The following general standards, including provisions required under 24 V.S.A. § 4412, apply to all uses and structures as specified within the town.

(Ord. No. O-2019-2, § 4.0, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

In accordance with 24 V.S.A. § 4412(3), no land development may be permitted on lots which do not have either frontage on a public road (class 1, 2 or 3 town highway) or public waters, or with the approval of the development review board, access to such a road or waters by a permanent easement or right-of-way at least 20 feet in width. Such rights-of-way shall serve no more than two lots or dwelling units. For access subject to development review board approval, the development review board may consider intended use, safety, traffic, and road and site conditions in granting or denying such approval.

(b)

All new accesses proposed after the effective date of this chapter are subject to all access and frontage requirements contained herein, as well as applicable provisions of the town subdivision regulations and town driveway standards. A change in use, expansion of an existing use or significant modification of an existing access shall be subject to these provisions.

(c)

Access onto town highways is subject to the approval of the selectboard or its designee, and for state highways, the state agency of transportation. As a condition of access approval, compliance with all municipal land use regulations is required. Local access permits or state access letters of intent must be obtained prior to the issuance of a zoning permit.

(d)

Lot frontage requirements apply to lots served by private development roads as well as lots served by public roads.

(e)

In no case shall any development be permitted which is accessible only by intersection with a class 4 town highway. However, the applicant may petition the town selectboard to upgrade the highway, if the public good and necessity requires, to a class 3 town highway, but in so doing the applicant shall bear the costs of upgrading that road.

(f)

With the exception of accesses used solely for agricultural or forestry purposes, no lot shall be served by more than one access. Additional accesses may be approved by the development review board in the event that:

(1)

The additional access is necessary to ensure vehicular and pedestrian safety;

(2)

The strict compliance with this standard would, due to the presence of one or more physical features (e.g., rivers and streams, steep slopes, wetlands), result in a less desirable development or subdivision design than would be possible with the allowance of an additional access; or

(3)

A traffic management plan is developed in association with a planned unit development approved in accordance with article VIII of this chapter.

(g)

Applicants for a zoning permit for any parcel where the number of existing accesses exceeds the number allowed under this section must eliminate or combine accesses in order to meet the applicable standards unless otherwise approved by the appropriate municipal panel.

(h)

An access shall be located at least 100 feet from any intersection of public road rights-of-way (125 feet from centerline) for all uses except single- and two-family dwellings, which shall be at least 50 feet from such intersections (75 feet from centerline), unless otherwise approved in accordance with conditional use approval under section 30-723 or subdivision approval.

(i)

Shared accesses are encouraged, and may be required for development subject to subdivision, site plan and/or conditional use approval. The interests of each owner shall be protected by an agreement of deed provisions for private, joint maintenance of the common access.

(j)

Private road accesses serving more than three lots shall be subject to E911 assignments and town road standards, that is, the Town Road and Bridge Standards, Town of Springfield, Vermont, adopted by the selectboard on January 27, 2014, and as from time to time amended.

(k)

All driveways shall meet the following standards:

(1)

Driveways shall be constructed to town driveway standards (see town road and bridge standards) unless otherwise required under subdivision, site plan or conditional use review.

(2)

No driveway shall exceed a slope of three percent within 35 feet of an intersection with the travel-way of a road, or shall intersect with a road at a horizontal angle of less than 70 degrees.

(3)

Driveways that exceed a 12 percent grade must provide a detailed driveway plan and driveway profiles prepared by a state licensed engineer. Driveways must not exceed a 15 percent grade.

(4)

Driveways exceeding 400 feet in length must include, at minimum, one 12-foot by 50-foot pull-off area.

(5)

Driveway construction shall not occur between October 31 to April 1.

(Ord. No. O-2019-2, § 4.1, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Conversions or changes in the use of land, existing buildings, or other structures are subject to the provisions of this chapter as follows:

(1)

The proposed use shall be subject to all the requirements of this chapter pertaining to such use, including, but not limited to, any district, general or specific requirements, as well as subdivision regulations and all other municipal regulations currently in effect.

(2)

An accessory structure such as a garage or barn may be converted to a principal use allowed within the district in which it is located only if the structure is located on a subdivided lot which conforms to the lot size, setback, parking and other requirements applicable to the relevant district and proposed use.

(3)

A conversion or change of use from one permitted use to another permitted use which involves the creation of new floor space or outdoor storage space, requires additional on-site parking, or has different minimum lot size or dimensional requirements, will require a zoning permit issued by the administrative officer under article X, division 2 of this chapter. Site plan review under section 30-722 may also be required.

(4)

A conversion or change from a permitted use to a conditional use may be approved by the development review board subject to conditional use review under section 30-723.

(5)

A conversion or change of use involving a nonconforming use and/or structure is also subject to review under section 30-647.

(Ord. No. O-2019-2, § 4.2, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Except as provided in 24 V.S.A. §§ 4412(1)(E) and 4414(1)(E), design review districts, and 24 V.S.A. § 4414(1)(F), local historic districts and landmarks, no ordinance shall have the effect of excluding mobile homes, modular housing or prefabricated housing from the town, except upon the terms and conditions as conventional housing is excluded.

(b)

Ordinance shall designate appropriate districts and reasonable regulations for multi-unit or multifamily dwellings. No ordinance shall have the effect of excluding these multi-unit or multifamily dwellings from the town. (24 V.S.A. § 4412(1)(D).)

(c)

No ordinance shall have the effect of excluding low- and moderate-income housing.

(Ord. No. O-2019-2, § 4.3, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

All permitted and conditional uses must be in compliance with all other regulations, including all federal, state and local regulations. Where there are inconsistencies between regulations, the more stringent regulations shall apply.

(Ord. No. O-2019-2, § 4.4, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Within three months of a structure being damaged or destroyed by any cause, the owner must act to either:

(1)

Stabilize and secure it as necessary to protect public health and safety and to protect it from the elements, prior to commencing reconstruction; or

(2)

Demolish it and remove all structural materials and debris from the site, restore the site to a natural grade, and re-establish ground cover to prevent erosion.

(b)

The administrative officer may grant up to three ten-month extensions upon finding that the site does not pose a hazard to public health or safety and that the owner has reasonable cause for not commencing repair, reconstruction or demolition.

(c)

A zoning permit will not be required to repair or reconstruct a damaged or destroyed structure and use it as before, provided that:

(1)

Repair or reconstruction commences within three months of the damage or destruction, or of the extension;

(2)

The structure as repaired or reconstructed does not exceed the original floor area;

(3)

The structure as repaired or reconstructed will be located within the original footprint.

(4)

Nonconforming structure. If a nonconforming structure is damaged or destroyed, the structure as repaired or reconstructed shall not be more nonconforming than the original structure. However, properties in the flood hazard areas will require a permit to repair or reconstruct.

(Ord. No. O-2019-2, § 4.5, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Filling of land with loam, rock, stone, gravel, sand or other such material when incidental to development or construction which has been granted a permit under this chapter, is allowed in any district, except the SFHA, provided that:

(1)

The filled surface is graded to a slope no steeper than one on two, covered with four inches of topsoil, mulched, fertilized and re-seeded to prevent erosion; and

(2)

Natural drainage flows are not obstructed or diverted onto adjacent property.

(Ord. No. O-2019-2, § 4.7, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Except within 2,000 feet of an aircraft landing strip, nothing herein contained shall be interpreted to limit or restrict the height of silos, church spires, cupolas, bells, clocks, fire and observation towers, antenna structures, wind turbines with blades less than 20 feet in diameter, and roof-top solar collectors less than ten feet high, which are mounted on complying structures, broadcast facilities, or essential public utility structures per 24 V.S.A. § 4412(6).

(b)

Broadcast facilities, wireless telecommunications facilities, water or cooling towers, oil or gas holders, elevator bulkheads, chimneys or similar structures in excess of the height limitation for the district in which they are to be located may be approved upon conditional use approval by the development review board.

(c)

With the exceptions specified in subsections (a) and (b) of this section, height limitations for all structures shall be as specified for the individual zoning districts.

(Ord. No. O-2019-2, § 4.8, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

If land development authorized by a zoning permit is not substantially completed prior to the permit expiring, the applicant shall demolish or secure any partially completed structures, remove all structural materials from the site, restore the site to a natural grade, and re-establish ground cover to prevent erosion. The site shall be cleaned up, secured and stabilized within six months after the permit expires.

(Ord. No. O-2019-2, § 4.9, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The residents of the town recognize that inappropriate and poorly designed or installed exterior lighting can cause unsafe and unpleasant conditions and limit the ability to enjoy the night-time sky. To reduce these undesirable effects, the following regulations are established:

(1)

Applicability. On all properties falling within the observatory protection overlay district, and in all other districts, all properties except those of one- and two-family residential structures and active farms, the installation or replacement of any exterior lighting fixtures shall require a zoning permit, and said permit may not be issued unless the proposed installation is found (by the development review board or the administrative officer) to conform to all applicable provisions of this section.

a.

When the lighting installation or replacement is part of a development proposal for which site plan approval is required under this chapter, the development review board shall review and approve the lighting installation as part of its site plan approval.

b.

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

c.

The applicant shall submit to the town sufficient information (site plans, specifications, designs, analyses, etc.) to enable the town to determine that the applicable provisions will be satisfied.

(2)

Exterior lighting in the exit seven (E7) district, industrial (IND) district, industrial/commercial (IND/C) district, residential commercial (RC) district, central business (CB) district, general business (GB) district, high density residential (HDR) district, and medium density residential (MDR) district.

a.

Parking lot lighting, where provided.

1.

All lighting fixtures serving parking lots shall be low angle cut-off fixtures as defined by the Illumination Engineers Society of North America (IESNA). Such fixtures limit 90 percent of the light to a cone falling below 80 degrees from the vertical, ten percent to the area between 80 and 90 degrees from the vertical, and prevent any light from being radiated above 90 degrees from the vertical.

2.

Lighting fixtures shall be mounted no more than 25 feet above the surface of the parking lot.

3.

Lighting levels shall be measured as the horizontal illuminance of the parking lot surface and measured in footcandles. For safety purposes, the minimum illuminance provided shall not be less than 0.2 footcandles.

4.

The uniformity of illumination shall be measured by a uniformity ratio defined as the ratio of the average level of illuminance divided by the minimum level. This ratio shall not exceed 4:1.

5.

The light source (lamp or bulb) shall be of a type having a color rendering index (CRI) of no less than 60.

b.

Security lighting. The purpose of and need for security lighting must be explicitly stated, and the area to be illuminated for security purposes shall be specifically delineated. To the extent that the designated area is illuminated by lighting for other purposes, independent security lighting installations will be discouraged.

1.

All security lighting fixtures shall be shielded and aimed so that illumination is directed only to the designated area. In no case shall lighting be directed above a horizontal plane through the lighting fixture.

2.

Security lighting fixtures shall be mounted no more than 25 feet above grade.

3.

The average lighting level on the ground in the designated area shall not exceed 2.0 footcandles.

4.

Vertical surfaces (i.e., building facades and walls) may be illuminated up to a level eight feet above grade or eight feet above the bottoms of doorways or entries, whichever is greater. The average lighting level on such vertical surfaces shall not exceed 2.0 footcandles.

5.

Security lighting fixtures may be mounted on poles located no more than ten feet from the perimeter of the designated secure area.

6.

Security lights intended to illuminate a perimeter (such as a fence line) shall include motion sensors and be designed to be off unless triggered by an intruder located within five feet of the perimeter.

7.

The light source (lamp or bulb) shall be of a type having a color rendering index (CRI) of no less than 60.

c.

Illuminated signs. Illuminated signs shall meet the requirements set forth in the signs section of this chapter (article V of this chapter).

d.

Street lighting. Street lighting shall meet the standards set forth in the town's public works specifications and subdivision regulations, and shall be cutoff fixtures as defined in subsection (2)a.1 of this section.

(3)

Exterior lighting in all other districts. In all other districts, commercial parking lot lighting and street lighting are to be discouraged.

a.

Where the development review board determines that parking lot lighting is needed, it shall conform the requirements of subsection (2)a of this section.

b.

Where the development review board determines that street lighting is needed, it shall conform to the requirements of subsection (2)d of this section, and shall be installed to illuminate intersections and other potential danger points only.

(4)

Observatory protection overlay district. Exterior lighting on properties falling all or partly within the observatory protection overlay district shall conform to all requirements of the overlay district, in addition to all requirements of this section.

(Ord. No. O-2019-2, § 4.10, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Reduction of lot area. No lot shall be so reduced in area that the area, yards, lot width, frontage, coverage or other requirements of this chapter shall be smaller than herein prescribed for each district. The provisions of this section shall not apply when part of a lot is taken for a public purpose; this provision is not subject to variance consideration by the development review board.

(b)

Required area of yards. Space required under this chapter to satisfy area or other open space requirements in relation to one building shall not be counted as part of a required yard, area or open space for any other building.

(c)

Yards adjoining a street. Any yard adjoining a street shall meet the front yard setback requirements of this chapter.

(d)

Lots in two districts. Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the development review board may, as a conditional use, permit the extension of either district beyond the existing boundary into the portion of the lot falling outside of that district by an amount not to exceed the following limits:

(1)

In the land reservice 25-acre, land reserve 10-acre, residential/agricultural 5-acre and residential/agricultural 2-acre: 100 feet;

(2)

In all other districts: 50 feet.

(e)

Existing small lots. Any lot that is legally subdivided and is in existence prior to the enactment of this zoning ordinance, including an interim zoning ordinance, may be developed even if it no longer complies with minimum lot size standards. Existing small lots are subject to all requirements as set forth for the zoning district in which the lot is located except lot size and setback. Setbacks shall comply with lot sizes in districts to which the existing small lots can compare by size and use.

(Ord. No. O-2019-2, § 4.11, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

More than one structure and/or more than one use may be allowed on a single lot, provided that the following conditions are satisfied:

(1)

General.

a.

If any of the uses or structures requires conditional use approval, approval shall be obtained for all structures or uses.

b.

If any of the uses or structures requires site plan approval, approval shall be obtained for all structures or uses.

c.

Off-street loading and parking requirements, specified in section 30-658, shall be satisfied for all uses and structures.

(2)

Multiple structures on a single lot.

a.

All structures shall satisfy all setback requirements for the district in which the lot is located.

b.

The maximum structure coverage limitation for the district shall be satisfied by the total of all structures on the lot.

(3)

Multiple uses on a single lot. All uses shall be allowed in the district in which the lot is located.

(Ord. No. O-2019-2, § 4.12, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Nonconforming uses. The following provisions shall apply to all uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all existing uses that in the future do not conform because of any subsequent amendment to this chapter:

(1)

Any nonconforming use of a structure or land may be continued indefinitely.

(2)

No nonconforming use shall be added to, expanded or enlarged.

(3)

A nonconforming use shall not be changed to another nonconforming use without approval by the development review board, and then only to a use which, in the opinion of the development review board, is no more nonconforming than the previous nonconforming use.

(4)

A nonconforming use shall not be re-established if such use has been discontinued for a period of 12 months or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

(5)

A building that houses a nonconforming use may be enlarged or rebuilt after being damaged for any reason, so long as the space devoted to the nonconforming use is no more than existed prior to the enlargement or rebuilding, and the nonconforming use is reinstated within two years of such damage; if the restoration of such building, regardless of intent, is not completed within two years the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged part of the building.

(b)

Nonconforming structures. The following provisions shall apply to all buildings and structures existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all existing structures that in the future do not conform because of any subsequent amendment to this chapter:

(1)

A nonconforming structure may continue to be occupied and used indefinitely.

(2)

Nothing in this section shall be deemed to prevent normal maintenance and repair of a nonconforming structure, provided that such action does not increase the degree of nonconformity.

(3)

A nonconforming structure which is damaged or destroyed by 75 percent of its market value by any event may not be rebuilt without conditional use approval by the development review board, and the rebuilt structure must be at least as much in conformity as the original structure.

(4)

A nonconforming structure may be moved, enlarged, altered, extended, reconstructed or restored, provided that the extension or expansion is in conformance with all provisions of this chapter, and that the extension or expansion does not increase the degree of nonconformity of the original structure. This section shall not be construed to permit any unsafe structure, or to affect all proper procedures to regulate or prohibit the unsafe use of a structure.

(c)

Nonconforming lots. See the existing small lot provisions in subsection 30-655(e).

(Ord. No. O-2019-2, § 4.13, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

Loading. For every building hereafter erected, altered, extended or changed in use for the purpose of business, trade, or industry, there shall be provided gravel or paved surfaced off-street space for loading and unloading of vehicles as set forth below:

(1)

Hotels, motels, hospitals, commercial, business, service and industrial establishments: One off-street loading space of at least 2,500 square feet for every 10,000 square feet of floor area.

(2)

Wholesale, warehouse, freight, and trucking use: One off-street loading space of at least 1,000 square feet for every 7,500 square feet of floor area.

(b)

Parking. Off-street parking spaces shall be provided in accordance with this section in all districts when any use is established or any existing use is enlarged.

(1)

Dimensions. Parking spaces and maneuvering aisles shall have minimum dimensions as shown in the following table:

(2)

Within the central business district, there are no minimum parking space or loading requirements, but any parking or loading areas that will be provided shall meet the other provisions of this section (30-658). In addition, no additional off-street surface parking in the central business district may be constructed between the street and the front on the building (this does not apply to parcels where parking is the principal use).

(3)

Home business. Home businesses shall provide off-street parking for each non-resident employee and sufficient to accommodate all customers, but not less than one customer space.

(4)

In all districts other than the central business district, off-street parking shall be required as follows:

*The development review board may reduce these requirements when the applicant demonstrates that the use is a low traffic generator. Typically, when calculated to end with 0.5, round up parking spaces that are required.

(c)

On-site parking, loading, and/or service area requirements. On-site parking, loading, and/or service area requirements may be reduced or waived by the development review board under site plan or conditional use review, based on a determination under one or more of the following provisions that, due to circumstances unique to the development, the strict application of these standards is unnecessary:

(1)

Green areas are to be set aside and maintained as open space for future conversion to parking, loading or services area in the event that the amount of space initially permitted is deemed inadequate to meet demonstrated need;

(2)

Shared use of parking, loading and/or service areas on the same or contiguous lots by two or more establishments is proposed;

(3)

Sufficient off-site parking has been procured (e.g., through lease agreements) in a private or municipal parking lot;

(4)

The proposal is specifically for the development of multifamily, elderly or affordable housing; or

(5)

In the central business district for any permitted or conditional use (except any dwelling unit or establishment that provides overnight accommodations) that is within 300 feet of a municipal parking facility.

(Ord. No. O-2019-2, § 4.14, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In accordance with 24 V.S.A. § 4414(5), the following standards of performance are to be met and maintained by all uses in all districts. In determining ongoing compliance, the burden of proof shall fall on the applicant, property owner, and/or all successors and assigns.

(1)

No land or structure in any zoning district shall be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable conditions which adversely affect the reasonable use of adjoining or nearby properties.

(2)

The following standards apply to all uses, with the exception of agriculture and forestry. In determining ongoing compliance, the burden of proof shall fall on the applicant and/or all successors and assigns. No use, under normal conditions, shall cause, create or result in:

a.

Noticeable, or clearly apparent vibration which, when transmitted through the ground, is discernible at property lines without the aid of instruments;

b.

Smoke dust, odors, noxious gases, or other forms of air pollution which constitute a nuisance to other landowners, businesses, or residents; which endanger or adversely affect public health, safety, or welfare; which cause damage to property, business, or vegetation; or which are offensive or uncharacteristic of the area;

c.

Releases of heat, cold, moisture, mist, fog, precipitation or condensation beyond the property lines of the property on which it is located, or to a height likely to be detrimental to the public safety, health, or welfare;

d.

Any electromagnetic disturbances, or any electronic emissions or signals which will repeatedly and substantially interfere with the reception of radio, television, or other electronic signals, or which are otherwise detrimental to the public health, safety and welfare, beyond the property lines of the property on which it is located;

e.

Glare, light or reflection which constitutes a nuisance to other property owners or tenants, which impairs the vision of motor vehicle operators, or which is detrimental to the public health, safety, or welfare;

f.

Liquid or solid wastes or refuse in excess of available capacities for proper disposal; which cannot be disposed of by available or existing methods without undue burden to municipal facilities; which pollute groundwater and surface water; or which are otherwise detrimental to the public health, safety, and welfare;

g.

Undue fire, safety, explosive or other hazard which endangers neighboring properties, or the general public, or which results in a significantly increased burden on municipal facilities and services; or

h.

Noise in excess of the following decibel levels at the property line:

1.

General external exposure levels—dB(A) (decibels in a scale perceptible to the human ear).

i.

Unacceptable:

(A)

Exceeds 80 dB(A) 60 minutes per 24 hours;

(B)

Exceeds 75 dB(A) eight hours per 24 hours;

ii.

Discretionary, normally unacceptable:

(A)

Exceeds 65 dB(A) eight hours per 24 hours;

(B)

Loud repetitive sounds on site;

iii.

Discretionary, normally acceptable: Does not exceed 65 dB(A) more than eight hours per 24 hours.

2.

Land use category.

i.

Tracts of land in which serenity and quiet are of extraordinary significance and serve an important public need, and where the preservation of those qualities is essential for the area to continue to serve its intended purpose. Such areas could include amphitheaters, parks, or portions of parks, or open spaces which are dedicated to, or recognized for, activities requiring special qualities of serenity and quiet. Decibel level—60 dB(A).

ii.

Residences, motels, hotels, public meeting rooms, schools, churches, libraries, hospitals, picnic areas, recreation areas, playgrounds, active sports areas, and parks. Decibel level—70 dB(A).

iii.

Developed lands, properties or activities not included in subsections (2)h.2(i) and (ii) of this section (see subsection (2)h.1 of this section).

3.

Exemptions. Emergency standby generators are exempt from these requirements.

(3)

Agricultural operations are subject to required agricultural practices (RAPs) as defined and administered by the state agency of agriculture.

(4)

Forestry operations are subject to acceptable management practices (AMPs) as defined and administered by the state department of forests, parks and recreation.

(Ord. No. O-2019-2, § 4.15, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

No wall, fence or shrubbery shall be erected, maintained or planted on any lot which obstructs or interferes with traffic visibility or public safety. Fences that are below six feet in height and meet the setbacks for the districts in which they are located do not need a permit. (See exemptions, section 30-916.)

(1)

Fences may be erected on side and rear property lines (i.e., perimeter fences) and are not required to meet setback requirements unless they border a highway/sidewalk right-of-way.

(2)

Perimeter fences along both the side and rear property lines shall not exceed six feet in height.

(3)

Fences along front lot lines shall not exceed four feet in height.

(4)

development review board An exemption may be granted in special circumstances with conditional use approval from the development review board if the following conditions are met:

a.

The fence will have no adverse impact on adjacent properties or the character of the neighborhood;

b.

The fence is required for the safe operation of the permitted activities on the property.

c.

The fence is not in the highway right-of-way.

(5)

Additionally, an owner whose property is on a steep slope may petition the development review board for permission to place a six foot fence on the front elevation of their property.

(6)

Fences shall not be located within the triangular area formed by the lot lines at a street intersection and the line connecting them at points 30 feet from the intersection of the lot lines.

(7)

Fences shall not deprive adjacent property owners of light and air.

(8)

Electric fences are permitted only for agricultural purposes.

(9)

Fences shall be located no closer than five feet from any abutting highway, road, street or sidewalk.

(10)

Fences abutting state roads shall adhere to state agency of transportation right-of-way setbacks and shall not infringe upon sight lines. Applicant must contact the Vermont Agency of Transportation (802-254-5011) as setbacks will vary from roadway to roadway and segment to segment.

(11)

Any fence proposed to be placed within the public right-of-way shall require selectboard or Vermont Agency of Transportation approval.

(Ord. No. O-2019-2, § 4.6, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

In the enforcement of this chapter, there shall be no interference with permitted and conditional uses which were in existence prior to the adoption of this chapter, until or unless they are enlarged or changed.

(Ord. No. O-2019-2, § 4.16, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

(a)

No scrap or waste material not originating on the premises may be stored or disposed of on any lot, except at a state certified solid waste disposal or transfer facility.

(b)

No scrap or waste material originating on the premises may be stored on any lot unless within a building, except that 30 days shall be allowed for the removal of scrap or waste material resulting from a construction operation, or from fire, flood or similar emergency. Outdoor storage shall not be permitted in excess of 30 days except with the issuance of a temporary zoning permit by the administrative officer for a period not to exceed 30 days. Further extensions may be granted by the development review board subject to review under article VII of this chapter.

(c)

No snowmobile, boat, or other recreational vehicles that have remained unregistered or uninspected for the past 30 days shall be parked in the front yard in any district. When such vehicles or boats are stored elsewhere, they shall be stored in a manner that conforms with accessory uses. No unregistered or uninspected motor vehicle shall be parked on the premises, outside of a structure, in any district for more than 30 days.

(Ord. No. O-2019-2, § 4.17, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

All development involving the excavation, filling, or regrading of land having a slope of 20 percent or more shall be subject to review by the development review board under article VII of this chapter. Under this provision, the development review board shall require, for review and approval, the submission of erosion control and stormwater management plans, prepared by a licensed professional engineer which:

(1)

Cover all phases of development, including site preparation, construction, and post-construction;

(2)

Incorporate best management practices for erosion control and stormwater management as defined by the state department of environmental conservation; and

(3)

Identify related long-term maintenance and management requirements.

(Ord. No. O-2019-2, § 4.19, 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The storage of all flammable materials and the equipment in which they are stored are controlled under the fire and building safety code of the state as administered by the state fire marshal. Storage of flammable materials (other than bulk storage for commercial distribution) consistent with this Code is permitted in some zoning districts, but will require a zoning permit if the storage capacity is over 1,000 gallons. Bulk storage for commercial distribution is only allowed in general business and industrial districts.

(Ord. No. O-2019-2, § 4.20, 9-23-2019; Ord. No. 2022-2, 10-24-2022)