Ordinance Committee — Burlington, VT
Date: 2026-03-06
Time: 14:00

Friday, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Mar 6, 2026 02:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting Agenda

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1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from 2/19
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 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 March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. CDO - Transportation Demand Management (TDM) as it relates to
Inclusionary Zoning (IZ)
  Subject 4.1. CDO - ZA-26-03 Transportation Demand Management (TDM) as it relates
 to Inclusionary Zoning (IZ)
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary
 Zoning (IZ)

  Department Council and Board


  Type

  Recommended Action

5. CDO - ZA-26-02 PlanBTV Downtown Code Fences
  Subject 5.1. CDO - ZA-26-02 PlanBTV Downtown Code Fences
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. CDO - ZA-26-02 PlanBTV Downtown Code Fences

  Department Council and Board


  Type

  Recommended Action

6. Fuel Purchase Ordinance
  Subject 6.1. Fuel Purchase Ordinance
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 6. Fuel Purchase Ordinance

  Department Council and Board


  Type
  Recommended Action

7. Private Parking Lot Terms and Rates Ordinance
  Subject 7.1. Private Parking Lot Terms and Rates Ordinance
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 7. Private Parking Lot Terms and Rates Ordinance

  Department Council and Board


  Type

  Recommended Action

8. Any Other Committee Business
  Subject 8.1. Any Other Committee Business
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 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 March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 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, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM

When: Mar 6, 2026 02:00 PM Eastern Time (US and Canada)
Topic: Ordinance Committee Meeting Agenda

Join from PC, Mac, iPad, or Android:
https://zoom.us/j/97805104302?pwd=sAjHMXNT1WYSi6pFl0DBVkceXbDxaN.1
Passcode:354721

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+1 669 900 6833 US (San Jose)
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+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
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US
Webinar ID: 978 0510 4302
Passcode: 354721
International numbers available: https://zoom.us/u/addshMNnzp




1. Agenda
  1.1. Motion to amend/adopt agenda

2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes from 2/19
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 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 67
  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. CDO - Transportation Demand Management (TDM) as it relates to
Inclusionary Zoning (IZ)
  Subject 4.1. CDO - ZA-26-03 Transportation Demand Management (TDM) as it relates
 to Inclusionary Zoning (IZ)
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary
 Zoning (IZ)

  Department Council and Board


  Type

  Recommended Action

5. CDO - ZA-26-02 PlanBTV Downtown Code Fences
  Subject 5.1. CDO - ZA-26-02 PlanBTV Downtown Code Fences
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 5. CDO - ZA-26-02 PlanBTV Downtown Code Fences

  Department Council and Board


  Type

  Recommended Action

6. Fuel Purchase Ordinance
  Subject 6.1. Fuel Purchase Ordinance
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 6. Fuel Purchase Ordinance

  Department Council and Board


  Type



 Page 2 of 67
  Recommended Action

7. Private Parking Lot Terms and Rates Ordinance
  Subject 7.1. Private Parking Lot Terms and Rates Ordinance
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00
 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM


  Category 7. Private Parking Lot Terms and Rates Ordinance

  Department Council and Board


  Type

  Recommended Action

8. Any Other Committee Business
  Subject 8.1. Any Other Committee Business
  Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 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 March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 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 67
 Ordinance Committee
 Thursday, February 19, 2026
 Bushor Conference Room Conference Room
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES

Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Barlow,
Councilor Kane (Arrived 5:05 PM)

Staff Present: Kim Sturtevant (Assistant City Attorney), Bill Ward (Director of DPI)

Public Present: Sharon Bushor, Alicia Estey, Wendy Koenig, Amanda Clayton, James Dobson,
Nic Anderson, Alve Yanowitz, Ben Robke

Meeting called to order at 4:30 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 January 15, 2026

Motion to adopt the draft minutes as revised.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

  2.2 Adopt Draft Minutes from February 6, 2026

Motion to adopt the draft minutes as drafted.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum

Sharon Bushor: It would be useful to know the volume of issues and the timeline for how long
different issues take to resolve. I did see that Champlain inspects all of their housing units each
year but I didn’t see what proportion UVM inspects per year. I wonder if the State would have
any role in the inspection of institutional housing.

 Page 1 of 3



 Page 4 of 67
4. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion

 4.1 Update from Champlain College Administration

Nic Anderson (Champlain College) spoke about Champlain College’s maintenance protocol.
More information from Champlain College is available in the agenda packet on CivicClerk.

Councilors Bergman and Barlow both wanted more information about the volume of requests
and the data on how long requests go before being resolved.

Councilor Kane arrived at 5:05 PM.

 4.2 Update from UVM Administration

Wendy Koenig, Alicia Estey, and Amanda Clayton (UVM) spoke about UVM’s maintenance and
inspection protocols. More information from UVM is available in the agenda packet on
CivicClerk.

 4.3 Update from UVM Student Tenants’ Union

Members of the UVM Student Tenants’ Union shared their updates and responded to the updates
from the UVM administration.

Alve Yanowitz (UVM Student Tenants’ Union): I believe that the City should inspect
dormitories like any other housing units to ensure compliance as the university’s current
practices are not sufficient.

Councilor Bergman said that improving the maintenance reporting system is in both parties’
interests and should be prioritized so there is reliable data.

 4.4 Update from the City of Burlington

Bill Ward (Director of DPI) said he intends to have draft language for review at the next meeting
on this issue. He said that he has ideas about how to facilitate university compliance and to shift
the timeframe of inspection compliance toward the summer for ease for both the City and
institution.

5. Any Other Committee Business

The next meeting is scheduled for March 6th at 2:00 PM. The next meeting on the institutional
exemption ordinance is scheduled for March 19th.

6. Adjournment

Motion to adjourn by Councilor Bergman, without objection.

 Page 2 of 3



 Page 5 of 67
The meeting was adjourned at 6:43 PM.




 Page 3 of 3



 Page 6 of 67
To: Burlington Ordinance Committee

From: Cindy Reid, Cathedral Square
 Michael Monte, Champlain Housing Trust
 Jess Neubelt, Evernorth

CC: Kim Sturtevant, Assistant City Attorney

Re: Request for minor revision to the Transportation Demand Management Ordinance

Date: January 29, 2026



Champlain Housing Trust, Evernorth, and Cathedral Square are requesting a minor revision to the
Transportation Demand Management ordinance (last amended in 2023) clarifying that affordable
housing buildings need only comply with outreach and education as well as reporting to the City as
requested, whether or not they are permitted as part of a PUD. To illustrate an example of this issue,
we have recently been asked by the DRB to provide full TDM services to our residents for our
properties at Cambrian Rise.



We believe a modification and clarification would be in keeping with the intent of the Ordinance
amendment discussions we had with several of you in 2022-2023. This resulted in an exemption for
buildings with a significant level of affordability (at least 75% of units that would meet the IZ
ordinance definition of "affordable").



As we stated in 2022-2023, the full TDM Ordinance, if applied to affordable housing projects, would
be cost prohibitive. At a time when we are experiencing significant increases in insurance, taxes and
maintenance costs, and we are providing as many services (SASH®, housing retention, mental
health) as we can to address the basic needs of our vulnerable populations, and to prevent
evictions, we cannot afford more requirements layered onto our operations.




 Page 7 of 67
At Cambrian Rise, the larger CDO's definition of a project does not allow for the affordable housing
partial exemption to apply to units that are within a PUD, even if they otherwise meet the criteria for
the modified implementation requirements. We are requesting a minor modification to the
definition of affordable housing included within Table 8.1.16-1, to explicitly allow the
"Affordable Projects" definition to include buildings within a PUD, including if they are serving
as that PUD’s IZ units.



This modification would also ensure that the requirements are not being retroactively applied to
buildings - such as CHT's Laurentide and Cathedral Square's Juniper Housing - that were
constructed prior to the TDM ordinance's implementation.



This exemption is critical for us in both standalone buildings and buildings in PUDs. Our buildings
feature lower levels of car ownership than their market-rate counterparts, and our staff spend
enormous portions of their days navigating many layers of regulatory compliance. Waiving the
costliest portions of TDM allows us to preserve our federally and locally restricted operating
budgets for our key mission -- supporting our communities' highest needs residents — without
adding cars to Burlington's taxed road system. In all cases, we would still maintain TDM plans that
encompass the Outreach & Education portions of the ordinance.



Thanks for your time and consideration.




Attachment: Transportation Demand Management Memo to City Council 1.9.2023




 Page 8 of 67
To: Mayor Weinberger and Burlington City Council

From: Cindy Reid, Cathedral Square
 Michael Monte, Champlain Housing Trust
 Jonathan Farrell, COTS
 Jess Neubelt, Evernorth

Re: Expansion of Transportation Demand Management Ordinance

Date: January 9, 2023

As representatives of the City’s Designated Housing Agencies, we are writing to support the proposed
amendment to the Transportation Demand Management (TDM) ordinance.

Specifically, we support that the amendment requires affordable housing projects (defined as projects
with at least 75% affordable units as defined by IZ criteria or housing rented to residents who receive
public subsidy), to comply with only Section 8.1.16 c. 1. (education and outreach for residents) and
section 8.1.16 c 4 (reporting to the City upon request). We also support that previously permitted
projects with existing TDM plans (e.g., COTS) will be able to seek an administrative amendment to their
permit, aligning with the new TDM criteria. Finally, we believe that the shift from mandating TDM
strategies to providing a menu of options will save renters and landlords money that could be better
spent in more targeted, impactful ways.

We appreciate your hearing our concerns about the prior TDM iteration’s potential impacts on
affordable housing viability as well as your time spent working with us on this amendment. Our
affordable housing communities meet many public goals, and it’s critical that we maintain their viability
in the process, while housing some of our most vulnerable community members. As developers and
operators or affordable communities, we know that these changes will make a real difference in our
ability to adequately finance and manage our buildings.

Thank you!




 Page 9 of 67
Article 8: Parking Article Last Updated: January 25, 2023


 any pair of tandem parking spaces shall not serve more than one dwelling unit .
 Tandem parking shall also be allowed for dedicated employee-only parking where
 signed as such.
 (c) Stacked parking shall be allowed for single-family detached dwelling units and
 Accessory Dwelling Units with no requirement for an attendant to be present.




 Normal


 Tandem




 Stacked


Sec. 8.1.15 (Reserved)

Sec. 8.1.16 Transportation Demand Management
 (a) Purpose: This section requires the implementation of a Transportation Demand
 Management (TDM) Program for certain projects for the purpose of advancing
 the goals of the City’s land use and transportation plans, and promoting public
 health, safety, welfare, and protection of the environment by:
 • Reducing parking demand;
 • Reducing car ownership;
 • Reducing vehicle miles traveled (VMT), single occupant vehicle usage
 and congestion; and,
 • Increasing transit use and non-motorized travel;
 (b) Applicability:
 (1) A Transportation Demand Management Program shall be required for all
 projects in any Parking District involving any one or more of the
 following:




Comprehensive Development Ordinance p. 8-16
City of Burlington, VT

 Page 10 of 67
Article 8: Parking Article Last Updated: January 25, 2023



 Table 8.1.16-1 Transportation Demand Management Program Required
 Applicable Projects Affordable Projects Small Projects
 Project Type • Creation of 10 or Projects involving one Creation of five
 more dwelling units or more “Applicable (5) to nine (9)
 • A non-residential or Projects”  and that also  dwelling units
 Mixed Use contain at least 75% of
 development with a dwelling units meeting
 building footprint  or exceeding the
 of eight thousand affordability criteria of
 (8,000) sq.ft. or Article 9, Inclusionary
 more; or the & Replacement
 creation of fifteen Housing, or housing
 thousand (15,000) rented to tenants
 sq.ft. or more of receiving federal or
 gross floor area state rental assistance
 Applicable All provisions of Sec. Sec. 8.1.16 (c) 1. and Sec. 8.1.16 (c) 3.
 TDM Sections 8.1.16 (c) Sec. 8.1.16 (c) 4. only b. only


 For projects that were issued permits with TDM requirements prior to January 31,
 2023, an administrative permit amendment may be requested to align the permit
 with the TDM requirements set forth herein.

 (c) Transportation Demand Management (TDM) Program: A TDM Program
 shall include each of the following elements at a minimum:
 (1) Outreach and Education:
 a. Designation of a Transportation Coordinator who directly, or
 indirectly through membership in a Transportation Management
 Association, shall be responsible for each of the following:
 1. Prepare and always make available to all residents and
 employees informational and educational materials
 regarding available TDM strategies and opportunities for
 increased use and participation;
 2. Preparation and dissemination of an annual travel survey of
 all residents and employees; and,
 3. Record-keeping and reporting to City upon request of all
 TDM activities offered and rates of participation (including
 parking utilization if applicable).
 (2) TDM Strategies: In addition to compliance with the on-site Bicycle
 Parking requirements found in Article 8, Part 2, each TDM Program must
 incorporate TDM strategies to minimize the amount of parking demand
 associated with the project. At a minimum, a TDM Program shall select no
 less than two (2) of the following TDM strategies, which shall be selected
 and filed with the Administrative Officer on an annual basis:


Comprehensive Development Ordinance p. 8-17
City of Burlington, VT

 Page 11 of 67
Article 8: Parking Article Last Updated: January 25, 2023


 a. Maintain an ongoing and active membership in a Transportation
 Management Association (TMA);
 b. Provide GMT Transit passes to all residents and employees at a
 minimum discount of 50%;
 c. Provide a free car share membership to all residents and
 employees;
 d. Provide a free bike share membership to all residents and
 employees;
 e. If not already provided through a TMA membership, provide
 residents and employees with a shuttle service, guaranteed ride
 home program, or ride to a nearby transit center.


 (3) Parking Management: Where on-site or off-site parking is also made
 available:
 a. Conduct parking utilization studies at least annually for a period of
 7 years from receipt of a Certificate of Occupancy;
 b.With the exception of permanently affordable housing units, the
 cost of parking shall be un-bundled from all residential and non-
 residential leases and deeds and made available at a market rate;
 c. Where parking spaces are made available to off-site users, parking
 spaces may be made available by a renewable lease, provided the
 term of any lease does not exceed one (1) year; and,
 d.Priority parking spaces: when on-site parking is provided, the
 following must be located in closest proximity to a primary
 building entrance and/or public street frontage:
 1. ADA Accessible spaces;
 2. Bicycles, scooters, and motorcycles spaces;
 3. Car-share: where 1 space must be offered for projects with
 20 or more residential units, subject to an agreement with a
 car-share provider; and,
 4. Carpool and/or Vanpool vehicles: where more than 20
 spaces are available for non-residential uses. In such cases,
 5 spaces or 5% of the parking spaces on site, whichever is
 less, must be reserved for carpool/vanpool use before 9:00
 AM on weekdays.
 (4) TDM Agreement: Each TDM Plan shall include a signed commitment to
 and acknowledgement of each of the following on a form provided by the
 Administrative Officer:
 a. Commitment to ongoing implementation of the TDM requirements
 as set forth above;



Comprehensive Development Ordinance p. 8-18
City of Burlington, VT

 Page 12 of 67
Article 8: Parking Article Last Updated: January 25, 2023


 b.Acknowledgement that the project has no claim to the ongoing
 availability of nearby on-street public parking, and that, as is the
 case with other on-street public parking, the City retains the right
 to charge for, restrict or remove such on-street parking at any time;
 c. Acknowledgement that failure to maintain transportation demand
 management as required above is a violation of this ordinance, and
 understanding that, pursuant to Sec. 2.7.8 of this ordinance, no
 zoning permit or certificate of occupancy may be granted until any
 such violation has been remedied; and,
 d.Commitment to notify any subsequent owners and tenants in
 writing of their obligations under this section as part of any
 purchase and sale and/or lease agreements.
 Review and Enforcement: The Administrative Officer shall be responsible for
 determining compliance with the TDM Program requirements as set forth above,
 and ongoing implementation shall be included as a condition of any discretionary
 or administrative permit required for development subject to the conditions of this
 Section.
 Failure to maintain a TDM Program as required above shall be a violation of this
 ordinance, and pursuant to Sec. 2.7.8 of this ordinance no zoning permit or
 certificate of occupancy may be granted without a TDM Program in effect.
 Guidelines regarding compliance with these TDM requirements shall be developed
 and provided to applicants by the Administrative Officer.



 PART 2: BICYCLE PARKING

Sec. 8.2.1 Intent
 It is the intent of this subpart to:
 (a) Ensure the provision of parking spaces that are designed for bicycles and to ensure
 that bicycle parking needs of new land uses and development are met, while
 ensuring bicycle parking spaces are designed and located in a consistent manner.
 Provide bicycle access to employment, commercial destinations, and other
 transportation alternatives;
 (b) Provide safe, convenient, and adequate bicycle parking facilities that:
 1. Meet the demands of the use of the property;
 2. Reduce hazards to pedestrians;
 3. Enhance the visual quality of the city;
 4. Reduce the adverse impacts associated with the bicycle parking, which includes
 bicycles parked on parking meters, signs, trees, etc; and,


Comprehensive Development Ordinance p. 8-19
City of Burlington, VT

 Page 13 of 67
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor: Office of City Planning,

 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Six ___________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 stages of passage: ______________
 Second reading:
 CDO—TDM ________________
 Exemptions for  Affordable Housing
 Action:
 ZA-26-03 ______________________
 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 Article 8, Parking; Part 1, General Requirements; Sec. 8.1.9-1, Maximum Off-Street
 3 Parking Requirements; and Table 8.1.16-1, Transportation Demand Management Program Required; to clarify the
 4 definition of affordable housing projects to include buildings within a Planned Unit Development, and to clarify
 5 that Affordable Projects are only required to meet a subset of Transportation Demand Management requirements even
 6 in the case of a Waiver of Maximum Parking Limitations applying TDM requirements to a project. As such, the
 7 ordinance is amended to read as follows:
 8 ***
 9 ARTICLE 8: PARKING
10 ***
11 PART 1: GENERAL REQUIREMENTS
12 ***
13 Sec. 8.1.9 Maximum On-Site Parking Spaces
14 The total number of off-street parking spaces provided in any parking district shall not be more than as
15 allowed in Table 8.1.9-1 below:
16 (a) Where a use is not listed, the maximum parking requirements shall be determined by the
17 administrative officer based upon a determination that the use is substantially equivalent in use,
18 nature, and impact to a listed use.
19 (b) When the calculation yields a fractional number of maximum spaces, the number of spaces shall be
20 rounded to the nearest whole.
21
22 Table 8.1.9-1 Maximum Off-Street Parking Requirements—As written.
23 (a) Exemptions: The following shall not be included in the maximum number of allowable spaces
24 required by this section:
25
26 1. – 6. As written.
27
28 7. Waiver of Maximum Parking Limitations. Parking in excess of the maximum parking limitation
29 of this section, may be waived by the DRB pursuant to the following requirements:


 Page 14 of 67
 Page 2
 An Ordinance in Relation to ZA-26-03 TDM Exemptions for Affordable Housing

30
31
32
33 A. The applicant requesting the waiver shall also provide:
34 (i) a peak demand parking study for two similar uses in the area; and,
35 (ii) a TDM Plan pursuant to the requirements of Sec. 8.1.16,. provided that Affordable
36 Projects shall only be required to comply with Sections 8.1.16(c) 1 and 8.1.16(c) 4,
37 as stated in Table 8.1.16-1.
38
39 B. As written.
40
41 ***
42
43 Section 8.1.16 Transportation Demand Management
44 (a) Purpose: As written.
45 (b) Applicability:
46 (1) A Transportation Demand Management Program shall be required for all projects in any Parking
47 District involving any one or more of the following:
48
 Table 8.1.16-1 Transportation Demand Management Program Required
 Applicable Projects Affordable Projects Small
 Project Projects
 Type • Creation of 10 or more Projects involving one or more Creation of five
 dwelling units “Applicable Projects” and that (5) to nine (9)
 • A non-residential also contain at least 75% of dwelling units
 or Mixed dwelling units meeting or exceeding
 Use development with a the affordability criteria of Article
 building footprint of 9, Inclusionary & Replacement
 eight thousand Housing, or housing rented to
 (8,000) sq.ft. or more; or tenants receiving federal or state
 the creation of fifteen rental assistance including buildings
 thousand (15,000) sq.ft. within a Planned Unit
 or more of gross floor Development that meet or exceed
 area the above criteria
 Applicable All provisions of Sec. 8.1.16 Sec. 8.1.16 (c) 1. and Sec. 8.1.16 (c) Sec. 8.1.16 (c)
 TDM (c) 4. only 3. b. only
 Sections
49
50 For projects that were issued permits with TDM requirements prior to January 31, 2023, an
51 administrative permit amendment may be requested to align the permit with the TDM requirements
52 set forth herein.
53 (c) Transportation Demand Management (TDM) Program: A TDM Program shall include each of
54 the following elements at a minimum:
 Page 2


 Page 15 of 67
 Page 3
 An Ordinance in Relation to ZA-26-03 TDM Exemptions for Affordable Housing

55 (1) Outreach and Education:
56 a. Designation of a Transportation Coordinator who directly, or indirectly through
57 membership in a Transportation Management Association, shall be responsible for each of
58 the following:
59 1. Prepare and always make available to all residents and employees informational and
60 educational materials regarding available TDM strategies and opportunities for
61 increased use and participation;
62 2. Preparation and dissemination of an annual travel survey of all residents and
63 employees; and,
64 3. Record-keeping and reporting to City upon request of all TDM activities offered and
65 rates of participation (including parking utilization if applicable).
66 (2) TDM Strategies: In addition to compliance with the on-site Bicycle Parking requirements
67 found in Article 8, Part 2, each TDM Program must incorporate TDM strategies to minimize
68 the amount of parking demand associated with the project. At a minimum, a TDM Program
69 shall select no less than two (2) of the following TDM strategies, which shall be selected and
70 filed with the Administrative Officer on an annual basis: Article 8: Parking Article Last
71 Updated: January 25, 2023 Comprehensive Development Ordinance p. 8-18 City of
72 Burlington, VT
73 a. Maintain an ongoing and active membership in a Transportation Management Association
74 (TMA);
75 b. Provide GMT Transit passes to all residents and employees at a minimum discount of
76 50%;
77 c. Provide a free car share membership to all residents and employees;
78 d. Provide a free bike share membership to all residents and employees;
79 e. If not already provided through a TMA membership, provide residents and employees with
80 a shuttle service, guaranteed ride home program, or ride to a nearby transit center.
81 (3) Parking Management: Where on-site or off-site parking is also made available:
82 a. Conduct parking utilization studies at least annually for a period of 7 years from receipt of
83 a Certificate of Occupancy;
84 b. With the exception of permanently affordable housing units, the cost of parking shall be un-
85 bundled from all residential and nonresidential leases and deeds and made available at a
86 market rate;
87 c. Where parking spaces are made available to off-site users, parking spaces may be made
88 available by a renewable lease, provided the term of any lease does not exceed one (1)
89 year; and,
90 d. Priority parking spaces: when on-site parking is provided, the following must be located in
91 closest proximity to a primary building entrance and/or public street frontage:
92 1. ADA Accessible spaces;
93 2. Bicycles, scooters, and motorcycles spaces;
 Page 3


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 Page 4
 An Ordinance in Relation to ZA-26-03 TDM Exemptions for Affordable Housing

 94 3. Car-share: where 1 space must be offered for projects with 20 or more residential
 95 units, subject to an agreement with a car-share provider; and,
 96 4. Carpool and/or Vanpool vehicles: where more than 20 spaces are available for non-
 97 residential uses. In such cases, 5 spaces or 5% of the parking spaces on site, whichever
 98 is less, must be reserved for carpool/vanpool use before 9:00 AM on weekdays.
 99 (4) TDM Agreement: Each TDM Plan shall include a signed commitment to and
100 acknowledgement of each of the following on a form provided by the Administrative Officer:
101 a. Commitment to ongoing implementation of the TDM requirements as set forth above;
102 Article 8: Parking Article Last Updated: January 25, 2023 Comprehensive Development
103 Ordinance p. 8-19 City of Burlington, VT
104 b. Acknowledgement that the project has no claim to the ongoing availability of nearby on-
105 street public parking, and that, as is the case with other on-street public parking, the City
106 retains the right to charge for, restrict or remove such on-street parking at any time;
107 c. Acknowledgement that failure to maintain transportation demand management as required
108 above is a violation of this ordinance, and understanding that, pursuant to Sec. 2.7.8 of this
109 ordinance, no zoning permit or certificate of occupancy may be granted until any such
110 violation has been remedied; and,
111 d. Commitment to notify any subsequent owners and tenants in writing of their obligations
112 under this section as part of any purchase and sale and/or lease agreements.
113 Review and Enforcement: The Administrative Officer shall be responsible for determining
114 compliance with the TDM Program requirements as set forth above, and ongoing implementation
115 shall be included as a condition of any discretionary or administrative permit required for
116 development subject to the conditions of this Section.
117 Failure to maintain a TDM Program as required above shall be a violation of this ordinance, and
118 pursuant to Sec. 2.7.8 of this ordinance no zoning permit or certificate of occupancy may be
119 granted without a TDM Program in effect.
120 Guidelines regarding compliance with these TDM requirements shall be developed and provided
121 to applicants by the Administrative Officer.
122
123
124 * Material stricken out deleted.
125 ** Material underlined added.
126
127 Planning/KS/ Ordinances 2026/ZA-26-03TDM Exemptions for Affordable Housing
128 CDO Sections 8.1.9 and Table 8.1.16-1
129
130 CCOC 3/4/26




 Page 4


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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 City Council Ordinance Committee
FROM: Stella Jordan, Senior Planner
 Charles Dillard, AICP, Director of City Planning
DATE: March 4, 2026
RE: Proposed ZA-26-03 TDM Exemptions for Affordable Housing

This memo is intended to provide an overview about the proposed changes included in ZA-26-03.
1. Overview
This Amendment proposes clarifying the definition of affordable housing projects and their obligations in relation
to Transportation Demand Management (TDM) requirements. Specifically, this Amendment proposes including
affordable buildings within a Planned Unit Development (PUD) in the definition of Affordable Projects when
determining TDM requirement applicability, and further clarifying that Affordable Projects are only required to
meet a subset of TDM requirements as provided in Article 8, Section 8.1.16 of the Comprehensive Development
Ordinance, even in the case of a Waiver of Maximum Parking Limitations applying TDM requirements to a
project or a PUD.
2. Background & Past Efforts
This Amendment addresses concerns raised by the developers of buildings that contain affordable housing within
the Cambrian Rise PUD that compliance with full TDM requirements would represent an undue administrative
and cost burden for the affordable buildings in particular. The TDM requirements in question were activated by a
2022 project-wide Maximum Parking Waiver and dwelling unit count increase amendment for the entire
Cambrian Rise PUD.
Under the current CDO regulations regarding Waivers of Maximum Parking Limitations (Sec. 8.1.8 (a) 7. A.), the
Cambrian Rise project must submit a project-wide TDM Plan consistent with TDM regulations (Sec. 8.1.16)
wherein all buildings in the PUD are subject to the full suite of applicable TDM Program requirements. The
developers of the affordable buildings for Cambrian Rise sought an amendment to the project’s current TDM plan
(which was submitted with the 2022 project amendment) to exempt these buildings from elements of the existing
TDM plan and separate them from the rest of the Cambrian Rise project with respect to the implementation of
Outreach and Education strategies and TDM strategies. The Development Review Board reviewed this request on
December 16, 2025, finding that the affordable buildings in question were part of the overall Cambrian Rise
project (providing much of its required inclusionary housing) and benefit from the project-wide maximum
parking waiver; that the CDO’s definition of Affordable Projects in Section 8.1.16 does not apply to affordable
buildings within a PUD that are fulfilling a project’s inclusionary housing requirements; and that a project-wide
TDM plan must be inclusive of the entire development.
The Cambrian Rise project’s existing TDM plan comprises four elements, as required by Section 8.1.16: Outreach
and Education (which is being undertaken by the Cambrian Rise property manager in partnership with CATMA),
TDM Strategies (in partnership with CATMA), Parking Management, and a TDM Agreement (fulfilled by the
TDM plan). The exemption sought for affordable buildings, which this Amendment in effect provides by
clarifying that the definition of Affordable Projects includes affordable buildings within a PUD and that these
buildings may also be exempted from project-wide TDM requirements imposed by a maximum parking waiver,
limits TDM requirements to Outreach and Education and a TDM Agreement only.
The City Council Ordinance Committee discussed the possibility of an amendment to address this topic and heard
from affordable housing developers about the project and TDM requirements in question on February 6, 2026.




 Page 18 of 67
Staff from the Office of City Planning also provided context at this meeting about the existing CDO requirements,
and shared information about two relevant forthcoming amendments: a larger TDM amendment that is currently
being drafted to comprehensively update Burlington’s TDM requirements, which will also include updated
requirements and strategies related to affordable housing projects; and a larger Inclusionary Zoning amendment
that will update and modernize the City’s inclusionary housing development requirements. Committee members
elected to advance ZA-26-03 as a standalone amendment prior to these larger updates, specifically to address the
concerns outlined above.
4. Proposed Amendment: ZA-26-03
a) Amendment Type

 Text Amendment Map Amendment Text & Map Amendment

b) Purpose Statement
The proposed change in ZA-26-03 aims to clarify definitions of affordable housing projects in relation to TDM
requirements.
c) Proposed Amendment
 1. Amendments to Article 8: Parking
 • Amends Sec. 8.1.8 (a) 7. A. (ii) to clarify that Affordable Projects as defined in Table. 8.1.16-1 are only
 required to comply with two applicable sections of TDM requirements when a Waiver of Maximum
 Parking Limitations is applied to a project.
 • Amends Sec. 8.1.16 (b) Table 8.1.16-1 to clarify that the definition of Affordable Projects includes
 buildings within a Planned Unit Development that meet or exceed provided criteria.
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 aligns with the land use and density policies outlined in planBTV. Its purpose is to
 support affordable housing development by balancing economic challenges and mobility needs. This change
 reflects the intent of the “Inclusive” theme, which prioritizes providing and promoting affordable housing
 choices and accessible transportation and mobility options for all residents.
 Impact on Safe & Affordable Housing
 This amendment reduces administrative and cost burdens that TDM requirements may impose on affordable
 housing development. By providing for the exemption of some TDM requirements for affordable buildings
 within a PUD that are providing required inclusionary housing for a project, this amendment may encourage
 more PUDs to separate their required inclusionary dwelling units into standalone affordable buildings rather
 than incorporating them into buildings that also contain market-rate units, resulting in increasing segregation of
 affordable housing from market-rate housing.
 Planned Community Facilities
 This amendment has no direct impact on planned community facilities.
h) Process Overview




 Page 19 of 67
The following chart summarizes the current stage in the zoning amendment process, and identifies any
recommended actions:
 Planning Commission Process
  Draft Amendment Presentation to & discussion Approve for Public Public Hearing Approved & forwarded to
  prepared by Staff by Commission: Hearing
 Council
 3/4/26

 City Council Process
 First Read & Referral Ordinance Committee Council
 Ordinance Committee Public
 to Ordinance discussion Second Read Approval &
 recommend Hearing
 Committee 2/6/26, 3/6/26 Adoption
*Discussed by the Planning Commission Ordinance Committee




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ZA-26-03
TDM Exemptions for
Affordable Housing
CITY COUNCIL ORDINANCE COMMITTEE
2026.03.06



 Page 21 of 67
TDM and Affordable Housing




 Page 22 of 67
TDM and Affordable Housing
• The Affordable Projects standards would apply to the CHT
  and Cathedral Square buildings at Cambrian Rise if not for
  the Waiver of Maximum Parking Limitations that was
  approved for the entirety of the Planned Unit
  Development in April 2022.




 Page 23 of 67
TDM and Affordable Housing
Topics to address in an amendment:
• Amend Sec. 8.1.9(c) 7 Waiver of Maximum Parking
  Limitations to state explicitly that Affordable Projects shall
  only comply with the education and outreach requirement
  (Sec. 8.1.16(c) 1) and TDM agreement (Sec. 8.1.16(c) 4)
• Clarify via explicit language that “Affordable Projects” within
  a Planned Unit Development shall only comply with the
  education and outreach requirement (Sec. 8.1.16(c) 1) and
  TDM agreement (Sec. 8.1.16(c) 4)



 Page 24 of 67
ZA-26-03
Amends Sec. 8.1.9-1, Maximum Off-Street Parking
Requirements:
A. The applicant requesting the waiver shall also provide:
(i) a peak demand parking study for two similar uses in the
area; and,
(ii) a TDM Plan pursuant to the requirements of Sec. 8.1.16,
provided that Affordable Projects shall only be required to
comply with Sections 8.1.16(c) 1 and 8.1.16(c) 4, as stated in
Table 8.1.16-1.



 Page 25 of 67
 ZA-26-03
 Amends Table 8.1.16-1 Transportation Demand Management Program Required:
Project Type Applicable Projects Affordable Projects Small Projects
 • Creation of 10 or more Projects involving one or more Creation of five
 dwelling units "Applicable Projects" and that also (5) to nine (9)
 • A non-residential or Mixed contain at least 75% of dwelling units dwelling units
 Use development with a meeting or exceeding the affordability
 building footprint of eight criteria of Article 9, Inclusionary &
 thousand (8,000) sq.ft. Or Replacement Housing, or housing
 more; or the creation of rented to tenants receiving federal or
 fifteen thousand (15,000) state rental assistance including
 sq.ft. Or more of gross buildings within a Planned Unit
 floor area Development that meet or exceed the
 above criteria
Applicable All provisions of Sec. 8.1.16 Sec. 8.1.16 (c) 1. and Sec. 8.1.16 (c) 4. Sec. 8.1.16 (c)
TDM Sections (c) only 3. b. only
 Page 26 of 67
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Page 34 of 67
 Pearl St.




 Cherry St.


 St . Pa u l St .


 B atte ry St .

 S. W in o o sk i Ave .
 C h u rc h St .
 Bank St.

Alley, No fence

Alley, Fence in 2nd Lot Layer
Walkway, No fence College St.




 S. C h am p la in St .
 P in e St . Main St.




 Page 35 of 67
Examples of current fences in the
Downtown Form Districts located in
the 2nd Lot Layer




 Page 36 of 67
Page 37 of 67
ZA-26-02
planBTV Downtown
Form Code Fences
CITY COUNCIL ORDINANCE COMMITTEE
2026.03.06



 Page 38 of 67
planBTV Downtown Code Fences
Purpose of proposed changes:
§ Downtown business owners, their employees, and service
  providers are facing ongoing challenges related to
  substance use, hygiene, and safety, particularly in alleys &
  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.


 Page 39 of 67
 Process Overview
9/18 – Initial discussion with Planning Commission as part of ZA-26-01: Technical Amendments &
Minor Revisions.
10/14 – Discussed by the Planning Commission as it’s own zoning amendment (ZA-26-02).
Referred by the Planning Commission to the PC’s Ordinance Committee.
11/24 – PC Ord. Committee reviewed and proposed new language to refer back to the full
Planning Commission
12/9 – PC warned amendment for a Public Hearing with minor revision and the understanding
there will be a prior discussion by the PCOC related to recessed entries.
12/17 – Presentation to Church Street Marketplace Commission
1/7 – PCOC recommended that standards related to recessed entries be removed from the
amendment.
1/7 – Presentation to Ward 3 NPA
1/13 – Planning Commission recommended amendment to City Council after Public Hearing
2/6 – City Council Ordinance Committee Meeting #1
 Page 40 of 67
Where does the
planBTV Downtown
Code (Article 14) Apply?
 FD5 Downtown Core
 FD6 Downtown Center

 City Hall




 Page 41 of 67
 ne
 Li
 y
 ert
  o  p
Pr
 Façade of Principal Building
1st Lot Layer
 Property/Frontage Line




 Page 42 of 67
3rd Lot Layer




2nd Lot 20 ft
Layer
1st Lot Layer


 Page 43 of 67
 § First Lot Layer: that portion of a Lot
 between the Frontage Line and the
 Façade of a Principal Building.
 § Second Lot Layer: that portion of a Lot
 extending 20 feet back from and parallel
 to the Façade of a Principal Building.
3rd Lot Layer
 § Third Lot Layer: that portion of a Lot
 bounded by (a) the Second Lot Layer
 and (b) the Rear Lot Line.

2nd Lot 20 ft
Layer
1st Lot Layer


 Page 44 of 67
planBTV Downtown Code Fences
Initial Scope of Amendment:
§ Height: This amendment was initially intended to address the
  height of fences in the first lot layer of the Downtown Form Code
  District, increasing the allowable height to 6ft.
  § Other considerations apply, including height limitations for fences near
 intersections and more allowances via Alternative Compliance

§ Fences in the first lot layer are not allowed to be chain-link or
  welded wire along any frontage line.
  § With the exception of the temporary 20 enclosure of a construction site, or where
 required by the Building Official to protect public safety.



 Page 45 of 67
ZA-26-02 Additional Considerations
§ Materials used for Fences:
 § The PC and PCOC acknowledge that there is a significant financial
 difference between a chain-link fence and one made of the permitted
 materials, like those made of aluminum.
 § The Planning Commission, as well as the PCOC are supportive of
 allowing for chain-link and welded wire fences in the first lot layer to
 enclose alleyways and loading docks.




 Page 46 of 67
planBTV Downtown Code Fences
Additional Considerations – Alternative Compliance - Sec. 14.7.3 (a)
§ DRB Alternative Compliance: Relief from any non-numerical standard,
  and any numerical standard by no more than 20% of such
  requirement or an additional 10% beyond any Administrative Relief
  permitted in Table 14.7.3-A, may be granted by the Development Review
  Board after review and recommendation by the Design Advisory Board
  and a Public Hearing.




 Page 47 of 67
  planBTV Downtown Code Fences
DRB Alternative Compliance: Decisions by the DRB regarding any Alternative
Compliance granted shall be made in writing and upon affirmative findings that:
A. The relief sought is necessary in order to accommodate unique site and/or Building
 circumstances or opportunities;
B. The relief if granted is the minimum necessary to achieve the desired result;
C. The property will otherwise be developed consistent the purpose of this ordinance, the
 intent of the Form District, the intent and purpose of the section that the relief is being
 sought, and all other applicable standards;
D. The relief if granted will not impose an undue adverse burden on existing or future
 development of adjacent properties; and,
E. The relief if granted will yield a result equal to or better than strict compliance with the
 standard being relieved.



 Page 48 of 67
ZA-26-02: 3 Scenarios Discussed
Scenario 1: Fences 6 feet in height (not made of chain-link or
welded wire) are allowed in the first lot layer anywhere* in the
Downtown Form Code district.



 Yes No




 Page 49 of 67
planBTV Downtown Code Fences
Scenario 2: Fences 6 feet in height (not made of chain-link or
welded wire) are allowed in the first lot layer anywhere* in the
Downtown Form Code district. Chain Link or welded-wire may be
used if they are enclosing alleyways or loading docks.


 Yes


 Allowed in alleyways
 & loading docks in
 alleyways
 Page 50 of 67
 Example: 93 S. Winooski Ave.
 § Recently denied a permit for the proposed
 installation of 6-foot tall see-through fencing.
 § Concerned with trespassing on property. In
 narrative, applicant notes that:

 Proposed 6ft Fence § “A fence presents a somewhat visual barrier,
 even a see-through panel fence as is desired.
 People loitering in the area are also a real
 barrier to people trying to peacefully walk by
 on the sidewalk. It is desired that the fence to
 be installed match the neighboring fence to
 Proposed 4ft Fence* the south of the property. The effect of the
 neighboring six-foot fence appears to be that
 loitering there has largely stopped.”



*Note: For this proposed fence to be permitted, the proposed 4 foot tall fence would need to conform to the 3’ height limit for roadway intersections.

 Page 51 of 67
planBTV Downtown Code Fences
Scenario 3: Fences 6 feet in height are allowed only if they are used
to enclose an alleyway or loading dock within an alleyway. Chain-link
or welded wire may be used along the frontage line if they are
located in alleyways or loading docks within alleyways.




 Allowed only in alleyways &
 loading docks in alleyways
 Page 52 of 67
planBTV Downtown Code Fences
3 Scenarios discussed by Planning Commission
1. Fences 6 feet in height (not made of chain-link or welded wire) are
 allowed in the first lot layer anywhere* in the Downtown Form Code
 district.
2. Fences 6 feet in height (not made of chain-link or welded wire) are
 allowed in the first lot layer anywhere* in the Downtown Form Code
 district. Chain Link or welded-wire may be used if they are enclosing
 alleyways or loading docks.
3. Fences 6 feet in height are allowed only if they are used to enclose
 an alleyway or a loading dock within an alleyway. Chain-link or
 welded wire may be used along the frontage line if they are located
 in alleyways or loading docks within alleyways.

 Page 53 of 67
Amends Sec. 14.6.8 (a) v. A - B Fences and Free Standing Walls:
Fences and Free-standing Walls:
A. Fences and Free-standing Walls placed within the First Lot Layer shall not exceed 4-feet in height,
 except for see-through fences which shall not exceed 6 feet in height and shall only be used
 to enclose an alleyway or loading dock located within an alleyway. Fences and Free-standing
 Walls placed within the Second or Third Lot Layer shall not exceed 8-feet in height unless a different
 height limit is specified under the applicable Form District or Frontage Type.
B. Materials used for Fences and Free-standing Walls shall be limited to Brick and tile masonry; Native
 or sintered stone; Wood – panels, clapboard or shingles; Cementitious siding, metal, and woven or
 braided cable wire. Chain-link and welded-wire fencing shall not be used along any Frontage Line
 with the exception of, alleyways or loading docks located within an alleyway, the temporary
 enclosure of a construction site, or where required by the Building Official to protect public safety.
 Barbed or razor wire shall not be used in any application. Alternate materials may be approved by
 the Administrative Officer after seeking input from the Design Advisory Board. Alternate materials
 must be considered equivalent or better than the materials listed above, and must demonstrate
 successful, high quality local installations. Regionally-available materials are preferred.
C. All fences and free-standing walls shall be installed so that a finished side faces outward towards the
 adjacent property or public Frontage.



 Page 54 of 67
 February 2026


Fence / gate comparison

 Retailer Style Type Dimensions Price
 Lowes Metal picket 2 piece 18’ X 6’ $2,778 - $2,805
 driveway gate
 Chain link 2 piece 20’ X 6’ $748
 driveway gate
 Wooden stockade NA NA NA
 driveway gate

 Home Depot Metal picket 2 piece 18’ X 6’ $2,699
 driveway gate 1 piece $2,786
 Chain link 2 piece 20’ X 6’ $548
 driveway gate
 Wooden stockade NA NA NA
 driveway gate

 Middlebury Fence Metal picket 2 or 1 piece 18’ X 6’ $8 - $10K
 driveway gate
 Chain link 2 or 1 piece 18’ X 6’ $3,500
 driveway gate
 Wooden stockade 2 piece 18’ X 6’ $4,500 - $5K
 driveway gate 1 piece $6,000

Add ~ $1,500 - $2,000 for installation.

Add ~ $600 for automatic opener.




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Page 59 of 67
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor:
 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Six
 _____________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 Stages of passage: ______________
 Second reading:
 CONSUMER ________________
 PROTECTION
 Action:  ______________________
 BCO Chapter 21, 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 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of
 2 Burlington be and is hereby amended by amending Article I, In General, by adding Sec. 28-1, Consumer
 3 Protection; thereof to read as follows:
 4
 5 21-8 Reserved Consumer Protection
 6
 7 (a) PURPOSE
 8 The purpose of this Section is to complement the enforcement of federal statutes, state statutes, and decisions
 9 governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices
10 in order to protect the public and to encourage fair and honest competition.
11 (b) DEFINITIONS
12 Please see 9 V.S.A. §2451a.
13 (c) CUSTOMER NOTICE
14 1) HOLDS ON PAYMENT AT POINT OF SALE
15 A gas station or convenience store that accepts credit or debit cards for the retail sale of gasoline shall
16 not place, or allow a third party to place, a hold on any credit or debit card account in an amount
17 larger than the actual purchase amount for the gasoline without providing notice in a clear manner
18 and proximate to the point of payment prior to the consumers purchase. The notice shall include
19 information about when and for how long such a hold is initiated, the dollar amount of such hold, and
20 how a consumer may avoid a preauthorization hold (ie.if the consumer can go inside and prepay with
21 a PIN to avoid a hold).
22 2) PARKING RATES FOR PARKING GARAGES/LOTS
23 All privately owned parking garages/lots shall clearly post at the entry, so that it is visible from the
24 roadway and prior to consumers entering the garage/lot, the following:
25 (A) whether the lot/garage is open to the public;
26 (B) signage that shall include the words “privately-owned”;



 Page 60 of 67
 Page 2 CONSUMER PROTECTION
 An Ordinance in Relation to BCO Ch. 21, Art. I



27 (B) the rates for the lot/garage;
28 (D) if the lot/garage uses dynamic or changing pricing models, clearly and visible disclose that
29 and the maximum possible rate the consumer could pay;
30 (E) hours of operation;
31 (F) a contact to call if there is an issue; and
32 (G) whether there is a charge for handicap parking and if so, that the consumer may park on the
33 street or in city-owned lots for free.
34
35 (d) EFFECTIVE DATE
36 The effective date of this ordinance shall be July 1, 2026. Thereafter, there shall be a one-time courtesy
37 warning to come into compliance for an additional sixty (60) days.
38
39 * Material stricken out deleted.
40 ** Material underlined added.
41
42 ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I
43 Sec. 21-8.
44 3/4/2026




 Page 61 of 67
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Page 65 of 67
 CITY OF BURLINGTON
 ORDINANCE ___________
 Sponsor:
 Public Hearing Dates: ___________
 In the Year Two Thousand Twenty-Six
 _____________________________
 First reading: _________________
 Referred to: ___________________
 An Ordinance in Relation to Rules suspended and placed in all
 Stages of passage: ______________
 Second reading:
 CONSUMER ________________
 PROTECTION
 Action:  ______________________
 BCO Chapter 21, 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 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of
 2 Burlington be and is hereby amended by amending Article I, In General, by adding Sec. 28-1, Consumer
 3 Protection; thereof to read as follows:
 4
 5 21-8 Reserved Consumer Protection
 6
 7 (a) PURPOSE
 8 The purpose of this Section is to complement the enforcement of federal statutes, state statutes, and decisions
 9 governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices
10 in order to protect the public and to encourage fair and honest competition.
11 (b) DEFINITIONS
12 Please see 9 V.S.A. §2451a.
13 (c) CUSTOMER NOTICE
14 1) HOLDS ON PAYMENT AT POINT OF SALE
15 A gas station or convenience store that accepts credit or debit cards for the retail sale of gasoline shall
16 not place, or allow a third party to place, a hold on any credit or debit card account in an amount
17 larger than the actual purchase amount for the gasoline without providing notice in a clear manner
18 and proximate to the point of payment prior to the consumers purchase. The notice shall include
19 information about when and for how long such a hold is initiated, the dollar amount of such hold, and
20 how a consumer may avoid a preauthorization hold (ie.if the consumer can go inside and prepay with
21 a PIN to avoid a hold).
22 2) PARKING RATES FOR PARKING GARAGES/LOTS
23 All privately owned parking garages/lots shall clearly post at the entry, so that it is visible from the
24 roadway and prior to consumers entering the garage/lot, the following:
25 (A) whether the lot/garage is open to the public;
26 (B) signage that shall include the words “privately-owned”;



 Page 66 of 67
 Page 2 CONSUMER PROTECTION
 An Ordinance in Relation to BCO Ch. 21, Art. I



27 (B) the rates for the lot/garage;
28 (D) if the lot/garage uses dynamic or changing pricing models, clearly and visible disclose that
29 and the maximum possible rate the consumer could pay;
30 (E) hours of operation;
31 (F) a contact to call if there is an issue; and
32 (G) whether there is a charge for handicap parking and if so, that the consumer may park on the
33 street or in city-owned lots for free.
34
35 (d) EFFECTIVE DATE
36 The effective date of this ordinance shall be July 1, 2026. Thereafter, there shall be a one-time courtesy
37 warning to come into compliance for an additional sixty (60) days.
38
39 * Material stricken out deleted.
40 ** Material underlined added.
41
42 ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I
43 Sec. 21-8.
44 3/4/2026




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Ordinance Committee
 Friday, March 6, 2026
 Bushor Conference Room Conference Room
 or Remote via Zoom. Burlington, Vermont
 DRAFT MINUTES

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

Staff Present: Kim Sturtevant (Assistant City Attorney), Sarah Morgan (Planning), Scott Gustin
(Zoning)

Public Present: Sharon Bushor, Ryan Nick, Jeff Nick, Andrew

Meeting called to order at 2:00 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 February 19, 2026

Motion to adopt the draft minutes as drafted.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum

Sharon Bushor: I am here to speak on the TDM ordinance change. I was taught by affordable
housing people that affordable housing should be integrated rather than differentiated from other
housing. There really should be a mechanism for people in affordable housing to get bus passes.

4. CDO – Transportation Demand Management (TDM) as it relates to Inclusionary Zoning
(IZ)

Sarah Morgan (Planning) shared a presentation on this change. The presentation is available in
the agenda packet on CivicClerk.

Motion to refer the ordinance as amended to both the Planning Commission and to the full City
Council with a recommendation for adoption, and for the setting of a public hearing.
Motion by Councilor Barlow, Seconded by Councilor Carpenter.
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Final Resolution: Motion Passes
Yes: Unanimous

5. CDO – ZA-26-02 PlanBTV Downtown Code Fences

Sarah Morgan (Planning) shared a presentation on this change. The presentation is available in
the agenda packet on CivicClerk.

Jeff Nick: The alley we put our gate in is accessible to tractor trailers. We also don’t own the
adjacent building so we can’t anchor a gate into that building.

Andrew: I am an ambassador for the business district. A lot of what I do is CPTED, crime
prevention through environmental design. I see a lot of bad behavior downtown. Installing gates
and fences forces the bad behavior into more public/visible areas. The neighboring building on
Cherry is vacate and attracts graffiti and other issues.

Scott Gustin (Zoning Manager) said that Jeff Nick could have built a compliant fence and gate
but did not do so. He added that changing policy to accommodate a single property is not a good
way to make policy.

Charles Dillard (Director of Planning) said that it is a slippery slope and that he is sensitive to
both immediate and long term development and how aesthetic impacts that.

Councilor Bergman asked staff for the administrative history of Jeff Nick’s fence and gate. Scott
Gustin responded saying that the permit was applied for after the fact and was denied. They then
sought a variance with the DRB and they denied the variance saying that a compliant gate was
possible.

Ryan Nick: I heard from a DRB member after the denial saying it was a stupid rule.

Councilor Bergman said he was open to adjusting the ordinance, taking into consideration the
aesthetic and crime issues, but was not open to allowing chain link throughout the downtown
without some kind of decoration.

Councilor Carpenter asked why the DRB denied the variance for this gate. Scott Gustin
responded saying that a compliant style was possible, just perhaps more expensive. He said that
variances are generally for situations when compliance is otherwise impossible.

Councilor Bergman said this issue will continue to be discussed after the next ordinance
committee is established. He added that he would like staff to investigate aesthetic treatments
for chain link that might make them acceptable.

6. Fuel Purchase Ordinance




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Councilor Bergman asked for an authority citation in the purpose section of the draft ordinance.
He added that he would like both the enforcement mechanisms and fine structures to be laid out
in the ordinance itself.

Both councilors Barlow and Carpenter said that the “privately-owned” sign language must be
prominent and obvious.

Councilor Bergman said that an explicit statement of intent could be included at the beginning of
the ordinance to help guide the construction of the administrative rules that will come with this
ordinance.

7. Private Parking Lot Terms and Rates Ordinance

8. Any Other Committee Business

The next meeting is scheduled for March 19th at 4:30 PM.

9. Adjournment

Motion to adjourn by Councilor Bergman, without objection.

The meeting was adjourned at 4:07 PM.




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