Planning Commission — Burlington, VT
Date: 2026-01-07
Time: 16:00

Burlington Planning Commission
 Wednesday, January 7, 2026, 4:00 PM

Remote & Virtual Meeting via Zoom
In person option available:
Bushor Conference Room (Room 102), 1st Floor of City Hall, 149 Church St.
To Join the Meeting on a Computer
https://zoom.us/j/91072079751?pwd=f6Uw0a5YcBOlNAMNApDkd7V7A22aBs.1
Passcode: 545483
To Join the Meeting on a Phone
Number:+1 646 931 3860 US
Meeting ID: 910 7207 9751



1. Agenda

2. Public Forum

3. Chair's Report

4. Discussion related to proposed CDO Amendment ZA-26-02: Downtown
Fences

5. Commissioner Items

6. Adopt Minutes & Accept Communications

7. Adjournment

Burlington Planning Commission
 Wednesday, January 7, 2026, 4:00 PM

Remote & Virtual Meeting via Zoom
In person option available:
Bushor Conference Room (Room 102), 1st Floor of City Hall, 149 Church St.
To Join the Meeting on a Computer
https://zoom.us/j/91072079751?pwd=f6Uw0a5YcBOlNAMNApDkd7V7A22aBs.1
Passcode: 545483
To Join the Meeting on a Phone
Number:+1 646 931 3860 US
Meeting ID: 910 7207 9751



1. Agenda

2. Public Forum

3. Chair's Report

4. Discussion related to proposed CDO Amendment ZA-26-02: Downtown
Fences

5. Commissioner Items

6. Adopt Minutes & Accept Communications

7. Adjournment




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 City of Burlington, VT
 149 Church Street, 3rd Floor
 Burlington, VT 05401
 Phone: (802) 865-7194
 www.burlingtonvt.gov/plan


TO: Burlington Planning Commission
FROM: Sarah Morgan, AICP, Principal Planner
 Charles Dillard, AICP, Director of City Planning
DATE: January 5, 2026
RE: Proposed ZA-26-02 planBTV Downtown Code Fence Height

This memo is intended to provide an overview about the proposed changes included in ZA-26-02.
1. Overview & Background
Downtown business owners, their employees, and service providers are facing ongoing challenges related to
substance use, hygiene, and safety, particularly in alleys, entryways, and service areas. Due to the rigidity of the
planBTV Downtown Code, the Development Review Board has requested a zoning amendment that provides
more allowance for taller fences in Burlington’s downtown districts.
Currently, Article 14 of the Comprehensive Development Ordinance does not allow for Fences and Free-standing
Walls to exceed 4 feet in height when placed in the First Lot Layer. The proposed amendment to Article 14 would
create an administrative approval pathway for fences up to 6 feet in height, provided they are transparent.
2. Planning Commission and Committee Discussions
This section summarizes the discussions that have taken place following staff presentations to the Planning
Commission and Planning Commission Ordinance Committee.
Summary of 12/9 Planning Commission Discussion
The Planning Commission met on December 9 to review the revised amendment as referred by the Planning
Commission Ordinance Committee (PCOC). As requested by the PCOC, the Commission continued its discussion
regarding the extent to which Article 14 should increase allowable fence height and expand permitted fence
materials within the First Lot Layer.
As it relates to fence height and materials, the Planning Commission modified the proposed amendment to:
 - Increase the allowable fence height from four feet to six feet only when the fence is used to enclose an
 alleyway or a loading dock located within an alleyway (Sec. 14.6.8 (b) v. A).
 - Allow chain-link and welded wire fences along the frontage line when located within alleyways or used to
 enclose loading docks within alleyways (Sec. 14.6.8 (b) v. B).
Commissioners also discussed how this amendment relates to gates in front of vestibules* in the form code
districts. While some commissioners were apprehensive about allowing six-foot chain-link or welded wire fences
or gates in front of recessed business entryways, others acknowledged that such allowances may help address
ongoing public health and safety challenges in these areas.
The Planning Commission warned the attached amendment for a public hearing at its January 13 meeting, with
the understanding that the PCOC will meet prior to the hearing and provide recommended language addressing
how the amendment should account for fencing associated with vestibules* in the downtown form-based code
district.

*
  Upon review of the language warned for a public hearing by the Planning Commission, staff determined that references to
“vestibules” were intended to mean “recessed entries” and will advise the PCOC to correct this terminology in future
recommended language.



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Summary of 11/24 Planning Commission Ordinance Committee Discussion
The PCOC met on November 24th to discuss this amendment and were in agreement that it should take a balanced
approach. Committee members share the goal of supporting downtown businesses and also want to prevent this
amendment from negatively impacting the City’s broader goal of maintaining a welcoming downtown.
During Public Forum, members of the downtown business community spoke in support of the amendment and
also requested that the amendment be expanded to allow chain-link fences in certain cases. Committee members
acknowledged the benefits of allowing chain-link fencing but expressed concerns about impacting the downtown
experience if allowed within or along the First Lot Layer. Ultimately, the Committee agreed that chain-link fences
should be permitted only when used to enclose alleyways or loading docks, and that those fences may be up to 6
feet in height.
Committee members did not reach consensus on whether 6-foot fences should be allowed elsewhere in the First
Lot Layer, or whether the 4-foor limit should remain in place except in the case of enclosing alleyways or loading
docks.
The Committee voted to refer the revised amendment back to the Planning Commission, with the condition that
the staff memo reflect that there was and should be additional discussion among the Commission on whether the
height increase from 4 to 6 feet should apply more broadly within the First Lot Layer or remain limited to
alleyways and loading docks.
Summary of 10/14 Planning Commission Discussion
Staff presented ZA-26-02: Downtown Fences to the Planning Commission during its meeting on October 14th.
The Commissioners discussed the complexities surrounding this amendment, including the desire to make sure
that Burlington’s downtown remain welcoming while also providing more flexibility in the height and materials
of fences. As originally presented to the Planning Commission, this amendment made no changes to requirements
related to the material of fences, and while it would allow for taller fences, chain-link fences were still not
permitted along the frontage line of a property. Ultimately, Commissioners referred to the Planning Commission
Ordinance Committee (PCOC) for further discussion.
4. Proposed Amendment: ZA-26-02
a) Amendment Type

 Text Amendment Map Amendment Text & Map Amendment

b) Purpose Statement
The proposed change in ZA-26-02 aims to address challenges related to fence height in Downtown districts.
c) Proposed Amendment
 1. Amendments to Article 14: PlanBTV Downtown Code Fences
 • Amends Sec. 14.6.8 (b) v. A. Fences and Free-Standing Walls to create an administrative approval
 pathway allowing for fences to be up to 6 feet in height, as long as they are transparent.
 • Amends Sec. 14.6.8 (b) v. B. to allow for chain-link and welded-wire fencing to be used in alleyways or
 loading docks.
d) Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with
the provisions of 24 V.S.A. §4441(c).




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 Theme: Dynamic Distinctive Inclusive Connected
 Land Use: Conserve Sustain Grow

 Compatibility with Proposed Future Land Use & Density
 The proposed amendment aligns with the land use and density policies outlined in planBTV. Its purpose is to
 support both existing and future businesses in downtown as the city adapts to challenges related to public
 health and safety. This change reflects the intent of the "Dynamic" theme, which prioritizes purposeful and
 economically viable solutions that enable the city to meet current needs and address future challenges.
 Impact on Safe & Affordable Housing
 This amendment has no direct impact on safe and affordable housing.
 Planned Community Facilities
 This amendment has no direct impact on planned community facilities.
h) Process Overview
The following chart summarizes the current stage in the zoning amendment process, and identifies any
recommended actions:
 Planning Commission Process
  Draft Amendment Presentation to & Approve for Public
  prepared by Staff discussion by Commission: Approved & forwarded to
 Hearing Public Hearing
 Council
 9/18/25 10/14/25, 11/24/25*, 12/9/25 12/9/25

 City Council Process
 First Read & Referral Council
 Ordinance Committee Ordinance Committee Public
 to Ordinance Second Read Approval &
 discussion recommend Hearing
 Committee Adoption
*Discussed by the Planning Commission Ordinance Committee




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 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: Office of City Planning,
 Planning Commission

 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Five ___________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 stages of passage: ______________
 ZA-26-02 planBTV Downtown Code Fences Second reading: ________________
 Action: ______________________
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:
 1 That Appendix A-Burlington Comprehensive Development Ordinance of the Code of Ordinances of the City of
 2 Burlington be and hereby amends Article 14, Sec. 14.6.8 to increase the height of see-through fences permitted in the
 3 First Lot Layer if enclosing an alleyway or a loading dock within an alleyway, as well as allow for chain-link or
 4 welded wire fence to be used if enclosing alleyways or a loading dock within an alleyway.

 5 Article 14 PlanBTV Downtown Code
 6 Section 6: Applicable in All Form Districts
 7 Section 14.6.8 – Site and Landscape Standards
 8 a) Purpose and Applicability – As Written
 9 b) Site Standards
10 i – iv. As Written
11 v. Fences and Free-standing Walls:
12 A. Fences and Free-standing Walls placed within the First Lot Layer shall not exceed 4-feet in height, except
13 for see-through fences which shall not exceed 6 feet in height and shall only be used to enclose an alleyway,
14 loading dock located within an alleyway, and recessed entries. Linear feet of recessed entries shall not Commented [SM1]: Language originally warned by the
15 exceed 5 feet. Fences and Free-standing Walls placed within the Second or Third Lot Layer shall not exceed Planning Commission referred to “vestibules”. Upon further
 review, staff determined that the correct term was “recessed
16 8-feet in height unless a different height limit is specified under the applicable Form District or Frontage
 entries”, but will clarify during the Public Hearing.
17 Type.
18 B. Materials used for Fences and Free-standing Walls shall be limited to Brick and tile masonry; Native or
19 sintered stone; Wood – panels, clapboard or shingles; Cementitious siding, metal, and woven or braided
20 cable wire. Chain-link and welded-wire fencing shall not be used along any Frontage Line with the
21 exception of alleyways, or loading docks located within an alleyway, the temporary enclosure of a
22 construction site, or where required by the Building Official to protect public safety. Barbed or razor wire
23 shall not be used in any application. Alternate materials may be approved by the Administrative Officer after
24 seeking input from the Design Advisory Board. Alternate materials must be considered equivalent or better
25 than the materials listed above, and must demonstrate successful, high quality local installations. Regionally-
26 available materials are preferred.


 Ordinances 2026/ZA-26-02 planBTV Downtown Fences
 DRAFT v2.0 12/17/25




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 Page 2
 An Ordinance in Relation to ZA-26-02 planBTV Downtown Fences

27 C. All fences and free-standing walls shall be installed so that a finished side faces outward towards the
28 adjacent property or public Frontage.
29
30 * Material stricken out deleted.
31 ** Material underlined added.




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