TOWN OF PUTNEY, VERMONT
ZONING REGULATIONS
Including Amendments Adopted by
the Voters of Putney
on March 4, l997
This text amended in its entirety the ordinance entitled “Zoning Regulations, Town of Putney, Vermont,” adopted March 7, l978, and last amended on March 7, l989. This text became effective on March 4, l997.
ARTICLE I
ADMINISTRATION AND PROCEDURE
SECTION 100 ENACTMENT AND PURPOSE
100.1 Enactment. In accordance with the Vermont Planning and Development Act, 24 V.S.A. Chapter 117 (hereinafter, "Act"), Section 4401(b), there are hereby established zoning regulations for the Town of Putney, Vermont, which are set forth in the text and Zoning Map1 which constitute these regulations. These regulations shall be known and cited as the "Town of Putney, Vermont, Zoning Regulations."
1[Other maps are cited within the text of these regulations and are hereby included in these Zoning Regulations by reference. They include, but are not limited to, the Putney Town Plan maps, the National Flood Insurance Program maps, the Vermont Agency of Natural Resources’ Wellhead Protection Area maps, the U.S. Fish and Wildlife Service’s National Wetlands Inventory maps, and the Vermont Agency of Natural Resources’ Vermont Significant Wetland Inventory maps.]
100.2 Intent. It is the purpose of these Regulations to provide for orderly community growth, to promote the public health, safety and welfare, to implement the Town Plan, and to further the purposes established in Section 4302 of the Act.
SECTION 110 ADMINISTRATION AND ENFORCEMENT
110.1 Zoning Administrator. The Administrative Officer (hereinafter, "Zoning Administrator") shall be appointed in accordance with Section 4442 of the Act, and shall administer and enforce these regulations, maintain records, and perform all other necessary tasks to ensure compliance.
A. As provided in Section 4442 of the Act, the Zoning Administrator should provide an interested person with forms required to obtain any municipal permit or other municipal authorization required under this chapter, or under other laws or ordinances that relate to the regulation by the municipality of land development. If other municipal permits or authorizations are required, the Zoning Administrator should coordinate a unified effort on the behalf of the municipality in administering its development review programs. The administrative officer should inform any person applying for municipal permits or authorizations that the person should contact the regional permit specialist employed by the Agency of Natural Resources, in order to assure timely action on any related state permits; nevertheless, the applicant retains the obligation to identify, apply for, and obtain relevant state permits.
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B. An Acting Zoning Administrator may be appointed and shall have the same duties and responsibilities as the Zoning Administrator in his or her absence.
110.2 Zoning Board of Adjustment. A 9 member Zoning Board of Adjustment (hereinafter, "ZBA") shall be appointed by the Selectpeople. The ZBA may consist of members of the Planning Commission. At least a majority of the members shall be residents of Putney. The ZBA shall have all the powers and duties specified in the Act and these zoning regulations, including, but not limited to, hearing and deciding on appeals of any decision or act of the Zoning Administrator, requests for a Variance from the provisions of these regulations, and requests for Conditional Use approval.
110.3 Planning Commission. A 9 member Planning Commission shall be appointed by the Selectpeople. At least a majority of the members shall be residents of Putney. The Planning Commission shall have all the powers and duties specified in the Act and these zoning regulations, including, but not limited to, review and decisions regarding Site Plan Applications, Planned Residential Developments, Planned Unit Developments, Planned Educational Developments, development of lots without road frontage on Town or State maintained right-of-ways or the Connecticut River, and periodic review and revisions of the Town Plan and the Zoning Regulations.
110.4 Public Notice. Any public notice required for public hearing under these Zoning Regulations shall be provided by publication of the date, place and purpose of such hearing in a newspaper of general circulation and the posting of a notice in at least one public place within the Town no less than 15 days prior to the date of the public hearing.
110.5 Enforcement. Any violation of these regulations shall be subject to fines and enforcement as provided in Sections 4444 and 4445 of the Act.
110.6 Amendments. These Regulations may be amended according to the requirements and procedures established in Sections 4403 and 4404 of the Act.
110.7 Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except for Section 4409(b) of the Act and where, in these regulations, specifically provided to the contrary, it is not intended by these regulations to repeal, annul or in any way impair any regulations or permits previously adopted or issued, provided, however, that where these regulations impose a greater restriction upon the use of a structure or land than is required by any other statute, ordinance, rule, regulation, permit, easement or agreement, the provisions of these regulations shall control.
PUTNEY ZONING REGULATIONS Page 82 As Amended on 3/4/97
110.8 Effective Date. These amendments shall take effect in accordance with the voting and other procedures contained in Sections 4403 and 4404 of the Act. On the day they are effective, they shall amend in its entirety the ordinance entitled "Zoning Regulations, Town of Putney, Vermont," adopted March 7, l978, and last amended March 7, l989.
110.9 Severability. The invalidity of any article or section of these Regulations shall not invalidate any other part.
PUTNEY ZONING REGULATIONS Page 82 As Amended on 3/4/97
ARTICLE II
PERMITS AND APPROVALS
SECTION 200 ZONING PERMITS
200.1 When Required. A Zoning Permit shall be required prior to the commencement of any Land Development. "Land Development" is defined in Section 4303(3) of the Act to mean:
A. The division of a parcel into two or more parcels;
B. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and
C. Any change in the use of any building or other structure, or land, or extension of use of land.
200.2 Purpose of Permits. Zoning Permits are required so that the Zoning Administrator is provided with information about Land Development within the Town of Putney, and to ensure that all such activity is in compliance with these regulations.
200.3 Application for a Zoning Permit. The Zoning Administrator shall consider an application for a Zoning Permit to be complete only when all of the following requirements are met:
A A Zoning Permit Application Form, as established by the Planning Commission, has been properly completed and submitted.
B. The Zoning Permit fee, as established by the Board of Selectpeople, has been paid.
C. All applicable local approvals that may be required by these regulations have been secured, including, but not limited to:
1. Site Plan Approval
2. Conditional Use Approval
3. Planned Residential Development, Planned Unit Development, or Planned Education Development approval
4. Variances
D. Any additional information requested by the Zoning Administrator has been provided.
PUTNEY ZONING REGULATIONS Page 82 As Amended on 3/4/97
200.4 Issuance of a Zoning Permit.
A. When an application for a Zoning Permit has been deemed complete, the Zoning Administrator shall act within 30 days to approve or deny the application, or it shall be deemed approved. The applicant shall be notified in writing of either denial of the application, with reasons, or approval of the application. Zoning Permits requiring local approvals (pursuant to Section 200.3C above) shall be subject to the conditions and limitations described in those approvals.
B. No zoning permit may be issued by the Zoning Administrator except in conformance with these regulations.
C. A zoning permit remains in effect regardless of transfer of ownership or interest in a lot.
200.5 Effective Date. As provided in Section 4443 of the Act, no zoning permit issued by the Zoning Administrator shall take effect until 15 days have passed or, if an appeal is filed, until final adjudication of the appeal.
A Within three days following the issuance of a zoning permit, the Zoning Administrator shall deliver a copy of the permit to the Listers and post a copy of the permit in at least one public place in the municipality until the expiration of fifteen days from the issuance of the permit.
B. Each zoning permit shall contain a statement of the 15 day period during which an appeal may be made.
C. Pursuant to Section 4464 of the Act, an Interested Person may appeal any act or decision of the Zoning Administrator to the ZBA within 15 days.
200.6 Expiration. All activities authorized by a Zoning Permit shall be completed within 2 years or the zoning permit shall become null and void and reapplication to complete any activities shall be required. Any activities not completed within 2 years shall be subject to any ordinances in effect at the time of reapplication. The Zoning Board may grant a one year extension to this two-year period.
200.7 Posting of Zoning Permit. Upon the issuance of a Zoning Permit and the commencement of Land Development as defined by these Regulations, the permittee shall post a copy of the Zoning Permit in a conspicuous place on the land or structure involved until the project has been completed. Failure to post such a notice shall be deemed a violation of this Regulation.
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SECTION 210 CERTIFICATE OF OCCUPANCY.
Pursuant to Section 4443(a)(2) of the Act, except as provided below, it shall be a violation of these regulations to use or occupy or permit the use of occupancy of any Land Development, following receipt of a zoning permit, until a Certificate of Occupancy has been issued by the Zoning Administrator.
A. A Certificate of Occupancy shall only be required for Land Development which required Planning Commission and/or Zoning Board Approval before a Zoning Permit could be issued.
B. A Certificate of Occupancy shall not be required for Land Development which solely required a Variance or Subdivision Approval.
C. Prior to issuance of a Certificate of Occupancy, the Zoning Administrator shall determine that the Land Development conforms to the requirements of these Zoning Regulations as well as the Findings of Fact, Conclusions of Law, and Decisions (including any conditions of approval) of any Planning Commission and/or Zoning Board approvals issued for the Land Development.
D. In the case of Land Development that has been approved by the Planning Commission and/or Zoning Board for phased construction, a Certificate of Occupancy shall be required for each phase of the development.
E. Temporary Certificate of Occupancy. Subject to appropriate conditions, the Zoning Administrator may grant a Temporary Certificate of Occupancy for Land Development which does not yet comply with all the requirements listed in Subsection C above due to circumstances beyond the lot owner’s control.1 The Zoning Administrator may require a letter of credit or other financial security instrument adequate to ensure that the development shall be completed in a timely manner as required.
1[For example, the onset of Winter has delayed the planting of landscaping until Spring, or temporary exterior light fixtures have been installed while the correct lighting fixtures have been back ordered.]
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SECTION 220 CONDITIONAL USE APPROVAL
Pursuant to Section 4407 (2) of the Act, no Zoning Permit shall be issued for any use or structure which requires Conditional Use Approval under these Regulations until the ZBA has granted its approval. A Conditional Use shall be approved only if the ZBA determines, after public notice and hearing, that the proposed use conforms to the general and specific standards contained in these Regulations. The burden of proof to satisfy all standards shall be on the applicant.
A. The ZBA shall act to approve or disapprove any requested Conditional Use within 60 days after the date of the final public hearing or the Conditional Use shall be deemed approved. The applicant shall be notified in writing of either approval, approval with conditions, or denial.
B. Conditional Use Approval shall remain in effect regardless of transfer of ownership or interest in the Lot.
C. Any alteration or expansion of an existing Conditional Use shall require Conditional Use Approval.
D. No clearing of land or construction of access roads shall occur in preparation for a Conditional Use until approval for this use has been granted by the ZBA and a zoning permit has been issued.
E. Where so specified in these regulations, certain uses and structures which exceed the limits which would otherwise apply to them under these regulations may apply for approval as a Conditional Use. These regulations include, but are not limited to, the following:
1. Setbacks [see Section 300.9.B.2]
2. Accessory Use [see Section 310.3.D.
3. Secondary Use [see Section 310.4.B]
4. Residential Care/Group Homes [see Section 505.A]
5. Day Care Facilities [see Section 505.B]
6. Height [see Section 506]
7. Demolition, Burning, or Abandonment of Structures [see Section 507]
. 8. Land Use Performance Standards [see Section 508]
9. Temporary Homes and Offices During Construction [see Section 606]
10. Non-Commercial, Receive-Only or Broadcast Antenna [see Section 607.1]
11. Shorelands [see Sections 710.5.D and 710.8.B]
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F. Sketch Plan Review. An applicant may attend a Zoning Board meeting to discuss a proposed development and the application procedure before submitting an application. This procedure is called "Sketch Plan Review."
G. Amendments to a use or a structure, which in the opinion of the Chairperson of the Zoning Board are minor and have no adverse effect in terms of the General Standards for Conditional Use Approval listed in Section 220.1 below, shall not require Conditional Use Approval before a Zoning Permit may be issued for that use or structure.
220.1 General Standards for Conditional Use Approval. Before granting Conditional Use Approval, the ZBA shall determine that the proposed use shall not adversely affect*: