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Springfield City Zoning Code

DIVISION 2

ZONING PERMIT6


Footnotes:
--- (6) ---

State Law reference— Zoning permit, 24 V.S.A. § 4449.


Sec. 30-915. - Required permits to precede development.

(a)

In accordance with 24 V.S.A. § 4449, the application for and receipt of a zoning permit issued by the administrative officer shall precede any initiation of development as defined herein, except for development which is specifically exempted from this chapter under section 30-916.

(b)

Additionally, according to town ordinance and policy, any development may require a town permit for a driveway (from highway superintendent), or connection to town water or sewer (from director of public works). State permits are required for all new on-site septic systems beginning July 1, 2007. Renovations or alterations of any commercial, retail, or rental unit may also require a construction permit by the state to be obtained from the division of fire safety. Compliance with any property specific restrictions or covenants is the responsibility of the applicant or property owner. For other business licenses, contact the town clerk.

(c)

Other state permits: The applicant is encouraged to utilize the permit navigator located on the Agency of Natural Resources website for recommendations of other State permits that may be required. (https://vermont.force.com/permitnavigator/s/)

(Ord. No. O-2019-2, § 6.0(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Sec. 30-916. - Exemptions.

Except as provided in article IX of this chapter, no zoning permit shall be required for the following activities:

(1)

Required agricultural practices (RAPs) including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets, in accordance with 24 V.S.A. § 4413(d). Written notification, including a sketch plan showing structure setback distance from road rights-of-way, property lines, and surface waters, shall be submitted to the administrative officer prior to any construction, as required for required agricultural practices. Such structures shall meet all setbacks established by the secretary of agriculture, food and markets.

(2)

Accepted management practices for silviculture (forestry) as those practices are defined by the commissioner of forests, parks and recreation in accordance with 24 V.S.A. § 4413(d).

(3)

Power generation and transmission facilities which are regulated under 30 V.S.A. § 248 by the Vermont public utility commission in accordance with 24 V.S.A. § 4413(b). Such facilities, however, shall conform to policies and objective specified for such development in the town plan.

(4)

Solar panels on flat roofs (24 V.S.A. § 4413 (g)(1)).

(5)

De minimis impacts to telecommunications facilities as described in 24 V.S.A. § 4413(h).

(6)

Hunting, fishing and trapping as specified under 24 V.S.A. § 2295 on private or public land. This does not include facilities supporting such activities as firing ranges or rod and gun clubs, which for the purpose of this chapter, are defined as outdoor recreation facilities or private club houses.

(7)

Normal maintenance and repair of an existing structure which does not result in exterior alterations or expansion or a change of use, except as required in the downtown design control overlay district.

(8)

Interior alterations or repairs to a structure which do not result in exterior alterations or expansion or a change in use.

(9)

Exterior alterations to structures which are not located within the downtown design control overlay district and which do not result in any change to the footprint or height of the structure or a change in use. Exterior alterations to structures within the downtown design control overlay district are subject to review by the downtown design review advisory commission.

(10)

Residential entry stairs (excluding decks and porches), handicap access ramps, walkways and fences or walls less than six feet in height which meet setbacks, and do not extend into or obstruct public rights-of-way or interfere with corner visibilities or sight distances for vehicular traffic.

(11)

Minor grading and excavation associated with road and driveway maintenance (e.g., including culvert replacement and resurfacing), and lawn and yard maintenance (e.g., for gardening or landscaping), or which is otherwise incidental to an approved use. (However, a permit for work within the state or town right-of-way may be required.) This specifically does not include extraction and quarrying activities for which a permit is specifically required.

(12)

Outdoor recreational trails (e.g., walking, hiking, cross country skiing and snow mobile trails) which do not require grading, construction, or the installation of structures or parking areas.

(13)

Small accessory buildings associated with residential uses which are less than 120 square feet of floor area and less than eight feet in height, and are not located within required setback areas.

(14)

Garage sales, yard sales, or similar activities that do not exceed three consecutive days, nor more than 12 total days in any calendar year.

(15)

Public art on public property is exempt from development review approval. All public art will be subject to review and approval of the selectboard.

(Ord. No. O-2019-2, § 6.0(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Sec. 30-917. - Application requirements.

An application for a zoning permit shall be filed with the administrative officer on forms provided by the town. Required application fees, as set by the legislative body, also shall be submitted with each application. In addition, the following information will be required:

(1)

Permitted uses. Applications for a permitted use shall include, but not be limited to, a sketch plan, on paper no smaller than 8.5 inches by 11 inches, drawn to scale, that depicts the following:

a.

The dimensions of the lot, including existing property boundaries;

b.

The location, footprint and height of existing and proposed structures or additions;

c.

The location of existing and proposed access (curb cuts), driveways and parking areas;

d.

The location of existing and proposed easements and rights-of-way;

e.

Existing and required setbacks from property boundaries, road rights-of-way, surface waters and wetlands;

f.

The location of existing and proposed water and wastewater systems; and

g.

Other such information as required by the administrative officer to determine conformance with this chapter.

(2)

Other uses. In addition to the above permit application requirements, the application for development requiring approval under conditional use, site plan, downtown design review, flood hazard area, and/or planned unit or planned residential development review shall include a site development plan prepared in accordance with table 30-721.

(Ord. No. O-2019-2, § 6.0(C), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Sec. 30-918. - Issuance of zoning permits.

No zoning permit shall be issued by the administrative officer until a complete application, including all forms, materials, and fees, has been received, and all applicable approvals have been obtained in accordance with the following provisions:

(1)

No zoning permit shall be issued by the administrative officer for any use or structure which requires approval of the development review board, selectboard, public works, state and/or health officer until such approvals and/or permits have been obtained and presented to the administrative officer.

(2)

For uses within the flood hazard area overlay district requiring state agency referral, no zoning permit shall be issued until the expiration of 30 days following the submission of a report to the state department of environmental conservation in accordance with 24 V.S.A. § 4424(2)(D).

(3)

If public notice is issued with respect to a public hearing by the legislative body for the purpose of adopting or amending this chapter, applications shall be reviewed under the proposed amendment for a period of 150 days following that notice. If the amendment has not been adopted by the conclusion of the 150-day period or if the proposed amendment is rejected, the application shall be reviewed under the existing ordinance at no additional charge in accordance with 24 V.S.A. § 4449(d).

(4)

Within 30 days of receipt of a completed application, including all application materials, fees and approvals, the administrative officer shall act to either issue or deny a permit in writing, or to refer the complete application to the development review board, pursuant to 24 V.S.A. §§ 4448 and 4449. If the administrative officer fails to act within the 30-day period, a permit shall be deemed issued on the 31st day. Decisions shall be sent by registered mail to the applicant explaining any conditions of approval or reasons for denial, and include a statement of the time in which an appeal may be made under division 4 of this article.

(5)

Each permit issued shall require the applicant to post a notice of permit, on a form prescribed by the town, within view from the public right-of-way nearest to the subject property until the time for appeal has passed.

(6)

Within three days of issuance, the administrative officer shall deliver a copy of the permit to the listers, and post, for a period of 15 days from issuance, a copy at the town office.

(Ord. No. O-2019-2, § 6.0(D), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Sec. 30-919. - Administrative review.

In accordance with 24 V.S.A. § 4464(c), the administrative officer may review and approve new development and amendments to previously approved development.

(1)

The administrative officer may approve amendments to previously approved development providing it shall not have the effect of substantively altering any impact under any of the standards set forth in the ordinance or have the effect of substantively altering any of the findings of fact or conditions of the most recent approval. In the downtown design control overlay district such approval may only be granted after review by the downtown design review advisory commission.

(2)

The administrative officer may approve a one-year extension of the permit expiration date after written request and explanation of the reason for the extension by the applicant and signed by the property owner.

(3)

Exterior lighting installations involving the installation or replacement of six or fewer lighting fixtures may be approved by the administrative officer except in the DDROC. All others shall be approved by the development review board.

(4)

The administrative officer may approve boundary adjustments.

(Ord. No. O-2019-2, § 6.0(E), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Sec. 30-920. - Effective dates.

No zoning permit shall take effect until the time for appeal under division 4 of this article has passed or, in the event that a notice of appeal has been properly filed, until final adjudication of the appeal. A zoning permit shall remain in effect for a period of one year from the date of issuance, but, provided the regulations have not been amended in a way that would affect the use or structure of the subject of the permit, the permittee may request an extension of the permit up to a year, which the administrative officer may allow. The extension must be in writing signed by the administrative officer. If the work described therein is not commenced and diligently prosecuted within this one-year period, the zoning permit shall become void. All associated approvals (conditional use, site plan, etc.) shall expire with the zoning permit.

(Ord. No. O-2019-2, § 6.0(F), 9-23-2019; Ord. No. 2022-2, 10-24-2022)