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Article 5 Special Regulations
The following uses have specific standards they must meet in order to be considered as a permitted or a conditionally permitted use in a designated district. If there is a conflict between a standard in this section and a standard in another section of this Regulation, the more restrictive standard shall apply.
Section 500 Automotive Service Station
In all districts where permitted, automobile service stations, with or without repair garages, shall comply with the following:
1. Pumps, lubricating and outdoor service devices shall be located at least fifty (50) feet from the front, side and rear lot lines.
2. All stored fuel and oil, including underground tanks, shall meet state fire codes.
3. All automobile parts and dismantled vehicles shall be stored within an enclosed building.
4. Landscaping requirements as set forth in Section 407 of this Regulation shall be met.
5. There shall be no more than two access driveways from the street; access driveways shall be clearly defined.
Section 501 Earth/Mineral Extraction
Where permitted by this Regulation, the extraction and processing of soil, sand, stone or gravel, except when incidental to construction of a building on the same premises, shall be permitted only after the Board of Adjustment finds, following Conditional Use Review, that the proposed activity meets the standards below in addition to any other applicable standards contained in this Regulation. The applicant for a Conditional Use Permit for earth/mineral extraction shall submit two copies of a proposed Site Restoration Plan along with all other required documents. In all districts where permitted, earth/mineral extraction operations shall comply with the following:
1.The operation shall conform to all General Performance Standards.
2. The operation will not cause an unreasonable burden on an existing water supply if one is to be used, nor have an adverse impact on the quality or quantity of neighboring water supplies.
3. The operation will not cause unreasonable soil erosion; it will not result in a reduction in the capacity of the land to hold water during and after the operation which creates a dangerous or unhealthy situation for adjoining property owners or downstream areas due to stream bank erosion, surface water runoff, or flooding.
4. It will not adversely impact any wetland area or stream bank, nor cause the sedimentation of streams.
5. It will not cause unreasonable highway congestion, unsafe conditions or excessive use with respect to highways and bridges existing or proposed in the area.
6. It will not have an undue adverse effect on the scenic or natural beauty of the area, other aesthetic values, historic sites, or rare and irreplaceable natural resources or areas.
7. It will not result in an embankment with a slope steeper than one foot vertical to two feet horizontal upon completion of an area of work.
8. It will provide, in the form of a Site Restoration Plan, for restoration of the area operation and site restoration process.
9. A performance bond, letter of credit, or equivalent surety shall be secured from the applicant sufficient to ensure that, upon completion of the extraction operations, the site will be left in a safe, attractive and useful condition in the interest of public safety and general welfare, and in conformance with the Site Restoration Plan.
10. It will not undermine any adjacent road.
11. Adequate vegetative buffers or other screening shall be maintained at all times between the operation (including excavation, blasting, crushing and traffic access and circulation) and all roads and adjacent properties. The purpose of these buffer areas is to protect adjacent properties from excessive noise, dust, fumes and other adverse impacts.
12. Additional conditions may be imposed as deemed necessary. These conditions may include limitations on hours of operation and the number of truck trips, as well as required covering for loads leaving the site.
Section 502 Home Occupations and Home Industry
1. Home Occupations As per section 4412 of the Act, no regulation may infringe on the right of any resident to use a minor portion of a dwelling for an occupation that is customary in residential areas and does not have an adverse effect on the character of the area. No zoning permit is required for a home occupation, as defined below. There is no limit to the number of home occupations allowed per dwelling unit, as long as the total of all home occupations meet these requirements:
a. The home occupation shall be carried on by a member or members of the family residing within the dwelling.
b. The home occupation shall be carried on within a minor portion of the dwelling.
c. Only those exterior displays of signs permitted in the district are allowed.
d. Exterior storage of material is not permitted.
e. No traffic shall be generated in substantially greater volume than would normally be expected in the neighborhood.
f. Processed products or agricultural products not grown or processed on the premises may not be sold directly to the public. This limitation on sales does not apply to mail order.
2. Home Industry A home industry which is customarily conducted entirely within a dwelling or accessory structure, and carried on by the occupants thereof, and which is clearly incidental and secondary to the use of the property for residential purposes and does not change the character of the neighborhood is a permitted use in all districts. In addition, a use which is customarily conducted outside of a dwelling or accessory structure, such as a cord wood operation, shall also be permitted as a home industry, so long as it is clearly incidental and secondary to the residential use of the property and does not change the character of the neighborhood. A home industry requires a zoning permit with a detailed plot plan to be reviewed by the Zoning Administrator. If the Zoning Administrator deems it advisable or necessary, the application will be forwarded to the Zoning Board of Adjustment for conditional use review and approval as detailed in Section 203(3). A home industry shall comply with the following:
a. The home industry shall be carried on by members of the family who reside within the dwelling; two employees who are not family members living within the dwelling are permitted.
b. The home industry shall be carried on within a minor portion (less than 50%) of the dwelling or within an accessory building such as a garage or barn.
c. No traffic shall be generated in substantially greater volumes than would normally be expected in the neighborhood.
e. A home industry shall conform to all General Performance Standards in Section 404.
g. Off street parking shall be provided as required in Section 413.
h Processed products or agricultural products not grown or processed on the premises may not be sold directly to the general public. This limitation does not apply to a mail order home industry.
i. A permit for a home industry shall be personal to the occupant at that location only and shall not attach to the land.
Section 503 Light Industry
A light industry is hereby defined as a non-polluting operation that fabricates, processes, assembles, stores or otherwise produces small, light, high-value goods. Finished or semi-finished goods may be stored outdoors temporarily. A light industry may not occupy more than 6,000 square feet of area, including interior floor area and exterior storage. In all districts where permitted, light industry uses shall comply with the following:
1. It will emit no air, water or noise pollution as specified in Section 321 of this Regulation.
2. Vehicular delivery and shipment activity to and from light industry uses shall not cause unreasonable highway congestion or unsafe conditions for vehicular or pedestrian traffic on any public or private road. The total number of deliveries or shipments per day shall be limited to a level which ensures such safety and is appropriate to the existing conditions of and level of traffic on the road(s) on which the proposed light industrial use is located. At least one adequate off street loading area shall be provided.
3. The total number of employees permitted on the largest shift shall be limited to a level which ensures the safe movement of vehicular and pedestrian traffic on public and private roads and which is appropriate to the existing traffic conditions of the road(s) on which the proposed light industrial use is located.
4. The landscaping requirements of Section 407 shall be met.
Section 504 Child Care Homes and Residential and Group Homes
The following uses are permitted uses of a single-family residence under Section 4412 of the Act. These uses require a zoning permit.
1. Child Care Home A state registered or licensed family child care home serving 6 or fewer children full-time and 4 or fewer children part-time as defined in Title 33 subdivision 4902 (3)(a) of the Vermont Statutes, conducted within a single family dwelling shall be considered by right a permitted single family residential use of the property. A zoning permit shall not be issued until the applicant submits proof that the facility is properly registered by the Vermont Department of Social and Rehabilitative Services. A child care home serving more than six full time and four part-time children is a conditional use requiring a site plan approval and review by the ZBA.
2. Residential and Group Homes A state licensed or registered residential care home or group home, serving not more than 8 persons who are developmentally disabled or physically handicapped, shall be considered by right to constitute a permitted single family residential use of property, except that no such home shall be considered if it is located within 1,000 feet of another. A zoning permit shall not be issued until the applicant submits proof that the facility is properly registered by the appropriate state agency. Such homes serving more than 8 persons are a conditional use requiring site plan approval and review by the ZBA.
Section 505 Ponds, Impoundments and Dams
The construction of a pond or other impoundments, and the damming of a stream constitutes development and therefore requires a Zoning Permit.
No Zoning Permit shall be issued by the Zoning Administrator until the applicant submits the following information:
1. Proof that all applicable State permits or approvals have been secured. Depending upon the size and nature of the impoundment, approvals may be required from various departments and authorities within the Agency of Environmental Conservation.
2. Certification from the applicant that the pond or impoundment will not have undue adverse impacts on upstream or downstream properties.
Section 506 Storage of Flammable Liquids
Storage of flammable liquids including, but not limited to, petroleum and toxic, corrosive or other chemical substances, and flammable or combustible liquids or gasses (other than bulk storage for commercial distribution) is permitted in any district, but will require a zoning permit if the storage capacity is over one thousand (1000) gallons in order to ensure that setback requirements are met.
No Zoning Permit shall be issued by the Zoning Administrator for the installation of an above ground or an underground storage tank until the applicant submits proof that all applicable state permits and approvals have been secured. Permits may include, but may not be limited to, those required by:
1. The Vermont Department of Environmental Conservation, Underground Storage Tank Program.
2. The Department of Labor and Industry.
Section 507 Bulk Storage of Fuel
Bulk storage of fuel in above-ground containers for subsequent resale to distributors, retail dealers or outlets is permitted in the Rural Residential District only after the Zoning Board of Adjustment finds, following Conditional Use Review, that the proposed activity meets the standards below in addition to any other applicable standards contained in this Regulation. Bulk fuel storage does not include the storage of cord wood.
1. A commercial fuel storage facility shall be located on an adequate road.
2. The design and operation of the commercial distribution facility shall comply with all requirements established by the 1989 Building and Fire Code of the State of Vermont, and subsequent amendments thereto, administered by the Vermont Department of Labor and Industry.
3. A permanent vegetated buffer at least seventy-five (75) feet in width shall be maintained along all side and rear property boundaries. Neither the facility nor its accessory uses, including parking and access areas, shall be located within this buffer area.
4. A suitably curbed landscaped area shall be maintained at least twenty-five (25) feet in depth along all road frontage not used as a driveway.
5. The facility shall be designed and operated in a manner which does not cause unreasonable congestion or unsafe conditions with respect to the use of state and local highways. Safety issues to be addressed shall include, but shall not be limited to: the design of points of access, adequacy of sight distances and approach grades in each direction from the site along highways, legal speed limits, proximity of the site to other public uses within the area (churches, schools, libraries, etc.), number of shipments and deliveries to and from the site, adequacy of circulation and turning, etc.
Section 508 Planned Unit Development (PUD)
In accordance with Section 4417 of the Act, and within specified districts, zoning regulations may be modified by the Planning Commission to allow Planned Unit Developments (PUD). Planned Unit Developments are defined as any combination of housing or housing and commercial development that is either a permitted or conditional use in the district where the project is located. Planned Unit Developments are provided in order to encourage the preservation of open space; preserve the natural and scenic aspects of an area, protect land for agricultural, forestry and natural resource use, allow more efficient use of public facilities; promote an improved level of amenities, creative design, and a more attractive environment; and provide greater opportunities for varied, attractive and affordable housing.
1. General Application and Review Procedures
a. The initial notification of a PUD is submitted to the Zoning Administrator who notifies the Planning Commission. A notification and subsequent application may be filed in the names of the recorded owner or owners of property included in the development or a person or persons presenting evidence of an equitable or substantial contractual interest in the property, such as a lease or a binding agreement to purchase upon approval of development plans.
2. Preapplication Conference
a. One or more preapplication conferences shall be held with the applicant, Planning Commission and interested municipal officials to exchange information and reach an understanding of the nature and scope of the proposal, municipal requirements, and quantitative data necessary for a preliminary application.
b. The applicant shall submit to the Planning Commission sketch plans and basic site information including proposed land uses, adjacent land uses, proposed density, and the treatment of open space.
c. The Planning Commission shall furnish the applicant with written comments and appropriate recommendations with respect to the pre-application conference.
3. Preliminary Development Plan Application & Review Applications shall be submitted to the Planning Commission in the form prescribed by the commission. In addition to the application fee, the Planning Commission may charge for costs associated with the hiring of an engineer, attorney, planner, or other professionals, to advise the Planning Commission in technical or legal matters associated with a development proposal. The PUD application shall include:
a. A narrative statement by the applicant describing the character of the development and the reasons for the particular approach proposed.
b. A development schedule indicating the approximate date when construction or phased development can be expected to begin and be completed.
c. Quantitative data indicating the total number and type of dwelling units and non-residential uses, parcel size, proposed lot coverage of buildings and structures, approximate residential and non-residential densities, and amount of usable open space.
d. Maps of existing site conditions, including contours at five (5) foot intervals, water courses, flood plains, agricultural lands, wetlands, unique natural features, and forest cover.
e. Proposed lot lines.
f. The location, ground coverage, floor area size and maximum heights of all existing and proposed buildings and structures, types of dwelling units, and density per type.
g. The location and size of all land areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas.
h. The existing and proposed pedestrian and vehicular circulation systems, including offstreet parking areas, service areas, loading areas, and points of access to public rights-of-way.
i. Existing and proposed utility systems.
j. General landscaping and grading plans.
k. The proposed treatment of the perimeter of the PUD, including materials and techniques used for buffers.
l. Any additional information required by the Planning Commission, as specified in the pre-application conference, to enable it to evaluate the character and impact of the proposed PUD.
4. Final Development Plan Application and Review Following approval of the preliminary development plan, the applicant shall submit a completed application for final approval to the Planning Commission at least fifteen days prior to a regular meeting. The application shall include all fees and specific information on all changes in, or modifications of, the approved preliminary application.
5. Approval
a. The official submission date of the application shall be the next regular meeting of the Planning Commission provided the application is deemed complete by the Planning Commission at that meeting. Incomplete applications will be returned to the applicant.
b. Within 30 days of the official submission date of a complete final development plan application, the Planning Commission shall hold the first of one or more public hearings after public notice.
c. Within 45 days after the final public hearing the Planning Commission shall approve, modify and approve, or disapprove the PUD and shall specify any conditions to which the approval is subject, or reasons for disapproval. The applicant shall be notified by certified mail.
d. Within 90 days of the Planning Commission’s approval, the PUD plan, shall be filed or recorded by the developer in the office of the Town Clerk.
6. Specific Standards and Criteria
a. Coverage Total ground area covered by buildings, structures and other impervious surfaces shall not exceed 40% of the total ground area within a PUD. An impervious surface is made of any material that reduces or prevents absorption of storm water into previously undeveloped land. Impervious surfaces include graveled or paved streets, roads, parking areas or driveways, as well as buildings and other man-made structures.
b. Density Total allowable dwelling units or non-residential uses shall equal the number which could be permitted, in the Planning Commission’s judgment, if the land were subdivided into lots in conformance with these zoning regulations for the district in which such land is situated. Land areas within public and private road rights-of-way and utility easements shall not be included in the calculation of density.
c. Reductions in Density The Planning Commission may make reductions in the density allowed if, in their judgment, steepness of slope, shallow depth to bedrock, wet areas or other physical features limit the site’s ability to support development. In exercising such judgment, the Planning Commission will be guided by the soils maps and analyses contained within the USDA Soil Survey of Windham County, Vermont. Land with a slope of 25% or more shall not be included in the calculation of density.
d. Useable Open Space Useable open space, defined as land and area devoted to plantings (natural and landscaped), patios, walkways and recreational areas, and any land so determined by the Planning Commission is required and shall not be less than 40% of the total ground area of the property in a PUD. Useable open space shall be accessible and available for the individual and collective use and benefit of the occupants of the development and shall be of a nature described in Section 422d. In calculating useable open space, the Planning Commission may determine that all or part of stream areas, bodies of water, wetlands, drainage easements, or slopes in excess of 25% may be included by considering: the extent of these areas in relation to the total area of the PUD and the degree to which these areas contribute to the quality, livability and amenity of the PUD.
e. Common Space All common open space development rights must be conveyed either to the Town (with the Town’s approval) or a funded trust, to the covenants or deeds of the individual property owners, or to a homeowners association. The terms of the conveyance must include provisions which guarantee: 1)the continued use of the land for the intended purposes, 2) the continuance of proper maintenance of the open space, and 3) the availability of funds for proper open space maintenance.
f. Privacy and Access Dwelling units shall be assured reasonable visual and aural privacy and shall have access to a public street, walkway or other area dedicated to common use.
g. Parking Parking shall be provided as required under Section 413 of this Regulation. Screening of parking and service areas is required by use of landscaping, walls or fences. Traffic circulation and flow shall be designed to minimize both large-scale parking areas and through-traffic to other parking areas. Lighting in parking areas shall not reflect further than in the area itself.
h. Phased Development. The PUD shall be proposed in phases over a reasonable period of time in order that adequate municipal facilities and services can be provided. Each phase of the proposed development must contain the required parking spaces, landscaping, roads, and utility areas necessary for creating and sustaining a desirable and stable environment. The Planning Commission shall require the developer to secure a performance bond, letter of credit, or equivalent surety, for each phase, in an amount sufficient to secure the full completion of improvements. Improvements and amenities must be installed and completed for each phase prior to the issuance of a Zoning Permit for the commencement of construction of a subsequent phase, unless otherwise waived by the Planning Commission in writing.
i. Setbacks The zoning district requirements for lot size, yard setback and frontage are waived for the PUD. However, structures located on the perimeter of the development must be set back at least to the requirement of the underlying district and must be screened in a manner approved by the Planning Commission.
j. Protection of Agricultural Land Where a PUD involves agricultural land, the development should make provisions for the use of such land for agricultural purposes and/or for maintaining its open, scenic quality. Examples of such provisions include minimizing the land that is developed by impervious surfaces, placing the land in common/usable open space to facilitate leaseback for farming, and annual mowing of meadowland.
k. Protection of Important Natural Resources All buildings, roads, parking areas, drainage systems and utilities shall be laid out to minimize, to the fullest extent possible, their impact on the scenic qualities of riverine areas, and on important natural resources including wetlands, tributary watercourses, and critical wildlife habitat and corridors.
Section 509 Cluster Housing
Cluster housing is allowed as an innovative land saving technique that protects agriculture, forest, and mineral resource lands from development. Any cluster housing development will be approved at no higher density than that which could be permitted if the land consisted of separate lots conforming with regulations in the district, giving due consideration to conditions limiting development such as shallow soil, wetness and steep slope. No subsequent development of the remaining land in such a development will be allowed. A specific conditional use permit is required. The application standards and specific use standards detailed in Section 508 apply.
Section 510 Campgrounds
No person or persons shall construct or operate a campground for tents, travel trailers or recreational vehicles without first obtaining a zoning permit from the Zoning Administrator following Conditional Use review and approval from the ZBA.
1. Specific Standards
a. The minimum parcel size necessary to receive approval for a campground is five acres.
b. An individual access driveway and parking area, suitably surfaced, shall be provided for each campsite.
c. Each site shall be at least 2,500 square feet in area. Each travel trailer and recreational vehicle site shall have a compacted gravel surface at least twenty-five (25) feet in width.
d. Each site shall be located in a clean, dry and well-drained area.
e. There shall be an undeveloped area of not less than 100 feet in depth between all camping sites and the traveled portion of any adjacent highway and other boundaries of the campground. These areas shall be landscaped with existing or planted trees or other plant material.
f. Potable water and wastewater disposal systems are required and must be designed and installed in accordance with applicable municipal and state regulations, including the Vermont Environmental Protection Rules as most recently amended for campgrounds.
g. All roads within the campground shall be of sufficient grade and alignment so as to permit safe traffic flow at all times. The design of roads shall be adequate to provide for the utilization of police, fire, ambulance, and other emergency vehicles. Proper traffic control signs shall be established.
h. All campgrounds shall keep at least 25% of the total ground area for recreation or open space purposes.
2. Exceptions The following provisions apply to single travel trailers, recreational vehicles, and other mobile camping vehicles and are not subject to the above requirements for campgrounds; they must, however, meet the special requirements outlined below.
a. The owner of a travel trailer, recreational vehicle, or other mobile camping vehicle may park it on his own property in the rear or side yards and no closer than six feet to any lot line. A travel trailer or recreational vehicle so parked shall not be used as living quarters and shall not be hooked up to any utilities. No zoning permit is required for this use.
b. A property owner may park his own or another person’s travel trailer, recreational vehicle, or other mobile camping vehicle on his property, and these may be used as temporary, seasonal living quarters by nonpaying occupants or guests. Any travel trailer, recreational vehicle or other mobile camping vehicle so occupied shall: 1) meet all district setback requirements with respect to adjacent property boundaries, 2) adequately and safely control all wastes; and 3) secure a zoning permit if it remains on the lot for more than 30 days in a given year.
c. Travel trailers, recreational vehicles, and other mobile camping vehicles shall not be used for permanent housing.
The following uses have specific standards they must meet in order to be considered as a permitted or a conditionally permitted use in a designated district. If there is a conflict between a standard in this section and a standard in another section of this Regulation, the more restrictive standard shall apply.
Section 500 Automotive Service Station
In all districts where permitted, automobile service stations, with or without repair garages, shall comply with the following:
1. Pumps, lubricating and outdoor service devices shall be located at least fifty (50) feet from the front, side and rear lot lines.
2. All stored fuel and oil, including underground tanks, shall meet state fire codes.
3. All automobile parts and dismantled vehicles shall be stored within an enclosed building.
4. Landscaping requirements as set forth in Section 407 of this Regulation shall be met.
5. There shall be no more than two access driveways from the street; access driveways shall be clearly defined.
Section 501 Earth/Mineral Extraction
Where permitted by this Regulation, the extraction and processing of soil, sand, stone or gravel, except when incidental to construction of a building on the same premises, shall be permitted only after the Board of Adjustment finds, following Conditional Use Review, that the proposed activity meets the standards below in addition to any other applicable standards contained in this Regulation. The applicant for a Conditional Use Permit for earth/mineral extraction shall submit two copies of a proposed Site Restoration Plan along with all other required documents. In all districts where permitted, earth/mineral extraction operations shall comply with the following:
1.The operation shall conform to all General Performance Standards.
2. The operation will not cause an unreasonable burden on an existing water supply if one is to be used, nor have an adverse impact on the quality or quantity of neighboring water supplies.
3. The operation will not cause unreasonable soil erosion; it will not result in a reduction in the capacity of the land to hold water during and after the operation which creates a dangerous or unhealthy situation for adjoining property owners or downstream areas due to stream bank erosion, surface water runoff, or flooding.
4. It will not adversely impact any wetland area or stream bank, nor cause the sedimentation of streams.
5. It will not cause unreasonable highway congestion, unsafe conditions or excessive use with respect to highways and bridges existing or proposed in the area.
6. It will not have an undue adverse effect on the scenic or natural beauty of the area, other aesthetic values, historic sites, or rare and irreplaceable natural resources or areas.
7. It will not result in an embankment with a slope steeper than one foot vertical to two feet horizontal upon completion of an area of work.
8. It will provide, in the form of a Site Restoration Plan, for restoration of the area operation and site restoration process.
9. A performance bond, letter of credit, or equivalent surety shall be secured from the applicant sufficient to ensure that, upon completion of the extraction operations, the site will be left in a safe, attractive and useful condition in the interest of public safety and general welfare, and in conformance with the Site Restoration Plan.
10. It will not undermine any adjacent road.
11. Adequate vegetative buffers or other screening shall be maintained at all times between the operation (including excavation, blasting, crushing and traffic access and circulation) and all roads and adjacent properties. The purpose of these buffer areas is to protect adjacent properties from excessive noise, dust, fumes and other adverse impacts.
12. Additional conditions may be imposed as deemed necessary. These conditions may include limitations on hours of operation and the number of truck trips, as well as required covering for loads leaving the site.
Section 502 Home Occupations and Home Industry
1. Home Occupations As per section 4412 of the Act, no regulation may infringe on the right of any resident to use a minor portion of a dwelling for an occupation that is customary in residential areas and does not have an adverse effect on the character of the area. No zoning permit is required for a home occupation, as defined below. There is no limit to the number of home occupations allowed per dwelling unit, as long as the total of all home occupations meet these requirements:
a. The home occupation shall be carried on by a member or members of the family residing within the dwelling.
b. The home occupation shall be carried on within a minor portion of the dwelling.
c. Only those exterior displays of signs permitted in the district are allowed.
d. Exterior storage of material is not permitted.
e. No traffic shall be generated in substantially greater volume than would normally be expected in the neighborhood.
f. Processed products or agricultural products not grown or processed on the premises may not be sold directly to the public. This limitation on sales does not apply to mail order.
2. Home Industry A home industry which is customarily conducted entirely within a dwelling or accessory structure, and carried on by the occupants thereof, and which is clearly incidental and secondary to the use of the property for residential purposes and does not change the character of the neighborhood is a permitted use in all districts. In addition, a use which is customarily conducted outside of a dwelling or accessory structure, such as a cord wood operation, shall also be permitted as a home industry, so long as it is clearly incidental and secondary to the residential use of the property and does not change the character of the neighborhood. A home industry requires a zoning permit with a detailed plot plan to be reviewed by the Zoning Administrator. If the Zoning Administrator deems it advisable or necessary, the application will be forwarded to the Zoning Board of Adjustment for conditional use review and approval as detailed in Section 203(3). A home industry shall comply with the following:
a. The home industry shall be carried on by members of the family who reside within the dwelling; two employees who are not family members living within the dwelling are permitted.
b. The home industry shall be carried on within a minor portion (less than 50%) of the dwelling or within an accessory building such as a garage or barn.
c. No traffic shall be generated in substantially greater volumes than would normally be expected in the neighborhood.
e. A home industry shall conform to all General Performance Standards in Section 404.
g. Off street parking shall be provided as required in Section 413.
h Processed products or agricultural products not grown or processed on the premises may not be sold directly to the general public. This limitation does not apply to a mail order home industry.
i. A permit for a home industry shall be personal to the occupant at that location only and shall not attach to the land.
Section 503 Light Industry
A light industry is hereby defined as a non-polluting operation that fabricates, processes, assembles, stores or otherwise produces small, light, high-value goods. Finished or semi-finished goods may be stored outdoors temporarily. A light industry may not occupy more than 6,000 square feet of area, including interior floor area and exterior storage. In all districts where permitted, light industry uses shall comply with the following:
1. It will emit no air, water or noise pollution as specified in Section 321 of this Regulation.
2. Vehicular delivery and shipment activity to and from light industry uses shall not cause unreasonable highway congestion or unsafe conditions for vehicular or pedestrian traffic on any public or private road. The total number of deliveries or shipments per day shall be limited to a level which ensures such safety and is appropriate to the existing conditions of and level of traffic on the road(s) on which the proposed light industrial use is located. At least one adequate off street loading area shall be provided.
3. The total number of employees permitted on the largest shift shall be limited to a level which ensures the safe movement of vehicular and pedestrian traffic on public and private roads and which is appropriate to the existing traffic conditions of the road(s) on which the proposed light industrial use is located.
4. The landscaping requirements of Section 407 shall be met.
Section 504 Child Care Homes and Residential and Group Homes
The following uses are permitted uses of a single-family residence under Section 4412 of the Act. These uses require a zoning permit.
1. Child Care Home A state registered or licensed family child care home serving 6 or fewer children full-time and 4 or fewer children part-time as defined in Title 33 subdivision 4902 (3)(a) of the Vermont Statutes, conducted within a single family dwelling shall be considered by right a permitted single family residential use of the property. A zoning permit shall not be issued until the applicant submits proof that the facility is properly registered by the Vermont Department of Social and Rehabilitative Services. A child care home serving more than six full time and four part-time children is a conditional use requiring a site plan approval and review by the ZBA.
2. Residential and Group Homes A state licensed or registered residential care home or group home, serving not more than 8 persons who are developmentally disabled or physically handicapped, shall be considered by right to constitute a permitted single family residential use of property, except that no such home shall be considered if it is located within 1,000 feet of another. A zoning permit shall not be issued until the applicant submits proof that the facility is properly registered by the appropriate state agency. Such homes serving more than 8 persons are a conditional use requiring site plan approval and review by the ZBA.
Section 505 Ponds, Impoundments and Dams
The construction of a pond or other impoundments, and the damming of a stream constitutes development and therefore requires a Zoning Permit.
No Zoning Permit shall be issued by the Zoning Administrator until the applicant submits the following information:
1. Proof that all applicable State permits or approvals have been secured. Depending upon the size and nature of the impoundment, approvals may be required from various departments and authorities within the Agency of Environmental Conservation.
2. Certification from the applicant that the pond or impoundment will not have undue adverse impacts on upstream or downstream properties.
Section 506 Storage of Flammable Liquids
Storage of flammable liquids including, but not limited to, petroleum and toxic, corrosive or other chemical substances, and flammable or combustible liquids or gasses (other than bulk storage for commercial distribution) is permitted in any district, but will require a zoning permit if the storage capacity is over one thousand (1000) gallons in order to ensure that setback requirements are met.
No Zoning Permit shall be issued by the Zoning Administrator for the installation of an above ground or an underground storage tank until the applicant submits proof that all applicable state permits and approvals have been secured. Permits may include, but may not be limited to, those required by:
1. The Vermont Department of Environmental Conservation, Underground Storage Tank Program.
2. The Department of Labor and Industry.
Section 507 Bulk Storage of Fuel
Bulk storage of fuel in above-ground containers for subsequent resale to distributors, retail dealers or outlets is permitted in the Rural Residential District only after the Zoning Board of Adjustment finds, following Conditional Use Review, that the proposed activity meets the standards below in addition to any other applicable standards contained in this Regulation. Bulk fuel storage does not include the storage of cord wood.
1. A commercial fuel storage facility shall be located on an adequate road.
2. The design and operation of the commercial distribution facility shall comply with all requirements established by the 1989 Building and Fire Code of the State of Vermont, and subsequent amendments thereto, administered by the Vermont Department of Labor and Industry.
3. A permanent vegetated buffer at least seventy-five (75) feet in width shall be maintained along all side and rear property boundaries. Neither the facility nor its accessory uses, including parking and access areas, shall be located within this buffer area.
4. A suitably curbed landscaped area shall be maintained at least twenty-five (25) feet in depth along all road frontage not used as a driveway.
5. The facility shall be designed and operated in a manner which does not cause unreasonable congestion or unsafe conditions with respect to the use of state and local highways. Safety issues to be addressed shall include, but shall not be limited to: the design of points of access, adequacy of sight distances and approach grades in each direction from the site along highways, legal speed limits, proximity of the site to other public uses within the area (churches, schools, libraries, etc.), number of shipments and deliveries to and from the site, adequacy of circulation and turning, etc.
Section 508 Planned Unit Development (PUD)
In accordance with Section 4417 of the Act, and within specified districts, zoning regulations may be modified by the Planning Commission to allow Planned Unit Developments (PUD). Planned Unit Developments are defined as any combination of housing or housing and commercial development that is either a permitted or conditional use in the district where the project is located. Planned Unit Developments are provided in order to encourage the preservation of open space; preserve the natural and scenic aspects of an area, protect land for agricultural, forestry and natural resource use, allow more efficient use of public facilities; promote an improved level of amenities, creative design, and a more attractive environment; and provide greater opportunities for varied, attractive and affordable housing.
1. General Application and Review Procedures
a. The initial notification of a PUD is submitted to the Zoning Administrator who notifies the Planning Commission. A notification and subsequent application may be filed in the names of the recorded owner or owners of property included in the development or a person or persons presenting evidence of an equitable or substantial contractual interest in the property, such as a lease or a binding agreement to purchase upon approval of development plans.
2. Preapplication Conference
a. One or more preapplication conferences shall be held with the applicant, Planning Commission and interested municipal officials to exchange information and reach an understanding of the nature and scope of the proposal, municipal requirements, and quantitative data necessary for a preliminary application.
b. The applicant shall submit to the Planning Commission sketch plans and basic site information including proposed land uses, adjacent land uses, proposed density, and the treatment of open space.
c. The Planning Commission shall furnish the applicant with written comments and appropriate recommendations with respect to the pre-application conference.
3. Preliminary Development Plan Application & Review Applications shall be submitted to the Planning Commission in the form prescribed by the commission. In addition to the application fee, the Planning Commission may charge for costs associated with the hiring of an engineer, attorney, planner, or other professionals, to advise the Planning Commission in technical or legal matters associated with a development proposal. The PUD application shall include:
a. A narrative statement by the applicant describing the character of the development and the reasons for the particular approach proposed.
b. A development schedule indicating the approximate date when construction or phased development can be expected to begin and be completed.
c. Quantitative data indicating the total number and type of dwelling units and non-residential uses, parcel size, proposed lot coverage of buildings and structures, approximate residential and non-residential densities, and amount of usable open space.
d. Maps of existing site conditions, including contours at five (5) foot intervals, water courses, flood plains, agricultural lands, wetlands, unique natural features, and forest cover.
e. Proposed lot lines.
f. The location, ground coverage, floor area size and maximum heights of all existing and proposed buildings and structures, types of dwelling units, and density per type.
g. The location and size of all land areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas.
h. The existing and proposed pedestrian and vehicular circulation systems, including offstreet parking areas, service areas, loading areas, and points of access to public rights-of-way.
i. Existing and proposed utility systems.
j. General landscaping and grading plans.
k. The proposed treatment of the perimeter of the PUD, including materials and techniques used for buffers.
l. Any additional information required by the Planning Commission, as specified in the pre-application conference, to enable it to evaluate the character and impact of the proposed PUD.
4. Final Development Plan Application and Review Following approval of the preliminary development plan, the applicant shall submit a completed application for final approval to the Planning Commission at least fifteen days prior to a regular meeting. The application shall include all fees and specific information on all changes in, or modifications of, the approved preliminary application.
5. Approval
a. The official submission date of the application shall be the next regular meeting of the Planning Commission provided the application is deemed complete by the Planning Commission at that meeting. Incomplete applications will be returned to the applicant.
b. Within 30 days of the official submission date of a complete final development plan application, the Planning Commission shall hold the first of one or more public hearings after public notice.
c. Within 45 days after the final public hearing the Planning Commission shall approve, modify and approve, or disapprove the PUD and shall specify any conditions to which the approval is subject, or reasons for disapproval. The applicant shall be notified by certified mail.
d. Within 90 days of the Planning Commission’s approval, the PUD plan, shall be filed or recorded by the developer in the office of the Town Clerk.
6. Specific Standards and Criteria
a. Coverage Total ground area covered by buildings, structures and other impervious surfaces shall not exceed 40% of the total ground area within a PUD. An impervious surface is made of any material that reduces or prevents absorption of storm water into previously undeveloped land. Impervious surfaces include graveled or paved streets, roads, parking areas or driveways, as well as buildings and other man-made structures.
b. Density Total allowable dwelling units or non-residential uses shall equal the number which could be permitted, in the Planning Commission’s judgment, if the land were subdivided into lots in conformance with these zoning regulations for the district in which such land is situated. Land areas within public and private road rights-of-way and utility easements shall not be included in the calculation of density.
c. Reductions in Density The Planning Commission may make reductions in the density allowed if, in their judgment, steepness of slope, shallow depth to bedrock, wet areas or other physical features limit the site’s ability to support development. In exercising such judgment, the Planning Commission will be guided by the soils maps and analyses contained within the USDA Soil Survey of Windham County, Vermont. Land with a slope of 25% or more shall not be included in the calculation of density.
d. Useable Open Space Useable open space, defined as land and area devoted to plantings (natural and landscaped), patios, walkways and recreational areas, and any land so determined by the Planning Commission is required and shall not be less than 40% of the total ground area of the property in a PUD. Useable open space shall be accessible and available for the individual and collective use and benefit of the occupants of the development and shall be of a nature described in Section 422d. In calculating useable open space, the Planning Commission may determine that all or part of stream areas, bodies of water, wetlands, drainage easements, or slopes in excess of 25% may be included by considering: the extent of these areas in relation to the total area of the PUD and the degree to which these areas contribute to the quality, livability and amenity of the PUD.
e. Common Space All common open space development rights must be conveyed either to the Town (with the Town’s approval) or a funded trust, to the covenants or deeds of the individual property owners, or to a homeowners association. The terms of the conveyance must include provisions which guarantee: 1)the continued use of the land for the intended purposes, 2) the continuance of proper maintenance of the open space, and 3) the availability of funds for proper open space maintenance.
f. Privacy and Access Dwelling units shall be assured reasonable visual and aural privacy and shall have access to a public street, walkway or other area dedicated to common use.
g. Parking Parking shall be provided as required under Section 413 of this Regulation. Screening of parking and service areas is required by use of landscaping, walls or fences. Traffic circulation and flow shall be designed to minimize both large-scale parking areas and through-traffic to other parking areas. Lighting in parking areas shall not reflect further than in the area itself.
h. Phased Development. The PUD shall be proposed in phases over a reasonable period of time in order that adequate municipal facilities and services can be provided. Each phase of the proposed development must contain the required parking spaces, landscaping, roads, and utility areas necessary for creating and sustaining a desirable and stable environment. The Planning Commission shall require the developer to secure a performance bond, letter of credit, or equivalent surety, for each phase, in an amount sufficient to secure the full completion of improvements. Improvements and amenities must be installed and completed for each phase prior to the issuance of a Zoning Permit for the commencement of construction of a subsequent phase, unless otherwise waived by the Planning Commission in writing.
i. Setbacks The zoning district requirements for lot size, yard setback and frontage are waived for the PUD. However, structures located on the perimeter of the development must be set back at least to the requirement of the underlying district and must be screened in a manner approved by the Planning Commission.
j. Protection of Agricultural Land Where a PUD involves agricultural land, the development should make provisions for the use of such land for agricultural purposes and/or for maintaining its open, scenic quality. Examples of such provisions include minimizing the land that is developed by impervious surfaces, placing the land in common/usable open space to facilitate leaseback for farming, and annual mowing of meadowland.
k. Protection of Important Natural Resources All buildings, roads, parking areas, drainage systems and utilities shall be laid out to minimize, to the fullest extent possible, their impact on the scenic qualities of riverine areas, and on important natural resources including wetlands, tributary watercourses, and critical wildlife habitat and corridors.
Section 509 Cluster Housing
Cluster housing is allowed as an innovative land saving technique that protects agriculture, forest, and mineral resource lands from development. Any cluster housing development will be approved at no higher density than that which could be permitted if the land consisted of separate lots conforming with regulations in the district, giving due consideration to conditions limiting development such as shallow soil, wetness and steep slope. No subsequent development of the remaining land in such a development will be allowed. A specific conditional use permit is required. The application standards and specific use standards detailed in Section 508 apply.
Section 510 Campgrounds
No person or persons shall construct or operate a campground for tents, travel trailers or recreational vehicles without first obtaining a zoning permit from the Zoning Administrator following Conditional Use review and approval from the ZBA.
1. Specific Standards
a. The minimum parcel size necessary to receive approval for a campground is five acres.
b. An individual access driveway and parking area, suitably surfaced, shall be provided for each campsite.
c. Each site shall be at least 2,500 square feet in area. Each travel trailer and recreational vehicle site shall have a compacted gravel surface at least twenty-five (25) feet in width.
d. Each site shall be located in a clean, dry and well-drained area.
e. There shall be an undeveloped area of not less than 100 feet in depth between all camping sites and the traveled portion of any adjacent highway and other boundaries of the campground. These areas shall be landscaped with existing or planted trees or other plant material.
f. Potable water and wastewater disposal systems are required and must be designed and installed in accordance with applicable municipal and state regulations, including the Vermont Environmental Protection Rules as most recently amended for campgrounds.
g. All roads within the campground shall be of sufficient grade and alignment so as to permit safe traffic flow at all times. The design of roads shall be adequate to provide for the utilization of police, fire, ambulance, and other emergency vehicles. Proper traffic control signs shall be established.
h. All campgrounds shall keep at least 25% of the total ground area for recreation or open space purposes.
2. Exceptions The following provisions apply to single travel trailers, recreational vehicles, and other mobile camping vehicles and are not subject to the above requirements for campgrounds; they must, however, meet the special requirements outlined below.
a. The owner of a travel trailer, recreational vehicle, or other mobile camping vehicle may park it on his own property in the rear or side yards and no closer than six feet to any lot line. A travel trailer or recreational vehicle so parked shall not be used as living quarters and shall not be hooked up to any utilities. No zoning permit is required for this use.
b. A property owner may park his own or another person’s travel trailer, recreational vehicle, or other mobile camping vehicle on his property, and these may be used as temporary, seasonal living quarters by nonpaying occupants or guests. Any travel trailer, recreational vehicle or other mobile camping vehicle so occupied shall: 1) meet all district setback requirements with respect to adjacent property boundaries, 2) adequately and safely control all wastes; and 3) secure a zoning permit if it remains on the lot for more than 30 days in a given year.
c. Travel trailers, recreational vehicles, and other mobile camping vehicles shall not be used for permanent housing.
