Changes to Draft Mount Holly Land Use Ordinance
CHANGES TO DRAFT MOUNT HOLLY LAND USE ORDINANCE
(incorporated into 9/13/05 draft)
Section / Issue / Revisions / Comments / Action1 / Flood Hazard Overly District / The Federal government has changed the regulations of federally designated Flood Hazard Districts. The proposed language brings us into compliance with Federal law. / Revisions recommended by Paul Conner, Rutland Regional Planning Commission affecting the following sections: 202, 203, 507, 508, 1003, 1004, 1402, 1802. Flood Hazard Overlay District removed from Table of Uses and section 401 (Minimum Lot Size, Setbacks, and Width). / The Select Board should rescind the existing Flood Hazard District ordinance at the same time as it adopts this ordinance. / Adopted 7/25/05
2 / Section 301: Land Use Regulations and Districts / Some of the permitted uses in the Rural Residential District are inconsistent with this District’s stated goals. (Don Eatmon) / The following uses were changed from P to C in the Table of Uses for the Rural Residential District: General Store, Museum/Gallery, Residential Care/Group Home, and Restaurant. / The stated purpose of this district is “To maintain a rural, working landscape outside the Town’s historic and future settlement areas allowing for limited residential development and home-based businesses that fit into the context of the area…” but we want to allow some flexibility to permit additional development (subject to conditional use review) that is not necessarily inconsistent with these goals. / Adopted 7/25/05
3 / Section 401: Minimum Lot Size, Setbacks, and Frontage / The name of this section no longer reflects the content. / Section 401: Minimum Lot Size, Setbacks, and FrontageWidth / We eliminated the lot frontage requirements in order to permit development of larger parcels, especially in the Rural Residential District, via private road. Lot width minimums prevent the creation of “spaghetti” lots without limitation options for development of larger lots. / Adopted 7/25/05
4 / Section 402: Rural Residential District Density and Lot Sizes / Name of section is incorrect in current draft. / Section 402: Rural Residential District Density and Lot Sizes / Adopted 7/25/05
5 / Section 402: Rural Residential District Density and Lot Sizes / See comments on definition of lot, above. If someone owns 2 20-acre lots under the current proposal, they would be permitted 3 homesites (because they are contiguous, they would be treated as one 40-acre parcel); if the lots were treated independently (i.e., if two different people owned them), the owners would each be permitted 2 homesites, or 4 in total. (Sue Covalla) / 1."Parcel Area" shall be the acreage on the effective date of this provision [DATE] of the contiguous taxable property under the same ownership or control. A set of property maps is on file in the Town Offices. / This clause is being eliminated and the word “lot” substituted for “parcel” throughout this section. / Adopted 7/25/05
6 / Section 802: Existing Small Lots / People on existing small lots (or people who purchase existing small lots) may have trouble meeting setback requirements. (Dave Slivka) / Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from surrounding properties, and is in existence on the date of enactment of any bylaw, including an interim bylaw, may be developed for the purposes permitted in the district in which it is located, even though the small lot no longer conforms to minimum lot size requirements of the new bylaw or interim bylaw.
A waiver for development within established setbacks (see Section 401) on an existing small lot may be granted by the DRB, after public hearing, provided:
A. Such does not create a greater nuisance or detriment to the public health, safety, or welfare than any existing structure;
B. There will be no undue, adverse affect on the character of the neighborhood;
C. Setbacks of at least five feet are maintained from all property lines; and,
D. The land development conforms to all other requirements applicable under these regulations. / The first deletion was overlooked; we have previously agreed not to require owners of contiguous lots to merge them. The addition provides for a waiver of setback requirements subject to DRB review to permit development on existing small lots / Adopted 7/25/05
7
/Section 813: Destroyed or Demolished Structures
/ Historic foundations would not be protected. (Marcy Tanger) / Within (1) year after a permanent or temporary building or structure has been destroyed, partially destroyed, demolished, or rendered unusable for its intended purpose, all structural materials shall be removed from the site, and the excavation thus remaining shall be covered over or filled to the normal grade by the owner.Upon application to the Administrative Officer, one extension of a specified time period may be approved.
Foundations of structures over 100 years old as of the effective date of the Land Use Regulations would be exempt from this provision. / Adopted 7/25/05
8 / Section 819: Erosion Control and Development on Steep Slopes / The current restrictions would dramatically limit the amount of buildable land in MountHolly. (Ron Unterman and others) / All development involving the excavation, filling and/or re-grading of land having an average slope of 8% 16% or more shall be subject to review and approval by the DRB under conditional use review in Article V.
DRB approval may be contingent upon the submission of an adequate erosion and sedimentation control plan prepared by a qualified professional. Where excavation, grading, re-grading, or filling is conducted in association with forest management activities, an erosion control plan may be prepared by a professional forester.
Such plan shall provide detailed erosion and sedimentation control measures to be employed during all stages of the development, including the maintenance of such measures (including site preparation, construction and post-construction).
The DRB may waive compliance with this provision in situations involving minimal disturbance of the site and/or limited areas of steep slope in which the development clearly poses a negligible risk to water quality, public facilities and roads, and nearby properties.
Development shall not take place on slope gradients of 15% 20% or more. Limited site improvements necessary to facilitate development on contiguous land with a slope of less than 15% 20% gradient may be permitted by the DRB. / A detailed map showing slope in increments of 2% is on view in the Town Office.
The final draft of the ordinance will include language clarifying where the slope assessment applies (i.e., beneath the footprint of the structure and to driveways but not over the entire parcel) and erosion control standards will be added to Article V. / Adopted 7/25/05; amended to eliminate clause B (prohibition on development above 20%) on 8/8/05.
9 / Article XVIII: Definitions / The current definition requires that contiguous parcels be treated as one parcel for purposes of the ordinance. This impacts both Section 802 (Existing Small Lots) and Section 402 (Rural Residential District Density and Lot Sizes). / Lot.Land, in separate and non affiliated ownership, occupied or to be occupied by a building and its accessory buildings, together with the required open spaces, having not less than the minimum area, width, and depth required for a lot in the district in which such land is situated, and having frontage on the street, or other means of access.A parcel of land described in a deed or subdivision plat recorded in the office of the MountHolly Town Clerk on or before the effective date of the Land Use Regulations. / Issues regarding minimum area, width, depth and frontage are addressed in Sections 401 and 402 (Dimensional Requirements), so the current language is redundant. If we treat contiguous lots (i.e., lots that are not in “separate and nonaffiliated ownership” as one (as we would be required to do under current language), owners of contiguous lots would be penalized under Section 402. / Adopted 7/25/05
10 / Article VII: Nonconformities / The 1-year restrictions on Restoration of a Use Nonconformity (Section 705) and Discontinuance of a Use Nonconformity (Section 706) are overly restrictive. (Steve Howard) /
Section 705: Restoration of a Use Nonconformity
Any use nonconformity that has been destroyed or damaged by fire, explosion, act of God, or by vandalism or public enemy, may be restored within a one-year period, to the same use nonconformity as existed before such damage. The DRB may grant two additional one-year extensionsextend this for up to one (1) additional year where it can be demonstrated that restoration within one year is not possible.Section 706: Discontinuance of Use Nonconformity
Any use nonconformity that has ceased by discontinuance, or by abandonment for a period of one (1) year, shall thereafter conform to the provisions of these Regulations. Notwithstanding this provision, the DRB may grant two additional one-year extensions where it can be demonstrated that restoration within one year is not possible. Intent to resume a use nonconformity shall not confer the right to do so unless actual resumption occurs within the specified time period. / Two additional one-year extensions, subject to DRB review, have been added. / Adopted 7/25/0511 / Section 820: Mobile Home Parks / The Mobile Home Parks provisions need to be updated to reflect the new Federal guidelines for Flood Hazard Areas. Also, this section is currently in the general regulations, but because all Mobile Home Parks are conditional, it makes more sense to move this clause to Article V (Uses Permitted Subject to Conditions). / Section 802: Mobile Home Parks
Mobile home parks where permitted as a conditional use in a specific land use district are subject to review under Section V of this regulation. New mobile home parks and any addition or alteration to an existing mobile home park require conditional use approval by the DRB.
Section 507: Mobile Home Parks
In addition to the standards set forth in Section 504, the DRB shall consider the following when reviewing an application for a mobile home park:
Mobile home lots in a MobileHomePark shall not be located within a flood way.
Mobile homes to be placed and existing mobile homes to be substantially improved that located in an existing mobile home park, where elevating a replacement home to or above base flood elevation is not possible, the lowest floor shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
All mobile homes and pads within the park, if located in a Flood Hazard Area, shall meet the requirements of Section 507. / The PC discussed public comment concerning the appropriateness of permitting Mobile Home Parks in the BelmontVillage and Hamlet districts (as a conditional use) but made no change in this regard. The PC recommends revisiting this issue following the completion of the affordable housing feasibility study. / Adopted 7/25/05
12 / Section 819: Erosion Control and Development on Steep Slopes / Current proposal does not allow for expansion of existing homes in areas restricted by steep slopes for future development and places an unfair burden on current landowners. / Add the following language to Section 819:
C. Developmentof a pre-existing structure situated on land with a slope greater than 16% but less than 20% may be granted by the DRB subject to conditional use review providedthat such action (1) does not create a greater nuisance or detriment to the public health, safety, or welfare (including making provision for adequate emergency vehicle acces); (2) addresses concerns with regard to erosion control; and (3) conforms to all other requirements applicable under these Regulations.
D. Development of a pre-existing structure situated on land with a slope of 20% or more shall be treated as a dimensional nonconformity (Section 708) and may be permitted by the DRB subject to the same conditions as in C, above. / Language/approach recommended by the RRPC. Expansion of structures would be permitted subject to conditional use review to ensure erosion control and emergency vehicle access. / Adopted 8/8/05; rescinded 8/11/05 in light of other changes (see below)
13 / Section 1002: Exemptions / The exemption from the requirement for a development permit for fences or walls less than four (4) in height is too restrictive (clause H). Don Eatmon and others / A.Residential entry stairs (excluding decks and porches), handicap access ramps, walkways, and fences or walls less than four (4) feet in height that do not extend into or obstruct public rights-of-way, or interfere with corner visibilities or sight distances for vehicular traffic. / Height restriction on fence exemption removed. / Adopted 8/8/05
14 / Section 822: Removal of Vegetation along Rivers and Streams / The 50-ft buffer requirement is too restrictive and treats landowners differently from farmers. Don Eatmon, Pat Nye, and others. (Don Eatmon) /
Section 821: Removal of Vegetation along Rivers and Streams
A. MajorRivers and Streams: A buffer of undisturbed natural vegetation not less than 50’ in depth shall be left along the edges of StarLake, LakeNinevah, the MillRiver, and Branch Brook, with the following exceptions:- A path no more than six (6) feet wide, perpendicular to the river, for access.
- Removal of vegetation on working agricultural properties in keeping with Accepted Agricultural Practices.
- A path no more than six (6) feet wide, perpendicular to the river, for access.
- Removal of vegetation on working agricultural properties in keeping with Accepted Agricultural Practices.
15 / Section 814: Trailers/Motorhomes / The requirements that trailers meet setback requirements and that trailers not be occupied for more than 90 days are too restrictive. (Don Eatmon) /
Section 814: Trailers/Motorhomes
Parking a camping trailer, travel trailer, pickup coach or motor home on any public or private property, is permitted only in accordance with the following regulations:A.It is not used as a permanent living quarters; and
B.If more than ten (10) feet in length it is parked so as to comply with the setback requirements of the district; and
C.It is not occupied for more than 90 days in any 12-month period unless it is being used as temporary living quarters while a valid development permit for construction of a permanent residence is in effect. / Section eliminated. / Adopted 8/8/05
16 / Section 1801 / The definition of Small Retail Establishment precludes businesses that are not owner-occupied. / Small Retail Establishment: A retail shop or store or retail personal service business, operated by the resident, within a residence or within an accessory building on a scale appropriate to the neighborhood., which is similar to a Home Occupation, but is evaluated by the DRB on a conditional use basis. It does not include a gas or auto service station. / Adopted 8/8/05
17 / Section 804 / Language about both resident and non-resident family members is unclear. / A.The home occupation shall be carried on by both resident and non-residentmembers of the family residing in the dwelling unit. Two additional employees who are not members of the family are permitted; / Adopted 8/8/05
18 / Section 1005 / Lack of clarity regarding commencement of development / Development permits and associated approvals shall remain in effect for five (5) year(s) from the date of issuance, unless the permit and associated approvals specify otherwise. All development authorized by the permit shall be substantially commenced within one year of the issuance of a development permitthis one-year period or reapplication and approval shall be required to continue development. The Administrative Officer may administratively renew a permit for a period not to exceed one (1) additional year upon finding that there was reasonable cause for delay in the start of the development.
19 / Section 818 / Provisions to reduce restrictions on expansion of existing structures on steep slope; clarification of location of slope measurement /
Section 818: Erosion Control & Development on Steep Slopes
A. All development involving the excavation, filling and/or re-grading of land having an average slope of 16% or more in the area in which the development shall take place shall be subject to review and approval by the DRB under conditional use review in Article V.1. Such plan shall provide detailed erosion and sedimentation control measures to be employed during all stages of the development, including the maintenance of such measures (including site preparation, construction and post-construction).
2. DRB approval may be contingent upon the submission of an adequate erosion and sedimentation control plan prepared by a qualified professional. Where excavation, grading, re-grading, or filling is conducted in association with forest management activities, an erosion control plan may be prepared by a professional forester.
3. The DRB may waive compliance with this provision in situations involving minimal disturbance of the site and/or limited areas of steep slope in which the development clearly poses a negligible risk to water quality, public facilities and roads, and nearby properties.
- A horizontal addition may be added to a pre-existing structureon slopes of 16% or more in the area in which the development shall take place subject to review and approval by the DRB.
2. DRB approval may be contingent upon the submission of an adequate erosion and sedimentation control plan prepared by a qualified professional. Where excavation, grading, re-grading, or filling is conducted in association with forest management activities, an erosion control plan may be prepared by a professional forester.
3. The DRB may waive compliance with this provision in situations involving minimal disturbance of the site and/or limited areas of steep slope in which the development clearly poses a negligible risk to water quality, public facilities and roads, and nearby properties. / Replacement language for form Section 819 regarding erosion control
20 / Section 402: Rural Residential District Density and Lot Sizes / Need to ensure that we have a record of the existing lots at the time the ordinance is implemented. (D. Johnson) /
A set of property maps showing existing lots on the date of the adoption of these regulations is on file in the Town Offices.
/ Need to create a set of maps. / Adopted by Select Board 9/13/0521 / Throughout / The word “parcel” still appears in the draft but is undefined. (D. Johnson) / Wherever the word “parcel” appears, we have added “lot or” (i.e., “lot or parcel”). / The definition of a lot reads: Lot. A parcel of land described in a deed or subdivision plat recorded in the office of the Mount Holly Town Clerk on or before the effective date of the Land Use Regulations. / Adopted by Select Board 9/13/05
22 / Throughout / Use of word “Boilerplate” / “Boilerplate” has been removed from section headings and the table of contents. / This wording was included for purposes of informing the public about what parts of the document were required by law and is not part of the ordinance itself. / Adopted by Select Board 9/13/05
23 / Section 1801: General Definitions / Limitations on physical size and number of employees for Light Industry are inappropriate (B. Wright) / The total gross floor area of operation does not exceed 10,000 square feet. The number of employees does not exceed 10 full-time equivalents. / Language removed from definition. / Adopted by Select Board 9/13/05
24 / Section 402 / The number of lots permitted under Section 402 is too restrictive. / Table of Permitted Homesites revised based on the principle of permitting 2 lots per 25 acres. / Adopted by Select Board 9/13/05
11/25/2018Page 1 of 9