Ordinance Committee — Burlington, VT
Date: 2025-12-05
Time: 14:00

Friday, December 5, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Dec 5, 2025 02:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting

Join from PC, Mac, iPad, or Android:
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1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from 11/7
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type
  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Parking Ordinance Changes; BCO
  Subject 4.1. Parking Ordinance Changes; BCO
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. Parking Ordinance Changes; BCO

  Department Council and Board


  Type

  Recommended Action

5. Sidewalk Interference Ordinance; BCO Chapter 27, Art. I
  Subject 5.1. Sidewalk Interference Ordinance; BCO Chapter 27, Art. I
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. Sidewalk Interference Ordinance; BCO Chapter 27, Art. I

  Department Council and Board


  Type

  Recommended Action

6. Zoning Amendment ZA-26-01 Technical Amendments and Minor Revisions;
CDO
  Subject 6.1. Zoning Amendment ZA-26-01 Technical Amendments and Minor Revisions;
 CDO
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 6. Zoning Amendment ZA-26-01 Technical Amendments and Minor Revisions; CDO

  Department City Attorney


  Type
  Recommended Action

7. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-45(b)
  Subject 7.1. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-45(b)
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 7. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-45(b)

  Department Council and Board


  Type

  Recommended Action

8. Any Other Committee Business
  Subject 8.1. Any Other Committee Business
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 8. Any Other Committee Business

  Department Council and Board


  Type

  Recommended Action

9. Adjournment
  Subject 9.1. Motion to adjourn
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 9. Adjournment

  Department Council and Board


  Type

  Recommended Action

Friday, December 5, 2025, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Dec 5, 2025 02:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/92372433721?pwd=Rx628cgOHmZYWhbAGS2jpSo9aoaoSP.1
Passcode:074010

Phone one-tap:
+19292056099,,92372433721#,,,,*074010# US (New York)
+13017158592,,92372433721#,,,,*074010# US (Washington DC)

Join via audio:
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 309 205 3325 US
+1 312 626 6799 US (Chicago)
+1 646 931 3860 US
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
Webinar ID: 923 7243 3721
Passcode: 074010
International numbers available: https://zoom.us/u/adTBr6cUxW




1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from 11/7
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type


 Page 1 of 41
  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Parking Ordinance Changes; BCO
  Subject 4.1. Parking Ordinance Changes; BCO
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. Parking Ordinance Changes; BCO

  Department Council and Board


  Type

  Recommended Action

5. Sidewalk Interference Ordinance; BCO Chapter 27, Art. I
  Subject 5.1. Sidewalk Interference Ordinance; BCO Chapter 27, Art. I
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. Sidewalk Interference Ordinance; BCO Chapter 27, Art. I

  Department Council and Board


  Type

  Recommended Action

6. Zoning Amendment ZA-26-01 Technical Amendments and Minor Revisions;
CDO
  Subject 6.1. Zoning Amendment ZA-26-01 Technical Amendments and Minor Revisions;
 CDO
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 6. Zoning Amendment ZA-26-01 Technical Amendments and Minor Revisions; CDO

  Department City Attorney


  Type




 Page 2 of 41
  Recommended Action

7. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-45(b)
  Subject 7.1. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-45(b)
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 7. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-45(b)

  Department Council and Board


  Type

  Recommended Action

8. Any Other Committee Business
  Subject 8.1. Any Other Committee Business
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 8. Any Other Committee Business

  Department Council and Board


  Type

  Recommended Action

9. Adjournment
  Subject 9.1. Motion to adjourn
  Meeting December 5, 2025 - Ordinance Committee Meeting - Friday, December 5, 2025, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 9. Adjournment

  Department Council and Board


  Type

  Recommended Action




 Page 3 of 41
 Ordinance Committee
 Friday, November 7, 2025
 Bushor Conference Room Conference Room
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES

Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Barlow,
Councilor Kane

Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City
Attorney), Laura Wheelock (DPW Technical Services Director), Jackie Esperti (DPW Parking
Services Director), Sarah Montgomery (Assistant City Clerk)

Public Present: Jonathan Chapple-Sokol, Bill Church (BSD School Board), Sharon Bushor, Eli
Reynolds, Clare Wool (BSD School Board Chair), Carter Neubieser (City Councilor)

Meeting called to order at 2:02 PM.

1. Adopt the Agenda
 1.1 Adopt the Agenda

Motion to Adopt Agenda.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes
 2.1 Adopt Draft Minutes from October 16th.

Motion to adopt the draft minutes from October 16th.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum

Jonathan Chapple-Sokol: I am here to discuss the proposed financial disclosure ordinance. I do
not think the recitals in the form match what is being asked for in the original resolution. I read
the letter from the School Board and I agree with their opinion. They are a nonpartisan body that
are distant from actually running the City. My biggest concern with the proposed ordinance
today is with the ambiguity over the concept of personal income. It only counts employment and
investments. I personally received a corporate fellowship as a graduate student and according to
the federal government, that is not personal income. If I were in a decision-making position at
that time and something about that corporation came up, I would need to disclose that. Another
example, I give my adult children large gifts at times for certain things and so that income should

 Page 1 of 4



 Page 4 of 41
be counted and people should know where that money ultimately came from. Free trips and
things like what some state legislators went on should also count as income and be written down.

Sharon Bushor: I totally support what Jonathan said previously. I don’t know if financial
disclosure is necessary, but it should capture any conflicts of interests. On the parking ordinance
changes, I agree with numbers 3, 4, and 5 which are about school zones. I think anytime we are
closing parking spots that should be with the Public Works Commission so it has a public
process. I still do not like lines 52-53 as the Department could still fail to inform the
Commission. I was not sure what the changes to the towing payment are, but I still think it is
very important for residents to have their cars.

4. Parking Ordinance Changes Discussion

Attorney Ramakrishnan went through the changes made to the proposed parking ordinance. The
proposed ordinance changes are available in the agenda packet on CivicClerk.

Councilor Bergman asked City Engineer Laura Wheelock to keep track of any issues with the
warnings of street parking closures over weekends so the Committee has information on if
warnings of closures should be done on Thursdays for closures over weekends.

Jackie Esperti (DPW Parking Services Director) said that the current scoff laws mean that people
can pay a small amount to get back under the $275 allowed in tickets and get their car back. She
continued that one third of all towed scoff violations have been towed at least twice, with some
having been towed three to five times in just the last few months. Parking Services does offer
payment plans.

Councilor Carpenter asked how many people are in this situation. Jackie Esperti said there are
about 20 people that have been repeatedly towed under scoff since May 1st of this year.

Councilor Barlow asked if it was possible for the first instance of a scoff tow that it would be a
warning, but subsequent scoff tows would happen. Councilor Bergman said those ideas could be
in a payment plan and probably shouldn’t be in the ordinance itself.

All councilors agreed that establishing a policy for payment plans is a necessary part of the
changes going alongside the ordinance change. Councilor Bergman asked that a payment plan
policy should be established by the time the ordinance changes go into effect.

Motion to refer the draft parking ordinance with its changes back to the full City Council for a
second reading and recommend the ordinance for adoption.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

5. Financial Disclosure for Local Elected Officials


 Page 2 of 4



 Page 5 of 41
Clare Wool (BSD School Board Chair) said she stands by the letter sent by the whole school
board. She said that the board is a non-political body with no party affiliations on the ballot.
She continued that the issues raised in the original resolution regarding campaign finance and
conflicts of interest are not applicable to the school board like they are for councilors.

Attorney Ramakrishnan said that he has concerns with using this disclosure form for the school
board. Particularly because the City is given authority to create ethics guidelines at the
municipal level but the State legislature specifically did not include school boards in their statute
about municipal ethics. Burlington’s school system is unique and is technically a department of
the City, but for all other purposes we treat the school system as an independent agency.

Councilor Carpenter asked for some more research into the City’s authority to require such a
form for the school district. She continued that she had assumed that the school district was
operating with the same Code of Ethics as the City.

Carter Neubieser (City Councilor and drafter of the draft ordinance) said that the whereas clauses
were describing the state of politics in the country as a whole, and that he hoped to have a form
where councilors would disclose potential conflicts for financial reasons before any matter
involving that conflict ever comes up.

Councilor Barlow asked Carter Neubieser if there are any other reasons for the form beyond
disclosing potential conflicts of interest. Carter Neubieser said that transparency for candidates
is a core aspect of a democracy.

Councilor Bergman asked Carter Neubieser if he intended for the school board to be covered by
this disclosure form. He responded that yes, he purposefully included school board members in
the original resolution as those board members make consequential decisions involving many
millions of dollars. He said that knowing where board members are receiving money from is a
relevant question when they are dealing with so much money. He further continued that is it
better to have upfront transparency rather than dealing with scandals later on.

Councilor Barlow said that the school board is 12 members, just like the Council, and they
actually have a larger annual budget than the rest of the City. He said that if the City went with
candidate disclosure forms, the board probably should too, barring any murky legal issues that
are not yet resolved.

Councilor Bergman said that he would be comfortable with having this disclosure for candidates
for Council and Mayor to begin with.

Councilor Barlow said that the resolution had many clauses that are best resolved through
campaign finance law rather than personal financial disclosure. He said that he doesn’t see a
problem for personal financial disclosure to fix either on the Council or for the school board. He
said people generally disclose their conflicts when they arise and recuse themselves regularly.

Councilor Barlow said he believes that disclosing sources of employment income will likely lead
to people weaponizing that information depending on that employer. He said that he believes
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 Page 6 of 41
employer should only be listed if they are in a decision-making position within the company and
the company does business with the City. He added that having this disclosure might create a
chilling effect on being able to recruit people to run for local office.

Councilor Bergman said that $5000 might be too low and could make the threshold higher. He
added that he is open to the idea of only listing employment where a candidate has decision-
making power, but also added that it is important for voters to know where candidates work or
how they get their money.

6. Any Other Committee Business

The next meeting is scheduled for 3:30-5:30 on November 20th.

7. Adjournment

The meeting was adjourned at 4:16 PM.




 Page 4 of 4



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 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: (Dept./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: ______________
 TICKETING AUTHORITY FOR PARKING VIOLATIONS IN Second reading: ________________
 CITY PARKS Action: ______________________
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:

 1 That Chapter 22, Parks, of the Code of Ordinances of the City of Burlington be and hereby is amended by
 2 amending Sec. 23, thereof to read as follows:
 3

 4 A violation of the following sections of this chapter shall be deemed a civil offense:

 5 As written.

 6 In addition, except as otherwise specified in subsection (g) of section 55 of chapter 20 of this code, a violation
 7 of any provision of the rules and regulations of the parks, recreation and waterfront department contained in
 8 Appendix D of this Code of Ordinances shall be deemed a civil offense. A violation of these sections or the
 9 rules and regulations shall be punishable by a civil penalty of from fifty dollars ($50.00) to five hundred dollars
10 ($500.00). The waiver penalty for such offenses for purposes of the municipal complaint (civil ticket) shall be
11 fifty dollars ($50.00). Each day’s continued violation shall be a separate offense. The director of the parks,
12 recreation and waterfront department, waterfront managers, city arborist, urban park rangers, seasonal
13 operations supervisors and all law enforcement officers are authorized to issue a municipal complaint for a
14 violation of this chapter. For the limited purpose of interim stewardship and pending completion of a long-
15 term planning process the land known as Urban Reserve, bordered on the north by Kieslich Park, on the east
16 by the railroad, on the west by Lake Champlain, and the south by the Community Sailing Center, shall be
17 considered a city park subject to this chapter and the rules and regulations set forth in Appendix D.

18
19
20 * Material stricken out deleted.
21 ** Material underlined added.
22
23
24
25
26 er/Ordinances 2025/Ticketing authority for parking violations in parks
27 December 5, 2025




 Page 8 of 41
 City Attorney
 MEMORANDUM
TO: City of Burlington, City Council

FROM: Erik Ramakrishnan, Assistant City Attorney

CC: Laura Wheelock, Jackie Esperti

DATE: December 1, 2025

SUBJECT: Second Reading: Parking Ordinance Amendments (B.C.O. Ch. 20 & 27)

REQUEST

The City Attorney’s Office and Department of Public Works respectfully requests that the
City Council waive and approve the second reading of the proposed ordinance amending
Chapters 20 and 27 of the Burlington Code of Ordinance.

EXECUTIVE SUMMARY

On September 17, 2025, the Public Works Commission voted to sponsor amendments to
Burlington Code of Ordinances Chapters 20 and 27, regarding parking. The proposed
amendments fit into three categories:

 (1) Language granting the Public Works Commission power to delegate authority to
 the Director of Public Works to made certain changes to the City’s traffic
 regulations temporarily without the Commission’s approval. Generally, this
 authority could be exercised only in the interest of complying with state and
 federal disability access laws or in the interest of public safety;

 (2) Amendments to outdated language to reflect the current practices and needs of the
 City; and

 (3) Amendments relating to towing authority intended both to clarify the
 circumstances in which vehicles can be towed and to require vehicle owners
 towed for excessive outstanding parking tickets to pay down all outstanding
 tickets to reclaim a vehicle.

On September 29, 2025, the City Council voted to waive and approve the first reading of
the ordinance and to refer it to the Ordinance Committee. The Ordinance Committee
then considered and marked up the ordinance at its meetings on October 3, 2025, October
16, 2025, and November 7, 2025. At the November 7, 2025 meeting, the committee
voted unanimously to recommend the ordinance to the City Council.

Amendments to the ordinance made by the Ordinance Committee include the following:

 1


 Page 9 of 41
 (1) A change at B.C.O. § 20-1 aligning the definition of “parking enforcement
 officer” to a specific statutory reference;

 (2) Non-substantive, clarifying edits to B.C.O. §§ 20-53 and 20-95;

 (3) Clarifications to the delegation of authority described above, more clearly limiting
 staff’s authority consistent with the intent of the proposed ordinance;

 (4) Language, at the request of staff, at B.C.O. § 20-53(g) clarifying that violations of
 the City’s parks rules (B.C.O., Appx. D) relating to parking can be prosecuted as
 parking violations, if Appendix D is amended to be consistent; and

 (5) An amendment at B.C.O. § 20-63, requiring that signage for temporary parking
 limitations be posted at least twenty-four (24) hours in advance, rather than the
 currently required six (6) hours.

The ordinance as presented to the City Council includes the following two additional
changes:

 (1) At the request of the Ordinance Committee, staff has proposed language at Lines
 181 to 182 to provide an option for low-income vehicle owners to enter a payment
 plan in lieu of reducing their outstanding parking fines to $0 as a condition to
 having a vehicle released from scoff; and

 (2) Deletion of the following language formerly proposed for inclusion in B.C.O.
 § 63: “Where individual parking space meters are provided, such signage shall be
 provided in the form of parking meter hoods.”

Regarding the second change, above, B.C.O., Ch. 20, as currently enacted states that
temporary parking limitations in metered zones need to be noticed by installing parking
meter hoods. However, not all metered zones have parking meters, as the City has
moved to the use of kiosks and online payment applications. Therefore, the proposed
ordinance provides other means to notice temporary parking limitations. However, as
presented to the committee, the ordinance would have kept the use of meter hoods in
locations where meters still exist.

The problem with the continued use of meter hoods is that the Ordinance Committee
requested to provide longer notice of at least twenty-four (24) hours before temporary
restrictions take effect. When a parking hood is placed on a meter, the meter
immediately becomes unusable. That would mean that where metered hoods are used,
paid parking spaces would be taken out of commission a full day prior than necessary,
depriving parkers otherwise available spaces, and denying the City parking revenues.

Therefore, staff recommends that language requiring meter hoods be removed from the
ordinance. Staff also recommends that the Ordinance Committee retain jurisdiction over
this matter even if the ordinance is adopted at tonight’s meeting, so that the Committee
can provide any further input it sees appropriate. In the meantime, prior to the ordinance

 2


 Page 10 of 41
taking effect, staff intends to draft a policy indicating best practices for noticing
temporary parking restrictions, for possible review by the Ordinance Committee and/or
the DPW Commission.


ATTACHMENTS
  A. September 29, 2025 Staff Report for First Reading
  B. Proposed Ordinance

MOTIONS
  (1) To waive and approve the second reading of the proposed ordinance amending
 Chapters 20 and 27 of the Burlington Code of Ordinances.
  (2) To refer provisions of the ordinance regarding noticing of temporary parking
 restrictions back to the Ordinance Committee for review and to report back
 concerning any further recommended actions.

Thank you for your continued support.




 3


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Page 15 of 41
Page 16 of 41
Page 17 of 41
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: Dept. of Permitting and
 Inspections
 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: ______________
 Second reading:
 SIDEWALK ________________
 INTERFERENCE
 Action: ______________________
 BCO Chapter  27, Art. I
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:

 1 That Chapter 27, Streets and Sidewalks, of the Code of Ordinances of the City of Burlington be and is hereby
 2 amended by amending Article I, In General, Sec. 27-21, Penalty; to read as follows:
 3

 4 ***

 5 27-4 Unnecessary interference with use of sidewalk.

 6 No person shall unnecessarily occupy, obstruct or encumber, or cause to be unnecessarily occupied, obstructed or
 7 encumbered, a sidewalk so as to interfere with the convenient use of the same by the public.

 8 ***

 9 27-21 Penalty.

10 A violation of any provision of articles I, III, IV and V of this chapter shall be a civil offense punishable by a civil
11 penalty of from two hundred fifty dollars ($250.00) to five hundred dollars ($500.00). The waiver penalty for purposes
12 of the municipal complaint (civil ticket) shall be equal to the waiver penalty established pursuant to 4 V.S.A. § 1102(d)
13 for violations of Subchapter 12 of Chapter 13 of Title 23 for each offense. Each day the violation continues shall be a
14 separate offense. All law enforcement officers are authorized to issue a municipal complaint for a violation of this
15 chapter.
16
17 ***
18
19 * Material stricken out deleted.
20 ** Material underlined added.
21
22 WW/ks/Ordinances 2025/Sidewalk Intereference/BCO Ch. 27, Art. I
23 Sec. 27-21.
24 12/5/2025




 Page 18 of 41
 City of Burlington, VT
 149 Church Street, 3rd Floor
 Burlington, VT 05401
 Phone: (802) 865-7194
 www.burlingtonvt.gov/plan


TO: Burlington City Council
FROM: Sarah Morgan, AICP, Principal Planner
 Charles Dillard, AICP, Director of City Planning
DATE: November 19, 2025
RE: Proposed ZA-26-01 Technical Amendments and Minor Revisions

This memo is intended to provide an overview about the set of proposed changes included in ZA-26-01, which
was warned for a Public Hearing by the Planning Commission during its meeting on September 23rd.
1. Overview & Background
The revisions proposed in ZA-26-01 include technical corrections to the ordinance as well as minor revisions to
standards related to the South End Innovation District.
Following the Planning Commission meeting on September 23rd, proposed changes to the planBTV Downtown
Code regarding fences were removed to be discussed as their own amendment (ZA-26-02) and are not included as
part of ZA-26-01.
3. Technical Corrections
In collaboration with the Department of Permitting and Inspections, this amendment includes a number of
technical amendments, which are included and outlined in Section 4c of this memo.
2. Minor revision related to the South End Innovation District
The proposed amendment to the SEID Ground Floor Entries standards addresses a primary challenge that has
arisen in reviewing ongoing development plans in the overlay. These entry standards were based on a desire for
highly-activated ground floors, particularly those occupied by retail uses. However, local and national trends
continue to demonstrate reduced viability of retail and non-residential uses, particularly those in ground floor
podiums that are costly to build. As such, the ground floor standards should be amended, both to facilitate greater
amounts of private entries into ground floor residential uses on Primary Frontages, and to acknowledge the
aforementioned concerns regarding retail viability. Furthermore, the amendment proposes to eliminate the
requirement for ground floor entries on Secondary Frontages to extend flexibility to site development and to
facilitate marketable residential ground floor uses on these less prominent streets.
Finally, City staff has encountered several site-specific challenges related to topographical and infrastructural
conditions that make meeting the current standards challenging. For example, Lakeside Avenue, long proposed as
a Secondary Frontage in the first phase of the SECORD project, is approximately eight feet below the
developable portion of the parcel. As the ROW width, particularly as it crosses under the railroad, does not
accommodate a sidewalk, the requirement to locate ground floor entries along this Frontage is not reasonable.
Similar challenges have been seen at other locations in the SEID.
Ultimately, this proposed amendment will increase flexibility in the SEID and allow for much-needed housing
within a larger South End that continues to see successful business activity in existing buildings.




 Page 19 of 41
4. Proposed Amendment: ZA-26-01
a) Amendment Type

 Text Amendment Map Amendment Text & Map Amendment

b) Purpose Statement
The proposed changes in ZA-26-01 all aim to support greater flexibility within current zoning regulations to
accommodate development needs and seeks to correct several errors in the CDO, enhancing clarity and
consistency in administration for both staff and applicants.
c) Proposed Amendment
 1. Amendments to Article 3: Applications, Permits, and Project Reviews
 • Revises Sec. 3.1.2 (c) 11. to apply to “Buildings, as defined in Article 13” instead of “structures”.
 • Amends Table 3.5.2-1 Zoning Districts (Major Impact) to reflect changes made under the Neighborhood
 Code, including the creation of the Residential Corridor district.
 • Amends Sec. 3.5.3 (c) Major Impact Exemptions to reflect the elimination of minimum parking
 standards under ZA-22-07.
 2. Amendments to Article 4: Zoning Maps and Districts
 • Corrects footnote reference in Table 4.4.2-1
 • Amends Sec. 4.4.2 (d) 3. B. to reflect the changes made under ZA-25-04, including referring to Senior
 Housing as Housing for Older Persons and Individuals with Disabilities.
 • Modifies Table 4.4.5-1 Lot Size, Frontage, Setback, & Lot Coverage Standards in Residential Districts:
 o Corrects a footnote reference in the column related to Lot Coverage.
 o Deletes and reserves Footnote 8, which is now irrelevant given the standard related maximum
 required front yard setback.
 • Corrects reference made in Sec. 4.4.5 (d) 2. B. Encroachment to the Waterfront Setback
 • Corrects reference made in Sec. 4.4.5 (d) 4. D. Additional Unit on lot or within Owner-Occupied Single
 Detached Dwelling
 • Amends Tables 4.4.5-6 Housing for Older Persons and Individuals with Disabilities Bonus and Table
 4.4.5-7 Maximum Intensity, Lot Coverage and Building Heights with Bonuses to include the Residential
 Corridor District.
 • Amends Table 4.5.6-2 Frontage & Activation Standards to reflect changes proposed in Sec.4.5.6(c)2.D.
 • Amends Sec. 4.5.6 (c) 2. D. SEID Ground Floor Entries to facilitate greater amounts of private entries
 into ground floor residential uses on Primary Frontages, and to acknowledge the aforementioned
 concerns regarding retail viability.
 3. Amendments to Article 5: Citywide General Regulations
 • Amends Sec. 5.3.5 (a) to remove reference to Sec. 5.2.3 (b) 10, which was eliminated under ZA-25-04.
 4. Amendments to Article 6: Development Review Standards
 • Corrects reference made in Sec. 6.2.2. (m) Landscaping, Fences, and Retaining Walls
 5. Amendments to Article 7: Signs
 • Amends Sec. 7.1.1 Authority and Intent to clarify that signs of advertising features not expressly
 permitted in this ordinance are prohibited.
 • Amends Sec. 7.1.4 Historic Marker Exemptions to incorporate Freestanding Yard signs.




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  6. Amendments to Article 9: Inclusionary and Replacement Housing
 • Amends Sec. 9.1.5 Applicability to remove reference to Adaptive Reuse.
 • Amends table under Sec. 9.1.12 Additional Density and Other Development Allowances to align with
 changes made via the Neighborhood Code.
 • Amends Sec. 9.2.10 (b) to remove reference to conditional use and incorporate the loss of non-
 residential uses.
  7. Amendments to Article 11: Planned Development
 • Corrects typo in the reference to Table 11.1.5-2, which previously referenced a non-existent table.
 • Amends Footnotes 1 in Table 11.1.5-2 Residential District Planned Unit Development Setback
 Standards to clarify that Residential Special Uses are exempt from the requirement of 50ft rear setbacks
 for buildings greater than 5,000ft2 in the Residential Low and Residential Medium Intensity Districts.
 • Amends Table 11.1.5-2 Residential District Planned Unit Development Setback Standards to indicate
 that the Residential – Special Uses listed in Table 4.4.5-2 are is also exempt from Footnotes 1 and 2.
  8. Amendments to Article 13: Definitions
 • Moves the definition for “Building” in Article 14 to Article 13 to consolidate definitions.
 • Deletes definitions for “Elderly Housing”, “Housing, Senior”, and “Senior Housing” to reflect changes
 made in ZA-25-04, where Housing for Older Persons uses the definition established under the Fair
 Housing Act.
 • Simplifies the definition of “Planned Unit Development” and references Article 11 for specific
 provisions.
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).
 Theme: Dynamic Distinctive Inclusive Connected
 Land Use: Conserve Sustain Grow


  Compatibility with Proposed Future Land Use & Density
  The proposed amendment is consistent with the Land Use and Density related policies of planBTV. As
  frequently discussed with the Planning Commission, the rise in housing costs and slow pace of construction are
  some of the biggest challenges related to housing in Burlington. The “Dynamic” theme prioritizes innovative
  solutions that are environmentally, economically, and socially sound, echoing this amendment’s need to
  support greater flexibility within current zoning regulations to accommodate development needs.
  Additionally, many of these amendments are primarily and are intended to clarify for the public and staff the
  standards and processes regulating development and growth across the city.
  Impact on Safe & Affordable Housing
  This amendment has no direct impact on safe and affordable housing, except in that it corrects errors and
  provides greater flexibility and clarity for applicants.
  Planned Community Facilities
  This amendment has no direct impact on planned community facilities, except in that it corrects errors and
  provides greater clarity.




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h) Process Overview
The following chart summarizes the current stage in the zoning amendment process, and identifies any
recommended actions:
 Planning Commission Process
 Approve for
  Draft Amendment Presentation to & discussion by Approved & forwarded to
 Public Public Hearing
  prepared by Staff Commission: Council
 Hearing 11/13/25
 9/18/25 9/23/25 11/13/25
 9/23/25
 City Council Process
 First Read, Referral
 to Ordinance
 Ordinance Council
 Committee, and Public
 Ordinance Committee discussion Committee Second Read Approval &
 Warn Public Hearing
 recommend Adoption
 Hearing
 12/1/2025
Motion: Waive the reading, refer ZA-26-01 to the Ordinance Committee and warn for a public hearing before the
City Council on January 12, 2026.




 Page 22 of 41
 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: ______________
 CDO—Technical Amendments and Minor Revisions Second reading: ________________
 ZA-26-01 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, Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and
 2 hereby is amended by: amending Sec. 3.1.2 (c) Exemptions, Table 3.5.2-1 Zoning Districts, and Removes Sec. 3.5.3
 3 (c); Corrects a footnote referenced in Table 4.4.2-1 Dimensional Standards and Density; Amends Sec. 4.4.2 (d) 3. B.
 4 Senior Housing; Deletes and reserves footnote 8 in Table 4.4.5-1; Corrects reference to Table 4.4.5-1 made under Sec.
 5 4.4.5. (d) 2. B.; Corrects reference made to Article 3 under Sec. 4.4.5. (d) 4. D.; Amends Table 4.4.5-6 Housing for
 6 Older Persons and Individuals with Disabilities Bonus and Table 4.4.5-7 Maximum Intensity, Lot Coverage and
 7 Building Heights with Bonuses; Amends Table 4.5.6-2 Frontage and Activation Standards and Sec. 4.5.5 (c) 2. C.
 8 Ground Floor Entries; Amends Sec. 3.5.3. A. 1. Changes and Modifications; Amends Sec. 5.3.5 (a) to remove
 9 reference to Sec. 5.2.3 (b) 10; Corrects reference made to Sec. 5.2.6 (d) under Sec. 6.2.2 (m); Amends Sec. 7.1.1
10 Authority and Intent and Sec. 7.1.3 (h) Historic Marker; Removes reference to Adaptive Reuse under Sec. 9.1.5 (b);
11 Aligns table in Sec. 9.1.12 Additional Density and Other Development Allowances to reflect base allowances amended
12 under ZA-25-02; Amends Sec. 9.2.10 (c); Corrects a reference to Table 11.1.5-2 in Article 11; Amends reference to
13 and the Footnotes 1 and 2 in Table 11.1.5-2 Residential District Planned Unit Development Setback Standards;
14 modifies Article 13 by deleting definitions for "Elderly Housing", "Housing, Senior", and "Senior Housing", moves the
15 definition for “Building” from Article 13, and amends the definition for Planned Unit Development, thereof to read as
16 follows:
17 ***
18 Article 3: APPLICATIONS, PERMITS, AND PROJECT REVIEWS
19 PART 1: GENERAL PROVISIONS AND ZONING PERMITS
20 ***
21 3.1.2 Zoning Permit Required
22 Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development
23 may be commenced within the city without a zoning permit issued by the administrative officer including but not
24 limited to the following types of exterior and interior work:



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25 (a - b) As Written
26 (c) Exemptions
27 The following shall be exempt from the requirements of this Ordinance and shall not be required to obtain a zoning
28 permit:
29 1. – 10. As Written
30 11. All structures Buildings, as defined in Article 13, of 24 square feet or less and no taller than 15 feet, as long as
31 they are located in compliance with applicable setbacks. This exemption is limited to 1 such structure, or
32 multiple structures in aggregate up to 24 square feet, per property. This exemption does not apply to properties
33 located within the Special Flood Hazard Area.
34 12. – 21. As Written
35 (d) As written
36 ***
37 Article 3: APPLICATIONS, PERMITS, AND PROJECT REVIEWS
38 ***
39 PART 5: CONDITIONAL USE AND MAJOR IMPACT REVIEW
40
41 ***

42 Sec. 3.5.2 Applicability
43 (a) Conditional Use Review – As Written
44 (b) Major Impact Review
45 Major Impact Review shall be required for the approval of all development involving any one or more of the
46 following:
 Table 3.5.2-1 Zoning Districts
 Downtown Mixed Neighborhood Mixed Residential- Medium Residential- Low RCO-A,
 Use and Form Use, Institutional, DensityIntensity, DensityIntensity RCO-C,
 Districts Enterprise, Residential – High RCO-RG,
 Residential Corridor DensityIntensity UR
 Dwelling Creation of fifty (50) Creation of twenty- Creation of ten (10) or Creation of five (5) NA
 Units or more dwelling five (25) or more more dwelling units or more dwelling
 units dwelling units units
 Land NA NA Creation of ten (10) or Creation of five (5) NA
 Subdivision more lots; or more lots
 Non- A development A development A development A development Creation of
 residential or footprint1 of fifty footprint1 of twenty footprint1 of eight footprint1 of five five
 Mixed Use thousand (50,000) sf thousand (20,000) sf thousand (8,000) sf or thousand (5,000) sf thousand
 Development or more, or the or more, or the more, or the creation or more, or the (5,000) sf
 creation of one creation of forty of fifteen thousand creation of ten or more of
 hundred thousand thousand (40,000) sf (15,000) sf or more of thousand (10,000) gross floor
 (100,000) sf or more or more of gross floor gross floor area. sf or more of gross area2
 of gross floor area. area. floor area.
 1
 Development Footprint: total area of impervious coverage – buildings and parking.
 2
 Farm structures are exempt per 10 VSA 6001.



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47 In addition, Major Impact Review shall also be required for multiple projects undertaken by the same applicant or
48 responsible party within any consecutive twelve (12) month period on the same or adjacent property that in the
49 aggregate equal or exceed the above criteria.

50 Sec. 3.5.3 Exemptions
51 Major Impact Review shall not be required for applications involving one or more of the following:
52 (a) Temporary structures that do not otherwise involve a conditional use;
53 (b) Rehabilitation that does not expand the floor area of an existing building or the structural capacity of existing
54 development;
55 (c) Projects that do not result in a change of use or increased parking demand;
56 (d) Subsurface site improvements including but not limited to underground utility lines and subsurface drainage
57 ways; and,
58 (e) Projects where the scope and authority of municipal regulation is limited by statute pursuant to 24 VSA 4413.
59 ***
60 Article 4: ZONING MAPS AND DISTRICTS
61 ***
62 PART 4: BASE ZONING DISTRICT REGULATIONS
63
64 ***
65 Sec. 4.4.2 Neighborhood Mixed Use Districts
66 (a) Purpose – As Written
67 (b) Dimensional Standards and Density:
68 The density and intensity of development, dimensions of building lots, the heights of buildings and their setbacks from
69 property boundary lines, and the limits on lot coverage shall be governed by the following standards:
 Table 4.4.2 -1 Dimensional Standards and Density

 Districts Max. Max. Lot Minimum Building Setbacks (feet) Building Height
 Intensity Coverage Front3 Side Rear (feet)
 (floor area
 ratio1)
 NAC 2.0 FAR 80%4 0 02 02 Min: 22’, 2 stories
 Max: 35
 NMU 2.0 FAR 80% 05 02 02 Min: 22’, 2 stories
 Max: 35
 NAC-Riverside 2.0 FAR 80% 0 02 02 Min: 22’, 2 stories
 Max: 35
 NAC-CR 2.0 FAR 60% Min. 07 106 206 Min: 22’, 2 stories
 Max. 207 Max: 65’
 1 – 2. As Written
 3. Structures shall be setback a minimum of 12-feet from the curb on a public street.
 4. Exceptions to maximum lot coverage are provided in (d)2.
 5. Notwithstanding footnote 4 3, the NMU district at the intersection of Pine St. and Flynn Avenue shall have a
 minimum front yard setback of 10 feet.
 6 – 7. As Written

70 (c) Permitted and Conditional Uses – As Written

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71 (d) District Specific Regulations
72 1. – 2. As Written
73 3. Development Bonuses/Additional Allowances
74 A. Inclusionary Housing – As Written
75 B. Senior Housing Housing for Older Persons and Individuals with Disabilities
76 A maximum of an additional 10-feet of building height, and corresponding FAR, may be permitted at the
77 discretion of the DRB in the NAC and NAC-Riverside districts where no less than twenty-five per cent
78 (25%) of the total number of onsite units are reserved for projects including exclusively housing for Older
79 Persons (as defined by the federal Fair Housing Act), housing for Individuals with Disabilities (as defined by
80 the federal Americans with Disabilities Act), or a mixture exclusively thereof low-moderate income senior
81 households as defined by state or federal guidelines, including no less than ten percent (10%) reserved for
82 low income households. The total gross floor area dedicated to the senior housing housing for older persons
83 and individuals with disabilities shall be equivalent to the gross floor area resulting from the additional
84 allowance. Increased lot coverage allowance for senior housingsuch projects in these districts shall be the
85 same as for inclusionary housing (see Sec. 9.1.12)
86
87 C. Maximum Bonus: --As written
88 ***

89 Sec. 4.4.5 Residential Districts
90 (a) Purpose – As Written
91 (b) Dimensional Standards
92 The intensity of development, dimensions of building lots, the heights of buildings and their setbacks from property
93 boundary lines, and the limits on lot coverage shall be governed by the following standards:
 Table 4.4.5-1 Lot Size, Frontage, Setback, and Lot Coverage Standards in Residential Districts
 Setbacks1,6,7,8,9
 Min. Lot
 Lot
 District Frontage2,3,4,
 5 Front Side Rear Coverage1,9
 (linear feet) 10

 Min: Avg. of front
 Residential Low (RL) setback 2 adjacent lots 20 ft. 45%
 Min: 10% of lot
 on both sides
 30’ width or avg. of
 +/- 5 feet
 side setback of 2
 Residential Medium (RM) 55%
 adjacent lots on
 Max required: 25 ft
 both sides
 Residential High (RH) N/A 15 ft. 80%
 Min required: Max required:
 5 ft 20 ft
 Residential Corridor (RC) N/A 80%
 Max permitted:
 20 ft
 1 – 7: As Written
 8. Reserved For properties in the RL and RM zones with frontage along Lake Champlain or the Winooski River, the
 front yard setback shall not be required to exceed 50 feet.
 9. As Written - An additional ten per cent (10%) lot coverage may be permitted for accessory residential features per (d)
 2C below.
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 94 Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residential Districts
 95 As written

 96 (c) Permitted and Conditional Uses – As written
 97 (d) District Specific Regulations
 98 The following regulations are district-specific exceptions, bonuses, and standards unique to the residential districts.
 99 They are in addition to, or may modify, city-wide standards as provided in Article 5 of this ordinance and district
100 standards as provided above.
101 1. Additional Residential Development Permitted – As written
102 2. Exceptions to Dimensional Standards
103 A. Encroachment into Side Setback for Residential Driveways – As written
104 B. Encroachment into the Waterfront Setback
105 The following exceptions to the required waterfront setback for Lake Champlain and the Winooski River
106 established under Sec. 4.5.4: Article 4, Table 4.4.5-1, footnotes 7 and 8.
107 (i) and (ii) As written
108
109 C. - D. As written
110 3. Exception for Neighborhood Commercial Uses – As written
111 4. Miscellaneous Standards
112 A. – C. As written
113 D. Additional Unit on lot or within Owner-Occupied Single Detached Dwelling
114 Where an existing Principal Structure in any Residential Zoning District contains only an owner-occupied
115 Single Detached Dwelling, and an applicant proposes to add a single additional dwelling unit within the
116 Principal Structure or within a detached Secondary Structure on the same lot as the owner-occupied home,
117 the application shall be subject to administrative review and approval according to Sec.3.2.7 (a) 13, and
118 exempt from paying impact fees, according to Sec. 3.3.13., except where otherwise required.
119 5. Residential Development Bonuses
120 The following exceptions to maximum allowable residential standards in Tables 4.4.5-1 and 4.4.5-2 may be
121 approved in any combination subject to the maximum limits set forth in Table 4.4.5-6 at the discretion of the
122 DRB. Any bonuses that are given pursuant to this ordinance now or in the future shall be regarded as an
123 exception to the limits otherwise applicable.
124 A. Housing for Older Persons and Individuals with Disabilities Bonus
125 Residential development in excess of the limits set forth in Tables 4.4.5-1 and 4.4.5-2 may be permitted by
126 the DRB for projects including exclusively housing for Older Persons (as defined by the federal Fair
127 Housing Act), housing for Individuals with Disabilities (as defined by the federal Americans with
128 Disabilities Act), or a mixture exclusively thereof provided the following conditions are met:
129 (i) – (iii) As Written

 Table 4.4.5-6: Housing for Older Persons and Individuals with Disabilities Bonus

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 Maximum
 Maximum Lot
 District Development Maximum Height
 Coverage
 Intensity
 RL 55% 1.5 FAR
 4 stories, 50 ft
 RM 65% 1.75 FAR
 RH, RC 90% 2.0 FAR 5 stories, 62 ft.

130 B. Residential Conversion Bonus – As written
131 C. Limitations on Residential Development Bonuses:
132 For projects where the conditions of more than one applicable bonus listed above and under Sec. 5.4.8 (e)
133 are met, and where any applicable development allowances per Article 9 are utilized, the applicant may use
134 the most permissive exemption to the underlying lot coverage or residential intensities applicable.
135 In no case shall any development bonuses and allowances granted, either individually or in combination,
136 enable a building to exceed the maximum development intensity, lot coverage, and building height
137 permitted in any district as defined below:
 Table 4.4.5-7: Maximum Intensity, Lot Coverage and Building Heights with Bonuses
 Maximum Maximum Maximum
 District
 FAR* Height Lot Coverage*
 RL 1.5 FAR 50-feet 55%
 RM 1.75 FAR 50-feet 65%
 RH, RC 2.0 FAR 62-feet 90%
 *- or 125% of the pre-application gross floor area or coverage of the qualifying principal
 building as may be applicable per Table 5.4.8-1 Historic Building Rehabilitation Bonus

138 (c) Effective Date – As Written
139
140 ***
141 Article 4: ZONING MAPS AND DISTRICTS
142 ***
143 PART 5: OVERLAY ZONING DISTRICT REGULATIONS
144 ***
145 Sec. 4.5.6 South End Innovation District Overlay
146 ***
147 (a) – (b) – As written
148 (c) District Specific Regulations
149 Table 4.5.6-1 SEID Dimensional Standards & Density As written
150 1. Dimensional Standards & Density – As Written
151

152

153

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 Table 4.5.6-2: Frontage and Activation Standards
 Frontage Min lot frontage Percent of ground floor building frontage Ground
 Type occupied by buildings1,2 containing non-residential uses1 floorlevel entries
 required

 Primary 80% min 80% min Every 60’ min
 Secondary 70% min 20% min or 500 sq. ft. whichever is greater N/A
 1. Measured linearly.
 2. A courtyard on a building façade adjacent to a street or Public Path, with minimum dimensions 12 feet minimum and
 35 feet maximum, shall be counted in the calculation of frontage to satisfy this requirement.

154 2. Frontage and Ground Floor Activation Standards
155 A – B. – As Written
156 C. Ground Floor Level Entries: At least one ground level floor public entry into a building or interior
157 courtyard or open space, not including service doors, is required each 60’ linear feet along a Primary
158 frontage.of each building façade fronting on a Street, Public Path or open space on the same lot.
159
160 3. – 4. As written
161 ***
162 Article 5: CITYWIDE GENERAL REGULATIONS
163 ***
164 PART 3: NON-CONFORMITIES
165 ***
166 Sec. 5.3.5 Nonconforming Structures
167 (a) Changes and Modifications
168 Nothing in this Part shall be deemed to prevent normal maintenance and repair or structural repair, or moving of a
169 non-complying structure pursuant to any applicable provisions of this Ordinance.
170 Any change or modification to a nonconforming structure, other than to full conformity under this Ordinance, shall
171 only be allowed subject to the following:
172 1. Such a change or modification may reduce the degree of nonconformity and shall not increase the
173 nonconformity except as provided below.
174 Within the residential districts, and subject to Development Review Board approval, existing nonconforming
175 single family homes and community centers (existing enclosed spaces only) that project into side and/or rear




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176 yard setbacks may be vertically expanded so long as the expansion does not encroach further into the setback
177 than the existing structure. Such expansion shall be of the existing nonconformity (i.e. setback) and shall:
178 i) Be subject to conformance with all other dimensional requirements (i.e. height, lot coverage, density and
179 intensity of development);
180 ii) Not have an undue adverse impact on adjoining properties or any public interest that would be protected
181 by maintaining the existing setbacks; and,
182 iii) Be compatible with the character and scale of surrounding structures.
183 Existing accessory buildings of 15 feet in height or less shall not exceed 15 feet tall as expanded.
184 Within all districts, and subject to the Development Review Board approval, structures for the purpose of
185 creating an ADU may be constructed on lots with legally non-conforming lot coverage per Sec.5.2.3 (b) 10.
186 2. – 3. As written
187 (b) As written
188 ***
189
190 Article 6: DEVELOPMENT REVIEW STANDARDS
191
192 ***
193 PART 2: SITE PLAN DESIGN STANDARDS
194 ***
195 Sec. 6.2.2 Review Standards
196 (a) – (l) As written
197 (m) Landscaping, Fences, and Retaining Walls
198 Landscaping shall be used to beautify the development site and to provide specific functions and benefits to the
199 uses and buildings on the site. These include but are not limited to stormwater retention and erosion control, winter
200 windbreaks and summer shade, recreational and habitat corridors, buffers and screening of parking areas, and
201 creating privacy for and from adjacent property.
202
203 Existing trees shall be retained and incorporated into a landscape plan to the extent possible, and existing trees to
204 be retained shall be protected during construction in accordance with specifications provided by the city arborist.
205 Contiguous green space, both within the site and with adjacent properties, should be provided on a site whenever
206 possible and be designed to provide wildlife travel corridors and habitat preservation, as well as enabling
207 recreational access. If open space is intended to be publicly accessible, it shall be designed to maximize
208 accessibility for all individuals including the disabled, encourage social interaction, and facilitate ease of
209 maintenance. Along the street edge, landscaping shall be used to provide a visual buffer into parking areas from
210 the public street and reinforce the streetscape.
211
212 The selection of plant materials and planting sites should create a sustainable landscape, and consideration shall be
213 given to factors such as hardiness, salt tolerance, disease resistance, invasiveness, root and canopy spread,
214 underground and overhead utilities, soil conditions, and microclimates. The use of native plant materials is
215 encouraged, and the use of plants considered invasive by VT Agency of Agriculture shall be prohibited. For more
216 information on sustainable landscapes, applicants are encouraged to consult Planting Sustainable Landscapes: A
217 Guide for Plan Reviewers prepared for the Vermont Department of Forests Parks and Recreation by the Vermont
218 Chapter of the American Society of Landscape Architects.
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219
220 New or replacement street trees shall be provided consistent with the city’s Street Tree Master Plan. All proposed
221 street trees shall be selected and planted in accordance with specifications provided by the city arborist.
222
223 Fences may be placed within the required setback along a property line, but shall be setback sufficiently to provide
224 for the maintenance of both sides of the fence without entering onto the adjacent property and shall present a
225 finished side to the adjoining property and public street. Fences placed within a clear sight triangle shall adhere to
226 the standards of Sec. 5.2.6 (cd). Styles, materials, and dimensions of the proposed fence shall be compatible with
227 the context of the neighborhood and the use of the property.
228
229 Retaining walls greater than 5 feet tall shall incorporate textured surfaces, terracing, and/or vegetation to avoid
230 long monotonous unarticulated expanses and to minimize adverse visual impacts to neighboring properties. As
231 with fences, retaining wall styles, materials, and dimensions shall be compatible with the context of the
232 neighborhood and use of the property.
233
234 (n) – (o) As written
235 ***
236
237 Article 7: SIGNS
238 PART 1: GENERAL PROVISIONS
239 Sec. 7.1.1 Authority and Intent
240 These regulations are enacted under the provisions of 24 V.S.A. Section 4411 with the intent to ensure that all Signs
241 and advertising features:
242 (a) – I. As written
243 Any sign or advertising feature not expressly permitted by this ordinance shall be prohibited.

244 ***

245 Sec. 7.1.3 Exemptions
246 Repainting, refacing, repair, or change of lettering, logo, or colors using the same materials within an existing
247 permitted Sign frame shall be exempt from the requirements of this Article and allowed without the requirement to
248 obtain a new zoning permit.
249 The following types of Signs are permitted in all parts of the city, and shall also be exempt from the requirements of
250 this Article and the necessity to obtain a permit:
251 (a) – (g) As written
 (h) Historic Marker: A non-illuminated sign, either a Wall Sign sixteen square feet or less in size or a Freestanding
 Yard sign of 14 square feet or less and 12 feet tall or less, commemorating the historic significance of a building
 or site.
252 (i) – (j) As written




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253 ***
254 Article 9: INCLUSIONARY AND REPLACEMENT HOUSING
255 PART 1: INCLUSIONARY ZONING
256 ***
257 Sec. 9.1.5 Applicability
258 This ordinance provision shall apply to any development of five or more residential units in a single structure.
259 Multiple developments or projects by the same applicant or responsible party within any consecutive twelve (12)
260 month period that in the aggregate equal or exceed the above criteria shall be subject to these regulations.
261 Except as otherwise provided in this ordinance, these regulations shall apply in the instances specified below.
262 (a) The creation of five (5) or more residential units through new construction and/or substantial rehabilitation of
263 existing structures, including the development of housing units utilizing development provisions other than those
264 specified in Sec 9.1.5 (b).
265 (b) Where units are created using the Adaptive Reuse or Residential Conversion criteria pursuant to the provisions of
266 Art 4, Sec 4.4.5, this article shall be applicable when at least ten (10) or more dwelling units are created.
267 (c) – (d) As written
268 ***
269 Sec. 9.1.12 Additional Density and Other Development Allowances
270 All covered projects shall be entitled to increases in the development allowances of the underlying zoning district in
271 accordance with the provisions of this section.
272 (a) Any covered project shall be entitled by right to an increase in the maximum lot coverage density/intensity, and,
273 where applicable, height allowed for the lot(s) on which the project is located when all required Inclusionary
274 Units are constructed on the same lot, or lots subject to Article 11 Planned Development. Calculations for these
275 entitlements shall be based on the following tables:




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 Zoning District Maximum Maximum FAR FAR/Height Maximum Lot
 Units/Acre Coverage
 RH, RC 46 2.0 FAR 5 Stories, 62 ft. 9290%
 12’ height set back 10’ along
 street facade 1
 RM 25 1.75 FAR n/a 4 Stories, 50 ft. 4865%
 RM-W 25 12’ height set back 10’ along 72%
 street facade 1
 RL, RL-W 8.75 1.5 FAR 4 Stories, 50 ft. 4455%
 n/a
 FD6, FD5 n/a 0.5 FAR 0.5 FAR 100%
 NMU, NAC, n/a 0.5 FAR 0.5 FAR+12’ height set back 92%
 NAC-R 10’ along street facade
 NAC-CR n/a 0.5 FAR 0.5 FAR+12’ height set back 72%
 10’ along street facade
 E-LM-SEID n/a 0.25 FAR 0.25 FAR n/a
 1.
 In the RH and RM-W Neighborhood Mixed Use residential zones an additional 12 feet of building height shall
 be allowed by right only for an additional 5% of inclusionary housing units provided in excess of the minimum
 requirements of Sec. 9.1.8.

276 (b) – (d) As written
277 ***
278 Article 9: INCLUSIONARY AND REPLACEMENT HOUSING
279 ***
280 PART 2: HOUSING PRESERVATION AND REPLACEMENT/DEMOLITION AND CONVERSION
281 ***
282 Sec. 9.2.10 Exemptions
283 This article shall not be applicable to:
284 (a) – (b) As written
285 (c) The demolition, loss, or conversion to a nonresidential use of a single attached or detached housing unit or
286 duplex that is occupied by the owner as his or her primary residence for the twelve-(12) month period
287 preceding the date of application for conditional use approval. Nor shall this section be applicable in its
288 replacement requirement to that portion of a multi-unit building of three (3) units or more that is occupied by
289 the owner as his or her primary residence for the thirty-six-(36) month period preceding the date of application
290 for conditional use approval. Any exemption allowed under this provision shall be void if the owner sells any
291 of the applicable units within twenty-four (24) months of the date of conditional use approval; and,
292 (d) As written
293 ***
294

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295 Article 11: PLANNED DEVELOPMENT
296 Part 1: PLANNED UNIT DEVELOPMENT
297 ***
298 Sec. 11.1.5 Residential District Planned Unit Developments.
299 (a) Dimensional Standards
300 Unless otherwise stated, Planned Unit Development standards are required to follow the underlying district
301 dimensional standards.
302 1. A Planned Unit Development with Project Size of less than 0.5 acres and consisting of a Pocket Neighborhood or
303 Rowhouse project, shall be allowed, subject to underlying standards in Sec. 4.4.5(d)1.
304 2. A Planned Unit Development with Project Size of 0.5 acres or more shall be allowed, subject to the standards
305 established below in Table 11.1.5 -1 and Table 11.1.5-2.
306
307 Table 11.1.5-1 Residential District Planned Unit Development Intensity Standards – As written
308
309 The Development Review Board may exempt Planned Unit Developments existing as of January 1, 2024 from any standard in
310 Table 11.1.35-2.
311
312 Table 11.1.5-2 Residential District Planned Unit Development Setback Standards
 Setback
 Project Periphery Front
 Rowhouse Party
 District Internal
 ROW3 Wall Boundary
 Rear1 Front2 Side (Lot or Building)

 RL 20 ft.
 Min: 10% of lot
 Avg. of front setback 2 width or avg. of side
 adjacent lots on both setback of two
 RM sides +/- 5 feet adjacent lots on both
 0’ Min
 sides, whichever is 0 ft.
 Max Required: 20’ less 20’ Max
 RH 15 ft.

 Max Required: 20’
 RC Min Required: 5’ Min Required: 0 ft.
 Max Required: 20’
313 1. Buildings with a footprint greater than 5,000 sq. ft. must be set back at least 50 feet from any adjacent Lot not within the PUD
314 and located in an RL or RM district. However, this footnote shall not apply to the Residential - Special Uses specified in
315 footnote 6 of Table 4.4.5-2.
316 2. Buildings fully contained in the RL and RM districts with a footprint greater than 5,000 sq. ft. must have a front project
317 periphery setback of at least 50 feet. This footnote does not apply to any building that partially occupies any portion of a lot
318 zoned RC, nor does it apply to Residential – Special Uses specified in footnote 6 of Table 4.4.5-2.
319 3. Front setbacks shall be measured from the edge of the Right-of-Way that is fully internal to the project, to which the building
320 draws its frontage. Buildings must be at least 10’ from the curb or edge of a public Right-of-Way if no curb exists, except
321 where the ROW is a Public Path, in which case the building must be at least 5’ from the edge of the Public Path.
322 ***
323 Article 13: DEFINITIONS
324 ***
325 Sec. 13.1.2 Definitions.
326 For the purpose of this ordinance certain terms and words are herein defined as follows:
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327
328 Unless defined to the contrary in Section 4303 of the Vermont Planning and Development Act as amended, or defined
329 otherwise in this section, definitions contained in the building code of the City of Burlington, Sections 8-2 and 13-1 of
330 the Code of Ordinances, as amended, incorporating the currently adopted edition of the American Insurance
331 Association's "National Building Code" and the National Fire Protection Association's "National Fire Code" shall
332 prevail.
333
334 Additional definitions specifically pertaining to Art. 14 planBTV: Downtown Code can be found in Sec. 14.8, and
335 shall take precedence without limitation over any duplicative or conflicting definitions of this Article.
336
337 ***
338 Building: Not synonymous with Structure; man-made construction completely enclosed by a roof, window, doors and
339 solid exterior walls, and designed, built, or occupied as a shelter of enclosure for persons, animals, or property.
340 ***
341 Elderly Housing: See Housing, Senior.
342 ***
343 Housing, Senior: Housing that is designed for, and is occupied primarily by, those persons fifty-five (55) years of age
344 or older.
345 ***
346 Planned Unit Development: A development plan for one or more lots, tracts, or parcels to be developed as a single,
347 integrated entity. See Article 11 for specific provisions. One or more lots, tracts, or parcels of land to be developed as a
348 single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases,
349 as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise
350 applicable to the area in which it is located with respect to lot size, bulk, or type of dwelling or building, use, density,
351 intensity, lot coverage, parking, required common open space, or other standards, pursuant to the authority and
352 limitations set forth in the comprehensive master plan and 24 V.S.A. §4417 as amended.
353 ***
354 Senior Housing: See Housing, Senior
355 ***
356 Article 14 PlanBTV Downtown Code
357 Section 14.8: Glossary
358 This Section provides definitions for certain terms found in this Article 14. Additional definitions are to be found in
359 Article 13 of the BCDO.
360 The following terms, as used in this Article 14, shall have the following meanings:
361 ***
362 Building: not synonymous with Structure; man-made construction completely enclosed by a roof, window, doors and
363 solid exterior walls, and designed, built, or occupied as a shelter of enclosure for persons, animals, or property. See
364 definition for “Building” in Article 13.
365 ***
366
367 * Material stricken out deleted.
368 ** Material underlined added.
369

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370 Planning/KS/ Ordinances 2026/ZA-26-01 Technical Corrections and Minor Revisions
371 CDO Sections 3.1.2 (c), Table 3.5.2-1, 3.5.3 (c), Table 4.4.2-1, 4.4.2 (d) 3. B, Table 4.4.5-1, 4.4.5. (d) 2. B, 4.4.5. (d) 4. D, 4.4.5-6, 4.4.5-7, Table
372 4.5.6-2, 4.5.5 (c) 2. C, 3.5.3. A. 1, 5.3.5 (a), 6.2.2 (m), 7.1.1, 7.1.3 (h), 9.1.5 (b), 9.1.12, 9.2.10 (c), Article 11, Table 11.1.5-2, Article 13
373 CC 1st read 11/24/25




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Page 37 of 41
Page 38 of 41
Page 39 of 41
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: Councilors Traverse
 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: ______________
 Second reading:
 UNLAWFUL ENTRY  ________________
 INTO A MOTOR VEHICLE
 Action: ______________________
 Date: ________________________
 Signed by Mayor: ______________
 Published: ____________________
 Effective: _____________________

 It is hereby Ordained by the City Council of the City of Burlington as follows:

 1 That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of
 2 Burlington be and hereby is amended by amending Article 1, In General; Section 21-45, Unlawful trespass;
 3 as follows:
 4

 5 21-45 Unlawful trespass.

 6 (a) It shall be unlawful for a person who, without legal authority or the consent of the person in lawful
 7 possession, enters or remains on any land or in any place as to which notice against trespass is given by:

 8 (ai) Actual communication by the person in lawful possession or their agent or by a law enforcement
 9 officer, community service officer, community support liaison, urban park ranger, parks patrol, the
10 city’s contracted private security, or any other city official authorized to enforce the city’s ordinances,
11 acting on behalf of such person or their agent pursuant to protocols and/or directives established by the
12 police department; or

13 (bii) Signs or placards so designed and situated as to give reasonable notice.

14 (b) It shall also be unlawful for a person to enter the motor vehicle of another and know that the person does
15 not have the legal authority or the consent of the person in lawful possession of the motor vehicle. Notice of
16 trespass shall not be required under this subsection.
17
18 (c) A violation of this section shall be a civil matter and enforced in accordance with the provisions
19 of 24 V.S.A. section 1974a and section 1977 et seq. A civil penalty of not more than five hundred dollars
20 ($500.00) may be imposed for a violation of this section. The civil penalty may, at the discretion of the
21 prosecuting official, be eliminated or reduced upon the successful completion of a restorative or reparative
22 justice program through the community justice program. In lieu of further process and prosecution, persons
23 ticketed for violations of this section may pay a waiver penalty under the schedule set out below:

24 Waiver Penalty:




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 An Ordinance in Relation to UNLAWFUL ENTRY INTO A MOTOR VEHICLE


25 First offense: The waiver penalty shall be two hundred fifty dollars ($250.00).

26 Second offense, within a six-month period: The waiver penalty shall be three hundred dollars ($300.00).

27 Third offense or more, within a twelve-month period: The waiver penalty shall be four hundred dollars
28 ($400.00).

29 Each time that the violation occurs will constitute a separate violation of this section. Any law enforcement
30 officer, community service officer, community support liaison, urban park rangers, parks patrol, or any other
31 city official authorized to enforce the city’s ordinances, can enforce this section.

32

33 * Material stricken out deleted.
34 ** Material underlined added.
35
36 Ordinances 2025/Unlawful Entry into a Motor Vehicle/BCO Ch. 21, Article 1
37 Sec. 21-45
38 12/5/2025
39




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Ordinance Committee
 Friday, December 5, 2025
 Bushor Conference Room Conference Room
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES

Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Kane

Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City
Attorney), Bill Ward (Director of DPI), Sarah Morgan (Planning), Jackie Esperti (Director of
Parking Services)

Public Present: Sharon Bushor

Meeting called to order at 2:01 PM.

1. Adopt the Agenda
 1.1 Adopt the Agenda

Motion to Adopt Agenda.
Motion by Councilor Kane, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes
 2.1 Adopt Draft Minutes from November 7th.

Motion to Adopt the Draft Minutes from 11/7.
Motion by Councilor Kane, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum

Sharon Bushor: There are some small corrections to be made on ZA-26-01. In the SEID memo
there is a reference to people not wanting to go to physical stores anymore. I don’t think that’s
true. I don’t support only building residential buildings in the SEID and there should be retail
and other commercial space. I also think the City is not doing enough to support affordable
housing and should update the IZ ordinance.

4. Parking Ordinances Changes; BCO

Attorney Ramakrishnan and Parking Director Esperti went over the draft changes of the parking
ordinance. The draft ordinance is available on CivicClerk.


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Motion to ask City staff to draft a memo outlining the necessary ordinance changes to 20-55(g)
of the BCO, and to have the Ordinance Committee sponsor the draft ordinance as written, and to
refer the draft ordinance back to the full City Council with the recommendation to place the
ordinance in all stages of adoption.
Motion by Councilor Carpenter, Seconded by Councilor Kane.
Final Resolution: Motion Passes
Yes: Unanimous

Motion to report back to the full City Council that the Ordinance Committee has concluded there
is no need for an ordinance change to the section regarding no parking, but rather that a new
departmental policy will be developed to ensure proper public notice of parking closures.
Motion by Councilor Bergman, without objection.

5. Sidewalk Interference Ordinance; BCO Chapter 27, Art. 1

Attorney Ramakrishnan explained the rationale for the ordinance change to Chapter 27-21. The
draft ordinance is available on CivicClerk.

Motion to approve the change in Chapter 27-21 that will allow all municipal employees that are
authorized to issue municipal complaints to issue tickets relating to sidewalk interference.
Motion by Councilor Carpenter, Seconded by Councilor Kane.
Final Resolution: Motion Passes
Yes: Unanimous

Councilor Bergman said he is fine with increasing the fine fee, but only for sidewalk interference
and not for all the other violations in articles I, III, IV, and V. He continued that he would like to
see smaller fees that grow each time DPI would have given warnings.

All councilors agreed that more time is needed to decide on further changes to fee amounts.

Motion to remove the draft ordinance change that raised the lower end of the fee penalty from
$50 to $250, to refer the draft ordinance back to the full City Council, and to keep jurisdiction
over this ordinance for changes in the future.
Motion by Councilor Carpenter, Seconded by Councilor Kane.
Final Resolution: Motion Passes
Yes: Unanimous

6. Zoning Amendment ZA-26-01 Technical Changes and Corrections

Sarah Morgan (Planning) gave a presentation on the draft changes in the zoning amendment.
ZA-26-01 is available on CivicClerk.

All councilors agreed to return to ZA-26-01 on December 18th.




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7. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-25(b)

Councilor Bergman asked the City Attorney’s Office to ask BPD for more information on this
issue and how the ordinance might help them.

Motion to refer the draft ordinance back to the full City Council with a recommendation for
adoption, and that the memo accompanying the ordinance contain requested information from
BPD.
Motion by Councilor Carpenter, Seconded by Councilor Kane.
Final Resolution: Motion Passes
Yes: Unanimous

8. Any Other Committee Business

The next Ordinance Committee Meeting is on December 18th.

9. Adjournment

The meeting was adjourned at 4:04 PM.




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