The following standards shall apply to the designated use in all zoning districts in which the respective uses are allowed. Such uses may be subject to conditional use review in accordance with section 30-723. If there is a conflict between a standard in this article and a standard in another section of this chapter, the more restrictive standard shall apply.

(Ord. No. O-2019-2, § 3.0, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

One accessory dwelling unit that is located within or appurtenant to a single-family dwelling on an owner-occupied lot shall be permitted in all districts in which single dwelling units are permitted, provided there is compliance with all of the following:

(1)

The property has sufficient wastewater capacity.

(2)

The unit does not exceed 600 square feet in floor area or 30 percent of the total habitable floor area of the single-family dwelling, whichever is greater.

(3)

Applicable setback, coverage and parking requirements specified in the ordinance are met.

(b)

No building or structure intended for human occupancy shall be erected, altered or converted to another use unless adequate potable water and wastewater disposal systems are provided in compliance with the state wastewater system and potable water supply rules and applicable state regulations.

(c)

Accessory dwellings approved under section 30-575 will not count as a dwelling unit for the purposes of calculating density.

(Ord. No. O-2019-2, § 3.1, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

An accessory structure intended to keep poultry in MDR and HDR districts shall comply with the following standards:

(1)

Noncommercial use only. No person shall sell eggs or meat or engage in breeding or fertilizer production for commercial purposes.

(2)

A maximum number of poultry allowed is six per lot regardless of how many dwelling units are on the lot.

(3)

Poultry must be kept in a fenced area and/or enclosure at all times during daylight hours.

(4)

Poultry shall be secured within a henhouse during non-daylight hours. The structure shall be enclosed on all sides and shall have a roof and doors.

(5)

Enclosures must be kept clean, dry and odor-free in a neat and sanitary condition and the structure must be well-maintained at all times

(6)

The structure, pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

(7)

Odors from manure or other substances shall not be perceptible at the property boundaries. Noise from poultry shall not be loud enough to be perceived at the property boundaries and shall not disturb the use or enjoyment of neighboring lots.

(8)

Poultry must remain on the owner's property at all times and shall not be allowed to roam free.

(9)

Side and rear setbacks must be adhered to.

(10)

No poultry structures shall be located in the interior of any part of the home.

(11)

Roosters are prohibited.

(12)

Repeated violations from the town health officer or code enforcement officer shall constitute a violation of the zoning permit and the permit will be revoked.

(13)

The applicant may appeal the revocation to the development review board.

(14)

Exceptions: "agriculture" and/or state licensed "farms" and/or structures as defined by the state secretary of agriculture shall be exempt from this bylaw. Structures do not require a local zoning permit, but do require a site plan indicating setbacks be filed with the town zoning administrator.

(Ord. No. 2022-2, 10-24-2022)

Accessory buildings shall meet all setback requirements of this chapter.

(1)

Swimming pools. A swimming pool shall be considered an accessory use/structure.

(2)

Agricultural products. The sale of products raised on the property, when applied to agriculture, shall be considered an accessory use.

(3)

Home occupation. A home occupation shall be considered an accessory use.

(4)

Theater marquee. A theater marquee shall be considered an accessory use and shall not be considered a sign under this chapter.

(5)

Self-service machine. 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.

(Ord. No. O-2019-2, § 3.2, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

An accessory on-farm use may be operated by a farmer, farm resident or farm lessee through site plan review by the development review board. The accessory on-farm business may take place in a new or existing structure or on the land. Accessory on-farm businesses may include storage, preparation and sale of products, provided that half of the sales are from qualifying products principally produced on the farm using farm commodities.

(Ord. No. O-2019-2, § 3.3, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Purpose. The purpose of this section is to encourage and enable the restoration, rehabilitation, continued viability and use of historic structures that have outlived their original function, by permitting additional uses within the current dimensions of such structures, subject to conditional use review under section 30-723 and the provisions of this section.

(b)

Applicability.

(1)

The adaptive reuse of a historic structure, and applicable site improvements to accommodate the use, may be allowed in designated zoning districts, subject to review by the development review board under article VII of this chapter, district requirements as specified for adaptive reuses, and the provisions of this section. Historic structures, for the purposes of this chapter, shall include all structures constructed prior to January 1, 1973. The adaptive reuse of structures within the downtown design control district are subject to review by both the downtown design review advisory commission and the development review board under section 30-724, the standards and requirements of that district. Any rehabilitation or restoration associated with an adaptive reuse shall not significantly alter the facade or historic character of the structure.

(2)

The development review board may waive the historic structure requirement for former commercial or industrial structures that are located in primarily residential or mixed-use neighborhoods.

(c)

Allowed uses. Structures determined to be appropriate for adaptive reuse may be put to one or more of the following uses in any zoning district subject to conditional use approval under section 30-723:

(1)

Any use permitted within the district in which the structure is located;

(2)

Multifamily dwelling;

(3)

Enclosed storage facility;

(4)

Enterprises whose principal use is the processing and/or sale of agricultural or forest products (e.g., farm produce stores, food cooperatives, woodworking and furniture shops);

(5)

Uses associated with local arts, crafts and culture (e.g., museum, craft shop, gallery, antique shop, cultural center);

(6)

Other uses as determined by the development review board to meet the intent of this section and conditional use criteria under section 30-723.

(d)

Minimum lot size and density waived. Minimum lot size and density requirements for the districts in which adaptive reuse will occur may be waived as long as it can be demonstrated to the satisfaction of the development review board that adequate water supply, septic system, and off-street parking capacity exist to accommodate proposed uses.

(Ord. No. O-2019-2, § 3.4, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Purpose. The purpose of this section is to encourage preservation of large contiguous areas of agricultural and forest resource lands in the town.

(b)

Subdivision of lots. The subdivision of lots and the siting of non-agricultural buildings in the land reserve 25-acre, land reserve 10-acre, and residential/agricultural 5-acre districts shall be subject to the following: While preserving the rights of the property owner to create the number of building sites allowable within the zone with adequate sewage disposal:

(1)

Lots shall be located to preserve farmlands and contiguous areas of forest lands to the maximum extent possible; and

(2)

Buildings and other structures shall not be sited in the middle of open fields. Instead, they shall be located at the edge of fields to minimize fragmentation or parcelization of agricultural and forest lands and preserve scenic views to the maximum extent possible.

(c)

This section shall be implemented by the administrative officer for individual zoning permit applications, and by the development review board for conditional uses, subdivision regulations, and planned unit developments.

(d)

In a PUD, the development review board may allow a density bonus of an additional lot or building site to compensate.

(Ord. No. O-2019-2, § 3.5, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

An agricultural product processing use is intended to allow owners and users of farm lands to maintain "very small" (defined as less than "certified small" in 6 V.S.A. § 4871 and section 4.1 of Vermont Required Agricultural Practices) scale processing and/or packaging operations. Examples of such processing/packaging operations include, but are not limited to, maple syrup production and bottling, wine making and bottling. In all cases, the following requirements must be satisfied:

(1)

Must have adequate off-street parking for employees and customers.

(2)

If any toilet facilities are provided, arrangements for wastewater treatment and disposal shall meet all town and state requirements.

(3)

Suitable provisions must be made to prevent any waste materials from entering groundwater or surface water.

(b)

The forest product processing use is intended to allow owners of forestlands to maintain very small-scale wood and forestry product processing that is customary in rural areas, such as firewood cutting and splitting, and small sawmills. Forest product processing are limited to the land reserve 10-acre and land reserve 25-acre districts only. Forest product processing uses must meet the agricultural product processing requirements listed in subsection (a) above, and in addition forest product processing uses must also meet the performance standards in section 30-659.

(Ord. No. O-2019-2, § 3.6, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Helicopter pads associated with hospitals and emergency facilities may be permitted as accessory uses provided that all setback requirements are met.

(b)

Helicopter pads, airstrips or other air transportation services are subject to site plan and conditional use approval by the development review board, shall be no less than 100 feet from any property line, and shall be screened from adjacent properties and public roads.

(Ord. No. O-2019-2, § 3.21, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

The bed and breakfast establishment must be owner occupied and have adequate off-street parking in relation to the number of guest rooms and employees. The establishment shall not be used to cater parties or other events.

(b)

Change of use from a residential single-family dwelling to a bed and breakfast shall require a site plan (section 30-722) and conditional use (section 30-723) review by the development review board.

(Ord. No. O-2019-2, § 3.7, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Broadcast facilities, as defined by this chapter, shall conform to the following provisions:

(1)

All broadcast facilities shall be licensed by the Federal Communications Commission.

(2)

Commercial broadcast facilities.

a.

Commercial broadcast facilities shall be allowed in all districts upon receiving conditional use approval from the development review board and issuance of a zoning permit.

b.

Any installation or construction of, or significant addition or modification to, such facilities require approval under section 30-650, unless determined to be of de minimis impact under subsection (5) of this section.

c.

Commercial broadcast facilities shall not project more than 20 feet above the average elevation of the tree line measured within 50 feet of the highest vertical element of the facility, unless the proposed elevation is reasonably necessary to provide adequate wireless telecommunication service capacity or coverage or to facilitate collocation of facilities.

d.

Antennae and towers shall meet a setback distance from the property lines equal to the height of the antennae or tower. Setbacks are measured from the base of the structure, not guy wires. In the alternative, the tower may be engineered to collapse upon itself in the event of a structural failure or an easement may be obtained to compensate for inadequate setback distance.

e.

Landscaping may be required around the base of all antennae and towers.

(3)

Private broadcast facilities (e.g., ham radio facilities).

a.

Private broadcast facilities shall be allowed in any district upon issuance of a zoning permit.

b.

Antennae and towers shall be located in back yards and shall meet a setback distance equal to the height of the antennae or tower.

(4)

In accordance with 24 V.S.A. § 4412(8), the following facilities are exempt from this chapter:

a.

Telecommunications facilities that are subject to review by the public service board under 30 V.S.A. § 248a.

b.

Antenna structures less than 20 feet in height with a primary function to transmit or receive communication signals for commercial, industrial, institutional, nonprofit or public purposes.

c.

No permit shall be required for placement of an antenna used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the area of the largest face of the antenna is not more than 15 square feet, and if the antenna and any mast support do not extend more than 12 feet above the roof of that portion of the building to which the mast is attached, except to the extent ordinance protect historic landmarks and structures listed on the state or National Register of Historic Places.

(5)

De minimis impacts.

a.

All applications for broadcast facilities shall be reviewed by the town administrative officer to determine if the facility will impose no impact or de minimis impact. A de minimis impact exists if the project meets the following criteria:

1.

Project consists of either:

i.

Collocation on a legally existing tower;

ii.

Upgrades to legally existing equipment; or

iii.

Similar projects.

2.

Project does not involve:

i.

New towers;

ii.

Extending the height of existing towers;

iii.

New access roads or expansions of existing access roads; or

iv.

Similar projects.

b.

The administrative officer's determination regarding no impact or de minimis impact shall be in writing and shall be subject to appeal to the development review board in accordance with 24 V.S.A. § 4465. Furthermore, the administrative officer shall mail a copy of any positive determination to all abutting landowners.

c.

If the administrative officer determines that a facility will have more than a de minimis impact under the criteria established in this section, the administrative officer shall refer the application to the development review board for review as a conditional use.

(Ord. No. O-2019-2, § 3.8, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Business/professional and manufacturing/distribution facilities are an allowed conditional use in districts general business, central business, residential commercial, industrial/commercial and industrial for the purpose of fostering growth of small companies to increase the chances for economic survival and growth by providing a range of business development services to similar entities under one roof. This use will allow for lower cost spaces by decreasing overhead costs through shared technology, conference area, office support, commercial kitchen and utilities. Primary occupants for business and professional services typically include medical services, accounting, marketing, engineering, graphic design, etc. Small manufacturing and distribution may include product manufacturers, industrial processes, warehousing, shipping and receiving. Business/professional and manufacturing/distribution facilities which are also allowed in downtown design control overlay district.

(1)

Site plan review by the development review board is required.

(2)

Individual certificate of occupancy permits for each use will be required.

(Ord. No. O-2019-2, § 3.9, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

In the residential/agricultural 2-acre and residential/agricultural 5-acre districts, campgrounds, as defined in section 30-6, are allowed as conditional uses, provided that the area shall have obtained a wastewater permit from the state.

(b)

Campgrounds must be in compliance with the state rules and regulations for trailer camps or campgrounds.

(c)

Campgrounds must receive site plan approval from the development review board.

(d)

Campers on non-campground parcels; limitations. Nothing in this section shall prevent a property owner in any district from parking their own, or a guest's travel trailer or recreational vehicle on the property to be used as temporary living quarters by non-paying guests for up to two weeks.

(Ord. No. O-2019-2, § 3.10, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

A day care home serving six or fewer children is exempt from local ordinance review. A certified letter of approval from the state agency of human services shall be filed with the administrative officer with a site plan and floor plan which will be forwarded to the emergency services department.

(b)

A state-registered or licensed family child care home serving no more than six full-time children and four part-time children shall require site plan approval.

(c)

A state-registered or licensed facility or residential dwelling serving more than six full-time and four part-time children for group care and/or educational development shall require a conditional use permit and site plan approval. (Defined in 33 V.S.A. § 4902(3)(A).)

(d)

An adult day care facility shall require both conditional use and site plan approval.

(Ord. No. O-2019-2, § 3.11, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In districts where two-family dwelling units are permitted, the administrative officer may issue a permit only when all of the following conditions are met:

(1)

The parcel is in a zoning district where two-family dwelling units are allowed.

(2)

The required off-street parking shall not be located in the area between the front lot line and the front line of the building. However, the applicant can apply to the development review board for modification of this requirement if unusual site conditions prevent the provision of parking elsewhere on the site.

(3)

Any existing or proposed septic system must be designed to accommodate the total number of bedrooms within the two dwellings. It is the responsibility of the applicant to obtain a state permit for an on-site septic system, prior to receiving a final local permit, that will accommodate the two dwelling units.

(4)

In the high density residential and medium density residential districts, two-family dwelling units must provide at least 20 percent of the site as green space.

(5)

In the residential commercial district, two-family dwelling units must provide at least ten percent of the site as green space.

(Ord. No. O-2019-2, § 3.13, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Depending upon the district, multi-family dwelling units are allowed in accordance with the applicable zoning district provisions or as part of a planned residential development, subject to the following provisions:

(1)

The parcel is in a zoning district where two-family and multi-family dwelling units are permitted.

(2)

In the land reserve 25-acre, land reserve 10-acre, residential/agricultural 5-acre and residential/agricultural 2-acre zoning districts, multi-family dwelling units are limited to up to four units.

(3)

The required off-street parking for a multi-family dwelling unit shall not be located in the area between the front lot line and the front line of the building. As part of site plan approval and conditional use approval, however, the development review board may modify this requirement if unusual site conditions prevent the provision of parking elsewhere on the site.

(4)

In the high density residential and medium density residential districts, multifamily residential projects must provide at least 20 percent of the site as green space.

(5)

In the residential commercial district, multifamily residential projects must provide at least ten percent of the site as green space.

(6)

In the high density residential, residential commercial and medium density residential districts, multifamily dwelling units may be of a "townhouse," "cottage court" or "garden apartment" design.

(7)

In the general business and central business districts, multifamily dwelling units may be of a "townhouse," "cottage court," "garden apartment" or "multi-story" apartment design. Multi-story apartments shall contain no more than eight stories.

(Ord. No. O-2019-2, § 3.14, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The following standards for operation and rehabilitation of all earth and mineral resource extraction operations, including extraction of soil, sand or gravel, shall apply to new operations and the extension of existing operations. The extension of an existing extraction operation shall be considered as excavation of previously undisturbed land surface area. The pre-existence of an operation for removal of topsoil, or a condition of the land where topsoil has been removed, shall not be considered the same as a pre-existing resource extraction operation. Continuation of existing operations shall be permitted on contiguous property where the land or gravel rights were owned or under option to the operator on the effective date of this chapter, if such extensions comply with the remainder of this section.

(1)

Approval required; performance bond. The extraction of earth or mineral resources shall not be permitted until the development review board has approved a plan for reclamation of the site. The plan shall be submitted by the applicant and shall outline excavation procedures that specify phasing of the operation such that, upon completion of each phase, the excavated sections are reclaimed and left in a safe, attractive and useful condition. The development review board may require a performance bond to cover the costs of such phased reclamation of the site. This subsection shall not apply when the extraction is incidental to the construction of a building or a road on the same premises or where extraction will not exceed 100 cubic yards per year.

(2)

Reclamation plan. The plan for reclamation shall at least include:

a.

Grading so that no slope is steeper than 50 percent;

b.

Installation of at least four inches of topsoil;

c.

Mulching, fertilizing and replanting to prevent erosion;

d.

Provision for the stability of the entire site and erosion prevention;

e.

Provision for all drainage ways to be retained or relocated, and kept in a condition that prevents erosion; and

f.

Compliance with state department of environmental conservation best management practices.

(3)

Operating requirements. Extraction operations shall conform to the following:

a.

No blasting shall occur within 100 feet of any property line and no excavation or stockpiling of materials shall be located within 50 feet of any building, road or property line, unless other satisfactory agreement has been reached with the abutting property owner involved.

b.

No power-activated crushing or sorting machinery or equipment shall be located within 300 feet of any occupied building without consent of the occupants or within 300 feet of any street or property line without consent of the abutter. All such machinery shall be equipped with satisfactory dust elimination devices.

c.

During the period of excavation, slopes created in excess of 45 degrees (one to one slope) shall be adequately posted for public safety, until rehabilitation is completed.

d.

The operator shall control all surface drainage affected by the operation to prevent erosion debris and other loose materials from entering any drainage course, road or adjacent property. All provisions to control natural drainage shall meet with the approval of the development review board.

e.

Excavation shall not jeopardize the stability of soils at any property lines.

f.

Permanent structures shall comply with the setback and other requirements of the zoning district in which the operation is located.

g.

Stripping of topsoil for sale or for use on other premises, except soil made surplus by a construction project, may be permitted, provided that no less than four inches of topsoil is retained and reseeded over the entire stripped area.

h.

Compliance with state department of environmental conservation stormwater management regulations, as amended.

(Ord. No. O-2019-2, § 3.15, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

To qualify for the exemption from local zoning or to build a farm structure without following local zoning setbacks, a property owner must first demonstrate to the town that their operation is a "farm" as defined by state statutes and rules (see required agricultural practices (RAPs).

An exempt farm structure may exceed building height or footprint requirements.

A zoning permit is required to convert an exempt farm structure from an agricultural to nonagricultural use.

(Ord. No. O-2019-2, § 3.16, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The following requirements shall be met:

(1)

All slash and tops from within 50 feet of a public right-of-way shall be removed immediately.

(2)

No more than 50 percent of the basal area of standing timber within 50 feet of a public right-of-way may be cut.

(3)

Suitable measures for the prevention of excessive soil erosion onto public rights-of-way shall be installed and maintained.

(4)

Landowners who intend to conduct a heavy cut of 40 acres or more on land owned or controlled by the landowner are required by 10 V.S.A. Ch. 83 (10 V.S.A. § 2625) to file a "notice of intent to cut" with the department of forests, parks and recreation (FPR).

(Ord. No. O-2019-2, § 3.17, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Fuel storage and distribution facilities, as defined in section 30-6, are allowed in the general business, industrial/commercial, exit 7, and Industrial districts upon conditional use approval of the development review board, provided that the following conditions are also satisfied:

(1)

Minimum lot size shall be two acres.

(2)

Minimum side and rear yard setbacks shall be 75 feet.

(3)

Minimum front yard setback shall be 35 feet.

(4)

There shall be a landscaped screening area along the side and rear lot lines no less than 35 feet deep. Reasonable accommodations for sidewalks/walkways, and public spaces shall be made. Existing trees, shrubs, and other vegetation shall be preserved on the site to the extent possible.

(5)

A metal fence no less than six feet in height shall surround all equipment related to the storage and distribution of fuel.

(6)

The applicant shall provide a master plan for the build-out of the site that addresses the issues of truck circulation, containment of spills and emergency procedures in case of fire or explosion; conditional use approval is dependent on development review board approval of the master plan.

(7)

Facilities for the storage and transfer of pressurized gaseous fuels shall be separated from other fuels.

(8)

Fuel storage and distribution facilities must meet all state and federal safety standards.

(Ord. No. O-2019-2, § 3.18, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In all districts where allowed, gasoline stations or motor vehicle repair facilities shall comply with the following:

(1)

A gasoline station lot shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious institution.

(2)

Lot size shall be at least 15,000 square feet, and in no case shall it be smaller than the minimum lot allowed in the district in which the facility is located. New gasoline stations lot size minimum is 25,000 square feet.

(3)

Lot frontage shall be at least 150 feet.

(4)

Pumps, lubricating and other service devices shall be located at least 35 feet from the front, side and rear lot lines.

(5)

All fuel and oil shall be stored at least 35 feet from any property lines.

(6)

All automobile parts and dismantled vehicles are to be stored within a building, and no repair work that exceeds 15 minutes is to be performed outside a building.

(7)

There shall be no more than two access driveways from all streets. Construction of curb cuts shall be in accordance with state agency of transportation B-71 for commercial drives. The maximum width of each access driveway shall be 40 feet; the minimum shall be 24 feet.

(8)

A suitably curbed landscaped area shall be maintained at least five feet in depth along all street frontage not used as a driveway.

(Ord. No. O-2019-2, § 3.19, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Group home, level 1, in accordance with 24 V.S.A. § 4412(1)(G), shall be considered by right as a permitted single-family dwelling unit.

(b)

Group home, level 2, shall be reviewed as a multifamily dwelling and shall be subject to conditional use review.

(Ord. No. O-2019-2, § 3.20, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Home businesses, as defined in section 30-6, shall be allowed in districts as specified in article II of this chapter. Home businesses shall conform to the requirements of this section. A home occupation that grows to exceed the restrictions set forth in section 30-597 must obtain a permit as a home business in accordance with this section. A home business in a residential district that grows to exceed the restrictions of this section must relocate to a district in which the activity is a permitted or an allowed conditional use. A home business in a nonresidential district that grows to exceed the restrictions of this section must meet all requirements (including use restrictions) of the district in which it is located. The specific conditions for a home business are:

(1)

The home business is clearly secondary to the use of the building for dwelling purposes, and shall be operated by a resident of the dwelling;

(2)

The home business shall be carried on wholly within the dwelling/residence or accessory structures to the dwelling/residence, and shall occupy no more than 1,100 square feet of floor space home businesses carried on wholly within the dwelling/residence are limited to 50 percent of the dwelling area;

(3)

The home business shall employ no more than three on-premises employees who are not residents of the premises;

(4)

There shall be no exterior displays other than those permitted under these ordinances;

(5)

There shall be no exterior storage of materials, no exterior indication of the home business and no variation from the residential character of the principal structure;

(6)

Parking shall be provided off-street in accordance with section 30-658 of these ordinances which states: "…home businesses shall provide off-street parking for each non-resident employee and sufficient enough to accommodate all customers, but not less than one customer space";

(7)

A home business shall not include service or repair of motor vehicles or small combustible engine repair in medium density residential and high density residential zoning districts; and

(8)

Objectionable circumstances such as noise, vibration, smoke, odors, or electrical disturbance shall not be produced.

(9)

A sign not to exceed six square feet is allowed per section 30-677.

(Ord. No. O-2019-2, § 3.22, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Home occupations, as defined in section 30-6, shall be allowed in residential districts without a zoning permit, provided the occupation is carried on by a resident property owner(s) and that the occupation does not have an undue adverse impact on the character of the area. A home occupation that grows to exceed these restrictions in this provision shall require a permit as a home business.

(Ord. No. O-2019-2, § 3.23, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

An inn must have a resident manager or appropriate staff when occupied by guests, and shall:

(1)

Be allowed in all districts, except IND.

(2)

Require site plan approval from the development review board.

(Ord. No. O-2019-2, § 3.24, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Makerspaces, as defined in section 30-6, shall be allowed in districts as specified in article II of this chapter upon conditional use approval of the development review board, provided that the following conditions are also satisfied:

(1)

There shall be no outdoor storage of materials used or generated by the activity.

(2)

The potential for noise, fumes, and dust shall be evaluated by the development review board and a finding shall be made that no surrounding properties will be adversely affected by noise, fumes, or dust associated with the use.

(3)

No use shall, as part of normal operations, produce vibrations which are detectable without instruments at the property line.

(4)

The site shall provide sufficient loading and unloading areas so that traffic will not back up onto adjacent or nearby streets.

(5)

User access to the site shall be limited to those times as recommended by the development review board and such times shall be posted on the site.

(6)

Parking shall be provided in accordance with section 30-658.

(7)

Limited retail and tour-oriented observation hours, related to manufactured items, shall be set at days and times specified by the development review board.

(8)

Fire, explosive and similar safety hazards which would substantially increase the risk to an abutting property, or which would place an unreasonable burden on the fire department, shall be prohibited.

(Ord. No. O-2019-2, § 3.25, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Shall be allowed in the industrial commercial zoning district only.

(b)

Requires site plan review.

(Ord. No. 2022-2, 10-24-2022)

(a)

Applicability. A new or expanded mobile home park may be allowed in designated zoning districts subject to review by the development review board under article VII of this chapter, and the provisions of this section. All standards applicable to dwellings in the district within which the mobile home park is located shall apply equally to dwellings located within the park, unless otherwise specified below.

(b)

Application requirements. In addition to the application information required under section 30-722, the applicant for a mobile home park shall also submit a site development plan that shows the following:

(1)

Lot boundaries, required setbacks and buffers, and distances to the nearest intersecting streets;

(2)

Designated mobile home sites;

(3)

Existing and proposed building footprints and elevations, including existing buildings on adjoining lots which are within 100 feet of the boundaries of the mobile home park;

(4)

Existing and proposed vehicle and pedestrian circulation, including accesses, park roads, pedestrian paths, and parking areas;

(5)

Existing and proposed open spaces and other common areas;

(6)

Existing and proposed park infrastructure, including water and wastewater systems, utilities, drainage and stormwater management systems, and associated easements or rights-of-way; and

(7)

A detailed landscaping plan.

(c)

Siting requirements. All mobile home parks shall be sited on a lot that is:

(1)

A minimum of ten acres in area;

(2)

Served by a public or community water supply and wastewater system; and

(3)

Well-drained, with land and soil conditions that are suitable for park development.

(d)

Design standards.

(1)

The maximum number of mobile homes in a mobile home park shall not exceed four mobile homes per gross acre of the park.

(2)

The mobile home park shall meet all setback requirements for the district in which it is located. A landscaped buffer strip, not less than 20 feet in width, shall be provided along all property and street lines. The development review board may require increased setback distances and/or buffering and screening to minimize or avoid adverse impacts to adjoining properties and public rights-of-way.

(3)

Open space for recreation and playground purposes, occupying not less than ten percent of the gross mobile home park area, shall be provided in a convenient location for use by park residents. Such open space shall be suitably landscaped, equipped and furnished, and screened or protected from parking and service areas.

(4)

Designated rights-of-way for mobile home park roads shall be at least 50 feet wide; park roads shall have a maintained gravel or paved surface at least 20 feet wide and be adequately lighted.

(5)

Each individual mobile home shall be located on a site having a minimum width of 50 feet and a minimum area of 6,000 square feet, which is defined by four inches by four inches by three feet reinforced concrete markers at each corner.

(6)

Each mobile home, and associated accessory structures, shall be set back a minimum of 20 feet from adjoining sites and roadways.

(7)

Each site shall contain permanent, immovable service connections.

(8)

There shall be adequate off-street parking. Common parking areas, and bicycle racks or storage areas, for the use of residents and visitors may also be provided in accordance with section 30-658.

(e)

Operation and maintenance. The mobile home park owner, or designated operator, shall, as a condition of development review board approval:

(1)

Maintain all park buildings, roads, parking areas, paths, utilities, infrastructure, landscaping, open space and common areas in good condition, and shall provide for the regular collection and removal of recyclables, waste and garbage;

(2)

Remove snow from all park roads, parking and service areas; and

(3)

Not engage in retail sale of mobile homes in connection with the operation of the park.

Failure to meet these operation and maintenance requirements shall constitute a violation of permit conditions and this chapter, subject to enforcement action under article X, division 6 of this chapter.

(f)

Review of mobile home accessory structures. The owner of a mobile home within an approved mobile home park may apply for a zoning permit under article X of this chapter for a deck or accessory structure which meets site setback requirements under subsection (b) of this section, without additional approval by the development review board under article VII of this chapter.

(Ord. No. O-2019-2, § 3.26, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

State Law reference— Equal treatment of mobile homes, manufactured homes. 24 V.S.A. § 4412(1)(B).

Outdoor markets may be located in any district after receiving conditional use approval (section 30-723) from the development review board in accordance with the provisions of this chapter. The following requirements shall also be applied:

(1)

The applicant shall demonstrate that adequate parking is available for vendors' vehicles and customers' vehicles;

(2)

The applicant shall provide a satisfactory plan for controlling trash and other litter and preventing it from being deposited on nearby properties;

(3)

The applicant shall demonstrate that an adequate water supply will be available whenever the market is in operation;

(4)

The applicant shall demonstrate that adequate sanitary facilities will be available and operating whenever the market is in operation.

(Ord. No. O-2019-2, § 3.27, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Commercial storage facilities may be located in the high density residential, residential commercial and general business districts after receiving conditional use approval (section 30-723) from the development review board in accordance with the provisions of this chapter. The following requirements shall also be applied:

(1)

The applicant shall demonstrate that adequate parking and circulation are available for customers' vehicles.

(2)

The facility shall be designed to fit into the surrounding neighborhood and/or shall include landscaping that screens structures from view of the road and neighboring properties.

(Ord. No. O-2019-2, § 3.28, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4413(a), the following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use:

(1)

State or community owned and operated institutions and facilities.

(2)

Public and private schools and other educational institutions certified by the state department of education.

(3)

Public and private hospitals.

(4)

Churches and other places of worship, convents and parish houses.

(5)

Regional solid waste management facilities certified under 10 V.S.A. § 159.

(6)

Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a.

(Ord. No. O-2019-2, § 3.29, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

It shall be unlawful for any person to park a recreational vehicle/camper except:

(1)

In an approved campground;

(2)

In an approved camper sales lot; or

(3)

A recreation vehicle/camper parked on private property shall not be used as permanent living quarters and shall not be hooked up to any water or sewer utilities. An owner who invites someone to park a recreational vehicle/camper on their property shall not allow said use to exceed a period of time of 30 days.

(b)

No building or structure intended for human occupancy shall be erected, altered or converted to another use unless adequate potable water and wastewater disposal systems are provided in compliance with the state wastewater system and potable water supply rules and applicable state regulations.

(Ord. No. O-2019-2, § 3.30, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Small repair services are permitted in general business, central business, industrial/commercial and industrial districts and may be located in the residential commercial district after receiving conditional use approval (section 30-723) from the development review board in accordance with the provisions of this chapter. The following requirements shall also be applied: The activity is wholly conducted indoors.

(Ord. No. O-2019-2, § 3.31, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

A rooming house may be located in medium density residential, high density residential, general business, central business and residential commercial zoning districts after receiving conditional use approval (section 30-723) from the development review board in accordance with the provisions of this chapter. The purpose of this chapter is to provide safe living standards for rooming house occupants and to protect the character of the neighborhood in which the rooming house is located. This chapter does not include group homes as defined in section 30-6. The following requirements shall also be applied:

(1)

Sufficient off-street parking shall be provided at the rate of one parking space per bedroom or at the discretion of the development review board.

(2)

Each rooming house shall have no more than one kitchen facility whether shared or not.

(3)

Rooming houses are a conditional use in the high density residential, medium density residential, residential commercial, general business and central business zoning districts. Rooming houses are not permitted in any other zoning district.

(4)

The number of individuals housed in each bedroom of a rooming house will also be determined by the development review board through the site plan review and conditional use process.

(5)

A rooming house that exists on the date this section was adopted by the selectboard (January 5, 2017) may continue to exist as a nonconforming use for a period not to exceed two years, at which time the use shall cease, unless in the interim the development review board has granted the owner of the parcel a site plan review approval and conditional use approval of the use of the parcel for a rooming house, subject to the same standards as set forth in subsection (3) of this section. The grandfathering for a period of two years is subject to the owner registering a rooming house that existed prior to the passage of this section within 60 days of the date this section is adopted by the selectboard. A rooming house that exists at the time of the passage of this section, which use is discontinued for a period of 60 days, shall be a nonconforming use and rooming house use shall not be reestablished unless the owner of the parcel has obtained conditional use approval and site plan review approval of the rooming house use from the development review board.

(6)

Rooming houses shall comply with all requirements of the Vermont Rental Housing Code Enforcement Act 188.

(7)

Rooming house shall have rules that address safe living and protect the character of the neighborhood. Said rules shall be posted in a common living area.

(8)

The land owner shall place a Knox box on the property and register it with the town fire department.

(9)

The land owner shall register annually with the rental registry.

(10)

A certificate of occupancy will not be released until approval has been given by the state fire marshal, Springfield health officer and town administrative officer.

(Ord. No. 2022-2, 10-24-2022)

(a)

Purpose statement: To preserve existing farm buildings and barns and allow adaptive reuse as rural enterprises.

(b)

Rural enterprises, as defined in section 30-6, shall be allowed in residential/agricultural 2-acre, residential/agricultural 5-acre, land reserve 10-acre and land reserve 25-acre districts only. The specific conditions for a rural enterprise are:

(1)

Commercial activity must be carried on within the existing farm building only.

(2)

There shall be no restriction on how much square footage the business may occupy within the structure.

(3)

No outside storage of materials or exterior indication of a rural enterprise and no variation from the illusion of a farm building.

(4)

A rural enterprise may employ up to five employees, not including the owner of the property.

(5)

Suggested uses may include: yoga studio, artist studio, woodworking shop, commercial kitchen, etc.

(6)

Prohibited uses: industrial or heavy manufacturing, trucking business, retail sales of products not produced onsite, commercial warehouse or other uses not conducive to the character of the area or impacts on class 3 roads (unpaved, rural roads).

(7)

Parking to be located at the rear of the building or at the discretion of the development review board if extenuating circumstances exist.

(8)

Must comply with all local and state permitting. All applicable permits must be obtained before a final certificate of occupancy will be issued.

(9)

A conditional use permit is required.

(10)

Signs allowed per section 30-677(b).

(Ord. No. O-2019-2, § 3.32, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Salvage and recycling facilities are of two types:

(1)

Class I facilities accept and process only household wastes such as paper, plastic, glass, newspaper, tin cans, small appliances, etc.

(2)

Class II facilities accept and process larger appliances such as motor vehicles, mechanical equipment, industrial waste, construction debris, etc.

(b)

Class I salvage and recycling facilities may be allowed in the General Business district as a conditional use in accordance with the provisions of section 30-723, and following site plan approval by the development review board in accordance with the provisions of section 30-722.

(c)

Class II salvage and recycling facilities may be allowed in the IND districts in conjunction with a regional solid waste management facility as a conditional use in accordance with the provisions of section 30-723, provided that it is licensed to operate in the state in accordance with 24 V.S.A. § 2241 et seq.

(Ord. No. O-2019-2, § 3.33, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

State Law reference— Salvage yards, 24 V.S.A. § 2241 et seq.

Seasonal stands for the sale of agricultural produce may be located off-site, provided that:

(1)

All stands shall meet the setback requirements of the district in which they are located.

(2)

Off-street parking shall be in compliance with section 30-658 and section 30-722.

(3)

Applicants shall contact the state department of transportation and/or town department of highways for access review.

(Ord. No. O-2019-2, § 3.34, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

The town recognizes the benefit of short-term rentals to homeowners, visitors and the community. However, it is important not to create a nuisance or change the residential character of the area. A permit is not required during foliage season (September 15 through October 21) when the owner or primary tenant is in residence throughout the rental period and the provisions of subsections (b)(4) through (b)(7) of this section are met.

(b)

The following provisions shall apply to ensure that the commercial use of residential property does not adversely affect the neighborhood in which short-term rentals are located:

(1)

Conditional use approval is required for rental periods of fewer than 30 days.

(2)

All associated parking shall be on-site in designated spaces and comply with section 30-658.

(3)

Rubbish service shall be provided.

(4)

Notice to renters of house rules pertaining to parking, rubbish, noise, parties, etc., shall be visibly displayed in the dwelling.

(5)

Name, address and telephone number of a manager shall be filed with the application and kept up to date.

(6)

Prohibitions:

a.

Weddings, parties, catered events, and similar events.

b.

Signs and other outside indications the dwelling is used as a short-term rental.

c.

Outdoor activities between 9:00 p.m. and 7:00 a.m.

(7)

A change of ownership shall require a new permit.

(Ord. No. O-2019-2, § 3.35, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In the IND district, facilities for the temporary storage and transfer or disposal of refuse and waste materials are allowed as a conditional use in accordance with the provisions of section 30-723, provided that the facility meets all of the requirements for solid waste management facilities established by the state.

(Ord. No. O-2019-2, § 3.36, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

See broadcast facilities, section 30-584.

(Ord. No. O-2019-2, § 3.37, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Temporary structure permits, on subject construction site property, may be issued by the administrative officer for a period not to exceed six months, for nonconforming uses incidental to construction projects (use of a trailer/mobile home for office or storage space) or for special events (large tent for wedding, etc.).

(b)

Temporary structures, building or tents intended for public assembly use (larger than 1,200 square feet) are considered a public building by the state fire marshal and shall require a state permit and a zoning permit for site plan review (section 30-722).

(c)

The permit shall be conditioned upon agreement by the owner to dismantle and remove the structure upon expiration of the permit. Such permits may be renewed upon application for an additional six-month period.

(d)

Such a structure shall comply with all setback standards and other dimensional standards for the district in which it is located, and shall not be used for dwelling purposes.

(Ord. No. O-2019-2, § 4.22, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Nothing in this chapter shall limit the ability of the town to provide for the removal, repair or demolition of any building determined to be unsafe in accordance with the provisions of chapter 8, article II.

(Ord. No. O-2019-2, § 4.23, 9-23-2019; Ord. No. 2022-2, 10-24-2022)