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Article 7 Definitions
Except where specifically defined herein, all words used in this Regulation shall carry their customary meanings. Words used in the present tense shall include the future; the singular includes the plural; the word “lot” includes “plot”; the word “building” includes “structure”; the word “shall” is mandatory; “occupied” or “used” shall be considered as though followed by “or intended, arranged or designed to be used or occupied”; “person” includes individual, partnership, association, cooperative, corporation, company, organization or any governmental body.
Accessory Use or Structure A use or structure customarily incidental and subordinate to the principle use or building and located on the same lot, and clearly related to the principle use or structure.
Agricultural Use The use of land for raising livestock, agricultural, or forest product, including farm structures and the storage of agricultural products raised on the property. Agricultural uses include, but are not limited to, production of crops, vegetables and eggs; raising of cattle, sheep, fowl and similar animals; dairying; orchards; and maple syrup products.
Alteration Structural changes, rearrangement, change of location, or addition to a building.
Automotive Service Station Land or structures used for the sale of petroleum products, motor fuel, oil or other fuel for the propulsion of motor vehicles, which may include facilities for lubrication, washing or servicing motor vehicles. A service station is not a sales or repair agency for any type of motor vehicle.
Bed and Breakfast The renting out of not more than ten (10) rooms in a residential dwelling to transient guests on a day-to-day basis, whereby breakfast is served to those guests. Bed and breakfast facilities shall be operated under a license issued by the Department of Labor and Industry or the Department of Health. Cooking facilities shall not be provided in individual guest rooms.
Boarding House (Rooming House): A dwelling in which lodging is provided by the owner or operator to more than three (3) unrelated people for profit. Boarding houses are distinguished from Motels/Hotels by the sharing of bathrooms, living rooms and/or kitchens.
Building A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or chattel.
Building Height The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and of the average height between eaves and ridge for other types of roofs.
Camp or Campground Land on which is located a cabin, travel trailer, recreational vehicle, shelter, houseboat or other recreation accommodation for, recreational, seasonal or temporary living, excluding mobile homes. Camp- a single structure as defined above that must meet all standards for residential development in the district. Campground -- any development of more than one camp structure on a single lot, parcel or water area. Includes tent camping facility.
Commercial Animals Animals housed and boarded for a fee, or rented out or sold for profit (e.g., riding and boarding stables). This definition excludes the raising and selling of small animals, such as tropical fish, hamsters, etc., for hobby or home occupation purposes.
Conditional Use A use permitted in a particular zoning district only upon a finding by the Zoning Board of Adjustment that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this Regulation.
Coverage That portion of a lot that is covered by buildings, structures and man-made improvements on the ground surface, such as paving, that prevent the absorption of storm water.
Development 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 the construction of ponds or other impoundments, and any change in use or extension of the use of land or structures. The following are not included in the definition of development: a) the removal of interior walls of a structure; b) the installation or replacement of windows or doors; and 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; c) constructing one building or structure per parcel 100 square feet in area or less; and d) landscaping or excavation or filling incidental and accessory to a lawful use of the land. Activities a through d above must comply with all setback and other provisions of these regulations.
Dwelling Unit A building or portion thereof connected together containing cooking, sanitary and sleeping facilities that constitute a separate, independent housekeeping establishment. It shall include prefabricated modular units and mobile homes but shall not include a motel, hotel, boarding house, tourist home, shelter or similar structure.
Family One or more persons occupying a single dwelling unit and living as a single household unit.
Forestry The developing, caring for or cultivating of forests, or the management and harvesting of timber.
Frontage Distance along the established division line between a lot and a public right of way. The provisions of Section 401 of this Regulation apply for development purposes.
Garage, Repair Any building, premises and/or land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
Garden/Farm Supply or Nursery A retail business or commercial activity concerned with the sale of tools, small equipment, plants and related goods used in gardening or farming. Related goods are defined as only those used on the plant or in its soil to preserve the life and health of the plants sold (e.g., fungicides, peat moss and mulches).
Health Care Facility A facility or institution, whether private or public, principally engaged in providing services for health maintenance and for the diagnosis and treatment of human ailments, that has equipment and facilities for extensive testing and provisions for extended periods of 24-hour care by full-time certified medical staff.
Interested Person For the purpose of appeals regarding decisions of the Zoning Administrator, as defined in 24 VSA § 4465(b), an interested person is: 1) a person owning title to a property or a municipality or solid waste management district affected by a bylaw who alleges that the bylaw imposes unreasonable or inappropriate restrictions on present or potential uses in the particular circumstances of the case, 2) the municipality that has a plan or bylaw at issue in an appeal or any adjoining municipality, 3) a person owning or occupying property in the immediate neighborhood of a property subject to any decision under this chapter who can demonstrate a physical or environmental impact on their interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or bylaw of the municipality, 4) any ten combination of property owners or voters within the municipality who, by signed petition allege that any relief granted under appeal will not be in accord with the policies, purposes or terms of the plan or bylaw of the municipality. The petition must designate one person to serve as the representative of the petitioners in all matters related to the appeal, 5) the Vermont agency of commerce and community development or any department and administrative subdivision of the state of Vermont owning property or any interest in property in the municipality.
Inn A residential dwelling in design and previous use, now used for commercial purposes wherein the patronage is of a transitory nature, the guests being entertained from day to day. Such use must include food service for guests within the structure and may include a restaurant with or without a lounge.
Kennel An establishment in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for profit on a regular basis. No kennel, runway, or exercise pen shall be located within 300 feet of any lot line.
Lot A parcel of land, with or without structures, that conforms to all the requirements of the zoning district in which it is situated. Such lot shall have frontage on an improved public street, or other means of approved access. In no case shall the division or combination of land result in the creation of a parcel which does not meet the requirements of this Regulation.
Mini-Storage A one-story structure containing separate storage spaces of varying sizes leased or rented on an individual basis for the enclosed storage of such items including, but not limited to, inactive business records, household goods, recreation vehicles, and antique cars, and excluding the storage of hazardous, toxic, explosive or otherwise dangerous materials. Spaces shall not be used for any retail, assembly, or manufacturing uses, or as a music rehearsal hall.
Motel/Hotel A building containing rooms which are rented as a series of sleeping units for transients, each sleeping unit consisting of at least a bedroom and a bathroom, wherein the patronage is of a transitory nature, the guests being entertained from day to day as opposed to having an express contract at a certain rate for a certain length of time, such as a boarding house.
Nonconforming Use or Structure Use or a structure which does not currently conform to all applicable zoning regulations, but did comply with all applicable laws, ordinances or regulations prior to enactment of this regulation.
Nonconforming Lot A lot, the area, dimensions or location of which was lawful under prior zoning regulations, but which fails to conform to the present requirements of the zoning district.
Office A room or group of rooms used for conducting the affairs of a single business, profession, service, industry, charitable organization, studio or governmental agency.
Personal Service Includes a barbershop, hairdresser, beauty parlor, shoe repair store, laundry, laundromat, dry cleaner, travel agency, upholsterer, caterer, funeral services or other business providing similar services of a personal nature.
Public Utility Facility Structures used by regulated utilities in the generation, distribution or collection of their products, including but not limited to electrical generating and transforming substations; satellite dish or antenna receivers and senders; water pumping facilities; gas tanks; and similar mechanisms. Poles, cables, pipes, mains and exchange boxes occupying no more than fifteen (15) square feet are not included.
Recreation Indoor Includes an indoor bowling alley, theater, table tennis facility, pool hall, skating rink, gymnasium, swimming pool or similar place of indoor recreation.
Recreation Outdoor Includes a trap, skeet, shooting range and/or archery range, golf course, swimming pool, amusement park, outdoor concert area, tennis court, skiing facility, campground or similar place of outdoor recreation. Limited Outdoor Recreation includes such facilities as trap, skeet, shooting range and/or archery range, and cross-country skiing centers, hiking, picnicking, campgrounds and other similar, low-intensity recreational uses.
Resource Industry An activity involved in the primary processing of agricultural or forestry products, including saw mills, but excluding those activities identified in the definition of Agricultural Use. Includes earth and mineral extraction.
Restaurant (With or without Lounge): A structure for public eating in which the primary business is the preparation and serving of food for consumption on the premises.
Retail Use A personal service shop, department store or shop or store for the retail sale of goods, excluding any freestanding retail stand.
Road Line The dividing line between a lot and a road, as determined by deed, record or survey. Where the width of the road is not clearly established, the road line shall be considered 25 feet from the center line of the traveled portion of the road.
Sign: Any structure, device or representation used to advertise or attract attention to any object, person, institution, organization, business, product, service, event or location by any means.
Sign Area Includes the advertising surface and any framing, trim or molding, but not the supporting structure. For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a different color than the finish material of the building. When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two feet from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.
Structure Anything constructed or erected for occupancy or use, including but not limited to a building, mobile home, trailer, satellite dish antennae, inground swimming pool, or sign. Structure does not include retaining walls, fences, poles or lamp posts.
Substantial Improvement Repair, reconstruction or improvement, the cost of which equals or exceed fifty percent (50%) of the market value of the structure or item either (a) before the change or repair is started, or (b) if damage has occurred and is being restored, before the damage occurred. Substantial improvement covers substantial change.
Trailer A vehicle capable of being used as a seasonal sleeping or living quarters, not exceeding three hundred (300) square feet in floor area, whether self-propelled or towed, or a camper body mounted on a motor vehicle. Trailer shall also include any vehicle that may be towed or used for carrying goods, equipment, machinery or recreation vehicles, or as a site office.
Water Body Any natural or artificial collection of water, including ponds, lakes, reservoirs, etc., but excluding swimming pools.
Water Course Any natural or artificial stream, river, or waterway in which water flows continuously in a definite direction or course, and has a definite channel, bed and banks.
Wildlife Refuge An area set aside for the conservation of plants, animals and general environment within it. These are noncommercial areas usually without any structures on them. A single parking area and walking trails are characteristic of a wildlife refuge.
Yard Space on a lot not occupied with a building or structure. Porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required yard.
Yard, Front A space extending across the full width of the lot between any buildings and the road or front line, and measured perpendicular to the building at the closest point to the street or front line.
Yard, Rear A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
Yard, Side A space extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular to the building to the closest point to the side lot line.
Except where specifically defined herein, all words used in this Regulation shall carry their customary meanings. Words used in the present tense shall include the future; the singular includes the plural; the word “lot” includes “plot”; the word “building” includes “structure”; the word “shall” is mandatory; “occupied” or “used” shall be considered as though followed by “or intended, arranged or designed to be used or occupied”; “person” includes individual, partnership, association, cooperative, corporation, company, organization or any governmental body.
Accessory Use or Structure A use or structure customarily incidental and subordinate to the principle use or building and located on the same lot, and clearly related to the principle use or structure.
Agricultural Use The use of land for raising livestock, agricultural, or forest product, including farm structures and the storage of agricultural products raised on the property. Agricultural uses include, but are not limited to, production of crops, vegetables and eggs; raising of cattle, sheep, fowl and similar animals; dairying; orchards; and maple syrup products.
Alteration Structural changes, rearrangement, change of location, or addition to a building.
Automotive Service Station Land or structures used for the sale of petroleum products, motor fuel, oil or other fuel for the propulsion of motor vehicles, which may include facilities for lubrication, washing or servicing motor vehicles. A service station is not a sales or repair agency for any type of motor vehicle.
Bed and Breakfast The renting out of not more than ten (10) rooms in a residential dwelling to transient guests on a day-to-day basis, whereby breakfast is served to those guests. Bed and breakfast facilities shall be operated under a license issued by the Department of Labor and Industry or the Department of Health. Cooking facilities shall not be provided in individual guest rooms.
Boarding House (Rooming House): A dwelling in which lodging is provided by the owner or operator to more than three (3) unrelated people for profit. Boarding houses are distinguished from Motels/Hotels by the sharing of bathrooms, living rooms and/or kitchens.
Building A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or chattel.
Building Height The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and of the average height between eaves and ridge for other types of roofs.
Camp or Campground Land on which is located a cabin, travel trailer, recreational vehicle, shelter, houseboat or other recreation accommodation for, recreational, seasonal or temporary living, excluding mobile homes. Camp- a single structure as defined above that must meet all standards for residential development in the district. Campground -- any development of more than one camp structure on a single lot, parcel or water area. Includes tent camping facility.
Commercial Animals Animals housed and boarded for a fee, or rented out or sold for profit (e.g., riding and boarding stables). This definition excludes the raising and selling of small animals, such as tropical fish, hamsters, etc., for hobby or home occupation purposes.
Conditional Use A use permitted in a particular zoning district only upon a finding by the Zoning Board of Adjustment that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this Regulation.
Coverage That portion of a lot that is covered by buildings, structures and man-made improvements on the ground surface, such as paving, that prevent the absorption of storm water.
Development 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 the construction of ponds or other impoundments, and any change in use or extension of the use of land or structures. The following are not included in the definition of development: a) the removal of interior walls of a structure; b) the installation or replacement of windows or doors; and 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; c) constructing one building or structure per parcel 100 square feet in area or less; and d) landscaping or excavation or filling incidental and accessory to a lawful use of the land. Activities a through d above must comply with all setback and other provisions of these regulations.
Dwelling Unit A building or portion thereof connected together containing cooking, sanitary and sleeping facilities that constitute a separate, independent housekeeping establishment. It shall include prefabricated modular units and mobile homes but shall not include a motel, hotel, boarding house, tourist home, shelter or similar structure.
Family One or more persons occupying a single dwelling unit and living as a single household unit.
Forestry The developing, caring for or cultivating of forests, or the management and harvesting of timber.
Frontage Distance along the established division line between a lot and a public right of way. The provisions of Section 401 of this Regulation apply for development purposes.
Garage, Repair Any building, premises and/or land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
Garden/Farm Supply or Nursery A retail business or commercial activity concerned with the sale of tools, small equipment, plants and related goods used in gardening or farming. Related goods are defined as only those used on the plant or in its soil to preserve the life and health of the plants sold (e.g., fungicides, peat moss and mulches).
Health Care Facility A facility or institution, whether private or public, principally engaged in providing services for health maintenance and for the diagnosis and treatment of human ailments, that has equipment and facilities for extensive testing and provisions for extended periods of 24-hour care by full-time certified medical staff.
Interested Person For the purpose of appeals regarding decisions of the Zoning Administrator, as defined in 24 VSA § 4465(b), an interested person is: 1) a person owning title to a property or a municipality or solid waste management district affected by a bylaw who alleges that the bylaw imposes unreasonable or inappropriate restrictions on present or potential uses in the particular circumstances of the case, 2) the municipality that has a plan or bylaw at issue in an appeal or any adjoining municipality, 3) a person owning or occupying property in the immediate neighborhood of a property subject to any decision under this chapter who can demonstrate a physical or environmental impact on their interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or bylaw of the municipality, 4) any ten combination of property owners or voters within the municipality who, by signed petition allege that any relief granted under appeal will not be in accord with the policies, purposes or terms of the plan or bylaw of the municipality. The petition must designate one person to serve as the representative of the petitioners in all matters related to the appeal, 5) the Vermont agency of commerce and community development or any department and administrative subdivision of the state of Vermont owning property or any interest in property in the municipality.
Inn A residential dwelling in design and previous use, now used for commercial purposes wherein the patronage is of a transitory nature, the guests being entertained from day to day. Such use must include food service for guests within the structure and may include a restaurant with or without a lounge.
Kennel An establishment in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for profit on a regular basis. No kennel, runway, or exercise pen shall be located within 300 feet of any lot line.
Lot A parcel of land, with or without structures, that conforms to all the requirements of the zoning district in which it is situated. Such lot shall have frontage on an improved public street, or other means of approved access. In no case shall the division or combination of land result in the creation of a parcel which does not meet the requirements of this Regulation.
Mini-Storage A one-story structure containing separate storage spaces of varying sizes leased or rented on an individual basis for the enclosed storage of such items including, but not limited to, inactive business records, household goods, recreation vehicles, and antique cars, and excluding the storage of hazardous, toxic, explosive or otherwise dangerous materials. Spaces shall not be used for any retail, assembly, or manufacturing uses, or as a music rehearsal hall.
Motel/Hotel A building containing rooms which are rented as a series of sleeping units for transients, each sleeping unit consisting of at least a bedroom and a bathroom, wherein the patronage is of a transitory nature, the guests being entertained from day to day as opposed to having an express contract at a certain rate for a certain length of time, such as a boarding house.
Nonconforming Use or Structure Use or a structure which does not currently conform to all applicable zoning regulations, but did comply with all applicable laws, ordinances or regulations prior to enactment of this regulation.
Nonconforming Lot A lot, the area, dimensions or location of which was lawful under prior zoning regulations, but which fails to conform to the present requirements of the zoning district.
Office A room or group of rooms used for conducting the affairs of a single business, profession, service, industry, charitable organization, studio or governmental agency.
Personal Service Includes a barbershop, hairdresser, beauty parlor, shoe repair store, laundry, laundromat, dry cleaner, travel agency, upholsterer, caterer, funeral services or other business providing similar services of a personal nature.
Public Utility Facility Structures used by regulated utilities in the generation, distribution or collection of their products, including but not limited to electrical generating and transforming substations; satellite dish or antenna receivers and senders; water pumping facilities; gas tanks; and similar mechanisms. Poles, cables, pipes, mains and exchange boxes occupying no more than fifteen (15) square feet are not included.
Recreation Indoor Includes an indoor bowling alley, theater, table tennis facility, pool hall, skating rink, gymnasium, swimming pool or similar place of indoor recreation.
Recreation Outdoor Includes a trap, skeet, shooting range and/or archery range, golf course, swimming pool, amusement park, outdoor concert area, tennis court, skiing facility, campground or similar place of outdoor recreation. Limited Outdoor Recreation includes such facilities as trap, skeet, shooting range and/or archery range, and cross-country skiing centers, hiking, picnicking, campgrounds and other similar, low-intensity recreational uses.
Resource Industry An activity involved in the primary processing of agricultural or forestry products, including saw mills, but excluding those activities identified in the definition of Agricultural Use. Includes earth and mineral extraction.
Restaurant (With or without Lounge): A structure for public eating in which the primary business is the preparation and serving of food for consumption on the premises.
Retail Use A personal service shop, department store or shop or store for the retail sale of goods, excluding any freestanding retail stand.
Road Line The dividing line between a lot and a road, as determined by deed, record or survey. Where the width of the road is not clearly established, the road line shall be considered 25 feet from the center line of the traveled portion of the road.
Sign: Any structure, device or representation used to advertise or attract attention to any object, person, institution, organization, business, product, service, event or location by any means.
Sign Area Includes the advertising surface and any framing, trim or molding, but not the supporting structure. For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a different color than the finish material of the building. When a sign has two or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two feet from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger shall determine the area.
Structure Anything constructed or erected for occupancy or use, including but not limited to a building, mobile home, trailer, satellite dish antennae, inground swimming pool, or sign. Structure does not include retaining walls, fences, poles or lamp posts.
Substantial Improvement Repair, reconstruction or improvement, the cost of which equals or exceed fifty percent (50%) of the market value of the structure or item either (a) before the change or repair is started, or (b) if damage has occurred and is being restored, before the damage occurred. Substantial improvement covers substantial change.
Trailer A vehicle capable of being used as a seasonal sleeping or living quarters, not exceeding three hundred (300) square feet in floor area, whether self-propelled or towed, or a camper body mounted on a motor vehicle. Trailer shall also include any vehicle that may be towed or used for carrying goods, equipment, machinery or recreation vehicles, or as a site office.
Water Body Any natural or artificial collection of water, including ponds, lakes, reservoirs, etc., but excluding swimming pools.
Water Course Any natural or artificial stream, river, or waterway in which water flows continuously in a definite direction or course, and has a definite channel, bed and banks.
Wildlife Refuge An area set aside for the conservation of plants, animals and general environment within it. These are noncommercial areas usually without any structures on them. A single parking area and walking trails are characteristic of a wildlife refuge.
Yard Space on a lot not occupied with a building or structure. Porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required yard.
Yard, Front A space extending across the full width of the lot between any buildings and the road or front line, and measured perpendicular to the building at the closest point to the street or front line.
Yard, Rear A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
Yard, Side A space extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular to the building to the closest point to the side lot line.
