Montpelier City Zoning Code
PERFORMANCE STANDARDS
§ 153.035 PURPOSE.
The purpose of performance standards is to set specific conditions for various uses, classification of uses or areas where problems are frequently encountered and shall include, but are not limited to, the provisions of this subchapter.
(Prior Code, § 17.40.010)
§ 153.036 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.
In addition to all yard regulations specified in the official schedule of district regulations and in other sections of this chapter, the following provisions shall be adhered to.
(A) Accessory buildings, detached.
(1) Accessory buildings, including portable car shelters, shall not be located in any required front yard, shall be located ten feet from the principal structure and shall adhere to side yard requirements.
(2) Rear yard setback requirements for detached accessory buildings shall be reduced to five feet from the rear yard lot line.
(B) Architectural projections. Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard. (Also see division (C) below.)
(C) Front yard projections; porches.
(1) Covered but unenclosed porches, when not more than one story high and which do not extend more than six feet beyond the front walls of the building (but in no case shall such projection come closer than ten feet from the setback line), are exempt from the front yard setback provisions and need not be included in determining front yard setback when requesting the addition of a porch to an existing home.
(2) As of this subchapter date, such described porches shall not be subject to a conditional use permit, but the owner shall be required to come before the Planning and Zoning Commission with plans and setback measurements. New structures will be subject to the architectural projections requirement above.
(D) Front yard restrictions. In any required front yard, no fence or wall shall be permitted to exceed four feet in height. There shall be no structure of any kind or open storage of materials.
(E) Multi-family dwelling yard requirements. Multi-family dwellings or complexes with eight or more units must include common areas for playgrounds, recreation or group usage of at least 100 square feet per unit with a minimum of 400 square feet.
(F) Side and rear yard requirements for nonresidential uses abutting residential districts.
(1) Nonresidential buildings or uses shall not be located nor conducted closer than 30 feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to 50% of the requirement if acceptable landscaping or screening approved by the Commission is provided.
(2) Such screening shall be a masonry or solid fence between four and eight feet in height, maintained in good condition and free of all advertising or other signs.
(3) Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting.
(G) Visibility at intersections. On a corner lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of three and ten feet above the centerline grades of the intersecting streets of such corner lots and a line joining points along said street lines 50 feet from the point of centerline intersection.
(Prior Code, § 17.40.020)
§ 153.037 SUPPLEMENTAL GENERAL PROVISIONS.
In addition to all other regulations as specified in this chapter, the following provisions shall be adhered to.
(A) Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building or carport. Recreational vehicles may be parked on the lot of the owner but may not be used as auxiliary housing longer than a period of five consecutive days. Further, such vehicles and trailers are not allowed to park within the city right-of-way, except for loading and unloading, which shall be limited to a maximum of 72 hours.
(B) Storage of chemicals, pesticides, fertilizers and the like. Any storage of chemicals, pesticides, fertilizers, petroleum products or any similar products (excepting for household use), regardless of zone, are subject to the city’s wellhead protection plan and are prohibited in rental storage units. Such storage, handling, manufacturing and disposal shall require approval by the Fire Chief and must have adequate fire protection.
(C) Temporary buildings in conjunction with construction. Construction site buildings to be used on a temporary basis may be permitted during the period construction is in progress, but such facilities must be removed upon completion of the construction and are expected to maintain the setback requirements for their zoned area.
(Prior Code, § 17.40.030)
§ 153.038 COMMERCIAL AND INDUSTRIAL USES.
(A) New commercial buildings will require approval from the Fire Department.
(B) No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits are established by adhering to the following performance requirements.
(1) Air pollution. Air pollution shall be subject to the requirements and regulations established by the health authority.
(2) Enforcement provisions. The Administrator, prior to the issuance of a building permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(3) Erosion. No erosion by human, wind or water which will carry objectionable substances onto neighboring properties shall be permitted.
(4) Fire hazards.
(a) Any activity involving the use or storage or sale or manufacturing of noxious, flammable or explosive materials, including, but not limited to, chemicals, pesticides, petroleum products or fertilizers, shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material.
(b) Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved, as specified in the International Fire Code and the National Safety Foundation, and not less than 300 feet from a residential zone, a residence, except for an owner’s residence, a motel or hotel, and shall comply with the following:
(a) Will be erected subject to the approval of the Fire Chief;
(b) Will have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the Fire Chief; and
(c) Will comply with the city’s wellhead protection plan.
(5) Glare. No direct or reflected glare shall be permitted which is visible from any property outside a commercial or manufacturing district or from any street.
(6) Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to the standards set by the Department of Environmental Quality (DEQ).
(7) Noise. Objectionable noise, as determined by the Administrator, which is due to volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(8) Radioactivity or electrical disturbance. No activity shall emit harmful radioactivity at any point or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(9) Twenty-four-hour businesses. Businesses operating for 24 hours must provide buffers such as evergreen trees or walls sufficient to address noise and light abatement if they abut residential areas.
(10) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(11) Water pollution. Water pollution shall be subject to the requirements and regulations established by the health authority and shall be subject to the city’s wellhead protection provisions.
(Prior Code, § 17.40.040)
§ 153.039 UNIQUE LAND USES.
Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this chapter, and more specifically § 153.038.
(A) Animal clinics, animal hospitals and veterinary offices will:
(1) Be located at least 300 feet from any residence, including motels and hotels, excluding the owner’s residence. The Administrator may modify these requirements if the animals are completely housed in soundproof structures completely screening them from view of the abutting residential properties; and
(2) Comply with all state and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.
(B) Bulk storage of flammable liquids and gases, aboveground and for resale, will:
(1) Be located at least 300 feet from a residential zone; and
(2) Be erected and provide suitable loading and unloading spaces and off-street parking facilities subject to the approval of the Fire Chief.
(C) Contractor’s yards will:
(1) Be located a minimum distance of 50 feet from any residence, except for an owner’s residence. Contractors continually storing heavy equipment will be required to meet a minimum location distance of 150 feet;
(2) Have a screening fence around areas utilized for the storage of equipment; and
(3) Be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.
(D) Day care centers will provide a minimum outside play yard of 100 square feet per child.
(E) Drive-in restaurants will:
(1) Have a six-foot sight-obscuring fence along the property lines adjoining a residence;
(2) Provide for adequate trash receptacles; and
(3) Avoid the direction of night lighting toward any residence.
(F) Filling, grading, lagooning, dredging or other earth-moving activity will:
(1) Result in the smallest exposure of bare ground for the shortest time feasible;
(2) Provide temporary ground cover such as mulch;
(3) Use diversions, silting, basins, terraces and other methods to trap sediment;
(4) Provide lagooning in such a manner as to avoid creation of fish trap conditions;
(5) Not restrict a floodway, channel or natural drainageway;
(6) Construct and stabilize sides and bottoms of cuts, fills, channels and artificial water courses to prevent erosion or soil failure;
(7) Not have below-grade excavation, except for drainageways within 50 feet of any lot line or public right-of-way; and
(8) Restore topsoil or loam to a depth of not less than four inches.
(G) Helicopter landing sites will require:
(1) A minimum acreage of vacant land required will be two acres;
(2) Proof of general liability insurance;
(3) The approaches to the landing area and zone to be made in such a manner as to avoid flying over residences in the general vicinity of the landing zone;
(4) All FAA rules and regulations to be adhered to; and
(5) If fuel is to be stored on the site for more than 12 hours, it shall be stored not less than 200 feet from any building. However, it is recommended fuel not be stored on the site.
(H) Home occupations will require the following.
(1) Not more than one person other than members of the family residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(3) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one non-illuminated sign not exceeding four square feet in area may be mounted flat against the wall of the principal building.
(4) No significant traffic shall be generated by such home occupation, and any need for parking shall be limited to the existing driveway.
(6) A home occupation that has grown to the definition of a home business shall be subject to authorized uses described in § 153.040 and may require a conditional use permit.
(I) Meat-packing, processing plant and slaughterhouse facilities will:
(1) Be located not less than 600 feet from any residence, except from the owner’s residence. Such facilities shall have a minimum setback of 30 feet from any property line;
(2) Be designed and located with full consideration to their proximity to adjacent uses, their effect upon adjacent and surround properties and to the reduction of nuisance factors such as odor;
(3) Be adequately maintained with housekeeping practices to prevent the creation of a nuisance and shall also be subject to the health authority requirements as to the elimination of waste materials and the maintenance of water quality control;
(4) Be subject to the approval of the City Superintendent; and
(5) Conform to the standards set forth in the city’s wellhead protection plan.
(J) Mobile home parks will require the following.
(1) Mobile home placement shall be limited to mobile home parks. Mobile homes are not identified as manufactured or modular homes placed on permanent foundations. Further mobile homes must be manufactured after 1976.
(2) Mobile home parks shall be developed according to standards and requirements as set forth in the city’s current subdivision ordinance.
(K) Outdoor rifle and pistol ranges will:
(1) Be designed with a backstop;
(2) Be designed to avoid a line of fire directed toward any residence or business within one mile;
(3) Incorporate landscaping compatible with the surrounding landscaping; and
(4) Provide supervision and security measures during periods of use.
(L) Outdoor storage of commercial and industrial materials will be enclosed with a six-foot fence adjoining a residence or residentially zoned area, whether or not such property is separated by an alleyway or street.
(M) Portable shelters, including portable car ports, will be considered accessory buildings.
(N) Recreational vehicle parks and travel trailer parks shall be developed according to the city’s current subdivision ordinance.
(O) Mini-storage in the CBD must be located behind existing businesses and/or vacant lots in line with existing businesses and not easily visible from Highway 89.
(P) Recycling plants shall be completely enclosed by a solid six-foot high obscuring fence, and no part of the operation except for customer/employee parking shall be outside the fence.
(Q) Wrecking yards shall be completely enclosed by a solid six-foot high obscuring fence.
(Prior Code, § 17.40.050)
§ 153.040 UNAUTHORIZED USES.
(A) Burial of human remains. Burial of human remains may not take place outside of a city-recognized and maintained cemetery.
(B) CAFO. Confined animal feeding operations shall not be allowed within city limits or within the city impact area.
(C) Kennels. Kennels shall not be allowed within city limits or within the city impact area, with the exception of the City Animal Shelter.
(Prior Code, § 17.40.060)
§ 153.041 FENCES.
(A) Prior to the construction of any fence within the city limits, the individual(s) seeking to construct said fence must obtain a permit for the building of the same.
(B) Prior to the issuance of any permit to construct any fence, the individual(s) seeking the permit shall pay a fee, if any, that may be adopted by the action of the Council.
(Ord. 647, passed 5-7-2014)