The selectboard of the town, in accordance with the Vermont Planning and Development Act (24 V.S.A. §§ 4402, 4419) and 24 App. V.S.A. ch. 149, § 5 (Town Charter), hereby adopts this land use development chapter for the town. This chapter shall be known and cited as the "Town of Springfield Land Use Development Ordinance."

(Ord. No. O-2019-2, § 1.0, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

The purpose of this chapter is to promote the orderly growth of the town, while enhancing its natural, agricultural, historical, economic and social attributes. This chapter is also intended to further purposes established in 24 V.S.A. § 4302.

(b)

The specific purpose of this chapter is to implement the Springfield Town Plan. This chapter seeks to guide the development of the town for the protection of community health, safety, welfare, and quality of life.

(Ord. No. O-2019-2, § 1.1, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

State Law reference— Purpose and goals of the planning and development act, 24 V.S.A. § 4302.

A zoning permit issued by the administrative officer shall be required for any land development as defined in 24 V.S.A. § 4303 except for development which is specifically exempted under article X, division 2 of this chapter. A certificate of occupancy (article X, division 3 of this chapter) issued by the administrative officer is required prior to the use or occupancy of any land or structure, or part thereof, for which a zoning permit has been issued. All subdivisions of land are subject to approval in accordance with this chapter and filed in the land records. All development or land use shall be in compliance with this chapter.

(Ord. No. O-2019-2, § 1.2, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. §§ 4411 and 4412, the ordinance from which this chapter is derived shall take effect 21 days after adoption and may be amended according to the requirements and procedures established in 24 V.S.A. § 4301 et seq. The zoning ordinance heretofore in effect ("Town of Springfield Zoning Ordinance, October, 2019") shall be deemed repealed November 14, 2022. Any mandatory changes enacted by the state shall automatically become part of this chapter.

(Ord. No. O-2019-2, § 1.3, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

State Law reference— Zoning ordinance, 24 V.S.A. § 4411; provisions required and effects prohibited, 24 V.S.A. § 4412.

The adoption of the ordinance from which this chapter is derived shall not repeal any permit previously issued. Where this chapter imposes a greater restraint or restriction than is provided under any other statute, ordinance, rule or regulation, then this chapter shall govern.

(Ord. No. O-2019-2, § 1.4, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Summary of the Development Review Process (for reference and overview purposes only)

Permitted Use

a)

Uses that are established by right.

b)

See Article X, Division 2 [24 V.S.A. §§ 4414, 4449]

c)

Requires a zoning permit issued by Administrative Officer.

d)

Application must be in conformance with all applicable zoning standards.

Site Plan

a)

Evaluates internal site layout and design.

b)

See Sec. 30-722 [24 V.S.A. § 4416]

c)

Requires approval by development review board after public hearing with 7 days notice.

d)

Standards:

1)

Safety and efficiency of traffic access

2)

Adequacy of circulation, parking and loading facilities

3)

Bicycle and pedestrian access

4)

Landscaping and screening

5)

Stormwater and drainage

6)

Lighting

7)

Outdoor storage

8)

Outdoor display

Conditional Use

a)

Regulates external impacts of development.

b)

See Sec. 30-723 [24 V.S.A. § 4414(3)]

c)

Requires approval by development review board after public hearing with 14 days notice.

d)

Standards:

1)

Capacity of existing or planned community facilities or services

2)

Character of the area affected

3)

Traffic on roads and highways in the vicinity

4)

Ordinance then in effect

5)

Utilization of renewable energy resources

6)

Site plan review general standards

7)

Site plan review district standards

8)

Building design

9)

Protection of natural resources

10)

Performance standards

11)

Protection of water quality

Administrative Review

a)

ZA may review and approved certain types of projects in lieu of the development review board in order to expedite the review process

b)

See Sec. 30-919 [24 V.S.A. § 4464(c)]

Downtown Design Review

a)

Regulates the design of structures within the Downtown Design Control Overlay District.

b)

See Sec. 30-724 [24 V.S.A. § 4414(E)]

c)

Requires a two-step process: review by Downtown Design Review Advisory Commission after a public hearing with 7 days notice, approval by development review board after public hearing with 7 days notice.

d)

Requirements:

1)

Design criteria (historic character, distinctive materials, visual pattern)

2)

Demolition/re-use plan

3)

Exterior lighting

4)

Signs

Planned Unit Development

a)

Allows for flexibility in project design.

b)

See Article VIII [24 V.S.A. § 4417]

c)

Requires approval by development review board after public hearing with 14 days notice.

d)

Standards:

1)

Allowed uses per zoning district in which it is located

2)

Clustered plan of development

3)

Create public benefits

4)

Number of dwelling units shall not exceed 125% allowed in the zoning district in which it is located

e)

Subdivision review is also required

Flood Hazard

a)

Ensures that development meets or exceeds National Flood Insurance Program standards

b)

See Article IX [24 V.S.A. § 4424].

c)

Requires a flood permit for all applicable development located within flood hazard areas. Some development activities require Permitted Use Review, others require Conditional Use Review.

d)

Standards: see Article IX, Subdivision II.

Certificate of Occupancy

a)

Ensures that all permitted development is constructed in accordance with applicable permit conditions and zoning ordinance standards

b)

See Sec. 30-944 [24 V.S.A. § 4449(2)]

c)

Requires a Certificate of Occupancy issued by the Administrative Officer.

d)

Standards:

1)

Development substantially complete

2)

Development complies with zoning all applicable zoning requirements and permit conditions.

3)

State Building Energy Standards Certificate

Waiver

a)

Allows for a reduction in zoning dimensional standards

b)

See Division 5, Sec. 30-1000 [24. V.S.A. 4414(8)]

c)

Requires approval by development review board after public hearing with 14 days notice.

d)

Standards/Criteria:

1)

Conditional Use Standards

2)

Waiver Review Criteria

Variance

a)

Very stringent criteria to modify zoning standards based on unique circumstances

b)

See Division 5 [24 V.S.A. § 4469]

c)

Requires approval by development review board after public hearing with 14 days notice.

d)

Standards/Criteria:

1)

Unique physical circumstances or conditions

2)

Variance is necessary to enable reasonable use of the property

3)

Unnecessary hardship not created by applicant

4)

Will not alter character of neighborhood

5)

Minimum variance to provide relief

Appeals

a)

Interested person may appeal a decision of the Administrative Officer

b)

See Sec. 30-962 [24 V.S.A. § 4465]

c)

Requires approval by development review board after public hearing with 14 days notice.

Subdivision

a)

Controls the pattern of future development. This involves the layout of new lots, driveways, subdivision roads, extension of utilities and facilities, and the creation of easements/rights-of-way to serve landlocked lots.

b)

See Sec. 30-725 [24 V.S.A. § 4418]

c)

Consists of different levels of review:

1)

Boundary Line Adjustment—Administrative review required to adjust lot line locations, but no new lots are created and previous subdivision approval are not amended.

2)

Subdivision—Development Review Board approval is required after a public hearing with 15 days notice for all subdivisions. Applications must meet all applicable standards (e.g., lots must meet dimensional standards for zoning district, all driveways, roads and other utilities and infrastructure must meet applicable standards).

Except where specifically noted herein, all words used shall carry their customary meaning. Doubt as to the precise meaning of any word used in this chapter shall be clarified by the development review board.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access means a driveway, road or other means of providing for the right of access to or from a state or town highway.

Accessory building/structure means a structure which is: 1) detached from and clearly incidental and subordinate to the principal use or structure on a lot, 2) located on the same lot as the principal structure or use, 3) clearly and customarily related to the principal structure or use, and 4) only used for vehicle parking, storage, or primarily building access. Examples include, garages, garden and tool sheds, and playhouses, but do not include "accessory dwellings." Except when not within the special flood hazard area (SFHA), small accessory buildings associated with residential uses which are less than 120 square feet of floor area and are not within the required setbacks do not need a permit.

Accessory dwelling means a unit that is located within or appurtenant to a single-family dwelling. An accessory dwelling unit is an efficiency or one-bedroom apartment that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation. See 24 V.S.A. § 4412(1)(E).

Accessory use means a use customarily incidental and subordinate to the principal use and located on the same lot as the principal use. When applied to agriculture, this shall be deemed to include the sale of products raised on the property. A home occupation shall be considered an accessory use. A theater marquee shall be considered an accessory use and shall not be considered a sign under this chapter. A self-service machine (vending machine, automatic teller machine, etc.) shall be considered as an accessory use to the principal use on the same lot.

Accessory use on-farm business means an accessory business as a supplement to a working farm, including educational and agritourism events that feature agricultural practices and/or qualifying products such as farm to table events, weddings, wine tastings, etc.

Act means the Vermont Municipal and Regional Planning and Development Act, 24 V.S.A. Ch. 117 (24 V.S.A. § 4301 et seq.), as it may be amended from time to time.

Administrative officer means the individual nominated by the planning commission for a three-year term, and appointed by the legislative body in accordance with 24 V.S.A. § 4448. the administrative officer shall administer the ordinance literally, and shall not have the power to permit any land development which is not in conformance with such ordinance.

Adult day care means a facility which provides supervised activities, meals and limited care to adults during the day, but which does not provide overnight accommodations except for the care givers and members of the care givers' families.

Agricultural product processing means the processing and packaging or bottling of agricultural products, for sale to or consumption by others.

Agriculture means the production of food, goods, or livestock through cultivation of soil and hydroponics for growing crops or rearing animals.

Air transportation services means a site or structure intended to accommodate or support air transportation services, such as a runway, hangar, terminal, control tower, airstrip or helipad.

Airstrip. See air transportation services.

Alteration means structural change, rearrangement, change of location, or addition to a building, other than repairs and modification in building equipment in the usual course of maintenance.

Antenna means any facility, including towers and dish antennae, designed and erected for the purpose of transmitting or receiving any type of radio, television, telephone or other airborne communication signals.

Area of special flood hazard is synonymous in meaning with the term "special flood hazard area" for the purposes of this chapter.

Automotive repair services. See motor vehicle repair.

Bank means establishments, including credit unions, offering demand deposit services and other financial services, operating under charter from the state or federal government.

Bar means an establishment, open to the public, where alcoholic beverages are sold, served and consumed.

Barn used for storage means a barn originally constructed to house agricultural equipment or activities, converted for use as cold storage of goods on a commercial basis.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (commonly referred to as the "100-year flood").

Base flood elevation (BFE) means the elevation of the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. On the flood insurance rate map the elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the flood insurance study report, or the average depth of the base flood, usually in feet, above the ground surface.

Basement means any area of a building having its floor elevation below ground level on all sides, including crawlspaces.

Bed and breakfast means an owner-occupied place of lodging that provides overnight accommodations and which may serve only breakfast to lodging patrons.

Boundary adjustment means an exchange of small parcels (less than one acre) between adjoining property owners to adjust property boundaries.

Broadcast facilities means a tower, pole, antenna, guy wire, or related features or equipment intended for use in connection with transmission or receipt of radio or television signals or any other electromagnetic spectrum-based transmission/reception and the construction or improvement of a road, trail, building or structure incidental to a communications facility. Broadcast facilities, also known as wireless communication facilities, include wireless telecommunication facilities. A speculative wireless telecommunications facility, that is, one built on speculation that the builder and operator will be able to lease it to a service provider, is considered a wireless communications facility and does not come under the Telecommunications Act of 1996. Applications for such facilities, until a service provider is named and joins in the application, are subject to the review and regulations as a wireless communications facility and not as a wireless telecommunications facility.

Building includes the term "structure."

Building and excavating yard means yards for the storage and maintenance of equipment used for building and/or excavation activities (not to include extraction of earth or mineral resources on the site).

Building area means the total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.

Building height means 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 the average height between eaves and ridge for other types of roofs.

Building materials supply means a facility for the sale of building materials on a retail basis, and including the storage of materials for sale. Building materials include lumber and other building products, hardware, plumbing and electrical materials, paints and related products, and similar materials generally used for construction.

Business incubator, business and professional service, means a facility aimed to foster growth of small companies, to increase their chances for surviving and enhance the growth by providing a range of business development services. It usually provides lower cost spaces by decreasing overhead by sharing some offices and other facilities. Primary occupants typically include business and professional services utilizing traditional and new technology office machines and computers.

Business incubator, manufacturing and distribution, means a facility aimed to foster growth of small companies, to increase its chances for surviving and enhance the growth by providing a range of business development services. It usually provides lower cost spaces by decreasing overhead by sharing some offices and other facilities, including warehousing, shipping and receiving. Primary occupants typically include product manufacturers, industrial processes, warehousing, product distribution or similar businesses.

Campground means an area designed to accommodate people with camping vehicles and/or tents for overnight accommodation on a seasonal basis.

Car wash means a commercial facility designed for the purpose of washing automobiles and trucks, either by automated or manual equipment.

Cemetery means a tract of land for burial of the dead, including pet cemeteries.

Channel means an area that contains continuously or periodic flowing water that is confined by banks and a streambed.

Church means a building whose primary purpose is that of a house of worship in which those belonging to the organization profess the same religious creed and constitute a nonprofit congregation.

Club house, private, means a building or use catering exclusively to club members and their guests for recreational purposes, and not operated primarily for profit.

Commercial mobile food and/or merchandise units means a mobile food and/or merchandise business stationed in one locality or traveling from place-to-place selling food or merchandise.

Commercial parking lot/garage means a lot/structure used for the temporary storage of motor vehicles, for a payment, in association with uses or activities located on the same or other lots.

Commercial storage facility means a structure designed to include a number of small, independent storage spaces, each intended to be rented to individual users who are able to access their space without assistance by the proprietor or manager of the facility.

Communications/transmission facilities means any facility (structure or other, excluding antennae) used for the purpose of transmitting radio, television, telephone or other electronic signals. A communications/transmission facility may or may not be co-located with an antenna.

Concert venue means a place where concerts and musical performances are held.

Conditional use means a use identified in this chapter, which is permitted only upon approval by the development review board in accordance with the provisions of section 30-723.

Construction trailer means a vehicle which is: (1) built on a single chassis; (2) 500 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable; and (4) designed for use as a temporary office facility used to support management of a construction project, and not as a permanent structure.

Corner lot means a lot located at the intersection of two or more streets.

Critical facilities means facilities that are vital to public health and safety, including police stations, fire and rescue facilities, hospitals, shelters, schools, nursing homes, water supply and waste treatment facilities.

Cultural facility means establishments such as libraries, museums, theaters for live stage presentations, art galleries, interpretive centers, etc., which are of historic, educational or cultural interest, and which are not operated commercially.

Day care home means a home or facility serving six or fewer children. (Considered to constitute a permitted single-family residential use of property per 24 V.S.A. § 4412(5).)

Deeded access corridor means a deeded strip of land, not less than 20 feet, nor more than 100 feet, in width, which provides access to land which has no frontage on a town highway. A deeded access corridor shall serve no more than two lots and shall have no buildings, septic systems or wells located within it.

Development means any humanmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, any change in the use of any building or other structure, or land, or extension of use of land.

Development review board means a development review board for a municipality created under 24 V.S.A. § 4301 et seq. The development review board shall have powers and duties as set forth in the Act to administer the provisions of this chapter, including, but not limited to, the power to hear and decide administrative appeals; variance requests; and applications for site plan approval, conditional use, design review, planned unit development, flood hazard review, and subdivision review.

Downtown design review advisory commission means an advisory design review commission established and appointed by the selectboard in accordance with 24 V.S.A. §§ 4433 and 4464(d). The downtown design advisory commission has the authority under this chapter to hold meetings, subject to Vermont's Open Meeting Law (1 V.S.A. §§ 310 through 314) and to:

(1)

Review applications and prepare recommendations on each of the review standards under section 30-724 that are within the downtown design advisory commission's purview (within the boundaries of the designated downtown) for consideration by the development review board at a public hearing on the application.

(2)

If necessary, conduct site visits, prior to a regularly scheduled meeting. No testimony shall be taken at said site visit.

(3)

Advise applicants of potential negative responses of the development review board and suggest remedies to correct identified deficiencies for a more detailed and successful application in preparation for the following design review hearing with the development review board.

Driveway means a minor, private travel way that provides access from a road to a building or property. A driveway can serve no more than three lots.

Dwelling unit, multi-family, means a building designed for occupancy by five or more families or households living independently of each other in individual dwelling units.

Dwelling unit, single-family, means a room or rooms for the purpose of occupancy by a single family or household, including independent facilities for living, sleeping, cooking, eating and sanitation.

Dwelling, three-four unit, means a building designed for occupancy by three or four families or households living independently of each other in individual dwelling units (i.e., triplex, fourplex).

Dwelling unit, two-family, means a building designed for occupancy by two families or households living independently of each other in individual dwelling units.

Easement means the authorization of a property owner for the use by another person for a specific purpose, of any designated part of a property.

Electronic message display sign means an electrically activated changeable sign where the variable message capability can be electronically programmed.

Encroachment means activities or construction including fill, substantial improvements, and other development that may cause an increase in flood levels.

Equilibrium condition means the width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Extraction of earth resources includes, but not limited to, gravel pit and mines. See section 30-590 for specific use standards.

Family child care facility means a day care facility which serves more than six full-time and four part-time children. (Subject to all applicable municipal ordinance.)

Family child care home means a day care facility which serves six or fewer full-time children and four part-time children in the care giver's own dwelling unit (33 V.S.A. § 3511(7)). (Constitutes a permitted use of property, but can require site plan approval.)

Family unit means one or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, not including a housekeeping unit being operated as a rooming house.

Farm structure means a building, enclosure, or fence for housing livestock, silo, the raising of horticultural or agronomic plants or the carrying out of other practices associated with accepted agricultural or farming practices as defined in 10 V.S.A. § 6001(22) and Vermont's Required Agricultural Practices Rule. This excludes dwellings for human habitation.

Farming includes the activities in the definition below, and viticulture (i.e., culture of grapes). This definition shall include usual, customary, and traditional harvesting, processing, and packaging activities of produce grown on the premises. The term "farming," pursuant to 10 V.S.A. § 6001(22) and Vermont's Required Agricultural Practices Rule, means:

(1)

The cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops;

(2)

The raising, feeding, or management of livestock, poultry, fish, or bees;

(3)

The operation of greenhouses;

(4)

The production of maple syrup;

(5)

The on-site storage, preparation and sale of agricultural products principally produced on the farm;

(6)

The on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or

(7)

The raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines.

Fence means a freestanding structure of wood, metal, masonry, stone or any combination of materials, attached to the ground and used to restrict visual or physical access.

Fill means any placed material that changes the natural grade, increases the elevation, redirects the movement of flood water, or diminishes the flood storage capacity at the site. Temporary storage of material for less than 180 days is not considered fill.

Flood means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood fringe means the portion of the flood hazard area that is outside of the floodway but still inundated by the base flood (the flood having a one percent chance of being equaled or exceeded in any given year).

Flood hazard means those hazards related to damage from flood-related inundation or erosion.

Flood hazard areas shall have the same meaning as "area of special flood hazard" under 44 C.F.R. § 59.1. "Area of special flood hazard" is synonymous with the term "special flood hazard area."

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. In some communities the hazard boundaries are available in paper, pdf, or geographic information system formats as a digital flood insurance rate map (DFIRM).

Flood insurance study (FIS) means an examination, evaluation, and determination of flood hazards and, if appropriate, the corresponding water surface elevations or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. See flood.

Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Please note that flood hazard areas and floodways may be shown on a separate map panels.

Floodway fringe means the remaining portion of the flood hazard area excluding the floodway.

Forest product processing means the processing and packaging or bottling of forestry products, for sale to or consumption by others.

Forestry means any use and management of land for forestry purposes, including logging of a forest, woodland, or plantation and research and educational activities. Forestry uses shall include the maintenance, construction and alteration of logging roads, skid ways, landings, fences, and forest drainage systems.

Fuel storage and distribution facility means the use of a lot and/or building or other structure for the bulk storage of combustible fuels (fuel oil, gasoline, propane, compressed natural gas, coal or other similar materials, excluding wood) prior to transfer to vehicles for distribution to consumers.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

Funeral home means a structure, or part thereof, used for the preparation of the deceased for burial and associated funeral services.

Garden apartment. A garden apartment complex consists of low-rise apartment buildings built with landscaped grounds surrounding them. The apartment buildings are often arranged around courtyards that are open at one end. A garden apartment has some characteristics of a townhouse: each apartment has its own building entrance, or just a few apartments share a small foyer or stairwell at each building entrance. Unlike a townhouse, each apartment occupies only one level.

Garden apartment design means a two or two and one-half story structure containing multifamily dwellings.

Gasoline station means the use of any building, land area, or other premises for the sale of motor vehicle fuel, lubricants, and related products and accessories.

Grading means the movement or replacement of topsoil or other material originating on the site and within the hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought from outside the hazard area and such new material is not offset with an equal or greater removal of material from the portion of the site within the hazard area, the new material shall be considered "fill" and shall not be considered grading.

Green space means the area of a lot which is landscaped or otherwise undeveloped; the area not included in "lot coverage." See lot coverage.

Group home, level 1, means a residential care or group home to serve eight or fewer clients in a residential setting, to be operated under state licensing and applicable regulations, for handicapped or disabled persons as defined in 9 V.S.A. § 4501. Such a dwelling must be at least 1,000 feet from another dwelling being utilized for a similar purpose.

Group home, level 2, means a residential care home or group home, to be operated under state licensing or registration, serving nine or more individuals who have a handicap or disability as defined in 9 V.S.A. § 4501, shall be reviewed as a multifamily dwelling and shall be subject to conditional use and site plan review.

Health care facility means facilities for the provision of health care services, including, but not limited to, hospitals, nursing homes, medical laboratories, clinics, etc., doctors' offices, individual offices for a physician, dentist, etc., are considered to be professional offices.

Heavy equipment sales and service means a structure or lot used for the purpose of selling or servicing heavy equipment (tractors, farm equipment, earth moving equipment, cranes, and similar equipment). The facility may include space used for display of items for sale and storage of items awaiting repair.

Helicopter pads. See air transportation services.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home business means a business carried on in a portion of a dwelling/residence or in an accessory structure to a dwelling/residence.

Home occupation means an occupation, carried on by a resident(s) of the property and within a dwelling/residence or in an accessory structure to a dwelling/residence, which is customarily incidental and secondary to the use of the premises for dwelling purposes and does not have an undue adverse effect upon the character of the area in which the dwelling is located. Home occupations include such uses or activities as art studios, dressmaking, teaching, tutoring, or the professional part-time off-hours office of a lawyer, engineer, architect, accountant, computer programmer/technician, transcriber, barber/hairstylist, bookkeeper, woodworker, etc.

Hotel means an establishment designed or used for public lodging, meeting rooms, meals, service of legal beverages, and related amenities with all rooms accessible from a central point within the building.

Housing, affordable. Housing is affordable when households with incomes below an area's median income pay no more than 30 percent of their income on housing. Housing costs for renters are rent and utilities. Housing costs for homeowners are principal on mortgage payments, interest, property taxes, and insurance.

Housing, low income, means housing that is affordable, according to the U.S. Department of Housing and Urban Development, for either home ownership or rental, and that is occupied, reserved, or marketed for occupancy for households with a gross household income that does not exceed 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located.

Housing, moderate income, means housing that is affordable, according to the U.S. Department of Housing and Urban Development, for either home ownership or rental, and that is occupied, reserved, or marketed for occupancy for households with a gross household income that is greater than 80 percent and less than 120 percent of the median gross household income for households of the same size within the region in which the housing is located.

Inn means use of one or more structures (typically a private home or accessory buildings designed to appear as such) to provide short-term accommodations for guests and may include a restaurant, bar, event facilities, spa or fitness club as an accessory use.

Infill development means construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in an area that was not previously developed but is surrounded by existing development.

Kennel means an establishment for housing domestic animals on a commercial basis.

Land development means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land.

Legislative body means the selectboard in the case of the Town of Springfield.

Letter of map change (LOMC) is a letter issued by FEMA officially removing a structure or lot from the flood hazard area based on information provided by a certified engineer or surveyor. This is used where structures or lots are located above the base flood elevation and have been inadvertently included in the mapped special flood hazard area. A LOMC can include a letter of map amendment (LOMA), letter of map revision (LOMR), letter of map revision based on fill (LOMR-F), or a letter of map revision for a floodway (LOMR-FW).

Lot means a parcel of land defined by property lines or boundaries. The term "lot" includes the term "plot."

Lot coverage means that portion (percentage) of a lot area which is covered by buildings, structures and other manmade improvements, such as parking and loading areas, access roads, service areas, tennis courts, and other impermeable surfaces, which prevent the infiltration of stormwater. Lawn areas are specifically excluded from this definition.

Lots in two districts means a situation where a district boundary line divides a lot so portions of that lot are within two zoning districts. See section 30-657.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufacturing/processing of goods, foods and beverages means an establishment which makes or processes raw materials into a finished or intermediate product, for commercial purposes, including fabricating facilities and large printing or publishing establishments.

Makerspace means a place in which people can gather to work on projects while sharing ideas, equipment, and knowledge. Makerspaces often combine shared tools, manufacturing equipment, industrial processes, peer to peer and/or professional assistance for the purpose of enabling members to design, prototype and fabricate new products that might not be possible to create by individuals working alone. The primary focus of makerspaces is the creation of new products.

Means of access is unique to the NRPD district and includes trails, driveways, tracks, etc., which allow the public access to study and enjoy the significant natural resources which are protected by this district.

Medical marijuana dispensary means a dispensary registered with the state that may acquire, possess, cultivate, manufacture, transfer, transport, supply, sell or dispense marijuana, marijuana-infused products, and marijuana-related supplies.

Metal scrapping business means the acquisition, storage or processing of scrap metal or appliances for purposes of resale including transient buyers of scrap metal and itinerant businesses.

Mixed use means the mixing/planning of compatible uses on a property such as commercial, office, residential, institutional or cultural uses. See section 30-657.

Mobile home means a structure or type of manufactured home that is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation. The term "mobile home" includes plumbing, heating, cooking, and electrical systems, and is:

(1)

Transportable in one or more sections; and

(2)

At least eight feet wide or 40 feet long or when erected has at least 320 square feet, or if the structure was constructed prior to June 15, 1976, at least eight feet wide or 32 feet long; or

(3)

Any structure that meets all the requirements of this definition except for size and for which the manufacturer voluntarily files a certification required by the U.S. Department of Housing and Urban Development and complies with the standards established under 42 USC.

Mobile home park means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate more than two mobile homes. For the purposes of this chapter, a tiny house community shall be considered as a type of mobile home park. Nothing herein shall be construed to apply to premises used solely for storage or display of mobile homes. The term "mobile home park" does not mean any parcel of land under the ownership of an agricultural employer who may provide up to four mobile homes used by full-time workers or employees of the agricultural employer as a benefit or condition of employment or any parcel of land used solely on a seasonal basis for vacation or recreational mobile homes.

Mobile home sales and services means any lot and/or structure used for the sale and repair of mobile homes. Such a facility may include space for the display of mobile homes for sale and the temporary storage of mobile homes awaiting repair.

Modular or prefabricated housing means a dwelling unit constructed on-site and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Motel means a facility for short-term accommodations usually having a private outside entrance for each room or suite of rooms, and for each room or suite a parking place provided on the premises.

Motor vehicle repair means the use of any building, land area, or other premises which is used for the purpose of making major and minor repairs, for hire, to motor vehicles, including painting, body work, and mechanical work, provided all motor vehicles located on the premises are being worked on for repair or rebuilding and are not kept on the premises for salvage. All motor vehicles located on the premises must be registered for operation.

Motor vehicle sales means the use of any building, land area, or other premises for the display and sale of new or used automobiles generally, but may include light trucks or vans, trailers, or recreation vehicles. Limited to the actual sales of vehicles that require registration by the department of motor vehicles.

Multi-story apartment design means a structure containing multiple dwellings, composed of three or more stories, but no more than eight stories.

Mylar means a clear polyester film that subdivision plats are printed on. See Plat.

National Flood Insurance Program means the National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program aims to reduce the impact of flooding on private and public structures. It does so by providing affordable insurance to property owners in communities that adopt and enforce floodplain management regulations. These efforts help mitigate the effects of flooding on new and improved structures.

Natural and beneficial floodplain functions means the functions associated with the natural or relatively undisturbed floodplain that includes moderating flooding, retaining flood waters, and reducing erosion, sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem services such as wildlife habitat, water quality, and recharge of ground water.

New construction means structures for which the start of construction commenced on or after the effective date of this chapter and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.

Nonconforming lots (or parcels) means lots or parcels that do not conform to the present ordinance covering dimensional requirements but were in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present ordinance, including a lot or parcel improperly authorized as a result of error by the administrative officer.

Nonconforming structure means a structure or part of a structure that does not conform to the present ordinance but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present ordinance, including a structure improperly authorized as a result of error by the administrative officer. Structures that were in violation of the regulations in effect at the time of their creation, and remain so, remain violations and are not nonconforming structures.

Nonconforming use means any use of land that does not conform to the present ordinance but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present ordinance, including a use improperly authorized as a result of error by the administrative officer.

Non-residential includes: businesses, churches, schools, nursing homes, pool houses, clubhouses, recreational buildings, government buildings, mercantile structures, industrial structures, and warehouses.

Nursery means a place where young trees or other plants are raised for transplanting or for sale, wholesale or retail, and including the sale of cut and live flowers.

Occupied and used shall be considered as though followed by "or intended, arranged, or designed to be used or occupied."

Official zoning map means the map adopted as part of this chapter showing the boundaries of the established zoning districts.

Outdoor market means an open or roofed area, not within a building, for groups or individuals that offer goods for sale, display or demonstration.

Parking space means an off-street space used for the temporary storage of a licensed motor vehicle.

Permitted use means a use, identified in this chapter, allowed upon issuance of a zoning permit by the administrative officer. A permitted use may also require site plan approval in accordance with section 30-722.

Person means an individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group.

Personal services means a class of uses including barbers, hairdressers, beauty parlors, shoe repairs, laundries, laundromats, dry cleaners, photo studios, and other businesses deemed services of a personal nature by the development review board.

Planned unit development (PUD) means one or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. This plan, as authorized, may deviate from ordinance requirements that are otherwise applicable to the area in which it is located with respect to lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards.

Planning commission means a planning commission for a municipality created under 24 V.S.A. § 4321 et seq.

Plat means a detailed drawing showing all aspects of the subdivision, including dimensioned boundary lines, lot areas, physical features and other items required by these regulations. A final plat shall also meet all requirements for filing documents required in 27 V.S.A. § 1401 et seq.

Portable sign means any structure without a permanent foundation or otherwise permanently attached to a fixed location, which can be carried, towed, hauled, or driven and is primarily designed to be moved rather than be limited to a fixed location. Portable signs may include, but are not limited to, "sandwich board" style signs.

Private roads (also known as development roads or private access roads). See the definition of road.

Professional office includes offices for the professional practice of various occupations, including, but not limited to, physicians, dentists, insurance sales, consultants, lawyers, building or property management, engineers, architects or accountants.

Professional service. See retail sales.

Public administrative office means a structure which contains the administrative offices of a municipality or a public agency or department.

Public maintenance and storage means a lot and/or structure used by a municipality or public agency or department for the storage and maintenance of vehicles and equipment, and for the storage of materials.

Public road means a state highway as defined in 19 V.S.A. § 1 or a Class 1, 2, or 3 town highway as defined in 19 V.S.A. § 302(a).

Public safety facility means a facility used by public police, fire or rescue agencies for the purpose of storing vehicles, office activities, training and other agency activities.

Public water access means a public access to a water of the state and, except for toilet facilities, shall not include structures as defined in this chapter.

Recreation, indoor, means a class of either public or private recreational uses including bowling alleys, theaters, table tennis and pool halls, skating rinks, gymnasiums, swimming pools, hobby workshops and similar places of indoor recreation.

Recreation, outdoor, means a class of either public or private recreational uses including parks, play fields, playgrounds, marinas; golf courses; trap, skeet, and archery ranges; unenclosed swimming pools; skating rinks; riding stables; parks; swimming areas; tennis courts and skiing facilities; which are not enclosed.

Recreational trail means a corridor that is used for hiking, walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding, and other similar recreational activity.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Recreation vehicle sales and service means a structure or lot used for the purpose of selling or servicing recreational vehicles such as motor homes, camper trailers, travel trailers, etc. The facility may include space for the display of such vehicles for sale, and for the temporary storage of such vehicles awaiting repair.

Redevelopment means construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in a previously developed area. The term includes substantial improvements and repairs to substantially damaged buildings.

Renewable energy resource means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels including wood, agricultural sources, waste materials, waste heat and geothermal sources.

Replacement structure means a new building placed in the same footprint as the pre-existing building and does not include a change in use.

Research and testing laboratory means a commercial facility or enterprise intended for the purpose of conducting scientific research and development related to manufactured or processed end products or services.

Residential care home. See group home levels 1 and 2.

Restaurant means a commercial establishment for the preparation, sale and consumption of food, but which does not contain a drive through window.

Restaurant with drive through window means a commercial establishment for the preparation, sale and consumption of food, which does contain a drive through window.

Resubdivision means a change of a recorded subdivision plat if such change affects any street layout shown on such plat, or area reserved thereon for public use, or any change of a lot line, or any such change if it affects any map or plan legally recorded.

Retail sales means an establishment for the sale of goods and merchandise to direct users or consumers of such goods.

Right-of-way. See easement.

River means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. "River" does not mean constructed drainageways, including water bars, swales, and roadside ditches.

Road means any road, highway, avenue, street or other travelway between right-of-way lines, commonly used for vehicular traffic and other modes of transportation. A road may be either private or public. Any new access that serves four or more lots is considered a road, and not a driveway.

Rooming house means any dwelling unit with two or more individual sleeping rooms for rent, non-transient (meaning for more than seven days at a time) and not including uses defined as bed and breakfast or motel/inn or short-term rentals. Owner occupied (where the owner is a natural person) single-family residences renting out no more than two bedrooms with adequate off-street parking are not to be considered rooming houses under this regulation.

Rural enterprise means a small business that may be located in an existing farm building in RA-2, RA-5, RA-10 and L-25 districts only and will not have an adverse effect on the character of the area or contribute to the deterioration of class III roads.

Salvage and recycling facility means any lot and/or structure used for the purpose of storing, collecting, purchasing, processing, recycling or selling such materials as wastepaper, rags, scrap metal, plastics, glass, discarded machinery, auto parts, or two or more unregistered, inoperable motor vehicles.

School means an establishment for the purpose of instructing or educating students.

Scour means localized erosion caused by the entrainment of soil or sediment in water as it flows around obstructions.

Seasonal roadside produce stand means an establishment for the retail sales of produce.

Setback means the minimum distance by which a building must be separated from a lot line, centerline of a right-of-way or public road.

Short-term rental means rental of a home, apartment or accessory building for a period of less than 30 days per occurrence.

Sign means any device, logo, structure, building or part thereof used for visual communication or for the purpose of directing the attention of the public to any business, industry, profession, service, commodity or entertainment.

Sign, freestanding, means a sign which is separate from any other structure and is supported from the ground only.

Sign, projecting, means a sign which projects from the face of the building on which it is mounted.

Sign, wall, means a sign which is mounted on and runs parallel to the building which shows only one face.

Sketch plan means a sketch of an initial concept of a proposed subdivision showing information specified in section 30-725(c) of this chapter. A sketch plan enables the subdivider to save time and expense in reaching general agreement with the development review board on the form of the subdivision and compliance with these regulations.

Small repair services means an indoor use that specializes in repair services, restoration of a broken, damaged, or failed device, equipment, or part to an acceptable operating or usable condition, such as computer, upholstery, or other similar uses. (Small repair services does not include internal combustible engines.)

Solid waste management facility means an area designed for the disposal of refuse or waste materials. Such facilities may be privately or publicly owned and operated, and may include transfer stations. See section 30-612 for specific requirements.

Special flood hazard area means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The term "area of special flood hazard" is synonymous in meaning with the phrase "special flood hazard area." This area is usually labeled zone A, administrative officer, AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by FEMA. Maps of this area are available for viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov. Base flood elevations have not been determined in Zone A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at selected intervals on maps of special flood hazard areas that are determined by detailed methods. Where floodways have been determined they may be shown on separate map panels from the flood insurance rate maps.

Start of construction, for purposes of floodplain management, determines the effective map or ordinance that regulated development in the special flood hazard area. The "start of construction" includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Steep slopes means land having a slope of 20 percent or greater. See section 30-663.

Storage means the aggregation of materials, items, or objects whether natural or human-made; that is kept as a stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory may change, but where the general footprint of the stored materials continues to be used for the same purpose; whether set upon the land or within a container, structure, or facility; and that would not otherwise be in compliance with these development standards.

Street. See road.

Street line means the portion of the right-of-way line defining a street or road which forms the front boundary line of a lot fronting on that street or road.

Structure means an assembly of materials for occupancy or use, including a building, mobile home or trailer. For the purpose of special flood hazard areas, structure means a walled and roofed building, as well as a manufactured home, including gas or liquid storage tanks.

Subdivision means the division or proposed division of any real estate into lots, parcels, sites, plots, units or interests for the purpose of sale, lease, transfer or development. Property under common ownership that is divided by a state highway or class 1, 2, or 3 town road or by the Black River will be considered as separate parcels. For the purpose of these ordinances, subdivision also means the creation of rights-of-way or permanent easements for access to landlocked parcels in accordance with 24 V.S.A. § 4412(3).

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure (within the special flood hazard area) after the date of adoption of this chapter, the cost of which, over three years or over the period of a common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

Surety means a pledge, guarantee or bond, usually to back the performance of an individual or company.

Theater (indoor) means an establishment for the presentation of motion pictures, inside a structure, operated on a commercial basis.

Top of bank means the point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high-water stage.

Top of slope means a break in slopes adjacent to steep-banked streams that have little or no floodplain; or a break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains that have been abandoned or are undergoing abandonment.

Townhouse usually consist of multiple floors and have their own outside door as opposed to having only one level and an interior hallway access.

Townhouse design means a residential structure containing single-family attached dwelling units which are separated by a common wall and in which each dwelling unit extends from foundation to roof.

Travel trailer means any vehicle used as sleeping or transient living quarters mounted on wheels or a camper body which can be mounted on a truck; and any vehicle which is customarily towed by a motor vehicle and used for carrying goods, equipment, machinery, boats or as an office.

Trucking terminal means a lot and/or structure used for storage, sales, servicing, or loading and unloading of trucks, including tractor and/or trailers. Trucking terminals may also include areas for the temporary storage of loads prior to transshipment.

Variance means an exception to land use development ordinance provisions granted by the development review board on a case-by-case basis subject to variance criteria.

Veterinary/animal hospital means an establishment for providing care to animals under the direction of a licensed veterinarian.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided.

Waiver means modifying dimensional standards according to criteria detailed in the land use development ordinance. In the case of subdivisions, waivers can be applied more broadly, allowing for a consideration of modifying subdivision standards or procedures as specified in the land use development ordinance.

Warehouse/wholesale distribution means a structure used for the purpose of storing goods and merchandise for a fee and/or distributing goods and merchandise to various retailers for resale. A warehouse/wholesale distribution establishment may include space for temporary storage of trucks, but shall not include facilities for servicing such vehicles.

Watercourse means any perennial stream and shall not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure. Wet-floodproofing means permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding by allowing water to enter the structure in accordance with Technical Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503

Wetlands means those areas of the state that are inundated by surface water or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities.

Yard means the space on a lot which is not occupied by a building or structure (structure includes porches).

Yard, front, means the yard between the front lot line and the front line of a building extended to the side lot lines of the lot. The depth of a front yard shall be measured from the street line to the front line of the building.

Yard, rear, means the yard between the rear lot line and the rear line of a building extended to the side lot lines of the lot. The depth of the rear yard shall be measured from the rear lot line to the rear line of the building.

Yard, side, means the yard between the principal building or accessory building and a side lot line, and extending from the front yard to the rear yard. The depth of a side yard shall be measured from the side lot line to the nearest point of the structure.

Zoning permit means a form of public notice for posting, issued to an applicant for a use or a structure, following approval by the development review board or the administrative officer.

(Ord. No. O-2019-2, §§ 7.0—7.2, 9-23-2019; Ord. No. 2022-2, 10-24-2022)