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Article 2 Administration and Enforcement
Section 201 Zoning Administrator
A Zoning Administrator is hereby appointed to administer the Halifax Zoning Regulation in accordance with Section 4448 of the Act. The Zoning Administrator shall literally enforce the provisions of this Regulation, and in so doing, shall inspect land developments, maintain records of his actions, report periodically to the public and the governing body, and perform all other necessary tasks to carry out the provisions of this Regulation and the duties of his office.
Section 202 Zoning Permits
After the effective date of this Regulation, no development may occur until a Zoning Permit has been duly issued by the Zoning Administrator. Development is hereby defined as:
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of any structure; any mining, excavation, landfill or construction of ponds or other impoundments; and any change in use or extension of use of the land or structures.
Development does not include the removal of interior walls, the installation or replacement of windows or doors or other alterations that would not enlarge a structure, encroach on any setback or other dimensional requirements, or be likely to change the use of a structure. Constructing one building or structure per parcel 100 square feet in area or less or landscaping, excavation or filling incidental and accessory to a lawful use of the land is also not considered development.
1. All zoning permits are subject to the limitations on municipal bylaws detailed in section 4413 of the Act. The following uses (described in complete detail in Section 4413(a) 1 through 6) may be regulated only with respect to location, size, setbacks and the other criteria detailed in Section 4413(a): 1) State- or community-owned and operated institutions and facilities; 2) Public and private schools and other educational institutions certified by the state department of education; 3) Churches and other places of worship, convents, and parish houses; 4) Public and private hospitals; 5) Regional solid waste management facilities certified under 10 VSA Chapter 159; 6) Hazardous waste management facilities for which a notice of intent to construct has been received under 10 VSA Section 6606a.
2. No zoning permit shall be required for the following activities, described in further detail in Sections 4413 (b), (d), and (e) of the Act:
a. Public utility generating plants and transmission facilities regulated under 30 VSA Section 248 (4413(b).
b. The construction of farm structures or accepted agricultural and silvicultural practices as defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation. A person shall notify the town of intent to build a farm structure and abide by setbacks approved by the secretary of agriculture, food and markets 4413(d).
c. Hunting, fishing and trapping as defined by 24 VSA Section 2295 (4413(e).
3. Activities defined as development and not exempted or restricted by the preceding provisions of Section 202(1) and (2) require a permit. The Zoning Administrator shall approve a permit only if all of the following requirements are met:
a. Zoning Permit Application Form as established by the Planning Commission, including plot plan requirements, has been properly completed and submitted.
b. The Zoning Permit Fee, as annually established by the Selectboard in accordance with Section 4440 of the Act, has been paid.
c. If a proposed use requires other permits under the Town Highway or Health Ordinances, or a state Wastewater System and Potable Water Supply permit, such permits shall be obtained and submitted to the Zoning Administrator before a Zoning Permit is granted.
d. All applicable local reviews and approvals have been secured where required, including, but not limited to, Site Plan, Conditional Use, Planned Unit Development (PUD), Right-of-way or Variance approvals.
e. The stipulations of any applicable State agencies have been satisfied in accordance with Section 403 of these Regulations.
4. The applicant must post a copy or notice of the approved permit within view of the public right-of-way most nearly adjacent to the property for 15 days following the issuance of the permit.
5. The Zoning Administrator shall approve or disapprove a complete application for a zoning permit, or, if required, shall forward such application to the Zoning Board of Adjustment, Planning Commission or, pursuant to Section 4424 of the Act pertaining to flood or other hazard areas to the State Agency of Natural Resources, for review within thirty (30) days of acceptance of the complete application. No zoning permits shall be issued except in conformance with the provisions of these Regulations and with the submission of all required approvals. If the Zoning Administrator fails to act with regard to such application for a permit within thirty (30) days, a permit shall be deemed issued on the 31st day.
6. Within three (3) days following the issuance of a zoning permit, the Zoning Administrator shall deliver a copy of the permit to the Board of Listers, and shall post a copy of the permit in at least one public place in the Town until the expiration of fifteen (15) days from the date of issuance of the permit.
7. Within 30 days after a zoning permit has been issued, the Zoning Administrator shall deliver a copy or notice of the permit to the Town Clerk for recording in the land use records and file a copy where all municipal and land use records are kept.
8. No zoning permit issued by the Zoning Administrator shall take effect until fifteen (15) days have passed or, if an appeal is filed, until the final adjudication of the appeal by the Zoning Board and the time for taking the appeal to the Environmental Court has passed. If an appeal is taken to the Environmental Court, the permit shall not take effect until the Environmental Court either issues a stay or a ruling on the appeal.
9.A zoning permit is in force for two (2) years from its date of issuance, except a permit for a Planned Unit Development which may be in force for up to five (5) years. If the permitted activities have not been substantially completed within this period, re-application must be made for a new zoning permit, unless an extension for an additional two (2) years is granted either by the Zoning Administrator for one- and two-family homes and related accessory structures/uses, or by the Zoning Board of Adjustment for all other uses.
10.Violations of these Regulations shall be regulated as prescribed in Sections 4451, 4452 and 4454 of the Act.
11. An interested person, as defined in Section 4465(b) of the Act on page 40 of this regulation, may appeal any act or decision of the Zoning Administrator to the Board of Adjustment within fifteen (15) days of such act or decision, in accordance with the provisions of Subchapter 11 of the Act .
Section 203 Zoning Board of Adjustment
The Zoning Board of Adjustment (ZBA) for Halifax is established as provided for in Section 4460 of the Act, members of which shall be appointed by the Selectboard in accordance with the provisions of Section 4460 of the Act. The ZBA shall have all the powers and duties specified in the Act, and it is established with the rules of procedure including public notice, appeal, and approval as provided in the Act.
1. Appeals The ZBA shall hear and decide upon appeals brought by interested persons according to sections 4465, 4466 and 4468 of the Act.
2. Variances The ZBA shall hear and decide upon requests for variance under Section 4469 of the Act. On an appeal for a variance regarding a structure that is not primarily a renewable energy resource structure, the ZBA may grant variances and render a decision in favor of the appellant if all the criteria under section 4469(a) of the Act are met. The board may grant a request for variance regarding a structure that is primarily a renewable energy resource structure in accordance with Section 4469(b) of the Act. The Board shall act to approve or disapprove any request for a variance within forty-five (45) days from the close of the final public hearing. Failure to do so within such period shall be deemed approval.
3. Conditional Use Permits The ZBA shall hear and decide upon applications for conditional use permits. In considering its action, the Board shall make findings on general and specific standards, and may attach conditions as provided for in Section 4414(3) of the Act.
a. General Conditional Use Standards are as provided in Section 4414(3)(A) of the Act: the capacity of existing or planned community facilities; the character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan; traffic on roads and highways in the vicinity; bylaws and ordinances then in effect; and use of renewable energy resources.
b.Specific Conditional Use Standards are adopted in order to safeguard the interests of surrounding properties, the neighborhood, or the town as a whole. In granting a Conditional Use Permit, the ZBA may:
• Increase lot size or setback requirements.
• Reduce the coverage or height of buildings.
• Control the number and location of vehicular access points; control the location of off-street parking, storage areas, and placement of buildings on a lot.
• Increase the number of off-street parking spaces.
•Limit the number, location and size of signs, and control the placement, shielding, and intensity of lighting.
• Require suitable landscaping and screening to accomplish the purpose of screening, buffering, erosion control, etc., and to maintain the district character.
• Require the installation of devices or methods to prevent or control the polluting of waters and the emission of fumes, gas, dust, smoke, odor, noise or vibration.
• Apply any additional standards as provided for within these Regulations.
c. Additional Conditions As a condition of the grant of a conditional use, the Board may attach such additional reasonable conditions as it may deem necessary to implement the purposes of the Act and these regulations.
d. Documentation Applications for Conditional Use Permits are submitted to the Zoning Administrator, who in turn notifies the ZBA within 5 days of receipt of the application. Each application must be accompanied by a completed Conditional Use application form, the required fee, and a site plan, as described in subsection 8 of this section. Incomplete applications will be returned by the Zoning Administrator without action.
e. Site Plan The ZBA shall review site plans that are part of Conditional Use applications. In accordance with Section 4416 of the act, in reviewing site plans the ZBA may impose appropriate conditions and safeguards with respect to: the adequacy of parking, traffic safety and access, and circulation for pedestrians and vehicles; landscaping, screening and setbacks to achieve maximum compatibility with the protection of adjacent property; the protection and use of renewable energy resources; exterior lighting; the size , location and design of signs, and other matters specified by these regulations. The applicant shall submit two sets of Site Plan maps and supporting data with the Conditional Use application which shall include the following information:
• Name and address of property owner, or applicant if different than owner, and of owners of record of adjoining lands; name and address of person or firm preparing map.
• Halifax land records data: book number and page of recorded deed to property.
• Lot, block and section number of property, as identified on the most current tax map record that is available.
• Property lines, acreage figures, scale of map, north point, and date.
• Existing contours and features, including: structures, streets, driveways, easements and rights-of-way, major natural features (such as wetlands, ponds, streams, etc.), utilities, and any deed restrictions applying to the property.
• Proposed grading and location of structures and land use areas.
• Proposed layout of roads, driveways, walkways, utilities, traffic circulation and parking spaces.
• Existing trees, shrubs and other vegetation to be preserved on the site.
• Proposed landscaping.
• The Site Plan map shall indicate the total potential development of the entire property, as applicable.
• Anticipated phasing of development shall be shown on the Site Plan map.
f. Conditional Use Hearing and Approval The ZBA has up to 60 days to hold at least one public hearing after the day on which the complete application, including site plan if required, is submitted in good order. The Zoning Board of Adjustment shall act to approve or disapprove any requested conditional use within forty five (45) days of the adjournment of the final public hearing. Failure to do so within such period shall be deemed approval.
4. Technical Review The ZBA may hire professionals to conduct technical or legal reviews of any application under consideration. When such reviews are deemed necessary, a fee that fully covers the costs shall be charged to the applicant.
5. Planned Unit Development, Cluster Housing Review The ZBA will review and decide upon applications for Planned Unit Developments in accordance with Section 4417 of the Act and Section 508 of this regulation. The ZBA shall also review and decide upon applications for Cluster Housing in accordance with Section 509 of this regulation.
Section 204 Planning Commission
The Planning Commission shall have all the powers and duties specified in the Act, including the following:
1. Site plan approval for projects which do not require a conditional use permit and are thus not covered by the ZBA. Procedures are the same as detailed in Section 203(3)(e) of this Regulation. The Planning Commission shall hold at least one public hearing within 60 days after the completed site plan is submitted. The Commission shall act to approve or disapprove any site plan application within 45 days of the adjournment of the final public hearing.
2. In those zoning districts where allowed, review and decide upon applications for rights-of-way or easements for development lacking frontage in accordance with Section 4412(3) of the Act.
3. The Planning Commission may hire professionals to conduct technical or legal reviews of any application under consideration. When legal or technical reviews are deemed necessary by the Planning Commission, a fee that fully covers the costs shall be charged to the applicant.
Section 205 Public Notice Requirements
Notification procedures as detailed in Section 4464(a) of the Act apply. Key provisions are outlined below; full details may be found in the Act.
1. A warned public hearing is required for all development review applications before an appropriate municipal panel.
a. Public notice for conditional use review, variances, appeals from Zoning Administrator decisions, and final plat review for subdivisions shall be given not less than 15 days prior to the date of the public hearing.
b. Public notice for hearings on all other types of development review, including site plan review, shall be given not less than 7 days prior to the date of the public hearing.
2. Public notice shall include the following:
a. For reviews covered under 205(1)(a) above, publication of the date, place and purpose of the hearing in a newspaper generally circulated in the municipality. This does not apply to 1(b).
b. Posting of the same information in three or more places within the municipality.
c. Written notification to the applicant and all adjoining property owners, without regard to public rights-of-way. Notification shall include a description of the project, information about where additional information may be obtained, and shall clearly state that participation in the local proceeding is a prerequisite for any subsequent appeal.
3. The Appropriate Municipal Panel shall require the applicant to bear the cost of public warnings detailed in 2(a) and (b) above.
Section 201 Zoning Administrator
A Zoning Administrator is hereby appointed to administer the Halifax Zoning Regulation in accordance with Section 4448 of the Act. The Zoning Administrator shall literally enforce the provisions of this Regulation, and in so doing, shall inspect land developments, maintain records of his actions, report periodically to the public and the governing body, and perform all other necessary tasks to carry out the provisions of this Regulation and the duties of his office.
Section 202 Zoning Permits
After the effective date of this Regulation, no development may occur until a Zoning Permit has been duly issued by the Zoning Administrator. Development is hereby defined as:
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of any structure; any mining, excavation, landfill or construction of ponds or other impoundments; and any change in use or extension of use of the land or structures.
Development does not include the removal of interior walls, the installation or replacement of windows or doors or other alterations that would not enlarge a structure, encroach on any setback or other dimensional requirements, or be likely to change the use of a structure. Constructing one building or structure per parcel 100 square feet in area or less or landscaping, excavation or filling incidental and accessory to a lawful use of the land is also not considered development.
1. All zoning permits are subject to the limitations on municipal bylaws detailed in section 4413 of the Act. The following uses (described in complete detail in Section 4413(a) 1 through 6) may be regulated only with respect to location, size, setbacks and the other criteria detailed in Section 4413(a): 1) State- or community-owned and operated institutions and facilities; 2) Public and private schools and other educational institutions certified by the state department of education; 3) Churches and other places of worship, convents, and parish houses; 4) Public and private hospitals; 5) Regional solid waste management facilities certified under 10 VSA Chapter 159; 6) Hazardous waste management facilities for which a notice of intent to construct has been received under 10 VSA Section 6606a.
2. No zoning permit shall be required for the following activities, described in further detail in Sections 4413 (b), (d), and (e) of the Act:
a. Public utility generating plants and transmission facilities regulated under 30 VSA Section 248 (4413(b).
b. The construction of farm structures or accepted agricultural and silvicultural practices as defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation. A person shall notify the town of intent to build a farm structure and abide by setbacks approved by the secretary of agriculture, food and markets 4413(d).
c. Hunting, fishing and trapping as defined by 24 VSA Section 2295 (4413(e).
3. Activities defined as development and not exempted or restricted by the preceding provisions of Section 202(1) and (2) require a permit. The Zoning Administrator shall approve a permit only if all of the following requirements are met:
a. Zoning Permit Application Form as established by the Planning Commission, including plot plan requirements, has been properly completed and submitted.
b. The Zoning Permit Fee, as annually established by the Selectboard in accordance with Section 4440 of the Act, has been paid.
c. If a proposed use requires other permits under the Town Highway or Health Ordinances, or a state Wastewater System and Potable Water Supply permit, such permits shall be obtained and submitted to the Zoning Administrator before a Zoning Permit is granted.
d. All applicable local reviews and approvals have been secured where required, including, but not limited to, Site Plan, Conditional Use, Planned Unit Development (PUD), Right-of-way or Variance approvals.
e. The stipulations of any applicable State agencies have been satisfied in accordance with Section 403 of these Regulations.
4. The applicant must post a copy or notice of the approved permit within view of the public right-of-way most nearly adjacent to the property for 15 days following the issuance of the permit.
5. The Zoning Administrator shall approve or disapprove a complete application for a zoning permit, or, if required, shall forward such application to the Zoning Board of Adjustment, Planning Commission or, pursuant to Section 4424 of the Act pertaining to flood or other hazard areas to the State Agency of Natural Resources, for review within thirty (30) days of acceptance of the complete application. No zoning permits shall be issued except in conformance with the provisions of these Regulations and with the submission of all required approvals. If the Zoning Administrator fails to act with regard to such application for a permit within thirty (30) days, a permit shall be deemed issued on the 31st day.
6. Within three (3) days following the issuance of a zoning permit, the Zoning Administrator shall deliver a copy of the permit to the Board of Listers, and shall post a copy of the permit in at least one public place in the Town until the expiration of fifteen (15) days from the date of issuance of the permit.
7. Within 30 days after a zoning permit has been issued, the Zoning Administrator shall deliver a copy or notice of the permit to the Town Clerk for recording in the land use records and file a copy where all municipal and land use records are kept.
8. No zoning permit issued by the Zoning Administrator shall take effect until fifteen (15) days have passed or, if an appeal is filed, until the final adjudication of the appeal by the Zoning Board and the time for taking the appeal to the Environmental Court has passed. If an appeal is taken to the Environmental Court, the permit shall not take effect until the Environmental Court either issues a stay or a ruling on the appeal.
9.A zoning permit is in force for two (2) years from its date of issuance, except a permit for a Planned Unit Development which may be in force for up to five (5) years. If the permitted activities have not been substantially completed within this period, re-application must be made for a new zoning permit, unless an extension for an additional two (2) years is granted either by the Zoning Administrator for one- and two-family homes and related accessory structures/uses, or by the Zoning Board of Adjustment for all other uses.
10.Violations of these Regulations shall be regulated as prescribed in Sections 4451, 4452 and 4454 of the Act.
11. An interested person, as defined in Section 4465(b) of the Act on page 40 of this regulation, may appeal any act or decision of the Zoning Administrator to the Board of Adjustment within fifteen (15) days of such act or decision, in accordance with the provisions of Subchapter 11 of the Act .
Section 203 Zoning Board of Adjustment
The Zoning Board of Adjustment (ZBA) for Halifax is established as provided for in Section 4460 of the Act, members of which shall be appointed by the Selectboard in accordance with the provisions of Section 4460 of the Act. The ZBA shall have all the powers and duties specified in the Act, and it is established with the rules of procedure including public notice, appeal, and approval as provided in the Act.
1. Appeals The ZBA shall hear and decide upon appeals brought by interested persons according to sections 4465, 4466 and 4468 of the Act.
2. Variances The ZBA shall hear and decide upon requests for variance under Section 4469 of the Act. On an appeal for a variance regarding a structure that is not primarily a renewable energy resource structure, the ZBA may grant variances and render a decision in favor of the appellant if all the criteria under section 4469(a) of the Act are met. The board may grant a request for variance regarding a structure that is primarily a renewable energy resource structure in accordance with Section 4469(b) of the Act. The Board shall act to approve or disapprove any request for a variance within forty-five (45) days from the close of the final public hearing. Failure to do so within such period shall be deemed approval.
3. Conditional Use Permits The ZBA shall hear and decide upon applications for conditional use permits. In considering its action, the Board shall make findings on general and specific standards, and may attach conditions as provided for in Section 4414(3) of the Act.
a. General Conditional Use Standards are as provided in Section 4414(3)(A) of the Act: the capacity of existing or planned community facilities; the character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan; traffic on roads and highways in the vicinity; bylaws and ordinances then in effect; and use of renewable energy resources.
b.Specific Conditional Use Standards are adopted in order to safeguard the interests of surrounding properties, the neighborhood, or the town as a whole. In granting a Conditional Use Permit, the ZBA may:
• Increase lot size or setback requirements.
• Reduce the coverage or height of buildings.
• Control the number and location of vehicular access points; control the location of off-street parking, storage areas, and placement of buildings on a lot.
• Increase the number of off-street parking spaces.
•Limit the number, location and size of signs, and control the placement, shielding, and intensity of lighting.
• Require suitable landscaping and screening to accomplish the purpose of screening, buffering, erosion control, etc., and to maintain the district character.
• Require the installation of devices or methods to prevent or control the polluting of waters and the emission of fumes, gas, dust, smoke, odor, noise or vibration.
• Apply any additional standards as provided for within these Regulations.
c. Additional Conditions As a condition of the grant of a conditional use, the Board may attach such additional reasonable conditions as it may deem necessary to implement the purposes of the Act and these regulations.
d. Documentation Applications for Conditional Use Permits are submitted to the Zoning Administrator, who in turn notifies the ZBA within 5 days of receipt of the application. Each application must be accompanied by a completed Conditional Use application form, the required fee, and a site plan, as described in subsection 8 of this section. Incomplete applications will be returned by the Zoning Administrator without action.
e. Site Plan The ZBA shall review site plans that are part of Conditional Use applications. In accordance with Section 4416 of the act, in reviewing site plans the ZBA may impose appropriate conditions and safeguards with respect to: the adequacy of parking, traffic safety and access, and circulation for pedestrians and vehicles; landscaping, screening and setbacks to achieve maximum compatibility with the protection of adjacent property; the protection and use of renewable energy resources; exterior lighting; the size , location and design of signs, and other matters specified by these regulations. The applicant shall submit two sets of Site Plan maps and supporting data with the Conditional Use application which shall include the following information:
• Name and address of property owner, or applicant if different than owner, and of owners of record of adjoining lands; name and address of person or firm preparing map.
• Halifax land records data: book number and page of recorded deed to property.
• Lot, block and section number of property, as identified on the most current tax map record that is available.
• Property lines, acreage figures, scale of map, north point, and date.
• Existing contours and features, including: structures, streets, driveways, easements and rights-of-way, major natural features (such as wetlands, ponds, streams, etc.), utilities, and any deed restrictions applying to the property.
• Proposed grading and location of structures and land use areas.
• Proposed layout of roads, driveways, walkways, utilities, traffic circulation and parking spaces.
• Existing trees, shrubs and other vegetation to be preserved on the site.
• Proposed landscaping.
• The Site Plan map shall indicate the total potential development of the entire property, as applicable.
• Anticipated phasing of development shall be shown on the Site Plan map.
f. Conditional Use Hearing and Approval The ZBA has up to 60 days to hold at least one public hearing after the day on which the complete application, including site plan if required, is submitted in good order. The Zoning Board of Adjustment shall act to approve or disapprove any requested conditional use within forty five (45) days of the adjournment of the final public hearing. Failure to do so within such period shall be deemed approval.
4. Technical Review The ZBA may hire professionals to conduct technical or legal reviews of any application under consideration. When such reviews are deemed necessary, a fee that fully covers the costs shall be charged to the applicant.
5. Planned Unit Development, Cluster Housing Review The ZBA will review and decide upon applications for Planned Unit Developments in accordance with Section 4417 of the Act and Section 508 of this regulation. The ZBA shall also review and decide upon applications for Cluster Housing in accordance with Section 509 of this regulation.
Section 204 Planning Commission
The Planning Commission shall have all the powers and duties specified in the Act, including the following:
1. Site plan approval for projects which do not require a conditional use permit and are thus not covered by the ZBA. Procedures are the same as detailed in Section 203(3)(e) of this Regulation. The Planning Commission shall hold at least one public hearing within 60 days after the completed site plan is submitted. The Commission shall act to approve or disapprove any site plan application within 45 days of the adjournment of the final public hearing.
2. In those zoning districts where allowed, review and decide upon applications for rights-of-way or easements for development lacking frontage in accordance with Section 4412(3) of the Act.
3. The Planning Commission may hire professionals to conduct technical or legal reviews of any application under consideration. When legal or technical reviews are deemed necessary by the Planning Commission, a fee that fully covers the costs shall be charged to the applicant.
Section 205 Public Notice Requirements
Notification procedures as detailed in Section 4464(a) of the Act apply. Key provisions are outlined below; full details may be found in the Act.
1. A warned public hearing is required for all development review applications before an appropriate municipal panel.
a. Public notice for conditional use review, variances, appeals from Zoning Administrator decisions, and final plat review for subdivisions shall be given not less than 15 days prior to the date of the public hearing.
b. Public notice for hearings on all other types of development review, including site plan review, shall be given not less than 7 days prior to the date of the public hearing.
2. Public notice shall include the following:
a. For reviews covered under 205(1)(a) above, publication of the date, place and purpose of the hearing in a newspaper generally circulated in the municipality. This does not apply to 1(b).
b. Posting of the same information in three or more places within the municipality.
c. Written notification to the applicant and all adjoining property owners, without regard to public rights-of-way. Notification shall include a description of the project, information about where additional information may be obtained, and shall clearly state that participation in the local proceeding is a prerequisite for any subsequent appeal.
3. The Appropriate Municipal Panel shall require the applicant to bear the cost of public warnings detailed in 2(a) and (b) above.
