Ordinance Committee

Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Dec 18, 2025 04:30 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/94094768514?pwd=mXaw4YA8EFLnfZaALhm2ktkUtI1wHT.1 Passcode:257738 Phone one-tap: +13017158592,,94094768514#,,,,*257738# US (Washington DC) +13052241968,,94094768514#,,,,*257738# US Join via audio: +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 +1 929 205 6099 US (New York) +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 +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 Webinar ID: 940 9476 8514 Passcode: 257738 International numbers available: https://zoom.us/u/aeJF8x8iSH 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 11/20 Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 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 73  Recommended Action Subject 2.2. Adopt Draft Minutes from 12/5 Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Type Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. ZA-26-01 Technical Changes and Corrections Subject 4.1. ZA-26-01 Technical Changes and Corrections Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. ZA-26-01 Technical Changes and Corrections Department Council and Board Type Recommended Action 5. Fuel Purchase Ordinance Discussion Subject 5.1. Fuel Purchase Ordinance Discussion Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Fuel Purchase Ordinance Discussion Department Council and Board Type Recommended Action Subject 5.2. Fuel Purchase Ordinance Executive Session Page 2 of 73  Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. Fuel Purchase Ordinance Discussion Department Council and Board Type Recommended Action Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F). 6. Private Parking Lot Terms and Rates Ordinance Discussion Subject 6.1. Private Parking Lot Terms and Rates Ordinance Discussion Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Private Parking Lot Terms and Rates Ordinance Discussion Department Council and Board Type Recommended Action Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F). Subject 6.2. Private Parking Lot Terms and Rates Executive Session Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Private Parking Lot Terms and Rates Ordinance Discussion Department Council and Board Type Recommended Action Executive Session to receive confidential attorney-client communications for the purpose of providing professional legal services to the Committee Motion 1: Move that the Ordinance Committee find that premature general public knowledge of legal advice would clearly place the City at a substantial disadvantage; Motion 2: Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications. 1 VSA §313(a)(1)(F). 7. Financial Disclosure Ordinance Discussion Page 3 of 73  Subject 7.1. Financial Disclosure Ordinance Discussion Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 7. Financial Disclosure Ordinance Discussion Department Council and Board Type Recommended Action 8. Any Other Committee Business Subject 8.1. Any Other Committee Business Meeting December 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 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 18, 2025 - Ordinance Committee Meeting Agenda - Thursday, December 18, 2025, 4:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 9. Adjournment Department Council and Board Type Recommended Action Page 4 of 73  Ordinance Committee Thursday, November 20, 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), Bill Ward (Director of DPI) Public Present: Evan Litwin (City Councilor), Sharon Bushor Meeting called to order at 2:02 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Carpenter, Seconded by Councilor Barlow. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from November 7th. No minutes available to adopt. 3. Public Forum Sharon Bushor: I am unsure about the financial disclosure ordinance. I think the information like employer could be helpful for the City Attorney’s Office for helping decide on a conflict of interest. If disclosure is not put into the ordinance it could also go in the Council rules. 4. Fuel Purchase Ordinance Discussion Move that the Ordinance Committee find that premature general public knowledge of legal advice regarding Agenda Items 4 and 5 would clearly place the City at a substantial disadvantage. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications for Agenda Items 4 and 5. 1 VSA §313(a)(1)(F). Motion by Councilor Barlow, Seconded by Councilor Carpenter Page 1 of 2 Page 5 of 73 Final Resolution: Motion Passes Yes: Unanimous Motion to come out of Executive Session. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous Councilor Carpenter inquired who requires the debit card hold, the gas station itself, the bank, or the fuel company? Bill Ward (Director of DPI) said he can research the issue. He continued that there are 13 gas stations in the City and he could inform managers of a potential hearing about this issue and see if they have comments. Councilor Barlow inquired if it might be a bank processor rather than the gas station itself. Evan Litwin (City Councilor) said that, from his understanding, the gas station sets the amount of the hold and the bank/processor determines the hold time for that amount. He continued that large banks usually process the transactions more quickly. Evan Litwin also said that if a customer prepays with a debit card with their PIN then there is no hold. Councilor Bergman asked for an update on the legal matters discussed and set a date and time for a hearing in the future. Evan Litwin said that Dave Hartnett, a previous City Councilor, was a gas station manager for a long time and was willing to discuss this issue. Councilor Bergman moved to take up the issue again on December 18th. 5. Private Parking Lot Terms and Rate Discussion This agenda item was discussed in executive session as noted above and not discussed otherwise in the meeting. 6. Financial Disclosure Ordinance Discussion Councilor Barlow said his position is that the state legislator form given as an example is not right for the City and that the City could have a different form that asks for different information. Councilor Carpenter said she was interested in having a candidate disclosure form that would have candidates declare any conflicts of interest they might have rather than being concerned only with financials. The Committee will examine the draft form and make changes in a future meeting. 7. Adjournment The meeting was adjourned at 5:26 PM. Page 2 of 2 Page 6 of 73  Ordinance Committee Friday, December 5, 2025 Bushor Conference Room Conference Room or Remote via Zoom. Burlington, Vermont DRAFT MINUTES Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Kane Staff Present: Kim Sturtevant (Assistant City Attorney), Erik Ramakrishnan (Assistant City Attorney), Bill Ward (Director of DPI), Sarah Morgan (Planning), Jackie Esperti (Director of Parking Services) Public Present: Sharon Bushor Meeting called to order at 2:01 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Kane, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from November 7th. Motion to Adopt the Draft Minutes from 11/7. Motion by Councilor Kane, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 3. Public Forum Sharon Bushor: There are some small corrections to be made on ZA-26-01. In the SEID memo there is a reference to people not wanting to go to physical stores anymore. I don’t think that’s true. I don’t support only building residential buildings in the SEID and there should be retail and other commercial space. I also think the City is not doing enough to support affordable housing and should update the IZ ordinance. 4. Parking Ordinances Changes; BCO Attorney Ramakrishnan and Parking Director Esperti went over the draft changes of the parking ordinance. The draft ordinance is available on CivicClerk. Page 1 of 3 Page 7 of 73 Motion to ask City staff to draft a memo outlining the necessary ordinance changes to 20-55(g) of the BCO, and to have the Ordinance Committee sponsor the draft ordinance as written, and to refer the draft ordinance back to the full City Council with the recommendation to place the ordinance in all stages of adoption. Motion by Councilor Carpenter, Seconded by Councilor Kane. Final Resolution: Motion Passes Yes: Unanimous Motion to report back to the full City Council that the Ordinance Committee has concluded there is no need for an ordinance change to the section regarding no parking, but rather that a new departmental policy will be developed to ensure proper public notice of parking closures. Motion by Councilor Bergman, without objection. 5. Sidewalk Interference Ordinance; BCO Chapter 27, Art. 1 Attorney Ramakrishnan explained the rationale for the ordinance change to Chapter 27-21. The draft ordinance is available on CivicClerk. Motion to approve the change in Chapter 27-21 that will allow all municipal employees that are authorized to issue municipal complaints to issue tickets relating to sidewalk interference. Motion by Councilor Carpenter, Seconded by Councilor Kane. Final Resolution: Motion Passes Yes: Unanimous Councilor Bergman said he is fine with increasing the fine fee, but only for sidewalk interference and not for all the other violations in articles I, III, IV, and V. He continued that he would like to see smaller fees that grow each time DPI would have given warnings. All councilors agreed that more time is needed to decide on further changes to fee amounts. Motion to remove the draft ordinance change that raised the lower end of the fee penalty from $50 to $250, to refer the draft ordinance back to the full City Council, and to keep jurisdiction over this ordinance for changes in the future. Motion by Councilor Carpenter, Seconded by Councilor Kane. Final Resolution: Motion Passes Yes: Unanimous 6. Zoning Amendment ZA-26-01 Technical Changes and Corrections Sarah Morgan (Planning) gave a presentation on the draft changes in the zoning amendment. ZA-26-01 is available on CivicClerk. All councilors agreed to return to ZA-26-01 on December 18th. Page 2 of 3 Page 8 of 73 7. Unlawful Entry into a Motor Vehicle Ordinance; BCO 21-25(b) Councilor Bergman asked the City Attorney’s Office to ask BPD for more information on this issue and how the ordinance might help them. Motion to refer the draft ordinance back to the full City Council with a recommendation for adoption, and that the memo accompanying the ordinance contain requested information from BPD. Motion by Councilor Carpenter, Seconded by Councilor Kane. Final Resolution: Motion Passes Yes: Unanimous 8. Any Other Committee Business The next Ordinance Committee Meeting is on December 18th. 9. Adjournment The meeting was adjourned at 4:04 PM. Page 3 of 3 Page 9 of 73  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 10 of 73 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 11 of 73  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 12 of 73 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 13 of 73  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: ______________ Second reading: CDO—Technical ________________ Amendments and Minor Revisions Action: ZA-26-01 ______________________ 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, Sec. 3.5.3 (c), 3 Exemptions; Corrects a footnote referenced in Table 4.4.2-1 Dimensional Standards and Density; Amends Sec. 4.4.2 4 (d) 3. B. Senior Housing; Deletes and reserves footnote 8 in Table 4.4.5-1, Lot Size, Frontage, Setback, and Lot 5 Coverage Standards in Residential Districts; Corrects reference in Sec. 4.4.5. (d) 2. B.; Corrects and clarifies Sec. 6 4.4.5. (d) 4. D.; Amends Table 4.4.5-6 Housing for Older Persons and Individuals with Disabilities Bonus and Table 7 4.4.5-7 Maximum Intensity, Lot Coverage and Building Heights with Bonuses; Amends Table 4.5.6-2 Frontage and 8 Activation Standards and Sec. 4.5.5 (c) 2. C. Ground Floor Entries; Amends Sec. 5.3.5 (a), Changes and Modifications, 9 to remove 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. 10 7.1.1 Authority and Intent and Sec. 7.1.3 (h) Historic Marker; Removes reference to Adaptive Reuse under Sec. 9.1.5 11 (b); Aligns table in Sec. 9.1.12 Additional Density and Other Development Allowances to reflect base allowances 12 amended under ZA-25-02; Amends Sec. 9.2.10 (c); Corrects a reference to Table 11.1.5-2 in Article 11; Amends 13 reference to and the Footnotes 1 and 2 in Table 11.1.5-2 Residential District Planned Unit Development Setback 14 Standards; modifies Article 13 by deleting definitions for "Elderly Housing", "Housing, Senior", and "Senior 15 Housing", moves the definition for “Building” from Article 13, amends the definition for Planned Unit Development, 16 and amends the definition of “Building” in Section 14.8, Glossary, thereof to read as follows: 17 18 *** 19 Article 3: APPLICATIONS, PERMITS, AND PROJECT REVIEWS 20 PART 1: GENERAL PROVISIONS AND ZONING PERMITS 21 *** 22 3.1.2 Zoning Permit Required Page 14 of 73  Page 2 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 23 Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development 24 may be commenced within the city without a zoning permit issued by the administrative officer including but not 25 limited to the following types of exterior and interior work: 26 (a - b) As Written 27 (c) Exemptions 28 The following shall be exempt from the requirements of this Ordinance and shall not be required to obtain a zoning 29 permit: 30 1. – 10. As Written 31 11. All structures Buildings, as defined in Article 13, of 24 square feet or less and no taller than 15 feet, as long as 32 they are located in compliance with applicable setbacks. This exemption is limited to 1 such structure, or 33 multiple structures in aggregate up to 24 square feet, per property. This exemption does not apply to properties 34 located within the Special Flood Hazard Area. 35 12. – 21. As Written 36 (d) As written 37 *** 38 Article 3: APPLICATIONS, PERMITS, AND PROJECT REVIEWS 39 *** 40 PART 5: CONDITIONAL USE AND MAJOR IMPACT REVIEW 41 42 *** 43 Sec. 3.5.2 Applicability 44 (a) Conditional Use Review – As Written 45 (b) Major Impact Review 46 Major Impact Review shall be required for the approval of all development involving any one or more of the 47 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. Page 2 Page 15 of 73  Page 3 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 1 Development Footprint: total area of impervious coverage – buildings and parking. 2 Farm structures are exempt per 10 VSA 6001. 48 In addition, Major Impact Review shall also be required for multiple projects undertaken by the same applicant or 49 responsible party within any consecutive twelve (12) month period on the same or adjacent property that in the 50 aggregate equal or exceed the above criteria. 51 Sec. 3.5.3 Exemptions 52 Major Impact Review shall not be required for applications involving one or more of the following: 53 (a) Temporary structures that do not otherwise involve a conditional use; 54 (b) Rehabilitation that does not expand the floor area of an existing building or the structural capacity of existing 55 development; 56 (c) Projects that do not result in a change of use or increased parking demand; 57 (d) Subsurface site improvements including but not limited to underground utility lines and subsurface drainage 58 ways; and, 59 (e) Projects where the scope and authority of municipal regulation is limited by statute pursuant to 24 VSA 4413. 60 *** 61 Article 4: ZONING MAPS AND DISTRICTS 62 *** 63 PART 4: BASE ZONING DISTRICT REGULATIONS 64 65 *** 66 Sec. 4.4.2 Neighborhood Mixed Use Districts 67 (a) Purpose – As Written 68 (b) Dimensional Standards and Density: 69 The density and intensity of development, dimensions of building lots, the heights of buildings and their setbacks from 70 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 Page 3 Page 16 of 73  Page 4 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 71 (c) Permitted and Conditional Uses – As Written 72 (d) District Specific Regulations 73 1. – 2. As Written 74 3. Development Bonuses/Additional Allowances 75 A. Inclusionary Housing – As Written 76 B. Senior Housing Housing for Older Persons and Individuals with Disabilities 77 A maximum of an additional 10-feet of building height, and corresponding FAR, may be permitted at the 78 discretion of the DRB in the NAC and NAC-Riverside districts where no less than twenty-five per cent 79 (25%) of the total number of onsite units are reserved for projects including exclusively housing for Older 80 Persons (as defined by the federal Fair Housing Act), housing for Individuals with Disabilities (as defined by 81 the federal Americans with Disabilities Act), or a mixture exclusively thereof low-moderate income senior 82 households as defined by state or federal guidelines, including no less than ten percent (10%) reserved for 83 low income households. The total gross floor area dedicated to the senior housing housing for older persons 84 and individuals with disabilities shall be equivalent to the gross floor area resulting from the additional 85 allowance. Increased lot coverage allowance for senior housingsuch projects in these districts shall be the 86 same as for inclusionary housing (see Sec. 9.1.12) 87 88 C. Maximum Bonus: --As written 89 *** 90 Sec. 4.4.5 Residential Districts 91 (a) Purpose – As Written 92 (b) Dimensional Standards 93 The intensity of development, dimensions of building lots, the heights of buildings and their setbacks from property 94 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 (linear feet) Front Side Rear Coverage1,9 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. Page 4 Page 17 of 73  Page 5 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 9. As Written - An additional ten per cent (10%) lot coverage may be permitted for accessory residential features per (d) 2C below. 95 Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residential Districts 96 As written 97 (c) Permitted and Conditional Uses – As written 98 (d) District Specific Regulations 99 The following regulations are district-specific exceptions, bonuses, and standards unique to the residential districts. 100 They are in addition to, or may modify, city-wide standards as provided in Article 5 of this ordinance and district 101 standards as provided above. 102 1. Additional Residential Development Permitted – As written 103 2. Exceptions to Dimensional Standards 104 A. Encroachment into Side Setback for Residential Driveways – As written 105 B. Encroachment into the Waterfront Setback 106 The following exceptions to the required waterfront setback for Lake Champlain and the Winooski River 107 established under Sec. 4.5.4: Article 4, Table 4.4.5-1, footnotes 7 and 8. 108 (i) and (ii) As written 109 110 C. - D. As written 111 3. Exception for Neighborhood Commercial Uses – As written 112 4. Miscellaneous Standards 113 A. – C. As written 114 D. Additional Unit on lot or within Owner-Occupied Single Detached Dwelling 115 Where an existing Principal Structure in any Residential Zoning District contains only an owner-occupied 116 Single Detached Dwelling, and an applicant proposes to add a single additional dwelling unit within the 117 Principal Structure or within a detached Secondary Structure on the same lot as the owner-occupied home, 118 the application shall be subject to administrative review and approval according to Sec.3.2.7 (a) 13, and 119 exempt from paying impact fees, according to Sec. 3.3.13., except where otherwise required. 120 5. Residential Development Bonuses 121 The following exceptions to maximum allowable residential standards in Tables 4.4.5-1 and 4.4.5-2 may be 122 approved in any combination subject to the maximum limits set forth in Table 4.4.5-6 at the discretion of the 123 DRB. Any bonuses that are given pursuant to this ordinance now or in the future shall be regarded as an 124 exception to the limits otherwise applicable. 125 A. Housing for Older Persons and Individuals with Disabilities Bonus 126 Residential development in excess of the limits set forth in Tables 4.4.5-1 and 4.4.5-2 may be permitted by 127 the DRB for projects including exclusively housing for Older Persons (as defined by the federal Fair 128 Housing Act), housing for Individuals with Disabilities (as defined by the federal Americans with 129 Disabilities Act), or a mixture exclusively thereof provided the following conditions are met: 130 (i) – (iii) As Written Page 5 Page 18 of 73  Page 6 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions Table 4.4.5-6: Housing for Older Persons and Individuals with Disabilities Bonus 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. 131 B. Residential Conversion Bonus – As written 132 C. Limitations on Residential Development Bonuses: 133 For projects where the conditions of more than one applicable bonus listed above and under Sec. 5.4.8 (e) 134 are met, and where any applicable development allowances per Article 9 are utilized, the applicant may use 135 the most permissive exemption to the underlying lot coverage or residential intensities applicable. 136 In no case shall any development bonuses and allowances granted, either individually or in combination, 137 enable a building to exceed the maximum development intensity, lot coverage, and building height 138 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 139 (c) Effective Date – As Written 140 141 *** 142 Article 4: ZONING MAPS AND DISTRICTS 143 *** 144 PART 5: OVERLAY ZONING DISTRICT REGULATIONS 145 *** 146 Sec. 4.5.6 South End Innovation District Overlay 147 *** 148 (a) – (b) – As written 149 (c) District Specific Regulations 150 Table 4.5.6-1 SEID Dimensional Standards & Density As written 151 1. Dimensional Standards & Density – As Written 152 153 Page 6 Page 19 of 73  Page 7 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 154 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. 155 2. Frontage and Ground Floor Activation Standards 156 A – B. – As Written 157 C. Ground Floor Level Entries: At least one ground level floor public entry into a building or interior 158 courtyard or open space, not including service doors, is required each 60’ linear feet along a Primary 159 frontage.of each building façade fronting on a Street, Public Path or open space on the same lot. 160 161 3. – 4. As written 162 *** 163 Article 5: CITYWIDE GENERAL REGULATIONS 164 *** 165 PART 3: NON-CONFORMITIES 166 *** 167 Sec. 5.3.5 Nonconforming Structures 168 (a) Changes and Modifications 169 Nothing in this Part shall be deemed to prevent normal maintenance and repair or structural repair, or moving of a 170 non-complying structure pursuant to any applicable provisions of this Ordinance. 171 Any change or modification to a nonconforming structure, other than to full conformity under this Ordinance, shall 172 only be allowed subject to the following: 173 1. Such a change or modification may reduce the degree of nonconformity and shall not increase the 174 nonconformity except as provided below. 175 Within the residential districts, and subject to Development Review Board approval, existing nonconforming 176 single family homes and community centers (existing enclosed spaces only) that project into side and/or rear Page 7 Page 20 of 73  Page 8 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 177 yard setbacks may be vertically expanded so long as the expansion does not encroach further into the setback 178 than the existing structure. Such expansion shall be of the existing nonconformity (i.e. setback) and shall: 179 i) Be subject to conformance with all other dimensional requirements (i.e. height, lot coverage, density and 180 intensity of development); 181 ii) Not have an undue adverse impact on adjoining properties or any public interest that would be protected 182 by maintaining the existing setbacks; and, 183 iii) Be compatible with the character and scale of surrounding structures. 184 Existing accessory buildings of 15 feet in height or less shall not exceed 15 feet tall as expanded. 185 Within all districts, and subject to the Development Review Board approval, structures for the purpose of 186 creating an ADU may be constructed on lots with legally non-conforming lot coverage per Sec.5.2.3 (b) 10. 187 2. – 3. As written 188 (b) As written 189 *** 190 191 Article 6: DEVELOPMENT REVIEW STANDARDS 192 193 *** 194 PART 2: SITE PLAN DESIGN STANDARDS 195 *** 196 Sec. 6.2.2 Review Standards 197 (a) – (l) As written 198 (m) Landscaping, Fences, and Retaining Walls 199 Landscaping shall be used to beautify the development site and to provide specific functions and benefits to the 200 uses and buildings on the site. These include but are not limited to stormwater retention and erosion control, winter 201 windbreaks and summer shade, recreational and habitat corridors, buffers and screening of parking areas, and 202 creating privacy for and from adjacent property. 203 204 Existing trees shall be retained and incorporated into a landscape plan to the extent possible, and existing trees to 205 be retained shall be protected during construction in accordance with specifications provided by the city arborist. 206 Contiguous green space, both within the site and with adjacent properties, should be provided on a site whenever 207 possible and be designed to provide wildlife travel corridors and habitat preservation, as well as enabling 208 recreational access. If open space is intended to be publicly accessible, it shall be designed to maximize 209 accessibility for all individuals including the disabled, encourage social interaction, and facilitate ease of 210 maintenance. Along the street edge, landscaping shall be used to provide a visual buffer into parking areas from 211 the public street and reinforce the streetscape. 212 213 The selection of plant materials and planting sites should create a sustainable landscape, and consideration shall be 214 given to factors such as hardiness, salt tolerance, disease resistance, invasiveness, root and canopy spread, 215 underground and overhead utilities, soil conditions, and microclimates. The use of native plant materials is 216 encouraged, and the use of plants considered invasive by VT Agency of Agriculture shall be prohibited. For more 217 information on sustainable landscapes, applicants are encouraged to consult Planting Sustainable Landscapes: A 218 Guide for Plan Reviewers prepared for the Vermont Department of Forests Parks and Recreation by the Vermont 219 Chapter of the American Society of Landscape Architects. Page 8 Page 21 of 73  Page 9 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 220 221 New or replacement street trees shall be provided consistent with the city’s Street Tree Master Plan. All proposed 222 street trees shall be selected and planted in accordance with specifications provided by the city arborist. 223 224 Fences may be placed within the required setback along a property line, but shall be setback sufficiently to provide 225 for the maintenance of both sides of the fence without entering onto the adjacent property and shall present a 226 finished side to the adjoining property and public street. Fences placed within a clear sight triangle shall adhere to 227 the standards of Sec. 5.2.6 (cd). Styles, materials, and dimensions of the proposed fence shall be compatible with 228 the context of the neighborhood and the use of the property. 229 230 Retaining walls greater than 5 feet tall shall incorporate textured surfaces, terracing, and/or vegetation to avoid 231 long monotonous unarticulated expanses and to minimize adverse visual impacts to neighboring properties. As 232 with fences, retaining wall styles, materials, and dimensions shall be compatible with the context of the 233 neighborhood and use of the property. 234 235 (n) – (o) As written 236 *** 237 238 Article 7: SIGNS 239 PART 1: GENERAL PROVISIONS 240 Sec. 7.1.1 Authority and Intent 241 These regulations are enacted under the provisions of 24 V.S.A. Section 4411 with the intent to ensure that all Signs 242 and advertising features: 243 (a) – I. As written 244 Any sign or advertising feature not expressly permitted by this ordinance shall be prohibited. 245 *** 246 Sec. 7.1.3 Exemptions 247 Repainting, refacing, repair, or change of lettering, logo, or colors using the same materials within an existing 248 permitted Sign frame shall be exempt from the requirements of this Article and allowed without the requirement to 249 obtain a new zoning permit. 250 The following types of Signs are permitted in all parts of the city, and shall also be exempt from the requirements of 251 this Article and the necessity to obtain a permit: 252 (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. 253 (i) – (j) As written Page 9 Page 22 of 73  Page 10 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 254 *** 255 Article 9: INCLUSIONARY AND REPLACEMENT HOUSING 256 PART 1: INCLUSIONARY ZONING 257 *** 258 Sec. 9.1.5 Applicability 259 This ordinance provision shall apply to any development of five or more residential units in a single structure. 260 Multiple developments or projects by the same applicant or responsible party within any consecutive twelve (12) 261 month period that in the aggregate equal or exceed the above criteria shall be subject to these regulations. 262 Except as otherwise provided in this ordinance, these regulations shall apply in the instances specified below. 263 (a) The creation of five (5) or more residential units through new construction and/or substantial rehabilitation of 264 existing structures, including the development of housing units utilizing development provisions other than those 265 specified in Sec 9.1.5 (b). 266 (b) Where units are created using the Adaptive Reuse or Residential Conversion criteria pursuant to the provisions of 267 Art 4, Sec 4.4.5, this article shall be applicable when at least ten (10) or more dwelling units are created. 268 (c) – (d) As written 269 *** 270 Sec. 9.1.12 Additional Density and Other Development Allowances 271 All covered projects shall be entitled to increases in the development allowances of the underlying zoning district in 272 accordance with the provisions of this section. 273 (a) Any covered project shall be entitled by right to an increase in the maximum lot coverage density/intensity, and, 274 where applicable, height allowed for the lot(s) on which the project is located when all required Inclusionary 275 Units are constructed on the same lot, or lots subject to Article 11 Planned Development. Calculations for these 276 entitlements shall be based on the following tables: 277 278 Table 9.1.12-1 Additional Density and Other Development Allowances Page 10 Page 23 of 73  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. 279 (b) – (d) As written 280 *** 281 Article 9: INCLUSIONARY AND REPLACEMENT HOUSING 282 *** 283 PART 2: HOUSING PRESERVATION AND REPLACEMENT/DEMOLITION AND CONVERSION 284 *** 285 Sec. 9.2.10 Exemptions 286 This article shall not be applicable to: 287 (a) – (b) As written 288 (c) The demolition, loss, or conversion to a nonresidential use of a single attached or detached housing unit or 289 duplex that is occupied by the owner as his or her primary residence for the twelve-(12) month period 290 preceding the date of application for conditional use approval. Nor shall this section be applicable in its 291 replacement requirement to that portion of a multi-unit building of three (3) units or more that is occupied by 292 the owner as his or her primary residence for the thirty-six-(36) month period preceding the date of application 293 for conditional use approval. Any exemption allowed under this provision shall be void if the owner sells any 294 of the applicable units within twenty-four (24) months of the date of conditional use approval; and, 295 (d) As written 296 *** 297 Page 11 Page 24 of 73  Page 12 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 298 Article 11: PLANNED DEVELOPMENT 299 Part 1: PLANNED UNIT DEVELOPMENT 300 *** 301 Sec. 11.1.5 Residential District Planned Unit Developments. 302 (a) Dimensional Standards 303 Unless otherwise stated, Planned Unit Development standards are required to follow the underlying district 304 dimensional standards. 305 1. A Planned Unit Development with Project Size of less than 0.5 acres and consisting of a Pocket Neighborhood or 306 Rowhouse project, shall be allowed, subject to underlying standards in Sec. 4.4.5(d)1. 307 2. A Planned Unit Development with Project Size of 0.5 acres or more shall be allowed, subject to the standards 308 established below in Table 11.1.5 -1 and Table 11.1.5-2. 309 310 Table 11.1.5-1 Residential District Planned Unit Development Intensity Standards – As written 311 312 The Development Review Board may exempt Planned Unit Developments existing as of January 1, 2024 from any standard in 313 Table 11.1.35-2. 314 315 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’ 316 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 317 and located in an RL or RM district. However, this footnote shall not apply to the Residential - Special Uses specified in 318 footnote 6 of Table 4.4.5-2. 319 2. Buildings fully contained in the RL and RM districts with a footprint greater than 5,000 sq. ft. must have a front project 320 periphery setback of at least 50 feet. This footnote does not apply to any building that partially occupies any portion of a lot 321 zoned RC, nor does it apply to Residential – Special Uses specified in footnote 6 of Table 4.4.5-2. 322 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 323 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 324 where the ROW is a Public Path, in which case the building must be at least 5’ from the edge of the Public Path. 325 *** 326 Article 13: DEFINITIONS 327 *** 328 Sec. 13.1.2 Definitions. 329 For the purpose of this ordinance certain terms and words are herein defined as follows: Page 12 Page 25 of 73  Page 13 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 330 331 Unless defined to the contrary in Section 4303 of the Vermont Planning and Development Act as amended, or defined 332 otherwise in this section, definitions contained in the building code of the City of Burlington, Sections 8-2 and 13-1 of 333 the Code of Ordinances, as amended, incorporating the currently adopted edition of the American Insurance 334 Association's "National Building Code" and the National Fire Protection Association's "National Fire Code" shall 335 prevail. 336 337 Additional definitions specifically pertaining to Art. 14 planBTV: Downtown Code can be found in Sec. 14.8, and 338 shall take precedence without limitation over any duplicative or conflicting definitions of this Article. 339 340 *** 341 Building: Not synonymous with Structure; man-made construction completely enclosed by a roof, window, doors and 342 solid exterior walls, and designed, built, or occupied as a shelter of enclosure for persons, animals, or property. 343 *** 344 Elderly Housing: See Housing, Senior. 345 *** 346 Housing, Senior: Housing that is designed for, and is occupied primarily by, those persons fifty-five (55) years of age 347 or older. 348 *** 349 Planned Unit Development: A development plan for one or more lots, tracts, or parcels to be developed as a single, 350 integrated entity. See Article 11 for specific provisions. One or more lots, tracts, or parcels of land to be developed as a 351 single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, 352 as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise 353 applicable to the area in which it is located with respect to lot size, bulk, or type of dwelling or building, use, density, 354 intensity, lot coverage, parking, required common open space, or other standards, pursuant to the authority and 355 limitations set forth in the comprehensive master plan and 24 V.S.A. §4417 as amended. 356 *** 357 Senior Housing: See Housing, Senior 358 *** 359 Article 14 PlanBTV Downtown Code 360 Section 14.8: Glossary 361 This Section provides definitions for certain terms found in this Article 14. Additional definitions are to be found in 362 Article 13 of the BCDO. 363 The following terms, as used in this Article 14, shall have the following meanings: 364 *** 365 Building: not synonymous with Structure; man-made construction completely enclosed by a roof, window, doors and 366 solid exterior walls, and designed, built, or occupied as a shelter of enclosure for persons, animals, or property. See 367 definition for “Building” in Article 13. 368 *** 369 370 * Material stricken out deleted. 371 ** Material underlined added. 372 Page 13 Page 26 of 73  Page 14 An Ordinance in Relation to ZA-26-01 Technical Amendments and Minor Revisions 373 Planning/KS/ Ordinances 2026/ZA-26-01 Technical Corrections and Minor Revisions 374 CDO Sections 3.1.2(c); Table 3.5.2-1; Sec 3.5.3(c); Table 4.4.2-1, Sec. 4.4.2 (d) 3 B; Table 4.4.5-1; Sec. 4.4.5(d) 2 B; Sec 4.4.5 (d) 4 D; Table 375 4.4.5-6; 4.4.5-7; Table 4.5.6-2; Sec 4.5.6 (c)2 C; Sec 5.3.5(a); Sec 6.2.2 (m); Sec 7.1.1; Sec 7.1.3; Sec 9.1.5; Table Sec 9.1.12; Sec 9.2.10 (c); 376 Table 11.1.5-2; Article 13; and Sec. 14.8. 377 CCOC 12/16/25 Page 14 Page 27 of 73 Page 28 of 73 Page 29 of 73 Page 30 of 73 Page 31 of 73 Page 32 of 73 Page 33 of 73 Page 34 of 73 Page 35 of 73 Page 36 of 73 Page 37 of 73 Page 38 of 73 Page 39 of 73 Page 40 of 73 Page 41 of 73 Page 42 of 73 Sec. 22. 24 V.S.A. chapter 60 is added to read: CHAPTER 60. MUNICIPAL CODE OF ETHICS § 1991. DEFINITIONS As used in this chapter: (1) “Advisory body” means a public body that does not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters. (2) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901. (3) “Commission” means the State Ethics Commission established under 3 V.S.A. chapter 31, subchapter 3. (4) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential. (5) “Conflict of interest” means a direct or indirect interest of a municipal officer or such an interest, known to the officer, of a member of the officer’s immediate family or household, or of a business associate, in the outcome of a particular matter pending before the officer or the officer’s public body, or that is in conflict with the proper discharge of the officer’s duties. “Conflict of interest” does not include any interest that is not greater than that of other individuals generally affected by the outcome of a matter. (6) “Department head” means any authority in charge of an agency, department, or office of a municipality. (7) “Designated complaint recipient” means: (A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity, as set forth in section 1997 of this title; (B) a board or commission of the State or a municipality; (C) the Vermont State Auditor; (D) a State or federal agency that oversees the activities of an agency, department, or office of the State or a municipality; (E) a law enforcement officer as defined in 20 V.S.A. § 2358; (F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office; (G) the legislative body of the municipality, the General Assembly or the U.S. Congress; or (H) an officer or employee of an entity listed in this subdivision (7) when acting within the scope of the officer’s or employee’s duties. (8) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the municipal officer, provided the individual and municipal officer: (A) have shared a residence for at least six consecutive months; 1 Page 43 of 73 (B) are at least 18 years of age; (C) are not married to or considered a domestic partner of another individual; (D) are not related by blood closer than would bar marriage under State law; and (E) have agreed between themselves to be responsible for each other’s welfare. (9) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law. (10) “Immediate family” means an individual’s spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes. (11) “Legislative body” means the selectboard in the case of a town, the mayor, alderpersons, and city council members in the case of a city, the president and trustees in the case of an incorporated village, the members of the prudential committee in the case of a fire district, and the supervisor in the case of an unorganized town or gore. (12) “Municipal officer” or “officer” means: (A) any member of a legislative body of a municipality; (B) any member of a quasi-judicial body of a municipality; or (C) any individual who holds the position of, or exercises the function of, any of the following positions in or on behalf of any municipality: (i) advisory budget committee member; (ii) auditor; (iii) building inspector; (iv) cemetery commissioner; (v) chief administrative officer; (vi) clerk; (vii) collector of delinquent taxes; (viii) department heads; (ix) first constable; (x) lister or assessor; (xi) mayor; (xii) moderator; (xiii) planning commission member; (xiv) road commissioner; (xv) town or city manager; (xvi) treasurer; (xvii) village or town trustee; (xviii) trustee of public funds; or (xix) water commissioner. (13) “Municipality” means any town, village, or city. 2 Page 44 of 73 (14) “Protected employee” means an individual employed on a permanent or limited status basis by a municipality. (15) “Public body” has the same meaning as in 1 V.S.A. § 310. (16) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment; that is given in retaliation for the protected employee’s involvement in a protected activity, as set forth in section 1997 of this title. § 1992. CONFLICTS OF INTEREST (a) Duty to avoid conflicts of interest. In the municipal officer’s official capacity, the officer shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a conflict shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts. (b) Recusal. (1) If a municipal officer is confronted with a conflict of interest or the appearance of one, the officer shall immediately recuse themselves from the matter, except as otherwise provided in subdivisions (2) and (5) of this subsection, and not take further action on the matter or participate in any way or act to influence a decision regarding the matter. After recusal, an officer may still take action on the matter if the officer is a party, as defined by section 1201 of this title, in a contested hearing or litigation and acts only in the officer’s capacity as a member of the public. The officer shall make a public statement explaining the officer’s recusal. (2)(A) Notwithstanding subdivision (1) of this subsection (b), an officer may continue to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest if the officer first: (i) determines there is good cause for the officer to proceed, meaning: (I) the conflict is amorphous, intangible, or otherwise speculative; (II) the officer cannot legally or practically delegate the matter; or (III) the action to be taken by the officer is purely ministerial and does not involve substantive decision-making; and (ii) the officer submits a written nonrecusal statement to the legislative body of the municipality regarding the nature of the conflict that shall: (I) include a description of the matter requiring action; (II) include a description of the nature of the potential conflict or actual conflict of interest; (III) include an explanation of why good cause exists so that the municipal officer can take action in the matter fairly, objectively, and in the public interest; (IV) be written in plain language and with sufficient detail so that the matter may be understood by the public; and (V) be signed by the municipal officer. (B) Notwithstanding subsection (A) of this subdivision (2), a municipal officer that would benefit from any contract entered into by the municipality and the officer, the officer’s immediate family, or an associated business of the officer or the officer’s immediate family, and 3 Page 45 of 73 whose official duties include execution of that contract, shall recuse themselves from any decision-making process involved in the awarding of that contract. (C) Notwithstanding subsection (A) of this subdivision (2), a municipal officer shall not continue to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest if authority granted to another official or public body elsewhere under law is exercised to preclude the municipal officer from continuing to act in the matter. (3) If an officer’s conflict of interest or the appearance of a conflict of interest concerns an official act or actions that take place outside a public meeting, the officer’s nonrecusal statement shall be filed with the clerk of the municipality and be available to the public for the duration of the officer’s service plus a minimum of five years. (4) If an officer’s conflict of interest is related to an official municipal act or actions considered at a public meeting, the officer’s nonrecusal statement shall be filed as part of the minutes of the meeting of the public body in which the municipal officer serves. (5) If, at a meeting of a public body, an officer becomes aware of a conflict of interest or the appearance of a conflict of interest for the officer and the officer determines there is good cause to proceed, the officer may proceed with the matter after announcing and fully stating the conflict on the record. The officer shall submit a written nonrecusal statement pursuant to subdivision (2) of this subsection within five business days after the meeting. The meeting minutes shall be subsequently amended to reflect the submitted written nonrecusal statement. (c) Authority to inquire about conflicts of interest. If a municipal officer is a member of a public body, the other members of that body shall have the authority to inquire of the officer about any possible conflict of interest or any appearance of a conflict of interest and to recommend that the member recuse themselves from the matter. (d) Confidential information. Nothing in this section shall require a municipal officer to disclose confidential information or information that is otherwise privileged under law. § 1993. PROHIBITED CONDUCT (a) Directing unethical conduct. A municipal officer shall not direct any individual to act in a manner that would: (1) benefit a municipal officer in a manner related to the officer’s conflict of interest; (2) create a conflict of interest or the appearance of a conflict of interest for the officer or for the directed individual; or (3) otherwise violate the Municipal Code of Ethics as described in this chapter. (b) Preferential treatment. A municipal officer shall act impartially and not unduly favor or prejudice any person in the course of conducting official business. An officer shall not give, or represent an ability to give, undue preference or special treatment to any person because of the person’s wealth, position, or status or because of a person’s personal relationship with the officer, unless otherwise permitted or required by State or federal law. (c) Misuse of position. A municipal officer shall not use the officer’s official position for the personal or financial gain of the officer, a member of the officer’s immediate family or household, or the officer’s business associate. 4 Page 46 of 73 (d) Misuse of information. A municipal officer shall not use nonpublic or confidential information acquired during the course of official business for personal or financial gain of the officer or for the personal or financial gain of a member of the officer’s immediate family or household or of an officer’s business associate. (e) Misuse of government resources. A municipal officer shall not make use of a town’s, city’s, or village’s materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official business unless the use is expressly permitted or required by State law; ordinance; or a written agency, departmental, or institutional policy or rule. An officer shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or a written agency, departmental, or institutional policy or rule. (f) Gifts. (1) No person shall offer or give to a municipal officer or candidate, or the officer’s or candidate’s immediate family, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the municipal officer or candidate would be, or had been, influenced thereby. (2) A municipal officer or candidate shall not solicit or accept anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the municipal officer or candidate would be or had been influenced thereby. (3) Nothing in subdivision (1) or (2) of this subsection shall be construed to apply to any campaign contribution that is lawfully made to a candidate or candidate’s committee pursuant to 17 V.S.A. chapter 61 or to permit any activity otherwise prohibited by 13 V.S.A. chapter 21. (g) Unauthorized commitments. A municipal officer shall not make unauthorized commitments or promises of any kind purporting to bind the municipality unless otherwise permitted by law. (h) Benefit from contracts. A municipal officer shall not benefit from any contract entered into by the municipality and the officer, the officer’s immediate family, or an associated business of the officer or the officer’s immediate family, unless: (1) the benefit is not greater than that of other individuals generally affected by the contract; (2) the contract is a contract for employment with the municipality; (3) the contract was awarded through an open and public process of competitive bidding; or (4) the total value of the contract is less than $2,000.00 5 Page 47 of 73 WHEREAS, effective January 1, 2025, the State of Vermont adopted a statewide Municipal Code of Ethics (the “Code”), 24 V.S.A. §§ 1991 et seq., which applies to all municipal officers; and WHEREAS, the Code establishes a duty for all municipal officers to avoid conflicts of interest, which are broadly defined as including: “a direct or indirect interest of a municipal officer or such an interest, known to the officer, of a member of the officer’s immediate family or household, or of a business associate, in the outcome of a particular matter pending before the officer or the officer’s public body, or that is in conflict with the proper discharge of the officer’s duties.”; and WHEREAS, where conflicts of interest exist, the Code requires: (1) that municipal officers generally recuse themselves; (2) that when a municipal officer does not recuse themselves from a conflict of interest for “good cause,” as defined by statute, the municipal officer must publicly announce their nonrecusal and submit a written nonrecusal statement; and (3) that members of a public body, including the Burlington City Council, be permitted to inquire of a public officer about any possible conflict of interest or any appearance of a conflict of interest and to recommend that the member recuse themselves from the matter; and WHEREAS, the Code further provides strong protections against statutorily defined “unethical conduct,” “preferential treatment,” “misuse of position,” “misuse of information,” “misuse of government resources,” “unauthorized commitments,” and the acceptance of “gifts” and “benefit from contracts”; and WHEREAS, the Code tasks the State Ethics Commission with providing guidance to municipal officers on the Code’s provisions and, upon request, written advisory opinions that include advice or interpretation with respect to an officer’s duties regarding any provision of the Code or regarding any other issue related to government ethics; and WHEREAS, the Mayor and City Councilors are municipal officers who are required under the Code to complete ethics training within 120 days after their election, and then again every three years; and WHEREAS, the Code requires that each municipality adopt procedures for the investigation of municipal ethics complaints and enforcement in instances of substantiated complaints; and WHEREAS, since the Code became effective, other municipalities have adopted provisions on the investigation and enforcement of complaints, including, but not limited to, South Burlington, Essex Junction, and Shelburne, among others; and WHEREAS, the Burlington City Charter also includes long-standing provisions on conflicts of interest under Section 133, which require recusal when a “direct or indirect conflict of interest” is present, and defines a “direct conflict of interest” as limited just to those instances where a City officer has “a direct and immediate financial interest” in a manner, and defines an “indirect conflict of interest” as limited to situations where a City officer’s family member has a direct conflict of interest; and WHEREAS, the statewide Code’s provisions on conflicts of interest are more broadly defined than those in the Charter, and provides that: “To the extent any provisions of this chapter conflict with the provisions of any municipal charter listed in Title 24 Appendix, the provisions of this chapter shall prevail.”; and Page 48 of 73 NOW, THEREFORE, BE IT RESOLVED, to the extent the statewide Municipal Code of Ethics is broader than or otherwise conflicts with conflict of interest provisions in the City Charter, the City Council respectfully requests the City Attorney’s Office draft a proposed Charter change for the Council’s consideration that either removes or amends conflicting provisions to align the Charter with the Code; and BE IT FURTHER RESOLVED, in compliance with 24 V.S.A. § 1997, the Burlington Code of Ordinances is amended to include the following under Chapter 2, Administration: Article IV. Code of Ethics Investigation and Enforcement 2-43. Authority. This ordinance is adopted by the City of Burlington under authority of 24 V.S.A. §1997. 2-44. Purpose. The purpose of this Article is to enact procedures for the investigation of complaints alleging a municipal officer has violated Vermont's Municipal Code of Ethics and the enforcement in instances of substantiated complaints, including methods of enforcement and available remedies. An additional purpose of this Article is to mandate regular ethics trainings for municipal officers. Sec. 2-45. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Designated complaint recipient” means the municipal officer or body designated to receive complaints alleging violations of the Code. “Alternative designated complaint recipient” means the municipal officer or body designated to receive complaints alleging violations of the Code when the designated complaint recipient is unavailable or the subject of a complaint. “Code” for the purposes of this Article means Vermont’s Municipal Code of Ethics, 24 V.S.A. §§ 1991 et seq. “Municipal officer” or “officer” means: (1) The Mayor; (2) Any member of the City Council; (3) Any individual who holds the position of, or exercises the function of, any of the following positions in or on behalf of the City of Burlington: a. Cemetery Superintendent b. Chief Administrative Officer c. Chief Engineer of the Fire Department d. City Assessor e. City Attorney and Assistant City Attorney f. City Constable and Second, Third, and Fourth Constables Page 49 of 73  g. City Engineer and Surveyor h. Director of Aviation i. Director of Burlington City Arts j. Director of Permitting and Inspections k. Director of Planning l. Director of the Community and Economic Development Office m. Director of the Human Resources Department n. Director of the Office of Racial Equity, Inclusion & Belonging o. Executive Director of the Church Street Marketplace District p. General Manager/Superintendent of the Electric Department q. Harbor Master r. Librarian(s) of the Fletcher Free Library s. Police Chief t. Superintendent of the Parks and Recreation Department u. Superintendent/Director of the Public Works Department v. Zoning Administrative Officer w. All other superintendent/directors of any other City department x. Members of the City’s various boards and commissions appointed by the City Council or City Council with Mayor Presiding y. Advisory committee members appointed by the Mayor, City Council, or City Council with Mayor Presiding; and z. To the extent not set forth herein, all other municipal officers covered by the Code. Sec. 2-46. Complaints. (a) The City Attorney’s Office shall maintain a municipal ethics complaint form and make this readily available to the public in both written and electronic format. (b) Any member of the general public may make a municipal ethics complaint including any person elected, appointed, or employed by the City. (c) The City’s designated complaint recipient and alternative designated complaint recipient will be established by the City Council, except neither the Mayor nor any member of the City Council may be designated as a complaint recipient. (d) All municipal ethics complaints must be directed to the designated complaint recipient. (e) The designated complaint recipient will conduct a prompt, thorough, and impartial investigation of all municipal ethics complaints, and confidentiality will be protected to the extent possible. (f) Municipal ethics complaints against the designated complaint recipient must be directed to the alternative designated complaint recipient. Page 50 of 73 (g) The designated complaint recipient and alternative designated complaint recipient shall provide the Mayor and City Council President regular updates on any received complaints. These updates may be provided confidentially to the extent permitted by Vermont’s Public Records Act. (h) No person will be adversely affected or otherwise retaliated against in either their volunteer or employment status with the City as a result of bringing a municipal ethics complaint. Sec. 2-47. Enforcement. If the designated complaint recipient, or the alternative designated complaint recipient in the case of a municipal complaint brought against the designated complaint recipient or when the designated complaint recipient is unavailable, determines a violation of the Code has occurred, the violating municipal officer will be subject to timely and appropriate corrective action, including, but not limited to the following: (a) Enforcement against elected officers. In cases in which the municipal officer is the Mayor or member of the City Council, the City Council may, in its discretion, take any of the following actions: (1) The City Council President may meet informally with the municipal officer to discuss the violation. (2) The City Council may meet to discuss the conduct of the municipal officer. Executive session may be used for such discussion in accordance with 1 V.S.A. §313(a)(4). The municipal officer may request that this meeting occur in public. (3) In compliance with Section 133(c) of the City Charter, the City Council with Mayor Presiding may officially censure the municipal officer upon affirmative vote of two-thirds of the whole number of the body. The official censure may request (but not order) the offending municipal officer resign from their office. The municipal officer will be given the opportunity to respond to official censure. (b) Enforcement against appointed officers. In cases in which the municipal officer holds appointed office, the City Council may choose to follow any of the steps articulated in Section 2-47(a)(1-2). In addition to, or in lieu of any of those steps, the City Council, City Council with Mayor Presiding, or any other appointing board or commission may remove an appointed municipal officer in compliance with Section 129 of the City Charter and any other applicable law. (c) Enforcement against employees. In cases in which the municipal officer is also an employee of the City, the Mayor or other properly designated municipal officer may take any corrective action, up to and Page 51 of 73  including termination, in accordance with applicable law, municipal polices and regulations, and any applicable collective bargaining agreement Sec. 2-48. Trainings. All municipal officers shall complete ethics training, as approved by the State Ethics Commission, within 120 days after their election, appointment, or hire. Upon completing initial ethics training, a municipal officer shall complete additional ethics training, as determined by the State Ethics Commission, every year. Sec. 2-107. - Other laws. This article is in addition to all other ordinances of the municipality and all applicable laws of the State of Vermont. All ordinances or parts of ordinances, resolutions, regulations, policies, or other documents inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency. BE IT FURTHER RESOLVED, upon this new ordinance taking effect, the City Attorney shall be the designated complaint recipient and the Director of the Human Resources Department shall be the alternative designated complaint recipient. Page 52 of 73  DISTRICT OFFICES Clare Wool, Chair 150 Colchester Avenue Burlington, VT 05401 917-912-4333 cwool@bsdvt.org October 3, 2025 Dear Council President Traverse, The Burlington School Board recognizes the importance of transparency in public service. However, this proposed resolution requiring all local candidates—including School Board candidates—to file financial disclosure forms modeled after those required of State Senators, Representatives, and statewide candidates is ill-suited, burdensome, and potentially harmful to the health of local democracy. Specifically, School Board candidates should not be held to the same disclosure standards as candidates for Statewide office, given the vastly different scope of authority, compensation, and responsibility. Further, Burlington’s unpaid, volunteer School Board is not a political body—it exists to serve Burlington’s students. Resolutions that intentionally pull the School Board into political conversations are contrary to the Board’s mission and responsibilities. For the above reasons Burlington’s School Board strongly opposes any proposed resolution that conflates the role and responsibilities of local governing bodies with those of statewide offices. Sincerely,​ ​ Clare Wool Chairwoman on behalf of The Burlington Board of School Commissioners Page 53 of 73  OFFICE OF THE CLERK TREASURER City of Burlington ________________________________________ City Hall, 149 Church Street, Burlington, VT 05401 Voice (802) 865-7000; (802) 865-7014 MEMORANDUM TO: City Council FROM: Sarah Montgomery, Assistant City Clerk CC: Katherine Schad, Chief Administrative Officer DATE: September 4th, 2025 RE: Financial Disclosure for local candidates The City Clerk’s office was asked to review the feasibility and financial impact of requiring local candidates to submit financial disclosure forms along with the other required forms at the time of candidate filing. Implementation Feasibility: This proposed requirement would be simple to implement by the Clerk’s Office. We do not have any concerns about the feasibility of accepting this additional form and posting it to the City’s website. Financial Impact: This proposed requirement would have no financial impact on the City. The City of Burlington does not discriminate on the basis of political or religious affiliation, race, color, national origin, age, sex, sexual orientation, marital status, veteran status or disability. Persons with disabilities who require assistance or special arrangements to participate in programs and activities of the Clerk Treasurer’s Office are encouraged to contact us at 865-7000 or 865-7142 (TTY) at least 72 hours in advance so that proper arrangements can be made. Page 54 of 73  Candidates for Vermont Statewide Office and Candidates for Legislative Office Financial Disclosure Form for 2024 Who must file: 17 V.S.A. § 2414(a) requires that each candidate for Statewide office and each candidate for State Senator or State Representative complete and file this financial disclosure form. When: File with your consent of candidate form. Please attach additional pages as necessary to complete this form. Your name: ______________________________________________________________________ E-mail address: ___________________________________________________________________ Elected office sought: District: ______________________ Financial information provided below is for calendar year 2023. 1. Sources of personal income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414 (e)(1), or both of you together, disclose each source of income that totals more than $5,000.00. You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). A. Employment income – List each employer and employer business address. If you are self- employed, describe the nature of your employment. 17 V.S.A. § 2414(a)(1)(A). ☐ Neither I nor my spouse/domestic partner have sources of employment income required to be listed. Employer Name Employer Business Address or description of Candidate/Spouse or work if self-employed Domestic Partner/Joint B. Investment income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each source of investment income that totals more than $5,000.00. 17 V.S.A. § 2414(a)(1)(B). You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). Sources of investment income may include, but are not limited to, stocks, bonds, mutual 1 Page 55 of 73  funds, income-producing property, joint ventures and business interests not included in Part 3 below. 17 V.S.A. § 2414(a)(3). Brokerage firms may be listed; individual stock holdings need not be disclosed unless stock ownership represents 10% or more, in which case the ownership should be listed in Part 3 below. Retirement holdings need not be listed. ☐ Neither I nor my spouse/domestic partner have investments required to be listed. Source Nature of Investment Candidate/Spouse or Domestic Partner/Joint C. Other Sources of Income - For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each additional source of income not mentioned above, that totals more than $5,000.00. You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). ☐ Neither I nor my spouse/domestic partner have any other sources of income required to be listed. Source of Income Candidate/Spouse or Domestic Partner/Joint 2. Service – List each board, commission, or other entity that is regulated by law or that receives funding from the State of Vermont on which you serve and your position on it. 17 V.S.A. § 2414(a)(2). ☐ I have no service to list. Board, Commission, other Entity Position held 3. Company Ownership – List any company which you, or your spouse or domestic partner, or both together own more than 10 percent. 17 V.S.A. § 2414(a)(3). ☐ Neither I nor my spouse/domestic partner have businesses required to be listed. Business Name Business Address Candidate/Spouse or Domestic Partner/Joint 2 Page 56 of 73  (Company ownership cont’d) 4. Lease or Contract with the State – List any lease or contract with the State held or entered into by (a) you or your spouse or domestic partner; or (b) a company of which you or your spouse or domestic partner, or both together owned more than 10 percent. 17 V.S.A. § 2414(a)(4). ☐ Neither I nor my spouse/domestic partner have leases or contracts required to be listed. Type of lease or contract Candidate/Spouse or Domestic Partner/Joint 5. Lobbying Activities – If your spouse or domestic partner is a lobbyist, enter the name of your spouse or domestic partner below and, if applicable, the name of his or her lobbying firm. 17 V.S.A. § 2414(b). ☐ My spouse/domestic partner has no lobbying activities required to be listed. Name of spouse/domestic partner Name of lobbying firm 6. Tax Return – If you are a candidate for Statewide office (not legislative office), please attach to this form a copy of your most recent U.S. Individual Income Tax Return Form 1040. You may redact the following information: (1) your Social Security Number and that of your spouse, if applicable; (2) the names of any dependent and the dependent’s Social Security Number; and (3) your signature and that of your spouse, if applicable. 17 V.S.A. § 2414(c). I hereby certify that the information provided is true and accurate to the best of my knowledge, information, and belief. ________________________________________________________ Date: ______________________ Signature Submit this completed Disclosure Form to the officer with whom you file your consent of candidate form. 17 V.S.A. § 2414(a)(1). Revised April 2024 for 2024. 3 Page 57 of 73 Page 58 of 73 Page 59 of 73 Page 60 of 73 Page 61 of 73 Page 62 of 73 Page 63 of 73 Page 64 of 73  Candidates for Vermont StatewideBurlington City Council … Office and Candidates for Legislative Office Financial Disclosure Form for 2024_ Who must file: 17 V.S.A. § 2414(a) requires that each candidate for Statewide office and each candidate for State Senator or State Representative complete and file this financial disclosure form. When: File with your consent of candidate form. Please attach additional pages as necessary to complete this form. Your name: E-mail address: Elected office sought: District: Financial information provided below is for calendar year 20235. 1. Sources of personal income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414 (e)(1), or both of you together, disclose each source of income that totals more than $5,000.00. You do not Commented [KS1]: $5,000 or more? %? need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). A. Employment income – List each employer and employer business address. If you are self- employed, describe the nature of your employment. 17 V.S.A. § 2414(a)(1)(A). ☐ Neither I nor my spouse/domestic partner have sources of employment income required to be listed. Employer Name Employer Business Address or description of Candidate/Spouse or work if self-employed Domestic Partner/Joint B. Investment income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each source of investment income that totals more than $5,000.00. 17 V.S.A. § 2414(a)(1)(B). You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). Sources of investment income may include, but are not limited to, stocks, bonds, mutual 1 Page 65 of 73  funds, income-producing property, joint ventures and business interests not included in Part 3 below. 17 V.S.A. § 2414(a)(3). Brokerage firms may be listed; individual stock holdings need not be disclosed unless stock ownership represents 10% or more, in which case the ownership should be listed in Part 3 below. Retirement holdings need not be listed. ☐ Neither I nor my spouse/domestic partner have investments required to be listed. Source Nature of Investment Candidate/Spouse or Domestic Partner/Joint C. Other Sources of Income - For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each additional source of income not mentioned above, that totals more than $5,000.00. You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). ☐ Neither I nor my spouse/domestic partner have any other sources of income required to be listed. Source of Income Candidate/Spouse or Domestic Partner/Joint 2. Service – List each board, commission, or other entity that is regulated by law or that receives funding from the State of Vermont on which you serve and your position on it. 17 V.S.A. § 2414(a)(2). ☐ I have no service to list. Board, Commission, other Entity Position held 3. Company Ownership – List any company which you, or your spouse or domestic partner, or both together own more than 10 percent. 17 V.S.A. § 2414(a)(3). ☐ Neither I nor my spouse/domestic partner have businesses required to be listed. Business Name Business Address Candidate/Spouse or Domestic Partner/Joint 2 Page 66 of 73  (Company ownership cont’d) 4. Lease or Contract with the State – List any lease or contract with the State held or entered into by (a) you or your spouse or domestic partner; or (b) a company of which you or your spouse or domestic partner, or both together owned more than 10 percent. 17 V.S.A. § 2414(a)(4). ☐ Neither I nor my spouse/domestic partner have leases or contracts required to be listed. Type of lease or contract Candidate/Spouse or Domestic Partner/Joint 5. Lobbying Activities – If your spouse or domestic partner is a lobbyist, enter the name of your spouse or domestic partner below and, if applicable, the name of his or her lobbying firm. 17 V.S.A. § 2414(b). ☐ My spouse/domestic partner has no lobbying activities required to be listed. Name of spouse/domestic partner Name of lobbying firm 6. Tax Return – If you are a candidate for Statewide office (not legislative office), please attach to this form a copy of your most recent U.S. Individual Income Tax Return Form 1040. You may redact the following information: (1) your Social Security Number and that of your spouse, if applicable; (2) the names of any dependent and the dependent’s Social Security Number; and (3) your signature and that of your spouse, if applicable. 17 V.S.A. § 2414(c). I hereby certify that the information provided is true and accurate to the best of my knowledge, information, and belief. Date: Signature Submit this completed Disclosure Form to the officer with whom you file your consent of candidate form. 17 V.S.A. § 2414(a)(1). Revised April 2024 for 2024. 3 Page 67 of 73 Page 68 of 73 Page 69 of 73 From: Jonathan Chapple-Sokol Date: November 8, 2025 Re: Sources of Revenue Not Considered in State Financial Disclosure Form Per the conversation at yesterday's Ordinance Committee meeting, here are the sources I came up with that seem to me to be sensible to include in a disclosure policy. I would not call the list comprehensive, and I don't know if these items can even be legally asked for, but the list should give the general idea. A stronger definition of personal income, that includes all resources for living: Wages, Investments, Services, Support (and their sources, so that if I, for example, provided a service or gift to a candidate, then my sources of income should be reported), if they exceed a cash value threshold, including: • Gifts, monetary and other (cash equivalent) • Tuition, housing, living expenses provided by family member (or anyone, and including grant/fellowships) • Other housing support • Services freely provided (child care, house maintenance/cleaning,…) • Alimony/Child Support • Gifted trips Page 70 of 73  Candidates for Burlington City Council … Financial Disclosure Form for 202_ Who must file: 17 V.S.A. § 2414(a) requires that each candidate for Burlington City Council Statewide office and Commented [KS1]: Will need to change each candidate for ? complete and file this financial disclosure form. When: File with your consent of candidate form. Please attach additional pages as necessary to complete this form. Your name: E-mail address: Elected office sought: District: Financial information provided below is for calendar year 20235. 1. Sources of personal income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414 (e)(1), or both of you together, disclose each source of income that totals more than $5,000.00. You do not Commented [KS2]: $5,000 or more? %? need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). A. Employment income – List each employer and employer business address. If you are self- employed, describe the nature of your employment. 17 V.S.A. § 2414(a)(1)(A). ☐ Neither I nor my spouse/domestic partner have sources of employment income required to be listed. Employer Name Employer Business Address or description of Candidate/Spouse or work if self-employed Domestic Partner/Joint B. Investment income – For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each source of investment income that totals more than $5,000.00. 17 V.S.A. § 2414(a)(1)(B). You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). Sources of investment income may include, but are not limited to, stocks, bonds, mutual 1 Page 71 of 73  funds, income-producing property, joint ventures and business interests not included in Part 3 below. 17 V.S.A. § 2414(a)(3). Brokerage firms may be listed; individual stock holdings need not be disclosed unless stock ownership represents 10% or more, in which case the ownership should be listed in Part 3 below. Retirement holdings need not be listed. ☐ Neither I nor my spouse/domestic partner have investments required to be listed. Source Nature of Investment Candidate/Spouse or Domestic Partner/Joint C. Other Sources of Income - For you, your spouse or your domestic partner as defined in 17 V.S.A. § 2414(e)(1), or both of you together, disclose each additional source of income not mentioned above, that totals more than $5,000.00. You do not need to provide the actual dollar amount. 17 V.S.A. § 2414(a)(1). ☐ Neither I nor my spouse/domestic partner have any other sources of income required to be listed. Source of Income Candidate/Spouse or Domestic Partner/Joint 2. Service – List each board, commission, or other entity that is regulated by law or that receives funding from the State of Vermont on which you serve and your position on it. 17 V.S.A. § 2414(a)(2). ☐ I have no service to list. Board, Commission, other Entity Position held 3. Company Ownership – List any company which you, or your spouse or domestic partner, or both together own more than 10 percent. 17 V.S.A. § 2414(a)(3). ☐ Neither I nor my spouse/domestic partner have businesses required to be listed. Business Name Business Address Candidate/Spouse or Domestic Partner/Joint 2 Page 72 of 73  (Company ownership cont’d) 4. Lease or Contract with the State – List any lease or contract with the State held or entered into by (a) you or your spouse or domestic partner; or (b) a company of which you or your spouse or domestic partner, or both together owned more than 10 percent. 17 V.S.A. § 2414(a)(4). ☐ Neither I nor my spouse/domestic partner have leases or contracts required to be listed. Type of lease or contract Candidate/Spouse or Domestic Partner/Joint 5. Lobbying Activities – If your spouse or domestic partner is a lobbyist, enter the name of your spouse or domestic partner below and, if applicable, the name of his or her lobbying firm. 17 V.S.A. § 2414(b). ☐ My spouse/domestic partner has no lobbying activities required to be listed. Name of spouse/domestic partner Name of lobbying firm 6. Tax Return – If you are a candidate for Statewide office (not legislative office), please attach to this form a copy of your most recent U.S. Individual Income Tax Return Form 1040. You may redact the following information: (1) your Social Security Number and that of your spouse, if applicable; (2) the names of any dependent and the dependent’s Social Security Number; and (3) your signature and that of your spouse, if applicable. 17 V.S.A. § 2414(c). I hereby certify that the information provided is true and accurate to the best of my knowledge, information, and belief. Date: Signature Submit this completed Disclosure Form to the officer with whom you file your consent of candidate form. 17 V.S.A. § 2414(a)(1). Revised April 2024 for 2024. 3 Page 73 of 73