A.

The Zoning Maps officially entitled "Hartford, Vermont Zoning Districts Sheet 1 — Town wide"; and "Zoning Districts Hartford, Vermont Sheet 2 — WRJ, Wilder, and Hartford Village Detail," dated August 26, 1994, and subsequently amended. The Town of Hartford Zoning Maps show a division of the Town into the following districts:

B.

The Zoning Map entitled "White River Junction, Design Review District Boundary Map, First Floor Commercial Use Boundary Map" is hereby incorporated into these regulations as the official map to delineate the White River Junction Design Review District described in § 260-45 of these regulations, and the official map delineating the area in the Central Business District which is restricted to commercial uses only for the first floor street frontage portion of buildings, as described in § 260-20 of these regulations.

Regardless of the existence of other printed copies of the three Zoning Maps referenced in § 260-12, which from time to time may be made or published, the official Zoning Maps, which shall be located in the office of the Town Clerk, shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures in the Town.

District boundaries shown within the lines of roads, streams and transportation rights-of-way shall be deemed to follow the center lines. The abandonment of roads shall not affect the location of district boundaries. When the Administrative Officer cannot definitely determine the location of a district boundary by such center lines, by the scale or dimensions stated on the Zoning Map, or by the fact that it clearly coincides with a property line, the Officer shall refer the matter to the Planning Commission, which shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of these regulations.

Permitted uses are those which may be approved by the Administrative Officer, providing the standards established by these regulations are met. Permits for permitted uses will be issued by the Administrative Officer. However, where a variance or other special action by the Zoning Board of Adjustment is required, or where approvals of a site development plan is required by the Planning Commission, the issuance of permits by the Administrative Officer must await and is contingent upon such approval.

Conditional uses are those for which a permit may not be issued by the Administrative Officer until such use has been approved by the Zoning Board of Adjustment after public notice and hearing, as provided for in § 4414(3) of the Act. In addition, certain specified uses and structures which exceed the limits which would otherwise apply to them under these regulations may apply for approval as a conditional use. No clearing of land or construction of access roads shall occur in preparation for a conditional use until approval for such use has been granted by the Zoning Board of Adjustment.

A.

Approval criteria. In order for the permit to be granted, the applicant shall be required to present evidence that the proposed use shall not result in an undue adverse effect on any of the following such that an impact cannot be reasonably mitigated:

(1)

Community facilities.

(a)

The capacity of planned or existing community facilities, including, but not limited to:

[1]

Emergency services.

[2]

Municipal water or sewer system.

[3]

Recreational facilities.

[4]

The school system.

[5]

Solid waste disposal facilities.

(b)

The Board may seek or require input from the Town Manager and other municipal officials regarding relevant facilities. The Board shall also take into account sections of the Municipal Plan and any duly adopted Capital Plan which specify anticipated growth, service standards, and facility construction plans.

(2)

The character of the area, as defined by the objectives of the zoning district within which the project is located and specifically stated polices and standards of the municipal plan, including, but not limited to:

(a)

Scenic or natural beauty, historic sites, or rare and irreplaceable natural areas.

(b)

Compatibility with scale and design of structures existing in that area.

(3)

The capacity of roads and highways in the vicinity to safely accommodate expected traffic flows. In making this determination, the Board may require submission of a traffic impact study made by a professional traffic engineer.

(4)

Any Town of Hartford bylaws in effect.

(5)

Utilization of renewable energy resources.

B.

Approval conditions.

(1)

In permitting a conditional use, the Zoning Board of Adjustment may impose conditions found necessary to meet the stated objectives of the zoning district and protect the best interests of the surrounding property, the neighborhood, or the Town as a whole. These conditions may include, but need not be limited to, the following:

(a)

Increasing the required lot size or setback distance;

(b)

Limiting the coverage or height of buildings;

(c)

Controlling the location and number of vehicular access points;

(d)

Increasing the number of off-street parking or loading spaces;

(e)

Limiting the number, location and size of signs;

(f)

Requiring landscaping and screening in certain areas;

(g)

Specifying a time limit for construction, alteration, or enlargement for a structure to house the proposed use;

(h)

When the project will cause the level of traffic service on a road or street to drop below a Level C (AASHTO Standards), requiring that the project make a contribution proportionate to the project's share of the excess traffic. Such contribution may include:

[1]

Installation of acceleration or deceleration lanes on the street or highway adjacent to any driveway, frontage or service road;

[2]

Improvements to access or other intersections affected.

(i)

The Zoning Board of Adjustment may require applications for Conditional Use Approval and/or Variances to have professional site plans prepared by Surveyors, Engineers or Architects licensed by the State of Vermont.

(j)

The Zoning Board of Adjustment may require the submission of a bond, escrow account, or other surety in a form acceptable to the Town to assure one or more of the following: the completion of the project, adequate stabilization, or protection of public facilities that may be affected by a project.

(2)

The Board may require that no zoning permit, except for any permits that may be required for infrastructure construction, may be issued unless the streets and other required public improvements have been satisfactorily installed in accordance with the approval decision and pertinent bylaws. In lieu of the completion of the required public improvements, the Board may require for the benefit of the municipality a performance bond or other security issued either by a bonding or surety company approved by the legislative body or by the owner with security acceptable to the legislative body in an amount sufficient to cover the full cost of those new streets and required improvements on or in those streets or highways and their maintenance for a period of two years after completion as is estimated by the Town. This bond or other security shall provide for, and secure to the public, the completion of any improvements that may be required within the period fixed in the subdivision bylaws for that completion and for the maintenance of those improvements for a period of two years after completion. Any costs incurred by the Town related to the performance bond or other securities are the responsibility of the applicant and/or property owner.

(3)

The performance bond required by this subsection shall run for a term to be fixed by the Board, but in no case for a longer term than three years. However, with the consent of the owner, the term of that bond may be extended for an additional period not to exceed three years. If any required improvements have not been installed or maintained as provided within the term of the performance bond, the bond shall be forfeited to the municipality, and upon receipt of the proceeds of the bond, the Town shall install or maintain such improvements as are covered by the performance bond.

C.

Changes to an approved use.

(1)

Any enlargement or alteration of a conditional use shall be reviewed as a conditional use by the Zoning Board of Adjustment to permit the specifying of new conditions. Exemptions: amendments to an approved conditional use which, in the opinion of the Chair or Vice Chair of the Zoning Board of Adjustment and Administrative Officer, are minor and have no adverse effect in terms of the approval criteria outlined in Subsection A. Changes which involve a variance will not be considered minor.

(2)

Except as otherwise provided in Article V, a change in use, expansion or contraction of land, area, or alteration of structures or uses which are designated as a conditional use within the district in which they are located and are existing therein prior to the effective date of these amendments shall conform to all regulations herein pertaining to conditional uses, and shall not be commenced unless and until a permit is issued by the Zoning Board of Adjustment for such change, expansion, construction or alteration under this section.

Accessory uses are those uses which are not specifically listed for a zoning district in § 260-20 and are on the same lot with and of a nature which the Administrative Officer determines is incidental and subordinate to the principal use or structure. Appeals from the Administrative Officer's determination may be made to the Zoning Board of Adjustment.

A.

Accessory uses shall not significantly alter:

(1)

The character of the area affected;

(2)

Traffic on roads and highways in the vicinity;

(3)

The principal use of the property.

B.

If the principal use on a lot requires a conditional use permit, any accessory use shall also require a conditional use permit. If the principal use on the lot is a permitted use, the accessory use shall also be permitted.

In every case, the Administrative Officer shall determine the maximum number of dwelling units permitted on any lot by dividing the lot size, provided by a survey (furnished by the owner and sealed by a Vermont registered land surveyor), by the minimum area per dwelling unit standards for the district in which the lot is located. In all cases such determination shall be rounded to the nearest whole number.

A.

The tables set forth in § 260-20 make reference to the "class" of lot, a distinction which is based on the means by which a lot receives potable water and/or sewage disposal service. The classes are follows:

B.

Generally, but not exclusively, off-lot water supply and sewage disposal service is provided through municipal facilities. On-lot water supply is usually from a well, spring, brook or other source on or near the lot. On-lot sewage disposal systems are usually an engineered septic tank and leach field arrangement on or near the lot.

A.

The tables in Attachments 260a through 260y establish the objectives of each of the districts hereby established and the provisions of these regulations that apply respectively in each district. Any use designated as a "Permitted Use" in the table relating to a particular district may be commenced in such district pursuant to § 260-15 of this regulation. Regulations establishing a classification of lots in certain districts for the purpose of establishing the minimum area per dwelling unit of such lots and the minimum lot size of such lots are set forth in the following tables.

B.

In addition to those uses specifically listed in the tables, the following are also permitted in all districts:

(1)

Accessory use to any permitted or approved conditional use.

(2)

Planned development.

(3)

Home occupation.

Editor's note— THE TABLES OF PERMITTED AND CONDITIONAL USES BY ZONING DISTRICT ARE INCLUDED AT THE END OF THIS CHAPTER AS ATTACHMENTS 260a THROUGH 260y.

A.

Purpose. The Hartford Master Plan identifies many areas throughout the Town that encompass significant natural resources and have particular importance to the Town's rural character. These areas make Hartford a special place and represent the Town's heritage of working farms and forest lands as part of a sustainable, environmentally sound, local-resource-based economy. These areas include such features as prime and statewide agricultural soils, forests, wetlands, riparian areas, steep slopes, important wildlife habitat, scenic views, ridgelines and hillsides. Since they are located in multiple zoning districts, and the characteristics of these areas vary, special overlay zoning districts are established in sections of the Town to ensure sufficient protection of these important features. It is not the Town's intent to prevent development in the overlay districts, but rather to have appropriate placement of development to minimize impacts on these areas as much as possible.

B.

General provisions for rural lands, agricultural, and wildlife connector overlay districts.

(1)

Objective: to promote the preservation of the rural character, sensitive features and natural resources, including prime agricultural soils, wetlands, steep slopes, important wildlife habitat, scenic views, ridgelines and hillsides, in the Rural Lands, Agricultural, and Wildlife Connector Overlay Districts.

(2)

Effect on existing regulations. These overlay district standards are intended to supplement the development regulations and standards set forth in the underlying zoning districts, and shall not repeal or alter any existing ordinances, regulations, or bylaws of the Town of Hartford except as provided herein.

(3)

District boundaries. These standards shall apply to all land within the Rural Lands Zoning Districts (RL-1, RL-3, RL-5, RL-10 and FC) referred to as the "Rural Lands Overlay District," and all lands within the Agricultural and Wildlife Connector Overlay Districts as identified in the most recently adopted Hartford Master Plan.

(4)

Supplemental development standards.

(a)

All development and subdivisions should be laid out so they integrate carefully into the natural resources while protecting and minimizing fragmentation of land, and adverse visual and environmental impacts on these natural resources. To achieve this, the following supplemental standards shall apply:

[1]

Subdivisions creating two or more new lots will meet major subdivision requirements, including a detailed mapping of natural resources. Given the extent of sensitive natural resources, the Planning Commission may require a planned development for the site in accordance with § 260-47 of these regulations.

[2]

Development envelopes and associated development shall be located down-slope of ridgelines and prominent hills in areas where ridgelines and hillsides are easily visible from existing roadways, and shall be considered relative to the availability of less visible locations on-site. Additional landscaping may be required to screen development to reduce visibility.

[3]

When locating structures, roads, driveways, utility corridors and rights-of-way, one or more of the following should be employed:

[a]

Place improvements at the wooded edge and/or nearby developed areas. If not possible, place improvements in a manner that minimizes encroachment in wooded areas and open fields.

[b]

Follow existing contours, roads, tree lines, and stone walls.

[c]

Share roads, driveways, utility corridors and rights-of-way.

[d]

Place developments and subdivisions close to roads.

[e]

Follow established settlement patterns.

[4]

Locate development such that it will not conflict with existing agricultural uses in the area, and provide adequate buffers between potentially conflicting uses.

[5]

Create an efficient use of land that results in cluster development, small networks of utilities and roads, and large sections of unfragmented land.

[6]

Any other rules and regulations that the Planning Commission may prescribe to supplement these standards, provided these rules and regulations are not inconsistent with the Zoning Regulations.

(b)

In addition to the overlay district general provisions set forth in these regulations, the following additional provisions specific to the Agricultural and Wildlife Connector Overlay Districts shall be followed.

C.

Agriculture Overlay District.

(1)

Objective: to promote the continuation of agriculture, retain the maximum possible amount of agricultural lands, which often provide important scenic views, protect historically viable farmland and prime and statewide agricultural soils, and preserve Hartford's rural character, scenic characteristics, including open lands, views, and working landscape qualities in accordance with the Hartford Master Plan.

(2)

Supplemental development standards. In addition to the general provisions for all overlay districts specified in Subsection B above, all development and subdivisions involving lands in an Agricultural Overlay District are subject to the following supplemental standards:

(a)

Development envelopes shall be located at field edges or, in the event that no other land is practical for development, on the least fertile soils in order to minimize the use of productive agricultural land and impacts on existing farm operations.

(b)

Buildings should be clustered to avoid the fragmentation of productive farmland/open land.

D.

Wildlife Connector Overlay District.

(1)

Objective: to provide sufficient area for animals to move freely between conserved lands, undeveloped private lands, contiguous forest habitat, and other important habitat, land features, and natural communities within and beyond the boundaries of the Town in order to meet their necessary survival requirements.

(2)

Supplemental development standards. In addition to the general provisions for all overlay districts specified in Subsection B above, all development and subdivisions involving lands in a Wildlife Connector Overlay District are subject to the following supplemental standards:

(a)

Development will be encouraged close to roads and/or developed areas to allow sufficient wildlife corridors through the area.

(b)

A buffer area of adequate size from the edge of development shall be established to ensure the protection of critical wildlife habitats and travel corridors.

(c)

Written review from the Vermont Department of Fish and Wildlife regarding the impact of the proposed development on the wildlife corridor and significant wildlife habitats when requested by the Planning Commission for site development plan and subdivision applications or by the Administrative Officer for zoning permits.

E.

Application review procedures.

(1)

Site development plan and subdivision applications. As part of a site development plan or subdivision application, all commercial, industrial, multifamily residential development or subdivision applications in overlay districts are required to demonstrate how the proposed project adheres to the overlay districts standards addressed in Subsection B above. Wireless communication facilities in compliance with § 260-39 are exempt from meeting this requirement.

(2)

Administrative review process. Except for exemptions identified in Subsection E(3) below, residential uses, including new single-unit dwellings, and two-unit dwellings, residential additions, and accessory structures are required to submit an administrative application to the Administrative Officer indicating how the proposed project adheres to the overlay districts standards addressed in Subsection B above. If the Administrative Officer determines that the application adheres to the supplemental development standards as applicable in Subsections B(4), C(2) and D(2), the permit will be issued. However, if the Administrative Officer determines that the applicable development standards cannot be met, the application will be denied. The applicant may then submit a notice of appeal to the Zoning Board of Adjustment as described in § 260-4H of these regulations.

(3)

Exemptions. The following uses are exempt from the administrative review process for overlay districts. However, building/zoning permitting requirements and all other zoning regulations apply.

(a)

Agricultural buildings.

(b)

Residential additions with a building footprint less than 500 square feet.

(c)

Attached garages with a building footprint less than 500 square feet.

(d)

Accessory structures, including pools and hot tubs, less than 250 square feet in area and less than 10 feet in height.

(e)

Attached decks less than 500 square feet.