepares and serves food for consumption on premises; and including those establishments whose primary business is the sale of prepared food for consumption off the premises. Bars and cafes are further defined as restaurants whose primary business is the sale of alcoholic beverages.

Satellite dish antenna

A solid, open mesh, or bar configured device, often with the shape of a shallow dish, cone, horn, or cornucopia, for the purpose of transmitting and/or receiving radio or electromagnetic waves between terrestrially and/or orbitally based uses. Satellite dish antennas larger than 24 inches in width or diameter are subject to regulation as specified in Article 4, Sec. 4.1.3. (a) and Article 5, Sec. 5.3.13(d). Any satellite dish equipment less than 24 inches in diameter in the aggregate on a single structure or lot shall not be considered a satellite dish antenna for the purposes of this ordinance, and is not subject to regulation as such. (Zoning Amendment 95-04, Effective 2/7/96)

Semipublic use and buildings

Semipublic use includes churches, membership clubs and, other nonprofit operations. Private nursery schools are specifically determined not to be a semipublic use.

Sign

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from a public-street or right-of-way and used to attract attention.

1. Business Sign: An on-premises sign that directs attention to any primary business, commodity, service, industry or other activity, which is sold, offered or conducted on the premises.
   
   
2. Clear Sight Triangle: The area formed by the intersecting street lines and a straight line joining said street lines at points twenty-five (25) feet distant from the point of intersection of the street lines, measured along said street lines. No sign, except an official sign more than three (3) feet above the established street grades, shall be erected in the clear sight triangle.
   
   
3. Directly Illuminated Sign: A sign, which emits light from a source within such sign directly or through transparent or translucent material, including but not, limited to, neon and exposed lamp signs.
   
   
4. Festoon Lighting: A method of illuminating a structure with a group of incandescent bulbs hung or strung overhead or used to outline a structure or any part thereof.
   
   
5. Flashing Sign: An illuminated sign on which an artificial light is in a non-stationary position or is not constant in intensity or color at all times during use.
   
   
6. Freestanding Sign: A self-supporting sign resting on the ground or supported by means of poles or standards in the ground. The height of freestanding signs shall be measured from the official street grade to the top of the light standard or supporting standard, whichever is higher. Only one freestanding sign is permitted for each separate street frontage devoted to an establishment. A sign that stands without supporting elements, such as "sandwich sign" or interchangeable message board on wheels, is considered a freestanding sign.
   
   
7. Holiday Decorations: Holiday decorations displayed for and during recognized federal, state, or religious holidays shall be exempted from the provisions of this article except where they interfere with traffic safety or in any way becomes a public safety hazard.
   
   
8. Indirectly Illuminated Sign: A sign illuminated from an outside source so shielded that no direct rays are visible elsewhere on the lot. If such shielding device is defective, the sign shall be deemed to be a directly illuminated sign.
   
   
9. Institutions: Public and semipublic uses including, but not limited to, colleges, universities, hospitals, churches, membership clubs, and private colleges.
   
   
10. Kiosk: Any structure erected in a public place with approval of the Development Review Board for the specific purpose of displaying any sign to direct or inform pedestrians. Kiosks erected on city sidewalks shall not occupy more than twenty-five per cent (25%) of the total width of the sidewalk measured at the location of the kiosk. The maximum height of a kiosk shall not exceed nine (9) feet. Kiosks shall not unreasonably interfere with the normal flow of pedestrian traffic. A bus shelter may be used as a kiosk. Kiosks are to be distinguished from "free-standing signs" which are governed by Section 21-5 of Chapter 21 of the Burlington Code of Ordinances.
    
    
11. Noncomplying Signs: Any sign existing at the time of the passage of this section that does not conform in area, illumination, type, or height with the provisions herein. Such signs may remain in use in the same location. A noncomplying sign may be repaired and renovated, however it may not be moved or altered in any way except to bring the sign into complete or substantially greater compliance with this chapter, as allowed by Sec. 20.1.9(b).
    
    
12. Off-Premise Sign: A sign which advertises or otherwise directs attention to any commodity or activity sold, offered or conducted elsewhere than on the premises upon which such sign is located.
    
    
13. Official Sign: Any sign, including traffic signs and similar regulatory notices, erected by a duly constituted governmental body.
    
    
14. On-Premise Sign: A sign directing attention to an activity on the same premise.
    
    
15. Parallel Sign: A sign attached, painted or otherwise mounted parallel to a wall or other vertical building surface. Parallel signs shall not extend beyond the edge of any wall or other surface to which they are mounted and shall not project more than eighteen (18) inches from the surface thereof.
    
    
16. Projecting Sign: Any sign mounted to a wall or other vertical building surface other than a parallel sign. Signs connected to a canopy, awning or marquee that project more than 18 inches are considered to be projecting signs. The content must be affixed flat to such canopy, marquee or awning and is limited to announcing the name of the establishment or any on-premises show or event.
    
    
17. Roof Sign: A sign erected on or above the roof or parapet of a building. No sign or advertising device attached to a building shall project above the roof or parapet line no more than 12 inches out from the wall to which it is attached.
    
    
18. Sign Exemptions: Excluded from sign regulations are interior merchandising displays as well as displays of less than two (2) square feet which serve only to indicate the name and address of residential occupants.
    
    
19. Temporary Sign: A display, information sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other light material, with or without a structure frame, and intended for a limited period of display. The display of any such temporary sign(s) shall be limited to two nonconsecutive 30-day periods per calendar year. Any other sign shall be considered to be permanent as defined in Article 30, and shall be governed by Article 16.
    
    
20. Vehicular Sign: A sign affixed to any vehicle in such a manner that the display of such sign is a primary purpose of the vehicle. Any such sign shall be considered a freestanding sign.
    
    
21. Window Sign: A sign affixed to the window or placed within twelve (12) inches of the glass area.
    
    

Site plan review

The review of commercial, industrial or apartment uses subject to the same procedures and requirements as a subdivision in accordance with Chapter 67 of the Burlington City Ordinances and Article 7.

Small lots

Any lot of record in existence as of April 26, 1973 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 or depth dimension of forty (40) feet.

Sorority/Fraternity

A multiple dwelling used and occupied by a cooperating group of university or college students and containing and providing domestic and social facilities and services thereto.

Special exception

No special exception is allowed under the provisions of this ordinance and none shall be granted.

Street

A public way as defined in Section 1-2 of the Code of Ordinances of the City of Burlington, or a private way devoted to public use. The word "street" shall include the entire width between property lines of every way used for vehicular and pedestrian travel which has become public by authority of the law, and such ways on public places other than highways as the public is permitted to use for vehicular and pedestrian traffic.

Structure

Any construction, erection, assemblage or other combination of materials upon the land, including swimming pools necessitating pilings, footings or a foundation attachment to the land, and including paving (not including resurfacing).

Substantial rehabilitation

See Low or moderate-income housing.

Surface parking

Parking facilities that are at grade and uncovered or not within a structure. (See Amendments Index A-1; Zoning Amendment 94-01, Effective 4/8/94).

Temporary structures

See Article 4 Sec. 4.3.1.

Tenant

See Low or Moderate-income housing.

Tour-oriented manufacturing facility

A manufacturing and/or processing establishment in which public tours are accommodated and incorporated into the facility's ordinary operations and the retail sale of the products or goods produced on the premises accessory to the manufacturing activity. In no case, however, shall the noise, fumes, or odor emanating from the facility be heard or detected beyond the property boundary.

Tourist camp

Land used, or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise; or for temporary occupancy by house trailers, tents, or movable or temporary dwelling, rooms or sleeping quarters of any king.

Usable open space

Lot area(s) which enhance utility and amenity including improvements such as: recreational facilities, walkways, plazas, tennis courts, bikeways, boardwalks, recreational piers, sitting walls, fountains and works of art. Usable open space shall not include parking or drives.

Variance

Variance is allowed deviation from the physical dimensional requirments of this chapter as granted by the Development Review Board, but not to include any land use or density changes other than is specifically permitted under the provisions of this ordinance.

Very low-income household

See Low or moderate-income housing.

Waiver fee

A person "waives" or creates a "waiver" when that person relinquishes a specific right with respect to an action of the court. For purposes of this ordinance, when a party is issued a municipal complaint ticket with a penalty fee and also a waiver fee, that party may consent to no hearing and instead pay only the designated "waiver" fee and send the payment with the ticket form in accordance with the procedures of the Judicial Bureau. (See Amendments Index A-1; Zoning Amendment 02-04, Effective 11/6/02).

Warehouse

A building used for the storage of goods or materials. Warehouses may include the distribution of goods but do not include retail sale of goods.

Warehouse retail

A building used for the sale of goods, in bulk or as individual retail items, to the general public or to a membership.

Warehouse, self-storage or mini warehouse

A building consisting of individual, self-contained units that are leased or owned for the storage of business supplies and household goods. Business goods are limited to those not associated with any office, retail or other business or commercial use within the self-storage warehouse facility.

Waterfront pedestrian corridor

The waterfront pedestrian corridor is an area encouraged for dedication to the city by any applicant for a certificate of appropriateness in the waterfront design control district.

Yard

All open space, other than an enclosed court, on the same lot with a building or group of buildings, which open space lies between a building or group of buildings and a lot line.

1. Yard, front: The open, unoccupied space extending across the full width of the lot and lying between the street line of the lot and the nearest line of the building. The depth of a front yard shall be the minimum distance between the building and front lot lines, measured at right angles to the front line of the lot.
   
   
2. Yard, rear: The open, unoccupied space extending across the full width of the lot and lying between the rear lot line of the lot and the nearest line of the building. The depth of a rear yard shall be the minimum distance between the building and rear lot line, measured at right angles to the rear line of the lot.
   
   
3. Yard, side: The open, unoccupied space between the side lot line of the lot and the nearest line of the building, and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as may be. The width of a side yard shall be the minimum distance between the building and the side lot line, measured at right angles to the sideline of the lot.

End of Article 30: Definitions