Ordinance Committee

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 Page 3 of 4 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 Page 7 of 41  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 Page 11 of 41 Page 12 of 41 Page 13 of 41 Page 14 of 41 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. Page 20 of 41  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. Page 21 of 41 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: Page 23 of 41  Page 2 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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. Page 2 Page 24 of 41  Page 3 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 3 Page 25 of 41  Page 4 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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. Page 4 Page 26 of 41  Page 5 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 5 Page 27 of 41  Page 6 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 6 Page 28 of 41  Page 7 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 7 Page 29 of 41  Page 8 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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. Page 8 Page 30 of 41  Page 9 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 9 Page 31 of 41  Page 10 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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: Page 10 Page 32 of 41  Page 11 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 11 Page 33 of 41  Page 12 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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: Page 12 Page 34 of 41  Page 13 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 13 Page 35 of 41  Page 14 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 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 Page 14 Page 36 of 41 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: Page 40 of 41  Page 2 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 Page 41 of 41